title-11•COMAR Title 11 — DEPARTMENT OF TRANSPORTATION
# COMAR Title 11 — DEPARTMENT OF TRANSPORTATION
##### **COMAR 11.01.01** Promulgation and Adoption of Regulations [Repealed] {#sec-11.01.01 omnilex-key=us-md-regs-official--title-11--11.01.01}
## **11.01.02** Petition for the Adoption of Regulations
##### **COMAR 11.01.02.01** Who May File. {#sec-11.01.02.01 omnilex-key=us-md-regs-official--title-11--11.01.02.01}
Any interested person may file a petition with the appropriate promulgating authority requesting the promulgation, amendment, or repeal of any regulation.
**History**
- *Administrative History: Effective date: January 15, 1973*
- *Administrative History: Regulation .03 amended effective January 26, 1979 (6:2 Md. R. 75); August 28, 1995 (22:17 Md. R. 1318)*
- *Authority: Transportation Article, §2-103(b); State Government Article, §§10-122 and 10-123; Annotated Code of Maryland*
##### **COMAR 11.01.02.02** Form. {#sec-11.01.02.02 omnilex-key=us-md-regs-official--title-11--11.01.02.02}
A. A petition requesting the promulgation of a regulation shall be in writing and shall contain a brief statement of the regulation sought, as well as a statement of the reasons in support of the request. The petition shall be signed by the petitioner and shall contain his home and business address and his telephone number.
B. A petition requesting the amendment or repeal of an existing regulation shall be in writing and shall fully set forth the regulation as to which the petition has been filed. If the petition is for the amendment of a regulation, the changes desired shall be completely described, and a brief statement of the reasons for the changes requested shall be given. If the petition is for the repeal of a regulation, it shall contain a brief statement of the reasons for which repeal is sought.
C. Any petition which is filed on behalf of other than an individual petitioner, in addition to the petitioner identification requirements of §A of this regulation, shall give the name, home and business addresses, and telephone number of the individual or individuals who have drawn the petition and caused it to be filed on behalf of the named petitioner.
**History**
- *Administrative History: Effective date: January 15, 1973*
- *Administrative History: Regulation .03 amended effective January 26, 1979 (6:2 Md. R. 75); August 28, 1995 (22:17 Md. R. 1318)*
- *Authority: Transportation Article, §2-103(b); State Government Article, §§10-122 and 10-123; Annotated Code of Maryland*
##### **COMAR 11.01.02.03** Submission, Consideration, and Disposition. {#sec-11.01.02.03 omnilex-key=us-md-regs-official--title-11--11.01.02.03}
The petition shall be filed with the appropriate promulgating authority, which shall give the petition its full consideration. Within 60 days after submission of a petition, the promulgating authority shall either deny the petition in writing, stating the reasons for its denial, or initiate appropriate promulgating procedures in accordance with its decision. If a new regulation is adopted, or if an existing regulation is amended or repealed by a promulgating authority other than the Secretary, in response to the filing of a petition, it shall be submitted to the Secretary for review and approval.
**History**
- *Administrative History: Effective date: January 15, 1973*
- *Administrative History: Regulation .03 amended effective January 26, 1979 (6:2 Md. R. 75); August 28, 1995 (22:17 Md. R. 1318)*
- *Authority: Transportation Article, §2-103(b); State Government Article, §§10-122 and 10-123; Annotated Code of Maryland*
## **11.01.03** Petition for Declaratory Rulings
##### **COMAR 11.01.03.01** Who May File. {#sec-11.01.03.01 omnilex-key=us-md-regs-official--title-11--11.01.03.01}
Any interested person may file a petition for a declaratory ruling with respect to the applicability to any person, property, or state of facts of any regulation promulgated by any unit of the Department, of an order of a unit of the Department, or of any statute enforceable by any unit.
**History**
- *Administrative History: Effective date: January 5, 1973*
- *Administrative History: Regulations .01—.04 amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Authority: Transportation Article, §2-102, Annotated Code of Maryland*
##### **COMAR 11.01.03.02** Where to File. {#sec-11.01.03.02 omnilex-key=us-md-regs-official--title-11--11.01.03.02}
A petition with respect to the applicability of any regulation, order, or statute enforceable by any unit of the Department shall be filed with the appropriate authority.
**History**
- *Administrative History: Effective date: January 5, 1973*
- *Administrative History: Regulations .01—.04 amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Authority: Transportation Article, §2-102, Annotated Code of Maryland*
##### **COMAR 11.01.03.03** Form. {#sec-11.01.03.03 omnilex-key=us-md-regs-official--title-11--11.01.03.03}
Any petition shall be in writing, shall contain a detailed statement of the facts on which the petition is based, shall fully set forth the regulations, orders, or statutes involved, and shall pose the question of whether, and in what manner, the regulations, orders, or statutes apply to the petitioner under the facts contained in the petition. The petition shall contain the name, address, and telephone number of the petitioner, and shall contain a statement by the petitioner, under oath, that the facts contained in the petition are true.
**History**
- *Administrative History: Effective date: January 5, 1973*
- *Administrative History: Regulations .01—.04 amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Authority: Transportation Article, §2-102, Annotated Code of Maryland*
##### **COMAR 11.01.03.04** Consideration and Disposition. {#sec-11.01.03.04 omnilex-key=us-md-regs-official--title-11--11.01.03.04}
The unit with which the petition has been filed shall consider the petition and may issue the declaratory ruling requested. The considering authority may require argument on the petition. Any declaratory ruling which may issue binds the unit and the petitioner on the facts set forth in the petition. Any declaratory ruling issued by a promulgating authority shall be in writing and shall state the reasons for the decision. A copy of the declaratory ruling shall be mailed to the petitioner.
**History**
- *Administrative History: Effective date: January 5, 1973*
- *Administrative History: Regulations .01—.04 amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Authority: Transportation Article, §2-102, Annotated Code of Maryland*
## **11.01.04** Open Meetings
##### **COMAR 11.01.04.01** General. {#sec-11.01.04.01 omnilex-key=us-md-regs-official--title-11--11.01.04.01}
This chapter contains procedures regarding the conduct of persons attending open meetings, and the recording and broadcasting of open meetings.
**History**
- *Administrative History: Effective date: January 15, 1973*
- *Administrative History: Chapter, Adoption of Regulations, repealed effective March 6, 1981 (8:5 Md. R. 475)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06, Open Meetings, adopted effective May 24, 1993 (20:10 Md. R. 852)*
- *Administrative History: Regulation .02B amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103; State Government Article, §10-507; Annotated Code of Maryland*
##### **COMAR 11.01.04.02** Definitions. {#sec-11.01.04.02 omnilex-key=us-md-regs-official--title-11--11.01.04.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Department” means the Maryland Department of Transportation and includes the Office of the Secretary, all units in the Department as set forth in Transportation Article, §2-107, Annotated Code of Maryland, and all boards, commissions, authorities, and councils within the Department, except for the Maryland Port Commission and Maryland Port Administration.
(2) “Open session” means any meeting of the Department required to be open to the public pursuant to the Open Meetings Act, State Government Article, Title 10, Subtitle 5, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: January 15, 1973*
- *Administrative History: Chapter, Adoption of Regulations, repealed effective March 6, 1981 (8:5 Md. R. 475)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06, Open Meetings, adopted effective May 24, 1993 (20:10 Md. R. 852)*
- *Administrative History: Regulation .02B amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103; State Government Article, §10-507; Annotated Code of Maryland*
##### **COMAR 11.01.04.03** Public Attendance. {#sec-11.01.04.03 omnilex-key=us-md-regs-official--title-11--11.01.04.03}
A. The general public is invited to attend and observe any open session of the Department.
B. Except in instances when the Department expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the general public attending an open session may not participate in the session.
**History**
- *Administrative History: Effective date: January 15, 1973*
- *Administrative History: Chapter, Adoption of Regulations, repealed effective March 6, 1981 (8:5 Md. R. 475)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06, Open Meetings, adopted effective May 24, 1993 (20:10 Md. R. 852)*
- *Administrative History: Regulation .02B amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103; State Government Article, §10-507; Annotated Code of Maryland*
##### **COMAR 11.01.04.04** Disruptive Conduct. {#sec-11.01.04.04 omnilex-key=us-md-regs-official--title-11--11.01.04.04}
A. An individual attending an open session of the Department may not engage in any conduct, including but not limited to visual demonstrations such as the display of placards, signs, or banners, that disrupts the session or interferes with the right of members of the public to attend and observe the session.
B. The presiding officer may:
(1) Order a person who engages in conduct prohibited by §A of this regulation or who violates any other regulation concerning the conduct of the open session to be removed from the session;
(2) Request police or other assistance to restore order; and
(3) Recess the open session while order is restored.
**History**
- *Administrative History: Effective date: January 15, 1973*
- *Administrative History: Chapter, Adoption of Regulations, repealed effective March 6, 1981 (8:5 Md. R. 475)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06, Open Meetings, adopted effective May 24, 1993 (20:10 Md. R. 852)*
- *Administrative History: Regulation .02B amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103; State Government Article, §10-507; Annotated Code of Maryland*
##### **COMAR 11.01.04.05** Recording, Photocopying, and Broadcasting of Open Sessions. {#sec-11.01.04.05 omnilex-key=us-md-regs-official--title-11--11.01.04.05}
A. A member of the general public, including any representative of the news media, may:
(1) Record discussions of the Department at an open session by means of a tape recorder or other recording device if the device does not create noise that disturbs members of the Department or others attending the open session;
(2) Photograph or videotape the proceedings of the Department at an open session if the camera is operated without excessively bright artificial light or noise that disturbs members of the Department or others attending the open session.
B. A representative of the news media may broadcast or televise the proceedings of the Department at an open session if the equipment used:
(1) Is operated without excessively bright artificial light that disturbs members of the Department or others attending the open session; and
(2) Does not create noise that disturbs members of the Department or others attending the open session.
C. The presiding officer may restrict the movement of a person who is using a recording device, camera, or broadcasting or televising equipment if the restriction is necessary to maintain the orderly conduct of the open session.
**History**
- *Administrative History: Effective date: January 15, 1973*
- *Administrative History: Chapter, Adoption of Regulations, repealed effective March 6, 1981 (8:5 Md. R. 475)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06, Open Meetings, adopted effective May 24, 1993 (20:10 Md. R. 852)*
- *Administrative History: Regulation .02B amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103; State Government Article, §10-507; Annotated Code of Maryland*
##### **COMAR 11.01.04.06** Recordings Not Part of Record. {#sec-11.01.04.06 omnilex-key=us-md-regs-official--title-11--11.01.04.06}
A recording of an open session by a member of the public, including a representative of the news media, or any transcript derived from a recording, is not a part of the record of any proceeding of the open session.
**History**
- *Administrative History: Effective date: January 15, 1973*
- *Administrative History: Chapter, Adoption of Regulations, repealed effective March 6, 1981 (8:5 Md. R. 475)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06, Open Meetings, adopted effective May 24, 1993 (20:10 Md. R. 852)*
- *Administrative History: Regulation .02B amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103; State Government Article, §10-507; Annotated Code of Maryland*
## **11.01.05** Board of Review of the Department of Transportation
##### **COMAR 11.01.05.01** Meetings; Quorum; Votes. {#sec-11.01.05.01 omnilex-key=us-md-regs-official--title-11--11.01.05.01}
The Board shall meet for hearings and other purposes at the call of the Chairman. Unless otherwise designated by the Chairman, meetings shall be held at the headquarters building of the Department of Transportation. Five members shall constitute a quorum for the hearing of appeals. Four members shall constitute a quorum for all other meetings. Decisions shall be by a majority vote of those present.
**History**
- *Administrative History: Effective date: January 15, 1973*
- *Administrative History: Regulation .03A amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective August 6, 1990 (17:15 Md. R. 1860); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07C amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .08 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .09 repealed and new Regulation .09 adopted effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §§2-505 and 2-506, Annotated Code of Maryland*
##### **COMAR 11.01.05.02** Vice-Chairman; Acting Chairman. {#sec-11.01.05.02 omnilex-key=us-md-regs-official--title-11--11.01.05.02}
At the first meeting of the Board in each calendar year, the Board shall elect a Vice-Chairman to serve until his successor has been elected. The Vice-Chairman shall preside at meetings as acting chairman in the absence of the Chairman, and shall perform all the functions and shall have all the powers of the Chairman in the event of the absence from the State or the disability of the Chairman. Any other member of the Board may be designated as temporary acting chairman by the Chairman or, in his absence, by the Vice-Chairman.
**History**
- *Administrative History: Effective date: January 15, 1973*
- *Administrative History: Regulation .03A amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective August 6, 1990 (17:15 Md. R. 1860); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07C amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .08 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .09 repealed and new Regulation .09 adopted effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §§2-505 and 2-506, Annotated Code of Maryland*
##### **COMAR 11.01.05.03** Scope of Review. {#sec-11.01.05.03 omnilex-key=us-md-regs-official--title-11--11.01.05.03}
A. Pursuant to Transportation Article, §2-505(b), Annotated Code of Maryland, the Board shall hear and determine appeals from the adoption of regulations by the Secretary of Transportation or by any administration or other agency within the Department. Regulations subject to review shall be as defined in State Government Article, §10-101(e), Annotated Code of Maryland. As set forth in State Government Article, §10-125, Annotated Code of Maryland, a complainant may initiate the appeal procedure when it appears that the regulation or its threatened application interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the complainant.
B. The appeal shall be based upon the allegation that the regulation violates constitutional provisions, exceeds the statutory authority of the agency, or was adopted without compliance with statutory promulgating procedures.
C. In addition, the Board shall hear and determine appeals from those actions or failures to act by any administration or agency within the Department of Transportation for which the Secretary, by regulation, provides for review by the Board.
**History**
- *Administrative History: Effective date: January 15, 1973*
- *Administrative History: Regulation .03A amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective August 6, 1990 (17:15 Md. R. 1860); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07C amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .08 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .09 repealed and new Regulation .09 adopted effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §§2-505 and 2-506, Annotated Code of Maryland*
##### **COMAR 11.01.05.04** Initiation of Review by Promulgating Authority: Complaint. {#sec-11.01.05.04 omnilex-key=us-md-regs-official--title-11--11.01.05.04}
A. A complainant seeking to appeal the adoption of a regulation, within the meaning of State Government Article, §10-101(e), Annotated Code of Maryland, by the Secretary of Transportation or by any administration or agency within the Department, shall first file a complaint in writing to the chief executive officer of the administration or other agency which has promulgated the regulation, within 30 days after the complainant knows, or with the exercise of ordinary diligence should have known, that the complainant is aggrieved.
B. Unless an extension of time has been agreed upon by the parties, the chief executive officer of the administration or agency shall render a decision within 30 days of the filing of the complaint.
C. A copy of the decision shall be sent to the complainant by certified mail, return receipt requested.
**Cross References**
11.01.05.05A
11.01.05.05B
**History**
- *Administrative History: Effective date: January 15, 1973*
- *Administrative History: Regulation .03A amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective August 6, 1990 (17:15 Md. R. 1860); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07C amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .08 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .09 repealed and new Regulation .09 adopted effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §§2-505 and 2-506, Annotated Code of Maryland*
##### **COMAR 11.01.05.05** Initiation of Review by the Board: Appeal. {#sec-11.01.05.05 omnilex-key=us-md-regs-official--title-11--11.01.05.05}
A. Appeals to the Board of Review shall be filed with the Board within 30 days after the complainant has received a copy of the decision as provided for in Regulation .04 of this chapter.
B. If no decision on the complaint has been sent to the complainant, an appeal may be filed within 30 days from the time the decision should have been made pursuant to Regulation .04 of this chapter.
C. The Board, for good cause shown, may extend the time within which an appeal shall be filed, if a motion for the extension is filed with the Board within 30 days from the time a filing of an appeal is required by this regulation.
**History**
- *Administrative History: Effective date: January 15, 1973*
- *Administrative History: Regulation .03A amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective August 6, 1990 (17:15 Md. R. 1860); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07C amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .08 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .09 repealed and new Regulation .09 adopted effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §§2-505 and 2-506, Annotated Code of Maryland*
##### **COMAR 11.01.05.06** Appeal Docket; Time and Place of Hearings; Notice. {#sec-11.01.05.06 omnilex-key=us-md-regs-official--title-11--11.01.05.06}
A. When an appeal of a regulation has been filed with the Board of Review, The Board shall docket the appeal in its docket book which shall be available for public inspection during regular business hours.
B. Appeals shall be assigned for hearing by the Chairman, and, insofar as feasible, in the sequence in which they are filed, provided that appeals filed with inadequate information may not be assigned for hearing until the appeal information has been satisfactorily completed. The Chairman may advance the date for hearing of any appeal or postpone the hearing date. Dates of hearing shall be noted on the docket.
C. The Board shall give notice of the date and place of hearing by certified mail, receipt requested, to the complainant and any other parties appearing on the Board's docket, not more than 30 days or less than 15 days before the date of hearing. The Chairman may designate additional means of notice in any case.
D. Appeals set for hearing on a particular day shall be heard in the order designated by the Chairman. Appeals not heard on the day set, or not concluded on the day set, shall be reset or continued to a future day. If the day to which the appeal is reset or continued is announced at the hearing meeting, it is not necessary to give further notice of the date of hearing to which the appeal is continued.
**History**
- *Administrative History: Effective date: January 15, 1973*
- *Administrative History: Regulation .03A amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective August 6, 1990 (17:15 Md. R. 1860); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07C amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .08 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .09 repealed and new Regulation .09 adopted effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §§2-505 and 2-506, Annotated Code of Maryland*
##### **COMAR 11.01.05.07** Conduct of Hearings. {#sec-11.01.05.07 omnilex-key=us-md-regs-official--title-11--11.01.05.07}
A. Hearings shall be conducted generally in the following order:
(1) Call of the case by the presiding officer;
(2) Disposition of any preliminary matters;
(3) Opening statements of the parties;
(4) Presentation of evidence in the following order:
(a) Complainant,
(b) Interested administrative officers,
(c) Other parties,
(d) Rebuttals in the same order;
(5) Closing arguments.
B. The Board may limit the time allowed for opening statements and closing arguments.
C. If applicable, the Board shall in all respects be governed by the provisions of the Administrative Procedure Act, State Government Article, Title 10, Annotated Code of Maryland. In the event of any conflict between the regulations of the Board and the Act, the provisions of the Act shall supersede.
**History**
- *Administrative History: Effective date: January 15, 1973*
- *Administrative History: Regulation .03A amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective August 6, 1990 (17:15 Md. R. 1860); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07C amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .08 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .09 repealed and new Regulation .09 adopted effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §§2-505 and 2-506, Annotated Code of Maryland*
##### **COMAR 11.01.05.08** Forms and Content of Appeal Before the Board of Review. {#sec-11.01.05.08 omnilex-key=us-md-regs-official--title-11--11.01.05.08}
Appeals shall be filed in the following form or in a form substantially similar to this form:
(FORM) BEFORE THE BOARD OF REVIEW OF THE DEPARTMENT OF TRANSPORTATION
(Name and Address) (Complainant)
Vs.
(Official or Administration appealed from See Rule 4.) (Respondent)
APPEAL NO.
1. _______________ (Name), Complainant, appeals from: (Here set forth the decision made by the Administrator when requested by complainant to review a regulation promulgated by his Administration, or the failure of the Administrator to render a decision. Included also shall be a statement that the complainant has complied with the requirements of Regulation .04.)
2. The issue involved in this appeal is: (Here set forth, in sufficient detail, the grounds upon which the appeal is subject to review by the Board under Regulation .03 the grounds upon which the Regulation is challenged, and the alleged error of the respondent.)
3. Complainant also desires to state as follows: (Here set forth any other comments or matters complainant believes are proper, necessary, or desirable to include in this notation of appeal.)
4. List the name, address, and telephone number of each complainant.
Signed: ____________________ (Complainant)
Address and Telephone
**History**
- *Administrative History: Effective date: January 15, 1973*
- *Administrative History: Regulation .03A amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective August 6, 1990 (17:15 Md. R. 1860); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07C amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .08 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .09 repealed and new Regulation .09 adopted effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §§2-505 and 2-506, Annotated Code of Maryland*
##### **COMAR 11.01.05.09** Pleadings and Motions in Appeals; Service; Parties. {#sec-11.01.05.09 omnilex-key=us-md-regs-official--title-11--11.01.05.09}
A. Answer. The respondent in an appeal shall file an answer to the appeal and an interested individual may file an answer to the appeal.
B. Pleadings and Motions.
(1) A party may file motions or other pleadings.
(2) Each party's name, address, and telephone number, or that of the party's counsel, shall be stated on each motion or pleading.
(3) The form and content of pleadings, except as otherwise set forth in these regulations, shall be generally in accordance with the practice in the courts in this State.
C. Service. After the filing of the appeal, the answer and all motions and pleadings shall be served on all parties appearing on the docket.
D. The Board may act on matters before or at the hearing or after the hearing.
**History**
- *Administrative History: Effective date: January 15, 1973*
- *Administrative History: Regulation .03A amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective August 6, 1990 (17:15 Md. R. 1860); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07C amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .08 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .09 repealed and new Regulation .09 adopted effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §§2-505 and 2-506, Annotated Code of Maryland*
##### **COMAR 11.01.05.10** Practice in Appeals. {#sec-11.01.05.10 omnilex-key=us-md-regs-official--title-11--11.01.05.10}
Any person may appeal to the Board in proper person or by an attorney admitted to practice before the Court of Appeals of Maryland, in good standing, representing the complainant. At the hearing, any party may proceed in proper person, or by the attorney. Corporations may appeal and proceed at the hearing by the attorney or by an officer of the corporation duly authorized to do so by a resolution of the board of directors of the corporation (or in a close corporation with no board of directors by the stockholders or sole stockholder in accordance with its charter) filed with the Board. Unless the resolution has been filed, the Board may not accept an appeal signed by the corporate officer or permit the corporate officer to proceed at the hearing.
**History**
- *Administrative History: Effective date: January 15, 1973*
- *Administrative History: Regulation .03A amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective August 6, 1990 (17:15 Md. R. 1860); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07C amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .08 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .09 repealed and new Regulation .09 adopted effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §§2-505 and 2-506, Annotated Code of Maryland*
##### **COMAR 11.01.05.11** Transcript Record in Appeals. {#sec-11.01.05.11 omnilex-key=us-md-regs-official--title-11--11.01.05.11}
A stenographic record or sound tape record shall be taken in each appeal. It is not necessary to transcribe the record unless so ordered by the Chairman or the Board. Any party may order a transcript at the expense of that party, and any party taking an appeal to the courts shall order and obtain a transcript at the expense of the party so appealing. The Board may require a party granted a rehearing to order and obtain a transcript at the expense of that party. Whenever a transcript is made, a copy shall be deposited with the secretary of the Board.
**History**
- *Administrative History: Effective date: January 15, 1973*
- *Administrative History: Regulation .03A amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective August 6, 1990 (17:15 Md. R. 1860); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07C amended effective August 6, 1990 (17:15 Md. R. 1860)*
- *Administrative History: Regulation .08 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .09 repealed and new Regulation .09 adopted effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §§2-505 and 2-506, Annotated Code of Maryland*
## **11.01.06** Transportation Planning Process — The Action Plan
##### **COMAR 11.01.06.01** Incorporation by Reference. {#sec-11.01.06.01 omnilex-key=us-md-regs-official--title-11--11.01.06.01}
A. In this chapter, the following document is incorporated by reference.
B. Document Incorporated. The Maryland Action Plan (Maryland Department of Transportation, State Highway Administration, December, 1993).
**History**
- *Administrative History: Effective date: February 15, 1974*
- *Administrative History: Chapter revised effective December 16, 1977 (4:26 Md. R. 2025)*
- *Administrative History: Regulation .01C amended effective March 30, 1992 (19:6 Md. R. 674)*
- *Administrative History: Regulation .01D amended effective June 29, 1979 (6:13 Md. R. 1129)*
- *Administrative History: Regulation .01 repealed and new Regulations .01 and .02 adopted effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103, Annotated Code of Maryland;Federal-Aid Highway Program Manual, Volume 7, Chapter 7, §1, promulgated under authority of 23 U.S.C. §109(h)*
##### **COMAR 11.01.06.02** The Action Plan. {#sec-11.01.06.02 omnilex-key=us-md-regs-official--title-11--11.01.06.02}
A. The Action Plan is:
(1) The planning process for State highway and other transportation projects; and
(2) Designed to assure that adequate consideration is given to possible social, economic, and environmental effects of proposed projects, and that decisions on these projects are made in the best overall public interest.
B. The Action Plan establishes the organizational arrangements, the assignment of responsibilities, and the procedures to be followed to assure that:
(1) The social, economic, and environmental effects of proposed projects are identified;
(2) Alternative courses of action are considered; and
(3) Other governmental agencies and the public are involved throughout the planning process.
**History**
- *Administrative History: Effective date: February 15, 1974*
- *Administrative History: Chapter revised effective December 16, 1977 (4:26 Md. R. 2025)*
- *Administrative History: Regulation .01C amended effective March 30, 1992 (19:6 Md. R. 674)*
- *Administrative History: Regulation .01D amended effective June 29, 1979 (6:13 Md. R. 1129)*
- *Administrative History: Regulation .01 repealed and new Regulations .01 and .02 adopted effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103, Annotated Code of Maryland;Federal-Aid Highway Program Manual, Volume 7, Chapter 7, §1, promulgated under authority of 23 U.S.C. §109(h)*
##### **COMAR 11.01.07** Transportation Professional Services Selection Board [Repealed — See COMAR 21.12.02] {#sec-11.01.07 omnilex-key=us-md-regs-official--title-11--11.01.07}
**History**
- *Administrative History: Effective date: February 10, 1975 (2:5 Md. R. 309)*
- *Administrative History: Regulation .08 amended effective February 18, 1976 (3:4 Md. R. 218)*
- *Administrative History: Chapter revised effective July 6, 1977 (4:14 Md. R. 1083)*
- *Administrative History: Chapter revised effective March 9, 1979 (6:5 Md. R. 445)*
- *Administrative History: Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)*
- *Administrative History: The substance of this chapter was transferred to Title 21. See COMAR 21.12.02.*
## **11.01.08** Implementation of The Maryland Environmental Policy Act
##### **COMAR 11.01.08.01** Policy. {#sec-11.01.08.01 omnilex-key=us-md-regs-official--title-11--11.01.08.01}
A. It is the policy of the Department of Transportation that the Department, and each of its administrations, agencies, boards, commissions, and other units, conduct its affairs with an awareness of its responsibility for the protection of the environment for the present and future. The Maryland Environmental Policy Act (Act), Chapter 703 of the Laws of 1973, as codified in §§1-301—1-305, Natural Resources Article, Annotated Code of Maryland, mandates that State agencies, in balancing economic development and environmental quality, shall engage in thoughtful consideration of the environmental effects of their proposed actions, including: ecological, socio-economic, developmental, recreational, historic, architectural, aesthetic, and other values. Environmental assessment forms (EAF) and environmental effects reports (EER), as defined in the guidelines of the Department of Natural Resources adopted pursuant to the Act, will be utilized by the Department to accomplish this purpose, as well as to purpose, as well as to increase public participation in the planning of Departmental projects and to provide the General Assembly with additional social, economic, and natural environmental information to assist it in deciding upon legislative appropriations for projects in the annual capital budget.
B. The requirements of the Act are consistent with and, in many respects, covered by the Maryland Action Plan adopted by the Department as COMAR 11.01.06 to document departmental policy for the planning and development of all transportation improvements.
**History**
- *Administrative History: Effective date: October 29, 1975 (2:24 Md. R. 1482)*
- *Administrative History: Regulation .03B amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .04 amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .05A amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .06C amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .07 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Natural Resources Article, §§1-301—1-305, Annotated Code of Maryland*
##### **COMAR 11.01.08.02** Statutory Requirements. {#sec-11.01.08.02 omnilex-key=us-md-regs-official--title-11--11.01.08.02}
A. “Proposed State action” is defined in the Natural Resources Article, §1-301(c) as “requests for legislative appropriations or other legislative actions that will alter the quality of the air, land or water resources. It does not include a request for an appropriation or other action with respect to the rehabilitation or maintenance of existing secondary roads.”
B. The Act requires environmental effects reports only in connection with requests for legislative appropriations or legislative actions which significantly affect the environment, natural as well as socio-economic.
**History**
- *Administrative History: Effective date: October 29, 1975 (2:24 Md. R. 1482)*
- *Administrative History: Regulation .03B amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .04 amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .05A amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .06C amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .07 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Natural Resources Article, §§1-301—1-305, Annotated Code of Maryland*
##### **COMAR 11.01.08.03** Environmental Assessment Form and Environmental Effects Report. {#sec-11.01.08.03 omnilex-key=us-md-regs-official--title-11--11.01.08.03}
A. Environmental Assessment Form (EAF).
(1) An EAF will be completed for each of the proposed actions identified by the Act and described by these guidelines.
(2) The EAF (an example of which appears in Regulation .08A) consists of a list of questions which can be answered “yes”, or “no”, or “comments attached”. The answers to the questions on the environmental assessment form will assist in determining whether or not an environmental effects report will be prepared. An answer of “yes” will generate a presumption in favor of preparation of an environmental effects report. However, this presumption may be overcome by the official preparing the assessment form by checking “comments attached” and explaining why an action in his opinion needs no environmental report even though some of the questions of the EAF are answered affirmatively.
(3) It is anticipated that the use of the EAF early in the decision-making process will promote the objectives of the Act by stimulating consideration by the Department of environmental and socioeconomic effects of the proposed action.
B. Environmental Effects Report (EER). An environmental effects report (EER) will consist of an environmental assessment form (See Regulation .08A) which will be attached to the front of every EER, and the body of the EER report. The amount of detail provided in the report will be commensurate with the extent of the expected impact of the action. In general, the greater the magnitude of impact the more detailed will be the discussion. For a particular action, some sections will be given more attention than others. Sections which are especially relevant to a particular action will be treated extensively. Nevertheless, each section will be given at least summary treatment. The body of every report shall contain the following sections:
(1) Summary of Environmental Effects Report. The summary, the purpose of which is to enable the General Assembly and the public to determine quickly the nature, location, alternatives to, and effects of, any particular agency action, shall:
(a) Identify the administration, agency, board, commission or other unit of the Department issuing the report and responsible official; and
(b) Provide a short summary (1 to 2 pages) of the information contained in the environmental effects report (See Regulation .08B).
(2) Description of the Proposed Action. This shall include a concise statement of the ecological, socioeconomic, and other objectives that the proposed action intends to fulfill; e.g., numerical expression, where appropriate, of the increase in employment opportunities, new office facilities, and increase in per capita income. When appropriate, the objectives will be discussed in the context of “State plans”, “regional demand studies”, or other broad frameworks. It shall also include:
(a) The proposal by name.
(b) The specific location of the proposed action shown on a map.
(c) A description of the extent (i.e., square feet, acres, miles of right-of-ways and other pertinent physical characteristics) of the project. The project description will contain a discussion of development associated with the proposed site and the secondary developments required by the proposed action including the need for utilities, other services, and transportation systems necessary to support the primary development of the site. Public facilities and public investments that might result if the proposed action is taken will be discussed. If the action is a portion of a larger action, then the relationship of the action under consideration to the larger action will be discussed. The historical background and current status of the proposed action in regard to engineering, construction and activation schedule will be summarized. The cost of the action and the proposed method of financing will be identified.
(3) Alternatives to the Proposed Action. This section will include a description of the alternatives considered for meeting the objectives of the proposed action. Alternatives may include:
(a) No action;
(b) Deferring action; or
(c) Other approaches to meeting the main objectives, including:
(i) Other locations for the proposal;
(ii) Other ways to accomplish the objective;
(iii) Different scaling of the development of the proposal (e.g., to provide greater coordination with community development plans and presently existing planned usage patterns);
(iv) Other scheduling or timing of the proposal (e.g., to avoid potential disruptive effect on the local economy, or to assure adequate revenues to finance the proposal).
(4) A comparison of environmental and socioeconomic effects associated with the alternatives will be undertaken. Specific reasons for rejecting each alternative in favor of the present proposal will be stated.
(5) Environmental (Ecological and Socioeconomic) Setting Without the Action. This section will include both the regional and local setting of the project and address applicable considerations in the EAF and the environmental checklist provided in §B(6).
(6) Adverse and Beneficial Environmental Effects.
(a) The Environmental Considerations Checklist. The following list of environmental considerations will guide the development of the “setting without the action” and the adverse and beneficial environmental effects section. These factors, some of which may not be applicable to specific projects, may include, but are limited to:
(i) Hydrology;
(ii) Geology;
(iii) Physiography and geomorphology;
(iv) Climatology;
(v) Soils;
(vi) Biotic consideration--plants and animals;
(vii) Aesthetic considerations;
(viii) Employment pattern considerations:
(ix) Tax revenue considerations;
(x) Impact on retention of current industry;
(xi) Impact on attraction of new industry;
(xii) Impact on attractiveness of area for tourism;
(xiii) Cultural and socioeconomic considerations;
(xiv) Historical considerations;
(xv) Archeological considerations;
(xvi) Land uses;
(xvii) Water uses;
(xviii) Energy and utilities.
(b) Adverse environmental effects include discussion of the reduction, conversion, loss, or other adverse effect on the quality or quantity of applicable environmental considerations.
(c) Beneficial environmental effects address the renewal, conservation, preservation, enhancement, or other beneficial effect on the quality or quantity of the applicable environmental considerations.
(d) Depth of Analysis. The adverse environmental effects section and the beneficial environmental effects section will examine and discuss only those considerations of the environmental considerations checklist that the project or action significantly effects. Several factors may be considered in deciding how extensively a particular natural and socioeconomic environmental considered should be treated:
(i) The magnitude of the project (geographic extent and duration);
(ii) The extent to which the particular environmental consideration will be effected;
(iii) The extent to which alternatives may result in different effects upon the particular consideration; and
(iv) The cost of the action (ecologic and socioeconomic), both short-term and long-term.
(7) Measures Taken to Minimize Adverse Environmental Effects and Maximize Beneficial Environmental Effects.
(a) Whenever appropriate remedial, protective, or mitigating considerations such as monitoring, alternate employment opportunities, alternate sources of lost revenues, maintenance, replacement operations, and follow-up activities which could or will be undertaken as a part of the proposed action will be included.
(b) Also, whenever appropriate, measures which could or will be undertaken to maximize potential beneficial environmental effects will be included.
(c) Any legal requirements for mitigation, the cost of the design and construction of each mitigation measure, alternative mitigation techniques, and the basis for the choice of one mitigation technique over other possible approaches, will be discussed.
(8) Unavoidable Adverse Environmental Effects. This section will include the following:
(a) A statement of the unavoidable detrimental aspects of the proposed action, which identifies the nature, extent, and the cost of the adverse effects;
(b) The objections to adverse effects raised by individuals or groups;
(c) Assessment of the cumulative and long-term effects of the proposed action with particular attention given to aspects of the project that would narrow the range or diversity of the beneficial use of the natural socioeconomic environment or pose long-term risks to health, safety, welfare, or the economic or social betterment of the locality or the State.
(9) Coordination with Other Interested Parties. A description of the coordination and liaison relationship established in developing the proposal and the environmental effects report will be included. This section may include participation of the business community, public and citizen groups, government agencies, and academic institutions.
**History**
- *Administrative History: Effective date: October 29, 1975 (2:24 Md. R. 1482)*
- *Administrative History: Regulation .03B amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .04 amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .05A amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .06C amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .07 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Natural Resources Article, §§1-301—1-305, Annotated Code of Maryland*
##### **COMAR 11.01.08.04** Development of Capital Projects Under EAF and EER. {#sec-11.01.08.04 omnilex-key=us-md-regs-official--title-11--11.01.08.04}
A. Capital Projects.
(1) The activities of the Department involve many areas including:
(a) Planning, design, and construction of rapid transit, highway, airport, port, rail, and bus facilities in the State;
(b) Programs of transportation assistance to local and regional bodies; and
(c) Regulation of transportation operations, mainly through licensing and registration requirements.
(2) An EAF will be prepared early in the decision-making process to assist in determining whether actions related to any of these areas significantly affect the environment. After completion of the EAF, the affected administration of the Department will determine whether an EER will be prepared. The actual writing of the report may not begin until the proposal has some defined scope and general characteristics, but environmental impacts analysis will be an integral part of developing the proposal.
(3) The timing and type of community and public agency involvement in this analysis will be determined on a case-by-case basis in conformance with the policies outlined in the Department's Action Plan, as adopted by COMAR 11.01.06.
B. State System Projects. The Department's capital budget request asks for program rather than specific project appropriations. Therefore, the forms and reports will be related to phases of project development as defined in the part of the Action Plan applicable to the modal administration which develops the project and the consolidated transportation program which supplements the budget request. The form and, when necessary, report will be developed for State projects during the planning phase which is the first phase of the project development. The scope and general characteristics of the project are defined during this phase. The reports will be available to the public and submitted to the State Clearinghouse before the next phase of project development, the final design, in which the detailed specifications of the project are defined. The design phase precedes the time a State project is scheduled for right-of-way acquisition and construction in the Department's consolidated transportation program. Thus, the reports will be on file before the request to fund the budget year of the consolidated transportation program in which the right-of-way or construction phases of the project are scheduled to start.
C. State-Aided Local Projects. Capital budget appropriations for the Department's programs of transportation assistance to local jurisdictions are requested before the time detailed information on specific projects is available. Therefore, an environmental assessment form covering each of these grant programs in a general manner will be prepared and submitted before the request for capital appropriations.
**History**
- *Administrative History: Effective date: October 29, 1975 (2:24 Md. R. 1482)*
- *Administrative History: Regulation .03B amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .04 amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .05A amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .06C amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .07 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Natural Resources Article, §§1-301—1-305, Annotated Code of Maryland*
##### **COMAR 11.01.08.05** Circulation. {#sec-11.01.08.05 omnilex-key=us-md-regs-official--title-11--11.01.08.05}
A major aim of the Maryland Environmental Policy Act is to provide public notice of actions which have environmental effects before legislative action. To that end, the following procedures are established:
A. All environmental assessment forms and environmental effects reports shall be available for inspection by the public at the operating administration within the Department which prepared the reports, and copies will be available from the Department upon written request free of charge to the fullest extent possible.
B. The Department shall file copies with the State Clearinghouse which will prepare a list by title of every environmental effects report or environmental assessment form filed in the preceding month, naming the Department and including a short description of the locale affected and the amount of funds requested. Monthly, the list will be distributed by the State Clearinghouse to:
(1) All members of the State General Assembly;
(2) Selected State agencies;
(3) All newspapers, private citizens, and citizen groups who request the listing and pay a subscription fee.
**History**
- *Administrative History: Effective date: October 29, 1975 (2:24 Md. R. 1482)*
- *Administrative History: Regulation .03B amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .04 amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .05A amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .06C amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .07 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Natural Resources Article, §§1-301—1-305, Annotated Code of Maryland*
##### **COMAR 11.01.08.06** Related Federal Requirements. {#sec-11.01.08.06 omnilex-key=us-md-regs-official--title-11--11.01.08.06}
A. Many programs and projects of the Department use federal funds and are therefore subject to national environmental requirements. Most of these projects, for example, come within the coverage of the National Environmental Policy Act (NEPA), passed by the Congress in 1969 and effective as of January 1, 1970. In many respects, the environmental impact statement and the environmental effects report required under the Maryland Environmental Policy Act (ACT) are similar both in purpose and in content.
B. The federal law and the State law clearly overlap in many respects. The Maryland Department of Transportation feels it would be inefficient to duplicate the effort involved in preparing a separate State environmental effects report on any program or project for which a federal environmental impact statement is also required. Therefore, one report will be developed covering the requirements under both laws.
C. When a program or project of the Maryland Department of Transportation comes under the National Environmental Policy Act and the responsible federal official issues a Finding of No Significant Impact (FONSI) (a statement which says that in his view the proposal does not significantly affect the quality of the human environment nor is it a major federal action and therefore an environmental impact statement is not required), that FONSI will be included with the environmental assessment form, and no environmental effects report will be developed.
**History**
- *Administrative History: Effective date: October 29, 1975 (2:24 Md. R. 1482)*
- *Administrative History: Regulation .03B amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .04 amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .05A amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .06C amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .07 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Natural Resources Article, §§1-301—1-305, Annotated Code of Maryland*
##### **COMAR 11.01.08.07** Unaffected Projects. {#sec-11.01.08.07 omnilex-key=us-md-regs-official--title-11--11.01.08.07}
The following types of capital improvements are not subject to the reporting requirements of these procedures either because they do not significantly affect the environment or because they are not the subject of “proposed State action” that is, there is no specific request for legislative appropriation or other legislative action for the improvements:
A. Installation, modification, or renewal of navigational, traffic control, and safety equipment such as signing, signalization, lighting, fencing, freeway surveillance and control systems, railroad protective devices, roadway grooving, glare screens, safety barriers, and energy attenuators;
B. Interior or exterior renovation of transportation facilities which does not significantly increase capacity;
C. Overlay or resurfacing of existing taxiway, runway, ramp, roadway, and parking lot surfaces;
D. Modernization and improvement of existing highways by resurfacing, reconstruction of roadbeds, widening less than single lane width, adding shoulders, adding auxiliary lanes for localized purposes, correcting substandard curves and intersections, spot improvements, drainage improvements, erosion control, and channelizations;
E. Addition of scenic lands, rest areas, and scenic overlooks without sewage discharge;
F. Junkyard and outdoor advertising control projects;
G. Traffic noise attenuation projects;
H. Reconstruction of grade separations;
I. Approval of utility installations along or across a transportation facility;
J. Construction of bicycle and pedestrian lanes, paths, and facilities;
K. Improvements to existing rest areas and truck weigh stations;
L. Ride-sharing activities;
M. Alterations to facilities or vehicles to make them accessible for elderly and handicapped persons;
N. Bridge redecking, resurfacing, and minor rehabilitation (superstructive only); and
O. Modification, upgrading, repair, or retrofitting of existing stormwater management facilities or the retrofit construction of new facilities when not done in conjunction with another transportation project.
**History**
- *Administrative History: Effective date: October 29, 1975 (2:24 Md. R. 1482)*
- *Administrative History: Regulation .03B amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .04 amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .05A amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .06C amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .07 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Natural Resources Article, §§1-301—1-305, Annotated Code of Maryland*
##### **COMAR 11.01.08.08** Forms. {#sec-11.01.08.08 omnilex-key=us-md-regs-official--title-11--11.01.08.08}
Environmental Assessment Form (EAF)
This form is to assist the reviewers in determining whether a proposed action could cause significant natural and socioeconomic environmental effects and thus require an environmental effects report.
Department _______________________________ Division _________________________
Other ____________________________________________________________________
Project Title _______________________________________________________________
Predicted Dates: Commencement _______________________________________________
Completion _____________________________ Projected Cost _______________________
A. Background Information.
(1) Give a brief description of the proposed action/project(s).
(2) Describe the geographical area(s) which will be affected by the action/project(s); specifically locate the project by using the Maryland coordinate grid system; include distinguishing natural and man-made features and a brief description of the present use of the area(s). Include a suitable location map (sketch map or copy of U.S. Geological Survey Map, etc.).
B. Assessment of Significant Environmental Effects.
(1) The following questions should be answered by placing a check in the appropriate column(s). If desirable, the “comments attached” column can be checked by itself or in combination with an answer of “yes” or “no” to provide additional information or to overcome an affirmative presumption.
(2) In answering the questions, the significant beneficial and adverse, short-term and long-term effects of the proposed action, on site and off site during construction and operation should be considered.
(3) All questions should be answered as if the agency is subject to the same requirements as a private person requesting a license or permit from the State or federal government.
| | Yes | No | Comments Attached |
| --- | --- | --- | --- |
| A. Land Use Considerations. | | | |
| 1. Will the action be within the 100-year flood plain? | ___ | ___ | ______ |
| 2. Will the action require a permit for construction or alteration within the 50 year flood plain? | ___ | ___ | ______ |
| 3. Will the action require a permit for dredging, filling, draining, or alteration of a wetland? | ___ | ___ | ______ |
| 4. Will the action require a permit for the construction or operation of facilities for solid waste disposal including dredge and excavation spoil? | ___ | ___ | ______ |
| 5. Will the action occur on slopes exceeding 15 percent? | ___ | ___ | ______ |
| 6. Will the action require a grading plan or a sediment control permit? | ___ | ___ | ______ |
| 7. Will the action require a mining permit for deep or surface mining? | ___ | ___ | ______ |
| 8. Will the action require a permit for drilling a gas or oil well? | ___ | ___ | ______ |
| 9. Will the action require a permit for airport construction? | ___ | ___ | ______ |
| 10. Will the action require a permit for the crossing of the Potomac River by conduits, cables, or other like devices? | ___ | ___ | ______ |
| 11. Will the action affect the use of a public recreation area, park, forest, wildlife management area, scenic river, or wildland? | ___ | ___ | ______ |
| 12. Will the action affect the use of any natural or man-made features that are unique to the county, State, or nation? | ___ | ___ | ______ |
| 13. Will the action affect the use of an archaeological or historical site or structure? | ___ | ___ | ______ |
| B. Water Use Considerations. | | | |
| 14. Will the action require a permit for the change of the course, current, or cross section of a stream or other body of water? | ___ | ___ | ______ |
| 15. Will the action require the construction alteration, or removal of a dam, reservoir, or waterway obstruction? | ___ | ___ | ______ |
| 16. Will the action change the overland flow of storm water or reduce the absorption capacity of the ground? | ___ | ___ | ______ |
| 17. Will the action require a permit for the drilling of a water well? | ___ | ___ | ______ |
| 18. Will the action require a permit for water appropriation? | ___ | ___ | ______ |
| 19. Will the action require a permit for the construction and operation of facilities treatment or distribution of water? | ___ | ___ | ______ |
| 20. Will the project require a permit for the construction and operation of facilities for sewage treatment or land disposal of liquid waste derivatives? | ___ | ___ | ______ |
| 21. Will the action result in any discharge into surface or subsurface water? | ___ | ___ | ______ |
| 22. If so, will the discharge affect ambient water quality limits or require a discharge permit? | ___ | ___ | ______ |
| C. Air Use Considerations. | | | |
| 23. Will the action result in any discharge into the air? | ___ | ___ | ______ |
| 24. If so, will the discharge affect ambient air quality limits or produce a disagreeable odor? | ___ | ___ | ______ |
| 25. Will the action generate additional noise which differs in character or level from present conditions? | ___ | ___ | ______ |
| 26. Will the action preclude future use of related air space? | ___ | ___ | ______ |
| 27. Will the action generate any radiological, electrical, magnetic, or light influences? | ___ | ___ | ______ |
| D. Plants and Animals. | | | |
| 28. Will the action cause the disturbance, reduction, or loss of any rare, unique, or valuable plant or animal? | ___ | ___ | ______ |
| 29. Will the action result in the significant reduction or loss of any fish or wildlife habitats? | ___ | ___ | ______ |
| 30. Will the action require a permit for the use of pesticides, herbicides, or other biological, chemical, or radiological control agents? | ___ | ___ | ______ |
| E. Socio-Economic. | | | |
| 31. Will the action result in a preemption of division of properties or impair their economic use? | ___ | ___ | ______ |
| 32. Will the action cause relocation of activities or structures, or result in a change in the population density or distribution? | ___ | ___ | ______ |
| 33. Will the action alter land values? | ___ | ___ | ______ |
| 34. Will the action affect traffic flow and volume? | ___ | ___ | ______ |
| 35. Will the action affect the production, extraction, harvest, or potential use of a scarce or economically important resource? | ___ | ___ | ______ |
| 36. Will the action require a license to construct a sawmill or other plant for manufacture of forest products? | ___ | ___ | ______ |
| 37. Is the action in accord with federal, state, regional, and local comprehensive or functional plans—including zoning? | ___ | ___ | ______ |
| 38. Will the action affect the employment opportunities for persons in the area? | ___ | ___ | ______ |
| 39. Will the action affect the ability of the area to attract new sources of tax revenue? | ___ | ___ | ______ |
| 40. Will the action discourage present sources of tax revenue from remaining in the area, or affirmatively encourage them to relocate elsewhere? | ___ | ___ | ______ |
| 41. Will the action affect the ability of the area to attract tourism? | ___ | ___ | ______ |
| F. Other Considerations. | | | |
| 42. Could the action endanger the public health, safety, or welfare? | ___ | ___ | ______ |
| 43. Could the action be eliminated without deleterious effects to the public health, safety, welfare, or the natural environment? | ___ | ___ | ______ |
| 44. Will the action be of Statewide significance? | ___ | ___ | ______ |
| 45. Are there any other plans or actions (federal, State, county, or private) that, in conjunction with the subject action, could result in a cumulative or synergistic impact on the public health, safety, welfare, or environment? | ___ | ___ | ______ |
| 46. Will the action require additional power generation or transmission capacity? | ___ | ___ | ______ |
| G. Conclusion. | | | |
| 47. This Agency will develop a complete Environmental Effects Report on the proposed action. | ___ | ___ | ______ |
C. Summary of Environmental Effects Report. Attached to the front of every environmental effects report should be a one or two page summary in substantially the following form:
Letterhead of issuing agency (or: “This statement has been issued by (name of agency).”)
1. Kind of action: _________________________ request for legislative appropriation, i.e., requests for capital budget items, requests for encumbrances upon special funds or trusts, and bond issues.
___________ Other legislative action, i.e., requests for proposed legislative acts and/or expansion of existing acts or agency authority, or passage of laws which will require legislative appropriation.
2. Official responsible for issuance of this statement (name, address, telephone).
3. Official responsible as a contact for questions in regard to the environmental effects report.
4. Name, location, and brief description of the action.
5. Summary of environmental effects for the following:
| Comments | None | Adverse | Beneficial |
| --- | --- | --- | --- |
| A. Land ______________________________________ | | | |
| ____________________________________________ | _____ | ______ | _______ |
| B. Water _____________________________________ | | | |
| ____________________________________________ | _____ | ______ | _______ |
| C. Air ________________________________________ | | | |
| ____________________________________________ | _____ | ______ | _______ |
| D. Plants _____________________________________ | | | |
| ____________________________________________ | _____ | ______ | _______ |
| E. Animals ___________________________________ | | | |
| ____________________________________________ | _____ | ______ | _______ |
| F. Socio-economic _____________________________ | | | |
| ____________________________________________ | _____ | ______ | _______ |
| G. Other _____________________________________ | | | |
| ____________________________________________ | _____ | ______ | _______ |
6. List of alternatives considered.
7. List all federal, State, and local agencies and other sources from which written comments have been requested.
8. Date statement was sent to Clearinghouse.
**History**
- *Administrative History: Effective date: October 29, 1975 (2:24 Md. R. 1482)*
- *Administrative History: Regulation .03B amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .04 amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .05A amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .06C amended effective November 12, 1990 (17:22 Md. R. 2657)*
- *Administrative History: Regulation .07 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Natural Resources Article, §§1-301—1-305, Annotated Code of Maryland*
##### **COMAR 11.01.09** Contractor's Affirmative Action Plan Review/Approval and Compliance Monitoring Process [Repealed — See COMAR 21.12.04] {#sec-11.01.09 omnilex-key=us-md-regs-official--title-11--11.01.09}
**History**
- *Administrative History: Effective date: March 24, 1978 (5:6 Md. R. 467)*
- *Administrative History: Regulation .01A amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)*
- *Administrative History: The substance of the chapter was transferred to Title 21. See COMAR 21.12.04.*
## **11.01.10** Maryland Minority Business Enterprise/Federal Disadvantaged Business Enterprise Program
##### **COMAR 11.01.10.01** Incorporation by Reference. {#sec-11.01.10.01 omnilex-key=us-md-regs-official--title-11--11.01.10.01}
The Maryland Minority Business Enterprise Program Manual, formerly known as The Maryland Minority Business Enterprise/Federal Disadvantaged Business Enterprise Program (Maryland Department of Transportation, November 1999), as amended February 2009 and July 2014, is incorporated by reference.
**Cross References**
21.11.03.15B(1)
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulation .01 adopted as an emergency provision effective March 31, 1978 (5:8 Md. R. 587); adopted permanently effective August 11, 1978 (5:16 Md. R. 1259)*
- *Administrative History: Regulation .01A amended effective June 29, 1979 (6:13 Md. R. 1129)*
- *Administrative History: Regulation .01B adopted effective December 14, 1979 (6:25 Md. R. 1981)*
- *Administrative History: Regulation .01 amended effective December 12, 1980 (7:25 Md. R. 2337)*
- *Administrative History: Regulation .01 amended as an emergency provision effective May 14, 1981 (8:11 Md. R. 971); emergency status expired September 26, 1981*
- *Administrative History: Regulation .01 amended effective January 18, 1982 (9:1 Md. R. 22)*
- *Administrative History: Regulation .01 amended as an emergency provision effective May 4, 1984 (11:11 Md. R. 960); adopted permanently effective August 13, 1984 (11:16 Md. R. 1392)*
- *Administrative History: Regulation .01 amended as an emergency provision effective June 1, 1985 (12:13 Md. R. 1275); emergency status extended at 12:17 Md. R. 1697; adopted permanently effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .01C adopted as an emergency provision effective November 27, 1985 (12:26 Md. R. 2541); adopted permanently effective March 10, 1986 (13:5 Md. R. 546)*
- *Administrative History: ——————*
- *Administrative History: Regulation .01 repealed and new Regulation .01 adopted effective October 5, 1987 (14:20 Md. R. 2143)*
- *Administrative History: Regulation .01 amended effective October 16, 1989 (16:20 Md. R. 2181); July 6, 1992 (19:13 Md. R. 1203); May 9, 1994 (21:9 Md. R. 751); January 1, 1996 (22:26 Md. R. 2030); March 20, 2000 (27:5 Md. R. 585)*
- *Administrative History: Regulation .01 amended as an emergency provision effective March 13, 2009 (36:8 Md. R. 592); amended permanently effective September 7, 2009 (36:18 Md. R. 1382)*
- *Administrative History: Regulation .01 amended effective April 13, 2015 (42:7 Md. R. 570)*
- *Authority: State Finance and Procurement Article, §§14-301—14-308; Transportation Article, §2-103; Annotated Code of Maryland*
##### **COMAR 11.01.11** Small Business Procurements, Construction Contracts [Repealed — See COMAR 21.11.01] {#sec-11.01.11 omnilex-key=us-md-regs-official--title-11--11.01.11}
**History**
- *Administrative History: Effective date: May 5, 1978 (5:9 Md. R. 684)*
- *Administrative History: (Chapter originally adopted as COMAR 11.01.08 and recodified as COMAR 11.01.11)*
- *Administrative History: Regulation .02B amended effective June 15, 1979 (6:12 Md. R. 1051); September 19, 1980 (7:19 Md. R. 1807)*
- *Administrative History: Regulations .02B, .03A-D, F-I, .04 amended effective October 19, 1979 (6:21 Md. R. 1709)*
- *Administrative History: Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)*
- *Administrative History: The substance of this chapter was transferred to Title 21. See COMAR 21.11.01*
##### **COMAR 11.01.12** Implementation of the “Buy American Steel” Act [Repealed — See COMAR 21.11.02] {#sec-11.01.12 omnilex-key=us-md-regs-official--title-11--11.01.12}
**History**
- *Administrative History: Effective date: January 26, 1979 (6:2 Md. R. 75)*
- *Administrative History: (Chapter originally adopted as COMAR 11.01.13 and recodified as COMAR 11.01.12)*
- *Administrative History: Chapter repealed effective July 1, 1981 (8:13 Md. R. II-5)*
- *Administrative History: The substance of this chapter was transferred to Title 21. See COMAR 21.11.02.*
## **11.01.13** Release of Public Records
##### **COMAR 11.01.13.01** General. {#sec-11.01.13.01 omnilex-key=us-md-regs-official--title-11--11.01.13.01}
These regulations set out the procedures for the filing of requests with the Department of Transportation for the inspection and copying of records under State Government Article, §§10-611—10-628, Annotated Code of Maryland. It is the policy of the Department to facilitate public access to the records of the Department when access is allowed by law by minimizing costs and time delays to persons requesting information.
**History**
- *Administrative History: Effective date: December 26, 1980 (7:26 Md. R. 2422)*
- *Administrative History: Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .02 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulations .02A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .02B amended effective June 5, 1995 (22:11 Md. R. 822); August 7, 2000 (27:15 Md. R. 1401); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04A amended effective September 12, 1983 (10:18 Md. R. 1609); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .04D amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .05 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .05A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .06 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .08 repealed effective February 13, 1984 (11:3 Md. R. 203)*
- *Administrative History: Regulation .10 amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11A, B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11B amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .11B—D amended effective August 6, 1990 (17:15 Md. R. 1861); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .12 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .13 amended effective September 12, 1983 (10:18 Md. R. 1609); September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .13A amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .14 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Authority: State Government Article, §§10-611—10-623, Annotated Code of Maryland*
##### **COMAR 11.01.13.02** Definitions. {#sec-11.01.13.02 omnilex-key=us-md-regs-official--title-11--11.01.13.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Act” means the Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland.
(2) “Applicant” means a person or government unit that asks to inspect a public record.
(3) “Custodian” means an authorized person employed by the Department having physical custody and control of public records of the Department.
(4) “Department” means the Department of Transportation.
(5) “Official custodian” means and includes whomever the Secretary of Transportation shall appoint in the Departmental headquarters elements, the administrations, and the various Departmental boards and commissions (including the Transportation Authority), who are responsible for the maintenance, care, and keeping of public records, regardless of whether these records are in the official custodian's actual personal custody and control.
(6) “Public records” has the meaning stated in State Government Article, §10-611, Annotated Code of Maryland.
(7) “Secretary” means the Secretary of Transportation.
(8) “Sociological information” means:
(a) Social Security number;
(b) Personal address;
(c) Personal phone number;
(d) Personal email address;
(e) Date of birth; and
(f) Driver’s license number.
(9) “Working day” means every day except Saturdays, Sundays, and State holidays.
**History**
- *Administrative History: Effective date: December 26, 1980 (7:26 Md. R. 2422)*
- *Administrative History: Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .02 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulations .02A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .02B amended effective June 5, 1995 (22:11 Md. R. 822); August 7, 2000 (27:15 Md. R. 1401); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04A amended effective September 12, 1983 (10:18 Md. R. 1609); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .04D amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .05 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .05A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .06 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .08 repealed effective February 13, 1984 (11:3 Md. R. 203)*
- *Administrative History: Regulation .10 amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11A, B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11B amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .11B—D amended effective August 6, 1990 (17:15 Md. R. 1861); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .12 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .13 amended effective September 12, 1983 (10:18 Md. R. 1609); September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .13A amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .14 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Authority: State Government Article, §§10-611—10-623, Annotated Code of Maryland*
##### **COMAR 11.01.13.03** Who May Request. {#sec-11.01.13.03 omnilex-key=us-md-regs-official--title-11--11.01.13.03}
Any person may request to inspect or copy any public record that is in the custody and control of the Department.
**History**
- *Administrative History: Effective date: December 26, 1980 (7:26 Md. R. 2422)*
- *Administrative History: Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .02 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulations .02A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .02B amended effective June 5, 1995 (22:11 Md. R. 822); August 7, 2000 (27:15 Md. R. 1401); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04A amended effective September 12, 1983 (10:18 Md. R. 1609); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .04D amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .05 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .05A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .06 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .08 repealed effective February 13, 1984 (11:3 Md. R. 203)*
- *Administrative History: Regulation .10 amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11A, B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11B amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .11B—D amended effective August 6, 1990 (17:15 Md. R. 1861); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .12 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .13 amended effective September 12, 1983 (10:18 Md. R. 1609); September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .13A amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .14 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Authority: State Government Article, §§10-611—10-623, Annotated Code of Maryland*
##### **COMAR 11.01.13.04** Form of Request. {#sec-11.01.13.04 omnilex-key=us-md-regs-official--title-11--11.01.13.04}
A. Inspections.
(1) Except as otherwise provided in this regulation, the custodian shall generally make public records available for inspection by an applicant without demanding a written request.
(2) The custodian shall require a written request if the custodian reasonably believes that the Act or any other law may prevent the disclosure of the record to the applicant or that a written request will materially assist the Department in responding to the request.
(3) The custodian of record shall not disclose sociological information to a requester, except the custodian may permit inspection:
(a) By an individual named in the record;
(b) By the attorney of record of an individual named in the record;
(c) By the insurance company of record of an individual named in the record;
(d) By public employees in performance of their public duties;
(e) When required by a duly issued subpoena;
(f) When the Secretary determines that disclosure is in the public’s best interest; or
(g) When otherwise required by law.
B. Copies. If the applicant is requesting a copy of any public record, the custodian may require a written request by the applicant.
C. If a written request is required, the applicant may use Form D-RM-005, “Request for Public Records”, or submit a request letter. The request letter shall contain the name and address of the applicant and a brief description of the record sought, and shall be signed by the applicant.
D. Applicants may obtain Form D-RM-005 or may request public records by writing, visiting, or calling any Office of the Department of Transportation, or by contacting the appropriate official custodian as listed below:
(1) Deputy Secretary, Maryland Department of Transportation, 7201 Corporate Center Drive, P.O. Box 548, Hanover, Maryland 21076-0548;
(2) Deputy Executive Director, Maryland Port Administration, The World Trade Center, Baltimore, Maryland 21202-3041;
(3) Administrator, Maryland Transit Administration, 6 Saint Paul Street, Baltimore, Maryland 21202-1614;
(4) Administrator, Motor Vehicle Administration, 6601 Ritchie Highway N.E., Glen Burnie, Maryland 21062-0001;
(5) Administrator, Maryland Aviation Administration, P.O. Box 8766, Baltimore Washington International Thurgood Marshall Airport, Maryland 21240-0766;
(6) Administrator, State Highway Administration, 707 North Calvert Street, Baltimore, Maryland 21202-0717;
(7) Executive Director, Maryland Transportation Authority, 2310 Broening Highway, Suite 150, Baltimore, Maryland 21224-6639.
**History**
- *Administrative History: Effective date: December 26, 1980 (7:26 Md. R. 2422)*
- *Administrative History: Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .02 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulations .02A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .02B amended effective June 5, 1995 (22:11 Md. R. 822); August 7, 2000 (27:15 Md. R. 1401); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04A amended effective September 12, 1983 (10:18 Md. R. 1609); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .04D amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .05 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .05A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .06 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .08 repealed effective February 13, 1984 (11:3 Md. R. 203)*
- *Administrative History: Regulation .10 amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11A, B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11B amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .11B—D amended effective August 6, 1990 (17:15 Md. R. 1861); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .12 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .13 amended effective September 12, 1983 (10:18 Md. R. 1609); September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .13A amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .14 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Authority: State Government Article, §§10-611—10-623, Annotated Code of Maryland*
##### **COMAR 11.01.13.05** Filing the Written Request. {#sec-11.01.13.05 omnilex-key=us-md-regs-official--title-11--11.01.13.05}
A. A written request shall be addressed to the custodian of the record. If the custodian of the record is unknown to the applicant, the request may be addressed to the Secretary or to the appropriate official custodian.
B. Official custodians and custodians shall coordinate their responses to all requests for public records received from the media with the appropriate public affairs officer to ensure that these requests are handled in a manner consistent with normal media relations practices.
C. The Motor Vehicle Administration shall develop request procedures in keeping with the spirit of these regulations whereby volume applicants for release of public records need not use Form D-RM-005.
**History**
- *Administrative History: Effective date: December 26, 1980 (7:26 Md. R. 2422)*
- *Administrative History: Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .02 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulations .02A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .02B amended effective June 5, 1995 (22:11 Md. R. 822); August 7, 2000 (27:15 Md. R. 1401); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04A amended effective September 12, 1983 (10:18 Md. R. 1609); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .04D amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .05 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .05A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .06 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .08 repealed effective February 13, 1984 (11:3 Md. R. 203)*
- *Administrative History: Regulation .10 amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11A, B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11B amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .11B—D amended effective August 6, 1990 (17:15 Md. R. 1861); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .12 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .13 amended effective September 12, 1983 (10:18 Md. R. 1609); September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .13A amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .14 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Authority: State Government Article, §§10-611—10-623, Annotated Code of Maryland*
##### **COMAR 11.01.13.06** Response to Request. {#sec-11.01.13.06 omnilex-key=us-md-regs-official--title-11--11.01.13.06}
A. If the custodian decides to grant a written request for inspection, the custodian shall produce the record for inspection immediately or within a reasonable period, not to exceed 30 days from the date of the request, when that period of time is needed to retrieve the information.
B. If the official custodian decides to deny the written request, the official custodian shall do so within 30 days of the written request and, immediately upon deciding to deny the request, notify the applicant of the denial by providing a written statement of the grounds for the denial, including a citation of the law or regulation under which access is denied and all remedies for review of the denial under the Act.
C. Any reasonably severable portion of a record shall be provided to the applicant after deletion of those portions which may be withheld from disclosure.
D. If a requested public record is not in the custody or control of the person to whom written application is made, that person shall, within 10 working days of the receipt of the request, so notify the applicant. If that person knows the name of the custodian of the record or the location or possible location of the record, this information shall also be given to the applicant.
E. With the consent of the applicant, any time limit imposed by §§A, B, and D of this regulation may be extended for an additional period not to exceed 30 days.
**History**
- *Administrative History: Effective date: December 26, 1980 (7:26 Md. R. 2422)*
- *Administrative History: Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .02 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulations .02A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .02B amended effective June 5, 1995 (22:11 Md. R. 822); August 7, 2000 (27:15 Md. R. 1401); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04A amended effective September 12, 1983 (10:18 Md. R. 1609); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .04D amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .05 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .05A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .06 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .08 repealed effective February 13, 1984 (11:3 Md. R. 203)*
- *Administrative History: Regulation .10 amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11A, B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11B amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .11B—D amended effective August 6, 1990 (17:15 Md. R. 1861); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .12 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .13 amended effective September 12, 1983 (10:18 Md. R. 1609); September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .13A amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .14 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Authority: State Government Article, §§10-611—10-623, Annotated Code of Maryland*
##### **COMAR 11.01.13.07** Notification of Persons Who May Be Affected by Disclosure. {#sec-11.01.13.07 omnilex-key=us-md-regs-official--title-11--11.01.13.07}
Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure of a record to the applicant that a request for inspection or copying of the record has been made. The custodian may consider the views of this person before deciding whether to disclose the record to the applicant.
**History**
- *Administrative History: Effective date: December 26, 1980 (7:26 Md. R. 2422)*
- *Administrative History: Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .02 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulations .02A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .02B amended effective June 5, 1995 (22:11 Md. R. 822); August 7, 2000 (27:15 Md. R. 1401); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04A amended effective September 12, 1983 (10:18 Md. R. 1609); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .04D amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .05 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .05A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .06 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .08 repealed effective February 13, 1984 (11:3 Md. R. 203)*
- *Administrative History: Regulation .10 amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11A, B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11B amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .11B—D amended effective August 6, 1990 (17:15 Md. R. 1861); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .12 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .13 amended effective September 12, 1983 (10:18 Md. R. 1609); September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .13A amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .14 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Authority: State Government Article, §§10-611—10-623, Annotated Code of Maryland*
##### **COMAR 11.01.13.08** Repealed. {#sec-11.01.13.08 omnilex-key=us-md-regs-official--title-11--11.01.13.08}
**History**
- *Administrative History: Effective date: December 26, 1980 (7:26 Md. R. 2422)*
- *Administrative History: Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .02 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulations .02A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .02B amended effective June 5, 1995 (22:11 Md. R. 822); August 7, 2000 (27:15 Md. R. 1401); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04A amended effective September 12, 1983 (10:18 Md. R. 1609); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .04D amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .05 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .05A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .06 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .08 repealed effective February 13, 1984 (11:3 Md. R. 203)*
- *Administrative History: Regulation .10 amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11A, B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11B amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .11B—D amended effective August 6, 1990 (17:15 Md. R. 1861); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .12 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .13 amended effective September 12, 1983 (10:18 Md. R. 1609); September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .13A amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .14 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Authority: State Government Article, §§10-611—10-623, Annotated Code of Maryland*
##### **COMAR 11.01.13.09** Records Temporarily Unavailable. {#sec-11.01.13.09 omnilex-key=us-md-regs-official--title-11--11.01.13.09}
If the public record requested is in the custody and control of the person to whom written application is made, but is not immediately available for inspection or copying, the custodian shall notify the applicant of this fact within 10 working days of the receipt of the request and shall set a date and hour within a reasonable time at which date and time the custodian shall make the record available to the applicant for inspection or copying.
**History**
- *Administrative History: Effective date: December 26, 1980 (7:26 Md. R. 2422)*
- *Administrative History: Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .02 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulations .02A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .02B amended effective June 5, 1995 (22:11 Md. R. 822); August 7, 2000 (27:15 Md. R. 1401); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04A amended effective September 12, 1983 (10:18 Md. R. 1609); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .04D amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .05 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .05A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .06 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .08 repealed effective February 13, 1984 (11:3 Md. R. 203)*
- *Administrative History: Regulation .10 amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11A, B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11B amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .11B—D amended effective August 6, 1990 (17:15 Md. R. 1861); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .12 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .13 amended effective September 12, 1983 (10:18 Md. R. 1609); September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .13A amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .14 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Authority: State Government Article, §§10-611—10-623, Annotated Code of Maryland*
##### **COMAR 11.01.13.10** Records Destroyed or Lost. {#sec-11.01.13.10 omnilex-key=us-md-regs-official--title-11--11.01.13.10}
If the requested record has been destroyed or lost, the custodian to whom the application is made shall notify the applicant of this fact within 10 working days of the request and shall explain in the response the reasons or circumstances why the record cannot be produced.
**History**
- *Administrative History: Effective date: December 26, 1980 (7:26 Md. R. 2422)*
- *Administrative History: Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .02 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulations .02A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .02B amended effective June 5, 1995 (22:11 Md. R. 822); August 7, 2000 (27:15 Md. R. 1401); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04A amended effective September 12, 1983 (10:18 Md. R. 1609); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .04D amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .05 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .05A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .06 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .08 repealed effective February 13, 1984 (11:3 Md. R. 203)*
- *Administrative History: Regulation .10 amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11A, B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11B amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .11B—D amended effective August 6, 1990 (17:15 Md. R. 1861); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .12 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .13 amended effective September 12, 1983 (10:18 Md. R. 1609); September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .13A amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .14 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Authority: State Government Article, §§10-611—10-623, Annotated Code of Maryland*
##### **COMAR 11.01.13.11** Review of the Denial. {#sec-11.01.13.11 omnilex-key=us-md-regs-official--title-11--11.01.13.11}
A. If the written request is denied by the official custodian for a reason other than that the record is temporarily unavailable, the applicant may request an administrative hearing on the denial within 30 days after receipt of the notification of the written denial.
B. If a hearing is requested by the applicant, the hearing shall be conducted by the Office of Administrative Hearings pursuant to a delegation from the Secretary and the hearing shall be governed by State Government Article, §§10-205—10-225, Annotated Code of Maryland and the regulations promulgated thereunder. After the hearing, the administrative law judge shall prepare proposed findings of fact, proposed conclusions of law, and a proposed order. The Secretary or the Secretary's designee shall issue the final decision of the Department.
C. If the administrative hearing finding confirms total or partial denial of the written request, the applicant may then seek judicial review pursuant to State Government Article, §10-222, Annotated Code of Maryland.
D. If the applicant chooses not to request a hearing under §A of this regulation, the applicant alternatively may file an action for judicial review under State Government Article, §10-623, Annotated Code of Maryland, without exhausting that administrative remedy.
**History**
- *Administrative History: Effective date: December 26, 1980 (7:26 Md. R. 2422)*
- *Administrative History: Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .02 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulations .02A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .02B amended effective June 5, 1995 (22:11 Md. R. 822); August 7, 2000 (27:15 Md. R. 1401); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04A amended effective September 12, 1983 (10:18 Md. R. 1609); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .04D amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .05 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .05A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .06 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .08 repealed effective February 13, 1984 (11:3 Md. R. 203)*
- *Administrative History: Regulation .10 amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11A, B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11B amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .11B—D amended effective August 6, 1990 (17:15 Md. R. 1861); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .12 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .13 amended effective September 12, 1983 (10:18 Md. R. 1609); September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .13A amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .14 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Authority: State Government Article, §§10-611—10-623, Annotated Code of Maryland*
##### **COMAR 11.01.13.12** Disclosure Against Public Interest. {#sec-11.01.13.12 omnilex-key=us-md-regs-official--title-11--11.01.13.12}
If, in the opinion of the official custodian, disclosure of any public record which is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the official custodian may temporarily deny the request in writing. In these cases, the official custodian shall apply within 10 working days of the denial to the appropriate circuit court for an order permitting the official custodian to continue to deny or restrict the disclosure. Notice of the application filed with the circuit court shall be served upon the applicant by the official custodian in the same manner provided for service of process by the Maryland Rules of Procedure.
**History**
- *Administrative History: Effective date: December 26, 1980 (7:26 Md. R. 2422)*
- *Administrative History: Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .02 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulations .02A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .02B amended effective June 5, 1995 (22:11 Md. R. 822); August 7, 2000 (27:15 Md. R. 1401); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04A amended effective September 12, 1983 (10:18 Md. R. 1609); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .04D amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .05 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .05A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .06 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .08 repealed effective February 13, 1984 (11:3 Md. R. 203)*
- *Administrative History: Regulation .10 amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11A, B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11B amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .11B—D amended effective August 6, 1990 (17:15 Md. R. 1861); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .12 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .13 amended effective September 12, 1983 (10:18 Md. R. 1609); September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .13A amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .14 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Authority: State Government Article, §§10-611—10-623, Annotated Code of Maryland*
##### **COMAR 11.01.13.13** Fees. {#sec-11.01.13.13 omnilex-key=us-md-regs-official--title-11--11.01.13.13}
A. The fee schedule for reproducing public records of the Department is as follows:
(1) Photocopies. The charge for each copy is 25 cents per page when reproduction can be made by a photocopying machine within the Department. However, when records are not susceptible to photocopying, for example, punch cards, magnetic tapes, blueprints, and microfilm, the charge for reproducing the record will be determined on a case-by-case basis at actual cost.
(2) Printed Material. The charges for printed documents shall be actual cost of the item, if known. If actual cost is not known, the charge shall be 5 cents per page.
(3) Printouts. If the Department is required to provide a printout, the charge for the printout shall be determined on a case-by-case basis, taking into account computer and peripheral equipment usage, programming, and material costs.
(4) Certification of Copies. When a person requests that a copy of a record be certified as a true copy, an additional fee of 15 cents per page or, if appropriate, $1 per item, shall be charged.
(5) Search Fees.
(a) Except as provided in §A(5)(b) of this regulation, the official custodian may charge reasonable fees for the search and preparation of records for inspection and copying.
(b) The official custodian may not charge any search or preparation fees for the first 2 hours of official or employee time that is needed to respond to a request for information.
(6) If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the cost of postage or delivery to the applicant.
(7) Upon request, the official custodian may waive or reduce any fee charged pursuant to this regulation if the official custodian determines that the waiver or reduction is in the public interest. The official custodian shall consider, among other relevant factors, the ability of the applicant to pay the cost or fee. A charge need not be made if the total amount of the fee is $1 or less.
B. If the fees for copies, printouts, photographs, or certified copies of any record are specifically prescribed by a law other than the Act, the specific fee contained in that law shall determine the amount charged for that record.
C. If the custodian is unable to copy a record within the Department, he shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Department. The custodian shall either collect from the applicant a fee to cover the actual cost of reproduction or direct the applicant to pay the cost of reproduction directly to the facility making the copy.
D. Before reproducing a record, the custodian shall estimate the cost of reproduction and obtain agreement of the applicant that the cost shall be paid. The custodian may demand prepayment of any estimated fee before reproducing the record.
E. Items which are promotional in nature or which are routinely distributed to the public, and items which are required to be furnished to the public, other than by the provisions of the Public Information Act, may be given free of charge.
F. The Motor Vehicle Administration shall develop cost procedures in keeping with the spirit of these regulations whereby payment for volume requests for public records may be made on a periodic basis.
**History**
- *Administrative History: Effective date: December 26, 1980 (7:26 Md. R. 2422)*
- *Administrative History: Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .02 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulations .02A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .02B amended effective June 5, 1995 (22:11 Md. R. 822); August 7, 2000 (27:15 Md. R. 1401); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04A amended effective September 12, 1983 (10:18 Md. R. 1609); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .04D amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .05 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .05A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .06 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .08 repealed effective February 13, 1984 (11:3 Md. R. 203)*
- *Administrative History: Regulation .10 amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11A, B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11B amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .11B—D amended effective August 6, 1990 (17:15 Md. R. 1861); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .12 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .13 amended effective September 12, 1983 (10:18 Md. R. 1609); September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .13A amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .14 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Authority: State Government Article, §§10-611—10-623, Annotated Code of Maryland*
##### **COMAR 11.01.13.14** Time of Inspection. {#sec-11.01.13.14 omnilex-key=us-md-regs-official--title-11--11.01.13.14}
An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Department.
**History**
- *Administrative History: Effective date: December 26, 1980 (7:26 Md. R. 2422)*
- *Administrative History: Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .02 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulations .02A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .02B amended effective June 5, 1995 (22:11 Md. R. 822); August 7, 2000 (27:15 Md. R. 1401); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04A amended effective September 12, 1983 (10:18 Md. R. 1609); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .04D amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .05 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .05A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .06 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .08 repealed effective February 13, 1984 (11:3 Md. R. 203)*
- *Administrative History: Regulation .10 amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11A, B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11B amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .11B—D amended effective August 6, 1990 (17:15 Md. R. 1861); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .12 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .13 amended effective September 12, 1983 (10:18 Md. R. 1609); September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .13A amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .14 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Authority: State Government Article, §§10-611—10-623, Annotated Code of Maryland*
##### **COMAR 11.01.13.15** Place of Inspection. {#sec-11.01.13.15 omnilex-key=us-md-regs-official--title-11--11.01.13.15}
The place of inspection shall be the place where the document is located unless the custodian determines that another place of inspection is more suitable and convenient after taking into account the applicant's expressed wish.
**History**
- *Administrative History: Effective date: December 26, 1980 (7:26 Md. R. 2422)*
- *Administrative History: Regulation .01 amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .02 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulations .02A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .02B amended effective June 5, 1995 (22:11 Md. R. 822); August 7, 2000 (27:15 Md. R. 1401); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04A amended effective September 12, 1983 (10:18 Md. R. 1609); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .04B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .04D amended effective September 12, 1983 (10:18 Md. R. 1609); August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699); October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .05 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .05A amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .06 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .08 repealed effective February 13, 1984 (11:3 Md. R. 203)*
- *Administrative History: Regulation .10 amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11A, B amended effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .11B amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .11B—D amended effective August 6, 1990 (17:15 Md. R. 1861); June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .12 amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .13 amended effective September 12, 1983 (10:18 Md. R. 1609); September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .13A amended effective June 5, 1995 (22:11 Md. R. 822)*
- *Administrative History: Regulation .14 amended effective September 12, 1983 (10:18 Md. R. 1609); June 5, 1995 (22:11 Md. R. 822)*
- *Authority: State Government Article, §§10-611—10-623, Annotated Code of Maryland*
## **11.01.14** Procedure for Hearings in Contested Cases
##### **COMAR 11.01.14.01** Scope. {#sec-11.01.14.01 omnilex-key=us-md-regs-official--title-11--11.01.14.01}
This chapter contains procedures for administrative hearings in contested cases. These procedures are required by the Maryland Administrative Procedure Act, State Government Article, Title 10, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: September 5, 1980 (7:18 Md. R. 1740)*
- *Administrative History: Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .02 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03C amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04A amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04B amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .06C repealed effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07A, C amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07D amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .10 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11B, D amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .12B amended effective August 6, 1990 (17:15 Md. R. 1861); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .13 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103(b); State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.14.02** Applicability. {#sec-11.01.14.02 omnilex-key=us-md-regs-official--title-11--11.01.14.02}
A. These procedures apply to all contested cases within the Department except hearings conducted by the Motor Vehicle Administration under the procedures set forth in the Maryland Vehicle Law and hearings governed by special regulations or otherwise exempted by law from coverage.
B. These procedures do not apply to contested cases delegated to the Office of Administrative Hearings for the contested case hearing, except that the requirements of Regulations .11B and .12 of this chapter shall apply where final decision-making authority has not been delegated to the Office of Administrative Hearings.
**History**
- *Administrative History: Effective date: September 5, 1980 (7:18 Md. R. 1740)*
- *Administrative History: Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .02 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03C amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04A amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04B amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .06C repealed effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07A, C amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07D amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .10 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11B, D amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .12B amended effective August 6, 1990 (17:15 Md. R. 1861); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .13 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103(b); State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.14.03** Definitions. {#sec-11.01.14.03 omnilex-key=us-md-regs-official--title-11--11.01.14.03}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Contested case” means a proceeding so defined under the Maryland Administrative Procedure Act.
(2) “Decision maker” means the person or persons with authority to decide a contested case.
(3) “Department” means the Maryland Department of Transportation or any of its units.
(4) “Party” means one whose legal rights, duties, statutory entitlements, or privileges will be affected by the outcome of a contested case.
(5) “Presiding officer” means the individual or individuals authorized to conduct a contested case hearing.
**History**
- *Administrative History: Effective date: September 5, 1980 (7:18 Md. R. 1740)*
- *Administrative History: Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .02 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03C amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04A amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04B amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .06C repealed effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07A, C amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07D amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .10 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11B, D amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .12B amended effective August 6, 1990 (17:15 Md. R. 1861); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .13 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103(b); State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.14.04** Notice. {#sec-11.01.14.04 omnilex-key=us-md-regs-official--title-11--11.01.14.04}
A. In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.
B. The hearing notice shall contain:
(1) The date, time, place, and nature of the hearing;
(2) A statement of the right to present witnesses and documents, or other evidence, and the right to cross-examine any witness that another party or the agency calls under State Government Article, §10-213(f), Annotated Code of Maryland, if applicable;
(3) If applicable, a statement of the right to request subpoenas for witnesses and evidence, and specifying the costs, if any, associated with the request;
(4) A statement that a copy of the hearing procedures is available on request, and specifying the costs, if any, associated with the request;
(5) A statement of any right or restrictions pertaining to representation;
(6) A statement that failure to appear for the scheduled hearing may result in an adverse action against that party; and
(7) A statement that, unless otherwise prohibited by law, the parties may agree to the evidence and may waive their right to appear at the hearing.
**History**
- *Administrative History: Effective date: September 5, 1980 (7:18 Md. R. 1740)*
- *Administrative History: Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .02 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03C amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04A amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04B amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .06C repealed effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07A, C amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07D amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .10 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11B, D amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .12B amended effective August 6, 1990 (17:15 Md. R. 1861); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .13 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103(b); State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.14.05** Hearing Officer. {#sec-11.01.14.05 omnilex-key=us-md-regs-official--title-11--11.01.14.05}
A. If approved in writing by the Chief Administrative Law Judge, the decision maker may designate a presiding officer who shall conduct the hearing and make written findings of fact and proposed conclusions of law.
B. The decision maker may also be the presiding officer.
**History**
- *Administrative History: Effective date: September 5, 1980 (7:18 Md. R. 1740)*
- *Administrative History: Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .02 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03C amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04A amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04B amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .06C repealed effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07A, C amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07D amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .10 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11B, D amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .12B amended effective August 6, 1990 (17:15 Md. R. 1861); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .13 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103(b); State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.14.06** Representation. {#sec-11.01.14.06 omnilex-key=us-md-regs-official--title-11--11.01.14.06}
A. A party may appear in proper person or be represented by counsel.
B. A corporation may be represented by an officer, agent, or attorney.
**History**
- *Administrative History: Effective date: September 5, 1980 (7:18 Md. R. 1740)*
- *Administrative History: Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .02 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03C amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04A amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04B amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .06C repealed effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07A, C amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07D amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .10 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11B, D amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .12B amended effective August 6, 1990 (17:15 Md. R. 1861); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .13 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103(b); State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.14.07** Evidence. {#sec-11.01.14.07 omnilex-key=us-md-regs-official--title-11--11.01.14.07}
A. Evidence that possesses probative value commonly accepted by reasonable and prudent individuals in the conduct of the individuals' affairs may be admitted at a hearing.
B. Incompetent, irrelevant, immaterial, and unduly repetitious evidence may be excluded.
C. The presiding officer is not bound by technical rules of evidence.
D. Written statements may be submitted by parties before and at the hearing and for such period of time that the presiding officer may designate the record to remain open after the hearing.
**History**
- *Administrative History: Effective date: September 5, 1980 (7:18 Md. R. 1740)*
- *Administrative History: Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .02 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03C amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04A amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04B amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .06C repealed effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07A, C amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07D amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .10 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11B, D amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .12B amended effective August 6, 1990 (17:15 Md. R. 1861); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .13 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103(b); State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.14.08** Witnesses. {#sec-11.01.14.08 omnilex-key=us-md-regs-official--title-11--11.01.14.08}
A. A party may call witnesses and cross-examine opposing witnesses.
B. Witnesses and parties acting as witnesses shall be sworn or put upon affirmation to tell the truth.
**History**
- *Administrative History: Effective date: September 5, 1980 (7:18 Md. R. 1740)*
- *Administrative History: Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .02 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03C amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04A amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04B amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .06C repealed effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07A, C amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07D amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .10 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11B, D amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .12B amended effective August 6, 1990 (17:15 Md. R. 1861); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .13 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103(b); State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.14.09** Hearing. {#sec-11.01.14.09 omnilex-key=us-md-regs-official--title-11--11.01.14.09}
A. The hearing shall be open to the public, unless otherwise provided by law.
B. Upon written notice 7 days in advance of a hearing and upon payment of costs, a party may request that a hearing be transcribed.
**History**
- *Administrative History: Effective date: September 5, 1980 (7:18 Md. R. 1740)*
- *Administrative History: Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .02 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03C amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04A amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04B amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .06C repealed effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07A, C amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07D amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .10 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11B, D amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .12B amended effective August 6, 1990 (17:15 Md. R. 1861); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .13 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103(b); State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.14.10** Ex Parte Communications. {#sec-11.01.14.10 omnilex-key=us-md-regs-official--title-11--11.01.14.10}
A. Individuals, other than advisory staff or agency counsel who do not participate in the contested case hearing, may not communicate ex parte with the presiding officer or decision maker.
B. Ex parte communications received in violation of §A of this regulation shall be placed in the record and disclosed to all parties who shall then have 10 days after notice of the communication within which to rebut them.
**History**
- *Administrative History: Effective date: September 5, 1980 (7:18 Md. R. 1740)*
- *Administrative History: Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .02 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03C amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04A amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04B amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .06C repealed effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07A, C amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07D amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .10 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11B, D amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .12B amended effective August 6, 1990 (17:15 Md. R. 1861); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .13 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103(b); State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.14.11** Decision. {#sec-11.01.14.11 omnilex-key=us-md-regs-official--title-11--11.01.14.11}
A. The decision maker may adopt, modify, or rewrite a presiding officer's findings of fact and proposed conclusions of law.
B. If a decision maker, or a majority of them, has not heard the evidence, a proposed decision, including findings of fact and conclusions of law, shall be mailed to all parties. Parties adversely affected by the decision shall be afforded the opportunity, within 15 days after receipt of it, to file exceptions and present argument to the decision maker or the majority of them.
C. The final decision shall identify any changes, modifications, or amendments to the proposed decision and the reasons for the changes, modifications, or amendments.
D. Copies of the final decision and findings of fact and conclusions of law shall be delivered or mailed promptly to all parties or their attorneys.
E. Instead of a decision, a contested case may be disposed of by stipulation, settlement, consent order, default, withdrawal, summary disposition, or dismissal.
**History**
- *Administrative History: Effective date: September 5, 1980 (7:18 Md. R. 1740)*
- *Administrative History: Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .02 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03C amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04A amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04B amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .06C repealed effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07A, C amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07D amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .10 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11B, D amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .12B amended effective August 6, 1990 (17:15 Md. R. 1861); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .13 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103(b); State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.14.12** Appeal. {#sec-11.01.14.12 omnilex-key=us-md-regs-official--title-11--11.01.14.12}
A. Upon issuance of a final decision, an aggrieved party may proceed to exhaust any remaining administrative remedies or seek judicial review in accordance with applicable law.
B. The record, for purposes of appeal, in a contested case shall include:
(1) Motions and pleadings;
(2) Documentary evidence;
(3) Statements of each fact of which the presiding officer or decision maker has taken official notice;
(4) Transcripts;
(5) Staff memoranda, unless privileged;
(6) Findings of fact or conclusions of law proposed by a party or presiding officer;
(7) Exceptions to findings or conclusions proposed by a presiding officer;
(8) Intermediate proposals and final decisions; and
(9) Any other writing germane to the case and not otherwise privileged.
C. Upon notice of appeal the record shall be transmitted promptly to the appropriate appellate tribunal but in any event within the time period prescribed in the Maryland Rules of Procedure governing appeals from administrative agencies.
**History**
- *Administrative History: Effective date: September 5, 1980 (7:18 Md. R. 1740)*
- *Administrative History: Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .02 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03C amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04A amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04B amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .06C repealed effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07A, C amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07D amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .10 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11B, D amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .12B amended effective August 6, 1990 (17:15 Md. R. 1861); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .13 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103(b); State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.14.13** Time Periods. {#sec-11.01.14.13 omnilex-key=us-md-regs-official--title-11--11.01.14.13}
For good cause the presiding officer or decision maker may extend or waive time periods provided in these regulations.
**History**
- *Administrative History: Effective date: September 5, 1980 (7:18 Md. R. 1740)*
- *Administrative History: Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .02 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03C amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04A amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04B amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .06C repealed effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07A, C amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07D amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .10 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11B, D amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .12B amended effective August 6, 1990 (17:15 Md. R. 1861); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .13 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103(b); State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.14.14** Interpretation. {#sec-11.01.14.14 omnilex-key=us-md-regs-official--title-11--11.01.14.14}
These regulations are meant to complement the Maryland Administrative Procedure Act. In the event of conflict the Act takes precedence over them.
**History**
- *Administrative History: Effective date: September 5, 1980 (7:18 Md. R. 1740)*
- *Administrative History: Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .02 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .03C amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04A amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .04B amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .06C repealed effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07A, C amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .07D amended effective August 7, 2000 (27:15 Md. R. 1401)*
- *Administrative History: Regulation .10 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .11B, D amended effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .12B amended effective August 6, 1990 (17:15 Md. R. 1861); August 28, 1995 (22:17 Md. R. 1319)*
- *Administrative History: Regulation .13 amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: Transportation Article, §2-103(b); State Government Article, §10-206; Annotated Code of Maryland*
## **11.01.15** Correction or Amendment of Personal Records
##### **COMAR 11.01.15.01** General. {#sec-11.01.15.01 omnilex-key=us-md-regs-official--title-11--11.01.15.01}
These regulations set out procedures within the Department of Transportation for persons in interest to request the correction or amendment of personal records under State Government Article, §10-625, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: July 16, 1984 (11:14 Md. R. 1250)*
- *Administrative History: Regulation .05 amended effective August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699)*
- *Administrative History: Regulation .05G amended effective October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .10A amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: State Government Article, §10-625, Annotated Code of Maryland*
##### **COMAR 11.01.15.02** Definitions. {#sec-11.01.15.02 omnilex-key=us-md-regs-official--title-11--11.01.15.02}
A. “Custodian” means an authorized person employed by the Department having personal custody and control of public records of the Department.
B. “Official custodian” means and includes whomever the Secretary of Transportation shall appoint in the Departmental Headquarters elements, the Administrations, and the various Departmental Boards and Commissions (including the Transportation Authority), who are responsible for the maintenance, care, and keeping of public records, regardless of whether these records are in the official custodian's personal custody and control.
C. “Person in interest” means and includes the person who is the subject of a record or any representative designated by that person, except that if the subject of the record is under legal disability, the term “person in interest” shall mean and include the parent or duly appointed legal representative.
D. “Personal records” means and includes any public record that contains information pertaining to a natural person whose identity can be ascertained from the public record with reasonable certainty either by name, address, number, description, finger or voice print, picture, or any other identifying factor or factors.
E. “Third party” means any natural person, corporation, partnership, firm, association or governmental agency who is not a “person in interest.”
**History**
- *Administrative History: Effective date: July 16, 1984 (11:14 Md. R. 1250)*
- *Administrative History: Regulation .05 amended effective August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699)*
- *Administrative History: Regulation .05G amended effective October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .10A amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: State Government Article, §10-625, Annotated Code of Maryland*
##### **COMAR 11.01.15.03** Who May Request. {#sec-11.01.15.03 omnilex-key=us-md-regs-official--title-11--11.01.15.03}
A person in interest who has the right to inspect records pursuant to State Government Article, §§10-612—10-619, Annotated Code of Maryland, may request the Department to correct or amend any personal records pursuant to State Government Article, §10-625, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: July 16, 1984 (11:14 Md. R. 1250)*
- *Administrative History: Regulation .05 amended effective August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699)*
- *Administrative History: Regulation .05G amended effective October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .10A amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: State Government Article, §10-625, Annotated Code of Maryland*
##### **COMAR 11.01.15.04** Contents of Request. {#sec-11.01.15.04 omnilex-key=us-md-regs-official--title-11--11.01.15.04}
The person in interest shall request the correction or amendment in writing. Each request shall:
A. Identify the personal records the person is seeking to correct or amend;
B. State the precise correction or amendment requested;
C. State the reason the correction or amendment is sought; and
D. Include the statement that the personal records are to the person's belief currently inaccurate or incomplete.
**History**
- *Administrative History: Effective date: July 16, 1984 (11:14 Md. R. 1250)*
- *Administrative History: Regulation .05 amended effective August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699)*
- *Administrative History: Regulation .05G amended effective October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .10A amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: State Government Article, §10-625, Annotated Code of Maryland*
##### **COMAR 11.01.15.05** Filing the Request. {#sec-11.01.15.05 omnilex-key=us-md-regs-official--title-11--11.01.15.05}
A request for correction or amendment of the records shall be filed with the Department by addressing it to the custodian of the record. If the custodian is unknown to the person in interest, the request may be addressed to the appropriate official custodian as listed below:
A. Deputy Secretary, Maryland Department of Transportation, 7201 Corporate Center Drive, P.O. Box 548, Hanover, Maryland 21076-0548;
B. Deputy Executive Director, Maryland Port Administration, The World Trade Center, Baltimore, Maryland 21202-3041;
C. Administrator, Maryland Transit Administration, 6 Saint Paul Street, Baltimore, Maryland 21202-1614;
D. Administrator, Motor Vehicle Administration, 6601 Ritchie Highway N.E., Glen Burnie, Maryland 21062-0001;
E. Administrator, Maryland Aviation Administration, P.O. Box 8766, Baltimore Washington International Thurgood Marshall Airport, Maryland 21240-0766;
F. Administrator, State Highway Administration, 707 North Calvert Street, Baltimore, Maryland 21203-0717;
G. Executive Director, Maryland Transportation Authority, 2310 Broening Highway, Suite 150, Baltimore, Maryland 21224-6639.
**History**
- *Administrative History: Effective date: July 16, 1984 (11:14 Md. R. 1250)*
- *Administrative History: Regulation .05 amended effective August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699)*
- *Administrative History: Regulation .05G amended effective October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .10A amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: State Government Article, §10-625, Annotated Code of Maryland*
##### **COMAR 11.01.15.06** Return of Request. {#sec-11.01.15.06 omnilex-key=us-md-regs-official--title-11--11.01.15.06}
A request for correction or amendment will be considered filed with the Department when received only to the extent that it reasonably complies with Regulation .04. If a request does not reasonably comply with Regulation .04, it shall be returned to the person with an explanation of the reason for the return and a statement that, upon proper completion, it may be refiled with the Department.
**History**
- *Administrative History: Effective date: July 16, 1984 (11:14 Md. R. 1250)*
- *Administrative History: Regulation .05 amended effective August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699)*
- *Administrative History: Regulation .05G amended effective October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .10A amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: State Government Article, §10-625, Annotated Code of Maryland*
##### **COMAR 11.01.15.07** Response to Request. {#sec-11.01.15.07 omnilex-key=us-md-regs-official--title-11--11.01.15.07}
Within 30 days after the completed request for correction or amendment that complies with Regulations .04 and .05 of this chapter is received, the custodian of the record shall:
A. Make the requested correction or amendment and inform the person in writing of the action; or
B. Inform the person in writing of the:
(1) Department's refusal to make the requested correction or amendment; and
(2) Reason for the refusal; or
C. Inform the person in writing that the request will not be acted on because:
(1) The person is not a “person in interest”;
(2) The records sought to be corrected or amended are not “personal records”;
(3) The person requesting the correction or amendment is not entitled to inspect the records under State Government Article, §§10-612—10-619, Annotated Code of Maryland; or
(4) Of any other reason that is authorized by law.
**History**
- *Administrative History: Effective date: July 16, 1984 (11:14 Md. R. 1250)*
- *Administrative History: Regulation .05 amended effective August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699)*
- *Administrative History: Regulation .05G amended effective October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .10A amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: State Government Article, §10-625, Annotated Code of Maryland*
##### **COMAR 11.01.15.08** Refusal of Request. {#sec-11.01.15.08 omnilex-key=us-md-regs-official--title-11--11.01.15.08}
If the Department's final determination under Regulation .07 is to refuse the requested correction or amendment, as authorized by Regulation .07B, the person in interest may file with the Department a concise statement, not to exceed five 8-1/2 x 11 inch pages, of the reasons for:
A. The requested correction or amendment; and
B. Disagreement with the Department's refusal to make the correction or amendment.
**Cross References**
11.01.15.09
**History**
- *Administrative History: Effective date: July 16, 1984 (11:14 Md. R. 1250)*
- *Administrative History: Regulation .05 amended effective August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699)*
- *Administrative History: Regulation .05G amended effective October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .10A amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: State Government Article, §10-625, Annotated Code of Maryland*
##### **COMAR 11.01.15.09** Information Provided to Third Parties. {#sec-11.01.15.09 omnilex-key=us-md-regs-official--title-11--11.01.15.09}
When the Department discloses to a third party information from personal records about which a statement in compliance with Regulation .08 of this chapter has been filed, the Department shall furnish a copy of the statement to the third party.
**Cross References**
11.01.15.10A(3)
**History**
- *Administrative History: Effective date: July 16, 1984 (11:14 Md. R. 1250)*
- *Administrative History: Regulation .05 amended effective August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699)*
- *Administrative History: Regulation .05G amended effective October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .10A amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: State Government Article, §10-625, Annotated Code of Maryland*
##### **COMAR 11.01.15.10** Administrative Review. {#sec-11.01.15.10 omnilex-key=us-md-regs-official--title-11--11.01.15.10}
A. A person in interest may request an administrative review within the Department, by filing a request for review with the Secretary or the Secretary's designee, if the person in interest has been denied:
(1) An amendment or correction of a record;
(2) The right to file a statement; or
(3) The right to have a statement to a third party forwarded pursuant to Regulation .09 of this chapter.
B. A request for review shall be filed within 30 days of the date the person in interest is advised of the Department's action.
C. The review proceedings shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
D. This remedy of administrative review need not be exhausted before filing suit in a circuit court pursuant to State Government Article, §10-625(e), Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: July 16, 1984 (11:14 Md. R. 1250)*
- *Administrative History: Regulation .05 amended effective August 6, 1990 (17:15 Md. R. 1861); September 14, 1992 (19:18 Md. R. 1657); March 24, 2008 (35:6 Md. R. 699)*
- *Administrative History: Regulation .05G amended effective October 27, 2014 (41:21 Md. R. 1259)*
- *Administrative History: Regulation .10A amended effective August 28, 1995 (22:17 Md. R. 1319)*
- *Authority: State Government Article, §10-625, Annotated Code of Maryland*
## **11.01.16** Rules of Procedure of the Board of Airport Zoning Appeals
##### **COMAR 11.01.16.01** Scope of Authority. {#sec-11.01.16.01 omnilex-key=us-md-regs-official--title-11--11.01.16.01}
A. The Board may hear and decide appeals in cases when there is a denial by the Maryland Aviation Administration in an order, requirement, decision, or determination relating to a request for a permit for any activity, land use, or structure within a noise zone or other airport zoning district of Baltimore/Washington International Airport (BWI) or Martin State Airport.
B. The Board may hear, decide, and grant specific variances permitting a prohibited activity or land use, or deny requests for a prohibited activity or land use within a noise zone or other airport zoning district of Baltimore/Washington International Airport (BWI) or Martin State Airport.
**History**
- *Administrative History: Effective date: December 15, 1986 (13:25 Md. R. 2661)*
- *Administrative History: Regulation .04B and C amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Administrative History: Regulation .06E amended effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .11 amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Authority: Transportation Article, §§5-506—5-509, 5-801(f), and 5-822; State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.16.02** Definitions. {#sec-11.01.16.02 omnilex-key=us-md-regs-official--title-11--11.01.16.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Maryland Aviation Administration.
(2) “Board” means the Maryland Board of Airport Zoning Appeals.
(3) “Contested case” means a proceeding so defined under State Government Article, §10-202(d), Annotated Code of Maryland.
(4) “Party” means:
(a) The applicant, appellant, or the Administration;
(b) An aggrieved person or any officer or agency of the political subdivision affected by the decision of the Administration and who has been granted the right to intervene by the Chairman of the Board.
**History**
- *Administrative History: Effective date: December 15, 1986 (13:25 Md. R. 2661)*
- *Administrative History: Regulation .04B and C amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Administrative History: Regulation .06E amended effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .11 amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Authority: Transportation Article, §§5-506—5-509, 5-801(f), and 5-822; State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.16.03** Vice Chairman. {#sec-11.01.16.03 omnilex-key=us-md-regs-official--title-11--11.01.16.03}
The Chairman shall appoint a Vice Chairman to fulfill the duties of the Chairman when the Chairman is unable to perform his duties due to absence or disability.
**History**
- *Administrative History: Effective date: December 15, 1986 (13:25 Md. R. 2661)*
- *Administrative History: Regulation .04B and C amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Administrative History: Regulation .06E amended effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .11 amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Authority: Transportation Article, §§5-506—5-509, 5-801(f), and 5-822; State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.16.04** Meetings, Quorums, Votes. {#sec-11.01.16.04 omnilex-key=us-md-regs-official--title-11--11.01.16.04}
A. Meetings. The Board shall meet at the call of the Chairman or, during the Chairman's absence, the Vice Chairman. Unless otherwise designated, meetings shall be held at the Headquarters Building, Maryland Department of Transportation.
B. Quorums.
(1) If an application for a variance or an appeal to the Board concerns property located in Anne Arundel County or Howard County, four members of the Board are a quorum including:
(a) One at-large member;
(b) Two members from Anne Arundel County; and
(c) One member from Howard County.
(2) If an application for a variance or an appeal to the Board concerns property in Baltimore County, three members of the Board are a quorum including:
(a) One at-large member; and
(b) Two members from Baltimore County.
C. Votes. A majority of the quorum hearing an appeal or request for variance, as the quorum is defined in §B(1) or (2), of this regulation, shall be required to affirm any action of the Board.
**History**
- *Administrative History: Effective date: December 15, 1986 (13:25 Md. R. 2661)*
- *Administrative History: Regulation .04B and C amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Administrative History: Regulation .06E amended effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .11 amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Authority: Transportation Article, §§5-506—5-509, 5-801(f), and 5-822; State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.16.05** Initiation of Appeals, Time Limits. {#sec-11.01.16.05 omnilex-key=us-md-regs-official--title-11--11.01.16.05}
A. Appeals to the Board may be taken by any party when there is a denial of the request for a permit by the Maryland Aviation Administration. An appeal shall be filed within 30 days of a decision by the Administration.
B. Requests to the Board for a specific variance from noise zone or airport zoning district regulations shall be filed within 30 days of the decision by the Administration.
C. The Chairman may extend the time limits set forth in §§A and B, of this regulation. The extension shall be at the discretion of the Chairman and only for good cause. A party requesting an extension shall file with the Board a written request setting forth the reason for the requested extension. This request shall be filed with the Board within the time period set forth in §A or B, of this regulation.
D. Form of Appeal. Appeals shall be filed in writing with the Board and shall contain the following information:
(1) A caption setting forth the:
(a) Parties,
(b) Name of the Board,
(c) Docket number;
(2) The basis for the appeal; and
(3) The relief sought.
E. Request for Variance. A request for variance shall be filed in writing with the Board and shall contain the following information:
(1) A caption setting forth the:
(a) Parties,
(b) Name of the Board,
(c) Docket number;
(2) The basis for the request for variance; and
(3) The relief sought.
**History**
- *Administrative History: Effective date: December 15, 1986 (13:25 Md. R. 2661)*
- *Administrative History: Regulation .04B and C amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Administrative History: Regulation .06E amended effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .11 amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Authority: Transportation Article, §§5-506—5-509, 5-801(f), and 5-822; State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.16.06** Docket, Time of Hearing, Notice. {#sec-11.01.16.06 omnilex-key=us-md-regs-official--title-11--11.01.16.06}
A. The Secretary of the Board shall maintain a docket in which all appeals and requests for variance shall be recorded. The docket shall be available for public inspection during normal business hours at the Headquarters Building, Maryland Department of Transportation.
B. Appeals and requests for variance shall be recorded on the docket upon receipt and filed for hearing in the order they are received by the Board. The Board may, however, for administrative ease and in its discretion, schedule hearings in any order other than the order in which they are received, provided that this does not result in a delay of more than 2 months from the date a hearing would have been conducted had it been scheduled based upon the date of receipt of the appeal or request for variance.
C. Upon request by any party, the Board may hold expedited proceedings if it determines that there are sufficient grounds for so doing. In this event, the provisions of §§B and E may be waived.
D. The Chairman or his designated representative may request further documentation from any party prior to the hearing.
E. Notice of hearings on appeals or requests for variance shall be:
(1) Sent by certified mail to all parties not more than 30 days, or less than 10 days, before the date of the hearing; and
(2) Advertised in the Maryland Register or a newspaper of general circulation in the county in which the applicant's property is located at least 10 days before the hearing.
**History**
- *Administrative History: Effective date: December 15, 1986 (13:25 Md. R. 2661)*
- *Administrative History: Regulation .04B and C amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Administrative History: Regulation .06E amended effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .11 amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Authority: Transportation Article, §§5-506—5-509, 5-801(f), and 5-822; State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.16.07** Representation. {#sec-11.01.16.07 omnilex-key=us-md-regs-official--title-11--11.01.16.07}
A. A party may appear in proper person or be represented by counsel.
B. A political subdivision may be represented by any officer or agency.
**History**
- *Administrative History: Effective date: December 15, 1986 (13:25 Md. R. 2661)*
- *Administrative History: Regulation .04B and C amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Administrative History: Regulation .06E amended effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .11 amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Authority: Transportation Article, §§5-506—5-509, 5-801(f), and 5-822; State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.16.08** Prehearing Procedures. {#sec-11.01.16.08 omnilex-key=us-md-regs-official--title-11--11.01.16.08}
A. At least 2 weeks before the hearing, each party shall file with the Board a list of witnesses and documentary evidence to be introduced at the hearing, and a copy shall be served on each other party to the hearing.
B. Prehearing Conferences. The Chairman of the Board may hold prehearing conferences as he considers appropriate.
C. The Board may administer oaths and issue subpoenas and orders for the attendance of witnesses and the production of documents.
D. A preliminary motion filed by a party shall be accompanied by a memorandum of points and authorities and shall be filed with the Board at least 10 working days before the hearing, and a copy shall be served on each other party to the hearing. Any response shall be filed with the Board at least 5 working days before the hearing, and a copy shall be served on each other party to the hearing. The Board may, in its discretion, grant a hearing on the motions.
**History**
- *Administrative History: Effective date: December 15, 1986 (13:25 Md. R. 2661)*
- *Administrative History: Regulation .04B and C amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Administrative History: Regulation .06E amended effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .11 amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Authority: Transportation Article, §§5-506—5-509, 5-801(f), and 5-822; State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.16.09** Conduct of the Hearing. {#sec-11.01.16.09 omnilex-key=us-md-regs-official--title-11--11.01.16.09}
A. Duties of Chairman. The Chairman or his designee shall be the presiding officer. The presiding officer:
(1) Shall have complete charge of the hearing, permit the examination of witnesses, admit evidence, rule on the admissibility of evidence, and adjourn or recess the hearing;
(2) May set time limits on arguments;
(3) Shall be responsible for decorum in the hearing and may suspend the proceeding as necessary to maintain decorum;
(4) May request a representative of the Attorney General's Office to act as legal advisor to the Board regarding questions of evidence and law.
B. Order of Procedure. The order in which the parties shall present their cases shall be determined by the presiding officer.
C. Examination of Witnesses and Introduction of Evidence.
(1) The rules of evidence in all hearings under these procedures shall be as set forth under the Administrative Procedure Act, State Government Article, §10-213, Annotated Code of Maryland.
(2) A party may submit evidence, examine and cross-examine witnesses, and file objections, exceptions, and motions. When a party is represented by counsel, however, all submissions of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by counsel.
(3) The Chairman and any members of the Board may examine any witness called to testify at the hearing. The presiding officer may call as a witness any other person.
D. Summary of Evidence. The presiding officer may, in his discretion, permit any party to summarize the evidence, provided that, if one party is permitted summary, the presiding officer shall also permit each other party to the hearing to summarize the evidence.
E. Executive Session. The Board shall hold an executive session to consider all probative and relevant evidence submitted during the hearing and to determine the outcome of the hearing.
**History**
- *Administrative History: Effective date: December 15, 1986 (13:25 Md. R. 2661)*
- *Administrative History: Regulation .04B and C amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Administrative History: Regulation .06E amended effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .11 amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Authority: Transportation Article, §§5-506—5-509, 5-801(f), and 5-822; State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.16.10** Records and Transcripts. {#sec-11.01.16.10 omnilex-key=us-md-regs-official--title-11--11.01.16.10}
A. The Board shall prepare an official record which shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the proceedings.
B. A stenographic record or an electronic recording shall be made of each hearing, but need not be transcribed unless a request for a transcribed copy is made. The party requesting the transcribed copy shall pay all costs of transcription.
**History**
- *Administrative History: Effective date: December 15, 1986 (13:25 Md. R. 2661)*
- *Administrative History: Regulation .04B and C amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Administrative History: Regulation .06E amended effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .11 amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Authority: Transportation Article, §§5-506—5-509, 5-801(f), and 5-822; State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.16.11** Decision and Order. {#sec-11.01.16.11 omnilex-key=us-md-regs-official--title-11--11.01.16.11}
Each decision and order rendered by the Board shall be in writing and shall be accompanied by findings of fact and conclusions of law. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed to each party within 120 days of the hearing.
**History**
- *Administrative History: Effective date: December 15, 1986 (13:25 Md. R. 2661)*
- *Administrative History: Regulation .04B and C amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Administrative History: Regulation .06E amended effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .11 amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Authority: Transportation Article, §§5-506—5-509, 5-801(f), and 5-822; State Government Article, §10-206; Annotated Code of Maryland*
##### **COMAR 11.01.16.12** Judicial Review. {#sec-11.01.16.12 omnilex-key=us-md-regs-official--title-11--11.01.16.12}
Upon issuance of a final decision, an aggrieved party may seek judicial review.
**History**
- *Administrative History: Effective date: December 15, 1986 (13:25 Md. R. 2661)*
- *Administrative History: Regulation .04B and C amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Administrative History: Regulation .06E amended effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .11 amended effective July 8, 1991 (18:13 Md. R. 1843)*
- *Authority: Transportation Article, §§5-506—5-509, 5-801(f), and 5-822; State Government Article, §10-206; Annotated Code of Maryland*
## **11.01.17** Public-Private Partnership Program
##### **COMAR 11.01.17.01** Purpose. {#sec-11.01.17.01 omnilex-key=us-md-regs-official--title-11--11.01.17.01}
The purpose of this chapter is to:
A. Establish a Maryland Department of Transportation Public-Private Partnership Program (“Program”) to enhance the State's transportation systems, assets, functions, and infrastructure; and
B. Describe and provide a process for the development, solicitation, evaluation, award, and delivery of public-private partnerships in the Department’s Program.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective July 1, 2013 (40:15 Md. R. 1227); adopted permanently effective October 28, 2013 (40:21 Md. R. 1776)*
- *Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h),Annotated Code of Maryland;Ch. 5, Acts of 2013*
##### **COMAR 11.01.17.02** Scope. {#sec-11.01.17.02 omnilex-key=us-md-regs-official--title-11--11.01.17.02}
A. In accordance with State Finance and Procurement Article, §10A-101(g)(2), Annotated Code of Maryland, the Department is a reporting agency that may establish public-private partnerships and execute public-private partnership agreements in connection with any public infrastructure assets for which it is responsible.
B. Within the Department, the Office of the Secretary shall be responsible for administering the Program on behalf of its Modal Administrations.
C. In accordance with State Finance and Procurement Article, §10A-101(g)(2) and (3), Annotated Code of Maryland, the Maryland Transportation Authority is a separate reporting agency and its public-private partnership program is not included in this chapter.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective July 1, 2013 (40:15 Md. R. 1227); adopted permanently effective October 28, 2013 (40:21 Md. R. 1776)*
- *Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h),Annotated Code of Maryland;Ch. 5, Acts of 2013*
##### **COMAR 11.01.17.03** Definitions. {#sec-11.01.17.03 omnilex-key=us-md-regs-official--title-11--11.01.17.03}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Budget Committees” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.
(2) “Department” means the Maryland Department of Transportation.
(3) “Industry forum” means a pre-solicitation information gathering event that may include public and private sector participants.
(4) “Industry review meeting” means a meeting during the solicitation process with shortlisted private entities.
(5) “Modal Administrations” means the State Highway Administration, the Maryland Transit Administration, the Maryland Aviation Administration, the Maryland Port Administration, and the Maryland Motor Vehicle Administration.
(6) “Multi-step solicitation process” means a public-private partnership solicitation process that includes some or all of the following steps:
(a) Issuance of a request for qualifications;
(b) Preproposal conference; issuance of a draft request for proposals;
(c) Industry review meetings; and
(d) Issuance of a final request for proposals.
(7) “Private entity” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.
(8) “Program” means the structure, process, methodology and terms and conditions applicable to the Department’s development, solicitation, evaluation, award, and delivery of transportation public infrastructure assets for which it is responsible in accordance with State Finance and Procurement Article, §10A -101, Annotated Code of Maryland.
(9) “Public infrastructure asset” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.
(10) “Public notice of solicitation” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.
(11) “Public-private partnership” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.
(12) “Public-private partnership candidate concept application” means the documentation that must be submitted to the Steering Committee to initiate and inform a high-level review of a public-private partnership concept generated from within the Department.
(13) “Reporting agency” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.
(14) “Responsibility determination” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.
(15) “Secretary” means the Secretary of the Maryland Department of Transportation.
(16) “Shortlisted private entity” means a private entity that has been both qualified based on its response to a request for qualifications and selected as one of the highest qualified private entities, allowing them to continue in the solicitation process.
(17) “Steering Committee” is the Transportation Public-Private Partnerships Steering Committee established to advise the Secretary on the structure and implementation of the Department’s Program and comprised of Department and other State employees identified by the Secretary.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective July 1, 2013 (40:15 Md. R. 1227); adopted permanently effective October 28, 2013 (40:21 Md. R. 1776)*
- *Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h),Annotated Code of Maryland;Ch. 5, Acts of 2013*
##### **COMAR 11.01.17.04** Transportation Public-Private Partnerships Steering Committee. {#sec-11.01.17.04 omnilex-key=us-md-regs-official--title-11--11.01.17.04}
A. The Steering Committee is established to advise the Secretary on the structure and implementation of the Department’s Program, including, but not limited to, the following:
(1) Identification of potential public-private partnership opportunities for screening;
(2) Screening of public-private partnership opportunities, including both high-level and detailed-level;
(3) Prioritization of public-private partnership opportunities for solicitation;
(4) Developing presolicitation and solicitation plans and processes for public-private partnerships;
(5) Ongoing monitoring of public-private partnerships; and
(6) Communication and coordination with other State reporting agencies.
B. The Steering Committee shall be comprised of Department and other State employees as identified by the Secretary.
C. The Steering Committee shall be chaired by a Department employee, as identified by the Secretary, and referred to as the Steering Committee chair.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective July 1, 2013 (40:15 Md. R. 1227); adopted permanently effective October 28, 2013 (40:21 Md. R. 1776)*
- *Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h),Annotated Code of Maryland;Ch. 5, Acts of 2013*
##### **COMAR 11.01.17.05** Identification Process. {#sec-11.01.17.05 omnilex-key=us-md-regs-official--title-11--11.01.17.05}
A. Public-private partnership concepts and opportunities identified within the Department and its Modal Administrations and through other state, regional, local, and municipal processes.
(1) Potential public-private partnership concepts and opportunities may be identified through periodic transportation planning, communication, and evaluation processes that are carried out within the Department and its Modal Administrations and through other state, regional, local, and municipal processes, including but not limited to:
(a) Consolidated transportation program;
(b) Statewide transportation improvement program;
(c) Long-range transportation plans developed by metropolitan planning organizations; and
(d) County priority letters.
(2) Public-Private Partnership Candidate Concept Application.
(a) To initiate a high-level review, screening, and policy analysis of a proposed public-private partnership concept or opportunity, a Public-Private Partnership Candidate Concept Application shall be submitted to the Steering Committee chair by an internal sponsor, either:
(i) A Modal Administration planning office; or
(ii) The Department’s planning staff.
(b) A Public-Private Partnership Candidate Concept Application may be submitted at any time, and may be supplemented with additional information as needed.
(c) Relevant supporting information or documentation shall be included in the submission of the Public-Private Partnership Candidate Concept Application, and to the extent such information is available, including but not limited to:
(i) Preliminary ideas of public-private partnership scope, schedule, and project lifecycle considerations;
(ii) Preliminary qualitative evaluation of relevant benefits and cost;
(iii) Preliminary description of financial concepts;
(iv) Rationale for a public-private partnership delivery method relative to a conventional project delivery approach; and
(v) Additional information, as necessary, to support a high-level screening process, as outlined in Regulation .06C(1) of this chapter.
(d) The format and required contents of the Public-Private Partnership Candidate Concept Application shall be:
(i) Developed by the Steering Committee;
(ii) Approved by the Secretary; and
(iii) Updated by the Steering Committee as needed.
B. Unsolicited Proposals.
(1) In accordance with State Finance and Procurement Article, §10A-301, Annotated Code of Maryland, the Department shall be permitted to accept, reject, or evaluate unsolicited proposals for public-private partnerships that will assist the Department in implementing its functions in a manner consistent with State policy.
(2) Assets defined as transportation facilities projects under Transportation Article, §4-101(h), Annotated Code of Maryland:
(a) Are not the direct responsibility of the Department;
(b) Are the direct responsibility of the Maryland Transportation Authority; and
(c) Should not be included in unsolicited proposals submitted to the Department.
(3) An unsolicited proposal may be submitted at any time.
(4) An unsolicited proposal shall:
(a) Be sealed and delivered to the Secretary’s Office to the attention of the Steering Committee chair bearing the private entity’s name, address, and the words “Public-Private Partnership Unsolicited Proposal” clearly on the outside; and
(b) Consist of 15 hardcopies and 1 electronic copy.
(5) Unsolicited Informational Meetings.
(a) Private entities may request meetings with the Department to discuss potential unsolicited proposals prior to submission.
(b) Requests for unsolicited informational meetings shall be submitted to the Steering Committee chair.
(c) The Department may not be required to grant meetings in response to a request.
(d) During unsolicited informational meetings, the Department may provide informal feedback and comments to the private entity.
(e) The primary purpose of unsolicited informational meetings shall be to avoid private entities spending unnecessary time and resources on the development of unsolicited proposals that do not directly meet the State’s transportation needs.
(f) A formal review and screening of an unsolicited proposal shall be undertaken only after a private entity completes the formal submission process.
(6) An unsolicited proposal shall be conceptual, containing only the information required for the Steering Committee to conduct a high-level review and screening of the proposed public-private partnership concept.
(7) An unsolicited proposal shall include, at a minimum, the following:
(a) An executive summary of the major elements of the unsolicited proposal, including:
(i) The title of the proposed concept;
(ii) A brief description and justification of the proposed concept;
(iii) The name and address of the public-private partnership private entity; and
(iv) A signature of an individual authorized to act on behalf of and bind the private entity, along with the individual’s telephone number and email address.
(b) Summary of the experience, expertise, technical and financial competence, and professional qualifications of the private entity.
(c) A summary narrative that describes:
(i) The key components of the proposed public-private partnership concept;
(ii) Preliminary ideas of public-private partnership scope, schedule, and project lifecycle considerations;
(iii) Preliminary qualitative evaluation of relevant benefits and costs;
(iv) Preliminary description of financial concepts;
(v) The relevance of the public-private concept to other transportation facilities or other public infrastructure assets; and
(vi) A statement of the public-private partnership concept’s consistency with existing governmental transportation planning or project documents and governing law.
(d) A high-level description of financial feasibility that includes:
(i) Amounts and sources of any public funding that may be required;
(ii) How estimated funding from all relevant sources would be sufficient to support all asset delivery activities, including design, property and equipment acquisition, construction, long term capital replacement activities, financing, operations, and maintenance; and
(iii) How estimated funding from all relevant sources would be sufficient to provide for contingencies to meet the terms and conditions under which the public infrastructure asset shall be handed back to the Department at the expiration or termination of the public-private partnership agreement.
(e) Rationale for a public-private partnership delivery method relative to a conventional project delivery approach.
(f) Clear indication of any proprietary information that should be protected in accordance with State Finance and Procurement Article, §10A-301(d)(2), Annotated Code of Maryland.
(g) Additional information, as necessary, to support a high-level screening process, as outlined in Regulation .06C(1) of this chapter.
(8) Unsolicited Proposal Fee.
(a) Each unsolicited proposal that addresses a project already in the Consolidated Transportation Program, shall be accompanied by a check in the amount of $10,000 made payable to the Maryland Department of Transportation.
(b) Each unsolicited proposal that does not address a project already in the Consolidated Transportation Program shall be accompanied by a check in the amount of $25,000 made payable to the Maryland Department of Transportation.
(c) The Department reserves the right, in its sole discretion, to determine whether submitted alternates and variations of proposals shall be considered separate proposals that require separate proposal fees.
(d) Unsolicited proposal fees are non-refundable.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective July 1, 2013 (40:15 Md. R. 1227); adopted permanently effective October 28, 2013 (40:21 Md. R. 1776)*
- *Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h),Annotated Code of Maryland;Ch. 5, Acts of 2013*
##### **COMAR 11.01.17.06** Screening Process. {#sec-11.01.17.06 omnilex-key=us-md-regs-official--title-11--11.01.17.06}
A. The purpose of screening is to assist the Department in determining the appropriateness, viability, and effectiveness of delivering a public infrastructure asset for which it is responsible using a public-private partnership methodology.
B. The screening methodology is a means to systematically apply uniform and consistent factors to both internally generated public-private partnership concepts and unsolicited public-private partnership concepts.
C. The screening process shall be organized in two phases.
(1) High-Level Screening Phase.
(a) Factors to be considered during the high-level screening may include, but are not limited to:
(i) Ability to meet State transportation, socioeconomic development, workforce, and environmental goals;
(ii) Technical implementation considerations;
(iii) Potential need for coordination with other State agencies, including but not limited to the Maryland Transportation Authority;
(iv) Opportunities to accelerate asset delivery implementation;
(v) Ability to allocate and share risks in a cost effective manner that shall be consistent with State law and in the best interests of the State;
(vi) Opportunities to reduce reliance on public funds or finance, or both;
(vii) Public affordability considerations;
(viii) Potential for increased revenue generation and revenue sharing with the Department; and
(ix) Potential impact on the workforce, including existing State employees, if any.
(b) For internally generated public-private partnership concepts, the high level screening shall be conducted based on the Public-Private Partnership Candidate Concept Application and supporting information provided by the internal sponsor.
(c) For unsolicited public-private partnership concepts, the high-level screening shall be conducted based on information provided by the private entity in an unsolicited proposal and any supplementary information available within the Department.
(d) Based on the findings of the high level screening, the Steering Committee may recommend to the Secretary that specific public-private partnership concepts be advanced or not be advanced to the detailed-level screening.
(e) The Secretary’s written approval shall be required to advance or not advance a public-private partnership concept to the detailed-level screening phase.
(f) Within 45 days after receipt of a Public-Private Partnership Candidate Concept Application or an unsolicited proposal, the Steering Committee shall:
(i) Notify the internal sponsor or private entity that the concept has been advanced or not advanced to detailed-level screening; or
(ii) Request additional information from the internal sponsor or private entity.
(2) Detailed-Level Screening Phase.
(a) The detailed-level screening phase shall be more comprehensive than the high-level screening phase.
(b) In addition to the findings of the high-level screening phase, analyses and documentation during the detailed-level screening phase may include some or all of the following categories:
(i) Scope, design concepts, and phasing schedules;
(ii) Compliance with federal and State environmental and transportation planning requirements;
(iii) Technical and financial feasibility analyses;
(iv) Evaluation of operations and maintenance requirements;
(v) Asset lifecycle costs and revenue estimates;
(vi) Risk assessment of key asset delivery elements;
(vii) In the event that a public-private partnership delivery method may have a potential impact on the workforce or existing State employees, a preliminary assessment of the potential impact and potential options for mitigating that impact, including the protections allotted to State employees that are in effect at the time that the P3 agreement is approved by the Board of Public Works; and
(viii) Other analyses determined to be necessary to determine the appropriateness, viability, and effectiveness of a public-private partnership delivery method.
(c) The types of analyses and resources committed to a detailed-level screening phase will be determined by the Steering Committee and the Secretary, on a case-by-case basis.
(d) Based on the findings of the detailed-level screening, the Steering Committee shall make recommendations to the Secretary as to which public-private partnership concepts should be advanced and which should not be advanced to submission of a pre-solicitation report.
(e) The Secretary’s written approval shall be required to advance or not advance a public-private partnership concept to submission of a pre-solicitation report.
(f) Within 45 days after advancement of a public-private partnership concept to the detailed-level screening analysis phase, the Steering Committee shall:
(i) Notify the internal sponsor or private entity that the concept is or is not under development for possible submission of a pre-solicitation report; or
(ii) Request additional information from the internal sponsor or private entity.
**Cross References**
11.01.17.05A(2)(c)(v)
11.01.17.05B(7)(g)
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective July 1, 2013 (40:15 Md. R. 1227); adopted permanently effective October 28, 2013 (40:21 Md. R. 1776)*
- *Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h),Annotated Code of Maryland;Ch. 5, Acts of 2013*
##### **COMAR 11.01.17.07** Pre-solicitation. {#sec-11.01.17.07 omnilex-key=us-md-regs-official--title-11--11.01.17.07}
A. Pre-solicitation Report Development.
(1) The development of a pre-solicitation report for submission involves a broad range of activities that may run concurrent to the high-level and detailed-level screening phases.
(2) In consultation with the Steering Committee, the Secretary shall determine:
(a) The tasks required for the development of a pre-solicitation report; and
(b) The responsible parties within the Department.
(3) The development of a pre-solicitation report containing all elements required in State Finance and Procurement Article, §10A-201(b)(1), Annotated Code of Maryland may entail a variety of tasks, including but not limited to:
(a) Analyses and documentation, including some or all of the following categories:
(i) Scope, design concepts, and phasing schedules;
(ii) Compliance with federal and State environmental and transportation planning requirements;
(iii) Technical and financial feasibility analyses;
(iv) Evaluation of operations and maintenance requirements;
(v) Asset lifecycle costs and revenue estimates;
(vi) Risk assessment of key asset delivery elements;
(vii) In the event that a public-private partnership delivery method may have a potential impact on existing State employees, analysis of potential impact and potential options for mitigating the impact; and
(viii) Other analyses determined to be necessary to determine the appropriateness, viability, and effectiveness of a public-private partnership delivery method;
(b) Issuing public requests for information to obtain additional information that may help the Department confirm or refine key assumptions; and
(c) Organizing public industry forums to obtain additional information that may help the Department confirm or refine key assumptions.
(4) In the event that the proposed public-private partnership delivery method may have a potential impact on existing State employees, the Department shall arrange for meetings between the Secretary and appropriate bargaining unit representatives, if any, for a preliminary discussion of potential impact and potential options for mitigating that impact.
B. The Department may not issue a public notice of solicitation for a public-private partnership until:
(1) A pre-solicitation report concerning the proposed public-private partnership is submitted to the Comptroller, the State Treasurer, the budget committees, and the Department of Legislative Services in accordance with State Finance and Procurement Article, §10A-201(a), Annotated Code of Maryland that contains the information required by State Finance and Procurement Article, §10A-201(b)(1), Annotated Code of Maryland; and
(2) The Department has sought and received:
(a) The official designation of the Board of Public Works of the public infrastructure asset as a public-private partnership; and
(b) The approval of the Board of Public Works of the method of solicitation.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective July 1, 2013 (40:15 Md. R. 1227); adopted permanently effective October 28, 2013 (40:21 Md. R. 1776)*
- *Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h),Annotated Code of Maryland;Ch. 5, Acts of 2013*
##### **COMAR 11.01.17.08** Solicitation Process. {#sec-11.01.17.08 omnilex-key=us-md-regs-official--title-11--11.01.17.08}
A. General.
(1) The solicitation process for public-private partnerships shall be competitive, regardless of whether the public-private partnership concept originated internally within the Department or from an unsolicited proposal.
(2) For each private entity that responds to a public notice of solicitation, the Department shall make a responsibility determination in accordance with State Finance and Procurement Article, §10A-202(c), Annotated Code of Maryland.
B. Solicitations Relating to Concepts Described in Unsolicited Proposals.
(1) The competitive solicitation process shall protect any proprietary information that is identified as such and included in the unsolicited proposal in accordance with State Finance and Procurement Article, §10A-301(d)(2), Annotated Code of Maryland.
(2) An individual or firm that has submitted an unsolicited proposal may participate in any subsequent competitive solicitation process, in accordance with State Finance and Procurement Article, §10A-301(e), Annotated Code of Maryland.
(3) The private entity shall be responsive to all components of the subsequent competitive solicitation process even if certain information requested by the subsequent competitive solicitation process has already been submitted as part of the unsolicited proposal.
(4) The Department reserves the right to issue a public notice of solicitation relating to a concept described in an unsolicited proposal after the rejection or termination of the evaluation of the unsolicited proposal or any competing proposals.
C. Multi-Step Solicitation Process.
(1) The Department may use a multi-step solicitation process that includes, but is not limited to, some or all of the following steps:
(a) Issuance of a request for qualifications;
(b) Preproposal conference;
(c) Issuance of a draft request for proposals;
(d) Industry review meetings; and
(e) Issuance of a final request for proposals.
(2) The determination to utilize some or all of the solicitation steps shall be case-by-case.
(3) The Department may include additional solicitation steps on a case-by-case basis as set forth in the public notice of solicitation.
(4) Request for Qualifications.
(a) The purpose of a request for qualifications is to:
(i) Identify private entities that qualify as participants in the solicitation process; and
(ii) Identify a shortlist of the highest qualified candidates for continuing in the solicitation process, which are the shortlisted private entities.
(b) Based on the responses to the request for qualifications, the Department may:
(i) Identify one or more private entities as qualified; and
(ii) Develop a shortlist of one or more of the highest qualified candidates for continuing in the solicitation process, which are the shortlisted private entities.
(c) Only candidates that have been selected to continue in the solicitation process as shortlisted private entities are eligible to:
(i) Participate in industry review meetings;
(ii) Receive drafts of the request for proposals;
(iii) Submit comments on drafts of the request for proposals;
(iv) Receive the final request for proposals; and
(v) Submit a written proposal in response to the final request for proposals.
(5) Preproposal Conference.
(a) The purpose of a preproposal conference is to facilitate better understanding of solicitation requirements and processes.
(b) A preproposal conference may be scheduled by the Department after the initial public notice of solicitation for a public-private partnership.
(c) Preproposal conferences are open to all interested private entities.
(6) Draft Request for Proposals.
(a) As part of a multi-step solicitation process, the Department may issue one or more draft requests for proposals to shortlisted private entities.
(b) Draft requests for proposals may include, but are not limited to:
(i) Instructions to private entities for responding to the request for proposals;
(ii) Technical provisions;
(iii) Scope of work; and
(iv) Public-private partnership agreement key terms and components.
(c) Only shortlisted private entities may submit written or verbal comments and questions concerning the draft request for proposals to the Department to the extent permitted by the solicitation process.
(d) The Department may use comments and questions from shortlisted private entities for subsequent revisions to the draft request for proposals.
(7) Industry Review Meetings.
(a) The Department may conduct industry review meetings as part of a multi-step solicitation process.
(b) The purpose of industry review meetings is to:
(i) Obtain comments and make revisions to the draft request for proposals;
(ii) Obtain the best value for the State;
(iii) Facilitate the full understanding regarding the requirements of the State for the public-private partnership concept;
(iv) Facilitate the full understanding of the contents of the proposals required to be submitted by shortlisted private entities; and
(v) Finalize the requirements for the request for proposals.
(c) Agreement negotiations may not be conducted during industry review meetings.
(d) Industry review meetings are restricted to candidates that have been selected to continue in the solicitation process as shortlisted private entities.
(e) Industry review meetings may be:
(i) Joint workshops with all shortlisted private entities invited to participate; or
(ii) One-on-one meetings between the Department and individual shortlisted private entities.
(f) The Department may use comments and questions obtained from shortlisted private entities through industry review meetings for subsequent revisions to the draft request for proposals.
(8) Final Request for Proposals.
(a) In a solicitation process involving a request for qualifications phase, a final request for proposals shall be issued to shortlisted private entities selected to continue in the solicitation process.
(b) The contents of the final request for proposals may be based on information gathered during earlier solicitation phases, including but not limited to:
(i) Preproposal conference;
(ii) Request for qualifications; and
(iii) Industry review meetings.
(c) The Department may issue a final request for proposals without previously:
(i) Issuing a request for qualifications;
(ii) Issuing a draft request for proposals; or
(iii) Conducting industry review meetings.
(9) Information Availability During Solicitation.
(a) The Department may make relevant technical and financial information available to private entities through an electronic data room.
(b) The Department may respond to relevant additional information requests by private entities in support of due diligence reviews, including requests for site inspections.
(c) Information or site access provided to individual private entities pursuant to an additional information request must also be made available to all other interested private entities if a shortlist of qualified private entities has not yet been established.
(d) Information or site access provided to individual private entities pursuant to an additional information request must also be made available to all other shortlisted private entities if a shortlist of qualified private entities has been established.
(e) Private entities may be required to sign confidentiality agreements prior to release of information deemed confidential.
D. Reimbursement.
(1) The Department may reimburse a private entity in accordance with State Finance and Procurement Article, §10A-202(f), Annotated Code of Maryland.
(2) If the Department elects to reimburse a private entity, the specific terms, conditions, method, and timing for reimbursing a private entity shall be described in the public notice of solicitation associated with the specific public-private partnership.
(3) The reimbursement terms and conditions may include the requirement for the private entity to execute a stipend agreement and to transfer rights to use the work product produced by the private entity during the solicitation process to the Department as a condition to receiving reimbursement.
(4) The Department shall only consider reimbursement for shortlisted private entities.
(5) Maximum Reimbursement Amount.
(a) The Department shall not provide a reimbursement in excess of $3,000,000 to an individual private entity for costs incurred in response to the solicitation of a public-private partnership.
(b) The Department may establish a reimbursement less than the maximum prescribed herein on a case-by-case basis.
(6) Except as set forth in the solicitation documents, should the solicitation process or negotiations be suspended, discontinued, or terminated, the private entity shall have no rights of recourse, including reimbursement of the private entity’s unsolicited proposal review fees or costs associated, directly or indirectly, with the solicited or unsolicited proposal developments.
E. Reservation of Rights. The Department reserves all rights available by law and in equity in its public-private partnership solicitation process, including without limitation, the right to:
(1) Reject any and all submittals, responses, qualifications, and proposals, whether solicited or unsolicited, at any time or for any reason;
(2) Issue addenda, supplements, and modifications to a public notice of solicitation;
(3) Cancel a solicitation in whole or in part at any time prior to the execution of a public-private partnership agreement, subject to any agreed upon compensation to proposers set forth in the solicitation documents or pursuant to State Finance and Procurement Article, §10A-202(f), Annotated Code of Maryland;
(4) Issue a new public notice of solicitation after withdrawal of a public notice of solicitation;
(5) Establish protocols for private entities to remedy minor deficiencies in responses to requests for qualifications or proposals within a specified period of time;
(6) Disqualify any private entity at any point during a solicitation process for violating any rules or requirements of the solicitation set forth in the public notice of solicitation, in any communication from the Department, or as otherwise set forth by applicable law;
(7) Determine whether to pursue federal credit assistance on behalf of the private entities;
(8) Publically disclose information received during the solicitation process as governed by law and by the public notice of solicitation, pursuant to State Finance and Procurement Article, §10A-203(b), Annotated Code of Maryland;.
(9) Exercise any other rights reserved or afforded to the Department under applicable law and the public notice of solicitation; or
(10) Disqualify any private entity for any conflict of interest or other conduct manifesting a lack of responsibility.
F. Additional reservations of Department rights may be included in the solicitation documents for a public-private partnership.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective July 1, 2013 (40:15 Md. R. 1227); adopted permanently effective October 28, 2013 (40:21 Md. R. 1776)*
- *Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h),Annotated Code of Maryland;Ch. 5, Acts of 2013*
##### **COMAR 11.01.17.09** Evaluation, Negotiation, and Award. {#sec-11.01.17.09 omnilex-key=us-md-regs-official--title-11--11.01.17.09}
A. The Department shall conduct evaluations of submitted responses to the following: requests for qualifications and submitted proposals using the information submitted by the private entity.
(1) Submitted information shall be evaluated against the requirements of the solicitation and the evaluation criteria that the Department specifies in the solicitation for the particular public-private partnership opportunity.
(2) The objective of this evaluation process is to select the private entity that provides the best value solution for the State.
(3) The Department’s evaluation criteria shall be clearly set forth in each request for solicitation.
(4) A failure to provide all requested information may result in the Department eliminating a response or proposal from further consideration.
B. The processes for evaluating submitted responses to request for qualifications and for evaluating submitted proposals to requests for proposals shall be described and submitted to the Board of Public Works as part of the pre-solicitation process the Board of Public Works shall approve.
C. The Secretary shall establish one or more evaluation committees on a case-by-case basis that may:
(1) Be comprised of:
(a) Secretary’s Office employees;
(b) Modal Administration employees; and
(c) Other State employees;
(2) Review statements of qualifications;
(3) Review proposals; and
(4) Seek advice from the Department, other State agencies and State employees, and outside experts and consultants during the evaluation process.
D. Best and Final Offers.
(1) After the evaluation of all responsive proposals, the Secretary may request best and final offers from private entities determined by the evaluation committees to be eligible to submit best and final offers.
(2) The Secretary may request multiple iterations of best and final offers.
(3) A best and final offer process is not required.
E. After an apparent best value private entity has been selected by the evaluation committees, in consultation with the Secretary, the Department may enter into negotiations with that private entity.
F. The Secretary may determine that negotiations be completed by a negotiations committee either comprised of members of the evaluation committees or established separately from the evaluation committee that may:
(1) Be comprised of:
(a) Secretary’s Office employees;
(b) Modal Administration employees; and
(c) Other State employees;
(2) Review the apparent best value private entity’s response to the request for proposals;
(3) Review the apparent best value private entity’s best and final offer, if any; and
(4) Receive assistance from outside experts and consultants during the evaluation process.
G. The Department, in its sole discretion, may initiate negotiations with a private entity other than the apparent best value private entity if:
(1) Negotiations with the apparent best value private entity are unsuccessful; or
(2) The apparent best value private entity does not provide sufficient information or timely feedback to finalize the agreement in accordance with the Department’s schedule for the public-private partnership solicitation.
H. After completion of successful negotiations, the negotiations committee shall recommend a best value private entity to the Secretary for review and approval.
I. After the Secretary provides written approval of the best value private entity, the Department shall:
(1) Finalize and prepare the public-private partnership agreement for execution, in coordination with the best value private entity;
(2) Commence the final agreement review process in accordance with State Finance and Procurement Article, §10A-203, Annotated Code of Maryland; and
(3) Arrange for meetings between the Secretary and appropriate bargaining unit representatives to provide notice and discuss plans for impacted State employees, in the event that the proposed public-private partnership delivery method has an impact on existing State employees.
J. Final Agreement Review.
(1) The Secretary shall comply with the final agreement review process established in State Finance and Procurement Article, §10A-203, Annotated Code of Maryland.
(2) A final agreement report shall accompany a final agreement submitted under State Finance and Procurement Article, §10A-203, Annotated Code of Maryland, containing the following items, if relevant:
(a) The financial plan, including annual cash flows, for any public-private partnership including:
(i) State contributions;
(ii) Federal loans or credit assistance;
(iii) Private investment;
(iv) Local contributions; and
(v) Other funding contributions;
(b) The ongoing financial costs and increases associated with any operating and maintenance contracts;
(c) The impact any public private partnership agreement may have on the State’s debt affordability measures;
(d) The authority a private entity may have to recover its investment through tolls or other fees, including how future increases in tolls or other fees may increase;
(e) An analysis of why the proposed agreement is more advantageous than a conventional project delivery;
(f) A description, including the estimated value, of any land, buildings, or other structures or assets that are transferred or exchanged with a private entity as part of the public private partnership;
(g) A summary of the performance measures included in the ongoing operation of the public private partnership;
(h) A summary of the penalties associated with non-performance relating to the ongoing maintenance and operation; and
(i) A plan for how the long-term operating and maintenance contract will be overseen by the agency.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective July 1, 2013 (40:15 Md. R. 1227); adopted permanently effective October 28, 2013 (40:21 Md. R. 1776)*
- *Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h),Annotated Code of Maryland;Ch. 5, Acts of 2013*
##### **COMAR 11.01.17.10** Delivery. {#sec-11.01.17.10 omnilex-key=us-md-regs-official--title-11--11.01.17.10}
Procedures for Public-Private Partnership Agreements. In the development of a public-private partnership agreement, the Secretary shall comply with the provisions established in State Finance and Procurement Article, §10A-401, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective July 1, 2013 (40:15 Md. R. 1227); adopted permanently effective October 28, 2013 (40:21 Md. R. 1776)*
- *Authority: State Finance and Procurement Article, §§10A-102—10A-105, 10A-201—10A-204, 10A-301, 10A-401—10A-403, and 11-203(h),Annotated Code of Maryland;Ch. 5, Acts of 2013*
## **11.01.18** Tax Credits — Employer-Provided Commuter Benefits — Expansion and Administration
##### **COMAR 11.01.18.01** Purpose. {#sec-11.01.18.01 omnilex-key=us-md-regs-official--title-11--11.01.18.01}
The purpose of this chapter is to implement the requirements of Chapter 118, Acts of 2022, by establishing an application process for employers that provide commuter benefits to receive the tax credit described in Environment Article, §2-901, Annotated Code of Maryland, and in compliance with transportation congestion relief and air quality mitigation goals.
**History**
- *Administrative History: Effective date: March 20, 2023 (50:5 Md. R. 181)*
- *Authority: Environment Article, §2-901; Transportation Article, §2-103; Annotated Code of Maryland*
##### **COMAR 11.01.18.02** Definition. {#sec-11.01.18.02 omnilex-key=us-md-regs-official--title-11--11.01.18.02}
In this chapter, “business entity” has the meaning stated in Environment Article, §2–901, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: March 20, 2023 (50:5 Md. R. 181)*
- *Authority: Environment Article, §2-901; Transportation Article, §2-103; Annotated Code of Maryland*
##### **COMAR 11.01.18.03** Application for Commuter Tax Credit. {#sec-11.01.18.03 omnilex-key=us-md-regs-official--title-11--11.01.18.03}
A. A business entity shall provide the Department with a completed online application.
B. The Department shall approve all applications that qualify for a tax credit certificate.
**History**
- *Administrative History: Effective date: March 20, 2023 (50:5 Md. R. 181)*
- *Authority: Environment Article, §2-901; Transportation Article, §2-103; Annotated Code of Maryland*
##### **COMAR 11.01.18.04** Who May Request. {#sec-11.01.18.04 omnilex-key=us-md-regs-official--title-11--11.01.18.04}
Any business entity may request a commuter tax credit on a tax return for the tax year in which a commuter benefit was paid.
**History**
- *Administrative History: Effective date: March 20, 2023 (50:5 Md. R. 181)*
- *Authority: Environment Article, §2-901; Transportation Article, §2-103; Annotated Code of Maryland*
##### **COMAR 11.01.18.05** Period of Validity. {#sec-11.01.18.05 omnilex-key=us-md-regs-official--title-11--11.01.18.05}
A. A claim for a refund may not be filed after 3 years from the date of the tax, and, if the commuter tax credit is more than the State tax liability, the unused credit may not be carried forward to any other year.
B. For any fiscal year, the total amount of the tax credit certificates issued by the Department for the credit allowed may not exceed $1,000,000.
C. For taxable years beginning after December 31, 2012, the income tax credit is available only on an electronically filed income tax return for the tax year in which the credit is being claimed
**History**
- *Administrative History: Effective date: March 20, 2023 (50:5 Md. R. 181)*
- *Authority: Environment Article, §2-901; Transportation Article, §2-103; Annotated Code of Maryland*
##### **COMAR 11.01.18.06** Required Proofs. {#sec-11.01.18.06 omnilex-key=us-md-regs-official--title-11--11.01.18.06}
A. The Form 500CR section of the income tax return shall be completed.
B. State and Local Income Taxes Withheld. Form MW508CR shall be submitted with Form MW508, the Maryland Annual Employer Withholding Reconciliation Report, in order to claim this credit against Maryland income tax withheld. If the tax-exempt entity is required to file the MW508 electronically, then the MW508CR shall be filed with an amended MW508A, as the MW508CR is not available electronically at this time.
**History**
- *Administrative History: Effective date: March 20, 2023 (50:5 Md. R. 181)*
- *Authority: Environment Article, §2-901; Transportation Article, §2-103; Annotated Code of Maryland*
## **11.02.01** Applicability and Definitions
##### **COMAR 11.02.01.01** Applicability. {#sec-11.02.01.01 omnilex-key=us-md-regs-official--title-11--11.02.01.01}
A. These regulations apply to employees of the Transportation Service Human Resources System (Transportation Service) established under the authority of Transportation Article, §2-103.4, Annotated Code of Maryland.
B. Exceptions.
(1) These regulations do not apply to Maryland Transit employees who are included under a collective bargaining agreement.
(2) AG employees are subject only to COMAR 11.02.03 and 11.02.13.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .02B amended effective September 12, 1994 (21:18 Md. R. 1509); March 25, 1996 (23:6 Md. R. 476); October 7, 1996 (23:20 Md. R. 1424); March 26, 2007 (34:6 Md. R. 627); October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: State Personnel and Pensions Article, §2-106; Transportation Article, §§2-102, 2-103.4, and 7-201; Annotated Code of Maryland*
##### **COMAR 11.02.01.02** Definitions. {#sec-11.02.01.02 omnilex-key=us-md-regs-official--title-11--11.02.01.02}
A. In this subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the:
(a) Maryland Aviation Administration;
(b) Motor Vehicle Administration;
(c) State Highway Administration;
(d) Maryland Transportation Authority;
(e) Maryland Port Administration;
(f) Maryland Transit Administration; and
(g) Secretary's Office.
(2) “Administrator” means the:
(a) Secretary of Transportation;
(b) Deputy Secretary of Transportation;
(c) Administrators of the:
(i) Maryland Transit Administration,
(ii) Motor Vehicle Administration, and
(iii) State Highway Administration;
(d) Executive Director of the Maryland Aviation Administration;
(e) Executive Director of the Maryland Port Administration; and
(f) Executive Director of the Maryland Transportation Authority.
(2-1) “AG employee” means an employee who is compensated by the Department and who serves at the pleasure of and whose level of compensation is governed by the Attorney General.
(3) “Appointing authority” means the Secretary or the Secretary's designee.
(4) “Appointment” means the filling of a vacant position.
(5) Career Service Employee.
(a) “Career Service employee” means an employee of the Transportation Service who has been selected competitively and who, after completion of probation, may be dismissed only for cause.
(b) Notwithstanding the provisions of §B(16) of this regulation, “Career Service employees” includes secretarial staff who provide direct staff support to the offices of the administrators and who, immediately before the date of their conversion into Transportation Service, were:
(i) Classified service employees in the State Personnel Management System; or
(ii) Employees of the Maryland Transportation Authority, the Maryland Port Administration, or the Maryland Transit Administration, and who were removable only for cause.
(6) “Class” or “classification” means a grouping of one or more positions sufficiently similar with respect to duties, responsibilities, and qualifications so that the same descriptive title may be used to designate each position in that grouping.
(7) “Commission Plan employee” means an employee engaged in a marketing or sales activity, whose compensation method is based upon private sector practices for sales and marketing positions, and who serves at the pleasure of the appointing authority.
(8) “Contractual employee” means an employee whose conditions of employment and compensation are specified in a personal services contract.
(9) “Conversion” means the movement of individuals who are Department of Transportation employees into the Transportation Service, regardless of whether it is by simultaneous movement of employee and position, or by movement of an employee into a vacant position.
(10) “Day” means calendar day, unless otherwise defined in this subtitle.
(11) “Demotion” means a change from one class to another with a lower maximum rate of compensation which may result in the reduction of an employee's wages or salary.
(12) “Department” means the Maryland Department of Transportation, including the administrations.
(13) “Deputy Secretary” means the Deputy Secretary of Transportation.
(14) “Designee” means the representative of an appointing authority who has been delegated in writing certain powers of the appointing authority.
(15) “Emergency employee” means an employee who is hired for a period not to exceed 90 days and who does not receive leave or other fringe benefits.
(16) “Executive Service employee” means an employee of the Transportation Service who:
(a) Serves at the pleasure of the appointing authority; and
(b) Is compensated on either the executive or standard salary schedules of the Department, and either:
(i) Staffs a significant policy role,
(ii) Staffs a position that requires expert, unique, or specialized training or qualifications to which the Career Service selection procedures set forth in COMAR 11.02.02.02 do not apply or are not practical, or
(iii) Provides direct staff support to the offices of the administrators.
(17) “Fringe benefits” means any form of noncash compensation including, but not limited to, health insurance subsidies, retirement, or pension benefits.
(18) “Grievance” means a cause of complaint, unless otherwise provided for by law or regulation, arising between a Transportation Service employee and the Department of Transportation over the interpretation and application of Department regulations, rules, or policies over which management has control.
(19) “List of eligibles” means a list of applicants whose eligibility for employment in a specific classification has been certified as candidates by an MDOT Human Resources Office.
(20) “Party” means an employee having a grievance or other right of appeal under this subtitle or the employee's appointing authority or designee, or both.
(21) “Position” means a set of duties and responsibilities for a job funded under an approved budget and having an assigned position identification number (PIN).
(22) “Probation” means a trial work period at the beginning of an employee's tenure in a position during which an employee is evaluated.
(23) “Promotion” means a change from the current position into a vacant position in a different classification that has a higher maximum rate of compensation.
(24) “Reassignment” means the movement of a Transportation Service employee within an administration.
(25) “Reclassification” means the change of a position from one class to another class which more appropriately reflects the duties of the position and which may be at a higher, lower, or the same salary scale as the former position.
(26) “Reinstatement” means the reemployment of an individual who separated in good standing from the Department and the restoration of certain salary and leave benefits.
(27) “Secretary” means the Secretary of Transportation.
(28) “Temporary employee” means an employee who is hired for a limited period of time and who does not receive leave or other fringe benefits.
(29) “Transfer” means the movement of a Transportation Service employee between administrations.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .02B amended effective September 12, 1994 (21:18 Md. R. 1509); March 25, 1996 (23:6 Md. R. 476); October 7, 1996 (23:20 Md. R. 1424); March 26, 2007 (34:6 Md. R. 627); October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: State Personnel and Pensions Article, §2-106; Transportation Article, §§2-102, 2-103.4, and 7-201; Annotated Code of Maryland*
## **11.02.02** Hiring, Appointment, Promotion, and Resignation
##### **COMAR 11.02.02.01** Employee Categories. {#sec-11.02.02.01 omnilex-key=us-md-regs-official--title-11--11.02.02.01}
A. The Transportation Service may employ the categories of employees set forth in §§B—G of this regulation.
B. Career Service Employees. Career service is intended to facilitate a career commitment. Employees appointed as Career Service employees shall be hired from a competitive list of eligibles. Upon satisfactory completion of a required probation period, employees may only be terminated for cause.
C. Executive Service Employees. Employees appointed as Executive Service employees shall be hired based on their experience or other relevant qualifications for the position. Executive Service employees serve at the pleasure of the appointing authority.
D. Temporary Employees.
(1) Employees appointed as temporary employees shall:
(a) Be hired for a specific period not to exceed 12 months or the limits established under a special employment program, such as a student intern program; and
(b) Meet the minimum qualifications for the classification for which they are appointed.
(2) Temporary employees serve at the pleasure of the appointing authority, and are compensated only by cash compensation.
E. Commission Plan Employees. Commission Plan employees are appointed to positions comparable to those in private industry and serve at the pleasure of the appointing authority. The compensation method shall be based upon accepted private sector practices to include a base salary plus commissions earned by achieving goals that relate directly to additional sales volume or enhanced net revenue.
F. Contractual Employees. Employees appointed as contractual employees shall be hired on a personal services contract based on their qualifications. Conditions of their employment and compensation shall be specified in the contract. Total compensation includes cash, leave, and benefits, exclusive of pension or retirement benefits, and shall be the same for same classifications. However, the combination of cash, leave, and benefits may be varied according to the needs of the contract.
G. Emergency Employees. Employees shall be appointed on an emergency basis only for a period not to exceed 90 days and compensated only by cash compensation.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .02O amended effective March 15, 2004 (31:5 Md. R. 450)*
- *Administrative History: Regulation .03D amended and .03E and F adopted effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03E amended effective December 22, 2003 (30:25 Md. R. 1848)*
- *Administrative History: Regulation .05J amended effective March 9, 2009 (36:5 Md. R. 423)*
- *Administrative History: Regulation .05K adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .06C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .08 adopted effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .09 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Authority: Transportation Article, §§2-102, 2-103.4, and 7-201; State Personnel and Pensions Article, §2-106; Annotated Code of Maryland*
##### **COMAR 11.02.02.02** Career Service Examinations and Selections. {#sec-11.02.02.02 omnilex-key=us-md-regs-official--title-11--11.02.02.02}
A. Except as provided under §O of this regulation, Career Service positions shall be filled competitively.
B. Examination methods shall be job related, and may only assess the applicant's job-related skills, knowledge, abilities, education, and experience. Examinations may be specific to a particular position, a class, or a classification series.
C. A written selection plan shall be established which sets forth the steps in the recruitment, examination, and selection process, their relative value in the total process, and the sequence of the steps.
D. Lists of eligibles shall be established which group job candidates into categories. The categories shall range from the qualified to the best qualified.
E. Geographic Area Limitation. Applicants shall select those geographic areas for which they wish to be considered.
F. An appointing authority shall select a candidate from the highest rating category of a list of eligibles, except as specified in §H of this regulation or if the highest rating category contains an insufficient number of candidates. Selection may be further limited to those applicants who have elected to work in the areas in which the positions' functions are performed.
G. An appointing authority may select a job candidate for a vacant Career Service position from a listing of qualified candidates supplied by the Human Resources Office. If an appointing authority or the appointing authority's designee cannot make an adequate selection from among those candidates, the appointing authority shall document the reasons and may request the Human Resources Office to provide additional job candidates from the list of eligibles.
H. Job Specific Selections. An appointing authority who is filling a vacant Career Service position that requires specific job skills not found among job candidates on the existing list of eligibles shall document the reasons for not filling the position from the existing list of eligibles, and may request the Human Resources Office to establish a list of job candidates who possess the specific job skills required.
I. Before selection, candidates on the list of eligibles may be required to demonstrate other job-related qualifications for the specific job to be filled.
J. Removal from Lists of Eligibles.
(1) A candidate shall be removed from a list of eligibles:
(a) For deceptive or fraudulent conduct or other misconduct in the employment process;
(b) For failing to respond to two notices for interviews; or
(c) If the candidate is selected for a position from the list of eligibles.
(2) A candidate shall be removed from a list of eligibles for a geographic area the candidate selected in accordance with §E of this regulation if the candidate declines because of location to consider a job opportunity in that geographic area.
K. Promotional Selections. An appointing authority may limit the selection of a candidate to fill a vacant Career Service position to a list of State, Department of Transportation, or administration employees.
L. Employees in positions in the Department immediately before their conversion into the Transportation Service may be converted into the Career Service without competitive examination or selection.
M. A contractual employee who was awarded a contract following a competitive examination and selection process as specified in §§B and C of this regulation may be placed in a Career Service vacancy which is the same or substantially the same without being subject to further competition.
N. In the design of its selection plan for a vacant Career Service position, an appointing authority may use an eligible list certified for a unique classification under the authority of State Personnel and Pensions Article, §4-302, Annotated Code of Maryland, if the eligible list was certified before the date of the administration's incorporation into the Transportation Service. Notwithstanding any regulation to the contrary, the eligible list shall remain in full force and effect until the date of its expiration, and the relative standing of eligibles may not be affected except when a clerical error or fraudulent act has tainted an examination score.
O. Career Service positions may be exempt from competitive examinations and use of eligible lists if the positions are entry level, trainee level, or occupations that require minimal experience:
(1) That have been determined by the Director, Office of Human Resources at the Secretary's office; and
(2) For which the Director, Office of Human Resources at the Secretary's office has determined that competitive examinations are either impractical or cannot validly evaluate candidates' abilities and knowledge.
P. For any position exempted from the use of competitive examinations and lists of eligibles by §O of this regulation, the position is to be filled in accordance with a selection plan setting forth how candidates shall be recruited and screened for interviews and the relative value of factors to be considered in the selection.
**Cross References**
11.02.02.03C
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .02O amended effective March 15, 2004 (31:5 Md. R. 450)*
- *Administrative History: Regulation .03D amended and .03E and F adopted effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03E amended effective December 22, 2003 (30:25 Md. R. 1848)*
- *Administrative History: Regulation .05J amended effective March 9, 2009 (36:5 Md. R. 423)*
- *Administrative History: Regulation .05K adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .06C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .08 adopted effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .09 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Authority: Transportation Article, §§2-102, 2-103.4, and 7-201; State Personnel and Pensions Article, §2-106; Annotated Code of Maryland*
##### **COMAR 11.02.02.03** Career Service Promotion. {#sec-11.02.02.03 omnilex-key=us-md-regs-official--title-11--11.02.02.03}
A. The Transportation Service shall provide notice to current employees of promotional job recruiting opportunities through the posting of job vacancy notices and test schedules on bulletin boards and through other appropriate recruiting methods.
B. Transportation Service promotional practices shall be in accordance with applicable federal and State equal opportunity laws and regulations.
C. An appointing authority may limit the selection of employees for promotion to Transportation Service vacancies to current Department of Transportation employees as provided for in Regulation .02 of this chapter.
D. Commission Plan, Executive Service, contractual, and temporary employees with at least 6 months service are entitled to promotional status for purposes of examination and selection.
E. Career Service employees with at least 6 months service are entitled to promotional status for purposes of examination and selection.
F. Other Department employees who have 6 months of service in a position and, if applicable, have completed an original probation period, are entitled to promotional status for purposes of examination and selection.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .02O amended effective March 15, 2004 (31:5 Md. R. 450)*
- *Administrative History: Regulation .03D amended and .03E and F adopted effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03E amended effective December 22, 2003 (30:25 Md. R. 1848)*
- *Administrative History: Regulation .05J amended effective March 9, 2009 (36:5 Md. R. 423)*
- *Administrative History: Regulation .05K adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .06C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .08 adopted effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .09 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Authority: Transportation Article, §§2-102, 2-103.4, and 7-201; State Personnel and Pensions Article, §2-106; Annotated Code of Maryland*
##### **COMAR 11.02.02.04** Resignation. {#sec-11.02.02.04 omnilex-key=us-md-regs-official--title-11--11.02.02.04}
A. Notice. An employee may resign a position by providing at least 2 weeks notice, or a lesser time period if acceptable, to the appointing authority. Failure to provide an acceptable notice period may be grounds for issuing a notice of disqualification for future employment.
B. Automatic Resignation. An employee who does not report to work or provide notice to the supervisor of the reason for an absence from work for 5 consecutive workdays is considered to have resigned effective as of the last day of work. Automatic resignation may be considered grounds for issuing a notice of disqualification for future employment.
C. An Executive Service or Commission Plan employee who resigns may be granted severance pay at the discretion of the Secretary.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .02O amended effective March 15, 2004 (31:5 Md. R. 450)*
- *Administrative History: Regulation .03D amended and .03E and F adopted effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03E amended effective December 22, 2003 (30:25 Md. R. 1848)*
- *Administrative History: Regulation .05J amended effective March 9, 2009 (36:5 Md. R. 423)*
- *Administrative History: Regulation .05K adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .06C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .08 adopted effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .09 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Authority: Transportation Article, §§2-102, 2-103.4, and 7-201; State Personnel and Pensions Article, §2-106; Annotated Code of Maryland*
##### **COMAR 11.02.02.05** Probation. {#sec-11.02.02.05 omnilex-key=us-md-regs-official--title-11--11.02.02.05}
A. Career Service employees initially hired into the Transportation Service shall serve a 6-month probation period, unless another period is specified before recruitment for the position. A supervisor, with the concurrence of the appointing authority or the appointing authority's designee, may extend the probation period for an additional period not to exceed the length of the original probation period, or may shorten the probation period.
B. A Career Service employee who is promoted is required to serve a probation period in the new classification not to exceed 6 months, unless another period is specified before recruitment for the position. A supervisor may, with the concurrence of the appointing authority or the appointing authority's designee, extend the promotional probation period for an additional period not to exceed the length of the original promotional probation period, or may shorten the probation period.
C. An employee reinstated into a classification other than the employee's former classification may be required to serve a 6-month probation, unless another period is specified before recruitment for the position. A supervisor, with the concurrence of the appointing authority or the appointing authority's designee, may extend the probation period for an additional period not to exceed the length of the original probation, or may shorten the probation period.
D. Current Department employees who convert into the Transportation Service and who have satisfactorily completed a probation period are not required to serve an additional probation period as a result of the conversion.
E. Current Department employees who are on probation and who convert into the Transportation Service shall serve probation under its original terms.
F. An employee who, in the judgment of the supervisor, is not satisfactorily performing the job duties may be rejected from a Career Service position with the Transportation Service with the concurrence of the appointing authority.
G. An employee rejected on probation shall be provided at least 2 weeks notice unless, in the judgment of the appointing authority, the employee's continued presence on the job would be contrary to the best interests of the Department.
H. Written Notice. The appointing authority shall provide the employee, in writing, with the reason or reasons for the rejection on probation, the effective date of the rejection on probation, and the appropriate appeal routes, including the time frame for appeal to the Office of Administrative Hearings.
I. An employee rejected on promotional probation shall be returned to the employee's previous position if vacant. If the previous position is not vacant, the appointing authority, at the appointing authority's discretion, may place the employee in any vacancy in the previous classification.
J. Appeal of Rejection on Probation.
(1) An employee may appeal a rejection on probation in writing to the Office of Administrative Hearings, with a copy to the appointing authority, within 5 work days of receipt of the written notice of rejection. Work days do not include Saturdays, Sundays, and observed holidays. The Secretary of Budget and Management or a designated representative shall allow either party 15 days from the date of the Office of Administrative Hearings' proposed decision to file exceptions to the proposed decision.
(2) A police officer serving an initial probationary period as a police officer, or a rejected employee serving a probation period as set forth in §A or C of this regulation, shall be afforded an opportunity for a hearing which is limited to the legal and constitutional basis for the rejection.
(3) A rejected employee serving a promotional probation period as set forth in §B of this regulation shall be offered a hearing on the merits of the rejection.
(4) The burden of proof in an appeal of rejection on probation is as set forth in COMAR 11.02.08.10J.
K. Police officers initially hired into the Transportation Service may be required by the appointing authority to serve a 2-year probationary period, and may be promoted during the probationary period at the discretion of the appointing authority.
**Cross References**
11.02.08.08A
11.02.08.08C
11.02.08.10K(3)(b)
11.02.08.10K(3)(c)
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .02O amended effective March 15, 2004 (31:5 Md. R. 450)*
- *Administrative History: Regulation .03D amended and .03E and F adopted effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03E amended effective December 22, 2003 (30:25 Md. R. 1848)*
- *Administrative History: Regulation .05J amended effective March 9, 2009 (36:5 Md. R. 423)*
- *Administrative History: Regulation .05K adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .06C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .08 adopted effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .09 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Authority: Transportation Article, §§2-102, 2-103.4, and 7-201; State Personnel and Pensions Article, §2-106; Annotated Code of Maryland*
##### **COMAR 11.02.02.06** Service Credits. {#sec-11.02.02.06 omnilex-key=us-md-regs-official--title-11--11.02.02.06}
A. An employee of the Department who converts into the Transportation Service shall retain credit for years of service credited by the Department to the employee at the time of conversion.
B. State employees who are hired into the Transportation Service shall receive credit for years of State service.
C. Contractual and temporary employees who are hired into a Transportation Service position shall receive service and leave earning rate credit for the period of their uninterrupted contractual, temporary, or contractual and temporary service which took place immediately before their appointment to a Transportation Service position.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .02O amended effective March 15, 2004 (31:5 Md. R. 450)*
- *Administrative History: Regulation .03D amended and .03E and F adopted effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03E amended effective December 22, 2003 (30:25 Md. R. 1848)*
- *Administrative History: Regulation .05J amended effective March 9, 2009 (36:5 Md. R. 423)*
- *Administrative History: Regulation .05K adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .06C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .08 adopted effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .09 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Authority: Transportation Article, §§2-102, 2-103.4, and 7-201; State Personnel and Pensions Article, §2-106; Annotated Code of Maryland*
##### **COMAR 11.02.02.07** Voluntary Demotion. {#sec-11.02.02.07 omnilex-key=us-md-regs-official--title-11--11.02.02.07}
An employee may request a voluntary demotion without prejudice, which may be granted at the discretion of the appointing authority or the appointing authority's designee.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .02O amended effective March 15, 2004 (31:5 Md. R. 450)*
- *Administrative History: Regulation .03D amended and .03E and F adopted effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03E amended effective December 22, 2003 (30:25 Md. R. 1848)*
- *Administrative History: Regulation .05J amended effective March 9, 2009 (36:5 Md. R. 423)*
- *Administrative History: Regulation .05K adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .06C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .08 adopted effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .09 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Authority: Transportation Article, §§2-102, 2-103.4, and 7-201; State Personnel and Pensions Article, §2-106; Annotated Code of Maryland*
##### **COMAR 11.02.02.08** Background Investigation. {#sec-11.02.02.08 omnilex-key=us-md-regs-official--title-11--11.02.02.08}
A. The appointing authority or the appointing authority's designee shall make a determination regarding the necessity of investigating the background of n eligible individual for purposes of verification of suitability for employment. When appropriate and job-related, areas of investigation may include, but are not limited to, employment history, academic credentials, military records, criminal conviction records, and personal references.
B. In conducting the background investigation, the appointing authority or the appointing authority's designee shall:
(1) Provide written notification to the eligible individual that:
(a) A background investigation may be conducted; and
(b) Consequences for fraudulent or irregular information may include, but are not limited to, nonselection, removal from the list of eligibles, termination of employment in situations where employment has begun, and criminal prosecution; and
(2) Obtain a release of information form signed by the eligible individual.
C. The appointing authority or the appointing authority's designee may investigate the qualifications and background of an individual who has been offered or appointed to a position. If the appointing authority or the appointing authority's designee discovers that the individual provided fraudulent or irregular information in taking an examination or in any part of the appointment process, the appointing authority may take any of the following actions before the individual begins work:
(1) Remove the individual from the eligibility list;
(2) Withdraw the offer; or
(3) Withdraw the appointment.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .02O amended effective March 15, 2004 (31:5 Md. R. 450)*
- *Administrative History: Regulation .03D amended and .03E and F adopted effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03E amended effective December 22, 2003 (30:25 Md. R. 1848)*
- *Administrative History: Regulation .05J amended effective March 9, 2009 (36:5 Md. R. 423)*
- *Administrative History: Regulation .05K adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .06C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .08 adopted effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .09 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Authority: Transportation Article, §§2-102, 2-103.4, and 7-201; State Personnel and Pensions Article, §2-106; Annotated Code of Maryland*
##### **COMAR 11.02.02.09** Denial of Promotional Opportunity While on Sick or Maternity Leave. {#sec-11.02.02.09 omnilex-key=us-md-regs-official--title-11--11.02.02.09}
A. Applicability. This regulation applies to all Transportation Service employees except contractual employees.
B. An employee may not be denied the opportunity to seek, qualify for, or receive any promotion solely because the employee is on leave for maternity reasons or on leave due to illness or injury, if the employee is expected to return to work 60 days after receiving a request to call for an interview for the position.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .02O amended effective March 15, 2004 (31:5 Md. R. 450)*
- *Administrative History: Regulation .03D amended and .03E and F adopted effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03E amended effective December 22, 2003 (30:25 Md. R. 1848)*
- *Administrative History: Regulation .05J amended effective March 9, 2009 (36:5 Md. R. 423)*
- *Administrative History: Regulation .05K adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .06C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .08 adopted effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .09 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Authority: Transportation Article, §§2-102, 2-103.4, and 7-201; State Personnel and Pensions Article, §2-106; Annotated Code of Maryland*
## **11.02.03** Leave Benefits
##### **COMAR 11.02.03.01** Definitions. {#sec-11.02.03.01 omnilex-key=us-md-regs-official--title-11--11.02.03.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Allotted leave” means a benefit which the Department is either required to provide, for example, personal leave, or which the Department has the option of providing, for example, advanced sick leave.
(1-1) “Disaster service leave” means leave with pay that may be allotted to an employee to serve during a disaster.
(1-2) “Donated leave” means leave donated under the Employee-to-Employee Leave Donation Program specified in Regulation .15 of this chapter by one employee to another employee for a serious and prolonged medical condition.
(2) “Earned leave” means a benefit which an employee obtains by performing work, for example, annual leave.
(3) “Employee” means a member of the Career Service, Commission Plan, or Executive Service.
(4) “Full-time employee” means an employee whose standard workweek is at least 40 hours during a 7-day period between Wednesday and Tuesday.
(5) “Leave” means an approved absence from work, with a minimum use rate of 0.1 hour.
(5-1) “Leave bank leave” means leave granted to an employee who is a member of the State Employees' Leave Bank, as specified in Regulation .15 of this chapter, for a serious and prolonged medical condition.
(6) “Leave with pay” means leave during which an employee receives compensation.
(7) “Leave without pay” means leave during which an employee does not receive cash compensation.
(8) “Overtime” means time spent performing work in excess of 40 hours during a 7-day period between Wednesday and Tuesday or in excess of a tour of duty designated by the appointing authority or the appointing authority's designee for law enforcement or fire protection personnel.
(9) “Part-time employee” means an employee whose standard work hours are less than 40 hours per workweek, and whose fringe benefits are prorated to the extent applicable by law.
(10) “Workday” means the number of hours specified by an appointing authority or the appointing authority's designee in an employee work schedule.
**Cross References**
11.02.08.03B(2)
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)*
- *Administrative History: Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)*
- *Administrative History: Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)*
- *Administrative History: Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)*
- *Administrative History: Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)*
- *Administrative History: Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.03.02** Leave Approval. {#sec-11.02.03.02 omnilex-key=us-md-regs-official--title-11--11.02.03.02}
A. The appointing authority or the appointing authority's designee shall establish written procedures for requesting leave, approval of leave, and notification of absence, and shall ensure that each employee is given notice of the procedures.
B. Emergency Use of Sick Leave. In medical emergencies, accumulated sick leave may be used without prior approval. The employee's supervisor shall be notified of the emergency as soon as possible.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)*
- *Administrative History: Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)*
- *Administrative History: Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)*
- *Administrative History: Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)*
- *Administrative History: Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)*
- *Administrative History: Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.03.03** Annual Leave. {#sec-11.02.03.03 omnilex-key=us-md-regs-official--title-11--11.02.03.03}
A. Annual leave is a form of earned leave with pay.
B. Eligibility.
(1) An employee is eligible to earn annual leave as set forth in §C of this regulation.
(2) Use of Annual Leave.
(a) With appropriate approval, an employee with at least 6 months of service may use accumulated annual leave for any purpose.
(b) Employees with less than 6 months of service may not use annual leave.
C. Rates of Earning. Employees shall earn annual leave at the following rates:
(1) Upon employment and through the completion of the 5th year of service, an employee shall earn annual leave at the rate of 1.0 hour of leave for each 26 hours worked, and may not earn more than 10 days of annual leave per calendar year;
(2) From the beginning of the 6th year of service through the completion of the 10th year, an employee shall earn annual leave at the rate of 1.5 hours of leave for each 26 hours worked, and may not earn more than 15 days of annual leave per calendar year;
(3) From the beginning of the 11th year of service through the completion of the 20th year, an employee shall earn annual leave at the rate of 2 hours of leave for each 26 hours worked, and may not earn more than 20 days of annual leave per calendar year;
(4) With the exception of §C(5) of this regulation, beginning with the 21st year of service and continuing after that, an employee shall earn 2.5 hours of annual leave for each 26 hours worked, and may not earn more than 25 days of annual leave per calendar year.
(5) A Department employee who, as of the date of conversion into the Transportation Service, is earning annual leave at a rate greater than that set forth in §C(1)—(4) of this regulation, shall continue to earn annual leave at the former rate or a higher rate if eligible until separation from employment with the Department;
(6) For annual leave earning rate purposes, a former Department employee's entrance on duty date shall be adjusted upon reinstatement to allow for the same earning power date that was in effect at the time of separation.
(7) Periods of paid leave, except for extended sick leave and advanced sick leave shall be included in hours worked for the purpose of calculating annual leave earnings.
D. Limitations Applying to the Calculation of Annual Leave Earnings.
(1) Overtime hours worked may not be used to compute annual leave earnings for full-time employees.
(2) Hours worked beyond the maximum allowed by the percentage of employment for a part-time employee's position may not be used to compute annual leave earnings.
E. Accumulation of Forwarding of Annual Leave Earnings. A maximum of 75 days or 600 hours of annual leave may be carried into a new calendar year.
F. Transferring Annual Leave.
(1) An employee of another State department or agency who is hired into the Transportation Service without a break in service may transfer a maximum of 70 days of accumulated annual leave.
(2) An employee who separates from the Department and is hired without a break in service by another State department or agency shall transfer any accumulated annual leave up to the maximum allowed by that State department or agency.
G. Payment Upon Separation.
(1) An employee of the Department with at least 6 months of continuous service who separates from State employment shall be paid for unused, accumulated annual leave based on the remaining number of unused annual leave days that were accrued at the end of the previous calendar year, not exceeding 50 days or 400 hours of the total, plus the remaining number of unused annual leave days that were accrued during the calendar year in which the employee's State employment terminates.
(2) The amount paid shall equal the last permanent hourly rate multiplied by the number of annual leave hours available at the time of separation after calculating the amount under §G(1) of this chapter.
H. A previous State employee, who is hired into the Transportation Service within 5 years from the date of separation from State service, shall be entitled to restoration of leave earning rates based on years of former service.
I. Forfeiture. Accumulated and unused annual leave in excess of the amounts specified in §§D(2) and E of this regulation shall be forfeited.
J. The Secretary may, under extraordinary circumstances, compensate employees who lose annual leave.
**Cross References**
11.02.03.12A(1)
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)*
- *Administrative History: Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)*
- *Administrative History: Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)*
- *Administrative History: Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)*
- *Administrative History: Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)*
- *Administrative History: Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.03.04** Personal Leave. {#sec-11.02.03.04 omnilex-key=us-md-regs-official--title-11--11.02.03.04}
A. Personal leave is a form of allotted leave with pay.
B. Allotment.
(1) A full-time employee shall be allotted 7 days of personal leave per calendar year.
(2) A full-time employee hired after June 30 of a calendar year shall be allotted 3 personal leave days for that calendar year.
(3) A full-time employee hired after November 30 of a calendar year shall be allotted 1 personal leave day for that calendar year.
(4) For each calendar year that is a leap year, a full-time employee shall be allotted 8 days of personal leave.
(5) A part-time employee shall be allotted a percentage of personal leave equal to the percentage that the employee's part-time position is funded.
(6) An employee may not be allotted personal leave while the employee is on extended sick leave.
C. Use of Personal Leave.
(1) With appropriate approval, an employee may use personal leave for any purpose.
(2) Each administration shall establish written procedures for the approval of personal leave. The Secretary shall approve the written procedures.
(3) Approval may be denied only if the denial is necessary as a result of a critical shortage of staff.
D. Accumulation.
(1) Personal leave may not be accumulated.
(2) Unused personal leave shall be forfeited at the end of each calendar year, or upon termination of employment with the State.
E. Transfer of Personal Leave.
(1) An employee who is hired without a break in service by another State department or agency may transfer unused personal leave up to the limits allowed by that department or agency. Unused personal leave in excess of the amount authorized to be transferred shall be forfeited.
(2) An employee who is hired by the Department from another State department or agency without a break in service may not transfer any unused personal leave, but shall be allotted personal leave based on the date of hire.
F. Reinstatement.
(1) An employee who is reinstated into the Transportation Service before June 30 of the same calendar year in which the employee left shall be credited with the employee's unused personal leave.
(2) An employee who is reinstated into the Transportation Service after June 30 of the same calendar year in which the employee left shall be credited with a maximum of 3 days of the employee's unused personal leave.
(3) An employee who is reinstated into the Transportation Service after November 30 of the same calendar year in which the employee left shall be credited with a maximum of 1 day of the employee's unused personal leave.
G. Payment for Unused Personal Leave.
(1) An employee who has perfect attendance for a full calendar year shall be paid for all unused personal leave up to a maximum of 3 days, based on the amount of personal leave that was not used in the calendar year.
(2) For an employee to have perfect attendance, the employee may not have:
(a) Used earned or allotted sick leave, except for a death in the family;
(b) Used work injury leave;
(c) Been placed on disciplinary suspension or disciplinary loss of leave;
(d) Been on leave without pay; or
(e) Used annual or compensatory leave which was not requested and approved before the end of the employee's previous shift, unless the:
(i) Leave was taken under officially declared liberal leave, or
(ii) Employee reported to work and the leave was approved by the supervisor.
(3) The appointing authority or the appointing authority's designee may grant payment under this section to an employee whose lack of perfect attendance is solely and directly attributed to a disability as defined in the Americans With Disabilities Act of 1990, 42 U.S.C. §§12101—12213.
(4) Payment under this section is subject to the budgetary constraints of the Department.
**Cross References**
11.02.03.12A(2)
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)*
- *Administrative History: Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)*
- *Administrative History: Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)*
- *Administrative History: Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)*
- *Administrative History: Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)*
- *Administrative History: Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.03.05** Holiday Leave. {#sec-11.02.03.05 omnilex-key=us-md-regs-official--title-11--11.02.03.05}
A. Holiday leave is a form of allotted leave with pay.
B. Observed Holidays. The holidays observed by the Department are:
(1) New Year's Day — January 1;
(2) Dr. Martin Luther King, Jr.'s Birthday — January 15, unless the United States Congress designates another day;
(3) Presidents' Day — third Monday in February;
(4) Memorial Day — May 30, unless the United States Congress designates another day;
(5) Juneteenth National Independence Day — June 19, unless the United States Congress designates another day;
(6) Independence Day — July 4;
(7) Labor Day — first Monday in September;
(8) Columbus Day — October 12, unless the United States Congress designates another day;
(9) Veterans' Day — November 11;
(10) Thanksgiving Day — fourth Thursday in November;
(11) Christmas Day — December 25.
C. In addition to the holidays identified in §B of this regulation, employees are authorized to use holiday leave for all days of general and congressional elections, but not primary elections, throughout the State, and each other day that the President of the United States or the Governor designates for the general cessation of business.
D. Part-time employees are allotted holiday leave computed on the basis of the funded percentage of their part-time positions.
E. Conditions Affecting the Allotment and Use of Holiday Leave.
(1) Holidays Falling on a Weekend. If a holiday falls on a Saturday, the Friday immediately preceding is considered and treated as a holiday. If a holiday falls on a Sunday, the following Monday is considered and treated as a holiday.
(2) Requirements for Essential Services. In units providing 7-day-a-week service, holidays shall be scheduled by the appointing authority or the appointing authority's designee.
(3) Working on Holidays. An employee who is required to work on a scheduled holiday, as set forth in §B of this regulation, shall be compensated either by cash overtime or compensatory leave, depending upon the employee's eligibility as determined by the Secretary or the Secretary's designee in accordance with standards established by the Fair Labor Standards Act.
(4) Employees on Advanced and Extended Sick Leave.
(a) Employees on advanced sick leave shall be allotted holiday leave.
(b) Employees on extended sick leave shall not be allotted holiday leave.
(5) Work Status. To be entitled to holiday leave, an employee shall be in a paid status on either the scheduled workday before or the scheduled workday after the holiday is observed.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)*
- *Administrative History: Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)*
- *Administrative History: Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)*
- *Administrative History: Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)*
- *Administrative History: Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)*
- *Administrative History: Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.03.06** Compensatory Leave. {#sec-11.02.03.06 omnilex-key=us-md-regs-official--title-11--11.02.03.06}
A. Compensatory leave is a form of earned leave with pay.
B. Eligibility and Use of Compensatory Leave.
(1) Employees designated by the Secretary or the Secretary's designee may earn compensatory leave which, with appropriate approval, may be used for any purpose.
(2) Employees in the standard pay plan who are exempt under the Fair Labor Standards Act shall earn compensatory leave for any time worked in excess of the normal workday if the employee worked at least 1/2 hour in excess of the normal workday, including the first 1/2 hour.
(3) At the discretion of the Secretary, employees eligible for cash overtime, and who have been designated by the Secretary or the Secretary's designee as eligible to elect to earn compensatory time, may choose to earn and use compensatory time in accordance with written criteria established by the Secretary and consistent with the Fair Labor Standards Act.
(4) Employees who are included in the Department's executive salary plan at ES levels up through and including ES grade 5, or compensated at an equivalent flat rate, shall earn compensatory leave for any time worked in excess of the first hour beyond their normal workday, including the first hour.
(5) Employees who are included in the Department's executive salary plan at the ES-6 level and above, or compensated at an equivalent flat rate, shall earn 1 compensatory leave day for working 5 or more hours on an observed holiday, and may not earn other compensatory leave.
(6) The use of compensatory leave by AG employees shall be in accordance with policies set by the Attorney General.
C. Transferring Compensatory Leave. An employee who transfers from one administration to another within the Department may transfer any accumulated compensatory leave earnings.
D. Subject to Regulation .14 of this chapter, upon separation from the Department, an employee shall be paid for up to 25 percent of unused compensatory leave, and payment for unused compensatory leave may not exceed 5 days.
E. Compensatory leave not used is forfeited 1 year from the date earned.
F. An employee converting into the Transportation Service may transfer all accumulated compensatory leave. Transferred compensatory leave not used is forfeited 1 year from the original date earned.
G. The Secretary may, under extraordinary circumstances, compensate employees who lose compensatory leave. The Secretary shall establish written criteria and procedures for the payment of unused compensatory leave.
**Cross References**
11.02.03.12A(3)
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)*
- *Administrative History: Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)*
- *Administrative History: Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)*
- *Administrative History: Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)*
- *Administrative History: Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)*
- *Administrative History: Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.03.07** Sick Leave. {#sec-11.02.03.07 omnilex-key=us-md-regs-official--title-11--11.02.03.07}
A. Types of Sick Leave.
(1) Definition. “Occurrence” means each period of sick leave, regardless of duration, used for the reasons set forth in §B(2) of this regulation.
(2) Sick leave is a form of earned leave with sick pay.
(3) Advanced and extended sick leave are forms of allotted leave with sick pay.
(4) Payment for sick leave, advanced sick leave, or extended sick leave taken for the employee's personal illness, injury, or medical disability constitutes a separate benefit on account of sickness, and is not a continuation of salary.
B. Eligibility.
(1) Rate of Earning and Accumulation.
(a) Upon employment, an employee shall earn 1.5 hours of sick leave for each 26 hours worked, and may accumulate up to 15 days of sick leave per calendar year.
(b) Periods of paid leave, except for extended sick leave, advanced sick leave, donated leave, and leave bank leave, are to be included in hours worked for the purpose of calculating sick leave earnings.
(2) Use. With appropriate notification, an employee may use accumulated sick leave for:
(a) Injury, illness, or other medical disability;
(b) A medical or dental appointment for the employee or immediate family member, that is, an employee's spouse, child, parent or a parent of an employee's spouse, others who took the place of parents, brothers and sisters of an employee or an employee's spouse, and other relatives living as members of the employee's household;
(c) Medical care and treatment of an employee's immediate family; or
(d) Any other use authorized by this regulation.
(3) Care of Newborn or Adoptive Child.
(a) An employee may use one occurrence of earned sick leave without the necessity for medical certification to care for the employee's newborn child or to care for a child placed with the employee for purposes of adoption.
(b) The sick leave taken:
(i) Shall be consecutive workdays;
(ii) May be used only within 1 year from the date of the birth or placement for purposes of adoption of a child; and
(iii) May not exceed 20 workdays.
(c) Additional time needed to care for a child requiring more than the 20 days of care allowed by §B(3)(b)(iii) of this regulation may be requested under other leave provisions.
C. Limitation Applying to the Calculation of Sick Leave Earnings. Hours worked in excess of hours regularly scheduled in a normal workweek may not be applied in computing sick leave earnings.
D. There is no limitation on the amount of unused sick leave which an employee may carry forward from one calendar year to another.
E. Transferring Sick Leave. A Department employee converting into the Transportation Service, or an employee in State service who is hired into the Transportation Service from another State department or agency, shall transfer any advanced sick leave obligations, and may transfer any unused sick leave.
F. Restoration of Sick Leave.
(1) Upon reinstatement within 2 years, a former Department employee is entitled to restoration of unused sick leave.
(2) A previous State employee who is hired into the Transportation Service within 2 years from the date of separation from State service is entitled to restoration of unused sick leave.
G. Sick Leave Certificates.
(1) Definition. In this section, “sick leave certificate” means a written certification from individuals specified in §G(6) of this regulation which verifies any illness of an employee or illness of a member of the employee's immediate family which necessitates the employee's absence from work for a specified period of time.
(2) 5-Day Sick Leave Certificates.
(a) An employee shall submit an original 5-day sick leave certificate signed as specified in §G(6) of this regulation for any illness requiring an absence from work for 5 or more consecutive workdays. The certificate shall specify the period covered by the illness and the prognosis regarding the employee's ability to return to work.
(b) An employee shall submit an original 5-day sick leave certificate verifying the necessity for an absence of 5 or more consecutive workdays from work when the absence is required in connection with the care and treatment of an employee's immediate family member.
(3) 1-Occurrence Sick Leave Certificates.
(a) If an employee has been absent from work for 6 or more undocumented occurrences within a 12-month period for causes requiring the use of earned sick leave, the appointing authority or the appointing authority's designee may require an employee to submit a 1-occurrence sick leave certificate to verify any subsequent use of earned sick leave for 1 or more occurrences.
(b) The requirement to submit a 1-occurrence sick leave certificate applies for a period of at least 6 months.
(c) An employee shall be provided with a written notice stating the starting and ending dates for the period during which 1-occurrence sick leave certificates are required.
(4) Other Sick Leave Certificate Submission Requirements. When an illness of 1 day or more occurs during a period of previously approved annual, personal, or compensatory leave, the use of sick leave to cover the period of illness may be authorized, if the employee presents a sick leave certificate.
(5) Limitations on Requiring 1-Occurrence Sick Leave Certificates. Use of sick leave in connection with a medical appointment for an employee, a death in an employee's family, a birth of an employee's child, or an adoption may not be included as a sick leave occurrence for the purpose of establishing a 1-occurrence sick leave certificate requirement.
(6) Sick Leave Certificate Authentication. Original sick leave certificates shall be signed or certified by one of the following or their designee:
(a) Licensed physician;
(b) Accredited Christian Science practitioner;
(c) Physical therapist;
(d) Clinical psychologist;
(e) Dentist;
(f) Oral surgeon;
(g) Chiropractor;
(h) Podiatrist;
(i) Certified nurse practitioner;
(j) Certified nurse midwife;
(k) Licensed clinical social worker; or
(l) Optometrist.
H. Advanced Sick Leave.
(1) Advanced sick leave is a form of allotted leave with pay, and shall be repaid.
(2) Eligibility.
(a) An employee with a minimum of 1 year of continuous State service at the time of the request who has exhausted all accumulated annual, personal, sick, and compensatory leave available may request an allotment and use of up to 60 working days of advanced sick leave within a 24-month period for a serious health condition, as defined in COMAR 11.02.13.02B(14).
(b) The initial 24-month period begins with the first allotment of advanced sick leave while employed in the Transportation Service.
(c) An employee's total advanced sick leave debt may not exceed 60 days at any one time.
(d) A minimum of 10 working days of advanced sick leave shall be granted to an employee.
(e) An employee who will be unable to return to work at any time is no longer eligible for advanced sick leave.
(f) An employee who has been advanced the maximum 60 days of advanced sick leave may not be allotted more until the 60 days has been repaid.
(g) An employee may not be allotted an amount of advanced sick leave which would bring the employee's total time out to 1 year or more. For purposes of the 1-year maximum time out, an employee shall return to work for a continuous period of 160 hours, not counting holidays, leave, or scheduled time off.
(3) An employee on advanced sick leave may not earn annual leave.
(4) Before applying for advanced sick leave, an employee shall apply to the Employee-to-Employee Leave Donation Program and the State Employees' Leave Bank.
(5) Advanced sick leave shall be counted against an employee's FMLA entitlement, as set forth in COMAR 11.02.13.
(6) Personal Leave.
(a) Personal leave shall be allotted to an employee on advanced sick leave, but may not be used by the employee.
(b) Personal leave allotted during an employee's advanced sick leave shall be deducted from the employee's advanced sick leave debt.
(7) Approval of a request for an allotment and use of advanced sick leave is at the discretion of the Secretary or the Secretary's designee. The Secretary or Secretary's designee may request the Department Medical Advisor to determine the medical necessity and duration of the advanced sick leave.
(8) The Department Medical Advisor may require the employee to submit to a medical examination. Requests for advanced sick leave may not be granted if the employee refuses to submit to a medical examination.
(9) Repayment.
(a) Employee acceptance of an allotment of advanced sick leave constitutes an agreement to repay the Department for compensation received while using this leave, which remains binding even if the employee terminates employment with the Department.
(b) Reimbursement to the Department shall be made at the minimum rate of 1/2 of the rate of sick leave and annual leave earned. In addition, the employee may apply credited annual leave, personal leave, sick leave, compensatory leave, or cash to the amount owed.
(c) Leave earned or allotted during periods of advanced sick leave is to be deducted from the advanced sick leave debt of the employee.
(d) Repayed advanced sick leave is not credited to the 60-day maximum entitlement.
(10) Waiver of Repayment. Repayment is not required:
(a) From an employee's estate; or
(b) On separation from the Department for any part of an advanced sick leave debt that was incurred under the State Personal Management System before June 5, 1995.
I. Extended Sick Leave.
(1) Extended sick leave is a form of allotted leave with pay.
(2) Specific Illness.
(a) At the discretion of the appointing authority or the appointing authority's designee, an employee with at least 5 years of service may be granted extended sick leave for a period of up to 90 days to bridge the time necessary to process an application for retirement necessitated by a medical disability.
(b) The employee shall provide medical documentation that the previous earned sick leave used was for the illness or related conditions necessitating the request for extended sick leave.
(3) In order to be eligible for extended sick leave, an employee shall exhaust all other leave, except advanced sick leave.
(4) The employee shall file a written request to the appointing authority or the appointing authority's designee on a form prescribed by the Secretary.
(5) All medical information shall be sent directly to the Department Medical Advisor by the employee's physician.
(6) If requested by the appointing authority or the appointing authority's designee, the Department Medical Advisor shall determine the medical necessity and the duration of the extended sick leave, not to exceed the limits set forth in §I(2) of this regulation. In making this determination, the Department Medical Advisor may require the employee to submit to a medical examination.
(7) Requests for extended sick leave may not be granted if the employee refuses to submit to a medical examination.
(8) An employee on extended sick leave may not earn annual leave.
(9) An employee on extended sick leave may not be allotted personal leave.
(10) Before applying for extended sick leave, an employee shall apply to the Employee-to-Employee Leave Donation Program and the State Employees' Leave Bank, and any leave received under these programs shall be deducted from the 90-day maximum allowance of extended sick leave.
(11) Extended sick leave shall be counted against an employee's FMLA entitlement, as set forth in COMAR 11.02.13.
(12) An employee may not be allotted an amount of extended sick leave which would bring the employee's total time out to 1 year or more. For purposes of the 1-year maximum time out, an employee shall return to work for a continuous period of 160 hours, not counting holidays, leave, or scheduled time off.
(13) An employee applying for extended sick leave under this section may not return to work and shall present evidence of application for retirement.
(14) Review of Requests for Extended Sick Leave.
(a) The appointing authority or the appointing authority's designee, or a board established by the Secretary, shall review all requests for extended sick leave.
(b) Requests may be denied for medical reasons only upon the recommendation of the Department Medical Advisor.
(c) Requests may also be denied for job performance-related reasons as documented by the appointing authority or the appointing authority's designee.
**Cross References**
11.02.03.13D(2)
11.02.08.10E(4)
11.02.13.03G
11.02.13.03H
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)*
- *Administrative History: Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)*
- *Administrative History: Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)*
- *Administrative History: Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)*
- *Administrative History: Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)*
- *Administrative History: Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.03.08** Bereavement Leave. {#sec-11.02.03.08 omnilex-key=us-md-regs-official--title-11--11.02.03.08}
A. Definitions.
(1) “Bereavement leave” means a form of allotted leave with pay that can only be used for the death of an employee’s family member.
(2) “Immediate family” means the following individuals related to the employee or an employee’s spouse:
(a) Children, foster children, or stepchildren;
(b) Parents, stepparents, foster parents, others who took the place of parents, or legal guardians;
(c) Brothers or sisters;
(d) Grandparents or grandchildren; and
(e) Other relatives living as members of the employee's household.
(3) “Child” means an adopted, biological, or foster child, a stepchild, or a legal ward, who is at least 6 months old and younger than 27 years old.
(4) Infant means an adopted, biological, or foster child, a stepchild, or legal ward, who is younger than 6 months old.
B. Eligibility.
(1) Death in an Employee's Immediate Family. A maximum of 5 days may be charged to sick leave in the event of a death in the immediate family of an employee or an employee's spouse.
(2) Bereavement Leave. An employee may elect to receive up to 3 days of bereavement leave with pay and 2 days sick leave on the death of the following family members:
(a) Spouse of the employee;
(b) Children, including foster children and stepchildren of the employee or employee’s spouse;
(c) Parents, stepparents, or foster parents of the employee;
(d) Brothers and sisters of the employee; and
(e) Grandparents and grandchildren of the employee.
(3) An employee may receive up to 10 days of bereavement leave with pay within 60 days after the death of the employee’s child.
(4) An employee may receive up to 60 days of bereavement leave with pay within 60 days after:
(a) The employee experiences a stillbirth, or;
(b) The death of the employee’s infant.
(5) An employee may use parental bereavement leave only after notifying the employee’s appointing authority of the employee’s intention to use parental bereavement leave. An employee’s appointing authority may not require an employee entitled to parental bereavement leave to use any other paid leave available to the employee.
(6) Death of Employee's Other Relatives. A maximum of 1 day may be charged to sick leave in the event of the death of one of the following relatives:
(a) Aunts and uncles of an employee or spouse;
(b) Nephews and nieces of an employee or spouse;
(c) Brothers-in-law and sisters-in-law of an employee or spouse; and
(d) Sons-in-law and daughters-in-law.
(7) If the sick leave required in connection with a death in a family is in excess of the limits specified, an employee may, with appropriate approval, use accumulated annual, personal, or compensatory leave.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)*
- *Administrative History: Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)*
- *Administrative History: Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)*
- *Administrative History: Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)*
- *Administrative History: Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)*
- *Administrative History: Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.03.09** Work Injury Leave. {#sec-11.02.03.09 omnilex-key=us-md-regs-official--title-11--11.02.03.09}
A. Definition.
(1) In this regulation, “injury” means an accidental personal injury occurring during the performance of an employee's actual job duties.
(2) “Injury” does not include occupational diseases.
B. Work injury leave with sick pay is leave that is allotted to an employee who, in the actual performance of the employee's job duties, sustains an injury which is determined to be compensable according to the Maryland Workers' Compensation Law, Labor and Employment Article, §§9-1019-1201, Annotated Code of Maryland.
C. The injured employee or someone on the employee's behalf shall provide notice of the injury to the employee's appointing authority or the appointing authority's designee immediately after the injury occurs.
D. Work injury leave with sick pay may be allotted only if the following conditions are met:
(1) The injury occurred in the actual performance of the employee's job duties;
(2) The injury is determined to be compensable under the Maryland Workers' Compensation Law, Labor and Employment Article, § 9-1019-1201, Annotated Code of Maryland;
(3) A physician verifies the employee's injury and inability to work; and
(4) The Department Medical Advisor verifies the medical necessity and specifies the duration of the employee's absence from work.
E. Allotment. Starting with the first full workday, work injury leave with sick pay may be provisionally allotted pending a determination of compensability by the Workers' Compensation Commission or, in the absence of a Workers' Compensation Commission order, by the Injured Workers' Insurance Fund.
F. The injured employee's appointing authority or the appointing authority's designee shall file an Employer's First Report of Injury with the Injured Workers' Insurance Fund, the Workers' Compensation Commission, and the Division of Labor and Industry immediately after receipt of the notice of the injury as set forth in §C of this regulation.
G. If the Workers' Compensation Commission determines the injury to be noncompensable or, in the absence of a determination by the Workers' Compensation Commission, the Injured Workers' Insurance Fund determines the injury to be noncompensable, then work injury leave with sick pay provisionally allotted shall be rescinded and the employee's accumulated leave balance shall be adjusted to cover that period of time.
H. Rate of Payment.
(1) Work injury leave with sick pay is paid at the rate of 66 2/3 percent of the employee's gross pay starting with the first full workday.
(2) For work injuries occurring on or before June 30, 1994, that are compensable under this regulation, work injury leave with sick pay is paid at the rate of 70 percent of the employee's gross pay.
(3) The rates set forth in §H(1) and (2) of this regulation may be adjusted to conform to any Internal Revenue Service rulings or judicial decisions.
(4) Payment for work injury leave constitutes a separate benefit on account of an accidental personal injury occurring during the performance of an employee's actual job duties and is not a continuation of salary.
I. The Department's Medical Advisor is responsible for evaluating the employee's medical claim and making an initial determination as to approval within 10 workdays of the employee's injury. In making this evaluation, the Department Medical Advisor may require the employee to submit to a medical examination. The Department Medical Advisor shall file a report stating the findings and conclusions with the appointing authority or the appointing authority's designee and the Injured Workers' Insurance Fund.
J. Requests for work injury leave may not be granted if the employee refuses to submit to a medical examination.
K. The Injured Workers' Insurance Fund shall determine whether the claim is compensable under Maryland Workers' Compensation Law within 30 calendar days after the Injured Workers' Insurance Fund receives the employer's report of injury.
L. Acceptance of work injury leave constitutes an agreement to repay the Department for all work injury leave allotted if the injury is determined to be noncompensable as specified in §G of this regulation. This agreement remains in force upon separation from the Department.
M. Acceptance of work injury leave constitutes an agreement by the employee that the Department, after notice to the injured employee, has the exclusive right of subrogation to the rights of the injured employee against any third person who may have caused the compensable injury to the extent of the compensation paid or owed to the injured employee under this regulation.
N. Exhaustion of Work Injury Leave.
(1) After work injury leave has been exhausted and an employee is receiving temporary total benefits, the employee may apply for a leave of absence—illness, as specified in Regulation .12D of this chapter.
(2) During a period of leave of absence—illness granted under this section, the Department shall pay the employee's portion as well as the State's subsidy for health care coverage for the first 60 workdays and the State's subsidy only for up to a total of 2 years, including the original 60 workdays.
(3) An employee on leave of absence—illness shall provide continuing medical documentation to the Department.
(4) The Department may request a review of the employee's medical condition by the Medical Advisor.
(5) An employee may not be eligible for health care coverage as provided in §N(1) of this regulation if the employee refuses to submit to a medical examination requested by the Medical Advisor.
O. An injured employee may be entitled to temporary total benefits for loss of wages according to the Workers' Compensation Law only after all available work injury leave has been used.
P. Medical and hospital expenses may be paid on behalf of an injured employee who is on work injury leave or leave with pay, according to the Workers' Compensation Law.
Q. Work injury leave may be used for continuing treatment for the injury for which the leave was granted, and may be used only for time taken within an employee's scheduled shift, including reasonable travel time.
R. Work injury leave terminates on a date specified by the Department's Medical Advisor. Work injury leave may not extend beyond 1 year from the date of injury.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)*
- *Administrative History: Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)*
- *Administrative History: Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)*
- *Administrative History: Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)*
- *Administrative History: Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)*
- *Administrative History: Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.03.10** Administrative Leave. {#sec-11.02.03.10 omnilex-key=us-md-regs-official--title-11--11.02.03.10}
A. Administrative leave is a form of allotted leave with pay.
B. Allotment.
(1) Administrative leave may be allotted according to §B(2)—(5) of this regulation.
(2) Emergency Releases. Employees may be released from work without charge to earned leave when emergency conditions exist, as specified in COMAR 01.01.1981.10, which is incorporated by reference.
(3) State Job Examination/Interview. Employees may be granted up to 4 hours of administrative leave with pay to take a State or Department job examination, or to go to a State or Department job interview. In cases requiring travel to and from outlying areas, exceptions to the 4-hour limit may be granted.
(4) Question Concerning Fitness for Duty. An employee, with approval of supervisory personnel designated by the appointing authority or the appointing authority's designee, may be relieved of assigned duties, placed on leave status, and allotted administrative leave during:
(a) An investigation of an incident involving work-related conduct; or
(b) The period required to make a determination as to the employee's medical fitness for continued duty.
(5) Activities of Employee Organizations.
(a) An employee who is an authorized member, officer, or delegate to a State employees' organization may be granted administrative leave to attend official organization events.
(b) The use of administrative leave in connection with the activities of employees' organizations shall be assessed and, when considered appropriate, approved by the appointing authority or the appointing authority's designee.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)*
- *Administrative History: Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)*
- *Administrative History: Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)*
- *Administrative History: Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)*
- *Administrative History: Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)*
- *Administrative History: Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.03.11** Other Forms of Leave with Pay. {#sec-11.02.03.11 omnilex-key=us-md-regs-official--title-11--11.02.03.11}
A. When an employee has obtained appropriate supervisory approval and provided such documentation as may be required, leave with pay shall be authorized for the situations set forth in §§B—D of this regulation.
B. Obligated Military Service. An employee who is a member of the organized Militia or the Army, Navy, Air Force, Coast Guard, or Marine Reserves, is entitled annually to not more than 30 days of leave for military training.
C. Adjudicatory Proceedings. When an employee has been subpoenaed or summoned to appear in court in connection with a civil or criminal case, to appear in an administrative proceeding before an administrative body, called for jury duty, or for a deposition, and is not a party to the action being heard or a paid witness, the employee is entitled to leave with pay.
D. Parental Leave. An employee who is the primary caregiver responsible for the care and nurturing of the employee’s child may, upon request, be granted up to 60 days of paid parental leave within 6 months following the birth of a child or adoption of a child younger than 6 years old. The employee shall exhaust all annual and personal leave before the employee may request parental leave to attain a total of 60 days of paid leave after the birth or adoption of a child.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)*
- *Administrative History: Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)*
- *Administrative History: Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)*
- *Administrative History: Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)*
- *Administrative History: Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)*
- *Administrative History: Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.03.12** Time Off for Religious Observances. {#sec-11.02.03.12 omnilex-key=us-md-regs-official--title-11--11.02.03.12}
A. An employee may use the following types of leave for religious observances:
(1) Annual leave in accordance with Regulation .03 of this chapter;
(2) Personal leave in accordance with Regulation .04 of this chapter; or
(3) Compensatory leave in accordance with Regulation .06 of this chapter.
B. If an employee is scheduled to work on a holiday or is employed by an administration which renders a service that is provided continuously on a 7-day-a-week basis, the employee's appointing authority or the appointing authority's designee shall make reasonable accommodation to the employee's request to use leave for religious observances if accommodation can be made without serious interference with the efficiency of the administration. If reasonable accommodation cannot be made, the appointing authority or the appointing authority's designee may deny the leave request.
C. Earned Religious Observance Time.
(1) The provisions of this section do not apply in an organizational unit which renders a service that is provided continuously on a 7-day-a-week basis.
(2) An employee may submit to the employee's appointing authority a request to work extra time to compensate for time off for religious observances. If modifications in work schedules do not interfere with the efficient operation of the administration, the appointing authority shall give an employee, who elects to work extra time for time lost to meet religious requirements, the opportunity to work extra time. This extra time worked shall be granted as compensatory time off and may not be applied toward overtime pay.
(3) An employee who is exempt from receiving overtime cash payments shall be granted equal hour-for-hour time off for religious observance.
(4) An employee who is entitled to receive overtime payments shall be granted equal hour-for-hour time off for religious observance up to a maximum of 40 hours in any workweek. Time worked in excess of 40 hours in any workweek shall be granted at the rate of time and one-half for religious observance.
(5) The appointing authority may adopt written policies, subject to the approval of the Secretary, which provide for exceptions to this section in the interest of the efficient operation of the agency.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)*
- *Administrative History: Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)*
- *Administrative History: Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)*
- *Administrative History: Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)*
- *Administrative History: Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)*
- *Administrative History: Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.03.13** Leave of Absence. {#sec-11.02.03.13 omnilex-key=us-md-regs-official--title-11--11.02.03.13}
A. A leave of absence is an authorized period of nonemployment with the Department during which the employee may be reinstated and be eligible for certain leave and salary considerations in accordance with COMAR 11.02.05.
B. Eligibility. Employees who have satisfactorily completed an original probationary period, or employees who do not serve a probation but have completed 6 months of service with the Department, may be allotted a leave of absence when approved by an appointing authority or the appointing authority's designee.
C. Limitations on the Length of Leaves of Absence. Except as provided in §F of this regulation, an employee may apply for a leave of absence without pay for a period of up to 2 years.
D. Leave of Absence—Illness.
(1) The appointing authority or the appointing authority's designee may approve a medically substantiated request for a leave of absence for temporary incapacitation due to physical or mental illness.
(2) The employee shall submit with the request for a leave of absence—illness, a verification of the illness or injury signed or certified by one of the health care providers specified in Regulation .07G(6) of this chapter.
(3) The employee's request may be referred to the Department's Medical Advisor for review and input.
(4) Continuation of Health Care Coverage.
(a) For the first 60 workdays of the leave of absence, an employee may request the Department to continue the employee's health care coverage.
(b) The Department shall pay the employee's portion as well as the State's subsidy.
(c) Acceptance of this continuation of health care coverage constitutes an agreement by the employee to repay the Department for the cost incurred.
(d) This agreement remains binding even if the employee terminates employment with the Department.
(5) Within the first 6 months of the leave of absence for illness, an individual shall be reinstated in the agency and in the classification the individual held at the time the leave of absence was granted.
E. Leave of Absence—Personal. A personal leave of absence may be approved for any reason acceptable to an appointing authority or the appointing authority's designee.
F. Leave of Absence—Military.
(1) An appointing authority or the appointing authority's designee shall approve a request for a leave of absence for military service.
(2) The duration of a military leave of absence is for the period of time an employee is on an original tour of duty, or on active duty.
G. Leave of Absence—Education.
(1) An employee who has been accepted as a full-time student at an accredited educational institution may apply for an education leave of absence.
(2) The appointing authority or the appointing authority's designee may deny the request for an education leave of absence if it is not in the best interest of the Department.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)*
- *Administrative History: Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)*
- *Administrative History: Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)*
- *Administrative History: Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)*
- *Administrative History: Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)*
- *Administrative History: Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.03.14** Law Enforcement and Fire Protection Employees. {#sec-11.02.03.14 omnilex-key=us-md-regs-official--title-11--11.02.03.14}
The Secretary may establish procedures for conversion of leave earning rates and leave accumulation for law enforcement and fire protection employees.
**Cross References**
11.02.03.06D
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)*
- *Administrative History: Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)*
- *Administrative History: Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)*
- *Administrative History: Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)*
- *Administrative History: Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)*
- *Administrative History: Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.03.15** Calculation and Payment of Overtime. {#sec-11.02.03.15 omnilex-key=us-md-regs-official--title-11--11.02.03.15}
The Secretary shall establish procedures governing the calculation and payment of overtime consistent with the Fair Labor Standards Act.
**Cross References**
11.02.03.01B(1-2)
11.02.03.01B(5-1)
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)*
- *Administrative History: Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)*
- *Administrative History: Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)*
- *Administrative History: Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)*
- *Administrative History: Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)*
- *Administrative History: Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.03.16** Leave Donation Program and Leave Bank. {#sec-11.02.03.16 omnilex-key=us-md-regs-official--title-11--11.02.03.16}
In accordance with State Personnel and Pensions Article, §§9-601—9-607, Annotated Code of Maryland, and COMAR 17.04.11.22 and 23, employees may participate in the Employee-to-Employee Leave Donation Program and the State Employees' Leave Bank.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)*
- *Administrative History: Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)*
- *Administrative History: Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)*
- *Administrative History: Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)*
- *Administrative History: Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)*
- *Administrative History: Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.03.17** Maryland Transit Administration Employee Leave Protections. {#sec-11.02.03.17 omnilex-key=us-md-regs-official--title-11--11.02.03.17}
Notwithstanding these regulations, employees who are protected under the provisions of Transportation Article, §7-605, Annotated Code of Maryland, shall be allowed to continue earning leave benefits in a manner consistent with that statute.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)*
- *Administrative History: Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)*
- *Administrative History: Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)*
- *Administrative History: Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)*
- *Administrative History: Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)*
- *Administrative History: Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.03.18** Family Medical Leave. {#sec-11.02.03.18 omnilex-key=us-md-regs-official--title-11--11.02.03.18}
Regulations implementing the federal Family and Medical Leave Act of 1993 are contained in COMAR 11.02.13.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)*
- *Administrative History: Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)*
- *Administrative History: Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)*
- *Administrative History: Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)*
- *Administrative History: Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)*
- *Administrative History: Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.03.19** Organ Donation Leave. {#sec-11.02.03.19 omnilex-key=us-md-regs-official--title-11--11.02.03.19}
A. This regulation applies to all employees, including contractual, emergency, and temporary employees.
B. Amount of Leave. In any 12-month period, an employee may use up to:
(1) 7 days of organ donation leave to serve as a bone marrow donor; and
(2) 30 days of organ donation leave to serve as an organ donor.
C. Application for Leave.
(1) An employee or the employee's authorized representative may request organ donation leave by submitting a form, provided by the Secretary, to the employee's appointing authority.
(2) A request shall be accompanied by the medical documentation required by the form.
(3) The employee's appointing authority shall render a decision on requests for organ donation leave within 5 working days of receiving the request.
(4) If an employee must make the donation before receiving approval, the leave shall be provided retroactively upon approval.
D. Criteria for Reviewing Requests for Leave.
(1) An employee shall be denied the use of organ donation leave only if the employee fails to provide medical documentation establishing the employee as an organ or bone marrow donor.
(2) If there is a question about medical documentation, the documentation shall be immediately forwarded to the State Medical Director for review.
E. Use of Leave.
(1) Organ donation leave may only be used for the actual donation procedure, the preparation for the donation procedure, and recovery from the donation procedure.
(2) Leave may be used in increments of 1 hour or more.
F. Treatment of Medical Documentation.
(1) Medical documentation submitted with the request for organ donation leave shall be treated as confidential medical information and shall be disclosed only to those individuals who need to know its contents as part of the review, evaluation, and approval process.
(2) An employee who fails to maintain the confidentiality of medical information is subject to disciplinary action, up to and including termination.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)*
- *Administrative History: Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)*
- *Administrative History: Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)*
- *Administrative History: Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)*
- *Administrative History: Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)*
- *Administrative History: Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.03.20** Disaster Service Leave. {#sec-11.02.03.20 omnilex-key=us-md-regs-official--title-11--11.02.03.20}
A. Eligibility.
(1) On request, an employee may be entitled to disaster service leave with pay if:
(a) The employee is certified by the American Red Cross as a disaster service volunteer: and
(b) The American Red Cross requests the services of the employee during a disaster that is designated at Level II or above in the regulations and procedures of the National Office of the American Red Cross; or
(2) The employee is a member of:
(a) The Civil Air Patrol;
(b) The United States Coast Guard Auxiliary;
(c) Maryland Voluntary Organizations Active in Disaster;
(d) A volunteer emergency medical services department;
(e) A volunteer fire department;
(f) A volunteer rescuer company of volunteer rescue squad; or
(g) A Community Emergency Response team.
B. General.
(1) An employee may use up to 30 days of disaster service leave in any 12-month period only after obtaining approval from the employee’s appointing authority or the appointing authority’s designee.
(2) An employee will continue to earn credit for service while using disaster service leave.
(3) An employee using disaster leave will be paid at the employee's regular rate of pay. Acting pay is not included.
(4) An employee will continue to earn annual and sick leave while on disaster service leave.
(5) Health insurance benefits are continued while using disaster service leave.
(6) For purposes of Worker’s Compensation, including work injury leave, and the Maryland Tort Claims Act, while an employee is using disaster service leave, the employee is not considered a State employee.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01B amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04B amended effective August 24, 1998 (25:17 Md. R. 1361)*
- *Administrative History: Regulation .04B, G amended effective November 18, 2019 (46:23 Md. R. 1066)*
- *Administrative History: Regulation .04F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05 amended effective August 8, 2022 (49:16 Md. R. 758)*
- *Administrative History: Regulation .05C amended as an emergency provision effective January 6, 1997 (24:2 Md. R. 114); amended permanently effective March 24, 1997 (24:6 Md. R. 486)*
- *Administrative History: Regulation .05F amended effective December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .06B amended effective October 7, 1996 (23:20 Md. R. 1424); November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .07 amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .07B amended effective August 24, 1998 (25:17 Md. R. 1361); May 17, 1999 (26:10 Md. R. 798); December 22, 2003 (30:25 Md. R. 1849); March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .07G amended effective May 17, 1999 (26:10 Md. R. 798)*
- *Administrative History: Regulation .08 amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .08 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulations .08, .09, and .11—.18 recodified to be Regulations .09, .10, and .12—.19 effective March 3, 2025 (52:4 Md. R 219)*
- *Administrative History: Regulation .08H, P amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .10 recodified to Regulation .11 effective March 3, 2025 (52:4 Md. R. 219)*
- *Administrative History: Regulation .10A amended effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .10D adopted effective February 11, 2019 (46:3 Md. R. 107)*
- *Administrative History: Regulation .12D amended effective September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .15 amended effective December 30, 1996 (23:26 Md. R. 1860); May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .16 amended effective May 3, 2010 (37:9 Md. R. 673)*
- *Administrative History: Regulation .17 adopted effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .18 adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .20 adopted effective March 3, 2025 (52:4 Md. R 219)*
- *Authority: State Personnel and Pensions Article, §§9-1106 and 9-1108;Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
## **11.02.04** Equal Employment Opportunity
##### **COMAR 11.02.04.01** Program. {#sec-11.02.04.01 omnilex-key=us-md-regs-official--title-11--11.02.04.01}
The Department shall have comprehensive equal employment opportunity and affirmative action programs covering all administrations regarding human resources regulations, policies, management practices, and operating procedures. This chapter applies to all applicants and employees, including contractual, emergency, and temporary employees.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01 amended effective March 7, 2011 (38:5 Md. R. 318)*
- *Administrative History: Regulation .02A amended effective September 12, 1994 (21:18 Md. R. 1509); August 24, 2009 (36:17 Md. R. 1312); March 7, 2011 (38:5 Md. R. 318)*
- *Administrative History: Regulation .03 amended effective March 7, 2011 (38:5 Md. R. 318)*
- *Administrative History: Regulation .03A, B amended effective August 24, 2009 (36:17 Md. R. 1312)*
- *Administrative History: Regulation .04A amended effective March 7, 2011 (38:5 Md. R. 318)*
- *Authority: Transportation Article, §§2-102, 2-103, and 2-103.4; State Personnel and Pensions Article, §§2-106 and 5-201—5-215; Annotated Code of Maryland*
##### **COMAR 11.02.04.02** Nondiscrimination. {#sec-11.02.04.02 omnilex-key=us-md-regs-official--title-11--11.02.04.02}
A. Departmental actions taken to carry out these regulations, as well as related policies and management practices, shall be nondiscriminatory.
B. Personnel transactions shall be carried out in a nondiscriminatory manner.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01 amended effective March 7, 2011 (38:5 Md. R. 318)*
- *Administrative History: Regulation .02A amended effective September 12, 1994 (21:18 Md. R. 1509); August 24, 2009 (36:17 Md. R. 1312); March 7, 2011 (38:5 Md. R. 318)*
- *Administrative History: Regulation .03 amended effective March 7, 2011 (38:5 Md. R. 318)*
- *Administrative History: Regulation .03A, B amended effective August 24, 2009 (36:17 Md. R. 1312)*
- *Administrative History: Regulation .04A amended effective March 7, 2011 (38:5 Md. R. 318)*
- *Authority: Transportation Article, §§2-102, 2-103, and 2-103.4; State Personnel and Pensions Article, §§2-106 and 5-201—5-215; Annotated Code of Maryland*
##### **COMAR 11.02.04.03** Complaints. {#sec-11.02.04.03 omnilex-key=us-md-regs-official--title-11--11.02.04.03}
A. A complaint of discrimination shall be filed with the administration's equal employment opportunity officer or the Office of Diversity and Equity in The Secretary's Office.
B. A complaint of discrimination shall be filed within 30 days from the time the complainant first knew of or reasonably should have known of the alleged discriminatory action or practice.
C. A complaint of discrimination shall allege a distinction in treatment in recruitment, interview, selection, placement, training, compensation, tuition aid, promotion, reclassification, transfer, discipline, termination, or any other of the terms, conditions, and privileges of employment. These complaints of discrimination shall allege discrimination based upon any of the following factors:
(1) Age;
(2) Ancestry;
(3) Color;
(4) Creed;
(5) Gender identity and expression;
(6) Genetic information;
(7) Marital status;
(8) Mental or physical disability;
(9) National origin;
(10) Race;
(11) Religious affiliation, belief, or opinion;
(12) Sex;
(13) Sexual orientation; or
(14) Other reasons prohibited by law.
D. Discrimination Complaint. A complaint shall contain the following:
(1) The full name, address, and telephone number of the complainant;
(2) The full name and address of the administration, person, or administration and person against whom the complaint is made;
(3) A clear and concise signed and dated written statement of the facts constituting the alleged discriminatory action or practice, including when the alleged discriminatory action or practice took place and identifying the alleged violation of the discriminatory factors under §C of this regulation; and
(4) The remedy the complainant is seeking.
E. Responsibilities of the Equal Employment Officer.
(1) Upon receipt of an inquiry or a written complaint, the administration's equal employment opportunity officer shall counsel the comlainant as to the following:
(a) The right to file either a complaint or a grievance under COMAR 11.02.09;
(b) The right to file a complaint with the Maryland Human Relations Commission within 180 days after the date on which the alleged discriminatory action occurred; and
(c) The right to file a complaint with the Equal Employment Opportunity Commission within 300 days from the date the alleged discriminatory action occurred.
(2) When a complaint is filed, the equal employment opportunity officer shall contact the complainant and the respondent in the administration against whom the charges have been brought. At that time, the complainant may choose to proceed with mediation or an investigation.
F. Mediation.
(1) If the complainant and the respondent agree to mediation, the equal employment opportunity officer will schedule and arrange the mediation conference.
(2) If an agreement is reached, the agreement will be reduced to writing by the parties, and reviewed by the administration’s Office of the Attorney General for legal sufficiency. Upon completion of such review, the agreement will be signed by the complainant, the respondent, the Manager of the administration’s Equal Employment Opportunity Office, or the Director of the Office of Diversity and Equity, and the complaint will be considered withdrawn.
(3) If no agreement is reached, the complaint will be investigated in accordance with §G of this regulation.
G. Investigation.
(1) If the complainant elects to proceed with the investigation, an equal employment opportunity officer shall investigate the complaint to ascertain all facts, including reviewing all relevant records, policies, and any other pertinent information. All information obtained as a part of the investigation shall be confidential.
(2) Within 30 days after a complaint is received, an equal employment opportunity officer shall investigate the complaint, issue a report of the investigation, and recommend a proposed decision to the Administrator of the administration where the complaint originated. The Administrator or the Director of the Office of Diversity and Equity shall issue a written decision to the complainant and may grant any appropriate relief.
(3) The equal employment officer may request that the parties waive the 30-day requirement if additional time is needed to complete the investigation and issue a report.
H. Appeals.
(1) Within 10 days after receiving the decision, a complainant may appeal the decision, in writing, to the Department of Budget and Management, Office of the Statewide EEO Coordinator.
(2) If the complainant is dissatisfied with the decision, the Administrator or designee shall inform the complainant of the right to file a complaint of discrimination with the Maryland Human Relations Commission or the Equal Employment Opportunity Commission.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01 amended effective March 7, 2011 (38:5 Md. R. 318)*
- *Administrative History: Regulation .02A amended effective September 12, 1994 (21:18 Md. R. 1509); August 24, 2009 (36:17 Md. R. 1312); March 7, 2011 (38:5 Md. R. 318)*
- *Administrative History: Regulation .03 amended effective March 7, 2011 (38:5 Md. R. 318)*
- *Administrative History: Regulation .03A, B amended effective August 24, 2009 (36:17 Md. R. 1312)*
- *Administrative History: Regulation .04A amended effective March 7, 2011 (38:5 Md. R. 318)*
- *Authority: Transportation Article, §§2-102, 2-103, and 2-103.4; State Personnel and Pensions Article, §§2-106 and 5-201—5-215; Annotated Code of Maryland*
##### **COMAR 11.02.04.04** Affirmative Action Plan. {#sec-11.02.04.04 omnilex-key=us-md-regs-official--title-11--11.02.04.04}
A. The Department shall develop an Affirmative Action Plan to address any need for corrective action.
B. The Affirmative Action Plan shall:
(1) Be designed to achieve equal opportunity through positive, aggressive, and continuous results-oriented measures to correct past or present discriminatory practices and their effects on the conditions and privileges of employment; and
(2) Provide general and specific procedural guidance in relation to:
(a) Publicity and dissemination of equal opportunity/affirmative action (EO/AA) matters;
(b) EO/AA requirements in employee recruitment and selection; and
(c) EO/AA related education and training.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01 amended effective March 7, 2011 (38:5 Md. R. 318)*
- *Administrative History: Regulation .02A amended effective September 12, 1994 (21:18 Md. R. 1509); August 24, 2009 (36:17 Md. R. 1312); March 7, 2011 (38:5 Md. R. 318)*
- *Administrative History: Regulation .03 amended effective March 7, 2011 (38:5 Md. R. 318)*
- *Administrative History: Regulation .03A, B amended effective August 24, 2009 (36:17 Md. R. 1312)*
- *Administrative History: Regulation .04A amended effective March 7, 2011 (38:5 Md. R. 318)*
- *Authority: Transportation Article, §§2-102, 2-103, and 2-103.4; State Personnel and Pensions Article, §§2-106 and 5-201—5-215; Annotated Code of Maryland*
## **11.02.05** Reinstatement
##### **COMAR 11.02.05.01** Eligibility for Reinstatement. {#sec-11.02.05.01 omnilex-key=us-md-regs-official--title-11--11.02.05.01}
A. Employees eligible for reinstatement include:
(1) Department employees on an approved leave of absence applying before the expiration of the leave of absence;
(2) Transportation Service employees who are laid off and return within a 5-year period from the time of the employee's layoff;
(3) Transportation Service employees who have separated in good standing applying within a 5-year period following the employee's resignation; and
(4) Department employees who have not converted into the Transportation Service, and who:
(a) Are laid off and return within a 2-year period from the time of the employee's layoff, and
(b) Have separated in good standing applying within a 2-year period following the employee's resignation.
B. An employee who is eligible and requests reinstatement shall be placed on the list of eligibles for the employee's former job classification and considered for future job openings. If selected, the employee is entitled to a salary equivalent to the employee's former grade and salary step, and shall receive reinstatement credits as specified in §D of this regulation.
C. An employee eligible for reinstatement who is hired into a classification other than the employee's former classification shall receive reinstatement credits as specified in §D of this regulation.
D. Reinstatement Leave Credits. An employee who is reinstated is entitled to restoration of leave earning rates based on years of former service, and an employee who is reinstated within 2 years is entitled to restoration of unused sick leave balances. In addition, an employee returning from a military leave of absence shall receive credit for the leave of absence.
E. Reinstatement from Active Military Service. An employee who requests to return to a Department position after serving a period of active military service shall be reinstated in accordance with State Personnel and Pensions Article, Title 11, Subtitle 2, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01A and B amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
## **11.02.06** Medical Examinations and Evaluations
##### **COMAR 11.02.06.01** General. {#sec-11.02.06.01 omnilex-key=us-md-regs-official--title-11--11.02.06.01}
The Secretary shall designate a Department Medical Advisor who shall advise the appointing authority or the appointing authority's designee with respect to medical examinations and medical evaluations related to employment with the Department. Reports shall be provided by the Department Medical Advisor to the appointing authority or the appointing authority's designee.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01 amended effective March 6, 2023 (50:4 Md. R. 122)*
- *Administrative History: Regulation .02A amended effective August 30, 1993 (20:17 Md. R. 1346); March 6, 2023 (50:4 Md. R. 122)*
- *Administrative History: Regulation .02B amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .02C, D adopted effective July 16, 2009 (36:14 Md. R. 985)*
- *Authority: State Personnel and Pensions Article, §2-106; Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.06.02** Department Medical Advisor. {#sec-11.02.06.02 omnilex-key=us-md-regs-official--title-11--11.02.06.02}
A. The Department Medical Advisor:
(1) Is a licensed physician who is an employee of the Department or who is contracted by the Department to provide the required Department Medical Advisor services;
(2) May consult with other health care professionals to carry out the responsibilities set forth in this chapter subject to the approval of the Secretary;
(3) Shall conduct medical examinations as provided for under the Department Medical Advisor Policy, and the determination of the Department Medical Advisor in these examinations is the final medical determination;
(4) Is the Department's medical expert on employability and all other related matters;
(5) Shall conduct any other medical examinations or studies concerning the medical state of employees or individuals who have received an offer of employment or a conditional offer of employment as directed by the appointing authority or the appointing authority's designee; and
(6) May advise the appointing authority or the appointing authority's designee that an individual has a medical condition which affects the individual's ability to perform the essential functions of the position.
B. An employee may be subject to a medical examination:
(1) If the employee loses excessive time from employment due to illness or injury;
(2) To determine if the employee has any physical or mental impairment which might prevent the employee from properly performing the duties of the position; or
(3) To determine the medical necessity and duration of advanced sick leave, extended sick leave, work injury leave, and leave of absence—illness.
C. The determinations of the Department Medical Advisor in examinations of applicants and employees conducted under §A(3) and (5) of this regulation are final and are not subject to review by the Office of Administrative Hearings.
D. If an employee is approved for disability retirement by the State Retirement Agency, unless the employee resigns or is removed earlier, the employee shall be considered resigned from State service 120 calendar days after the approval.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01 amended effective March 6, 2023 (50:4 Md. R. 122)*
- *Administrative History: Regulation .02A amended effective August 30, 1993 (20:17 Md. R. 1346); March 6, 2023 (50:4 Md. R. 122)*
- *Administrative History: Regulation .02B amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .02C, D adopted effective July 16, 2009 (36:14 Md. R. 985)*
- *Authority: State Personnel and Pensions Article, §2-106; Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
## **11.02.07** Layoff
##### **COMAR 11.02.07.01** General Provisions. {#sec-11.02.07.01 omnilex-key=us-md-regs-official--title-11--11.02.07.01}
A. This chapter does not apply when positions are deleted from the budget by the:
(1) Governor's decision to omit an appropriation for a position from the budget bill as evidenced in the supporting documentation submitted in the budget;
(2) General Assembly's decision to strike out an appropriation for a position as evidenced in the budget bill or in the report of the budget committees; or
(3) Governor's decision pursuant to State Finance and Procurement Article, §7-213, Annotated Code of Maryland, with the approval of the Board of Public Works, to reduce an appropriation for a position included in the budget bill as enacted, as evidenced in the supporting documentation submitted to the Board of Public Works.
B. Career Service employees who are in positions that are to be abolished, discontinued, or vacated because of a change in Departmental organization or because of work stoppage, lack of funds, or lack of work, may be laid off.
C. Appointing authorities shall provide the Secretary with a proposed list of positions and the reason for the layoff. The Secretary shall review the request and, at the Secretary's discretion, approve or disapprove the recommended layoff.
D. Employees in positions to be abolished, discontinued, or vacated shall receive at least 30 days notice.
E. An employee who has been notified of an impending layoff may request to displace another employee with the fewest retention points in the same classification within an administration or the Department. At the Secretary's discretion, displacement may be limited to an organizational unit within an administration.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .03C amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.07.02** Retention Points. {#sec-11.02.07.02 omnilex-key=us-md-regs-official--title-11--11.02.07.02}
A. Formula for Establishing Retention Points. The Secretary shall establish a formula which reflects the following factors and percentages:
(1) Total State service — 25 percent;
(2) Total service in the Department — 50 percent; and
(3) Performance appraisals — 25 percent.
B. On July 1, 1996, the formula shall reflect the following percentages:
(1) Total State service — 15 percent;
(2) Total service in the Department — 35 percent; and
(3) Performance appraisals — 50 percent.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .03C amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.07.03** Severance Pay. {#sec-11.02.07.03 omnilex-key=us-md-regs-official--title-11--11.02.07.03}
A. Employees who are laid off who have 1 year or more of service with the Department of Transportation shall receive severance pay.
B. The Secretary may also authorize the offering of severance pay to employees in designated work units affected by a reduction in force who resign instead of a layoff action.
C. Severance pay for employees who are laid off, except for employees laid off due to lack of funds, is 1 week of pay for each year of service with the State, with a minimum of 4 weeks and a maximum of 26 weeks.
D. Subject to §A of this regulation, employees laid off due to lack of funds shall receive 4 weeks severance pay, regardless of length of service.
E. If an employee who is laid off, or resigns instead of layoff, returns to employment with the Department within 6 months in the same classification, the employee shall reimburse the Department, on a prorated basis, for any severance pay received.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .03C amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.07.04** Recall. {#sec-11.02.07.04 omnilex-key=us-md-regs-official--title-11--11.02.07.04}
Employees who are laid off or resign instead of layoff shall be placed on a list of eligibles for their classification for reinstatement for 5 years as specified in COMAR 11.02.05.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .03C amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
## **11.02.08** Disciplinary Action
##### **COMAR 11.02.08.01** General. {#sec-11.02.08.01 omnilex-key=us-md-regs-official--title-11--11.02.08.01}
A. In the case of Career Service employees, disciplinary action may include, as appropriate:
(1) Official written reprimand;
(2) Suspension without pay;
(3) Loss of leave;
(4) Involuntary demotion;
(5) Suspension, with or without pay, pending charges for termination;
(6) Termination under charges from a Career Service position; or
(7) Rejection on promotional probation.
B. Before imposing any disciplinary action, the appointing authority or designated representative shall:
(1) Investigate the alleged misconduct;
(2) Meet with the employee;
(3) Consider any mitigating circumstances;
(4) Determine the appropriate disciplinary action, if any, to be imposed; and
(5) Give the employee a written notice of the disciplinary action to be taken and the employee's appeal rights.
C. Before a Career Service employee may be disciplined for performance-related reasons, the appointing authority or designee shall:
(1) Investigate the employee’s performance, including the employee’s most recent performance appraisal; and
(2) Provide notice to the employee, in writing, of the deficiency and provide an explanation of the employer’s position, which shall include:
(a) Specific instances of unacceptable performance by the employee on which the proposed action is based;
(b) The performance criteria and factors of the employee’s position involved in each specification of unacceptable performance; and
(c) A description of the effort made by the employer to assist the employee in improving performance.
D. An appointing authority or designated representative may impose any disciplinary action for a Career Service employee no later than 30 days after the appointing authority or designated representative acquires knowledge of the misconduct for which the disciplinary action is imposed. The 30-day period includes the time necessary for the appointing authority or designated representative to conduct its investigation and meet the other requirements in §B of this regulation.
E. The appointing authority or a designated representative and an employee may agree to hold a disciplinary action in abeyance for a period not to exceed 18 months in order to permit an employee to improve conduct or performance.
F. Disciplinary action is not allowed because of the religious or political opinions or affiliations of any employee, or because of the failure to contribute to any fund.
G. Police Officers.
(1) Police officers of the Department have specific rights in administrative actions which may result in discipline under the Law Enforcement Officers' Bill of Rights, and therefore are subject to the provisions of Public Safety Article, Title 3, Subtitle 1, Annotated Code of Maryland.
(2) Nondisciplinary administrative terminations of police officers are not covered by the Law Enforcement Officers' Bill of Rights and shall be conducted in accordance with Regulation .07-1 of this chapter.
**Cross References**
11.02.08.02-1B
11.02.08.03D
11.02.08.03E
11.02.08.05B
11.02.08.05-1D
11.02.08.06C
11.02.08.06E
11.02.08.08B
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01 amended effective February 27, 2006 (33:4 Md. R. 352); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .01C amended effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .02B amended effective August 30, 1993 (20:17 Md. R. 1346); October 7, 1996 (23:20 Md. R. 1424); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .02-1 adopted effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .03 amended effective September 12, 1994 (21:18 Md. R. 1509); March 25, 1996 (23:6 Md. R. 476)*
- *Administrative History: Regulation .03B amended effective November 24, 2005 (32:23 Md. R. 1828)*
- *Administrative History: Regulation .03E amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03G amended effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .04A and C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05C, D amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05-1 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06B amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .06C amended effective February 27, 2006 (33:4 Md. R. 352)*
- *Administrative History: Regulation .07 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .07B amended effective August 30, 1993 (20:17 Md. R. 1346); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .07-1 adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .07-1A amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .09 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); revised permanently effective December 26, 2011 (38:26 Md. R. 1697)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.08.02** Definitions. {#sec-11.02.08.02 omnilex-key=us-md-regs-official--title-11--11.02.08.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Conviction” means:
(a) A judgment of conviction, whether entered upon a finding of guilt or acceptance of a plea of nolo contendere, and the imposition of sentence; or
(b) The staying of the entry of judgment and the placing of the defendant on probation after a finding of guilty or the acceptance of a plea of nolo contendere.
(2) “Day” or “Days” means a calendar day or calendar days.
(3) “Designated representative” means an attorney, an employee organization representative, or any other individual authorized in writing by a party to represent the party.
(4) “Nondisciplinary administrative termination” means termination of a police officer of the Department for reasons not covered by the Law Enforcement Officers' Bill of Rights, including termination because of a physical or mental impairment which prevents the performance of essential functions of the job, with or without reasonable accommodations.
(5) “Party” means an employee or a group of employees having a grievance or other right of appeal or the Maryland Department of Transportation.
(6) “Work days” means all days except Saturdays, Sundays, and observed holidays.
(7) “Working days” means all days except Saturdays, Sundays, observed holidays, and all days an employee is on leave.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01 amended effective February 27, 2006 (33:4 Md. R. 352); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .01C amended effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .02B amended effective August 30, 1993 (20:17 Md. R. 1346); October 7, 1996 (23:20 Md. R. 1424); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .02-1 adopted effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .03 amended effective September 12, 1994 (21:18 Md. R. 1509); March 25, 1996 (23:6 Md. R. 476)*
- *Administrative History: Regulation .03B amended effective November 24, 2005 (32:23 Md. R. 1828)*
- *Administrative History: Regulation .03E amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03G amended effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .04A and C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05C, D amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05-1 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06B amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .06C amended effective February 27, 2006 (33:4 Md. R. 352)*
- *Administrative History: Regulation .07 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .07B amended effective August 30, 1993 (20:17 Md. R. 1346); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .07-1 adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .07-1A amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .09 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); revised permanently effective December 26, 2011 (38:26 Md. R. 1697)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.08.02-1** Official Written Reprimand. {#sec-11.02.08.02-1 omnilex-key=us-md-regs-official--title-11--11.02.08.02-1}
A. The appointing authority or the appointing authority's designee may give an employee an official written reprimand because of unacceptable job performance or work-related conduct.
B. Time Limit for Imposition of an Official Written Reprimand. An official written reprimand shall be imposed within the time frame set forth in Regulation .01D of this chapter.
C. Written Notice. The appointing authority or the appointing authority's designee shall notify an employee in writing of the reasons for the official written reprimand, and the appropriate appeal procedure, including the time frames for appeal.
D. Appeal of an Official Written Reprimand. An employee may appeal an official written reprimand in accordance with the procedures set forth in Regulation .10 of this chapter.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01 amended effective February 27, 2006 (33:4 Md. R. 352); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .01C amended effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .02B amended effective August 30, 1993 (20:17 Md. R. 1346); October 7, 1996 (23:20 Md. R. 1424); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .02-1 adopted effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .03 amended effective September 12, 1994 (21:18 Md. R. 1509); March 25, 1996 (23:6 Md. R. 476)*
- *Administrative History: Regulation .03B amended effective November 24, 2005 (32:23 Md. R. 1828)*
- *Administrative History: Regulation .03E amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03G amended effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .04A and C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05C, D amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05-1 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06B amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .06C amended effective February 27, 2006 (33:4 Md. R. 352)*
- *Administrative History: Regulation .07 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .07B amended effective August 30, 1993 (20:17 Md. R. 1346); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .07-1 adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .07-1A amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .09 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); revised permanently effective December 26, 2011 (38:26 Md. R. 1697)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.08.03** Disciplinary Suspension. {#sec-11.02.08.03 omnilex-key=us-md-regs-official--title-11--11.02.08.03}
A. An appointing authority or the appointing authority's designee may suspend an employee without pay because of unacceptable job performance or work-related conduct.
B. Disciplinary Suspension of Fair Labor Standards Act (FLSA) Exempt Employees.
(1) The appointing authority, or the appointing authority's designee, may suspend an FLSA exempt employee as provided for under §A of this regulation.
(2) FLSA exempt employees shall be suspended in increments of 5 workdays, as defined in COMAR 11.02.03.01B(10).
C. Suspension days shall be consecutive and shall include any day that:
(1) Is an observed holiday;
(2) An employee is on leave; or
(3) An employee is scheduled to work.
D. Time Limit for Imposition of Suspension. A disciplinary suspension shall be imposed within the time frame set forth in Regulation .01D of this chapter.
E. Exceptions to §D of this regulation are actions taken by Accident Review Boards of the Department. Each board has 20 calendar days for review of accidents, and then suspensions shall be imposed as set forth in Regulation .01D of this chapter.
F. Written Notice. The appointing authority or the appointing authority's designee shall notify an employee in writing, on a Transportation Service Suspension form, of the reasons for the suspension and the appropriate appeal route, including the time frames for appeal.
G. Appeal of a Disciplinary Suspension. An employee may appeal a disciplinary suspension in accordance with the procedures set forth in Regulation .10 of this chapter.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01 amended effective February 27, 2006 (33:4 Md. R. 352); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .01C amended effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .02B amended effective August 30, 1993 (20:17 Md. R. 1346); October 7, 1996 (23:20 Md. R. 1424); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .02-1 adopted effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .03 amended effective September 12, 1994 (21:18 Md. R. 1509); March 25, 1996 (23:6 Md. R. 476)*
- *Administrative History: Regulation .03B amended effective November 24, 2005 (32:23 Md. R. 1828)*
- *Administrative History: Regulation .03E amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03G amended effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .04A and C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05C, D amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05-1 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06B amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .06C amended effective February 27, 2006 (33:4 Md. R. 352)*
- *Administrative History: Regulation .07 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .07B amended effective August 30, 1993 (20:17 Md. R. 1346); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .07-1 adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .07-1A amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .09 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); revised permanently effective December 26, 2011 (38:26 Md. R. 1697)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.08.04** Disciplinary Loss of Leave. {#sec-11.02.08.04 omnilex-key=us-md-regs-official--title-11--11.02.08.04}
A. Disciplinary Loss of Leave. The appointing authority or the appointing authority's designee may, for disciplinary purposes, remove up to 5 days of personal or annual leave, or personal and annual leave, from an employee's accumulated leave balance. Personal leave shall be removed before annual leave. Disciplinary loss of leave may be imposed because of unacceptable job performance or work-related conduct.
B. Time Limit for Imposition of Loss of Leave. Loss of leave shall be imposed within the time frame set forth in Regulations .01D and .03E of this chapter.
C. Written Notice. The appointing authority or the appointing authority's designee shall notify an employee in writing on a Transportation Service Loss of Leave form of the reasons for the loss of leave and the appropriate appeal route, including the time frame for appeal.
D. Appeal of Disciplinary Loss of Leave. An employee may appeal a disciplinary loss of leave in accordance with the procedures set forth in Regulation .10 of this chapter.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01 amended effective February 27, 2006 (33:4 Md. R. 352); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .01C amended effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .02B amended effective August 30, 1993 (20:17 Md. R. 1346); October 7, 1996 (23:20 Md. R. 1424); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .02-1 adopted effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .03 amended effective September 12, 1994 (21:18 Md. R. 1509); March 25, 1996 (23:6 Md. R. 476)*
- *Administrative History: Regulation .03B amended effective November 24, 2005 (32:23 Md. R. 1828)*
- *Administrative History: Regulation .03E amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03G amended effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .04A and C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05C, D amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05-1 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06B amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .06C amended effective February 27, 2006 (33:4 Md. R. 352)*
- *Administrative History: Regulation .07 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .07B amended effective August 30, 1993 (20:17 Md. R. 1346); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .07-1 adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .07-1A amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .09 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); revised permanently effective December 26, 2011 (38:26 Md. R. 1697)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.08.05** Involuntary Demotion. {#sec-11.02.08.05 omnilex-key=us-md-regs-official--title-11--11.02.08.05}
A. An appointing authority or the appointing authority's designee may demote an employee for disciplinary or performance reasons, and may reduce the employee's salary or wages.
B. Time Limit for Imposition of an Involuntary Demotion. An involuntary demotion shall be imposed within the time frame set forth in Regulation .01D of this chapter.
C. Written Notice. The appointing authority or the appointing authority's designee shall provide an employee in writing with the reason or the reasons for the demotion, the proposed new classification and grade level, the future effective date of the demotion, and the appropriate appeal route, including the time frame for appeal.
D. The appointing authority or the appointing authority's designee shall give an employee notice at least 30 days before the effective date of a demotion.
E. Appeal of an Involuntary Demotion. An employee may appeal an involuntary demotion in accordance with the procedures set forth in Regulation .10 of this chapter.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01 amended effective February 27, 2006 (33:4 Md. R. 352); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .01C amended effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .02B amended effective August 30, 1993 (20:17 Md. R. 1346); October 7, 1996 (23:20 Md. R. 1424); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .02-1 adopted effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .03 amended effective September 12, 1994 (21:18 Md. R. 1509); March 25, 1996 (23:6 Md. R. 476)*
- *Administrative History: Regulation .03B amended effective November 24, 2005 (32:23 Md. R. 1828)*
- *Administrative History: Regulation .03E amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03G amended effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .04A and C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05C, D amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05-1 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06B amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .06C amended effective February 27, 2006 (33:4 Md. R. 352)*
- *Administrative History: Regulation .07 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .07B amended effective August 30, 1993 (20:17 Md. R. 1346); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .07-1 adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .07-1A amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .09 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); revised permanently effective December 26, 2011 (38:26 Md. R. 1697)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.08.05-1** Suspension Pending Charges for Termination of a Career Service Employee. {#sec-11.02.08.05-1 omnilex-key=us-md-regs-official--title-11--11.02.08.05-1}
A. An appointing authority or the appointing authority's designee may suspend a Career Service employee with or without pay pending final disposition of the charges for termination, if the suspension is necessary to protect the interests of the Department.
B. Written Notice. The appointing authority or the appointing authority's designee shall notify the employee in writing of the reason or reasons for the suspension pending charges for termination, the effective date of the suspension, and the appropriate appeal route, including the time frame for appeal.
C. Thirty Day Limitation for Suspension Without Pay Pending Charges for Termination.
(1) If an employee is suspended without pay, the appointing authority or designated representative shall provide to the Secretary of Transportation the charges for termination within 30 days after the first day of the suspension period.
(2) If the appointing authority or designated representative has not filed the charges for termination after 30 days, the employee shall be placed on leave with pay until the Secretary of Transportation receives charges for termination.
D. Time Limit for Imposition of Suspension Pending Charges for Termination. A suspension pending charges for termination shall be imposed within the time frame set forth in Regulation .01D of this chapter.
E. Appeal of Suspension Pending Charges.
(1) The Office of Administrative Hearings shall afford the employee a hearing, at which time the employee may:
(a) Rebut the reasons given for the suspension;
(b) Allege mitigating circumstances; and
(c) Offer alternatives to the suspension.
(2) An employee may appeal a suspension pending charges for termination in accordance with the procedures set forth in Regulation .10 of this chapter.
**Cross References**
11.02.08.06C
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01 amended effective February 27, 2006 (33:4 Md. R. 352); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .01C amended effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .02B amended effective August 30, 1993 (20:17 Md. R. 1346); October 7, 1996 (23:20 Md. R. 1424); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .02-1 adopted effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .03 amended effective September 12, 1994 (21:18 Md. R. 1509); March 25, 1996 (23:6 Md. R. 476)*
- *Administrative History: Regulation .03B amended effective November 24, 2005 (32:23 Md. R. 1828)*
- *Administrative History: Regulation .03E amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03G amended effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .04A and C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05C, D amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05-1 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06B amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .06C amended effective February 27, 2006 (33:4 Md. R. 352)*
- *Administrative History: Regulation .07 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .07B amended effective August 30, 1993 (20:17 Md. R. 1346); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .07-1 adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .07-1A amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .09 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); revised permanently effective December 26, 2011 (38:26 Md. R. 1697)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.08.06** Termination of a Career Service Employee. {#sec-11.02.08.06 omnilex-key=us-md-regs-official--title-11--11.02.08.06}
A. An appointing authority may, for cause, terminate a Career Service employee.
B. Cause for Termination. One or more than one of the following causes is sufficient reason for termination, though termination may be for a cause or causes other than those enumerated:
(1) The employee is incompetent or inefficient in the performance of job duties and is unable to perform at acceptable levels after proper guidance, training, and recommendations for improvement have been provided to the employee;
(2) The employee's action or inaction amounts to insubordination;
(3) The employee has performed the job duties in a careless, negligent, or willful manner, including causing damage to, or waste of, State property, State resources, or property of a member of the public;
(4) The employee has engaged in or attempted to engage in bribery or extortion in the performance of duties;
(5) The employee has a physical or mental impairment which prevents the employee from performing the essential functions of the job, with or without reasonable accommodations as determined by the Department Medical Advisor in accordance with applicable laws;
(6) The employee has violated any statute, regulation, executive order, written policy, written directive, or written rule;
(7) The employee has failed to obey a lawful and reasonable direction given by a supervisor or superior;
(8) The employee has committed an act of misconduct or a serious breach of discipline;
(9) Unauthorized absence;
(10) The employee has used unwarranted or excessive force in the treatment of other employees, supervisors, or members of the public;
(11) The employee has been wantonly offensive toward other employees, supervisors, or members of the public;
(12) The employee's action or inaction has caused or reasonably could be expected to result in loss or injury to the State or members of the public;
(13) The employee has stolen, or attempted to steal, State property, State resources, or property of a member of the public;
(14) The employee has misappropriated or mishandled State funds, revenues, resources, or property;
(15) The employee has willfully made a false official statement or report;
(16) The employee has been convicted of a felony or a job-related misdemeanor;
(17) The employee has violated Executive Order 01.01.1991.16 on substance abuse;
(18) The employee has taken for personal use a fee, gift, or other valuable thing in the course of work or in connection with it when the fee, gift, or other valuable thing is given to the employee by any person in the hope or expectation of receiving a favor or better treatment than that accorded other persons;
(19) The appointing authority or the appointing authority's designee has investigated an employee's qualifications and background and has discovered that fraudulent or irregular information resulted in the employee's appointment;
(20) The employee has engaged in conduct that has brought the Department into public disrepute.
C. An appointing authority or designated representative may suspend an employee with or without pay pending final disposition of the charges for termination if the suspension is necessary to protect the interests of the Department as provided in Regulation .01 of this chapter. The appointing authority or designated representative shall notify the employee in writing of the reason or reasons for the suspension pending charges for termination, and the effective date in accordance with Regulation .05-1 of this chapter.
D. Charges Shall be Filed with the Secretary of Transportation. The Secretary shall provide the employee, in writing, with a statement of the charges and specifications for termination, and the appropriate appeal route, including the time frame for appeal.
E. Time Limit for Imposition of Charges for Termination. Charges for termination shall be imposed within the time frame set forth in Regulation .01D of this chapter.
F. Appeal of Charges for Termination. An employee may appeal charges for termination in accordance with the procedures set forth in Regulation .10 of this chapter.
G. The Secretary shall issue an order upholding the employee’s termination from Transportation Service in the following instances:
(1) If no appeal is received by the Secretary or the Secretary’s designee within 15 days of receipt of the charges; and
(2) If no agreement is reached during the settlement conference and no appeal is received by the Office of Administrative Hearings within 15 days following the settlement conference.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01 amended effective February 27, 2006 (33:4 Md. R. 352); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .01C amended effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .02B amended effective August 30, 1993 (20:17 Md. R. 1346); October 7, 1996 (23:20 Md. R. 1424); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .02-1 adopted effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .03 amended effective September 12, 1994 (21:18 Md. R. 1509); March 25, 1996 (23:6 Md. R. 476)*
- *Administrative History: Regulation .03B amended effective November 24, 2005 (32:23 Md. R. 1828)*
- *Administrative History: Regulation .03E amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03G amended effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .04A and C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05C, D amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05-1 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06B amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .06C amended effective February 27, 2006 (33:4 Md. R. 352)*
- *Administrative History: Regulation .07 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .07B amended effective August 30, 1993 (20:17 Md. R. 1346); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .07-1 adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .07-1A amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .09 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); revised permanently effective December 26, 2011 (38:26 Md. R. 1697)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.08.07** Discipline or Termination of an Executive Service or Commission Plan Employee. {#sec-11.02.08.07 omnilex-key=us-md-regs-official--title-11--11.02.08.07}
A. An appointing authority may recommend to the Secretary of Transportation the discipline or termination of an Executive Service or Commission Plan employee. The Secretary shall review the request and, at the Secretary's discretion, approve or disapprove the recommended discipline or termination. After approval by the Secretary, the appointing authority shall send the employee written notice of the discipline or termination, and the appropriate appeal route, including the time frame for appeal to the Office of Administrative Hearings.
B. Appeal of Discipline or Termination.
(1) An Executive Service or Commission Plan employee may appeal the discipline or termination in writing to the Office of Administrative Hearings within 15 days of receipt of the discipline or termination notice. However, the employee has the burden of proof at the Office of Administrative Hearings, and the hearing is limited to the legal and constitutional basis for the discipline or termination.
(2) If the employee does not appeal the action within 15 days or if the employee does not appear for a scheduled hearing, the action is final.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01 amended effective February 27, 2006 (33:4 Md. R. 352); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .01C amended effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .02B amended effective August 30, 1993 (20:17 Md. R. 1346); October 7, 1996 (23:20 Md. R. 1424); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .02-1 adopted effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .03 amended effective September 12, 1994 (21:18 Md. R. 1509); March 25, 1996 (23:6 Md. R. 476)*
- *Administrative History: Regulation .03B amended effective November 24, 2005 (32:23 Md. R. 1828)*
- *Administrative History: Regulation .03E amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03G amended effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .04A and C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05C, D amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05-1 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06B amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .06C amended effective February 27, 2006 (33:4 Md. R. 352)*
- *Administrative History: Regulation .07 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .07B amended effective August 30, 1993 (20:17 Md. R. 1346); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .07-1 adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .07-1A amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .09 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); revised permanently effective December 26, 2011 (38:26 Md. R. 1697)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.08.07-1** Nondisciplinary Administrative Terminations of Police Officers of the Department. {#sec-11.02.08.07-1 omnilex-key=us-md-regs-official--title-11--11.02.08.07-1}
A. Termination.
(1) An appointing authority may recommend to the Secretary of Transportation the nondisciplinary administrative termination of a police officer of the Department.
(2) The Secretary or the Secretary's designee shall review the request and, at the discretion of the Secretary or the Secretary's designee, approve or disapprove the recommended termination.
(3) On approval of the termination by the Secretary or the Secretary's designee, the appointing authority shall send the police officer written notice of the termination and the appropriate appeal route, including the time frame for appeal.
B. Appeal of Termination.
(1) The procedures for appeal of termination are the same as provided for in Regulation .10 of this chapter.
(2) The hearing at the Office of Administrative Hearings is limited to the legal and constitutional basis for the termination.
**Cross References**
11.02.08.01G(2)
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01 amended effective February 27, 2006 (33:4 Md. R. 352); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .01C amended effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .02B amended effective August 30, 1993 (20:17 Md. R. 1346); October 7, 1996 (23:20 Md. R. 1424); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .02-1 adopted effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .03 amended effective September 12, 1994 (21:18 Md. R. 1509); March 25, 1996 (23:6 Md. R. 476)*
- *Administrative History: Regulation .03B amended effective November 24, 2005 (32:23 Md. R. 1828)*
- *Administrative History: Regulation .03E amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03G amended effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .04A and C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05C, D amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05-1 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06B amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .06C amended effective February 27, 2006 (33:4 Md. R. 352)*
- *Administrative History: Regulation .07 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .07B amended effective August 30, 1993 (20:17 Md. R. 1346); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .07-1 adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .07-1A amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .09 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); revised permanently effective December 26, 2011 (38:26 Md. R. 1697)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.08.08** Rejection on Promotional Probation {#sec-11.02.08.08 omnilex-key=us-md-regs-official--title-11--11.02.08.08}
A. An employee may be rejected on promotional probation in accordance with COMAR 11.02.02.05.
B. Time Limit for Imposition of Rejection on Promotional Probation. A rejection on promotional probation shall be imposed within the time frame set forth in Regulation .01D of this chapter.
C. Written Notice. The employee shall be provided written notice of the rejection on promotional probation in accordance with COMAR 11.02.02.05.
D. Appeal of Rejection on Promotional Probation. An employee may appeal a rejection on promotional probation in accordance with procedures set forth in Regulation .10 of this chapter.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01 amended effective February 27, 2006 (33:4 Md. R. 352); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .01C amended effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .02B amended effective August 30, 1993 (20:17 Md. R. 1346); October 7, 1996 (23:20 Md. R. 1424); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .02-1 adopted effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .03 amended effective September 12, 1994 (21:18 Md. R. 1509); March 25, 1996 (23:6 Md. R. 476)*
- *Administrative History: Regulation .03B amended effective November 24, 2005 (32:23 Md. R. 1828)*
- *Administrative History: Regulation .03E amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03G amended effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .04A and C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05C, D amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05-1 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06B amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .06C amended effective February 27, 2006 (33:4 Md. R. 352)*
- *Administrative History: Regulation .07 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .07B amended effective August 30, 1993 (20:17 Md. R. 1346); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .07-1 adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .07-1A amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .09 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); revised permanently effective December 26, 2011 (38:26 Md. R. 1697)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.08.09** Authority to Conduct Hearings and Appeals. {#sec-11.02.08.09 omnilex-key=us-md-regs-official--title-11--11.02.08.09}
The Office of Administrative Hearings shall conduct hearings and issue a final decision for Department of Transportation personnel cases.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01 amended effective February 27, 2006 (33:4 Md. R. 352); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .01C amended effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .02B amended effective August 30, 1993 (20:17 Md. R. 1346); October 7, 1996 (23:20 Md. R. 1424); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .02-1 adopted effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .03 amended effective September 12, 1994 (21:18 Md. R. 1509); March 25, 1996 (23:6 Md. R. 476)*
- *Administrative History: Regulation .03B amended effective November 24, 2005 (32:23 Md. R. 1828)*
- *Administrative History: Regulation .03E amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03G amended effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .04A and C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05C, D amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05-1 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06B amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .06C amended effective February 27, 2006 (33:4 Md. R. 352)*
- *Administrative History: Regulation .07 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .07B amended effective August 30, 1993 (20:17 Md. R. 1346); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .07-1 adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .07-1A amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .09 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); revised permanently effective December 26, 2011 (38:26 Md. R. 1697)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.08.10** Appeal Procedure. {#sec-11.02.08.10 omnilex-key=us-md-regs-official--title-11--11.02.08.10}
A. A Career Service employee may appeal an Official Written Reprimand, Suspension without Pay, Loss of Leave, Involuntary Demotion, Suspension pending charges for Termination, Charges for Termination, and Rejection on Promotional Probation, in writing, to the Secretary or the Secretary’s designee within 15 days of receipt of the written notice.
B. If an employee does not appeal the action within the specified time frames, the action is final.
C. Filing an Appeal.
(1) An appeal is considered filed on the date the appeal is received by the Secretary or the Secretary’s designee.
(2) The employee shall include with the appeal, the reason for the appeal, the requested remedy, and a copy of the notice of disciplinary action, with any documentation that was attached.
(3) A copy of the appeal shall be forwarded to the Appointing Authority.
D. Settlement Conference.
(1) The Secretary or the Secretary’s designee will schedule a settlement conference within 30 days from the receipt of the written appeal. The Secretary or the Secretary’s designee shall send written notice of a settlement conference to the parties by mail or facsimile.
(2) The settlement conference notice shall contain:
(a) The date, time, place, and the nature of the conference;
(b) A statement that notice must be received 3 business days before the conference date if special arrangements are needed to accommodate an individual with a disability;
(c) A statement that notice must be received 3 business days before the conference date if an interpreter is needed; and
(d) A statement that failure to participate in good faith or to attend a conference may result in a decision adverse to a party.
(3) A party or a designated representative shall be present for all scheduled settlement conferences.
(4) If a designated representative participates in a settlement conference instead of a party, the designated representative shall have the authority to negotiate or settle the matter appealed.
(5) The designation of the representative shall be in writing.
(6) If neither the employee nor the designated representative appears at the scheduled settlement conference, the action is final.
(7) When the employee’s designated representative is another State employee, the appointing authority of the designated representative shall assure that the designated representative is given reasonable time during work hours to investigate appeals and participate in settlement conferences and hearings relating to an appeal. An employee may not leave the employee’s post of duty to represent another employee at a grievance appeal or a disciplinary appeal conference or hearing without permission from the employee’s supervisor.
(8) The appointing authority shall assure that the employee is given reasonable time during work hours to investigate appeals and participate in settlement conferences and hearings relating to an appeal.
(9) At the exclusive discretion of the Secretary or the Secretary’s designee, a settlement conference may be conducted by telephone, video, or other electronic means if each party has an opportunity to participate in the entire proceeding. Except as authorized by the Secretary or the Secretary’s designee, documents for a telephone, video, or electronic conference shall be received by the Secretary or the Secretary’s designee and each party at least 3 business days before the scheduled conference.
(10) If an agreement is not reached during the settlement conference, the employee shall have 15 days from the date of the settlement conference to appeal, in writing, to the Office of Administrative Hearings, with a copy to the Secretary or the Secretary’s designee.
E. Postponement of a Settlement Conference.
(1) The Secretary or the Secretary’s designee shall only consider a postponement of a settlement conference:
(a) If the requesting party provides a written request 3 business days before the scheduled conference and establishes good cause for the postponement;
(b) In the case of an emergency as defined in §E(3)of this regulation; or
(c) Under unusual circumstances as determined by the Secretary or the Secretary’s designee.
(2) The Secretary or the Secretary’s designee may require documentation of the reasons for the postponement from the party requesting the postponement.
(3) Emergency postponements are granted only when the emergency is a sudden, unforeseen occurrence requiring the immediate attention of the requesting party.
(4) If the postponement is requested due to a medical emergency, the party requesting the postponement shall submit written medical documentation by one of the medical providers specified in COMAR 11.02.03.07G(6). Failure to provide the required documentation may result in a decision adverse to the requesting party.
F. Appeal Hearing.
(1) Official Written Reprimand, Suspension without Pay, Loss of Leave, Involuntary Demotion, Charges for Termination, and Rejection on Promotional Probation. An administrative law judge of the Office of Administrative Hearings shall hear the appeal within 90 days and shall render a final decision within 45 days of the hearing.
(2) Suspension Pending Charges for Termination.
(a) An administrative law judge of the Office of Administrative Hearings shall hear the appeal within 45 days, at which time the employee may:
(i) Rebut the reasons given for the suspension;
(ii) Allege mitigating circumstances; and
(iii) Offer alternatives to the suspension.
(b) The administrative law judge shall issue a final decision within 15 days of the hearing.
G. Representation. An employee may be represented at a grievance hearing or appeal hearing by an attorney, an employee organization representative, or any other individual authorized, in writing, by the employee to represent him or her.
H. Compensation for Representatives and Witnesses.
(1) An employee may not lose salary or wages, including overtime and shift differential payments, for investigating, processing, or testifying during any step of the grievance procedure or appeal hearing.
(2) Attendance at a hearing is considered work time, and the appointing authority or the appointing authority's designee shall ensure that an employee who is required to attend a grievance hearing or an appeal hearing receives salary or wages.
I. Leaving Duty Post. An employee may not leave the employee's duty post to engage in grievance handling or to pursue an appeal without the permission of the employee's supervisor.
J. Payment of Travel Expenses. The appointing authority or the appointing authority's designee shall pay travel expenses, as set forth in COMAR 23.02.01, incurred by its employees in connection with attendance at grievance or appeal hearings.
K. Burden of Proof.
(1) Decisions shall be based upon a preponderance of the evidence.
(2) The appointing authority or the appointing authority's designee bears the burden of proof in the following cases:
(a) Disciplinary cases involving a Career Service employee;
(b) Appeal of a less than Meets Standards performance appraisal rating; and
(c) Appeal of a denial of a salary increase due to a performance appraisal rating.
(3) The employee bears the burden of proof in the following cases:
(a) Grievance hearings, except for appeal of a less than Meets Standards performance appraisal rating and denial of salary increase due to performance appraisal rating;
(b) Rejection of employee on probation as set forth in COMAR 11.02.02.05A;
(c) Rejection of employee on probation as set forth in COMAR 11.02.02.05C;
(d) Disqualification from future employment of a Career Service employee;
(e) Discipline or termination of a Commission Plan employee or Executive Service employee; and
(f) Rejection on probation of a police officer serving an initial probationary period as a police officer.
L. An aggrieved party may seek judicial review of the final decision in accordance with the provisions of the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland.
**Cross References**
11.02.02.05J(4)
11.02.08.02-1D
11.02.08.03G
11.02.08.04D
11.02.08.05E
11.02.08.05-1E(2)
11.02.08.06F
11.02.08.07-1B(1)
11.02.08.08D
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01 amended effective February 27, 2006 (33:4 Md. R. 352); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .01C amended effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .02B amended effective August 30, 1993 (20:17 Md. R. 1346); October 7, 1996 (23:20 Md. R. 1424); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .02-1 adopted effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .03 amended effective September 12, 1994 (21:18 Md. R. 1509); March 25, 1996 (23:6 Md. R. 476)*
- *Administrative History: Regulation .03B amended effective November 24, 2005 (32:23 Md. R. 1828)*
- *Administrative History: Regulation .03E amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .03G amended effective October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .04A and C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509); December 30, 1996 (23:26 Md. R. 1860)*
- *Administrative History: Regulation .04 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .05C, D amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05-1 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .06B amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .06C amended effective February 27, 2006 (33:4 Md. R. 352)*
- *Administrative History: Regulation .07 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .07B amended effective August 30, 1993 (20:17 Md. R. 1346); October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .07-1 adopted effective October 7, 1996 (23:20 Md. R. 1424)*
- *Administrative History: Regulation .07-1A amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08 amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .08C amended effective August 30, 1993 (20:17 Md. R. 1346); September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .09 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10 amended effective September 12, 1994 (21:18 Md. R. 1509); April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .10C amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); revised permanently effective December 26, 2011 (38:26 Md. R. 1697)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
## **11.02.09** Grievances
##### **COMAR 11.02.09.01** Definitions and Application. {#sec-11.02.09.01 omnilex-key=us-md-regs-official--title-11--11.02.09.01}
A. Definitions.
(1) “Days” means calendar days.
(2) “Exclusive representative” means an employee organization that has been certified by the State Labor Relations Board as an exclusive representative under State Personnel and Pensions Article, Division I, Title 3, Subtitle 4, Annotated Code of Maryland.
(3) Grievance.
(a) “Grievance” means a cause of complaint, unless otherwise provided for by law or regulation, arising between a Transportation Service employee and the Department over the interpretation and application of Department regulations, rules, or policies over which management has control or over a term or condition of a memorandum of understanding between the State and the exclusive representative.
(b) “Grievance” does not include a dispute about:
(i) A pay grade or range for a classification;
(ii) The amount or the effective date of a Statewide pay increase;
(iii) The establishment of a classification;
(iv) The assignment of a classification to a service category;
(v) A mid-year performance appraisal; or
(vi) An oral reprimand or counseling memoranda.
(4) “Party” means:
(a) An employee having a grievance; or
(b) An aggrieved employee's appointing authority or the appointing authority's designee, or both.
B. The following employees are authorized to present grievances:
(1) Career Service;
(2) Executive Service; and
(3) Commission Plan.
C. The following employees are not authorized to present grievances:
(1) Temporary;
(2) Contractual;
(3) Law enforcement;
(4) Those covered under Maryland Transit Administration collective bargaining agreements;
(5) Emergency.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01A amended effective November 15, 2021 (48:23 Md. R. 981)*
- *Administrative History: Regulation .01C amended effective July 12, 2010 (37:14 Md. R. 938)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346); November 15, 2021 (48:23 Md. R. 981)*
- *Administrative History: Regulation .02K adopted effective July 12, 2010 (37:14 Md. R. 938)*
- *Administrative History: Regulation .03 adopted effective February 1, 1993 (20:2 Md. R. 113)*
- *Administrative History: Regulation .03B amended effective July 12, 2010 (37:14 Md. R. 938)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); July 12, 2010 (37:14 Md. R. 938); November 15, 2021 (48:23 Md. R. 981)*
- *Administrative History: Regulation .03D amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 adopted effective December 30, 1996 (23:26 Md. R. 1860)*
- *Authority: State Personnel and Pensions Article, §12-101; Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.09.02** General. {#sec-11.02.09.02 omnilex-key=us-md-regs-official--title-11--11.02.09.02}
A. Time Limits — Employee. An employee shall file a grievance in writing, on a grievance form supplied by the Human Resources Office, within 30 days of the alleged cause of complaint or knowledge of the complaint. Failure to file or appeal any step of the grievance process within the time limits specified results in dismissal of the grievance.
B. Time Limits — Appointing Authority or Appointing Authority's Designee. Failure to render a decision within the time limits specified constitutes a denial which the employee may appeal, within the appropriate time limits, to the next step of the grievance process.
C. Waiver of Time Limits or Steps. By mutual agreement, both parties may waive time limits or steps of the grievance process.
D. Failure of Grievant to Appear at Scheduled Grievance Conference. Failure of a grievant to appear at a scheduled grievance conference shall result in dismissal of the grievance, unless a valid or documented reason acceptable to the grievance conference officer is provided to explain the grievant's absence.
E. Efforts to Resolve a Grievance and Consolidation of Similar Grievances. Both parties shall endeavor to resolve a grievance at the lowest possible step. Similar grievances may be consolidated and processed together as a single grievance.
F. The employee may be represented at any step of the grievance procedure by any person of the employee's choosing.
G. In a reclassification grievance, the Office of Administrative Hearings may award back pay to the employee for a maximum of 1 year before the date the employee presented the grievance in writing to the appointing authority or the appointing authority's designee.
H. Burden of Proof.
(1) Decisions shall be based upon a preponderance of the evidence.
(2) The appointing authority or the appointing authority’s designee bears the burden of proof in the following grievances:
(a) Appeal of a less than “Meets Standards” annual performance appraisal rating; and
(b) Appeal of a denial of a salary increase due to an annual performance appraisal rating.
(3) The employee bears the burden of proof in all other grievances.
I. An employee with an annual written performance appraisal rating equivalent to overall “Meets Standards” or higher may only grieve the evaluation up to Step Two of the grievance procedure.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01A amended effective November 15, 2021 (48:23 Md. R. 981)*
- *Administrative History: Regulation .01C amended effective July 12, 2010 (37:14 Md. R. 938)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346); November 15, 2021 (48:23 Md. R. 981)*
- *Administrative History: Regulation .02K adopted effective July 12, 2010 (37:14 Md. R. 938)*
- *Administrative History: Regulation .03 adopted effective February 1, 1993 (20:2 Md. R. 113)*
- *Administrative History: Regulation .03B amended effective July 12, 2010 (37:14 Md. R. 938)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); July 12, 2010 (37:14 Md. R. 938); November 15, 2021 (48:23 Md. R. 981)*
- *Administrative History: Regulation .03D amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 adopted effective December 30, 1996 (23:26 Md. R. 1860)*
- *Authority: State Personnel and Pensions Article, §12-101; Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.09.03** Grievance Process. {#sec-11.02.09.03 omnilex-key=us-md-regs-official--title-11--11.02.09.03}
A. Step One. An employee shall initiate a grievance appeal in writing to the employee's appointing authority or the appointing authority's designee within 30 days of the alleged cause of complaint or knowledge of the complaint. In addition, the employee may discuss the grievance orally with the employee's supervisor within the same 30-day period. The appointing authority or the appointing authority's designee shall hear the grievance within 10 days or on a mutually agreed upon date. The appointing authority or the appointing authority's designee shall render a written decision within 20 days of hearing the grievance. If the employee chooses to appeal to Step Two, the appeal shall be filed within 10 days after receipt of the written decision.
B. Step Two. An employee may appeal the grievance within 10 days to the Secretary or the Secretary's designee. The Secretary or the Secretary's designee shall hear the grievance within 15 days of receipt of the appeal or on a mutually agreed upon date. The Secretary or the Secretary's designee shall render a decision within 40 days of hearing the grievance. If the employee chooses to appeal to Step Three, the appeal shall be filed within 15 days after receipt of the written decision.
C. Step Three. An employee may submit the grievance complaint to the Office of Administrative Hearings on a grievance form provided by the Human Resources Office. An administrative law judge of the Office of Administrative Hearings shall render a written decision, which is binding on all parties, within 45 calendar days after a hearing is held, or within 45 days after all legal memoranda or briefs have been filed.
D. An aggrieved party may seek judicial review of the final decision in accordance with the provisions of the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01A amended effective November 15, 2021 (48:23 Md. R. 981)*
- *Administrative History: Regulation .01C amended effective July 12, 2010 (37:14 Md. R. 938)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346); November 15, 2021 (48:23 Md. R. 981)*
- *Administrative History: Regulation .02K adopted effective July 12, 2010 (37:14 Md. R. 938)*
- *Administrative History: Regulation .03 adopted effective February 1, 1993 (20:2 Md. R. 113)*
- *Administrative History: Regulation .03B amended effective July 12, 2010 (37:14 Md. R. 938)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); July 12, 2010 (37:14 Md. R. 938); November 15, 2021 (48:23 Md. R. 981)*
- *Administrative History: Regulation .03D amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 adopted effective December 30, 1996 (23:26 Md. R. 1860)*
- *Authority: State Personnel and Pensions Article, §12-101; Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
##### **COMAR 11.02.09.04** Freedom from Reprisal. {#sec-11.02.09.04 omnilex-key=us-md-regs-official--title-11--11.02.09.04}
A. An employee may not be subject to coercion, discrimination, interference, reprisal, or restraint as a result of pursuing a grievance.
B. An employee of the Department may not intentionally take or assist in taking an act of coercion, discrimination, interference, reprisal, or restraint against another employee as a result of pursuing a grievance.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .01A amended effective November 15, 2021 (48:23 Md. R. 981)*
- *Administrative History: Regulation .01C amended effective July 12, 2010 (37:14 Md. R. 938)*
- *Administrative History: Regulation .02 amended effective August 30, 1993 (20:17 Md. R. 1346); November 15, 2021 (48:23 Md. R. 981)*
- *Administrative History: Regulation .02K adopted effective July 12, 2010 (37:14 Md. R. 938)*
- *Administrative History: Regulation .03 adopted effective February 1, 1993 (20:2 Md. R. 113)*
- *Administrative History: Regulation .03B amended effective July 12, 2010 (37:14 Md. R. 938)*
- *Administrative History: Regulation .03C amended effective August 30, 1993 (20:17 Md. R. 1346); July 12, 2010 (37:14 Md. R. 938); November 15, 2021 (48:23 Md. R. 981)*
- *Administrative History: Regulation .03D amended effective September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .04 adopted effective December 30, 1996 (23:26 Md. R. 1860)*
- *Authority: State Personnel and Pensions Article, §12-101; Transportation Article, §§2-102 and 2-103.4; Annotated Code of Maryland*
## **11.02.10** Employee Performance Appraisal
##### **COMAR 11.02.10.01** Standards. {#sec-11.02.10.01 omnilex-key=us-md-regs-official--title-11--11.02.10.01}
The Secretary shall establish standards for the evaluation of attendance, work quantity, work quality, and any other pertinent factors of employee performance, and may amend these standards as may be necessary from time to time.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .02G amended effective July 12, 2010 (37:14 Md. R. 938)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.10.02** Appraisals. {#sec-11.02.10.02 omnilex-key=us-md-regs-official--title-11--11.02.10.02}
A. The appointing authority or the appointing authority's designee shall ensure that written appraisals of the performance of all Career Service, Commission Plan, and Executive Service employees working under the jurisdiction of the appointing authority or the appointing authority's designee be made at least once each year.
B. The performance appraisal shall be made by the employee's immediate supervisor, whenever practicable, and shall be reviewed and approved by the next level of supervision.
C. The performance appraisal may be reviewed by the appointing authority or the appointing authority's designee.
D. The employee's immediate supervisor shall discuss the performance appraisal with the employee.
E. Less-than-standard appraisals shall be reported to the appointing authority or the appointing authority's designee.
F. An employee may appeal a performance appraisal or denial of salary increase in accordance with COMAR 11.02.09.
G. An employee with a written performance appraisal rating equivalent to overall “meets standards” or higher may only grieve the evaluation up to Step Two of the grievance procedure outlined in COMAR 11.02.09.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .02G amended effective July 12, 2010 (37:14 Md. R. 938)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
## **11.02.11** Testing for Drugs and Alcohol
##### **COMAR 11.02.11.01** Illegal Use of Drugs and Alcohol. {#sec-11.02.11.01 omnilex-key=us-md-regs-official--title-11--11.02.11.01}
A. The purpose of these regulations is to define and elaborate on the State's policy that employees are prohibited from the illegal use of drugs and from using or being under the influence of alcohol while on duty.
B. In accordance with the documents incorporated by reference in Regulation .02 of this chapter, employees and applicants for employment are subject to:
(1) Drug and alcohol testing; and
(2) Disciplinary actions for violations of these regulations.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .05F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .12A amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.16 repealed and new Regulation .01 adopted as an emergency provision effective January 1, 1995 (22:2 Md. R. 73)*
- *Administrative History: Regulations .01—.16 repealed and new Regulations .01 and .02 adopted effective May 8, 1995 (22:9 Md. R. 645)*
- *Authority: Transportation Article, §2-103, Annotated Code of Maryland*
##### **COMAR 11.02.11.02** Incorporation by Reference. {#sec-11.02.11.02 omnilex-key=us-md-regs-official--title-11--11.02.11.02}
A. In this chapter, the following documents are incorporated by reference.
B. Documents Incorporated.
(1) Governor's Executive Order 01.01.1991.16.
(2) 14 CFR §61.14 (1993), as amended and published in 59 FR 7388—7389 (1994).
(3) 14 CFR §63.12b (1993), as amended and published in 59 FR 7389 (1994).
(4) 14 CFR §65.23 (1993), as amended and published in 59 FR 7389 (1994).
(5) 14 CFR §§65.46a and 65.46b, as published in 59 FR 7389 (1994).
(6) 14 CFR §§121.458 and 121.459 and 14 CFR 121, Appendix J, as published in 59 FR 7389—7396 (1994).
(7) 14 CFR §135.1 (1993), as amended and published in 59 FR 7396 (1994).
(8) 14 CFR §§135.253 and 135.255, as published in 59 FR 7396—7397 (1994).
(9) 49 CFR 40, 382, 653, and 654, as published in 59 FR 7354—7366, 7505—7514, 7549—7557, 7589—7595, and 43000—43019 (1994).
(10) 49 CFR §392.5 (1993), and the amendments published in 59 FR 7514—7515 (1994).
(11) “On-duty time” as defined in 49 CFR §395.2(8), as published in 59 FR 7515 (1994).
**Cross References**
11.02.11.01B
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Administrative History: Regulation .05F amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: Regulation .12A amended effective August 30, 1993 (20:17 Md. R. 1346)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.16 repealed and new Regulation .01 adopted as an emergency provision effective January 1, 1995 (22:2 Md. R. 73)*
- *Administrative History: Regulations .01—.16 repealed and new Regulations .01 and .02 adopted effective May 8, 1995 (22:9 Md. R. 645)*
- *Authority: Transportation Article, §2-103, Annotated Code of Maryland*
## **11.02.12** Pilot Programs, Research Projects, and Demonstration Projects
##### **COMAR 11.02.12.01** Definitions. {#sec-11.02.12.01 omnilex-key=us-md-regs-official--title-11--11.02.12.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Pilot program” means a program designed to determine whether a specified change in human resource policies, procedures, or practices results in improved human resource management.
(2) “Research or demonstration project” means a study of human resource operational methodology, a study of the effects of human resource operational policies and practices, or a study of comparative alternatives in human resource management.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.12.02** General. {#sec-11.02.12.02 omnilex-key=us-md-regs-official--title-11--11.02.12.02}
A. Notwithstanding any other provisions of this subtitle, the Secretary may establish pilot programs, research projects, or demonstration projects in the Transportation Service.
B. A pilot program, research project, or demonstration project may not exceed 5 years in length.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 27)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
## **11.02.13** Family Medical Leave
##### **COMAR 11.02.13.01** Purpose. {#sec-11.02.13.01 omnilex-key=us-md-regs-official--title-11--11.02.13.01}
These regulations implement the provisions of the Family and Medical Leave Act of 1993 (FMLA) and are intended to balance the demands of the work place with the needs of families, to promote stability and economic security of families, and to promote national interests in preserving family integrity.
**History**
- *Administrative History: Effective date: September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .02 amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .03 amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .05F adopted effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .06A, C amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .07A amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.13.02** Definitions. {#sec-11.02.13.02 omnilex-key=us-md-regs-official--title-11--11.02.13.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Chronic serious health condition” means a condition which:
(a) Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under the direct supervision of a health care provider;
(b) Continues over an extended period of time, including recurring episodes of a single underlying condition; and
(c) May cause episodic, rather than continuing, periods of incapacity, for example, asthma, diabetes, or epilepsy.
(2) “Continuing treatment by a health care provider” has the meaning stated in §C of this regulation.
(3) “Employment benefits” means benefits provided or made available to employees by the Department, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions.
(4) “Equivalent position” means a position having:
(a) The same pay, benefits, and working conditions;
(b) The same or substantially similar duties and responsibilities;
(c) Substantially equivalent skill, effort, responsibility, and authority;
(d) The same work site or a geographically proximate work site;
(e) The same shift or an equivalent schedule; and
(f) The same opportunity for nondiscretionary payments.
(5) “Family member” means a spouse, parent, son, or daughter.
(6) “FMLA leave” means unpaid family medical leave taken under the provisions of this chapter.
(7) “Group health plan” means any plan of, or contributed to by, the Department, including a self-insured plan, to provide health care, directly or otherwise, to the Department's employees.
(8) “Health care provider” means a:
(a) Doctor of medicine or osteopathy who is authorized to practice medicine or surgery;
(b) Podiatrist, performing within the scope of the podiatrist's practice as defined under State law;
(c) Dentist, performing within the scope of the dentist's practice as defined under State law;
(d) Clinical psychologist, performing within the scope of the clinical psychologist's practice as defined under State law;
(e) Optometrist, performing within the scope of the optometrist's practice as defined under State law;
(f) Chiropractor, limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist, performing within the scope of the chiropractor's practice as defined under State law;
(g) Nurse practitioner, nurse midwife, and clinical social worker who are authorized to practice under State law and who are performing within the scope of their practice as defined under State law;
(h) Christian Science practitioner listed with the First Church of Christ, Scientist in Boston, Massachusetts; and
(i) Health care provider from whom a benefits manager for State of Maryland group health plans will accept certification of the existence of a serious health condition to substantiate a claim for benefits.
(8-1) “Incapacity” means an inability to work, attend school, or perform other regular daily activities because of a serious condition, treatment, or recovery.
(9) “Intermittent leave” means leave taken in separate periods of time due to a single illness or injury of an employee or family member.
(10) “Paid leave” means vacation, personal, compensatory, holiday, and earned sick leave.
(11) “Parent” means the biological parent of an employee or an individual who stands or stood in loco parentis to an employee when the employee was a child.
(12) “Physical or mental disability” means a physical or mental impairment that substantially limits one or more of the major life activities of an individual.
(13) “Reduced work schedule” means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.
(13-1) Return to Work.
(a) “Return to work” means a return to work by an employee for a period of at least 30 calendar days.
(b) “Return to work” includes cases in which an employee retires within 30 calendar days or retires directly from FMLA leave.
(14) Serious Health Condition.
(a) “Serious health condition” means an illness, injury, impairment, or physical or mental condition that involves:
(i) Inpatient care, any subsequent treatment in connection with the inpatient care, or continuing treatment by a health care provider;
(ii) Restorative dental or plastic surgery after an injury or removal of cancerous growths if all FMLA requirements are met;
(iii) Mental illness resulting from stress or allergies, if all FMLA requirements are met; or
(iv) Substance abuse, if all FMLA requirements are met and treatment for the substance abuse is provided by a health care provider or a provider of health care services.
(b) “Serious health condition” does not include:
(i) Conditions for which cosmetic treatments are administered, such as most treatments for acne or plastic surgery, unless inpatient hospital care is required or complications develop;
(ii) Absences resulting from substance abuse, except as specified in §B(14)(a)(iv) of this regulation;
(iii) The common cold, the flu, earaches, upset stomach, headaches other than migraines, routine dental or orthodontic problems, periodontal disease, and other routine health problems.
(14-1) “Son or daughter” means a biological child, adopted child, foster child, stepchild, or legal ward of a person standing in loco parentis, who is younger than 18 years old, or 18 years old or older and incapable of self-care because of a physical or mental disability.
(15) “Spouse” means a husband or wife as defined or recognized by the state in which the employee resides.
(16) “State” means any state of the United States, the District of Columbia, or a possession of the United States.
C. Continuing Treatment by a Health Care Provider.
(1) Specific.
(a) “Continuing treatment by a health care provider” means a situation in which the employee or family member has a serious health condition involving a period of incapacity of more than 3 consecutive calendar days, including any subsequent treatment or period of incapacity relating to the same condition, and that also involves treatment:
(i) Two or more times by a health care provider, a nurse or physician's assistant under the direct supervision of a health care provider, or a provider of health care services, such as a physical therapist, under orders of, or on referral by, a health care provider; or
(ii) By a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of a health care provider.
(b) In this subsection, “treatment” includes, but is not limited to, examinations to determine if a serious health condition exists and evaluations of that condition. “Treatment” does not include routine physical, eye, or dental examinations.
(2) General. “Continuing treatment by a health care provider” also means a period of:
(a) Incapacity for pregnancy or for prenatal care;
(b) Incapacity or treatment for the incapacity due to a chronic serious health condition;
(c) Incapacity which is permanent or long-term due to a condition for which treatment may not be effective, and for which the employee or family member is under the continuing treatment of, but not necessarily receiving active treatment from, a health care provider, for example, Alzheimer's disease or a severe stroke;
(d) Absence taken to receive multiple treatments, including periods of recovery, from a health care provider or by a provider of health care services under the orders of, or on referral by, a health care provider.
**Cross References**
11.02.03.07H(2)(a)
**History**
- *Administrative History: Effective date: September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .02 amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .03 amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .05F adopted effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .06A, C amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .07A amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.13.03** Eligibility and Use. {#sec-11.02.13.03 omnilex-key=us-md-regs-official--title-11--11.02.13.03}
A. In order to be entitled to FMLA leave, an employee shall have a minimum of 12 months employment with the State.
B. An employee may not be disqualified on the basis that fewer than 50 employees work within a 75-mile radius of the work site.
C. FMLA leave may be used for:
(1) The birth of a child and subsequent care;
(2) The care of a child placed with the employee for adoption or foster care;
(3) The care of a seriously ill spouse, child, or parent; or
(4) A serious health condition that makes an employee unable to perform the essential functions of the employee's position.
D. Employees may use up to 12 weeks of unpaid leave under these regulations within a 12-month period.
E. Calculation of the 12-Month Period.
(1) The 12-month period is calculated backward from the date FMLA leave is first taken under this policy.
(2) The Department may change to another method of calculating the 12-month period by giving at least 60 days notice to employees and ensuring that the change takes place in such a way that employees retain the full benefit of 12 weeks of FMLA leave.
F. Employees requesting leave under these regulations shall first use any available paid leave, which shall be deducted from the 12-week maximum entitlement set forth in §D of this regulation.
G. Except for work injury leave, advanced sick leave, extended sick leave, donated leave or leave from the Leave Bank, and earned sick leave used under the provisions of COMAR 11.02.03.07B(3), any leave used before a request for FMLA leave may not be deducted from the employee's FMLA entitlement set forth in §D of this regulation.
H. Work injury leave, advanced sick leave, extended sick leave, donated leave or leave from the Leave Bank, and earned sick leave used under the provisions of COMAR 11.02.03.07B(3), used during the 12-month period specified in §D of this regulation, shall automatically be counted against the employee's entitlement set forth in §D of this regulation.
I. Employees shall continue to accrue leave, service credits, and other benefits under the provisions of this subtitle during paid leave.
J. The entire 12 weeks of family medical leave taken for the birth of a child or the placement of a child for adoption or foster care shall be taken within 12 months of the birth or placement.
K. A husband and wife shall be allowed a total of 12 weeks of FMLA leave for the birth of a child or the placement of a child for adoption or foster care.
L. An employee may not be required to take a position with reasonable accommodation instead of FMLA leave entitlement.
M. An employee may not be required to take FMLA leave instead of reasonable accommodation.
N. An employee who has exhausted FMLA leave entitlement shall retain any applicable right to reasonable accommodation.
O. An employee's rights under these regulations remain in effect until the employee gives unequivocal notice of intent not to return to work.
P. Except as specified in §H of this regulation, leave previously taken for which the employee would have been entitled to FMLA leave may not be designated as FMLA leave after the leave has ended.
**History**
- *Administrative History: Effective date: September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .02 amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .03 amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .05F adopted effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .06A, C amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .07A amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.13.04** Continuation of Health Care Benefits. {#sec-11.02.13.04 omnilex-key=us-md-regs-official--title-11--11.02.13.04}
A. During the period of FMLA leave, the employee shall be entitled to continuation of health benefits coverage, and shall be entitled to any added coverage or changes in health care benefits that are made available to other employees.
B. During periods in which the employee is receiving pay, the employee's share of health insurance premiums shall continue to be deducted from the employee's pay.
C. During periods of unpaid FMLA leave, the Department shall pay both the employer and employee portions of health insurance premiums.
D. Within six pay periods of the employee's return to work, the employee shall reimburse the Department for the employee's portion paid by the Department while on unpaid leave. Repayment shall be by payroll deduction unless the employee elects to make repayment by lump sum.
E. If the employee does not return to work, the employee shall repay both the employee's and the Department's portion of any health insurance premiums paid by the Department during periods of unpaid FMLA leave. The employee may elect to repay the Department either by a lump sum or by a mutually agreeable payment plan.
F. Employee Not Returning to Work Due to Serious Health Condition.
(1) The Department may not require the employee to repay health insurance premiums paid by the Department if the employee does not return to work due to a serious health condition that would entitle the employee to FMLA leave or because of other circumstances beyond the employee's control.
(2) If an employee does not return to work due to a serious health condition of the employee or a family member, the Department may require medical certification of the serious health condition.
(3) If the certification specified in §E(1) of this regulation is not provided within 30 days, the employee may be required to repay the Department all costs of health insurance payments made during unpaid FMLA leave.
**History**
- *Administrative History: Effective date: September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .02 amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .03 amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .05F adopted effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .06A, C amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .07A amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.13.05** Restoration to Work. {#sec-11.02.13.05 omnilex-key=us-md-regs-official--title-11--11.02.13.05}
A. An employee returning from FMLA leave shall be returned to the employee's former position or an equivalent position.
B. If special qualifications that are required for the position have lapsed during the employee's leave, the employee shall be given reasonable opportunity to fulfill the requirements after returning to work.
C. An employee returning to work has no greater right to the employee's former job or an equivalent position, or to other benefits, than if the employee had been continuously employed during the period of leave.
D. An employee who is hired for a specific term, or only to perform work on a specific project, has no right to the employee's former job or an equivalent position if the employment term or project is over and the employer would not otherwise have continued employment.
E. Employees who did not choose to continue health care coverage or other employer-provided insurance coverage during periods of FMLA leave shall have benefits resumed at the same level as when leave began without a new qualification period.
F. If an employee is unable to perform an essential function of the employee's former position or an equivalent position because of a physical or mental condition, including the continuation of a serious health condition, the employee has no right to restoration to another position under the FMLA. However, the provisions of the Americans with Disabilities Act shall apply, as appropriate.
**History**
- *Administrative History: Effective date: September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .02 amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .03 amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .05F adopted effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .06A, C amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .07A amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.13.06** Certification by Health Care Provider. {#sec-11.02.13.06 omnilex-key=us-md-regs-official--title-11--11.02.13.06}
A. If the certification required by this regulation is not provided by the health care provider, the Department may deny FMLA leave until the certification is received.
B. Leave to Care for Family Member.
(1) The Department may require an employee applying for FMLA leave to care for a family member to provide certification from a health care provider that the employee is needed to care for the family member.
(2) Care for a family member includes providing psychological comfort and arranging for third-party care.
(3) Certification by a health care provider shall indicate that:
(a) Third-party care is necessary for the family member; or
(b) The employee's presence would provide psychological comfort and be beneficial to the family member.
C. Employee Serious Health Condition.
(1) The Department shall require an employee applying for FMLA leave to provide certification from a health care provider that the employee has a serious health condition and is unable to perform the function of the employee's job.
(2) The Department may require the employee to obtain a second opinion from a health care provider not employed by the Department.
(3) If the first and second opinions differ, the Department may require a third opinion from a health care provider mutually selected by the employee and the Department.
(4) The cost of second and third opinions shall be paid by the employing administration.
(5) Pending receipt of the second or third opinions, the employee is provisionally entitled to FMLA leave.
D. If the need for FMLA leave is foreseeable and certification is not provided within 15 days of the Department's request for certification, the leave may be denied until certification is received.
E. Recertification. The Department may not require recertification of FMLA leave status more frequently than every 30 days unless:
(1) The employee requests an extension;
(2) Circumstances regarding the illness or injury change significantly; or
(3) New information casts doubt upon the validity of the most recent certification.
**History**
- *Administrative History: Effective date: September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .02 amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .03 amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .05F adopted effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .06A, C amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .07A amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.13.07** Fitness for Duty. {#sec-11.02.13.07 omnilex-key=us-md-regs-official--title-11--11.02.13.07}
A. An administration may require fitness for duty certification for employees who return to work from FMLA leave only if the administration has a uniformly applied policy or procedure that requires employees in the same occupation and with the same serious health condition who take FMLA leave for this condition to obtain and present certification from the employee's health care provider that the employee is able to resume work.
B. A fitness for duty certification is only in regard to the particular health condition that caused the employee's need for FMLA leave.
C. A fitness for duty medical evaluation shall be job related.
D. The department may not require a second or third opinion for a fitness for duty certification.
E. The Department shall notify an employee applying for FMLA leave that a fitness for duty certification is required before the employee returns to work.
**History**
- *Administrative History: Effective date: September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .02 amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .03 amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .05F adopted effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .06A, C amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .07A amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
##### **COMAR 11.02.13.08** Intermittent FMLA Leave and Reduced Work Schedules. {#sec-11.02.13.08 omnilex-key=us-md-regs-official--title-11--11.02.13.08}
A. Intermittent FMLA leave or a reduced work schedule due to a serious health condition of an employee or family member may be arranged when medically necessary. Medical necessity includes planned medical treatment and recovery from serious health conditions.
B. Intermittent leave or a reduced work schedule for birth or placement of a child for adoption or foster care may be taken with the Department's consent.
C. An employee who requests intermittent FMLA leave may be temporarily reassigned to an alternative position for which the employee is qualified and which better accommodates recurring periods of leave than does the employee's regular position.
D. An alternative position has equivalent pay and benefits but does not necessarily have equivalent duties. However, benefits earned based upon hours worked, such as vacation and sick leave, are reduced accordingly.
E. The Department may request the employee to provide the reason why the leave must be taken on an intermittent leave or reduced work schedule basis, and the schedule for treatment, if applicable.
F. An employee requesting intermittent FMLA leave or a reduced work schedule due to a serious health condition may be required to provide certification from the health care provider that the leave is medically necessary. The expected duration and schedule of the leave must also be provided.
G. Only the leave actually taken is counted toward the 12-week entitlement. The amount of FMLA leave used is calculated based upon the proportion of the normal workweek. If an employee's schedule varies from week to week, a weekly average of the hours worked over the 12 weeks before the beginning of the leave period is used for calculating the employee's normal workweek.
**History**
- *Administrative History: Effective date: September 12, 1994 (21:18 Md. R. 1509)*
- *Administrative History: Regulation .02 amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .03 amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .05F adopted effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .06A, C amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Administrative History: Regulation .07A amended effective January 27, 1997 (24:2 Md. R. 116)*
- *Authority: Transportation Article, §§2-102 and 2-103.4, Annotated Code of Maryland*
## **11.03** MARYLAND AVIATION ADMINISTRATION
### **11.03.01** Baltimore/Washington International Thurgood Marshall Airport
##### **COMAR 11.03.01.01** Definitions. {#sec-11.03.01.01 omnilex-key=us-md-regs-official--title-11--11.03.01.01}
A. As used in these regulations, the following terms have the meanings indicated unless the context requires otherwise. Words not specifically defined that relate to aeronautical practices, processes, and equipment shall be construed according to their general usage in the aviation industry.
B. Terms Defined.
(1) “Abandoned” means forsake, desert, give up and surrender one’s claim or right.
(2) “Administration” means the Maryland Aviation Administration of the Maryland Department of Transportation, established pursuant to the Transportation Article, §2-102(b)(2), Annotated Code of Maryland.
(3) “Air carrier” means the commercial system of air transportation consisting of the certified air carriers, supplemental air carriers, and commercial operators of large aircraft.
(4) “Airfield operator's permit” means a license issued by the Maryland Aviation Administration for operating motor vehicles, loading bridges, or any other motorized equipment on the air operations area.
(5) “Air operations area” means the nonmovement area (taxilanes, loading ramps, apron, parking, cargo areas, and vehicle service roads within the airport operations area used for servicing aircraft and movement of vehicles), and movement area (runways, taxiways, and other areas of the Airport which are used for taxiing, takeoff, and landing of aircraft).
(6) “Airport” means Baltimore/Washington International Thurgood Marshall Airport (BWI), owned by the State of Maryland and operated by the Maryland Aviation Administration, as it exists or may be developed.
(7) “Airport Director” means the Executive Director or the Executive Director's designated representative.
(8) “Airport police” means any person vested with a police power of arrest on the Airport and providing police services on behalf of the Maryland Aviation Administration, either as an employee of the Administration or under contract to the Administration.
(9) “Airport police office” means an office established in the Airport terminal by the Maryland Aviation Administration for use by the Airport police.
(10) “Airport taxicab” means a taxicab driven by an authorized person who is working for, or under contract to, the authorized Airport taxicab concessionaire.
(11) “Airport taxicab concessionaire” means a company, partnership, corporation, or proprietorship which holds a contract with the Administration for the provision of taxicab service at the Airport.
(12) “Authorized” means acting under or pursuant to a written contract, permit, or other evidence of right issued by the Maryland Aviation Administration.
(13) “Authorized signatory” means an individual designated by an Airport tenant or contractor and approved by the Administration to sign for the company and verify that each identification badge applicant for the company has a continuous need for an Airport identification badge.
(14) “Bus” means a motor vehicle operated by an appropriately authorized agent on a fixed route and predetermined schedule to and from the Airport.
(15) “Combustible liquid” means any liquid that has a closed cup flash point at or above 100°F.
(16) “Commercial activity” means the sale, exchange, trading, buying, merchandising, hiring, marketing, promotion, or selling of commodities, goods, services, or property of any kind, or any revenue-producing activity.
(17) “Commercial vehicle” means any vehicle operated in connection with a commercial activity at the Airport as defined by §B(14) of this regulation and Regulation .06A of this chapter.
(18) “Courtesy service” means the operation of a business involving transportation of persons, baggage, or message/package delivery to or from the Airport in a courtesy vehicle.
(19) “Courtesy vehicle” means a vehicle operated to and from the Airport by a person for the transportation or convenience of its patrons or by a business whose airport activity is directly related to an off-Airport commercial activity.
(20) “Curbside” means the curb of the upper or lower motor vehicle ramp adjacent to the terminal building.
(21) “Deadheading” means a taxicab being driven to the Airport without a paying passenger in the taxicab.
(22) “Derelict vehicle” means very poor condition as a result of disuse and neglect.
(23) “Department” means the Maryland Department of Transportation.
(24) “Division” means the Division of Transportation and Terminal Services of the Maryland Aviation Administration.
(25) “Domestic animal” means any animal of a species usually domesticated in the United States and customarily found in the home.
(26) “Executive Director” means the Executive Director of the Maryland Aviation Administration, whose office is established pursuant to Transportation Article, §5-202.1, Annotated Code of Maryland, or the Executive Director's authorized representative.
(27) Fire Marshal.
(a) “Fire marshal” means an individual from the Airport Fire Marshal's Office or a fire prevention inspector who is employed by the BWI Airport Fire and Rescue Department.
(b) “Fire marshal” includes any designated representative of the State Fire Marshal's Office.
(28) “Fire Prevention Code” means the State Fire Prevention Code as defined in COMAR 29.06.01.
(29) “Flammable liquid” means any liquid that has a closed cup flash point below 100ºF.
(30) “Grace period” means a period of time not to exceed 120 minutes for which on-Airport rental car businesses do not charge fees for late returns of rental cars.
(31) Gross Revenue — Off-Airport Rental Car Business.
(a) “Gross revenue — off-Airport rental car business” means all monies paid or payable from Airport customers to the off-Airport rental car business for the rental of its vehicles, or any vehicle-related item or service under a rental agreement with car pick up at the off-Airport site:
(i) Regardless of the ownership, area fleet, or location assignment of the vehicles;
(ii) Without regard to the manner in which, or place at which, the vehicles are furnished to the rental car business' customers; and
(iii) Without regard to whether the vehicles are returned to the off-Airport site or to some other location.
(b) “Gross revenue — off-Airport rental car business” includes the total amount billed by the rental car business on its Airport customer invoices, including any separately stated fees and charges related to its rental car business at the off-Airport site.
(c) “Gross revenue — off-Airport rental car business” does not include:
(i) Federal, State, or local sales, or similar taxes, which are separately stated and collected from customers;
(ii) Amounts received as insurance proceeds, or otherwise, for damages to vehicles and other property;
(iii) Sums received for loss, conversion, or abandonment of its vehicles;
(iv) Sums received from customers under its right to recover from its customers for damages to the rented vehicles to the extent the charges do not exceed the actual cost of repair or replacement;
(v) Proceeds from the sale of its vehicles;
(vi) Revenues realized as reimbursement for refueling a vehicle rented pursuant to a rental agreement under which the customer is obligated to return the vehicle with the same amount of gasoline furnished at the inception of the rental; and
(vii) Revenues realized from advance charges to customers for fuel, pursuant to a rental agreement.
(32) “Grounding or bonding” means providing a conductive path to equalize the potential static electricity between fueling equipment and aircraft by use of a cable.
(33) “Hazardous waste” means those wastes which are listed by the U.S. Environmental Protection Agency (EPA) or possess the qualities as specified by the EPA in accordance with its criteria as set forth in the Resource Conservation Recovery Act (RCRA) and as defined in COMAR 26.13.02.03.
(34) “IBC” has the meaning stated in COMAR 05.02.07.03B(7).
(35) “Identification badge” means an official identity card or badge used for the purpose of entering the air operations area and other restricted areas of the Airport, issued and approved by the Administration for Airport employees.
(36) “Labeled” means equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization:
(a) That is acceptable to the authority having jurisdiction and is concerned with product evaluation;
(b) That maintains periodic inspection of production of labeled equipment or materials; and
(c) By whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.
(37) “Law enforcement officer” means any person vested with a police power of arrest under federal, State, county, or city authority, and generally identifiable by uniform, badge, or other indicia of authority.
(38) “Limousine” means any motor vehicle having a rated seating capacity of six or more persons, not including the driver, operating to and from the Airport in accordance with a valid certificate issued by the appropriate governmental agency.
(39) “Listed” means equipment, materials, or services included in a list published by an organization:
(a) That is acceptable to the authority having jurisdiction and concerned with evaluation of products or services;
(b) That maintains periodic inspection of production of listed equipment or materials; and
(c) Whose listing states that either the equipment, material, or service meets identified standards or has been tested and found suitable for a specified purpose.
(40) “Motor vehicle” means a device in, upon, or by which a person or property may be propelled, moved, or drawn upon land, except a device moved by human or animal power and except aircraft and devices moved exclusively upon stationary rails or tracks.
(41) “Movement area” means the runways, taxiways, and other areas of the Airport that are used for taxiing, takeoff, and landing of aircraft, wherein movement of aircraft is under the control of the Federal Aviation Administration.
(42) “NFPA” has the meaning stated in COMAR 29.06.01.05B(5).
(43) “Non-Airport taxicab” means any properly licensed taxicab other than an “Airport taxicab”.
(44) “Nonmovement area” means the taxilanes, loading ramps, apron, parking, cargo areas, and vehicle service roads within the air operations area used for servicing aircraft and movement of vehicles exclusive of the movement area.
(45) “Off-Airport commercial activity” means a commercial activity operated by a business not physically located on Airport property that derives revenue in whole or in part from Airport customers.
(46) “Off-Airport rental car business” means a rental car business which:
(a) Is not located on Airport property; and
(b) Utilizes vehicles to transport Airport patrons to or from the off-Airport rental car business to or from the Airport consolidated rental car facility.
(47) “Office of Administrative Hearings (OAH)” means the unit within Maryland's Executive Branch responsible for scheduling and conducting administrative hearings.
(48) “On-Airport” means property at Baltimore/Washington International Thurgood Marshall Airport which is owned by the State and operated by the Maryland Aviation Administration or its contractors, as it exists or may be developed.
(49) “On-Airport rental car business” has the same meaning as “rental vehicle company” stated in Transportation Article, §18-108(a), Annotated Code of Maryland.
(50) “Operator” means any person who is in actual physical control of an aircraft or a motor vehicle.
(51) “Owner” means a person who holds the legal title of an aircraft or a motor vehicle. If the aircraft or motor vehicle is the subject of conditional sale or lease, with the right of purchase upon performance of the conditions stated in the agreement, and with the immediate right of possession vested in the conditional vendee or lessee or anyone in possession of an aircraft or motor vehicle on the Airport or, if a mortgagor of an aircraft or motor vehicle is entitled to the possession, then the conditional vendee, lessee, or mortgagor shall be deemed the owner.
(52) “Permit” means a courtesy/commercial vehicle permit or decal issued to a person or a qualified business permitting use of designated Airport property for conducting commercial activity or courtesy service.
(53) “Permit holder” means a qualified business that:
(a) Owns, operates, or authorizes a person to operate a permitted commercial or courtesy vehicle as defined in §§B(17) and (19) of this regulation; and
(b) Is granted authority to operate commercial and courtesy vehicles by the Maryland Public Service Commission or the Office of Motor Carriers of the Federal Highway Administration.
(54) “Person” means any individual, firm, partnership, corporation, company, association, or joint stock association, and includes any trustee, receiver, committee, assignee, or other representative or employee of one.
(55) “Privilege fee” means a certain percent of gross revenue imposed on an off-Airport rental car business by the Administration for the privilege granted to the business to operate a commercial activity on and at the Airport.
(56) “Regulations” means these regulations as amended and supplemented.
(57) “Restricted area” means airport areas where access by the general public is prohibited or limited to authorized persons only with a business need.
(58) “Soliciting” means conducting unauthorized commercial activity including, but not limited to, generating business by speaking, distributing printed material, or any other means.
(59) “Solid waste” means any garbage, refuse, sludge, solid, liquid, semisolid, or contained gaseous materials which are the by-products of commercial activity, as defined under COMAR 26.03.03 and 26.13.02.
(60) “State” means the State of Maryland.
(61) “Terminal” means any passenger terminal facility at the Airport, including all roadways and parking facilities associated with it.
(62) “Traffic” means pedestrians and vehicles, singly or together, using any Airport area.
(63) “Transportation facility charge” means amounts collected by on-Airport rental car businesses to recover actual operation and maintenance costs related to operating a common shuttle bus fleet and a common bus maintenance facility at the Airport.
**Cross References**
11.03.01.05-1A(2)
11.03.04.07F(9)
11.03.04.07I
**History**
- *Administrative History: Effective date: November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: Chapter revised effective June 9, 1976 (3:12 Md. R. 643)*
- *Administrative History: Chapter recodified from COMAR 11.03.04 to 11.03.01*
- *Administrative History: Regulation .01D-1, G-1, I-1, K-1, U-1, U-2 adopted effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01G-1, I-1, I-2 and J amended, and .01L-1 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .01J-1, K-2, K-3 adopted effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulations .01F; .02B—E, G, H, K, M, O, Q, R, V, Y; .03C, G, J, U,.04A, B, H, L, M, O, Q, S; .05D—I; and .08C, E amended effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .03W amended effective April 3, 1989 (16:6 Md. R. 728)*
- *Administrative History: Regulation .04E amended effective April 20, 1979 (6:8 Md. R. 657)*
- *Administrative History: Regulation .04I amended effective May 21, 1984 (11:10 Md. R. 864)*
- *Administrative History: Regulation .05D amended as an emergency provision effective April 1, 1981 (8:8 Md. R. 716); adopted permanently effective June 26, 1981 (8:13 Md. R. 1140) Regulation .05D amended as an emergency provision effective April 21, 1986 (13:10 Md. R. 1153); adopted permanently effective July 15, 1986 (13:14 Md. R. 1633)*
- *Administrative History: Regulation .05D amended effective January 25, 1980 (7:2 Md. R. 116); June 21, 1982 (9:12 Md. R. 1224); April 9, 1984 (11:7 Md. R. 626); May 4, 1987 (14:9 Md. R. 1081); May 16, 1988 (15:10 Md. R. 1202); May 1, 1989 (16:6 M. R. 728); April 30, 1990 (17:8 Md. R. 976)*
- *Administrative History: Regulation .05E amended effective December 5, 1983 (10:24 Md. R. 2189); March 6, 1989 (16:4 Md. R. 497)*
- *Administrative History: Regulation .05F repealed effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulations .05I and .06 amended effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulation .08I amended effective March 10, 1986 (13:5 Md. R. 546)*
- *Administrative History: Regulation .11 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .11 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 7, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective October 11, 1993 (20:20 Md. R. 1572); April 1, 1996 (23:3 Md. R. 169); July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05 amended effective April 1, 1996 (23:3 Md. R. 169)*
- *Administrative History: Regulation .05D amended as an emergency provision effective May 21, 1991 (18:13 Md. R. 1480); amended permanently effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .05D amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .05E amended effective March 16, 1992 (19:5 Md. R. 578)*
- *Administrative History: Regulation .05E—L amended effective October 11, 1993 (20:20 Md. R. 1572)*
- *Administrative History: Regulation .05F amended effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05H repealed effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulations .05-1—.05-3 adopted effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .08A amended effective November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .11 amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .12 adopted effective December 30, 1993 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .12 amended effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 30, 2000 (27:21 Md. R. 1976)*
- *Administrative History: Regulation .01 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .01B amended effective January 2, 2006 (32:26 Md. R. 1998); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); April 5, 2010 (37:7 Md. R. 572); July 15, 2019 (46:14 Md. R. 622); April 3, 2023 (50:6 Md. R. 219); October 13, 2025 (52:20 Md. R.1002)*
- *Administrative History: Regulation .01-1B amended effective December 24, 2001 (28:25 Md. R. 2192); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); December 24, 2012 (39:25 Md. R. 1614); December 22, 2014 (41:25 Md. R. 1485); April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .01-1B amended effective August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .01-1C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02I, Y amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04E amended effective October 22, 2007 (34:21 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended effective April 3, 2023 (50:6 Md. R. 219)*
- *Administrative History: Regulation .04T adopted effective October 13, 2025 (52:50 Md. R. 1002)*
- *Administrative History: Regulation .05 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .05D amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .05G amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05J amended effective January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .05-1A amended effective September 1, 2001 (28:16 Md. R. 1483); January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .06C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06F amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .08A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09D amended effective July 15, 2019 (46:14 Md. R. 622); December 12, 2024 (Md. R. 51:24 1081)*
- *Administrative History: Regulation .12 amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .12B amended effective December 22, 2014 (41:25 Md. R. 1485); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .12B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .13 adopted effective December 16, 2019 (46:25 Md. R. 1131)*
- *Administrative History: Regulation .13 amended effective October 13, 2025 (52:20 Md. R. 1002)*
- *Authority: Transportation Article, Annotated Code of Maryland*
##### **COMAR 11.03.01.01-1** Incorporation by Reference. {#sec-11.03.01.01-1 omnilex-key=us-md-regs-official--title-11--11.03.01.01-1}
A. In this subtitle, the following documents are incorporated by reference.
B. Documents Incorporated.
(1) NFPA 1, Uniform Fire Code, as incorporated by reference in COMAR 29.06.01.06B(1) and as amended in COMAR 29.06.01.08 and .09.
(2) A compendium of Codes and Standards referenced in NFPA 1 as incorporated by reference in COMAR 29.06.01.06B(2) and as amended in COMAR 29.06.01.07, including:
(a) National Electrical Code (NFPA 70);
(b) Life Safety Code (NFPA 101);
(c) Standard for Aircraft Fuel Servicing (NFPA 407);
(d) Standard on Aircraft Hangars (NFPA 409);
(e) Standard on Aircraft Maintenance (NFPA 410); and
(f) Standard on Airport Terminal Buildings, Fueling Ramp Drainage, and Loading Walkways (NFPA 415).
(3) The International Building Code as incorporated by reference in COMAR 29.06.01.06B(3).
(4) 29 CFR §1910.1200 Toxic and Hazardous Substances, as amended.
(5) The certified Baltimore/Washington International Thurgood Marshall Airport (BWI) Noise Zone, consisting of the 65, 70, and 75 L~dn~ contours overprinted on county tax maps as indicated below:
(a) Airport Noise Zone Map;
(b) Tax Map Index;
(c) Anne Arundel County Tax Maps 3, 4, 8, 9, and 15;
(6) The Martin State Airport — Airport Noise Zone, certified by the Executive Director, and consisting of the 65, 70, and 75 L~dn~ contours overprinted on county tax maps as indicated below:
(a) Airport Noise Zone Map;
(b) Tax Map index;
(c) Baltimore County Tax Maps 90 and 91.
(7) Airport Design (U.S. Department of Transportation, Federal Aviation Administration Advisory Circular 150/5300-13, September 29, 1989, and Changes 1 through 12, January 3, 2008.
(8) Heliport Design (U.S. Department of Transportation, Federal Aviation Administration Advisory Circular 150/5390-2B, September 30, 2004.
C. Incorporation by Reference Locations. Due to limited distribution, the documents incorporated by reference in §B(1), (2), and (3) of this regulation are available for inspection at the following depositories only:
(1) Department of Legislative Services, 90 State Circle, Annapolis, MD 21401, (410) 946-5400;
(2) Maryland State Law Library, Courts of Appeal Building, 361 Rowe Boulevard, Annapolis, MD 21401, (410) 260-1430;
(3) Marshall Law Library, University of Maryland School of Law, 501 West Fayette Street, Baltimore, MD 21201, (410) 706-6502;
(4) Hornbake Library, University of Maryland, Marylandia & Rare Books Department, College Park, MD 20742, (301) 405-9210; and
(5) State Library Resource Center, Enoch Pratt Free Library, 400 Cathedral Street, Baltimore, MD 21201, (410) 396-1789.
**Cross References**
11.03.02.03J
11.03.02.03O
11.03.02.03P(2)
11.03.02.03S
11.03.02.03T(1)
11.03.02.03-2A(14)(a)
11.03.02.03-2A(14)(b)
11.03.02.03-2D
11.03.02.05G(4)(a)
11.03.02.05G(4)(b)
11.03.02.05G(4)(c)
11.03.02.10B(3)
**History**
- *Administrative History: Effective date: November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: Chapter revised effective June 9, 1976 (3:12 Md. R. 643)*
- *Administrative History: Chapter recodified from COMAR 11.03.04 to 11.03.01*
- *Administrative History: Regulation .01D-1, G-1, I-1, K-1, U-1, U-2 adopted effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01G-1, I-1, I-2 and J amended, and .01L-1 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .01J-1, K-2, K-3 adopted effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulations .01F; .02B—E, G, H, K, M, O, Q, R, V, Y; .03C, G, J, U,.04A, B, H, L, M, O, Q, S; .05D—I; and .08C, E amended effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .03W amended effective April 3, 1989 (16:6 Md. R. 728)*
- *Administrative History: Regulation .04E amended effective April 20, 1979 (6:8 Md. R. 657)*
- *Administrative History: Regulation .04I amended effective May 21, 1984 (11:10 Md. R. 864)*
- *Administrative History: Regulation .05D amended as an emergency provision effective April 1, 1981 (8:8 Md. R. 716); adopted permanently effective June 26, 1981 (8:13 Md. R. 1140) Regulation .05D amended as an emergency provision effective April 21, 1986 (13:10 Md. R. 1153); adopted permanently effective July 15, 1986 (13:14 Md. R. 1633)*
- *Administrative History: Regulation .05D amended effective January 25, 1980 (7:2 Md. R. 116); June 21, 1982 (9:12 Md. R. 1224); April 9, 1984 (11:7 Md. R. 626); May 4, 1987 (14:9 Md. R. 1081); May 16, 1988 (15:10 Md. R. 1202); May 1, 1989 (16:6 M. R. 728); April 30, 1990 (17:8 Md. R. 976)*
- *Administrative History: Regulation .05E amended effective December 5, 1983 (10:24 Md. R. 2189); March 6, 1989 (16:4 Md. R. 497)*
- *Administrative History: Regulation .05F repealed effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulations .05I and .06 amended effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulation .08I amended effective March 10, 1986 (13:5 Md. R. 546)*
- *Administrative History: Regulation .11 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .11 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 7, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective October 11, 1993 (20:20 Md. R. 1572); April 1, 1996 (23:3 Md. R. 169); July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05 amended effective April 1, 1996 (23:3 Md. R. 169)*
- *Administrative History: Regulation .05D amended as an emergency provision effective May 21, 1991 (18:13 Md. R. 1480); amended permanently effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .05D amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .05E amended effective March 16, 1992 (19:5 Md. R. 578)*
- *Administrative History: Regulation .05E—L amended effective October 11, 1993 (20:20 Md. R. 1572)*
- *Administrative History: Regulation .05F amended effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05H repealed effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulations .05-1—.05-3 adopted effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .08A amended effective November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .11 amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .12 adopted effective December 30, 1993 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .12 amended effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 30, 2000 (27:21 Md. R. 1976)*
- *Administrative History: Regulation .01 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .01B amended effective January 2, 2006 (32:26 Md. R. 1998); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); April 5, 2010 (37:7 Md. R. 572); July 15, 2019 (46:14 Md. R. 622); April 3, 2023 (50:6 Md. R. 219); October 13, 2025 (52:20 Md. R.1002)*
- *Administrative History: Regulation .01-1B amended effective December 24, 2001 (28:25 Md. R. 2192); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); December 24, 2012 (39:25 Md. R. 1614); December 22, 2014 (41:25 Md. R. 1485); April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .01-1B amended effective August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .01-1C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02I, Y amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04E amended effective October 22, 2007 (34:21 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended effective April 3, 2023 (50:6 Md. R. 219)*
- *Administrative History: Regulation .04T adopted effective October 13, 2025 (52:50 Md. R. 1002)*
- *Administrative History: Regulation .05 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .05D amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .05G amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05J amended effective January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .05-1A amended effective September 1, 2001 (28:16 Md. R. 1483); January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .06C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06F amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .08A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09D amended effective July 15, 2019 (46:14 Md. R. 622); December 12, 2024 (Md. R. 51:24 1081)*
- *Administrative History: Regulation .12 amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .12B amended effective December 22, 2014 (41:25 Md. R. 1485); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .12B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .13 adopted effective December 16, 2019 (46:25 Md. R. 1131)*
- *Administrative History: Regulation .13 amended effective October 13, 2025 (52:20 Md. R. 1002)*
- *Authority: Transportation Article, Annotated Code of Maryland*
##### **COMAR 11.03.01.02** Aircraft Rules. {#sec-11.03.01.02 omnilex-key=us-md-regs-official--title-11--11.03.01.02}
A. Negligent Operations Prohibited.
(1) Operating an aircraft in a careless or negligent manner or in disregard of the rights and safety of others, or without due caution and circumspection or at a speed or in a manner which does or is likely to endanger persons or property, is prohibited.
(2) Operation of an aircraft that is so constructed, equipped, or loaded as to endanger or is likely to endanger persons or property is prohibited.
B. Compliance with Orders.
(1) All aeronautical activities at the Airport shall conform to the current applicable provisions of the Federal Aviation Administration Regulations and Orders, applicable State law, regulations, and orders issued by the Administration or an air traffic controller on duty in the Control Tower.
(2) All aircraft operated from the Airport, except aircraft specifically exempt from these requirements by law, shall be registered with the Federal Aviation Administration and shall have a Federal Aviation Administration certificate of air worthiness.
(3) The owner of any aircraft based or hangared at the Airport may not operate or allow the operation of that aircraft without a liability insurance policy in force which covers the owner and the pilot for claims by passengers or other persons for injuries to them and their property which might arise out of the operation of the aircraft.
(4) The liability insurance policy shall provide coverage for at least $50,000 bodily injury per individual and $100,000 bodily injury per accident, and $50,000 property damage protection.
C. Payment of Aircraft Fees. All aircraft operators, upon landing or before take-off, shall register with the Airport Director's office at the terminal building or with the fixed base operator to pay the commercial fees established by the Administration and to receive receipt of payment. Operators of scheduled air carriers operating under special lease contracts or those operators who have established other payment arrangements with the Administration are exempt from these requirements.
D. Denial of Use of Airport. The Airport Director may deny the use of the Airport to any pilot in violation of these regulations and shall have the authority to close the Airport or any portion of it to air operations or to any specific aircraft or class of aircraft, if in his opinion the use of the Airport by the aircraft might endanger persons or property or jeopardize the operational efficiency of the Airport.
E. Aircraft Accidents.
(1) Any person operating an aircraft who is involved in an accident on the Airport resulting in injury to any person or damage to any property, shall stop the aircraft at the scene of the accident, notify the Control Tower and the Airport Director, and comply with applicable provisions of Part 430, National Transportation Safety Board Regulations.
(2) Aircraft operators who are involved in accidents on the Airport, and the owner of the aircraft, if other than the operator, shall make a full written report of the accident to the Airport Director within 24 hours after the accident, or as soon as possible, and shall include the names and addresses of the individuals involved, the registration and license number of the aircraft involved, the name of the insurance company shown on the liability insurance policy, the binder or policy number, and all other information relevant to the accident.
(3) An aircraft involved in an accident may not be removed from the scene of the accident until clearance to do so has been granted by the Federal Aviation Administration, the National Transportation Safety Board, and the Administration.
(4) Damage to any airfield lighting equipment or fixtures by means of contact with an aircraft shall be reported immediately to the Airport Director by the individual involved who is fully responsible for damage as covered in §F of this regulation.
F. Damage to Airport.
(1) In the event of damage to Airport property from any type of accident, crash, or fire, or resulting from any malfunction or operation, the owner or operator of the aircraft involved is responsible to the Administration for the damage, the amount of which is to be ascertained by the Executive Director who shall require payment by the owner or operator.
(2) If the owner or operator fails or refuses to pay the amount of the claim for damage, a full report of the circumstances on which the claim is based and a copy of the claim shall be forwarded to counsel for the Administration, who may institute all necessary legal proceedings for collection of the claim.
G. Removal of Disabled Aircraft.
(1) Aircraft owners, operators, and Airport tenants promptly shall remove disabled aircraft and parts of disabled aircraft from the Airport unless required or directed to delay removal by the Administration or a federal agency.
(2) Disabled aircraft may not block the air operations area unnecessarily. When a disabled aircraft is blocking or delaying the opening or use of any portion of the air operations areas, the owner or operator of the aircraft shall make immediate arrangements to have the aircraft moved. If removal of the aircraft is not initiated as soon as is reasonably possible or is not progressing at a reasonable rate, the Airport Director may have the aircraft moved at the expense and risk of the owner.
H. Enplaning and Deplaning.
(1) Passengers and cargo shall be enplaned and deplaned only in areas designated by the Administration. If an aircraft is loaded or unloaded at ground level, passengers shall be channeled through established routes across the aircraft apron area under the direction and supervision of the aircraft owner or operator or designated representatives of the aircraft owner or operator.
(2) General aviation and noncommercial aircraft operators using the terminal apron facilities for loading or unloading passengers and cargo shall obtain prior permission from the Airport Director. The operator also shall make prior arrangements for ground and passenger services including sky cap services for passenger luggage.
I. Cleaning and Maintaining Aircraft. Aircraft cleaning, painting, washing, polishing, or other maintenance shall be conducted only in the areas and under the conditions designated by the Administration's representative according to NFPA 1 Uniform Fire Code.
J. Refusal of Clearance. The Airport Director may prohibit aircraft operations when, in the Director's judgment, conditions are such that continued operations would be unsafe or unwise. The Airport Director has the authority to issue a Notice to Airmen (NOTAM) to close or open the Airport, or any portion of it.
K. Radio Communication. Operating aircraft shall be equipped with functioning two-way radio, tunable to and capable of operating on the appropriate frequencies for Tower and Ground Control. Persons who land in emergencies without radio equipment shall obtain departure approval from the Airport Director and the Control Tower.
L. Aircraft Equipment. Fixed wing aircraft operated on the Airport shall be equipped with a tail or nose wheel, and wheel brakes.
M. Landing and Taking Off.
(1) Operators taking off an aircraft from the Airport shall do so only on the runway or helipad assigned by, and after clearance has been obtained from, the Control Tower.
(2) Operators landing an aircraft shall comply fully with the air traffic control instructions and runway assignments given by the Control Tower.
(3) Locked wheel turns are prohibited.
(4) All persons operating aircraft in the Airport control zone as described in the Airman's Information Manual shall comply with current established traffic control procedures and shall operate within established traffic patterns as promulgated jointly by the Federal Aviation Administration (FAA) and the Airport Director, unless specifically authorized to do otherwise by the FAA Control Tower.
(5) Simulated emergencies which require special handling by the Control Tower are prohibited within the Airport control zone as described in the Airman's Information Manual.
N. Airport Marking and Lighting. All aircraft operations shall obey all Airport lighting and pavement marking signals.
O. Motorless Aircraft. Landing at or taking off from the Airport in a motorless aircraft is prohibited except in cases where prior permission has been granted by the Airport Director and clearance has been obtained from the Control Tower.
P. Student Pilots.
(1) Student pilots who operate aircraft on the Airport shall be accompanied by a certificated flight instructor unless they are certified as competent to conduct solo operations by the chief instructor of any flight school based at the Airport under a formal lease agreement with the Administration. Student pilots who conduct solo flight operations are required to give prior notice of their student status to Air Traffic Control (e.g., “Cessna 1234—Student pilot requesting landing clearance”).
(2) A student pilot may not make his initial solo flight at the Airport.
Q. Airport Operational Restrictions.
(1) The following types of operations may be conducted at the Airport only with the prior authorization of the Airport Director:
(a) Training flights;
(b) Experimental or demonstration flights;
(c) Air shows involving stunt flying or aerobatics.
(2) Equipment demonstrations on the ground also require the prior authorization of the Airport Director.
R. Starting and Running Aircraft Engines.
(1) Starting, running, or operating an aircraft by persons other than licensed pilots, licensed mechanics, or student pilots, is prohibited.
(2) It is prohibited to start an aircraft engine unless blocks or chocks are placed in front of the wheels or unless parking brakes are in the applied position.
(3) Aircraft engines may be operated only in places designated by the Administration. Unnecessary engine running is prohibited.
(4) Run-up of jet or turboprop engines (for purposes other than take-off preparation) is prohibited except in areas and at times designated by the Airport Director.
(5) It is prohibited to leave an aircraft unattended with engines running.
S. Radio Ground Control. Any person who taxis or tows an aircraft within the movement area shall monitor the ground control frequency being used by the Control Tower and remain in direct communication with the Control Tower at all times.
T. Propeller Slipstream and Jet Blast. Any person who positions, starts, or runs-up engines or who taxis an aircraft is required to exercise due care to assure that propeller slipstream or jet blast will not cause injury to persons, scatter debris, or damage property on the Airport or in areas adjacent to the Airport.
U. Pushing, Towing, Backing and Taxiing of Aircraft. Pushing, towing, backing, and taxiing of aircraft shall be done at a safe and reasonable speed and with due care to assure that there is no danger of collision with any person or object in the immediate area. Aircraft may be pushed, towed, backed, or taxied into or within a movement area only under the control and instructions of the Control Tower.
V. Aircraft Parking.
(1) Aircraft may be parked at a gate position only for the purpose of enplaning and deplaning passengers.
(2) When an aircraft gate position on the unleased portion of the terminal apron is not needed for other aircraft, an aircraft operator, following assignment to that gate, may park at the gate position for as long as he chooses subject only to the rate schedule established by the Administration.
(3) When an aircraft gate position on the unleased portion of the terminal apron is needed for other aircraft, an aircraft operator to whom the gate position is assigned may park at the gate position only for the maximum allowable turnaround time established by the Administration or permitted by lease for his aircraft type. Failure of the aircraft operator to remove the aircraft from the gate position within the allotted maximum time shall subject the aircraft owner, in addition to any other penalties prescribed by these regulations, to a ramp penalty charge of $50 for each additional 30 minutes or less of parking, or removal of the aircraft from the gate position at the owner's risk and expense, or both.
(4) Operators of private, itinerant, nonscheduled, or military aircraft may use the terminal apron only for enplaning and deplaning passengers and cargo. Operators desiring to use the terminal apron for any other purpose are required to obtain the prior authorization of the Airport Director.
(5) Only with the approval of the Airport Director is an operator of a private, itinerant, nonscheduled, or military aircraft permitted to use an aircraft gate position assigned for scheduled air carrier use.
(6) Aircraft may be parked at the Airport terminal building only in positions and orientations established by the Administration or permitted by lease.
(7) Aircraft may be double-parked at a terminal gate position only with prior approval of the Airport Director.
(8) Aircraft may not be parked anywhere on the Airport in a position blocking access through hangar doors, unless permission to do so has been obtained from the Airport Director or the operator having jurisdiction over the hangars.
(9) Aircraft may be parked and stored at the Airport only in designated areas. Aircraft found to be in violation of this regulation will be removed by the Airport Director at the risk and expense of the owner.
(10) Any person parking an aircraft on a public aircraft parking area shall comply with the procedures established by the Administration. Fees for aircraft parking are governed by the Administration's rate schedule.
(11) Any person parking and leaving an aircraft is required to assure that it is properly tied down and that the landing gear is chocked with wheel blocks or other approved devices.
(12) Cargo may be loaded on or unloaded from an aircraft only in designated areas.
(13) Except in a public parking area in compliance with the procedures established by the Administration, an aircraft may not be parked on any portion of the Airport without the express permission of the Administration. Upon instruction from the Airport Director, the operator of any aircraft parked or stored on the Airport shall move the aircraft to any other designated place on the Airport. If the operator refuses to comply with the instruction, the Airport Director may order the aircraft towed to a designated place at the operator's risk and expense.
W. Aircraft Lights. Operators taxiing or towing an aircraft during periods of low visibility shall keep the aircraft's navigational lights fully illuminated.
X. Removal of Passengers from Aircraft. At the request of the owner or operator of an aircraft, Airport law enforcement officers may use reasonable force to remove from the aircraft any person who creates a nuisance or a threat to persons, property, or aircraft operations.
Y. Derelict Aircraft.
(1) Abandoning aircraft anywhere on the Airport is prohibited. The Airport Director may remove derelict aircraft from the Airport at the sole risk and expense of the owner or operator.
(2) Storage and retention of aircraft parts or components being held as inventory is permissible only in enclosed facilities that have been approved by the Administration for that purpose and in accordance with NFPA 1 Uniform Fire Code, Chapter 10 and Chapter 34.
Z. Based Aircraft. It is prohibited to base an aircraft at the Airport unless a written agreement has been obtained from the Administration or a fixed base operator.
**History**
- *Administrative History: Effective date: November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: Chapter revised effective June 9, 1976 (3:12 Md. R. 643)*
- *Administrative History: Chapter recodified from COMAR 11.03.04 to 11.03.01*
- *Administrative History: Regulation .01D-1, G-1, I-1, K-1, U-1, U-2 adopted effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01G-1, I-1, I-2 and J amended, and .01L-1 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .01J-1, K-2, K-3 adopted effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulations .01F; .02B—E, G, H, K, M, O, Q, R, V, Y; .03C, G, J, U,.04A, B, H, L, M, O, Q, S; .05D—I; and .08C, E amended effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .03W amended effective April 3, 1989 (16:6 Md. R. 728)*
- *Administrative History: Regulation .04E amended effective April 20, 1979 (6:8 Md. R. 657)*
- *Administrative History: Regulation .04I amended effective May 21, 1984 (11:10 Md. R. 864)*
- *Administrative History: Regulation .05D amended as an emergency provision effective April 1, 1981 (8:8 Md. R. 716); adopted permanently effective June 26, 1981 (8:13 Md. R. 1140) Regulation .05D amended as an emergency provision effective April 21, 1986 (13:10 Md. R. 1153); adopted permanently effective July 15, 1986 (13:14 Md. R. 1633)*
- *Administrative History: Regulation .05D amended effective January 25, 1980 (7:2 Md. R. 116); June 21, 1982 (9:12 Md. R. 1224); April 9, 1984 (11:7 Md. R. 626); May 4, 1987 (14:9 Md. R. 1081); May 16, 1988 (15:10 Md. R. 1202); May 1, 1989 (16:6 M. R. 728); April 30, 1990 (17:8 Md. R. 976)*
- *Administrative History: Regulation .05E amended effective December 5, 1983 (10:24 Md. R. 2189); March 6, 1989 (16:4 Md. R. 497)*
- *Administrative History: Regulation .05F repealed effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulations .05I and .06 amended effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulation .08I amended effective March 10, 1986 (13:5 Md. R. 546)*
- *Administrative History: Regulation .11 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .11 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 7, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective October 11, 1993 (20:20 Md. R. 1572); April 1, 1996 (23:3 Md. R. 169); July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05 amended effective April 1, 1996 (23:3 Md. R. 169)*
- *Administrative History: Regulation .05D amended as an emergency provision effective May 21, 1991 (18:13 Md. R. 1480); amended permanently effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .05D amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .05E amended effective March 16, 1992 (19:5 Md. R. 578)*
- *Administrative History: Regulation .05E—L amended effective October 11, 1993 (20:20 Md. R. 1572)*
- *Administrative History: Regulation .05F amended effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05H repealed effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulations .05-1—.05-3 adopted effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .08A amended effective November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .11 amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .12 adopted effective December 30, 1993 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .12 amended effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 30, 2000 (27:21 Md. R. 1976)*
- *Administrative History: Regulation .01 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .01B amended effective January 2, 2006 (32:26 Md. R. 1998); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); April 5, 2010 (37:7 Md. R. 572); July 15, 2019 (46:14 Md. R. 622); April 3, 2023 (50:6 Md. R. 219); October 13, 2025 (52:20 Md. R.1002)*
- *Administrative History: Regulation .01-1B amended effective December 24, 2001 (28:25 Md. R. 2192); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); December 24, 2012 (39:25 Md. R. 1614); December 22, 2014 (41:25 Md. R. 1485); April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .01-1B amended effective August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .01-1C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02I, Y amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04E amended effective October 22, 2007 (34:21 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended effective April 3, 2023 (50:6 Md. R. 219)*
- *Administrative History: Regulation .04T adopted effective October 13, 2025 (52:50 Md. R. 1002)*
- *Administrative History: Regulation .05 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .05D amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .05G amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05J amended effective January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .05-1A amended effective September 1, 2001 (28:16 Md. R. 1483); January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .06C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06F amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .08A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09D amended effective July 15, 2019 (46:14 Md. R. 622); December 12, 2024 (Md. R. 51:24 1081)*
- *Administrative History: Regulation .12 amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .12B amended effective December 22, 2014 (41:25 Md. R. 1485); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .12B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .13 adopted effective December 16, 2019 (46:25 Md. R. 1131)*
- *Administrative History: Regulation .13 amended effective October 13, 2025 (52:20 Md. R. 1002)*
- *Authority: Transportation Article, Annotated Code of Maryland*
##### **COMAR 11.03.01.03** Fire Hazards. {#sec-11.03.01.03 omnilex-key=us-md-regs-official--title-11--11.03.01.03}
A. Cleaning of Equipment. The use of flammable or combustible liquids in the cleaning of aircraft, aircraft engines, propellers, or other appliances, equipment, or parts of aircraft is prohibited, unless those cleaning operations are conducted in facilities specifically approved by the Administration for that purpose and are performed in accordance with COMAR 29.06.01.
B. Cleaning Fluids. All cleaning fluids of a vaporizing nature shall be stored or transported in containers with dispensing devices which comply with the applicable sections of COMAR 29.06.01.
C. Open Flame Operations. Open flame operations may be conducted on the Airport only after obtaining either a Welding and Burning permit or a Special Use permit through the Airport Fire Marshal's Office.
D. Storage of Material.
(1) The storage of combustible materials in hangars at the Airport shall be conducted in accordance with NFPA 1 Uniform Fire Code, Chapter 10 and Chapter 34.
(2) The height of stored material may not exceed that of the lower or bottom side of roof trusses or of a point 18 inches below sprinkler lines or heads, whichever is lower. Storage areas shall have spaces between them as well as aisles throughout the areas of sufficient size to allow passage of fire department personnel and equipment. Sufficient spaces for aisles shall be determined through inspection by the fire marshal in compliance with COMAR 29.06.01.
E. Storage of Hazardous Material.
(1) Flammable and combustible liquids, gases, explosives, signal flares, or other hazardous materials shall be stored and kept in containers and receptacles and in structures and areas specifically approved by the fire marshal in accordance with COMAR 29.06.01.
(2) Tenants and concessionaires shall ensure that drums and containers are properly marked in accordance with 29 CFR §1910.1200.
(3) In addition to the labeling requirements of 29 CFR §1910.1200, each tenant and concessionaire shall mark its drums and containers with its company name and date of initial receipt of the item on the Airport premises.
(4) Tenants and concessionaires shall properly store drums and containers and shall ensure proper disposal of materials in accordance with COMAR 26.13.03.
(5) Tenants and concessionaires shall provide adequate documentation regarding the contents of drums and containers to inspectors of the Administration, the Maryland Department of the Environment, or other law enforcement agency.
(6) If as a result of a routine inspection of the Airport premises an improperly marked or stored drum or container is found, the tenant or concessionaire shall be cited. The tenant or concessionaire shall correct the deficiency within 1 working day. This inspection may be conducted by the fire marshal or representatives of the Administration, the Maryland Department of the Environment, or the Maryland Division of Labor and Industry.
(7) If the tenant or concessionaire fails to correct the noted deficiency, the Administration may correct the deficiency or cause it to be corrected by a private contractor at the expense of the responsible party.
(8) Owners of containers which have been apparently abandoned and consequently collected by the Administration and placed in storage shall be charged for all costs incurred by the Administration in connection with them, including:
(a) Removal to storage;
(b) Storage fees;
(c) Chemical analysis;
(d) Disposal;
(e) Record keeping; and
(f) Any actions required by federal and State statute or regulation.
F. Airport Hazardous Material Spill Decontamination Procedures.
(1) Spills involving flammable materials, regardless of size, shall be reported immediately to the Administration.
(2) The tenant or agency responsible for causing the spill shall provide for cleanup of the spill by either calling in a commercial organization which is licensed through the Maryland Department of the Environment to clean up and remove the spilled material or by accomplishing the cleanup itself.
(3) If the tenant or agency accomplishes the cleanup, all contaminated absorbents, fuel-soaked rags, or other materials shall be placed in approved containers and removed by a licensed handler as specified in §F(2) of this regulation.
(4) If, in the event of a spill, a determination is made by the Administration that outside assistance must be obtained for removal of spilled materials, the tenant or agency responsible for the spill shall call a commercial organization as specified in §F(2) of this regulation. If the tenant or agency fails to call for this additional assistance, the Administration shall request assistance from the Maryland Department of the Environment or a commercial organization. The tenant or agency shall be charged for the cost of this service.
(5) The tenant or agency shall file a report of the spill in accordance with COMAR 26.10.08.04.
(6) The tenant or agency shall furnish the Administration with a list of names and telephone numbers of persons to be contacted in the event of a hazardous material spill.
(7) The Administration shall maintain a current list of commercial organizations which can be called upon to accomplish cleanup and removal of a hazardous material spill at the Airport.
(8) In the event of a sewage spill, the tenant or agency shall decontaminate all affected equipment. A sewage spill may not be flushed so as to contaminate storm drains, surface waters, or streams.
(9) Disposal of all contaminated materials shall be conducted in accordance with §F(2)—4), above.
(10) Other spills shall be handled by the tenant or agency in the same manner as the procedures for hazardous material spills and sewage spills.
(11) The tenant or agency shall be charged by the Administration standard rates and fees for all labor, equipment, and materials that the Administration may provide in support of these activities.
G. Lubricating Oils.
(1) Lubricating oils shall be stored, kept, or transported in containers and receptacles, and in structures and areas, specifically approved by the fire marshal for these purposes in compliance with the applicable sections of COMAR 29.06.01.
(2) The storage of empty lubricating oil drums or cans on the Airport is prohibited, except in approved areas designated by the Administration in compliance with the applicable sections of COMAR 26.13.03.
(3) Petroleum products or objectionable industrial waste matter shall be discharged only into pans or containers provided for that purpose in compliance with applicable sections of COMAR 29.06.01 and shall be disposed of in a manner approved by the Administration.
(4) A company transporting oil on the Airport shall possess a valid Oil Operations Permit issued by the Waste Management Administration in accordance with COMAR 26.10.01.16.
H. Waste. The storage of oily waste, rags, and other rubbish and trash at the Airport is prohibited unless they are in suitable metal receptacles with operating self-closing covers as approved by COMAR 29.06.01. All waste within this general classification shall be removed daily from the Airport premises.
I. Smoking.
(1) Smoking is prohibited within the fuel farm, except in an area outside and designated by the Administration.
(2) Smoking or carrying lighted cigars, cigarettes, pipes, matches, or any open flame within the air operations area or any building owned or leased by the Administration is prohibited.
J. Floor Care. The accumulation of oil, grease, or other flammable material on the floors of the Airport is prohibited. The floors of hangars and other buildings shall be cleaned daily and continuously kept free of rags, waste material, or other trash or rubbish.
K. Care of Aircraft Ramp, Apron, and Parking Areas.
(1) Any person, including the operator of an aircraft, who causes overflowing or spilling of oil, grease, fuel, or any similar material anywhere on the Airport, is responsible for the immediate cleanup of the area. If that person fails to clean the area, the Airport Director may provide the necessary cleaning and charge the responsible person for the expense. The cleaning of aircraft ramp areas, aprons, and parking areas shall be conducted in accordance with NFPA 410 Aircraft Maintenance.
(2) Any person who observes any unsafe conditions on the ramp is required to notify the Airport Director.
L. Doping, Spray Painting, and Paint Stripping.
(1) Doping processes, spray painting, or paint stripping operations are permitted only in properly designed, ventilated buildings or areas that are approved by COMAR 29.06.01.
(2) Only persons who are properly clothed for safety and self-protection are permitted to enter or work in a doping or spray painting room while doping and spray painting operations are being conducted.
M. Fire Extinguishers. All fire extinguishing equipment shall be maintained in accordance with COMAR 29.06.01.
N. Eye Hazards. The use of any material, such as an oil absorbent or similar material, that creates an eye hazard when picked up, swirled, or blown about by the blast from an aircraft engine is prohibited in any passenger loading area or other public area of the Airport.
O. Operating Motor Vehicles in Hangars. Operating a tractor, tug, or other motor vehicle without protective screens or baffles to prevent the escape of sparks or flames in any hangar or other building used for aircraft maintenance when an aircraft is present is prohibited, except in an emergency. Storage/parking/maintenance of motor vehicles in any hangar is prohibited.
P. Grounding or Bonding of Aircraft. Aircraft in hangars shall be grounded or bonded for removal and control of static electrical accumulations on aircraft while aircraft are undergoing service or repair in accordance with NFPA 409, Aircraft Hangars. Aircraft being serviced on the Airport ramp or other designated area shall be grounded or bonded for removal and control of static electrical accumulations in accordance with NFPA 407, Aircraft Fuel Servicing.
Q. Motorized Ground Equipment Near Aircraft or Hangars. In parking motorized ground equipment, the operator shall position it so that it can be readily driven or towed away from the aircraft or hangars in case of an emergency.
R. Repairing of Aircraft. Except for minor adjustments, an aircraft may be repaired only in an area specifically designated by the Administration.
S. Operating Aircraft Engines in Hangars. Except for the air rotation of jet aircraft without ignition, starting or operating aircraft engines inside any hangar is prohibited.
T. Heating Systems in Hangars. The installation and operation of any heating system or device is prohibited in any hangar at the Airport other than systems or devices listed or labeled by an independent testing laboratory or facility as suitable for use in heating aircraft hangars. Those systems and devices shall be installed in the manner prescribed by and standards set forth in NFPA 70, National Electrical Code, and NFPA 409, Aircraft Hangars. The use of portable aircraft engine heating equipment is prohibited inside any aircraft hangar. Only listed or labeled, and Federal Aviation Administration (FAA) approved, equipment shall be used.
U. Electrical Equipment and Lighting Systems.
(1) All electrical equipment shall be in accordance with NFPA 70, National Electrical.
(2) The use of a portable lamp without a protective guard or shield in any maintenance shelter or hangar is prohibited.
(3) Power-operated equipment or electrical devices shall be turned off while not in actual use.
(4) New or additional electrical equipment or wiring installed in any aircraft hangar shall be in accordance with NFPA 70, National Electrical Code, and NFPA 409, Aircraft Hangars.
**History**
- *Administrative History: Effective date: November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: Chapter revised effective June 9, 1976 (3:12 Md. R. 643)*
- *Administrative History: Chapter recodified from COMAR 11.03.04 to 11.03.01*
- *Administrative History: Regulation .01D-1, G-1, I-1, K-1, U-1, U-2 adopted effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01G-1, I-1, I-2 and J amended, and .01L-1 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .01J-1, K-2, K-3 adopted effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulations .01F; .02B—E, G, H, K, M, O, Q, R, V, Y; .03C, G, J, U,.04A, B, H, L, M, O, Q, S; .05D—I; and .08C, E amended effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .03W amended effective April 3, 1989 (16:6 Md. R. 728)*
- *Administrative History: Regulation .04E amended effective April 20, 1979 (6:8 Md. R. 657)*
- *Administrative History: Regulation .04I amended effective May 21, 1984 (11:10 Md. R. 864)*
- *Administrative History: Regulation .05D amended as an emergency provision effective April 1, 1981 (8:8 Md. R. 716); adopted permanently effective June 26, 1981 (8:13 Md. R. 1140) Regulation .05D amended as an emergency provision effective April 21, 1986 (13:10 Md. R. 1153); adopted permanently effective July 15, 1986 (13:14 Md. R. 1633)*
- *Administrative History: Regulation .05D amended effective January 25, 1980 (7:2 Md. R. 116); June 21, 1982 (9:12 Md. R. 1224); April 9, 1984 (11:7 Md. R. 626); May 4, 1987 (14:9 Md. R. 1081); May 16, 1988 (15:10 Md. R. 1202); May 1, 1989 (16:6 M. R. 728); April 30, 1990 (17:8 Md. R. 976)*
- *Administrative History: Regulation .05E amended effective December 5, 1983 (10:24 Md. R. 2189); March 6, 1989 (16:4 Md. R. 497)*
- *Administrative History: Regulation .05F repealed effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulations .05I and .06 amended effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulation .08I amended effective March 10, 1986 (13:5 Md. R. 546)*
- *Administrative History: Regulation .11 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .11 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 7, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective October 11, 1993 (20:20 Md. R. 1572); April 1, 1996 (23:3 Md. R. 169); July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05 amended effective April 1, 1996 (23:3 Md. R. 169)*
- *Administrative History: Regulation .05D amended as an emergency provision effective May 21, 1991 (18:13 Md. R. 1480); amended permanently effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .05D amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .05E amended effective March 16, 1992 (19:5 Md. R. 578)*
- *Administrative History: Regulation .05E—L amended effective October 11, 1993 (20:20 Md. R. 1572)*
- *Administrative History: Regulation .05F amended effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05H repealed effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulations .05-1—.05-3 adopted effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .08A amended effective November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .11 amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .12 adopted effective December 30, 1993 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .12 amended effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 30, 2000 (27:21 Md. R. 1976)*
- *Administrative History: Regulation .01 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .01B amended effective January 2, 2006 (32:26 Md. R. 1998); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); April 5, 2010 (37:7 Md. R. 572); July 15, 2019 (46:14 Md. R. 622); April 3, 2023 (50:6 Md. R. 219); October 13, 2025 (52:20 Md. R.1002)*
- *Administrative History: Regulation .01-1B amended effective December 24, 2001 (28:25 Md. R. 2192); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); December 24, 2012 (39:25 Md. R. 1614); December 22, 2014 (41:25 Md. R. 1485); April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .01-1B amended effective August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .01-1C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02I, Y amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04E amended effective October 22, 2007 (34:21 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended effective April 3, 2023 (50:6 Md. R. 219)*
- *Administrative History: Regulation .04T adopted effective October 13, 2025 (52:50 Md. R. 1002)*
- *Administrative History: Regulation .05 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .05D amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .05G amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05J amended effective January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .05-1A amended effective September 1, 2001 (28:16 Md. R. 1483); January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .06C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06F amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .08A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09D amended effective July 15, 2019 (46:14 Md. R. 622); December 12, 2024 (Md. R. 51:24 1081)*
- *Administrative History: Regulation .12 amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .12B amended effective December 22, 2014 (41:25 Md. R. 1485); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .12B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .13 adopted effective December 16, 2019 (46:25 Md. R. 1131)*
- *Administrative History: Regulation .13 amended effective October 13, 2025 (52:20 Md. R. 1002)*
- *Authority: Transportation Article, Annotated Code of Maryland*
##### **COMAR 11.03.01.03-1** Dangerous Articles. {#sec-11.03.01.03-1 omnilex-key=us-md-regs-official--title-11--11.03.01.03-1}
A. Explosives, Corrosives, Poisons, and Radiological Materials. The storing, retaining, handling, using, dispensing, or transporting of any Class A explosive or hazardous material (as defined by the “Hazardous Material Regulation of the U.S. Department of Transportation”) requires a Special Use permit authorized by the Airport Director and issued by the fire marshal under COMAR 29.06.01.
B. Detonators such as blasting caps, electric blasting caps, and detonating primers shall be stored in a separate magazine for blasting supplies and may not be stored in a magazine with other explosive materials.
C. Detonators shall be stored in a Type 1, 2, or 3 magazine, except that electrical blasting caps having leg wires at least 4 feet long may be stored in a Type 4 magazine. Whenever specific types of magazines are required by COMAR 29.06.01, magazines of higher classifications may be permitted to be substituted.
D. Explosive materials that are bullet-sensitive shall be stored in a Type 1, 2, or 3 magazine.
E. Explosive materials that are not cap-sensitive shall be stored in a Type 4 or 5 magazine.
F. Magazines shall be in the charge of a competent person at all times who shall be at least 21 years old or a member of the Armed Services, and who shall be held responsible for the enforcement of all safety precautions.
G. Magazine doors shall be kept locked, except during the time of placement and removal of stocks of explosives or during inspection.
H. Safety rules governing the operation of magazines shall be posted on the interior of the magazine door.
I. Smoking, carrying lighted matches, open flames, spark-producing devices, and firearms (except firearms carried by authorized guards) are prohibited inside or within 50 feet of magazines.
J. The land surrounding magazines shall be kept clear of brush, dried grass, leaves, and similar combustibles for a distance of at least 25 feet.
K. Combustible materials may not be stored within 50 feet of magazines.
L. Aircraft involved in loading, unloading, reloading, or temporarily retaining Class A explosives or blasting agents shall be parked on the Airport in areas designated by the Administration. Class B and C explosives shall be handled in the same manner when compliance is considered necessary by the Administration to ensure public safety.
M. Explosive cargo shall be transported to and from the designated parking areas in vehicles equipped in accordance with federal regulations.
N. A carrier of explosive cargo shall notify the Administration at least 12 hours before the scheduled arrival of the aircraft involved. The Administration will then issue the appropriate NOTAMs.
O. Carriers of explosive cargo shall notify the Administration immediately upon arrival of explosives at the Airport and shall also notify a consignee or handling agent who shall remove the explosive cargo from the Airport within 48 hours of notification.
P. Clothes Lockers. Only metal clothes lockers may be used.
**History**
- *Administrative History: Effective date: November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: Chapter revised effective June 9, 1976 (3:12 Md. R. 643)*
- *Administrative History: Chapter recodified from COMAR 11.03.04 to 11.03.01*
- *Administrative History: Regulation .01D-1, G-1, I-1, K-1, U-1, U-2 adopted effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01G-1, I-1, I-2 and J amended, and .01L-1 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .01J-1, K-2, K-3 adopted effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulations .01F; .02B—E, G, H, K, M, O, Q, R, V, Y; .03C, G, J, U,.04A, B, H, L, M, O, Q, S; .05D—I; and .08C, E amended effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .03W amended effective April 3, 1989 (16:6 Md. R. 728)*
- *Administrative History: Regulation .04E amended effective April 20, 1979 (6:8 Md. R. 657)*
- *Administrative History: Regulation .04I amended effective May 21, 1984 (11:10 Md. R. 864)*
- *Administrative History: Regulation .05D amended as an emergency provision effective April 1, 1981 (8:8 Md. R. 716); adopted permanently effective June 26, 1981 (8:13 Md. R. 1140) Regulation .05D amended as an emergency provision effective April 21, 1986 (13:10 Md. R. 1153); adopted permanently effective July 15, 1986 (13:14 Md. R. 1633)*
- *Administrative History: Regulation .05D amended effective January 25, 1980 (7:2 Md. R. 116); June 21, 1982 (9:12 Md. R. 1224); April 9, 1984 (11:7 Md. R. 626); May 4, 1987 (14:9 Md. R. 1081); May 16, 1988 (15:10 Md. R. 1202); May 1, 1989 (16:6 M. R. 728); April 30, 1990 (17:8 Md. R. 976)*
- *Administrative History: Regulation .05E amended effective December 5, 1983 (10:24 Md. R. 2189); March 6, 1989 (16:4 Md. R. 497)*
- *Administrative History: Regulation .05F repealed effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulations .05I and .06 amended effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulation .08I amended effective March 10, 1986 (13:5 Md. R. 546)*
- *Administrative History: Regulation .11 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .11 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 7, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective October 11, 1993 (20:20 Md. R. 1572); April 1, 1996 (23:3 Md. R. 169); July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05 amended effective April 1, 1996 (23:3 Md. R. 169)*
- *Administrative History: Regulation .05D amended as an emergency provision effective May 21, 1991 (18:13 Md. R. 1480); amended permanently effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .05D amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .05E amended effective March 16, 1992 (19:5 Md. R. 578)*
- *Administrative History: Regulation .05E—L amended effective October 11, 1993 (20:20 Md. R. 1572)*
- *Administrative History: Regulation .05F amended effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05H repealed effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulations .05-1—.05-3 adopted effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .08A amended effective November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .11 amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .12 adopted effective December 30, 1993 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .12 amended effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 30, 2000 (27:21 Md. R. 1976)*
- *Administrative History: Regulation .01 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .01B amended effective January 2, 2006 (32:26 Md. R. 1998); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); April 5, 2010 (37:7 Md. R. 572); July 15, 2019 (46:14 Md. R. 622); April 3, 2023 (50:6 Md. R. 219); October 13, 2025 (52:20 Md. R.1002)*
- *Administrative History: Regulation .01-1B amended effective December 24, 2001 (28:25 Md. R. 2192); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); December 24, 2012 (39:25 Md. R. 1614); December 22, 2014 (41:25 Md. R. 1485); April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .01-1B amended effective August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .01-1C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02I, Y amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04E amended effective October 22, 2007 (34:21 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended effective April 3, 2023 (50:6 Md. R. 219)*
- *Administrative History: Regulation .04T adopted effective October 13, 2025 (52:50 Md. R. 1002)*
- *Administrative History: Regulation .05 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .05D amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .05G amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05J amended effective January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .05-1A amended effective September 1, 2001 (28:16 Md. R. 1483); January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .06C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06F amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .08A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09D amended effective July 15, 2019 (46:14 Md. R. 622); December 12, 2024 (Md. R. 51:24 1081)*
- *Administrative History: Regulation .12 amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .12B amended effective December 22, 2014 (41:25 Md. R. 1485); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .12B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .13 adopted effective December 16, 2019 (46:25 Md. R. 1131)*
- *Administrative History: Regulation .13 amended effective October 13, 2025 (52:20 Md. R. 1002)*
- *Authority: Transportation Article, Annotated Code of Maryland*
##### **COMAR 11.03.01.03-2** Fueling and Defueling. {#sec-11.03.01.03-2 omnilex-key=us-md-regs-official--title-11--11.03.01.03-2}
A. General Requirements.
(1) The provisions of this section govern the fueling and defueling of aircraft at the Airport.
(2) The fueling or defueling of an aircraft is prohibited while an engine or engines of the aircraft are operating.
(3) The operation of any electrical appliance in an aircraft is prohibited when the aircraft is being fueled or defueled.
(4) During the fueling or defueling of an aircraft, the aircraft fueling and defueling equipment (such as hoses and funnels) shall be electrically grounded or bonded.
(5) When a fuel spill occurs at or near a fuel delivery device, the Administration shall be notified immediately. Valves and dome covers shall be shut down and the fueling vehicle shall remain in place until the arrival of fire department vehicles. If the engine of the fueling vehicle is running at the time of the fuel spill, it shall remain running until orders otherwise are issued by the fire department incident commander at the scene. Conversely, if the engine of the fueling vehicle is shut down at the time of the fuel spill, it shall remain shut down until the fire department incident commander at the scene orders the vehicle removed. Fueling or defueling operations may not resume following a fuel spill until all affected areas are thoroughly cleaned.
(6) Only fueling/defueling personnel, and other personnel expressly authorized by an air carrier in accordance with approved operating procedures, are permitted within 50 feet of an aircraft during fueling and defueling operations. Fueling operators shall possess an Oil Operator's Certificate issued in accordance with COMAR 26.10.01.
(7) A person may not be aboard an aircraft during fueling or defueling unless a cabin attendant is present at or near the cabin door and unless a passenger boarding ramp or bridge is in place at the cabin door.
(8) During fueling or defueling, the use of any material which may cause a static spark is prohibited.
(9) Fueling or defueling operations may not begin unless fire extinguishers are within ready reach.
(10) Starting the engine of an aircraft when there is any flammable or combustible liquid on the ground in the vicinity of the aircraft is prohibited.
(11) It is prohibited to fuel or defuel an aircraft with any equipment or apparatus which is not in a safe, sound, and nonleaking condition.
B. The fueling and defueling of aircraft and the maintenance of an aircraft fueling system may not be conducted within 50 feet of any hangar or other building, except as conducted in compliance with:
(1) NFPA 407 Aircraft Fuel Servicing; and
(2) NFPA 410 Aircraft Maintenance.
C. Parking fueling vehicles in areas other than those assigned by the Administration except for the accomplishment of minor adjustments or repairs necessary to move the vehicle to a designated storage or repair area is prohibited. Fuel trucks, empty or otherwise, are not permitted within any building at the Airport unless the building is properly designed and equipped for fuel truck repair purposes. Fueling or defueling aircraft in any building is strictly prohibited.
D. An operator may not back a fueling vehicle anywhere on the Airport unless an attendant is present outside the fueling vehicle to assist.
E. Fueling operations shall be stopped when a fire is detected within 300 feet.
F. The operation or ground testing of airborne radar equipment is prohibited except in areas approved for that purpose. Aircraft radar directional beams may not be operated near another aircraft, fueling operations, fueling trucks or flammable liquid storage when the high intensity beam emitter is within a 300-foot radius or the low intensity beam emitter is within a 100-foot radius.
**History**
- *Administrative History: Effective date: November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: Chapter revised effective June 9, 1976 (3:12 Md. R. 643)*
- *Administrative History: Chapter recodified from COMAR 11.03.04 to 11.03.01*
- *Administrative History: Regulation .01D-1, G-1, I-1, K-1, U-1, U-2 adopted effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01G-1, I-1, I-2 and J amended, and .01L-1 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .01J-1, K-2, K-3 adopted effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulations .01F; .02B—E, G, H, K, M, O, Q, R, V, Y; .03C, G, J, U,.04A, B, H, L, M, O, Q, S; .05D—I; and .08C, E amended effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .03W amended effective April 3, 1989 (16:6 Md. R. 728)*
- *Administrative History: Regulation .04E amended effective April 20, 1979 (6:8 Md. R. 657)*
- *Administrative History: Regulation .04I amended effective May 21, 1984 (11:10 Md. R. 864)*
- *Administrative History: Regulation .05D amended as an emergency provision effective April 1, 1981 (8:8 Md. R. 716); adopted permanently effective June 26, 1981 (8:13 Md. R. 1140) Regulation .05D amended as an emergency provision effective April 21, 1986 (13:10 Md. R. 1153); adopted permanently effective July 15, 1986 (13:14 Md. R. 1633)*
- *Administrative History: Regulation .05D amended effective January 25, 1980 (7:2 Md. R. 116); June 21, 1982 (9:12 Md. R. 1224); April 9, 1984 (11:7 Md. R. 626); May 4, 1987 (14:9 Md. R. 1081); May 16, 1988 (15:10 Md. R. 1202); May 1, 1989 (16:6 M. R. 728); April 30, 1990 (17:8 Md. R. 976)*
- *Administrative History: Regulation .05E amended effective December 5, 1983 (10:24 Md. R. 2189); March 6, 1989 (16:4 Md. R. 497)*
- *Administrative History: Regulation .05F repealed effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulations .05I and .06 amended effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulation .08I amended effective March 10, 1986 (13:5 Md. R. 546)*
- *Administrative History: Regulation .11 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .11 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 7, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective October 11, 1993 (20:20 Md. R. 1572); April 1, 1996 (23:3 Md. R. 169); July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05 amended effective April 1, 1996 (23:3 Md. R. 169)*
- *Administrative History: Regulation .05D amended as an emergency provision effective May 21, 1991 (18:13 Md. R. 1480); amended permanently effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .05D amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .05E amended effective March 16, 1992 (19:5 Md. R. 578)*
- *Administrative History: Regulation .05E—L amended effective October 11, 1993 (20:20 Md. R. 1572)*
- *Administrative History: Regulation .05F amended effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05H repealed effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulations .05-1—.05-3 adopted effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .08A amended effective November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .11 amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .12 adopted effective December 30, 1993 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .12 amended effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 30, 2000 (27:21 Md. R. 1976)*
- *Administrative History: Regulation .01 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .01B amended effective January 2, 2006 (32:26 Md. R. 1998); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); April 5, 2010 (37:7 Md. R. 572); July 15, 2019 (46:14 Md. R. 622); April 3, 2023 (50:6 Md. R. 219); October 13, 2025 (52:20 Md. R.1002)*
- *Administrative History: Regulation .01-1B amended effective December 24, 2001 (28:25 Md. R. 2192); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); December 24, 2012 (39:25 Md. R. 1614); December 22, 2014 (41:25 Md. R. 1485); April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .01-1B amended effective August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .01-1C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02I, Y amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04E amended effective October 22, 2007 (34:21 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended effective April 3, 2023 (50:6 Md. R. 219)*
- *Administrative History: Regulation .04T adopted effective October 13, 2025 (52:50 Md. R. 1002)*
- *Administrative History: Regulation .05 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .05D amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .05G amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05J amended effective January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .05-1A amended effective September 1, 2001 (28:16 Md. R. 1483); January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .06C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06F amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .08A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09D amended effective July 15, 2019 (46:14 Md. R. 622); December 12, 2024 (Md. R. 51:24 1081)*
- *Administrative History: Regulation .12 amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .12B amended effective December 22, 2014 (41:25 Md. R. 1485); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .12B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .13 adopted effective December 16, 2019 (46:25 Md. R. 1131)*
- *Administrative History: Regulation .13 amended effective October 13, 2025 (52:20 Md. R. 1002)*
- *Authority: Transportation Article, Annotated Code of Maryland*
##### **COMAR 11.03.01.04** Control of Vehicular Traffic on the Air Operations Area. {#sec-11.03.01.04 omnilex-key=us-md-regs-official--title-11--11.03.01.04}
A. Authority to Operate on the Air Operations Area. The only motor vehicle operations permitted on the air operations area are those expressly authorized by the Airport Director, who shall identify the motor vehicles by registration. Permanent registration shall be extended on the basis of need only to Airport activities whose operations are formalized by contract with the Administration. Temporary registration may be extended to agencies whose business is directly related to the aviation activity of the Airport when access to the air operations area is considered necessary to the conduct of business.
B. Traffic Control.
(1) All motor vehicle operators are required to obey all posted regulatory signs, traffic signals, and all instructions by the Control Tower, the Airport Director, or by an officer charged with traffic control and enforcement.
(2) Radio Equipped Vehicle.
(a) Operators of vehicles with two-way radio equipment and who possess a valid airfield operator's permit and are authorized by the Airport Director to enter upon the movement area shall first establish and maintain radio contact with the Control Tower and obtain Control Tower authorization to proceed.
(b) Operators of vehicles with two-way radio equipment and who possess a valid airfield operator's permit and are authorized by the Airport Director and desiring to cross an active runway shall first obtain specific clearance to do so from the Control Tower.
(3) Vehicles Without Radio Equipment. Vehicles without two-way radio equipment are not permitted to enter, or operate within, the movement area unless escorted by an authorized radio equipped vehicle that is in contact with the Control Tower.
(4) To supplement control of traffic by radio, the Control Tower also uses standard light signals. It is the responsibility of all vehicle operators to be familiar with these signals and to comply with them when they are in use.
C. Operations Near Aircraft.
(1) Aircraft servicing vehicles designated for a specific airport are the only motor vehicles that may pass within 20 feet of a parked aircraft.
(2) Motor vehicles may not be operated between an aircraft and terminal concourses while passengers are enplaning or deplaning.
(3) Aircraft servicing vehicles may not be operated on the loading ramp unless the aircraft to be serviced has come to a complete stop at its designated loading position.
(4) Vehicles shall pass only to the rear of taxiing aircraft.
D. Designated Vehicular and Pedestrian Routes.
(1) Vehicle operators shall use marked roadways and may not use the ramp or cargo areas as a short cut.
(2) Vehicle operators who are authorized to pass through a terminal underpass before entering and again before exiting the underpass shall come first to a complete stop.
(3) Pedestrians desiring to walk between terminal concourses shall remain within 50 feet of the terminal building at all times to remain clear of the taxilane.
E. Speed Limits.
(1) Except for authorized emergency vehicles, the maximum allowable speed for a motor vehicle on the outer ramp road is 15 miles per hour.
(2) Except for authorized emergency vehicles, the maximum allowable speed for any vehicle within 20 feet of a parked aircraft is 5 miles per hour.
(3) Except for authorized emergency vehicles, the maximum allowable speed for a vehicle on the inner ramp road (adjacent to the main Terminal) is 5 miles per hour.
(4) The maximum allowable vehicle speed in the main terminal baggage make-up and delivery areas is 4 miles per hour (brisk walking speed).
(5) Except for authorized emergency vehicles, the maximum allowable speed for a motor vehicle on connecting ramp roadways, aircraft parking ramps, aprons, and in hangar areas is 10 miles per hour.
(6) Except for authorized emergency vehicles, the maximum allowable speed limit for a motor vehicle on the cargo ramp roadway is 20 miles per hour.
F. Careless Driving. Motor vehicle operations on the air operations area shall be conducted in a careful and prudent manner reflecting due consideration of driving circumstances so as not to endanger the life, limb, or property of any person.
G. Safety Equipment.
(1) Motor vehicles operated on the air operations area shall be properly maintained in accordance with all Airport standard operating procedures.
(2) Motor Vehicle Lights.
(a) Operation of a motor vehicle on the air operations area is prohibited if any of its headlights or tail lights are inoperative.
(b) Persons operating motor vehicles on the air operations area shall keep the vehicle's headlights and tail lights fully illuminated between the hours of sunset and sunrise and at all times when passing through unlighted or poorly lighted areas or when visibility is restricted.
(c) If a stalled motor vehicle is left on the air operations area between the hours of sunset and sunrise, either its parking lights shall be illuminated or warning lights shall be posted.
(d) The headlights of a motor vehicle on the air operations area shall be adequate to meet State requirements in addition to those of the Administration.
(e) Baggage, cargo carts, and trailers operating on the air operations area shall be equipped with at least two yellow reflectors on each side and two red reflectors on the rear or marked with reflectorized tape as approved by the Administration.
(f) Motor vehicles operating on a taxiway or runway shall be equipped with flashing amber identification lights on top of the vehicle.
(g) It is preferred that motor vehicles operating on the air operations area be equipped with headlight dimmer switches. Vehicles not so equipped that are approved for operating on the air operations area shall have headlight beams focused to strike the ground not more than 50 feet ahead of the vehicle.
(3) Motor Vehicle Brakes.
(a) Operators are required to test the vehicle's brakes before commencing any operation on the air operations area.
(b) All motor vehicles operated on the air operations area shall be equipped with an emergency brake capable of holding the vehicle on a 30-degree grade.
(4) Motor Vehicle Windows and Mirrors.
(a) All motor vehicles operated on the air operations area shall be equipped with at least one mirror, so adjusted that the operator of the vehicle has a clear view for a distance of at least 200 feet to the rear unless the vehicle is a specialized service vehicle not licensed for general highway use and having an open cab which provides the driver with unobstructed, 360-degree visibility.
(b) Windows of any motor vehicle operated on the air operations area shall be free of cracks, blisters, discoloration, or any other defect causing distortion or obstruction to the vision of the operator.
(c) Posters, stickers, signs, or other objects on the windows of a motor vehicle operating on the air operations area, other than those required by the Administration or by law, are prohibited.
(5) All motor vehicles approved for operating on the air operations area are subject to inspection as prescribed by the Administration.
H. Emergency Vehicles and Conditions.
(1) Emergency conditions existing on the air operations area do not mitigate or cancel any existing regulations.
(2) Under emergency conditions such as an aircraft accident or fire, access to the scene is denied to all vehicles or persons except those whose duties require their presence. The Airport Director shall determine when normal operations may be resumed.
I. Occupants of Motor Vehicles.
(1) While on the air operations area, riding on the outside of a moving motor vehicle, or riding with arms or legs protruding from the body of the vehicle is prohibited. Standing up in a moving motor vehicle is prohibited unless the vehicle is designed and intended for this purpose.
(2) Passengers, other than those permitted by these regulations or by other applicable law, are not permitted in any motor vehicle on the air operations area.
(3) Seat belts shall be worn in accordance with State motor vehicle laws and regulations on the air operations area.
J. Tugs and Trailers.
(1) Towing of a train of more than six baggage carts is prohibited on the air operations area.
(2) Any trailer or semitrailer operated on the air operations area shall be equipped with proper brakes so that when disengaged from the towing vehicle it will not become free-rolling.
(3) All towed equipment operated on the air operations area shall be equipped with positive locking couplings.
(4) Tugs, trailers, baggage, or cargo carts shall be returned to an assigned storage area immediately following their use with the brakes set in the locked position.
K. Yielding Right-of-Way.
(1) Any person operating a motor vehicle on the air operations area shall yield the right-of-way to aircraft in motion or aircraft with engines running, ready to be put in motion.
(2) Any person operating a motor vehicle across or into vehicle traffic lanes on the air operations area shall yield the right-of-way to vehicles already in those lanes.
(3) All persons operating motor vehicles on the air operations area shall pass to the right of approaching vehicles.
(4) All persons operating motor vehicles on the air operations area shall yield right-of-way to emergency vehicles.
L. Parking.
(1) Parking on the air operations area, except at places designated by the Airport Director, is prohibited.
(2) Parking within 15 feet of any fire hydrant or other fire control apparatus is prohibited.
(3) Parking on the air operations area which interferes with or prevents the passage or movement of aircraft or emergency or other motor vehicles is prohibited. Vehicles in violation of this regulation may be removed by the Airport Director at the expense and risk of the owner or operator.
(4) Parking within 200 feet of the edge of a runway is prohibited.
(5) A motor vehicle may not be left unattended with the motor running unless properly chocked and authorized by the Airport Director.
(6) Parking within the triple yellow lines that denote the movement area of a loading bridge is prohibited.
M. Motor Vehicle Accidents.
(1) A person operating a motor vehicle on the air operations area, who is involved in an accident resulting in injury to any person or damage to any property, shall stop the vehicle at the scene or as close as possible without obstructing traffic, notify the Airport Director, and remain at the scene of the accident until he has given a full report to the investigating officer. Upon request, any relevant permit, license, registration, or other document shall be shown to the investigating officer.
(2) A person operating a motor vehicle on the air operations area who is involved in an accident as defined in §M(1) of this regulation and the owner, if other than the operator, shall make a full written report of the accident to the Airport Director within 24 hours after the accident. The report shall include the names and addresses of the individuals involved, a description of the property or vehicles involved, the registration and license numbers of the vehicles involved, and any other relevant information.
N. Repair of Motor Vehicles. Cleaning, repairing, maintaining, or overhauling of motor vehicles or other equipment is prohibited on the air operations area, except in an approved shop area.
O. Contractors' Access and Use of Premises.
(1) Construction vehicles and equipment shall use only those entrances and exits designated by the Administration.
(2) Construction vehicles and equipment shall enter and exit the airfield area only during times specified in writing by the Airport Director.
(3) When not in use, construction vehicles and equipment may not remain at a work site on the airfield area without the written authorization of the Airport Director.
(4) Construction vehicles and equipment that have the written authorization of the Airport Director to remain at a work site when not in use shall be marked and lighted so they will not be hazardous to other vehicles and aircraft.
(5) Construction vehicles and equipment that are operated by individuals with a valid airfield operator's permit and authorized to operate in the movement area may not operate on or move across an active runway unless they are either in two-way radio contact with the Control Tower, or escorted by an authorized vehicle which is in two-way radio contact with the Control Tower.
P. Vehicle Identification and Escort Rules.
(1) Vehicles authorized permanent access to the air operations area shall be clearly marked with the company name, logo, or other identification acceptable to the Administration.
(2) Vehicles authorized temporary access to the air operations area shall display conspicuously on the windshield an “Official Permit” issued by the Administration.
(3) Vehicles not authorized access to the air operations area as in §P(1) and (2) of this regulation shall be escorted by Administration personnel or authorized personnel of an Airport tenant.
Q. Airfield Operator's Permit.
(1) An Airfield Operator's Permit is required for all individuals who operate a motor vehicle, a loading bridge, or any other motorized equipment on the air operations area. The Administration has a three-tier system for its Airfield Operator’s Permit:
(a) Tier 1 is designated for those individuals requiring access to only non-movement areas of the air operations area. An Airfield Operator’s Permit designated as tier 1 shall have a V/P or V/P/L on the individual’s identification badge.
(b) Tier 2 is designated for those individuals requiring access to nonmovement areas and limited access to movement areas of the air operations area. An Airfield Operator’s Permit designated as tier 2 shall have a V/P/T on the individual’s identification badge.
(c) Tier 3 is designated for those individuals requiring unrestricted access to the non-movement and movement areas of the air operations area. An Airfield Operator’s Permit designated as tier 3 shall have a V/P/R on the individual’s identification badge.
(2) An applicant for an Airfield Operator's Permit shall obtain a Request for Access/PIN Change form and the Equipment Training Record form from the Administration.
(3) An applicant for an Airfield Operator's Permit of any tier shall possess a valid motor vehicle operator's license from any state. Applicants for an Airfield Operator's Permit shall successfully complete the following:
(a) Tier 1: The Non-movement Area Airfield Operator’s Permit written examination with a minimum score of 80 percent. The applicant shall also complete recurrent non-movement area training on a bi-annual basis.
(b) Tier 2: The Non-movement Area Airfield Operator’s Permit written examination with a minimum score of 80 percent and the Movement Area Airfield Operator’s Permit written examination with a minimum score of 90 percent. The applicant shall also complete recurrent movement area training on an annual basis.
(c) Tier 3: The Non-movement Area Airfield Operator’s Permit written examination with a minimum score of 80 percent, the Movement Area Airfield Operator’s Permit written examination with a minimum score of 90 percent, and a daytime and nighttime movement area practical driving test as follows:
(i) Daytime and Nighttime Practical Driving Test. The applicant shall also take a written test and a practical driving test during daylight and nighttime hours with an Airport Operations supervisor. A minimum score of 90 percent is required on the written test. The written test also contains core questions of which have no numerical value but are pass/fail. A fail on any of the core questions ends the test and results in a denial of the permit. The practical driving test demonstrates the ability to move around the Airport with knowledge, technique, and in a safe manner.
(ii) The applicant shall also complete recurrent movement area training on an annual basis.
(4) The Airfield Operator's Permit shall be annotated to indicate the class of equipment and level of authorization that an individual is permitted to operate on the air operations area in accordance with the regulations specified by the Airport Director for Baltimore/Washington International Thurgood Marshall Airport, or the Director's designee.
(5) The expiration date of all tiers of Airfield Operator's Permits shall coincide with the expiration date of the applicant's identification badge issued by the Administration. If renewal of an Airfield Operator's Permit is desired, this renewal shall be done at the time of the employee identification badge renewal.
(6) An applicant for an Airfield Operator's Permit shall complete the applicable training and submit an Equipment Training Record form. Training shall take place before issuance of an Airfield Operator's Permit.
(7) Citations for violations of Airport regulations concerning airfield vehicular operations may be issued by the Airport Police and the Airport Director and individuals designated by the Airport Director. A copy of the citation shall be given to the individual charged with a violation.
(8) The Airport Director or the Director's designee may issue warning letters, conduct conferences, issue and modify orders of suspension and revocation of Airfield Operator's Permits, conduct hearings, and implement a point system for violations of Airport regulations.
(9) The Airport Director or the Director's designee may send warning letters to individuals who have accumulated three points. Individuals who have accumulated five points shall be required to meet with the Airport Director to review their driving record. Upon receipt of eight points, the individual's Airfield Operator's Permit shall be suspended. Upon receipt of 12 points, the individual's Airfield Operator's Permit shall be revoked.
(10) If an individual accumulates eight or more points, the Airport Director shall issue a notice of suspension or revocation to be served personally through the tenant manager. The notice shall state the duration of the suspension or revocation and shall advise the individual of the individual's right to request a hearing before the License Review Board.
(11) Each notice of suspension or revocation shall be effective upon receipt, unless a hearing is requested. Points assessed shall be retained on an individual's driving record for 2 years from the date of assessment unless changed by the License Review Board.
(12) Upon receipt of a request for a hearing, the Airport Director or the Director's designee shall stay the suspension or revocation pending the outcome of the hearing, unless it appears to the Airport Director that substantial and immediate harm could result to the individual or others if the Airfield Operator's Permit was continued in effect pending the hearing.
(13) The duration of any subsequent suspension shall be for not less than 15 days but not more than 90 days.
(14) The License Review Board shall consist of a minimum of three persons designated by the Airport Director. In case of revocation or suspension, the Board shall include the tenant manager or immediate supervisor of the individual. The Board shall conduct hearings and render decisions at the request of an individual concerning contested citations, point assessments, suspensions, or revocations.
(15) Hearings shall be conducted and decisions rendered in accordance with the Administrative Procedure Act, State Government Article, §§10-20110-217, Annotated Code of Maryland.
(16) The Board may uphold or void citations issued for violations of Airport regulations. The Board may uphold, void, or modify suspensions, revocations, or points assessed for violations of Airport regulations.
(17) An individual may appeal from a final decision of the Board. If the individual resides or has a principal place of business in Maryland, the appeal shall be made to the circuit court for the county in which the individual resides, otherwise an appeal shall be made to the Circuit Court for Anne Arundel County.
(18) Upon notification that an appeal is filed, the Board shall grant a stay of the Board's decision pending the outcome of the appeal, unless it appears to the Board that substantial and immediate harm could result to the individual or others if the Airfield Operator's Permit was continued in effect pending the appeal.
R. Guidemen. If the vision of a motor vehicle operator is restricted in any manner, operation of the vehicle is prohibited unless a guideman is positioned outside the vehicle to assist the operator.
S. Special Vehicular Regulations.
(1) The operation of any two-wheeled motor vehicle or self-propelled vehicle on the air operations area shall be approved in writing by the Airport Director.
(2) Unlicensed motor vehicles approved for use on the air operations area are prohibited from using public roadways unless authorized by the State Motor Vehicle Administration.
(3) Only specially equipped vehicles approved by the Airport Director may be operated inside a hangar.
T. Abandoned, Derelict, Inoperable, and Surplus Motor Vehicles and Equipment.
(1) Abandoning or parking a derelict, inoperable, or surplus motor vehicle or equipment on the Air Operations Area is prohibited. The Airport Director, or the Airport Director’s designee, may remove from the Air Operations Area, any motor vehicle or equipment that is abandoned, derelict, inoperable, or surplus and which presents an operational or security problem for the Air Operations Area. The owner of a motor vehicle or equipment that has been removed pursuant to this regulation shall be held liable for the reasonable costs of the removal and storage of the motor vehicle and/or equipment.
(2) Airport tenants are responsible for the prompt removal of abandoned, derelict, inoperable, or surplus motor vehicles and equipment from their leased premises, at the owner’s expense.
(3) The Airport Director or Airport Director’s designee will attempt to identify the owner of any abandoned, derelict, inoperable, and surplus motor vehicles or equipment on the Air Operations Area and any which present an operational or security concern on the Air Operations Area. The Airport Director or Airport Director’s designee will attempt to contact the owner via certified mail, return receipt requested, bearing a postmark of the USPS, no less than thirty days to prior to removal, using the most updated tenant provided contact information. The Airport Director or Airport Director’s designee will maintain the certified mail receipts. A removal notice shall also be posted on the windshield of any motor vehicle and on the most visible surface of equipment deemed to be abandoned, derelict, inoperable, and surplus and any which present an operational or security concern on the Air Operations Area.
**History**
- *Administrative History: Effective date: November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: Chapter revised effective June 9, 1976 (3:12 Md. R. 643)*
- *Administrative History: Chapter recodified from COMAR 11.03.04 to 11.03.01*
- *Administrative History: Regulation .01D-1, G-1, I-1, K-1, U-1, U-2 adopted effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01G-1, I-1, I-2 and J amended, and .01L-1 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .01J-1, K-2, K-3 adopted effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulations .01F; .02B—E, G, H, K, M, O, Q, R, V, Y; .03C, G, J, U,.04A, B, H, L, M, O, Q, S; .05D—I; and .08C, E amended effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .03W amended effective April 3, 1989 (16:6 Md. R. 728)*
- *Administrative History: Regulation .04E amended effective April 20, 1979 (6:8 Md. R. 657)*
- *Administrative History: Regulation .04I amended effective May 21, 1984 (11:10 Md. R. 864)*
- *Administrative History: Regulation .05D amended as an emergency provision effective April 1, 1981 (8:8 Md. R. 716); adopted permanently effective June 26, 1981 (8:13 Md. R. 1140) Regulation .05D amended as an emergency provision effective April 21, 1986 (13:10 Md. R. 1153); adopted permanently effective July 15, 1986 (13:14 Md. R. 1633)*
- *Administrative History: Regulation .05D amended effective January 25, 1980 (7:2 Md. R. 116); June 21, 1982 (9:12 Md. R. 1224); April 9, 1984 (11:7 Md. R. 626); May 4, 1987 (14:9 Md. R. 1081); May 16, 1988 (15:10 Md. R. 1202); May 1, 1989 (16:6 M. R. 728); April 30, 1990 (17:8 Md. R. 976)*
- *Administrative History: Regulation .05E amended effective December 5, 1983 (10:24 Md. R. 2189); March 6, 1989 (16:4 Md. R. 497)*
- *Administrative History: Regulation .05F repealed effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulations .05I and .06 amended effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulation .08I amended effective March 10, 1986 (13:5 Md. R. 546)*
- *Administrative History: Regulation .11 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .11 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 7, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective October 11, 1993 (20:20 Md. R. 1572); April 1, 1996 (23:3 Md. R. 169); July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05 amended effective April 1, 1996 (23:3 Md. R. 169)*
- *Administrative History: Regulation .05D amended as an emergency provision effective May 21, 1991 (18:13 Md. R. 1480); amended permanently effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .05D amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .05E amended effective March 16, 1992 (19:5 Md. R. 578)*
- *Administrative History: Regulation .05E—L amended effective October 11, 1993 (20:20 Md. R. 1572)*
- *Administrative History: Regulation .05F amended effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05H repealed effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulations .05-1—.05-3 adopted effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .08A amended effective November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .11 amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .12 adopted effective December 30, 1993 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .12 amended effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 30, 2000 (27:21 Md. R. 1976)*
- *Administrative History: Regulation .01 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .01B amended effective January 2, 2006 (32:26 Md. R. 1998); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); April 5, 2010 (37:7 Md. R. 572); July 15, 2019 (46:14 Md. R. 622); April 3, 2023 (50:6 Md. R. 219); October 13, 2025 (52:20 Md. R.1002)*
- *Administrative History: Regulation .01-1B amended effective December 24, 2001 (28:25 Md. R. 2192); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); December 24, 2012 (39:25 Md. R. 1614); December 22, 2014 (41:25 Md. R. 1485); April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .01-1B amended effective August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .01-1C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02I, Y amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04E amended effective October 22, 2007 (34:21 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended effective April 3, 2023 (50:6 Md. R. 219)*
- *Administrative History: Regulation .04T adopted effective October 13, 2025 (52:50 Md. R. 1002)*
- *Administrative History: Regulation .05 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .05D amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .05G amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05J amended effective January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .05-1A amended effective September 1, 2001 (28:16 Md. R. 1483); January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .06C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06F amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .08A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09D amended effective July 15, 2019 (46:14 Md. R. 622); December 12, 2024 (Md. R. 51:24 1081)*
- *Administrative History: Regulation .12 amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .12B amended effective December 22, 2014 (41:25 Md. R. 1485); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .12B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .13 adopted effective December 16, 2019 (46:25 Md. R. 1131)*
- *Administrative History: Regulation .13 amended effective October 13, 2025 (52:20 Md. R. 1002)*
- *Authority: Transportation Article, Annotated Code of Maryland*
##### **COMAR 11.03.01.05** Control of Landside Traffic and Ground Transportation. {#sec-11.03.01.05 omnilex-key=us-md-regs-official--title-11--11.03.01.05}
A. Governing Law. Motor vehicle operators using the public streets, ramps, roads, and highways on the Airport shall comply with the Transportation Article, Annotated Code of Maryland.
B. Compliance With Orders.
(1) Parking or standing is prohibited on all Airport roads, except in designated parking areas.
(2) Leaving a motor vehicle unattended at curbside in front of the terminal is prohibited.
(3) A vehicle may not enter any area that is closed to vehicular traffic by barricades or other traffic control devices.
(4) Private vehicles are prohibited from parking in areas marked “taxi”, “limo”, “buses”, or “commercial delivery”.
(5) Areas posted as “Restricted Parking” may be used only by clearly marked emergency vehicles or vehicles authorized in writing by the Administration.
(6) Parking in pedestrian crosswalks is prohibited.
(7) Parking which in any way obstructs traffic or creates a hazard is prohibited.
(8) In addition to these general regulations, the Administration may further regulate parking by posting signs or notices. Parking in violation of any sign or notice is prohibited.
(9) The responsibility for finding a legal parking space rests with the motor vehicle operator. Lack of space is no excuse for violation of these regulations.
C. Public Parking Lots.
(1) Claiming or removing a motor vehicle without first paying the full parking fee is prohibited.
(2) Any person claiming a vehicle without a claim check is required to show identification and evidence of ownership or right to use the vehicle.
(3) Any person claiming a vehicle without a claim check shall be charged the maximum daily rate and any other accrued charges.
D. Employee Parking Lots.
(1) Employee parking privileges at Baltimore/Washington International Thurgood Marshall Airport shall be limited to those individuals having an employer/employee relationship with a company possessing lease or concession agreements or other contracts with the Administration or with an Administration-approved subtenant of the company who receive salary or wages for work regularly performed at the Airport on behalf of this employer or company.
(2) Only vehicles displaying a current and valid BWI employee parking decal are permitted to park in the area or areas designated by the Administration as an employee parking lot.
(3) BWI Employee Parking Decals — Display.
(a) BWI employee parking decals shall be in the form of a hang tag displayed from the vehicle's rearview mirror with the decal number and expiration date clearly visible when viewed from the outside.
(b) BWI employee parking decals for motorcycles shall be in the form of a decal which shall be permanently affixed on the rear of the motorcycle, either on the bumper or other stationary part, so that it is clearly visible from the rear.
(4) BWI Employee Parking Decals — General Information.
(a) BWI employee parking decals are valid for either a 12-month or a 6-month period as determined and set by the Administration.
(b) Fees are payable for each decal cycle and may be charged according to the work location of the employee as determined by the Administration.
(c) An employee whose permanent work location is in the Airport terminal and who uses the employee parking shuttle bus system may be charged a rate which allows the Administration to recover the operating costs of the system.
(d) An employee whose permanent work location is in one of the Air Cargo Complex buildings on Airport property, or other Airport property, and who does not use the employee parking shuttle bus system may be charged a different rate.
(e) Fees for each decal cycle shall be determined by the Administration based upon an analysis of the prior 12 months of operating expenses.
(f) Fees for each decal cycle shall be communicated to Airport employees at least 10 days before the beginning of each decal cycle.
(5) BWI employee parking decals are issued to authorized Airport employees only after verification by their employers.
(6) BWI employee parking decals are for use by Airport employees in vehicles used by them in transport to and from the Airport.
(7) BWI employee parking decals which are lost, stolen, or misplaced by the employee and which have not expired may be replaced upon payment of the fee in effect at the time of replacement.
(8) Alteration of a BWI employee parking decal voids the decal.
(9) Refunds of payments for BWI employee parking decals may be issued at the discretion of the Administration.
(10) Failure to display a BWI employee parking decal by the employee may subject the employee to a fine.
(11) Fees for each decal cycle may be prorated based on the month of purchase.
E. Penalties, Fines and Costs.
(1) Abandoned vehicles and vehicles parked in violation of any parking regulation, sign, or notice may be removed by the Administration at the expense and risk of the owner. Towing charges are in addition to any fines.
(2) Parking violations are subject to the following fines:
(a) Obstructing movement of traffic — $35;
(b) Obstructing movement of pedestrians — $35;
(c) Unattended vehicle — $50;
(d) Meter or other time limit violation — $35;
(e) Parking in other than designated areas — $35;
(f) Illegally parked in handicapped area — $50;
(g) Illegally parked in leased space — $35;
(h) Parked in no parking area — upper level roadway system — $35;
(i) Parked in no parking area — lower level roadway system — $35;
(j) Failure to display current employee parking decal or permit — $35;
(k) Failure to display current valid Courtesy/Commercial Vehicle Permit — $50.
(3) Fines shall be paid within 15 days of citation to the Maryland Aviation Administration, Office of Business Administration, Accounting Section.
(4) Vehicles with three or more unpaid tickets against them may be impounded until all tickets have been cleared.
F. Buses and Limousines.
(1) Only buses operating on predetermined routes and schedules approved by the Administration or with a valid permit are permitted to operate at the Airport.
(2) Only limousine operators who hold a valid certificate issued by the appropriate governmental agency and who have a concession agreement with the Administration may operate from the Airport and solicit customers or serve passengers at the Airport with or without a prearranged reservation.
(3) Only vehicles displaying a valid permit may drop off passengers at the Airport and pick up passengers who have a prearranged reservation with the permit holder.
G. Rental Cars.
(1) An on-Airport rental car business which is located on Airport property and has a written car rental lease and concession contract with the Administration is permitted to engage in an on-Airport car rental business at the Airport.
(2) An on-Airport rental car business shall collect from its customers a transportation facility charge per transaction day, which is a 24-hour period, or any fraction of the period that a vehicle is rented under a rental agreement. When an on-Airport rental car business grants a grace period for late returns of rental cars, it may not collect a transportation facility charge for the grace period.
(3) The transportation facility charge offsets the actual costs of on-Airport rental car businesses to operate and maintain a common shuttle bus fleet and a common bus maintenance facility.
(4) If the total amount of the transportation facility charges collected by the on-Airport rental car businesses during a 12-month period exceeds the actual costs for operation and maintenance in the same 12-month period, the on-Airport rental car businesses shall retain the excess amount and adjust the transportation facility charge for the following 12-month period by a corresponding amount.
(5) At least 60 days prior to the commencement of a contract year, the on-Airport rental car businesses shall consult with the Administration to set the amount of the transportation facility charge for the next contract year based upon actual operation and maintenance costs.
H. Service Vehicles. Service vehicles operating to or from the airside of the Airport are prohibited on the main Airport entrance and exit roadways.
I. Pedestrians.
(1) Pedestrians in a marked crosswalk have the right-of-way over all vehicles. Pedestrians shall yield the right-of-way to emergency vehicles.
(2) Jaywalking is prohibited. Crosswalks shall be used.
J. Off-Airport Rental Car Businesses.
(1) A rental car business which is not located on Airport property and which utilizes courtesy vehicles to transport Airport customers to or from the off-Airport rental car business to or from the Airport consolidated rental car facility is subject to a privilege fee of 8 percent of gross revenue. The privilege fee for an off-Airport rental car business may not exceed the percent of gross revenue imposed on an on-Airport rental car business.
(2) An off-Airport rental car business' courtesy vehicles shall transport Airport customers to or from the off-Airport rental car business to or from the Airport consolidated rental car facility. The off-Airport rental car business' courtesy vehicles may not transport its patrons directly to or from the Airport terminal building or any other Airport location except for the consolidated rental car facility.
(3) Patrons of the off-Airport rental car business shall be transported to or from the Airport terminal building by a consolidated rental car bus along with other rental car Airport customers to or from the Airport consolidated rental car facility.
(4) The off-Airport rental car business shall submit a report to the Administration on or before the twentieth day of each month for the preceding month's activity showing the gross revenues and the calculation of the fee due the Administration, including reasonable detail and breakdown of gross revenues as may be required by the Administration.
(5) The privilege fee shall be due and payable on or before the twentieth day of each month for the preceding month's gross revenues.
(6) The off-Airport rental car business shall provide the Administration with a certificate of commercial general liability insurance and automobile liability insurance in the amounts determined by the Administration.
(7) The off-Airport rental car business shall permit the Administration to audit all business records and accounts during business hours upon demand and to make the records and accounts available to the Administration at the Airport.
(8) The privilege to operate a commercial activity at the Airport is suspended if the off-Airport rental car business fails to submit the monthly privilege fee including a late charge on any amount past due within 30 days of the due date for payments.
**Cross References**
11.03.01.05-1C(9)
11.03.01.05-2C(1)(b)
11.03.01.05-2D(1)(c)
11.03.01.05-2E(1)(c)
11.03.01.10D(2)
**History**
- *Administrative History: Effective date: November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: Chapter revised effective June 9, 1976 (3:12 Md. R. 643)*
- *Administrative History: Chapter recodified from COMAR 11.03.04 to 11.03.01*
- *Administrative History: Regulation .01D-1, G-1, I-1, K-1, U-1, U-2 adopted effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01G-1, I-1, I-2 and J amended, and .01L-1 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .01J-1, K-2, K-3 adopted effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulations .01F; .02B—E, G, H, K, M, O, Q, R, V, Y; .03C, G, J, U,.04A, B, H, L, M, O, Q, S; .05D—I; and .08C, E amended effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .03W amended effective April 3, 1989 (16:6 Md. R. 728)*
- *Administrative History: Regulation .04E amended effective April 20, 1979 (6:8 Md. R. 657)*
- *Administrative History: Regulation .04I amended effective May 21, 1984 (11:10 Md. R. 864)*
- *Administrative History: Regulation .05D amended as an emergency provision effective April 1, 1981 (8:8 Md. R. 716); adopted permanently effective June 26, 1981 (8:13 Md. R. 1140) Regulation .05D amended as an emergency provision effective April 21, 1986 (13:10 Md. R. 1153); adopted permanently effective July 15, 1986 (13:14 Md. R. 1633)*
- *Administrative History: Regulation .05D amended effective January 25, 1980 (7:2 Md. R. 116); June 21, 1982 (9:12 Md. R. 1224); April 9, 1984 (11:7 Md. R. 626); May 4, 1987 (14:9 Md. R. 1081); May 16, 1988 (15:10 Md. R. 1202); May 1, 1989 (16:6 M. R. 728); April 30, 1990 (17:8 Md. R. 976)*
- *Administrative History: Regulation .05E amended effective December 5, 1983 (10:24 Md. R. 2189); March 6, 1989 (16:4 Md. R. 497)*
- *Administrative History: Regulation .05F repealed effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulations .05I and .06 amended effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulation .08I amended effective March 10, 1986 (13:5 Md. R. 546)*
- *Administrative History: Regulation .11 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .11 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 7, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective October 11, 1993 (20:20 Md. R. 1572); April 1, 1996 (23:3 Md. R. 169); July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05 amended effective April 1, 1996 (23:3 Md. R. 169)*
- *Administrative History: Regulation .05D amended as an emergency provision effective May 21, 1991 (18:13 Md. R. 1480); amended permanently effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .05D amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .05E amended effective March 16, 1992 (19:5 Md. R. 578)*
- *Administrative History: Regulation .05E—L amended effective October 11, 1993 (20:20 Md. R. 1572)*
- *Administrative History: Regulation .05F amended effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05H repealed effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulations .05-1—.05-3 adopted effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .08A amended effective November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .11 amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .12 adopted effective December 30, 1993 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .12 amended effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 30, 2000 (27:21 Md. R. 1976)*
- *Administrative History: Regulation .01 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .01B amended effective January 2, 2006 (32:26 Md. R. 1998); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); April 5, 2010 (37:7 Md. R. 572); July 15, 2019 (46:14 Md. R. 622); April 3, 2023 (50:6 Md. R. 219); October 13, 2025 (52:20 Md. R.1002)*
- *Administrative History: Regulation .01-1B amended effective December 24, 2001 (28:25 Md. R. 2192); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); December 24, 2012 (39:25 Md. R. 1614); December 22, 2014 (41:25 Md. R. 1485); April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .01-1B amended effective August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .01-1C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02I, Y amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04E amended effective October 22, 2007 (34:21 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended effective April 3, 2023 (50:6 Md. R. 219)*
- *Administrative History: Regulation .04T adopted effective October 13, 2025 (52:50 Md. R. 1002)*
- *Administrative History: Regulation .05 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .05D amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .05G amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05J amended effective January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .05-1A amended effective September 1, 2001 (28:16 Md. R. 1483); January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .06C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06F amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .08A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09D amended effective July 15, 2019 (46:14 Md. R. 622); December 12, 2024 (Md. R. 51:24 1081)*
- *Administrative History: Regulation .12 amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .12B amended effective December 22, 2014 (41:25 Md. R. 1485); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .12B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .13 adopted effective December 16, 2019 (46:25 Md. R. 1131)*
- *Administrative History: Regulation .13 amended effective October 13, 2025 (52:20 Md. R. 1002)*
- *Authority: Transportation Article, Annotated Code of Maryland*
##### **COMAR 11.03.01.05-1** Commercial Vehicles and Courtesy Vehicles — General. {#sec-11.03.01.05-1 omnilex-key=us-md-regs-official--title-11--11.03.01.05-1}
A. General Provisions.
(1) Except as provided in these regulations, and except for vehicles utilized by off-Airport rental car businesses, a commercial vehicle or courtesy vehicle may not conduct business at the Airport unless a permit is first obtained from the Administration and displayed as provided in these regulations.
(2) A qualified business conducting a commercial activity as defined in Regulation .01B of this chapter and its vehicles used in transporting passengers shall be approved and registered by either the Maryland Public Service Commission or the Office of Motor Carriers of the Federal Highway Administration.
(3) A permit shall be displayed on an area of the vehicle designated by the Administration.
(4) Commercial vehicles and courtesy vehicles transporting passengers to and from the Airport shall drop off passengers or pick up prearranged passengers and immediately depart the Airport. Parking is only allowed in the public parking facilities subject to current parking rates and regulations.
(5) Commercial vehicles using the Airport for delivery of merchandise shall occupy only the areas designated by the Administration and at the times designated by the Administration. These areas may be eliminated, changed, or reassigned at the discretion of the Administration.
(6) Commercial and courtesy vehicles may only pick up passengers who have a prearranged reservation with the company.
(7) Soliciting of any kind by a commercial or courtesy vehicle operator, including, but not limited to, hand signals, hand-held lights, audible devices, physical contact, voice, and signs, other than those specified in §A(8) of this regulation, is prohibited on Airport property.
(8) A commercial or courtesy vehicle operator may not hold a sign larger than 11 inches × 17 inches designating the prearranged passenger's name and the company name. The company telephone number may not be displayed on the sign.
(9) Failure to abide by these regulations may result in forfeiture of the permit or denial of renewal of the permit for the following year.
(10) Fees.
(a) The fees in this subsection are established for all commercial vehicles and courtesy vehicles using the Airport.
(b) For a firm or person operating under a lease or concession contract with the Administration, which already makes payment to the Administration, payment of the fees specified in this regulation may be waived for vehicles specifically associated with the activities authorized under the lease or concession contract, but display of a valid permit on each authorized vehicle is required.
(c) For all other firms or persons, other than those meeting the conditions of §A(10)(b) of this regulation, the annual permit fee for each vehicle is $100.
(d) Fees for permits are:
(i) July 1 through September 30, per vehicle — $100;
(ii) October 1 through December 31, each vehicle — $75;
(iii) January 1 through March 31, each vehicle — $50;
(iv) April 1 through June 30, each vehicle — $25.
(11) Permits may be obtained from the Administration upon presentation of the vehicle's Maryland or other state registration card and after payment of the requisite fee. Fees are not refundable.
(12) A replacement permit to replace the original permit which has been stolen, lost, or damaged may be obtained but shall be issued only upon proof satisfactory to the Administration that the original permit has been stolen, lost, or damaged. The fee for a replacement permit is $20.
B. Denial of Permit.
(1) The Division may deny an application for a permit if:
(a) An applicant provides information on the application that is:
(i) Incomplete;
(ii) Inaccurate;
(iii) False; or
(iv) Not current;
(b) An applicant does not have the appropriate governmental authority to operate;
(c) An applicant fails to pay the filing fee; or
(d) At the time of application, the applicant or applicant's employer or contractor currently has a permit suspended or revoked.
(2) If the Division denies an application for a permit, the aggrieved applicant may appeal the Division's decision by filing an appeal with OAH in accordance with Regulation .05-3 of this chapter.
C. Prohibited Acts. While conducting commercial activity under a permit, a permit holder or its authorized operator may not:
(1) Pick up passengers who do not have a prearranged reservation with the company;
(2) Solicit by any means, including hand signals, hand-held lights, audible devices, physical contact, voice, and signs, other than a sign 11 inches × 17 inches or smaller that designates information about prearranged passengers and the company name;
(3) Hold a sign larger than 11 inches × 17 inches that designates information about prearranged passengers and a company name, if required;
(4) Display a company telephone number on the sign referred to in §C(3) of this regulation;
(5) Fail to display a currently valid permit on an area of the vehicle designated by the Administration;
(6) Display discourteous or inconsiderate behavior;
(7) Use profane or abusive conduct or language;
(8) Smoke while transporting a passenger;
(9) Violate Regulation .05E of this chapter as evidenced by:
(a) A conviction; or
(b) Payment of a fine provided for under that regulation;
(10) Operate a motor vehicle in a reckless or unsafe manner, or in general disregard of the State laws governing the operation of motor vehicles, as evidenced by:
(a) A conviction; or
(b) Payment of a fine provided for under the applicable State law;
(11) Operate a motor vehicle while under the influence of alcohol or drugs, as defined under State law, as evidenced by:
(a) A conviction; or
(b) Payment of a fine provided for under the applicable State law; or
(12) Violate any other applicable law or regulation.
**History**
- *Administrative History: Effective date: November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: Chapter revised effective June 9, 1976 (3:12 Md. R. 643)*
- *Administrative History: Chapter recodified from COMAR 11.03.04 to 11.03.01*
- *Administrative History: Regulation .01D-1, G-1, I-1, K-1, U-1, U-2 adopted effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01G-1, I-1, I-2 and J amended, and .01L-1 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .01J-1, K-2, K-3 adopted effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulations .01F; .02B—E, G, H, K, M, O, Q, R, V, Y; .03C, G, J, U,.04A, B, H, L, M, O, Q, S; .05D—I; and .08C, E amended effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .03W amended effective April 3, 1989 (16:6 Md. R. 728)*
- *Administrative History: Regulation .04E amended effective April 20, 1979 (6:8 Md. R. 657)*
- *Administrative History: Regulation .04I amended effective May 21, 1984 (11:10 Md. R. 864)*
- *Administrative History: Regulation .05D amended as an emergency provision effective April 1, 1981 (8:8 Md. R. 716); adopted permanently effective June 26, 1981 (8:13 Md. R. 1140) Regulation .05D amended as an emergency provision effective April 21, 1986 (13:10 Md. R. 1153); adopted permanently effective July 15, 1986 (13:14 Md. R. 1633)*
- *Administrative History: Regulation .05D amended effective January 25, 1980 (7:2 Md. R. 116); June 21, 1982 (9:12 Md. R. 1224); April 9, 1984 (11:7 Md. R. 626); May 4, 1987 (14:9 Md. R. 1081); May 16, 1988 (15:10 Md. R. 1202); May 1, 1989 (16:6 M. R. 728); April 30, 1990 (17:8 Md. R. 976)*
- *Administrative History: Regulation .05E amended effective December 5, 1983 (10:24 Md. R. 2189); March 6, 1989 (16:4 Md. R. 497)*
- *Administrative History: Regulation .05F repealed effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulations .05I and .06 amended effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulation .08I amended effective March 10, 1986 (13:5 Md. R. 546)*
- *Administrative History: Regulation .11 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .11 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 7, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective October 11, 1993 (20:20 Md. R. 1572); April 1, 1996 (23:3 Md. R. 169); July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05 amended effective April 1, 1996 (23:3 Md. R. 169)*
- *Administrative History: Regulation .05D amended as an emergency provision effective May 21, 1991 (18:13 Md. R. 1480); amended permanently effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .05D amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .05E amended effective March 16, 1992 (19:5 Md. R. 578)*
- *Administrative History: Regulation .05E—L amended effective October 11, 1993 (20:20 Md. R. 1572)*
- *Administrative History: Regulation .05F amended effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05H repealed effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulations .05-1—.05-3 adopted effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .08A amended effective November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .11 amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .12 adopted effective December 30, 1993 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .12 amended effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 30, 2000 (27:21 Md. R. 1976)*
- *Administrative History: Regulation .01 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .01B amended effective January 2, 2006 (32:26 Md. R. 1998); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); April 5, 2010 (37:7 Md. R. 572); July 15, 2019 (46:14 Md. R. 622); April 3, 2023 (50:6 Md. R. 219); October 13, 2025 (52:20 Md. R.1002)*
- *Administrative History: Regulation .01-1B amended effective December 24, 2001 (28:25 Md. R. 2192); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); December 24, 2012 (39:25 Md. R. 1614); December 22, 2014 (41:25 Md. R. 1485); April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .01-1B amended effective August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .01-1C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02I, Y amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04E amended effective October 22, 2007 (34:21 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended effective April 3, 2023 (50:6 Md. R. 219)*
- *Administrative History: Regulation .04T adopted effective October 13, 2025 (52:50 Md. R. 1002)*
- *Administrative History: Regulation .05 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .05D amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .05G amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05J amended effective January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .05-1A amended effective September 1, 2001 (28:16 Md. R. 1483); January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .06C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06F amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .08A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09D amended effective July 15, 2019 (46:14 Md. R. 622); December 12, 2024 (Md. R. 51:24 1081)*
- *Administrative History: Regulation .12 amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .12B amended effective December 22, 2014 (41:25 Md. R. 1485); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .12B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .13 adopted effective December 16, 2019 (46:25 Md. R. 1131)*
- *Administrative History: Regulation .13 amended effective October 13, 2025 (52:20 Md. R. 1002)*
- *Authority: Transportation Article, Annotated Code of Maryland*
##### **COMAR 11.03.01.05-2** Commercial Vehicles and Courtesy Vehicles — Disciplinary Proceedings. {#sec-11.03.01.05-2 omnilex-key=us-md-regs-official--title-11--11.03.01.05-2}
A. If a permit holder engages in a prohibited act, as defined by Regulation .05-1C of this chapter, the Division may:
(1) Issue a written warning to the permit holder;
(2) Suspend a permit; or
(3) Revoke a permit.
B. If a permit holder engages in a prohibited act under Regulation .05-1C(10)—(12) of this chapter, the Division may suspend or revoke a permit without first issuing a warning to the permit holder.
C. Letter of Warning.
(1) The Division shall issue a letter of warning to a permit holder by certified mail, return receipt requested, and first-class mail on:
(a) Receipt of a first complaint against the permit holder; or
(b) The permit holder's first violation of Regulation .05E of this chapter.
(2) The letter of warning shall:
(a) State the substance of the complaint or the regulation violated;
(b) Give the permit holder an opportunity to provide a written explanation to the Division within 10 calendar days from the date the warning letter is mailed to the permit holder; and
(c) State that failure of the permit holder to provide an explanation shall result in the Division sustaining the warning.
(3) If the permit holder provides a timely explanation, the Division may accept or reject the explanation within 30 calendar days from the date the Division receives the explanation.
(4) If the Division accepts the explanation, the Division shall send written notice to the permit holder and rescind the letter of warning.
(5) If the Division rejects the permit holder's explanation, the:
(a) Division shall sustain the warning;
(b) Division shall send written notice to the permit holder by certified mail, return receipt requested, and first-class mail;
(c) Warning shall become part of the permit holder's record maintained by the Division; and
(d) Division shall send a copy of the warning to the Maryland Public Service Commission or the Office of Motor Carriers of the Federal Highway Administration.
(6) If the permit holder fails to file a timely explanation, the notice in §C(5) of this regulation shall be mailed within 30 calendar days from the deadline by which the permit holder was required to submit the explanation.
D. Suspension of Permit.
(1) The Division may suspend any permits issued to a permit holder on:
(a) Verification of a complaint against the permit holder under Regulation .05-1C(10)—(12) of this chapter;
(b) The issuance of a second warning to a permit holder within a 12-month period before the date of issuance of the most recent warning; or
(c) The permit holder's second violation of Regulation .05E of this chapter within a 12-month period before the date of issuance of the most recent violation.
(2) The Division shall send a written notice of proposed suspension to the permit holder by certified mail, return receipt requested, and first-class mail.
(3) The notice of proposed suspension shall:
(a) State the substance of the complaint or the regulation violated;
(b) Identify prior complaints or regulations violated;
(c) Give the permit holder an opportunity to provide a written explanation to the Division within 10 calendar days from the date the notice of proposed suspension is mailed to the permit holder; and
(d) State that failure of the permit holder to provide an explanation shall result in the Division sustaining the notice of proposed suspension.
(4) If the permit holder provides a timely explanation, the Division may accept or reject the explanation within 30 calendar days from the date the Division receives the explanation.
(5) If the Division accepts the explanation, the Division shall send written notice to the permit holder and cancel the notice of proposed suspension.
(6) If the Division rejects the permit holder's explanation, the:
(a) Division shall sustain the notice of proposed suspension;
(b) Division shall send written notice of the suspension to the permit holder by certified mail, return receipt requested, and first-class mail;
(c) Notice shall identify the permits suspended and length of the suspension and state the effective date;
(d) Notice shall state the grounds for suspension;
(e) Notice shall inform the aggrieved permit holder that it may appeal the suspension within 10 calendar days from the date of the letter of suspension; and
(f) Division's decision shall become part of the permit holder's record maintained by the Division.
(7) If the permit holder fails to file a timely explanation, the notice in §D(6) of this regulation shall be mailed within 30 days from the deadline by which the permit holder was required to submit the explanation.
(8) An aggrieved permit holder may appeal the suspension in accordance with Regulation .05-3 of this chapter.
(9) If the permit holder fails to file a timely appeal, the Division's decision is the final agency decision.
(10) During the suspension period, the Division may not issue a new permit to the permit holder.
(11) If no appeal is filed, within 10 calendar days of the date of the decision to suspend, the permit holder shall surrender to the Administration any permits suspended.
(12) The Division shall send a copy of a final agency decision suspending the permit holder to the Maryland Public Service Commission or the Office of Motor Carriers of the Federal Highway Administration.
E. Revocation of Permit.
(1) The Division may revoke any permits issued to a permit holder on:
(a) Verification of a complaint against the permit holder under Regulation .05-1C(10)—(12) of this chapter;
(b) The issuance of a third warning to a permit holder within a 24-month period before the date of issuance of the most recent warning; or
(c) The permit holder's third violation of Regulation .05E of this chapter within a 24-month period before the date of issuance of the most recent violation.
(2) The Division shall send a written notice of proposed revocation to the permit holder by certified mail, return receipt requested, and first-class mail.
(3) The notice of proposed revocation shall:
(a) State the substance of the complaint or the regulation violated;
(b) Identify prior complaints or regulations violated;
(c) Give the permit holder an opportunity to provide a written explanation to the Division within 10 calendar days from the date the notice of proposed revocation is mailed to the permit holder; and
(d) State that failure of the permit holder to provide an explanation shall result in the Division sustaining the notice of proposed revocation.
(4) If the permit holder provides a timely explanation, the Division may accept or reject the explanation within 30 calendar days from the date the Division receives the explanation.
(5) If the Division accepts the explanation, the Division shall send written notice to the permit holder and cancel the proposed notice of revocation.
(6) If the Division rejects the permit holder's explanation, the:
(a) Division shall sustain the notice of proposed revocation;
(b) Division shall send written notice of the revocation to the permit holder by certified mail, return receipt requested, and first-class mail;
(c) Notice shall identify the permits revoked and the effective date of the revocation;
(d) Notice shall state the grounds for revocation;
(e) Notice shall inform the aggrieved permit holder that it may appeal the revocation within 10 calendar days from the date of the letter of revocation; and
(f) Division's decision shall become part of the permit holder's record maintained by the Division.
(7) If the permit holder fails to file a timely explanation, the notice in §E(6) of this regulation shall be mailed within 30 calendar days from the deadline by which the permit holder was required to submit the explanation.
(8) An aggrieved permit holder may appeal the revocation in accordance with Regulation .05-3 of this chapter.
(9) If the permit holder fails to file a timely appeal, the Division's decision is the final agency decision.
(10) During the revocation period, the Division may not issue a new permit to the permit holder.
(11) If no appeal is filed, within 10 calendar days of the date of the decision to revoke, the permit holder shall surrender to the Administration any permits revoked.
(12) The Division shall send a copy of a final agency decision revoking a permit to the Maryland Public Service Commission or the Office of Motor Carriers of the Federal Highway Administration.
(13) For a 1-year period following the effective date of the revocation, the Division may not issue a new permit to the permit holder.
**History**
- *Administrative History: Effective date: November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: Chapter revised effective June 9, 1976 (3:12 Md. R. 643)*
- *Administrative History: Chapter recodified from COMAR 11.03.04 to 11.03.01*
- *Administrative History: Regulation .01D-1, G-1, I-1, K-1, U-1, U-2 adopted effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01G-1, I-1, I-2 and J amended, and .01L-1 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .01J-1, K-2, K-3 adopted effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulations .01F; .02B—E, G, H, K, M, O, Q, R, V, Y; .03C, G, J, U,.04A, B, H, L, M, O, Q, S; .05D—I; and .08C, E amended effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .03W amended effective April 3, 1989 (16:6 Md. R. 728)*
- *Administrative History: Regulation .04E amended effective April 20, 1979 (6:8 Md. R. 657)*
- *Administrative History: Regulation .04I amended effective May 21, 1984 (11:10 Md. R. 864)*
- *Administrative History: Regulation .05D amended as an emergency provision effective April 1, 1981 (8:8 Md. R. 716); adopted permanently effective June 26, 1981 (8:13 Md. R. 1140) Regulation .05D amended as an emergency provision effective April 21, 1986 (13:10 Md. R. 1153); adopted permanently effective July 15, 1986 (13:14 Md. R. 1633)*
- *Administrative History: Regulation .05D amended effective January 25, 1980 (7:2 Md. R. 116); June 21, 1982 (9:12 Md. R. 1224); April 9, 1984 (11:7 Md. R. 626); May 4, 1987 (14:9 Md. R. 1081); May 16, 1988 (15:10 Md. R. 1202); May 1, 1989 (16:6 M. R. 728); April 30, 1990 (17:8 Md. R. 976)*
- *Administrative History: Regulation .05E amended effective December 5, 1983 (10:24 Md. R. 2189); March 6, 1989 (16:4 Md. R. 497)*
- *Administrative History: Regulation .05F repealed effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulations .05I and .06 amended effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulation .08I amended effective March 10, 1986 (13:5 Md. R. 546)*
- *Administrative History: Regulation .11 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .11 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 7, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective October 11, 1993 (20:20 Md. R. 1572); April 1, 1996 (23:3 Md. R. 169); July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05 amended effective April 1, 1996 (23:3 Md. R. 169)*
- *Administrative History: Regulation .05D amended as an emergency provision effective May 21, 1991 (18:13 Md. R. 1480); amended permanently effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .05D amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .05E amended effective March 16, 1992 (19:5 Md. R. 578)*
- *Administrative History: Regulation .05E—L amended effective October 11, 1993 (20:20 Md. R. 1572)*
- *Administrative History: Regulation .05F amended effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05H repealed effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulations .05-1—.05-3 adopted effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .08A amended effective November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .11 amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .12 adopted effective December 30, 1993 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .12 amended effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 30, 2000 (27:21 Md. R. 1976)*
- *Administrative History: Regulation .01 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .01B amended effective January 2, 2006 (32:26 Md. R. 1998); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); April 5, 2010 (37:7 Md. R. 572); July 15, 2019 (46:14 Md. R. 622); April 3, 2023 (50:6 Md. R. 219); October 13, 2025 (52:20 Md. R.1002)*
- *Administrative History: Regulation .01-1B amended effective December 24, 2001 (28:25 Md. R. 2192); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); December 24, 2012 (39:25 Md. R. 1614); December 22, 2014 (41:25 Md. R. 1485); April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .01-1B amended effective August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .01-1C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02I, Y amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04E amended effective October 22, 2007 (34:21 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended effective April 3, 2023 (50:6 Md. R. 219)*
- *Administrative History: Regulation .04T adopted effective October 13, 2025 (52:50 Md. R. 1002)*
- *Administrative History: Regulation .05 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .05D amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .05G amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05J amended effective January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .05-1A amended effective September 1, 2001 (28:16 Md. R. 1483); January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .06C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06F amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .08A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09D amended effective July 15, 2019 (46:14 Md. R. 622); December 12, 2024 (Md. R. 51:24 1081)*
- *Administrative History: Regulation .12 amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .12B amended effective December 22, 2014 (41:25 Md. R. 1485); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .12B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .13 adopted effective December 16, 2019 (46:25 Md. R. 1131)*
- *Administrative History: Regulation .13 amended effective October 13, 2025 (52:20 Md. R. 1002)*
- *Authority: Transportation Article, Annotated Code of Maryland*
##### **COMAR 11.03.01.05-3** Commercial Vehicles and Courtesy Vehicles — Appeals. {#sec-11.03.01.05-3 omnilex-key=us-md-regs-official--title-11--11.03.01.05-3}
A. Appeal to OAH.
(1) Not later than 10 calendar days from the Division's decision, an applicant whose application has been denied or a permit holder whose permit has been suspended or revoked may appeal the decision by sending a written request for a hearing by certified mail, return receipt requested, addressed to the Executive Director.
(2) Not later than 7 business days from the date of receipt of a timely request for a hearing, the Executive Director shall forward the request to OAH.
(3) OAH shall hold a hearing not later than 20 calendar days from the date OAH receives the hearing request.
(4) If the applicant or permit holder fails to appear at the hearing, OAH shall uphold the denial, suspension, or revocation.
(5) The hearing is conducted according to the procedures and regulations set forth in COMAR 28.02.01, except as modified by this regulation.
(6) Not later than 30 calendar days after the close of the hearing record, OAH shall issue a proposed decision that includes proposed findings of fact and conclusions of law and a proposed order.
(7) OAH shall send a copy of the proposed decision to the Executive Director and the parties.
B. Appeal to the Executive Director.
(1) Filing of Exceptions.
(a) Not later than 10 business days from the date of OAH's proposed decision, a party aggrieved by the proposed decision may appeal by filing written exceptions with the Executive Director.
(b) The exceptions shall specify the reasons why the proposed decision should be overturned.
(c) A party filing exceptions may request an oral argument and shall submit the request with the exceptions.
(d) A party filing exceptions shall mail a copy of its exceptions to the opposing party by first-class mail.
(e) If exceptions are not filed within the specified time period, the OAH proposed decision is the final agency decision, unless modified by the Executive Director, in which case the modified decision is the final agency decision.
(2) Response to Exceptions.
(a) Not later than 10 business days after the exceptions are filed, the opposing party may file a response with the Executive Director.
(b) A party filing a response may request an oral argument and shall submit the request with the response.
(c) A party filing a response shall mail a copy of its response to the party filing exceptions by first-class mail.
(3) Decision of the Executive Director.
(a) The Executive Director may rule on the exceptions with or without argument.
(b) If the Executive Director denies the exceptions, the proposed decision is the final agency decision, unless modified by the Executive Director, in which case the modified decision is the final agency decision.
(c) If the Executive Director grants the exceptions, the Executive Director shall modify the proposed decision accordingly and the modified decision is the final agency decision.
(d) The Executive Director shall issue the final decision in accordance with State Government Article, §§10-220 and 10-221, Annotated Code of Maryland.
C. A party aggrieved by a final agency decision may seek judicial review in accordance with State Government Article, §10-222, Annotated Code of Maryland.
D. Filing of a petition for judicial review under §C of this regulation does not operate as a stay of a suspension or revocation of a permit.
**Cross References**
11.03.01.05-1B(2)
11.03.01.05-2D(8)
11.03.01.05-2E(8)
**History**
- *Administrative History: Effective date: November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: Chapter revised effective June 9, 1976 (3:12 Md. R. 643)*
- *Administrative History: Chapter recodified from COMAR 11.03.04 to 11.03.01*
- *Administrative History: Regulation .01D-1, G-1, I-1, K-1, U-1, U-2 adopted effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01G-1, I-1, I-2 and J amended, and .01L-1 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .01J-1, K-2, K-3 adopted effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulations .01F; .02B—E, G, H, K, M, O, Q, R, V, Y; .03C, G, J, U,.04A, B, H, L, M, O, Q, S; .05D—I; and .08C, E amended effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .03W amended effective April 3, 1989 (16:6 Md. R. 728)*
- *Administrative History: Regulation .04E amended effective April 20, 1979 (6:8 Md. R. 657)*
- *Administrative History: Regulation .04I amended effective May 21, 1984 (11:10 Md. R. 864)*
- *Administrative History: Regulation .05D amended as an emergency provision effective April 1, 1981 (8:8 Md. R. 716); adopted permanently effective June 26, 1981 (8:13 Md. R. 1140) Regulation .05D amended as an emergency provision effective April 21, 1986 (13:10 Md. R. 1153); adopted permanently effective July 15, 1986 (13:14 Md. R. 1633)*
- *Administrative History: Regulation .05D amended effective January 25, 1980 (7:2 Md. R. 116); June 21, 1982 (9:12 Md. R. 1224); April 9, 1984 (11:7 Md. R. 626); May 4, 1987 (14:9 Md. R. 1081); May 16, 1988 (15:10 Md. R. 1202); May 1, 1989 (16:6 M. R. 728); April 30, 1990 (17:8 Md. R. 976)*
- *Administrative History: Regulation .05E amended effective December 5, 1983 (10:24 Md. R. 2189); March 6, 1989 (16:4 Md. R. 497)*
- *Administrative History: Regulation .05F repealed effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulations .05I and .06 amended effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulation .08I amended effective March 10, 1986 (13:5 Md. R. 546)*
- *Administrative History: Regulation .11 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .11 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 7, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective October 11, 1993 (20:20 Md. R. 1572); April 1, 1996 (23:3 Md. R. 169); July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05 amended effective April 1, 1996 (23:3 Md. R. 169)*
- *Administrative History: Regulation .05D amended as an emergency provision effective May 21, 1991 (18:13 Md. R. 1480); amended permanently effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .05D amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .05E amended effective March 16, 1992 (19:5 Md. R. 578)*
- *Administrative History: Regulation .05E—L amended effective October 11, 1993 (20:20 Md. R. 1572)*
- *Administrative History: Regulation .05F amended effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05H repealed effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulations .05-1—.05-3 adopted effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .08A amended effective November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .11 amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .12 adopted effective December 30, 1993 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .12 amended effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 30, 2000 (27:21 Md. R. 1976)*
- *Administrative History: Regulation .01 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .01B amended effective January 2, 2006 (32:26 Md. R. 1998); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); April 5, 2010 (37:7 Md. R. 572); July 15, 2019 (46:14 Md. R. 622); April 3, 2023 (50:6 Md. R. 219); October 13, 2025 (52:20 Md. R.1002)*
- *Administrative History: Regulation .01-1B amended effective December 24, 2001 (28:25 Md. R. 2192); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); December 24, 2012 (39:25 Md. R. 1614); December 22, 2014 (41:25 Md. R. 1485); April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .01-1B amended effective August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .01-1C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02I, Y amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04E amended effective October 22, 2007 (34:21 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended effective April 3, 2023 (50:6 Md. R. 219)*
- *Administrative History: Regulation .04T adopted effective October 13, 2025 (52:50 Md. R. 1002)*
- *Administrative History: Regulation .05 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .05D amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .05G amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05J amended effective January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .05-1A amended effective September 1, 2001 (28:16 Md. R. 1483); January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .06C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06F amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .08A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09D amended effective July 15, 2019 (46:14 Md. R. 622); December 12, 2024 (Md. R. 51:24 1081)*
- *Administrative History: Regulation .12 amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .12B amended effective December 22, 2014 (41:25 Md. R. 1485); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .12B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .13 adopted effective December 16, 2019 (46:25 Md. R. 1131)*
- *Administrative History: Regulation .13 amended effective October 13, 2025 (52:20 Md. R. 1002)*
- *Authority: Transportation Article, Annotated Code of Maryland*
##### **COMAR 11.03.01.06** Commercial Activity. {#sec-11.03.01.06 omnilex-key=us-md-regs-official--title-11--11.03.01.06}
A. Commercial activity is permitted at the Airport only when expressly authorized in writing by and in a manner prescribed by the Administration. Commercial activity includes, but is not limited to:
(1) The sale or merchandising of any goods or services;
(2) The advertising or promotion of any goods or services;
(3) All commercial photography and recording, unless specifically exempted by the Administration.
B. Maintenance and Repair of Leased Premises.
(1) The Administration is responsible for the maintenance, repair, and custodial services as specified in each of the tenant lease agreements.
(2) Tenant Responsibility.
(a) Tenants shall be responsible for repairs to leased premises which are damaged due to improper operation, misuse, or negligence of a tenant, or agent or agents of the tenant operating under control of the tenant. Repair of the premises shall be made at the tenant's own expense.
(b) The Administration shall be notified in writing whenever a tenant engages a contractor for the purpose of repairs and reserves the right to disapprove a contractor if there is reason to believe the contractor's performance will be unsatisfactory.
(c) Repair work shall be inspected and approved by the Administration before the release of a tenant from responsibility for the damage and repairs, whether the work was performed by the tenant or by a contractor hired by the tenant.
(3) The Administration shall only provide custodial services which are specifically provided for in the contract/lease agreement between the Administration and the tenant.
C. Building Permits.
(1) Construction or modifications to existing facilities in or on State-owned property under the jurisdiction of the Administration may not be undertaken without prior issuance of a building permit.
(2) The application shall be approved and the permit issued before the initiation of any construction or modification activities.
(3) The application for a building permit shall be accompanied by a complete set of plans and specifications for the work that is planned to ensure that the project is in compliance with applicable building codes, fire regulations, and other standards.
(4) Any construction work, installation, modification, or other work which does not comply with the approved application is subject to removal by the Administration at the applicant's expense.
(5) The building permit shall be displayed on the construction site at all times.
(6) All building, construction, and modifications to existing or new structures shall comply with the International Building Code, International Existing Building Code, NFPA 1 Uniform Fire Code, NFPA 101 Life Safety Code, and all other pertinent codes adopted by the State and the Maryland Aviation Administration.
D. Minimum Standards for Commercial Aeronautical Activities.
(1) This section is applicable to any commercial activity which involves or is required for the operation of aircraft or which contributes to the safety of aeronautical operations.
(2) The activities in §D(1) of this regulation include:
(a) Charter operations;
(b) Pilot training;
(c) Aircraft rental and sightseeing;
(d) Aerial photography;
(e) Crop dusting;
(f) Aerial advertising and surveying;
(g) Air taxi operations;
(h) Aircraft sales and services;
(i) Sale of aviation petroleum products;
(j) Repair and maintenance of aircraft parts; and
(k) Air freight ground handling services.
(3) The Administration shall establish minimum acceptable qualifications to ensure that the level and quality of service, as well as other conditions, shall be adhered to by those conducting commercial activities at the Airport.
(4) The Administration may extend the opportunity to engage in commercial aeronautical activities at the Airport to applicants who meet the Administration's published standards for those activities, providing there is available suitable space at the Airport for the conduct of these activities, and have an Administration approved application for lease.
(5) An applicant wishing to engage in commercial aeronautical activities at the Airport shall submit a letter of application to the Administration. The letter shall include the type of activity that the applicant wishes to engage in, what facilities, or space, or both, are requested to accomplish the activity, and an outline of the operation of the intended activity at the Airport.
(6) The applicant shall furnish the following documents when submitting a letter of application:
(a) Evidence of organizational and financial capability to provide the proposed activity;
(b) Business and financial references; and
(c) A copy of the applicant's annual financial report, and that of the parent company if a wholly owned subsidiary, for the last complete fiscal year showing the applicant's assets and liabilities and the value of its unencumbered capital assets.
(7) The annual report in §D(6)(c) of this regulation shall be certified by a certified public accountant. If unable to provide the annual report, the applicant shall provide bank references and other records necessary to substantiate the applicant's financial status.
E. Performance Requirements for the Ground Handling of Passenger-Carrying Air Carriers and Commercial Operations.
(1) This section applies to all fixed based operators, ground handling operators, and air carriers performing ground handling services at the Airport.
(2) Commercial air carriers operating at the Airport that are not expressly granted ground handling rights in their agreements with the Administration shall be handled by an authorized fixed base operator, ground handling operator, or tenant air carrier (after this referred to as “operators”).
(3) Operators shall obtain approval from the Administration for each nontenant operation including assignment of aircraft parking space, holdroom use, and other terminal facilities. Requests for approval shall be submitted at least 10 days before the scheduled flight date or at the earliest practicable time.
(4) Costs and financial charges to nontenant air carriers/commercial operators shall be reasonable as measured by comparing the cost of providing these services to charges levied for similar services at other airports.
(5) Airport fees including landing, ticket counter, and holdroom fees collected by operators shall be forwarded to the Administration.
(6) On the basis of the Administration's evaluation of the activity, operators who fail to meet the prescribed performance requirements may be denied authorization to continue to conduct ground handling for passenger-carrying flights.
(7) In agreements between operators and air carriers and commercial operators of large aircraft, operators shall stipulate the requirement that Administration performance standards be met, along with applicable State or federal regulations.
F. Standard Rates and Fees at Baltimore/Washington International Thurgood Marshall Airport. The Administration has established standard rates and fees for rental of space at the Airport. These rates and fees are available upon request.
G. Festivals, Exhibits, and Trade Shows. A public or special event held at the Airport requires a Special Use permit authorized by the Administration and issued by the fire marshal in accordance with COMAR 29.06.01.
**Cross References**
11.03.01.01B(17)
**History**
- *Administrative History: Effective date: November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: Chapter revised effective June 9, 1976 (3:12 Md. R. 643)*
- *Administrative History: Chapter recodified from COMAR 11.03.04 to 11.03.01*
- *Administrative History: Regulation .01D-1, G-1, I-1, K-1, U-1, U-2 adopted effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01G-1, I-1, I-2 and J amended, and .01L-1 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .01J-1, K-2, K-3 adopted effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulations .01F; .02B—E, G, H, K, M, O, Q, R, V, Y; .03C, G, J, U,.04A, B, H, L, M, O, Q, S; .05D—I; and .08C, E amended effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .03W amended effective April 3, 1989 (16:6 Md. R. 728)*
- *Administrative History: Regulation .04E amended effective April 20, 1979 (6:8 Md. R. 657)*
- *Administrative History: Regulation .04I amended effective May 21, 1984 (11:10 Md. R. 864)*
- *Administrative History: Regulation .05D amended as an emergency provision effective April 1, 1981 (8:8 Md. R. 716); adopted permanently effective June 26, 1981 (8:13 Md. R. 1140) Regulation .05D amended as an emergency provision effective April 21, 1986 (13:10 Md. R. 1153); adopted permanently effective July 15, 1986 (13:14 Md. R. 1633)*
- *Administrative History: Regulation .05D amended effective January 25, 1980 (7:2 Md. R. 116); June 21, 1982 (9:12 Md. R. 1224); April 9, 1984 (11:7 Md. R. 626); May 4, 1987 (14:9 Md. R. 1081); May 16, 1988 (15:10 Md. R. 1202); May 1, 1989 (16:6 M. R. 728); April 30, 1990 (17:8 Md. R. 976)*
- *Administrative History: Regulation .05E amended effective December 5, 1983 (10:24 Md. R. 2189); March 6, 1989 (16:4 Md. R. 497)*
- *Administrative History: Regulation .05F repealed effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulations .05I and .06 amended effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulation .08I amended effective March 10, 1986 (13:5 Md. R. 546)*
- *Administrative History: Regulation .11 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .11 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 7, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective October 11, 1993 (20:20 Md. R. 1572); April 1, 1996 (23:3 Md. R. 169); July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05 amended effective April 1, 1996 (23:3 Md. R. 169)*
- *Administrative History: Regulation .05D amended as an emergency provision effective May 21, 1991 (18:13 Md. R. 1480); amended permanently effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .05D amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .05E amended effective March 16, 1992 (19:5 Md. R. 578)*
- *Administrative History: Regulation .05E—L amended effective October 11, 1993 (20:20 Md. R. 1572)*
- *Administrative History: Regulation .05F amended effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05H repealed effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulations .05-1—.05-3 adopted effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .08A amended effective November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .11 amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .12 adopted effective December 30, 1993 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .12 amended effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 30, 2000 (27:21 Md. R. 1976)*
- *Administrative History: Regulation .01 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .01B amended effective January 2, 2006 (32:26 Md. R. 1998); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); April 5, 2010 (37:7 Md. R. 572); July 15, 2019 (46:14 Md. R. 622); April 3, 2023 (50:6 Md. R. 219); October 13, 2025 (52:20 Md. R.1002)*
- *Administrative History: Regulation .01-1B amended effective December 24, 2001 (28:25 Md. R. 2192); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); December 24, 2012 (39:25 Md. R. 1614); December 22, 2014 (41:25 Md. R. 1485); April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .01-1B amended effective August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .01-1C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02I, Y amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04E amended effective October 22, 2007 (34:21 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended effective April 3, 2023 (50:6 Md. R. 219)*
- *Administrative History: Regulation .04T adopted effective October 13, 2025 (52:50 Md. R. 1002)*
- *Administrative History: Regulation .05 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .05D amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .05G amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05J amended effective January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .05-1A amended effective September 1, 2001 (28:16 Md. R. 1483); January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .06C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06F amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .08A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09D amended effective July 15, 2019 (46:14 Md. R. 622); December 12, 2024 (Md. R. 51:24 1081)*
- *Administrative History: Regulation .12 amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .12B amended effective December 22, 2014 (41:25 Md. R. 1485); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .12B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .13 adopted effective December 16, 2019 (46:25 Md. R. 1131)*
- *Administrative History: Regulation .13 amended effective October 13, 2025 (52:20 Md. R. 1002)*
- *Authority: Transportation Article, Annotated Code of Maryland*
##### **COMAR 11.03.01.07** Environmental Protection and Public Health. {#sec-11.03.01.07 omnilex-key=us-md-regs-official--title-11--11.03.01.07}
A. Water Pollution. A person may not introduce or permit to be introduced into any water system or any surface or underground water at the Airport any organic or inorganic matter or deleterious substance which is injurious to human, plant, animal, fish, or other life or property. The types of permissible quantities of discharge shall be governed by the then applicable water discharge standards as promulgated by the United States Environmental Protection Agency under the Federal Water Pollution Control Act of 1972, or under any amendment or successor legislation to it, or as established by State statute or by COMAR 26.08.03, whichever is the most stringent.
B. Air Pollution.
(1) A person may not introduce or permit to be introduced into the atmosphere at the Airport any air contaminants or combinations of them by burning or otherwise which are injurious to human, plant, or animal life or property, or which in any way interferes with the operation of aircraft on the ground or in the air. The types and permissible quantities of discharge into the air shall be governed by the atmospheric discharge standards applicable at the time, as promulgated by the United States Environmental Protection Agency under the Federal Clean Air Act of 1970, or under any amendment or successor legislation to it, or as established by State statute or by COMAR 26.11.06, whichever is the most stringent.
(2) A person may not operate a motor vehicle, and the owner of a motor vehicle may not permit it to be operated, upon the air operations area unless the engine power and exhaust mechanism is equipped, adjusted, and operated in accordance with COMAR 11.14.02.
C. Sanitary Sewerage, Storm Drainage, and Industrial Waste System. The control of pollutants entering the sanitary sewerage, storm drainage, and industrial waste systems is governed by COMAR 26.04.01—26.04.03.
D. Washing Vehicles and Equipment.
(1) The Administration maintains an airfield vehicle and equipment wash facility at the Airport.
(2) The vehicle and equipment wash facility drain is connected to a fuel and oil separator to eliminate contaminants from storm water drains. It is the only location on the Airport which is approved for washing vehicles and equipment.
(3) Anyone using the Airport vehicle and equipment wash area shall ensure that all waste is disposed of in the trash container provided. Materials may not be left on the ramp area; mud, dirt, and other refuse washed from a vehicle or equipment shall be thoroughly flushed down the open drain; and the area shall be kept neat and presentable.
(4) Discharge of oil, garbage, trash, and industrial waste into the drain system at the Airport vehicle and equipment wash area is prohibited.
E. Health Laws. All food and beverage services and related activities shall be carried out in full compliance with federal laws and regulations and in compliance with Health-General Article, Title 21, Subtitles 2--10, Annotated Code of Maryland.
F. Food and Beverage Service, and Related Activities.
(1) Only fully licensed food and beverage services are allowed to provide service on or for the Airport or any aircraft.
(2) Only establishments designed and constructed in accordance with State health laws and regulations are permitted to provide food and beverage services.
(3) Any food or beverage which has been subject to possible contamination shall be disposed of immediately. Disposal of any food or beverage shall be in an approved disposal system.
G. Aircraft Drinking Water.
(1) All aircraft water sources and piping systems shall meet the requirements of the Federal Public Health Service and COMAR 26.04.01.
(2) Aircraft drinking water may be used only for drinking and cooking. All other uses are prohibited.
H. Aircraft Toilet Waste.
(1) Sewage accumulated in aircraft waste retention tanks shall be emptied using a flexible hose. All hose connections and the container into which sewage is emptied shall be water-tight.
(2) In the event of a sewage spill, all contaminated equipment and areas shall be decontaminated in compliance with COMAR 26.04.01. Defective equipment may not be reused until repaired. Decontamination and repair are the responsibilities of the aircraft or equipment owner or operator.
(3) All waste receptacles shall be closed or covered when transported to the sanitary disposal building.
(4) Toilet waste shall be disposed of at the sanitary disposal building.
(5) Flushing, cleaning all waste tanks and receptacles, and filling rinse compartments shall be performed at the Airport sanitary disposal building.
(6) Water hydrants may not be used to service toilet waste trucks or carts.
(7) Toilet waste tank trucks may not enter any building other than the sanitary disposal building. Buildings leased by the truck's owner are excepted from this prohibition.
(8) All toilet waste tank trucks shall be approved by the Administration.
I. Aircraft and Airport Solid Waste.
(1) All solid waste containers shall be approved by the Administration.
(2) All solid waste containers shall be emptied at least once daily at the sanitary disposal building.
(3) Open solid waste containers are specifically prohibited.
(4) Airport tenants or users may not permit trash or rubbish to be placed within the air operations area except in authorized trash receptacles.
J. Waste Removal.
(1) Waste removal services require:
(a) A permit from the Administration; and
(b) Written approval from the Maryland Department of the Environment authorizing the use of a particular vehicle. Unauthorized vehicles are specifically prohibited.
(2) Solid waste collection areas and containers shall be approved by the Administration.
(3) Solid waste containers and areas provided by the Administration are designed for normal office waste. Extraordinary waste such as vehicle parts, construction debris, and used lubricants shall be removed by private contractors and in accordance with §J(1) and (2) of this regulation and federal and State laws and regulations.
K. Quarantine. Federal and State laws and regulations prevail in all cases of human and animal quarantine action.
L. Occupational Safety Noise Levels. The Administration shall adhere to all noise-related safety requirements as promulgated in COMAR 26.02.03.
**History**
- *Administrative History: Effective date: November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: Chapter revised effective June 9, 1976 (3:12 Md. R. 643)*
- *Administrative History: Chapter recodified from COMAR 11.03.04 to 11.03.01*
- *Administrative History: Regulation .01D-1, G-1, I-1, K-1, U-1, U-2 adopted effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01G-1, I-1, I-2 and J amended, and .01L-1 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .01J-1, K-2, K-3 adopted effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulations .01F; .02B—E, G, H, K, M, O, Q, R, V, Y; .03C, G, J, U,.04A, B, H, L, M, O, Q, S; .05D—I; and .08C, E amended effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .03W amended effective April 3, 1989 (16:6 Md. R. 728)*
- *Administrative History: Regulation .04E amended effective April 20, 1979 (6:8 Md. R. 657)*
- *Administrative History: Regulation .04I amended effective May 21, 1984 (11:10 Md. R. 864)*
- *Administrative History: Regulation .05D amended as an emergency provision effective April 1, 1981 (8:8 Md. R. 716); adopted permanently effective June 26, 1981 (8:13 Md. R. 1140) Regulation .05D amended as an emergency provision effective April 21, 1986 (13:10 Md. R. 1153); adopted permanently effective July 15, 1986 (13:14 Md. R. 1633)*
- *Administrative History: Regulation .05D amended effective January 25, 1980 (7:2 Md. R. 116); June 21, 1982 (9:12 Md. R. 1224); April 9, 1984 (11:7 Md. R. 626); May 4, 1987 (14:9 Md. R. 1081); May 16, 1988 (15:10 Md. R. 1202); May 1, 1989 (16:6 M. R. 728); April 30, 1990 (17:8 Md. R. 976)*
- *Administrative History: Regulation .05E amended effective December 5, 1983 (10:24 Md. R. 2189); March 6, 1989 (16:4 Md. R. 497)*
- *Administrative History: Regulation .05F repealed effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulations .05I and .06 amended effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulation .08I amended effective March 10, 1986 (13:5 Md. R. 546)*
- *Administrative History: Regulation .11 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .11 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 7, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective October 11, 1993 (20:20 Md. R. 1572); April 1, 1996 (23:3 Md. R. 169); July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05 amended effective April 1, 1996 (23:3 Md. R. 169)*
- *Administrative History: Regulation .05D amended as an emergency provision effective May 21, 1991 (18:13 Md. R. 1480); amended permanently effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .05D amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .05E amended effective March 16, 1992 (19:5 Md. R. 578)*
- *Administrative History: Regulation .05E—L amended effective October 11, 1993 (20:20 Md. R. 1572)*
- *Administrative History: Regulation .05F amended effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05H repealed effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulations .05-1—.05-3 adopted effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .08A amended effective November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .11 amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .12 adopted effective December 30, 1993 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .12 amended effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 30, 2000 (27:21 Md. R. 1976)*
- *Administrative History: Regulation .01 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .01B amended effective January 2, 2006 (32:26 Md. R. 1998); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); April 5, 2010 (37:7 Md. R. 572); July 15, 2019 (46:14 Md. R. 622); April 3, 2023 (50:6 Md. R. 219); October 13, 2025 (52:20 Md. R.1002)*
- *Administrative History: Regulation .01-1B amended effective December 24, 2001 (28:25 Md. R. 2192); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); December 24, 2012 (39:25 Md. R. 1614); December 22, 2014 (41:25 Md. R. 1485); April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .01-1B amended effective August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .01-1C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02I, Y amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04E amended effective October 22, 2007 (34:21 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended effective April 3, 2023 (50:6 Md. R. 219)*
- *Administrative History: Regulation .04T adopted effective October 13, 2025 (52:50 Md. R. 1002)*
- *Administrative History: Regulation .05 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .05D amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .05G amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05J amended effective January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .05-1A amended effective September 1, 2001 (28:16 Md. R. 1483); January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .06C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06F amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .08A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09D amended effective July 15, 2019 (46:14 Md. R. 622); December 12, 2024 (Md. R. 51:24 1081)*
- *Administrative History: Regulation .12 amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .12B amended effective December 22, 2014 (41:25 Md. R. 1485); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .12B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .13 adopted effective December 16, 2019 (46:25 Md. R. 1131)*
- *Administrative History: Regulation .13 amended effective October 13, 2025 (52:20 Md. R. 1002)*
- *Authority: Transportation Article, Annotated Code of Maryland*
##### **COMAR 11.03.01.08** Personal Conduct. {#sec-11.03.01.08 omnilex-key=us-md-regs-official--title-11--11.03.01.08}
A. Use and Enjoyment of Airport.
(1) Conduct which interferes with the lawful use and enjoyment of the Airport and its facilities, or with passage from place to place, or through entrances, exits, or passageways is prohibited.
(2) Walking, driving a motor vehicle, or riding a bicycle on the public areas of the Airport other than on roads, walks, or rights-of-way provided are prohibited.
(3) Smoking or carrying any lighted tobacco products in any building owned or leased by the Administration is prohibited. Smoking shall be permitted only in outdoor areas specifically designated by the Administration.
(4) An area in which smoking or carrying lighted tobacco products is permitted shall be prominently marked.
B. Proselytizing.
(1) “Proselytize” means to induce or recruit someone to convert to one's faith or to join one's party, institution, or cause.
(2) Proselytizing activities at the Airport may be conducted only in those areas, during those times, and in a manner specified by the Airport Director.
(3) Requests for Authorization to Conduct Proselytizing Activities.
(a) Requests shall be made in writing to the Airport Director.
(b) A request shall provide the name, address, and telephone number of the organization, the nature and purpose of the activity, and the name and address of each representative of the organization who will be proselytizing in the terminal.
(c) Copies of all literature to be distributed shall be included in the request.
(d) The request shall indicate whether the organization is a benevolent, religious, or political organization.
(4) An individual or organization authorized to conduct proselytizing activities in the terminal shall contact the Administration the day before each planned and authorized activity for assignment of an area in which proselytizing is authorized.
(5) An individual or organization may not proselytize in the Airport for more than 14 days in any 30-day period. A new written request shall be submitted to the Airport Director before each 14-day period or portion of it during which an individual or organization desires to engage in proselytizing activities.
(6) Notwithstanding the provisions of §B(5) of this regulation an individual or organization may obtain a permit for an additional consecutive period if, as of the next to last day of the individual's or organization's permit period, no other individual or organization has obtained a permit for that period. An individual or organization wishing to succeed itself shall forward a letter of request to reach the Airport Director not later than 4:30 p.m. on the 12th day of an active permit.
(7) An individual or organization involved in proselytizing activities at the Airport for more than 15 days in a period of 45 days shall submit to identification procedures by the Airport Police.
(8) The Administration is responsible for the scheduling and monitoring of proselytizing activities and shall enforce all rules in compliance with these regulations.
(9) An Airport patron, employee, or other individual not involved in proselytizing activity may not be approached:
(a) Within 10 feet of any security screening point, terminal entrance vestibule, or other interior or exterior entrance, elevator, escalator, or stairway;
(b) Out of an unbroken line from and parallel to all ticket counters; or
(c) While in any airline ticket line or concession counter line.
(10) A proselytizing representative may not engage in dancing, or chanting, or use any musical or other noise-producing instrument, or speak in loud or boisterous language or tone, or engage in any other activity which could be disruptive to normal terminal activity.
(11) An individual or organization conducting proselytizing activities may not contend, imply, or lead Airport patrons to believe that the individual's or organization's views represent or are endorsed by the Administration, its tenants, or the State.
(12) An individual conducting proselytizing activities may not physically touch or contact Airport patrons, employees, or other persons, or attach objects to their clothing or baggage without their consent.
(13) Products or goods may not be sold or exchanged in the terminal unless a written contract with the Administration authorizing this commercial activity has been executed. However, proselytizing representatives may offer for sale books, pamphlets, newspapers, and other literature related to or concerning their organization or group, without a written contract, if the organization or group has otherwise received approval from the Airport Director to conduct proselytizing activity.
(14) If an infraction of these regulations is observed by a representative of the Administration, the Airport Director may immediately ask the proselytizing representative to leave. Expulsion may not exceed 24 hours from any one incident. Upon receipt of a sworn, written complaint from any Airport patron, employee, or other individual of an infraction of these regulations, the organization shall be warned and advised that any repetition of a violation of any of these regulations may result in expulsion from the terminal. Similar procedures, including initiation of criminal proceedings by the Airport Police, shall be used for subsequent infractions.
(15) The proselytizing organization has a right to a hearing to be conducted by the Airport Director.
C. Preservation of Property.
(1) Destroying, injuring, defacing, disturbing, removing, or tampering with any man-made or natural Airport property is prohibited.
(2) Any person who causes damage to Airport property is liable for damage payments.
D. Coin-operated Devices. Attempts to use a coin-operated machine without first depositing the coins required by the instructions on the machine are prohibited.
E. Handbills. Handbills may be posted or distributed only with the prior authorization of the Administration.
F. Picketing and Demonstrations.
(1) Picketing and demonstrations anywhere on the Airport shall be authorized by the Administration in advance.
(2) Persons picketing or demonstrating may do so only in areas specified by the Airport Director.
(3) Persons picketing or demonstrating shall conduct themselves in a peaceful and orderly manner.
(4) Persons picketing or demonstrating may not obstruct the use of the Airport by others, or interfere with the operation of the Airport.
(5) Persons under the influence of alcohol or drugs may not picket or demonstrate.
(6) Signs shall be approved in advance of a specified picket date by the Airport Director. Only hand-carried signs are permitted.
G. Disorderly Conduct. Use of the terminal building or any other public area of the Airport for sleeping or other purpose in lieu of a hotel, motel, or other public accommodation is prohibited.
H. Use of Intoxicating Liquors. Consumption of intoxicating liquors is prohibited except in places designated for on-premises liquor consumption.
I. Airfield Airspace Restrictions.
(1) Model aircraft, rockets, kites, balloons, parachutes (other than in an emergency), or similar contrivances are prohibited. Weather devices authorized by the Administration are excepted from this prohibition.
(2) Interference with the safe operation of any aircraft landing at, taking off from, or operating on the Airport is prohibited.
J. Animals.
(1) Domestic pets are not permitted in the terminal building unless destined for air transport and restrained in a container at all times. Exceptions to this section are:
(a) Guide dogs for the blind;
(b) Lead dogs for the hearing impaired; and
(c) Dogs used for governmental security purposes.
(2) Wild animals shall be properly confined for air travel at all times while at the Airport.
(3) Hunting and trapping are prohibited.
(4) Horseback riding is prohibited.
(5) Pets shall be curbed.
(6) Feeding or otherwise encouraging the congregation of birds or other animals on or in the vicinity of the Airport is prohibited.
K. Lost Articles. Articles found in public areas at the Airport may be turned in to the Airport Lost and Found Office. Articles unclaimed by their proper owner shall be disposed of by the Administration. Nothing in this section shall be construed to deny the right of air carriers to maintain “lost and found” services for property of their passengers.
L. Forgery and Counterfeit. A person may not make, possess, use, offer for sale, sell, barter, exchange, pass, or deliver any forged, counterfeit, or falsely altered pass, permit, identification card, certificate, placard, sign, or other authorization purporting to be issued by or on behalf of the Administration.
M. Moving Stairways and Elevators.
(1) Entering upon a moving stairway at the Airport while using or controlling a wheeled vehicle or device for transporting baggage, packages, or persons is prohibited.
(2) Depressing the red emergency button of a self-service elevator or moving stairway under any circumstances other than during an actual emergency is prohibited.
**History**
- *Administrative History: Effective date: November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: Chapter revised effective June 9, 1976 (3:12 Md. R. 643)*
- *Administrative History: Chapter recodified from COMAR 11.03.04 to 11.03.01*
- *Administrative History: Regulation .01D-1, G-1, I-1, K-1, U-1, U-2 adopted effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01G-1, I-1, I-2 and J amended, and .01L-1 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .01J-1, K-2, K-3 adopted effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulations .01F; .02B—E, G, H, K, M, O, Q, R, V, Y; .03C, G, J, U,.04A, B, H, L, M, O, Q, S; .05D—I; and .08C, E amended effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .03W amended effective April 3, 1989 (16:6 Md. R. 728)*
- *Administrative History: Regulation .04E amended effective April 20, 1979 (6:8 Md. R. 657)*
- *Administrative History: Regulation .04I amended effective May 21, 1984 (11:10 Md. R. 864)*
- *Administrative History: Regulation .05D amended as an emergency provision effective April 1, 1981 (8:8 Md. R. 716); adopted permanently effective June 26, 1981 (8:13 Md. R. 1140) Regulation .05D amended as an emergency provision effective April 21, 1986 (13:10 Md. R. 1153); adopted permanently effective July 15, 1986 (13:14 Md. R. 1633)*
- *Administrative History: Regulation .05D amended effective January 25, 1980 (7:2 Md. R. 116); June 21, 1982 (9:12 Md. R. 1224); April 9, 1984 (11:7 Md. R. 626); May 4, 1987 (14:9 Md. R. 1081); May 16, 1988 (15:10 Md. R. 1202); May 1, 1989 (16:6 M. R. 728); April 30, 1990 (17:8 Md. R. 976)*
- *Administrative History: Regulation .05E amended effective December 5, 1983 (10:24 Md. R. 2189); March 6, 1989 (16:4 Md. R. 497)*
- *Administrative History: Regulation .05F repealed effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulations .05I and .06 amended effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulation .08I amended effective March 10, 1986 (13:5 Md. R. 546)*
- *Administrative History: Regulation .11 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .11 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 7, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective October 11, 1993 (20:20 Md. R. 1572); April 1, 1996 (23:3 Md. R. 169); July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05 amended effective April 1, 1996 (23:3 Md. R. 169)*
- *Administrative History: Regulation .05D amended as an emergency provision effective May 21, 1991 (18:13 Md. R. 1480); amended permanently effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .05D amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .05E amended effective March 16, 1992 (19:5 Md. R. 578)*
- *Administrative History: Regulation .05E—L amended effective October 11, 1993 (20:20 Md. R. 1572)*
- *Administrative History: Regulation .05F amended effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05H repealed effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulations .05-1—.05-3 adopted effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .08A amended effective November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .11 amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .12 adopted effective December 30, 1993 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .12 amended effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 30, 2000 (27:21 Md. R. 1976)*
- *Administrative History: Regulation .01 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .01B amended effective January 2, 2006 (32:26 Md. R. 1998); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); April 5, 2010 (37:7 Md. R. 572); July 15, 2019 (46:14 Md. R. 622); April 3, 2023 (50:6 Md. R. 219); October 13, 2025 (52:20 Md. R.1002)*
- *Administrative History: Regulation .01-1B amended effective December 24, 2001 (28:25 Md. R. 2192); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); December 24, 2012 (39:25 Md. R. 1614); December 22, 2014 (41:25 Md. R. 1485); April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .01-1B amended effective August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .01-1C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02I, Y amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04E amended effective October 22, 2007 (34:21 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended effective April 3, 2023 (50:6 Md. R. 219)*
- *Administrative History: Regulation .04T adopted effective October 13, 2025 (52:50 Md. R. 1002)*
- *Administrative History: Regulation .05 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .05D amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .05G amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05J amended effective January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .05-1A amended effective September 1, 2001 (28:16 Md. R. 1483); January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .06C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06F amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .08A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09D amended effective July 15, 2019 (46:14 Md. R. 622); December 12, 2024 (Md. R. 51:24 1081)*
- *Administrative History: Regulation .12 amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .12B amended effective December 22, 2014 (41:25 Md. R. 1485); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .12B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .13 adopted effective December 16, 2019 (46:25 Md. R. 1131)*
- *Administrative History: Regulation .13 amended effective October 13, 2025 (52:20 Md. R. 1002)*
- *Authority: Transportation Article, Annotated Code of Maryland*
##### **COMAR 11.03.01.09** Airport Security. {#sec-11.03.01.09 omnilex-key=us-md-regs-official--title-11--11.03.01.09}
A. Restricted Areas. An individual entering any restricted area on the Airport requires the authorization of the Administration.
B. Security Regulations.
(1) Tampering or interfering with the lock or security access electronics of any door, window, gate, or other opening leading to the air operations area or any other restricted area at the Airport, or breaching any other security device is prohibited except under emergency conditions.
(2) Interference with security procedures or violation of security regulations or directives is prohibited.
(3) It is unlawful for an individual to knowingly and willingly enter an aircraft or an Airport restricted area including the air operations area, contrary to security requirements established by the federal government or the State.
C. Weapons.
(1) Weapons, except those properly packaged for shipment, are prohibited.
(2) Exceptions to §C(1) of this regulation are:
(a) Law enforcement officers of the federal government, of the State of Maryland, its political subdivisions, and of the Maryland Aviation Administration and any other State agency, if weapons are required in performance of their duties;
(b) Enplaning and deplaning passengers authorized by 49 CFR §1544.219 to carry weapons aboard aircraft; and
(c) Uniformed employees of licensed armored transport services under contract to any tenant of the Airport carrying handguns when actually transporting monies or valuables.
(3) Discharge of any weapon on the Airport except in the performance of official duties or in the lawful defense of life or property is prohibited.
(4) Furnishing, giving, selling, or trading any weapon or simulated weapon on the Airport is prohibited. Toys sold by Airport concessionaires and approved by the Administration are excepted from this regulation.
D. Identification Badge.
(1) An individual entering the air operations area at the Airport shall display an identification badge or be properly escorted by an individual displaying an identification badge issued by the Administration.
(2) The identification badge shall be worn conspicuously on the outermost garments.
(3) The type of plastic laminate on the identification badge shall be such that, if tampered with, any photograph and identification badge would be mutilated.
(4) An individual shall give prompt notice to the Airport Security Office if their identification badge is lost or stolen. The Administration may charge the individual a fee to replace an identification badge. The fees are:
(a) First replacement — $25;
(b) Each successive replacement — $50.
(5) An employer shall immediately collect and forward to the Airport Security Office the identification badge of an employee that is no longer employed by the employer. The Administration may charge a $100 fee to an employer for the failure to return an identification badge to the Administration.
(6) Identification badges are not transferable.
(7) An individual entering the air operations area or a restricted area shall insert the individual’s identification badge or personal identification number, or both, in the appropriate reader.
(8) All individuals in lawful possession of, or applying for, an identification badge from the Administration shall comply with all laws applicable to Airport security, including without limitation all rules, regulations, policies, and procedures established by the Administration or the United States Department of Homeland Security, by and through the United States Transportation Security Administration, including the provisions of 49 CFR Parts 1540, 1542, and 1544, as amended.
(9) All individuals approved to be an authorized signatory shall comply with all laws applicable to Airport security, including without limitation all rules, regulations, policies, and procedures established by the Administration or the United States Department of Homeland Security, by and through the United States Transportation Security Administration, including the provisions of 49 CFR Parts 1540, 1542, and 1544, as amended.
(10) The Administration’s Director of the Airport Security Office, or the Director’s designee, shall have the authority to refuse, revoke, suspend, or confiscate any individual’s identification badge for any lawful reason, including, but not limited to, violations of federal laws, State laws, or Airport security rules, regulations, policies, or procedures.
(11) If the Administration’s Director of the Airport Security Office, or the Director’s designee, determines that an individual in lawful possession of an identification badge poses an immediate or continuing threat to the security of the Airport or the health, safety, or welfare of Airport property, tenants, personnel, passengers, or customers, the Director, or the Director’s designee, may immediately revoke, suspend, or confiscate the individual’s identification badge.
(12) If the Administration’s Director of the Airport Security Office, or the Director’s designee, refuses, revokes, suspends, or confiscates an individual’s identification badge, notice of the action shall be mailed to the last known address of the individual and served personally on the individual through the individual’s authorized signatory. The notice shall state the reason for the action, the duration of the action, and any requirements that must be met before an identification badge can be restored, and shall advise the individual of the individual’s right to request a hearing before the Administration’s Executive Director or the Executive Director’s designee.
(13) Each notice of refusal, revocation, suspension, or confiscation shall be effective upon receipt by the individual’s authorized signatory. Except in matters involving refusals or immediate revocations, suspensions, or confiscations of identification badges, upon receipt of a request for a hearing, the Administration’s Executive Director, or the Executive Director’s designee, shall stay the revocation, suspension, or confiscation pending the outcome of the hearing. In matters involving refusals or immediate revocations, suspensions, or confiscations of identification badges, the refusal, suspension, revocation, or confiscation shall remain in effect until it is amended or terminated by the Executive Director, or the Executive Director’s designee, or it expires by its terms.
(14) A request for a hearing must be filed in writing with the Administration’s Executive Director no later than 10 calendar days after notice of the action has been served on the individual’s authorized signatory. The request for a hearing must state the grounds for the appeal. The Executive Director or the Executive Director’s designee shall review the individual’s written appeal and shall set a date to conduct a hearing. The Executive Director or the Executive Director’s designee shall render a final agency decision in writing.
(15) All hearings under this regulation shall be conducted and decisions rendered in accordance with the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: Chapter revised effective June 9, 1976 (3:12 Md. R. 643)*
- *Administrative History: Chapter recodified from COMAR 11.03.04 to 11.03.01*
- *Administrative History: Regulation .01D-1, G-1, I-1, K-1, U-1, U-2 adopted effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01G-1, I-1, I-2 and J amended, and .01L-1 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .01J-1, K-2, K-3 adopted effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulations .01F; .02B—E, G, H, K, M, O, Q, R, V, Y; .03C, G, J, U,.04A, B, H, L, M, O, Q, S; .05D—I; and .08C, E amended effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .03W amended effective April 3, 1989 (16:6 Md. R. 728)*
- *Administrative History: Regulation .04E amended effective April 20, 1979 (6:8 Md. R. 657)*
- *Administrative History: Regulation .04I amended effective May 21, 1984 (11:10 Md. R. 864)*
- *Administrative History: Regulation .05D amended as an emergency provision effective April 1, 1981 (8:8 Md. R. 716); adopted permanently effective June 26, 1981 (8:13 Md. R. 1140) Regulation .05D amended as an emergency provision effective April 21, 1986 (13:10 Md. R. 1153); adopted permanently effective July 15, 1986 (13:14 Md. R. 1633)*
- *Administrative History: Regulation .05D amended effective January 25, 1980 (7:2 Md. R. 116); June 21, 1982 (9:12 Md. R. 1224); April 9, 1984 (11:7 Md. R. 626); May 4, 1987 (14:9 Md. R. 1081); May 16, 1988 (15:10 Md. R. 1202); May 1, 1989 (16:6 M. R. 728); April 30, 1990 (17:8 Md. R. 976)*
- *Administrative History: Regulation .05E amended effective December 5, 1983 (10:24 Md. R. 2189); March 6, 1989 (16:4 Md. R. 497)*
- *Administrative History: Regulation .05F repealed effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulations .05I and .06 amended effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulation .08I amended effective March 10, 1986 (13:5 Md. R. 546)*
- *Administrative History: Regulation .11 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .11 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 7, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective October 11, 1993 (20:20 Md. R. 1572); April 1, 1996 (23:3 Md. R. 169); July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05 amended effective April 1, 1996 (23:3 Md. R. 169)*
- *Administrative History: Regulation .05D amended as an emergency provision effective May 21, 1991 (18:13 Md. R. 1480); amended permanently effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .05D amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .05E amended effective March 16, 1992 (19:5 Md. R. 578)*
- *Administrative History: Regulation .05E—L amended effective October 11, 1993 (20:20 Md. R. 1572)*
- *Administrative History: Regulation .05F amended effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05H repealed effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulations .05-1—.05-3 adopted effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .08A amended effective November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .11 amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .12 adopted effective December 30, 1993 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .12 amended effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 30, 2000 (27:21 Md. R. 1976)*
- *Administrative History: Regulation .01 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .01B amended effective January 2, 2006 (32:26 Md. R. 1998); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); April 5, 2010 (37:7 Md. R. 572); July 15, 2019 (46:14 Md. R. 622); April 3, 2023 (50:6 Md. R. 219); October 13, 2025 (52:20 Md. R.1002)*
- *Administrative History: Regulation .01-1B amended effective December 24, 2001 (28:25 Md. R. 2192); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); December 24, 2012 (39:25 Md. R. 1614); December 22, 2014 (41:25 Md. R. 1485); April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .01-1B amended effective August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .01-1C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02I, Y amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04E amended effective October 22, 2007 (34:21 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended effective April 3, 2023 (50:6 Md. R. 219)*
- *Administrative History: Regulation .04T adopted effective October 13, 2025 (52:50 Md. R. 1002)*
- *Administrative History: Regulation .05 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .05D amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .05G amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05J amended effective January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .05-1A amended effective September 1, 2001 (28:16 Md. R. 1483); January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .06C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06F amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .08A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09D amended effective July 15, 2019 (46:14 Md. R. 622); December 12, 2024 (Md. R. 51:24 1081)*
- *Administrative History: Regulation .12 amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .12B amended effective December 22, 2014 (41:25 Md. R. 1485); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .12B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .13 adopted effective December 16, 2019 (46:25 Md. R. 1131)*
- *Administrative History: Regulation .13 amended effective October 13, 2025 (52:20 Md. R. 1002)*
- *Authority: Transportation Article, Annotated Code of Maryland*
##### **COMAR 11.03.01.10** General. {#sec-11.03.01.10 omnilex-key=us-md-regs-official--title-11--11.03.01.10}
A. Use of Language. Words of any gender used in these regulations include any other gender, and words in the singular shall be held to include the plural, unless the context otherwise requires.
B. Captions. The captions or headings of sections and subsections in these regulations are inserted for convenience only, and may not be considered in construing the provisions of the regulations if any questions of intent should arise.
C. Severability. If any provision of these regulations or their application to any person or circumstances is held invalid, the remainder of other regulations and the application of that provision to other persons or circumstances is not affected.
D. Penalties.
(1) Maximum penalties for violating any of these regulations relating to safety, preservation of order, or the movement of traffic at the Airport, are a fine of $100 or imprisonment for not more than 3 months, or both.
(2) Maximum penalties for violation of parking regulations are as defined in Regulation .05E of this chapter.
(3) Violators of any other of these regulations may be charged with a misdemeanor and, upon conviction in the District Court of Anne Arundel County or other court of competent jurisdiction, shall be subject to a maximum fine of $500, or imprisonment for not more than 90 days, or both.
**Cross References**
11.03.01.11D
**History**
- *Administrative History: Effective date: November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: Chapter revised effective June 9, 1976 (3:12 Md. R. 643)*
- *Administrative History: Chapter recodified from COMAR 11.03.04 to 11.03.01*
- *Administrative History: Regulation .01D-1, G-1, I-1, K-1, U-1, U-2 adopted effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01G-1, I-1, I-2 and J amended, and .01L-1 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .01J-1, K-2, K-3 adopted effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulations .01F; .02B—E, G, H, K, M, O, Q, R, V, Y; .03C, G, J, U,.04A, B, H, L, M, O, Q, S; .05D—I; and .08C, E amended effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .03W amended effective April 3, 1989 (16:6 Md. R. 728)*
- *Administrative History: Regulation .04E amended effective April 20, 1979 (6:8 Md. R. 657)*
- *Administrative History: Regulation .04I amended effective May 21, 1984 (11:10 Md. R. 864)*
- *Administrative History: Regulation .05D amended as an emergency provision effective April 1, 1981 (8:8 Md. R. 716); adopted permanently effective June 26, 1981 (8:13 Md. R. 1140) Regulation .05D amended as an emergency provision effective April 21, 1986 (13:10 Md. R. 1153); adopted permanently effective July 15, 1986 (13:14 Md. R. 1633)*
- *Administrative History: Regulation .05D amended effective January 25, 1980 (7:2 Md. R. 116); June 21, 1982 (9:12 Md. R. 1224); April 9, 1984 (11:7 Md. R. 626); May 4, 1987 (14:9 Md. R. 1081); May 16, 1988 (15:10 Md. R. 1202); May 1, 1989 (16:6 M. R. 728); April 30, 1990 (17:8 Md. R. 976)*
- *Administrative History: Regulation .05E amended effective December 5, 1983 (10:24 Md. R. 2189); March 6, 1989 (16:4 Md. R. 497)*
- *Administrative History: Regulation .05F repealed effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulations .05I and .06 amended effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulation .08I amended effective March 10, 1986 (13:5 Md. R. 546)*
- *Administrative History: Regulation .11 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .11 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 7, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective October 11, 1993 (20:20 Md. R. 1572); April 1, 1996 (23:3 Md. R. 169); July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05 amended effective April 1, 1996 (23:3 Md. R. 169)*
- *Administrative History: Regulation .05D amended as an emergency provision effective May 21, 1991 (18:13 Md. R. 1480); amended permanently effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .05D amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .05E amended effective March 16, 1992 (19:5 Md. R. 578)*
- *Administrative History: Regulation .05E—L amended effective October 11, 1993 (20:20 Md. R. 1572)*
- *Administrative History: Regulation .05F amended effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05H repealed effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulations .05-1—.05-3 adopted effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .08A amended effective November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .11 amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .12 adopted effective December 30, 1993 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .12 amended effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 30, 2000 (27:21 Md. R. 1976)*
- *Administrative History: Regulation .01 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .01B amended effective January 2, 2006 (32:26 Md. R. 1998); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); April 5, 2010 (37:7 Md. R. 572); July 15, 2019 (46:14 Md. R. 622); April 3, 2023 (50:6 Md. R. 219); October 13, 2025 (52:20 Md. R.1002)*
- *Administrative History: Regulation .01-1B amended effective December 24, 2001 (28:25 Md. R. 2192); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); December 24, 2012 (39:25 Md. R. 1614); December 22, 2014 (41:25 Md. R. 1485); April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .01-1B amended effective August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .01-1C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02I, Y amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04E amended effective October 22, 2007 (34:21 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended effective April 3, 2023 (50:6 Md. R. 219)*
- *Administrative History: Regulation .04T adopted effective October 13, 2025 (52:50 Md. R. 1002)*
- *Administrative History: Regulation .05 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .05D amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .05G amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05J amended effective January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .05-1A amended effective September 1, 2001 (28:16 Md. R. 1483); January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .06C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06F amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .08A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09D amended effective July 15, 2019 (46:14 Md. R. 622); December 12, 2024 (Md. R. 51:24 1081)*
- *Administrative History: Regulation .12 amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .12B amended effective December 22, 2014 (41:25 Md. R. 1485); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .12B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .13 adopted effective December 16, 2019 (46:25 Md. R. 1131)*
- *Administrative History: Regulation .13 amended effective October 13, 2025 (52:20 Md. R. 1002)*
- *Authority: Transportation Article, Annotated Code of Maryland*
##### **COMAR 11.03.01.11** Taxicab Regulations. {#sec-11.03.01.11 omnilex-key=us-md-regs-official--title-11--11.03.01.11}
A. General Regulations.
(1) When at the Airport, both Airport and non-Airport taxicab drivers shall conform to all laws, ordinances, rules, and regulations of their respective jurisdictions, as well as those of the Administration and the State.
(2) All taxicab drivers shall drop off passengers bound for the Airport terminal at the sidewalk curb on the upper level of the terminal public roadway system.
(3) Only taxicabs licensed to operate by a political subdivision of the State and operating pursuant to a concession contract with the Administration may pick up passengers at the Airport subject to this regulation.
(4) Deadheading is prohibited except for:
(a) Airport cabs;
(b) Supplementary Airport cabs as permitted in the concession contract awarded by the Administration.
(5) Taxicab drivers are prohibited from trying to attract or solicit customers while at the Airport by using hand-held lights, vehicle lights, signs, or other visual/auditory devices or aids, other than those markings and lights required and approved by the local jurisdiction to be mounted on a taxicab.
(6) It shall be a violation of these regulations for a person owning a taxicab to permit the taxicab to be used in violation of these regulations.
B. Airport Taxicabs. Airport taxicabs shall operate in compliance with all provisions of the concession contract awarded by the Administration.
C. Non-Airport Taxicabs.
(1) Non-Airport taxicabs shall park, as needed, in the public parking lots, subject to current parking rates, when conducting business other than the transporting of passengers and luggage to the Airport or when conducting business with the Administration relating directly to non-Airport taxicab operations.
(2) A non-Airport taxicab shall immediately depart the Airport after dropping off an incoming commercial passenger at the Airport terminal.
(3) Non-Airport taxicab drivers may not solicit passengers at the Airport, which includes the terminal building, its vestibules, sidewalks, roadways, and parking lots.
D. A violation of the provisions of these taxicab regulations is a misdemeanor, and the maximum penalty which may be imposed for each violation is as set forth in Regulation .10D(3) of this chapter.
**History**
- *Administrative History: Effective date: November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: Chapter revised effective June 9, 1976 (3:12 Md. R. 643)*
- *Administrative History: Chapter recodified from COMAR 11.03.04 to 11.03.01*
- *Administrative History: Regulation .01D-1, G-1, I-1, K-1, U-1, U-2 adopted effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01G-1, I-1, I-2 and J amended, and .01L-1 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .01J-1, K-2, K-3 adopted effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulations .01F; .02B—E, G, H, K, M, O, Q, R, V, Y; .03C, G, J, U,.04A, B, H, L, M, O, Q, S; .05D—I; and .08C, E amended effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .03W amended effective April 3, 1989 (16:6 Md. R. 728)*
- *Administrative History: Regulation .04E amended effective April 20, 1979 (6:8 Md. R. 657)*
- *Administrative History: Regulation .04I amended effective May 21, 1984 (11:10 Md. R. 864)*
- *Administrative History: Regulation .05D amended as an emergency provision effective April 1, 1981 (8:8 Md. R. 716); adopted permanently effective June 26, 1981 (8:13 Md. R. 1140) Regulation .05D amended as an emergency provision effective April 21, 1986 (13:10 Md. R. 1153); adopted permanently effective July 15, 1986 (13:14 Md. R. 1633)*
- *Administrative History: Regulation .05D amended effective January 25, 1980 (7:2 Md. R. 116); June 21, 1982 (9:12 Md. R. 1224); April 9, 1984 (11:7 Md. R. 626); May 4, 1987 (14:9 Md. R. 1081); May 16, 1988 (15:10 Md. R. 1202); May 1, 1989 (16:6 M. R. 728); April 30, 1990 (17:8 Md. R. 976)*
- *Administrative History: Regulation .05E amended effective December 5, 1983 (10:24 Md. R. 2189); March 6, 1989 (16:4 Md. R. 497)*
- *Administrative History: Regulation .05F repealed effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulations .05I and .06 amended effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulation .08I amended effective March 10, 1986 (13:5 Md. R. 546)*
- *Administrative History: Regulation .11 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .11 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 7, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective October 11, 1993 (20:20 Md. R. 1572); April 1, 1996 (23:3 Md. R. 169); July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05 amended effective April 1, 1996 (23:3 Md. R. 169)*
- *Administrative History: Regulation .05D amended as an emergency provision effective May 21, 1991 (18:13 Md. R. 1480); amended permanently effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .05D amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .05E amended effective March 16, 1992 (19:5 Md. R. 578)*
- *Administrative History: Regulation .05E—L amended effective October 11, 1993 (20:20 Md. R. 1572)*
- *Administrative History: Regulation .05F amended effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05H repealed effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulations .05-1—.05-3 adopted effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .08A amended effective November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .11 amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .12 adopted effective December 30, 1993 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .12 amended effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 30, 2000 (27:21 Md. R. 1976)*
- *Administrative History: Regulation .01 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .01B amended effective January 2, 2006 (32:26 Md. R. 1998); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); April 5, 2010 (37:7 Md. R. 572); July 15, 2019 (46:14 Md. R. 622); April 3, 2023 (50:6 Md. R. 219); October 13, 2025 (52:20 Md. R.1002)*
- *Administrative History: Regulation .01-1B amended effective December 24, 2001 (28:25 Md. R. 2192); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); December 24, 2012 (39:25 Md. R. 1614); December 22, 2014 (41:25 Md. R. 1485); April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .01-1B amended effective August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .01-1C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02I, Y amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04E amended effective October 22, 2007 (34:21 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended effective April 3, 2023 (50:6 Md. R. 219)*
- *Administrative History: Regulation .04T adopted effective October 13, 2025 (52:50 Md. R. 1002)*
- *Administrative History: Regulation .05 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .05D amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .05G amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05J amended effective January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .05-1A amended effective September 1, 2001 (28:16 Md. R. 1483); January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .06C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06F amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .08A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09D amended effective July 15, 2019 (46:14 Md. R. 622); December 12, 2024 (Md. R. 51:24 1081)*
- *Administrative History: Regulation .12 amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .12B amended effective December 22, 2014 (41:25 Md. R. 1485); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .12B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .13 adopted effective December 16, 2019 (46:25 Md. R. 1131)*
- *Administrative History: Regulation .13 amended effective October 13, 2025 (52:20 Md. R. 1002)*
- *Authority: Transportation Article, Annotated Code of Maryland*
##### **COMAR 11.03.01.12** Certified Baltimore/Washington International Thurgood Marshall Airport (BWI) Noise Zone. {#sec-11.03.01.12 omnilex-key=us-md-regs-official--title-11--11.03.01.12}
A. Definitions. Acoustic terminology definitions used in this regulation have the same meanings as stated in COMAR 11.03.03.01A.
B. BWI Noise Zone.
(1) The BWI Noise Zone is established pursuant to the Maryland Environmental Noise Act of 1974 (Transportation Article, §§5-805, 5-806, and 5-819, Annotated Code of Maryland).
(2) The Executive Director shall update and recertify the Airport Noise Zone as required by developing contours of equal noise exposure using day-night average sound levels (L~dn~) to determine the extent of impacted land uses.
(3) The certified Baltimore/Washington International Thurgood Marshall Airport (BWI) Noise Zone consists of the 65, 70, and 75 L~dn~ contours overprinted on county tax maps as indicated as follows:
(a) Airport Noise Zone Map;
(b) Tax Map Index;
(c) Anne Arundel County Tax Maps 3, 4, 8, 9, and 15;
(4) The noise zone is a composite of the 65, 70, and 75 Ldn noise contours for the base year of 2025 and future years of 2030 and 2035.
(5) The noise zone reflects the projected future use of the Airport, including existing and planned projects in the Master Plan or Capital Program that influence future Airport use.
C. BWI Noise Abatement Plan.
(1) The BWI Noise Abatement Plan is established pursuant to the Maryland Environmental Noise Act of 1974 (Transportation Article, §§5-805, 5-806, and 5-819, Annotated Code of Maryland).
(2) The Executive Director shall review and update the BWI Noise Abatement Plan as required.
(3) All entities which use the Airport facilities shall comply with the BWI Noise Abatement Plan.
(4) The elements contained in the BWI Noise Abatement Plan are as follows:
(a) Modified departure procedures;
(b) Modified visual flight rule (VFR) arrival procedures;
(c) Preferred runway use system;
(d) Control of Ground Based Noise Sources;
(e) Continued monitoring;
(f) Continued control of incompatible development; and
(g) Noise assistance programs.
**History**
- *Administrative History: Effective date: November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: Chapter revised effective June 9, 1976 (3:12 Md. R. 643)*
- *Administrative History: Chapter recodified from COMAR 11.03.04 to 11.03.01*
- *Administrative History: Regulation .01D-1, G-1, I-1, K-1, U-1, U-2 adopted effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01G-1, I-1, I-2 and J amended, and .01L-1 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .01J-1, K-2, K-3 adopted effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulations .01F; .02B—E, G, H, K, M, O, Q, R, V, Y; .03C, G, J, U,.04A, B, H, L, M, O, Q, S; .05D—I; and .08C, E amended effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .03W amended effective April 3, 1989 (16:6 Md. R. 728)*
- *Administrative History: Regulation .04E amended effective April 20, 1979 (6:8 Md. R. 657)*
- *Administrative History: Regulation .04I amended effective May 21, 1984 (11:10 Md. R. 864)*
- *Administrative History: Regulation .05D amended as an emergency provision effective April 1, 1981 (8:8 Md. R. 716); adopted permanently effective June 26, 1981 (8:13 Md. R. 1140) Regulation .05D amended as an emergency provision effective April 21, 1986 (13:10 Md. R. 1153); adopted permanently effective July 15, 1986 (13:14 Md. R. 1633)*
- *Administrative History: Regulation .05D amended effective January 25, 1980 (7:2 Md. R. 116); June 21, 1982 (9:12 Md. R. 1224); April 9, 1984 (11:7 Md. R. 626); May 4, 1987 (14:9 Md. R. 1081); May 16, 1988 (15:10 Md. R. 1202); May 1, 1989 (16:6 M. R. 728); April 30, 1990 (17:8 Md. R. 976)*
- *Administrative History: Regulation .05E amended effective December 5, 1983 (10:24 Md. R. 2189); March 6, 1989 (16:4 Md. R. 497)*
- *Administrative History: Regulation .05F repealed effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulations .05I and .06 amended effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulation .08I amended effective March 10, 1986 (13:5 Md. R. 546)*
- *Administrative History: Regulation .11 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .11 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 7, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective October 11, 1993 (20:20 Md. R. 1572); April 1, 1996 (23:3 Md. R. 169); July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05 amended effective April 1, 1996 (23:3 Md. R. 169)*
- *Administrative History: Regulation .05D amended as an emergency provision effective May 21, 1991 (18:13 Md. R. 1480); amended permanently effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .05D amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .05E amended effective March 16, 1992 (19:5 Md. R. 578)*
- *Administrative History: Regulation .05E—L amended effective October 11, 1993 (20:20 Md. R. 1572)*
- *Administrative History: Regulation .05F amended effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05H repealed effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulations .05-1—.05-3 adopted effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .08A amended effective November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .11 amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .12 adopted effective December 30, 1993 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .12 amended effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 30, 2000 (27:21 Md. R. 1976)*
- *Administrative History: Regulation .01 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .01B amended effective January 2, 2006 (32:26 Md. R. 1998); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); April 5, 2010 (37:7 Md. R. 572); July 15, 2019 (46:14 Md. R. 622); April 3, 2023 (50:6 Md. R. 219); October 13, 2025 (52:20 Md. R.1002)*
- *Administrative History: Regulation .01-1B amended effective December 24, 2001 (28:25 Md. R. 2192); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); December 24, 2012 (39:25 Md. R. 1614); December 22, 2014 (41:25 Md. R. 1485); April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .01-1B amended effective August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .01-1C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02I, Y amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04E amended effective October 22, 2007 (34:21 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended effective April 3, 2023 (50:6 Md. R. 219)*
- *Administrative History: Regulation .04T adopted effective October 13, 2025 (52:50 Md. R. 1002)*
- *Administrative History: Regulation .05 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .05D amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .05G amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05J amended effective January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .05-1A amended effective September 1, 2001 (28:16 Md. R. 1483); January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .06C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06F amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .08A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09D amended effective July 15, 2019 (46:14 Md. R. 622); December 12, 2024 (Md. R. 51:24 1081)*
- *Administrative History: Regulation .12 amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .12B amended effective December 22, 2014 (41:25 Md. R. 1485); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .12B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .13 adopted effective December 16, 2019 (46:25 Md. R. 1131)*
- *Administrative History: Regulation .13 amended effective October 13, 2025 (52:20 Md. R. 1002)*
- *Authority: Transportation Article, Annotated Code of Maryland*
##### **COMAR 11.03.01.13** Business Hours of Operation of the Terminal and Other Locations at the Airport. {#sec-11.03.01.13 omnilex-key=us-md-regs-official--title-11--11.03.01.13}
A. General Regulations. The terminal at the Airport, the pedestrian bridges connecting the hourly garage at the Airport to the terminal, the hourly garage, and the on-Airport consolidated rental car facility are open to the public twenty-four hours a day. No individual may enter or be present in the terminal, pedestrian bridges, hourly garage, or on-Airport consolidated rental car facility except:
(1) Airline passengers and on-Airport consolidated rental car facility customers;
(2) Individuals meeting, accompanying, or assisting passengers on an arriving or departing flight;
(3) Individuals whose employment requires their presence in the terminal, pedestrian bridges, hourly garage, or on-Airport consolidated rental car facility; and
(4) Other individuals specifically authorized by the Executive Director to enter and be present in some or all of these locations.
B. Violations.
(1) For purposes of this section, “authorized employee” means an employee of the Administration designated by the Executive Director to ask a person to leave the terminal, pedestrian bridges, hourly garage, or on-Airport consolidated rental car facility when the surrounding circumstances suggest that the person has no apparent lawful business to pursue at the terminal, pedestrian bridges, hourly garage, or on-Airport consolidated rental car facility.
(2) If a person refuses or fails to leave the terminal, pedestrian bridges, hourly garage, or on-Airport consolidated rental car facility upon proper request to do so by an authorized employee, the Airport Police shall be notified and the person shall be treated as a trespasser in accordance with Criminal Law Article, §6-409, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: Chapter revised effective June 9, 1976 (3:12 Md. R. 643)*
- *Administrative History: Chapter recodified from COMAR 11.03.04 to 11.03.01*
- *Administrative History: Regulation .01D-1, G-1, I-1, K-1, U-1, U-2 adopted effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01G-1, I-1, I-2 and J amended, and .01L-1 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .01J-1, K-2, K-3 adopted effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulations .01F; .02B—E, G, H, K, M, O, Q, R, V, Y; .03C, G, J, U,.04A, B, H, L, M, O, Q, S; .05D—I; and .08C, E amended effective May 30, 1980 (7:11 Md. R. 1037)*
- *Administrative History: Regulation .01 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .03W amended effective April 3, 1989 (16:6 Md. R. 728)*
- *Administrative History: Regulation .04E amended effective April 20, 1979 (6:8 Md. R. 657)*
- *Administrative History: Regulation .04I amended effective May 21, 1984 (11:10 Md. R. 864)*
- *Administrative History: Regulation .05D amended as an emergency provision effective April 1, 1981 (8:8 Md. R. 716); adopted permanently effective June 26, 1981 (8:13 Md. R. 1140) Regulation .05D amended as an emergency provision effective April 21, 1986 (13:10 Md. R. 1153); adopted permanently effective July 15, 1986 (13:14 Md. R. 1633)*
- *Administrative History: Regulation .05D amended effective January 25, 1980 (7:2 Md. R. 116); June 21, 1982 (9:12 Md. R. 1224); April 9, 1984 (11:7 Md. R. 626); May 4, 1987 (14:9 Md. R. 1081); May 16, 1988 (15:10 Md. R. 1202); May 1, 1989 (16:6 M. R. 728); April 30, 1990 (17:8 Md. R. 976)*
- *Administrative History: Regulation .05E amended effective December 5, 1983 (10:24 Md. R. 2189); March 6, 1989 (16:4 Md. R. 497)*
- *Administrative History: Regulation .05F repealed effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulations .05I and .06 amended effective July 1, 1981 (8:12 Md. R. 1063)*
- *Administrative History: Regulation .08I amended effective March 10, 1986 (13:5 Md. R. 546)*
- *Administrative History: Regulation .11 adopted effective November 5, 1984 (11:22 Md. R. 1900)*
- *Administrative History: Regulation .11 amended effective December 31, 1988 (15:26 Md. R. 2984)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 7, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective October 11, 1993 (20:20 Md. R. 1572); April 1, 1996 (23:3 Md. R. 169); July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05 amended effective April 1, 1996 (23:3 Md. R. 169)*
- *Administrative History: Regulation .05D amended as an emergency provision effective May 21, 1991 (18:13 Md. R. 1480); amended permanently effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .05D amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .05E amended effective March 16, 1992 (19:5 Md. R. 578)*
- *Administrative History: Regulation .05E—L amended effective October 11, 1993 (20:20 Md. R. 1572)*
- *Administrative History: Regulation .05F amended effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .05H repealed effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulations .05-1—.05-3 adopted effective July 1, 1999 (26:5 Md. R. 392)*
- *Administrative History: Regulation .08A amended effective November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .11 amended effective July 1, 1996 (23:13 Md. R. 944)*
- *Administrative History: Regulation .12 adopted effective December 30, 1993 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .12 amended effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 30, 2000 (27:21 Md. R. 1976)*
- *Administrative History: Regulation .01 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .01B amended effective January 2, 2006 (32:26 Md. R. 1998); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); April 5, 2010 (37:7 Md. R. 572); July 15, 2019 (46:14 Md. R. 622); April 3, 2023 (50:6 Md. R. 219); October 13, 2025 (52:20 Md. R.1002)*
- *Administrative History: Regulation .01-1B amended effective December 24, 2001 (28:25 Md. R. 2192); November 6, 2007 (34:22 Md. R. 1978); January 12, 2009 (36:1 Md. R. 22); December 24, 2012 (39:25 Md. R. 1614); December 22, 2014 (41:25 Md. R. 1485); April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .01-1B amended effective August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .01-1C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02I, Y amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04E amended effective October 22, 2007 (34:21 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended effective April 3, 2023 (50:6 Md. R. 219)*
- *Administrative History: Regulation .04T adopted effective October 13, 2025 (52:50 Md. R. 1002)*
- *Administrative History: Regulation .05 amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .05D amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .05G amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05J amended effective January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .05-1A amended effective September 1, 2001 (28:16 Md. R. 1483); January 2, 2006 (32:26 Md. R. 1998)*
- *Administrative History: Regulation .06C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06F amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .08A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .09D amended effective July 15, 2019 (46:14 Md. R. 622); December 12, 2024 (Md. R. 51:24 1081)*
- *Administrative History: Regulation .12 amended effective November 6, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .12B amended effective December 22, 2014 (41:25 Md. R. 1485); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .12B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Administrative History: Regulation .13 adopted effective December 16, 2019 (46:25 Md. R. 1131)*
- *Administrative History: Regulation .13 amended effective October 13, 2025 (52:20 Md. R. 1002)*
- *Authority: Transportation Article, Annotated Code of Maryland*
### **11.03.02** Martin State Airport
##### **COMAR 11.03.02.01** Definitions. {#sec-11.03.02.01 omnilex-key=us-md-regs-official--title-11--11.03.02.01}
A. Words not specifically defined in this regulation which relate to aeronautical practices, processes, and equipment, will be construed according to their general usage in the aviation industry.
B. Terms Defined.
(1) “Abandon” means forsake, desert, give up and surrender one's claim or right.
(2) “Administration” means the Maryland Aviation Administration of the Department of Transportation, established pursuant to the Transportation Article, §5-201, Annotated Code of Maryland.
(3) “Aircraft” means any contrivance now known or hereafter designed, invented, or used for navigation or flight in the air or space, except a parachute or other contrivance used primarily as safety equipment.
(4) “Air operations area” means any area of the Airport used or intended to be used for landing, taking off, or surface maneuvering of aircraft.
(5) “Airport” means Martin State Airport, owned by the State and operated by the Maryland Aviation Administration, as now existing or as the same may hereafter be developed.
(6) “Airport Director” means the Airport Director, Maryland Aviation Administration, Martin State Airport, or the Airport Director's designated representative.
(7) “Authorized” means acting under or pursuant to a written contract, permit, or other evidence of right issued by the Maryland Aviation Administration.
(8) “Bus” means a motor vehicle operated by an appropriately authorized agency on a fixed route and predetermined schedule to and from the Airport.
(9) “Combustible liquid” means any liquid that has a closed cup flash point at or above 100°F.
(10) “Commercial activity” means the sale, exchange, trading, buying, merchandising, hiring, marketing, promotion, or selling of commodities, goods, services, or property of any kind, or any revenue-producing activity, on the Airport.
(11) “Control tower” means an air traffic control tower located at the Airport.
(12) “Courtesy car” means a car operated to and from the Airport by hotel, motel, public parking firms, car rental companies, or other business specifically for the transportation or convenience of their patrons or for the execution of any part of a private business transaction.
(13) “Curbside” means the curb of the roadway adjacent to the Terminal Building.
(14) “Department” means the Department of Transportation.
(15) “Domestic animal” means any animal of a species usually domesticated in the United States and customarily found in the home.
(16) “Executive Director” means the Executive Director of the Maryland Aviation Administration, whose office is established pursuant to Transportation Article, §5-202.1, Annotated Code of Maryland, or the Executive Director's duly authorized representative.
(17) Fire Marshal.
(a) “Fire marshal” means an individual from the Airport Fire Marshal's Office or a fire prevention inspector who is employed by the BWI Airport Fire and Rescue Department.
(b) “Fire marshal” includes any designated representative of the State Fire Marshal's Office.
(18) “Fire Prevention Code” means the State Fire Prevention Code as defined in COMAR 29.06.01.
(19) “Flammable liquids” means any liquid that has a closed cup flash point below 100°F.
(20) “Garbage” means any refuse, food, trash, or rubbish.
(21) “Grounding or bonding” means providing a conductive path to equalize the potential static electricity between fueling equipment and aircraft by use of a cable.
(22) “IBC” has the meaning stated in COMAR 05.02.07.03B(7).
(23) “Industrial waste” means any waste product, liquid, gaseous, or solid, derived from industrial activity.
(24) “Labeled” means equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization:
(a) That is acceptable to the authority having jurisdiction and is concerned with product evaluation;
(b) That maintains periodic inspection of production of labeled equipment or materials; and
(c) By whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.
(25) “Law enforcement officer” means any person vested with a police power of arrest under federal, State, county, or city authority, and identifiable by uniform, badge, or other indicia of authority.
(26) “Limousine” means any motor vehicle having a rated seating capacity of six or more persons, not including the driver, operating to and from the Airport according to a valid certificate issued by the appropriate governmental agency.
(27) “Listed” means equipment, materials, or services included in a list published by an organization:
(a) That is acceptable to the authority having jurisdiction and concerned with evaluation of products or services;
(b) That maintains periodic inspection of production of listed equipment or materials; and
(c) Whose listing states that either the equipment, material, or service meets identified standards or has been tested and found suitable for a specified purpose.
(28) “Motor vehicle” means a device in, upon, or by which a person or property may be propelled, moved, or drawn upon land, except a device moved by human or animal power, and except aircraft and devices moved exclusively upon stationary rails or tracks.
(29) “Movement area” means the runways, taxiways, and other areas of the Airport that are used for the taxiing, takeoff, and landing of aircraft, except loading ramps and parking areas.
(30) “NFPA” has the meaning stated in COMAR 29.06.01.05B(5).
(31) “Officer” means a law enforcement officer.
(32) “Oil” means any substance of vegetable, animal, or mineral origin with an oily consistency, easily liquefiable on warming and soluble in ether but not in water.
(33) “Operator” means a person who is in actual physical control of an aircraft or a motor vehicle.
(34) “Owner” means a person who holds the legal title to an aircraft or motor vehicle; or, if the aircraft or motor vehicle is the subject of a conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement, and with the immediate right of possession of an aircraft or motor vehicle on the Airport, or, if a mortgagor of an aircraft or motor vehicle is entitled to the possession, then the conditional vendee, lessee, or mortgagor shall be considered the owner for the purpose of these regulations.
(35) “Parking lot” means any designated parking area such as employee and public areas, including parking structures.
(36) “Person” means any individual, firm, partnership, corporation, company, association, or joint stock association, and includes any trustee, receiver, committee, assignee, or other representative or employee thereof.
(37) “Regulations” means these regulations as they may be amended and supplemented from time to time.
(38) “Restricted area” means Airport areas with access limited to authorized persons only.
(39) “Solid waste” means any garbage, refuse, sludge, solid, liquid, semisolid, or contained gaseous materials which are by-products of commercial activity, as defined by COMAR 26.03.03 and 26.13.02.
(40) “State” means the State of Maryland.
(41) “Sunset” or “sunrise” means the time of sunset or sunrise at the Airport as published by the United States National Weather Service.
(42) “Taxicab” means any motor vehicle that carries persons for a fare, usually determined by a meter, and that is appropriately licensed as a taxicab by a proper governmental authority.
(43) “Terminal” or “terminal building” means any passenger terminal facility at the Airport, including all roadways and parking facilities associated with the facility.
(44) “Toxic material” means any material, liquid, gaseous, or solid substance, containing a poisonous agent.
(45) “Traffic” means pedestrians and vehicles, either singly or together, using any Airport area, while they are using it.
(46) “Weapon” means a gun, knife (other than a pocketknife, maximum 4-inch blade), blackjack, slingshot, metal knuckles, aerosol irritant projector, or any explosive device except when properly packaged for shipment.
(47) “Wild animal” means any animal of a species not usually domesticated in the United States or customarily found in the home.
**History**
- *Administrative History: Effective date: October 1, 1975 (2:24 Md. R. 1479)*
- *Administrative History: Chapter revised effective December 2, 1977 (4:25 Md. R. 1912)*
- *Administrative History: Chapter recodified from COMAR 11.03.05 to 11.03.02*
- *Administrative History: Regulation .01B amended effective October 7, 1985 (12:20 Md. R. 1929)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 24, 1990 (17:25 Md. R. 2908)*
- *Administrative History: Regulation .01 amended effective November 20, 1995 (22:23 Md. R. 1802); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .01B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02 amended effective November 20, 1995 (22:23 Md. R. 1802); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02N, Q amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-1 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03-2A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective April 11, 1994 (21:7 Md. R. 531); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04V amended effective September 30, 1991 (18:19 Md. R. 2102)*
- *Administrative History: Regulation .04-1 adopted effective April 11, 1994 (21:7 Md. R. 531)*
- *Administrative History: Regulation .04-1B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .05G amended and I adopted effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05G, I amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06K amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07A amended effective May 23, 1994 (21:10 Md. R. 845)*
- *Administrative History: Regulation .08C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 20, 1995 (22:23 Md. R. 1802)*
- *Administrative History: Regulation .10B amended effective October 16, 2000 (27:20 Md. R. 1840); December 24, 2001 (28:25 Md. R. 2192); December 24, 2012 (39:25 Md. R. 1614); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .10B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Authority: Transportation Article, §§5-202.1, 5-204, 5-208, 5-426, 5-805, 5-806, and 5-819, Annotated Code of Maryland*
##### **COMAR 11.03.02.02** Aircraft Regulations. {#sec-11.03.02.02 omnilex-key=us-md-regs-official--title-11--11.03.02.02}
A. Negligent Operations Prohibited. Aircraft may not be operated:
(1) At the Airport in a careless or negligent manner;
(2) In disregard of the rights and safety of others;
(3) Without due caution and circumspection; or
(4) At a speed or in a manner which endangers or is likely to endanger persons or property.
B. Compliance with Orders.
(1) Aeronautical activities shall conform to the current applicable provisions of the Federal Aviation Administration regulations and orders, applicable State law, these regulations, and orders issued by the Administration, the Airport Director, or an air traffic controller on duty in the control tower.
(2) All aircraft operated from the Airport, except aircraft specifically exempt from these requirements by law, shall be registered with the Federal Aviation Administration and shall have a Federal Aviation Administration certificate of airworthiness.
(3) The owner of an aircraft based or hangared at the Airport may not operate or allow the operation of that aircraft without a liability insurance policy in force which covers the owner and the pilot for claims by passengers or other persons for injuries to them and their property which might arise out of the operation of the aircraft.
(4) The liability insurance policy shall provide coverage for at least $50,000 bodily injury per individual, $100,000 bodily injury per accident, and $50,000 property damage protection.
C. Denial of Use of Airport. The Executive Director may deny the use of the Airport to any pilot in violation of these regulations and shall have the authority to close the Airport or any portion of it to air operations or to any specific aircraft or class of aircraft if, in the Executive Director's opinion, the use of the Airport by the aircraft might endanger persons or property or jeopardize the operational efficiency of the Airport.
D. Aircraft Accidents.
(1) A person operating an aircraft who is involved in an accident on the Airport, resulting in injury to any person or damage to any property, shall, if physically able:
(a) Stop the aircraft at the scene of the accident or as close as possible to it without obstructing other aircraft operations or motor vehicle traffic more than necessary;
(b) Notify the Airport Director and the Federal Aviation Administration;
(c) Then return to and remain at the scene of the accident until he has given a full report of it to the investigating official;
(d) Upon request, exhibit to the investigating officer any permit, license, registration, or other document relevant to the accident or the persons or property involved.
(2) A person operating an aircraft who is involved in an accident on the Airport, and the owner of the aircraft, if other than the operator, shall, if physically able, make a full written report of the accident to the Airport Director within 24 hours after the accident, or as soon as possible thereafter, including:
(a) The names and addresses of the persons involved;
(b) The registration and license number of the aircraft involved;
(c) The name of the insurance company shown on the liability insurance policy, and the policy or binder number; and
(d) Any other information relevant to the accident.
(3) A person may not remove from the scene of the accident an aircraft involved in an accident on the Airport until permitted to do so by the Federal Aviation Administration, the National Transportation Safety Board, and the Administration.
(4) A person damaging any airfield lighting equipment or fixtures by means of contact with aircraft shall report the damage to the Airport Director immediately, and shall be fully responsible for the damage.
E. Removal of Disabled Aircraft.
(1) Aircraft owners, operators, and Airport tenants shall promptly remove disabled aircraft and their parts from the Airport unless required or directed to delay this action by the Administration or a federal agency.
(2) A person may not allow a disabled aircraft to block a runway unnecessarily. When a disabled aircraft is blocking or delaying the opening or use of any portion of a runway, the owner or operator of the aircraft shall make immediate arrangements to have the aircraft moved as soon as the Administration and all appropriate governmental agencies have cleared the move. If that action to remove the aircraft is not initiated as soon as is reasonably possible, or is not progressing at a reasonable rate, the Airport Director may initiate action to have the aircraft moved at the expense and risk of the owner.
F. Enplaning and Deplaning. A person may not enplane or deplane passengers or cargo at the Airport, except in specific areas designated by the Administration.
G. Cleaning and Maintaining Aircraft. A person may not clean, paint, wash, polish, or otherwise maintain an aircraft at the Airport except in areas and under the conditions designated for this purpose by the Administration.
H. Refusal of Clearance. The Executive Director may prohibit aircraft operations at the Airport when circumstances are considered likely to endanger persons or property, or for any other justifiable reason. The Executive Director or the Airport Director shall have the authority to issue a Notice to Airmen (NOTAM) to close or open the Airport, or any portion of it.
I. Aircraft Equipment. Aircraft may not be operated on the Airport, other than a helicopter, unless it is equipped with a tail or nose wheel, and wheel brakes. Any exception shall be authorized by the Airport Director with proper procedural instructions.
J. Landing and Taking Off.
(1) A person may not land an aircraft at, or take off an aircraft from, the Airport except on the runway or helipad and in the direction assigned and upon clearance obtained from the control tower. A person operating aircraft not requiring a runway, such as a helicopter, shall strictly conform to the air traffic instructions given by the control tower.
(2) A person may not land an aircraft at, or take off an aircraft from, the Airport other than in conformity with the air traffic instructions given by the control tower.
(3) A person may not land an aircraft on, or take off an aircraft from, an unserviceable runway at the Airport or from any ramp area or taxiway.
(4) All persons operating aircraft in the Airport Class “D” airspace as described in the Airman's Information Manual shall conform to the current established traffic patterns and procedures promulgated jointly by the Federal Aviation Administration (FAA) and the Airport Director.
(5) Simulated emergencies which require special handling by the control tower are prohibited within the Airport Class “D” airspace as described in the Airman's Information Manual.
K. Airport Marking and Lighting. A person may not operate an aircraft at the Airport, unless he obeys all Airport lighting and pavement marking signals.
L. Motorless Aircraft. A person may not land at, or take off from, the Airport in a motorless aircraft without first obtaining permission from the Airport Director and clearance from the control tower.
M. Experimental Flights, Demonstrations, and Stunt Flying.
(1) A person may not conduct experimental flights or ground demonstrations of flight equipment on the Airport without the previous approval of the Airport Director.
(2) A person may not perform or conduct stunt flying or air acrobatics at the Airport, except for public displays of aviation flight authorized by the Executive Director or Airport Director.
N. Starting and Running Aircraft Engines.
(1) Starting, running, or operating an aircraft at the Airport by any person other than FAA certificated pilots or mechanics, is prohibited.
(2) A person may not start an aircraft engine at the Airport unless blocks or chocks are placed in front of the wheels or the aircraft is provided with adequate brakes and they are in applied position.
(3) A person may not operate an aircraft engine at the Airport other than in places designated for these purposes by the Administration.
(4) A person may not warm-up or run-up jet or turboprop engines at the Airport other than in those areas and at those times designated by the Administration. A jet or turboprop engine may not be run-up for maintenance purposes at the Airport between the hours of 8 p.m. and 8 a.m., except in an emergency, and with the previous approval of the Airport Director.
(5) A person may not leave an aircraft unattended with engines running or being tested.
O. Radio Ground Control. A person may not taxi or tow an aircraft at the Airport unless that person monitors the ground control frequency being used by the control tower and remains in direct communication with the control tower at all times while so operating anywhere within the Airport movement area under the active control of the control tower.
P. Propeller Slipstream and Jet Blast. A person may not position, start, or run-up engines, or taxi an aircraft in such a manner that propeller slipstream or jet blast could cause injury to persons, scatter debris, or damage property on the Airport or in areas adjacent to the Airport.
Q. Taxiing.
(1) A person may not taxi an aircraft at the Airport until he has ascertained that there is no danger of collision with any person or object in the immediate area.
(2) A person may not taxi an aircraft at the Airport except at a safe and reasonable speed.
(3) A person may not taxi an aircraft at the Airport in an aircraft movement area other than according to instructions of the control tower.
R. Aircraft Parking.
(1) A person may not park an aircraft anywhere on the Airport in such a position as to block access through hangar doors, unless this action is approved by the Airport Director or the operator having jurisdiction over these hangars.
(2) A person may not use any area of the Airport, other than the public aircraft parking and storage areas, for parking and storage of aircraft, except as otherwise specifically approved by lease or otherwise. If a person uses these areas for aircraft parking and storage, the Airport Director shall order the aircraft removed at the risk and expense of the owner.
(3) A person may not park an aircraft on a public aircraft parking area at the Airport other than according to the procedures and rate schedule established by the Administration.
(4) A person may not park and leave any aircraft without the aircraft being tied down properly and the landing gear chocked with wheel blocks or other approved devices, except as otherwise approved by the Airport Director.
(5) A person may not load cargo on or unload cargo from an aircraft, except in designated areas or in areas totally contained within an established leasehold approved for this activity.
S. Aircraft Lights. A person may not taxi an aircraft at the Airport in unlighted or poorly lighted areas, during periods of low visibility (less than 3 miles), or between the hours of sunset and sunrise, unless the navigational lights of the aircraft are kept lighted while the aircraft is taxied.
T. Removal of Passengers from Aircraft. A person may not create a nuisance or a threat to persons, property, or aircraft operations while aboard an aircraft at the Airport. At the request of the owner or operator of this aircraft, law enforcement officers may forcibly remove the person from the aircraft.
U. Derelict Aircraft.
(1) A person may not abandon any aircraft anywhere on the Airport. The Airport Director may remove any abandoned aircraft from the Airport at the sole risk and expense of the owner or operator of the aircraft.
(2) A person may not store or keep aircraft parts or components being held as inventory anywhere on the Airport other than in an enclosed facility approved by the Administration.
V. Damage to Airport. The owner or operator of any aircraft which by reason of any type of accident, crash, or fire, or which by reason of malfunction or operation, causes any damage to Airport property, shall be responsible to the Administration for the damage. The amount of the damage shall be ascertained by the Executive Director, who shall make demand upon the owner or operator for payment of the damage.
W. Based Aircraft.
(1) A person may not base an aircraft, personal or company-owned, at the Airport, unless a written agreement has been obtained from the Administration or a fixed-base operator.
(2) Persons basing aircraft used for hire or other commercial purposes are required to have a written agreement with the Administration.
X. Unauthorized Maintenance. Except as provided in Regulation .03C of this chapter, a person may not perform maintenance on transient, based, or leased aircraft on the Airport premises without a written agreement with the Administration.
**History**
- *Administrative History: Effective date: October 1, 1975 (2:24 Md. R. 1479)*
- *Administrative History: Chapter revised effective December 2, 1977 (4:25 Md. R. 1912)*
- *Administrative History: Chapter recodified from COMAR 11.03.05 to 11.03.02*
- *Administrative History: Regulation .01B amended effective October 7, 1985 (12:20 Md. R. 1929)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 24, 1990 (17:25 Md. R. 2908)*
- *Administrative History: Regulation .01 amended effective November 20, 1995 (22:23 Md. R. 1802); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .01B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02 amended effective November 20, 1995 (22:23 Md. R. 1802); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02N, Q amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-1 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03-2A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective April 11, 1994 (21:7 Md. R. 531); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04V amended effective September 30, 1991 (18:19 Md. R. 2102)*
- *Administrative History: Regulation .04-1 adopted effective April 11, 1994 (21:7 Md. R. 531)*
- *Administrative History: Regulation .04-1B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .05G amended and I adopted effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05G, I amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06K amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07A amended effective May 23, 1994 (21:10 Md. R. 845)*
- *Administrative History: Regulation .08C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 20, 1995 (22:23 Md. R. 1802)*
- *Administrative History: Regulation .10B amended effective October 16, 2000 (27:20 Md. R. 1840); December 24, 2001 (28:25 Md. R. 2192); December 24, 2012 (39:25 Md. R. 1614); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .10B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Authority: Transportation Article, §§5-202.1, 5-204, 5-208, 5-426, 5-805, 5-806, and 5-819, Annotated Code of Maryland*
##### **COMAR 11.03.02.03** Fire Hazards. {#sec-11.03.02.03 omnilex-key=us-md-regs-official--title-11--11.03.02.03}
A. Cleaning of Equipment.
(1) The use of flammable or combustible liquids in the cleaning of aircraft, aircraft engines, propellers, or other appliances, equipment, or parts of aircraft is prohibited, unless those cleaning operations are conducted in facilities specifically approved by the Administration for that purpose and are performed in accordance with COMAR 29.06.01.
(2) A person may not use flammable or combustible liquids for cleaning purposes at the Airport, except as provided in §A of this regulation.
(3) A person may not store, transport, or use cleaning fluids of a vaporizing nature at the Airport except in containers with dispensing devices which comply with the applicable sections of COMAR 29.06.01.
B. Open Flame Operations. Open flame operations may be conducted on the Airport only after obtaining a Welding and Burning permit from the Airport Operations office.
C. Storage of Material.
(1) The storage of combustible materials in hangars at the Airport shall be conducted in accordance with NFPA 1 Uniform Fire Code, Chapter 10 and Chapter 34.
(2) The height of stored material may not exceed that of the lower or bottom side of roof trusses or of a point 18 inches below sprinkler lines or heads, whichever is lower. Storage areas shall have spaces between them as well as aisles throughout the areas of sufficient size to allow passage of fire department personnel and equipment. Sufficient spaces for aisles shall be determined through inspection by the fire marshal in compliance with COMAR 29.06.01.
D. Storage of Hazardous Material.
(1) Flammable and combustible liquids, gases, explosives, signal flares, or other hazardous materials shall be stored and kept in containers and receptacles and in structures and areas specifically approved by the fire marshal in accordance with COMAR 29.06.01.
(2) All tenants and concessionaires shall ensure that drums and containers are properly marked in accordance with 29 CFR §1910.1200.
(3) In addition to the labeling requirements of 29 CFR §1910.1200, each tenant and concessionaire shall mark its drums and containers with its company name and date of initial receipt of the item on the Airport premises.
(4) All tenants and concessionaires shall properly store drums and containers and ensure proper disposal of materials in accordance with COMAR 26.13.03.
(5) All tenants and concessionaires shall provide adequate documentation regarding the contents of drums and containers to inspectors of the Administration, the Maryland Department of the Environment, or other law enforcement agency.
(6) If, as a result of a routine inspection of the Airport premises, an improperly marked or stored drum or container is found, the tenant or concessionaire shall be cited. The tenant or concessionaire shall correct the deficiency within 1 working day. This inspection may be conducted by the Fire marshal or representatives of the Administration, the Maryland Department of the Environment, or the Maryland Division of Labor and Industry.
(7) If a tenant or concessionaire fails to correct the noted deficiency, the Administration may correct the deficiency or cause it to be corrected by a private contractor at the expense of the responsible party.
(8) All abandoned drums or containers shall be collected by the Administration and placed in storage at the expense of the owner.
E. Lubricating Oil.
(1) Lubricating oils shall be stored, kept, or transported in containers and receptacles, and in structures and areas, specifically approved by the fire marshal for these purposes in compliance with the applicable sections of COMAR 29.06.01.
(2) The storage of empty lubricating oil drums or cans on the Airport is prohibited, except in approved areas designated by the Administration in compliance with the applicable sections of COMAR 26.13.03.
(3) Petroleum products or objectionable industrial waste matter shall be discharged only into pans or containers provided for that purpose in compliance with the applicable sections of COMAR 29.06.01 and shall be disposed of in a manner approved by the Administration.
(4) A company transporting oil on the Airport shall possess a valid Oil Operations Permit issued by the Waste Management Administration in accordance with COMAR 26.10.01.16.
F. Waste. The storage of oily wastes, rags, and other rubbish and trash at the Airport is prohibited unless in suitable metal receptacles with operating self-closing covers as approved by COMAR 29.06.01. All waste within this general classification shall be removed from the Airport premises daily.
G. Smoking.
(1) Smoking shall be prohibited within the fuel farm or in any building owned or leased by the Administration.
(2) Smoking or carrying lighted cigars, cigarettes, pipes, matches, or any open flame within the air operations area is prohibited.
H. Floor Care. The accumulation of oil, grease, or other flammable material on the floors of hangars and other buildings is prohibited. The floors of hangars and other buildings shall be continuously kept free of rags, waste material, trash, rubbish, or other flammable materials.
I. Care of Aircraft Ramp, Apron, and Parking Areas. Any person, including the operators of aircraft, causing overflowing or spilling of oil, grease, fuel, or any similar material anywhere at the Airport, is responsible for immediately cleaning the spillage. Upon the default of the responsible person to clean this area, the Airport Director may provide the necessary cleaning and charge the responsible person for the expense of it at established rates.
J. Cleaning of Aircraft. The cleaning of aircraft shall be conducted in accordance with NFPA 410 Aircraft Maintenance, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(e). This cleaning shall only be permitted in areas of the Airport approved by the Administration.
K. Doping, Spray Painting, and Paint Striping.
(1) Doping processes, spray painting, or paint stripping operations are permitted only in properly designed, ventilated buildings or areas that are approved by COMAR 29.06.01.
(2) Only persons who are properly clothed for safety and self-protection are permitted to enter or work in a doping or spray painting room while doping and spray painting operations are being conducted.
L. Fire Extinguishers. All fire extinguishing equipment shall be maintained according to the requirements of COMAR 29.06.01.
M. Eye Hazards. The use of a material, such as oil absorbents or similar material, that creates an eye hazard when picked up, swirled, or blown about by the blast from an aircraft engine is prohibited in any passenger loading area or other public area at the Airport.
N. Operating Motor Vehicles in Hangars. No tractor, tug, or other vehicle may be operated within any hangar or other building used for aircraft maintenance or storage when an aircraft is present, except in an emergency, unless the exhaust of the tractor, tug, or other motor vehicle is protected by screens or baffles to prevent the escape of sparks or the propagation of flame. The parking of motor vehicles in any hangar with an aircraft is prohibited. The parking of a motor vehicle in aircraft hangars where multiple aircraft are stored is prohibited.
O. Grounding or Bonding of Aircraft. Aircraft in hangars shall be grounded or bonded for removal and control of static electrical accumulations on aircraft while aircraft are undergoing service or repair in accordance with NFPA 409 Aircraft Hangars, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(d). Aircraft being serviced on the Airport ramp or other designated area shall be grounded or bonded for removal and control of static electrical accumulations in accordance with NFPA 407 Aircraft Fuel Servicing, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(c).
P. Motorized Ground Equipment Near Aircraft or Hangars.
(1) Motorized ground equipment may not be parked near any aircraft or hangar at the Airport in a manner that prevents this equipment from being readily driven or towed away in case of an emergency.
(2) The parking of motorized ground equipment near aircraft and hangars at the Airport shall be conducted in accordance with NFPA 407 Aircraft Fuel Servicing, §407-8, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(c).
Q. Repairing of Aircraft. The repair of an aircraft or aircraft engine, propeller, or other aircraft apparatus is prohibited in an area of the Airport other than that specifically designated by the Administration for this purpose, except that minor adjustments or repairs may be made while the aircraft is at a tie-down position, on the terminal apron, or being prepared for departure.
R. Operating Aircraft Engines in Hangars. A person may not start or operate aircraft engines inside a hangar at the Airport, other than the air rotation of jet engines without ignition.
S. Heating Systems in Hangars. The installation and operation of any heating system or device is prohibited in any hangar at the Airport, other than systems or devices listed or labeled by an independent testing laboratory or facility as suitable for use in heating aircraft hangars. Those systems and devices shall be installed in the manner prescribed by and standards set forth in NFPA 70, National Electrical Code, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(a), and NFPA 409 Aircraft Hangars, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(d)). The use of portable aircraft engine heating equipment is prohibited inside any aircraft hangar. Only listed or labeled, and Federal Aviation Administration (FAA) approved, equipment shall be used.
T. Electrical Equipment and Lighting Systems.
(1) All electrical equipment shall be in accordance with NFPA 70 National Electrical Code, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(a).
(2) The use of a portable lamp assembly in any maintenance shelter or hangar without a proper protective guard or shield over the lamp assembly to prevent breakage is prohibited.
(3) A person may not keep power-operated equipment or electrical devices running at the Airport while not properly supervised.
(4) Gasoline or diesel powered generators, compressors, or other similar equipment shall be properly grounded or bonded and may not be operated in any hangar.
**Cross References**
11.03.02.02X
**History**
- *Administrative History: Effective date: October 1, 1975 (2:24 Md. R. 1479)*
- *Administrative History: Chapter revised effective December 2, 1977 (4:25 Md. R. 1912)*
- *Administrative History: Chapter recodified from COMAR 11.03.05 to 11.03.02*
- *Administrative History: Regulation .01B amended effective October 7, 1985 (12:20 Md. R. 1929)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 24, 1990 (17:25 Md. R. 2908)*
- *Administrative History: Regulation .01 amended effective November 20, 1995 (22:23 Md. R. 1802); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .01B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02 amended effective November 20, 1995 (22:23 Md. R. 1802); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02N, Q amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-1 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03-2A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective April 11, 1994 (21:7 Md. R. 531); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04V amended effective September 30, 1991 (18:19 Md. R. 2102)*
- *Administrative History: Regulation .04-1 adopted effective April 11, 1994 (21:7 Md. R. 531)*
- *Administrative History: Regulation .04-1B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .05G amended and I adopted effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05G, I amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06K amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07A amended effective May 23, 1994 (21:10 Md. R. 845)*
- *Administrative History: Regulation .08C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 20, 1995 (22:23 Md. R. 1802)*
- *Administrative History: Regulation .10B amended effective October 16, 2000 (27:20 Md. R. 1840); December 24, 2001 (28:25 Md. R. 2192); December 24, 2012 (39:25 Md. R. 1614); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .10B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Authority: Transportation Article, §§5-202.1, 5-204, 5-208, 5-426, 5-805, 5-806, and 5-819, Annotated Code of Maryland*
##### **COMAR 11.03.02.03-1** Dangerous Articles. {#sec-11.03.02.03-1 omnilex-key=us-md-regs-official--title-11--11.03.02.03-1}
A. Explosives, Corrosives, Poisons, and Radiological Materials. The storing, retaining, handling, using, dispensing, or transporting of any Class A explosive or hazardous material (as defined by the “Hazardous Material Regulation of the U.S. Department of Transportation”) requires a Special Use permit authorized by the Airport Director and issued by the fire marshal under COMAR 29.06.01.
B. Control of Explosives.
(1) Detonators such as blasting caps, electric blasting caps, and detonating primers shall be stored in a separate magazine for blasting supplies and may not be stored in a magazine with other explosive materials.
(2) Detonators shall be stored in a Type 1, 2, or 3 magazine, except that electric blasting caps having leg wires at least 4 feet long may be stored in a Type 4 magazine. Whenever specific types of magazines are required by COMAR 29.06.01, magazines of higher classifications shall be permitted to be substituted.
(3) Explosive materials that are bullet-sensitive shall be stored in a Type 1, 2, or 3 magazine.
(4) Explosive materials that are not cap-sensitive shall be stored in a Type 4 or 5 magazine.
(5) Magazines shall be in the charge of a competent person at all times who shall be at least 21 years old or a member of the Armed Services and who shall be held responsible for enforcement of all safety precautions.
(6) Magazine doors shall be kept locked, except during the time of placement and removal of stocks of explosives, or during inspection.
(7) Safety rules governing the operation of magazines shall be posted on the interior of the magazine door.
(8) Aircraft that are involved in loading, unloading, reloading, or temporary retaining of Class A explosives or blasting agents shall be parked on the Airport in areas designated by the Administration. Class B and C explosives shall be handled in the same manner when compliance is deemed necessary by the Airport Director to ensure public safety.
(9) Explosive cargo shall be ground transported to and from the designated parking areas in vehicles equipped in accordance with federal regulations.
(10) A carrier of explosive cargo shall notify the Airport Director at least 12 hours before the scheduled arrival of the aircraft involved. The Airport Director will then issue the appropriate NOTAMs.
(11) Explosives may not be stored on an aircraft which has been authorized to park in a designated area. Temporary use of the designated area by an explosive-laden aircraft or temporary use of the designated area for explosives which are ready for air shipment or which have arrived by air for further movement may be permitted for not longer than 12 hours.
**History**
- *Administrative History: Effective date: October 1, 1975 (2:24 Md. R. 1479)*
- *Administrative History: Chapter revised effective December 2, 1977 (4:25 Md. R. 1912)*
- *Administrative History: Chapter recodified from COMAR 11.03.05 to 11.03.02*
- *Administrative History: Regulation .01B amended effective October 7, 1985 (12:20 Md. R. 1929)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 24, 1990 (17:25 Md. R. 2908)*
- *Administrative History: Regulation .01 amended effective November 20, 1995 (22:23 Md. R. 1802); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .01B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02 amended effective November 20, 1995 (22:23 Md. R. 1802); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02N, Q amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-1 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03-2A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective April 11, 1994 (21:7 Md. R. 531); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04V amended effective September 30, 1991 (18:19 Md. R. 2102)*
- *Administrative History: Regulation .04-1 adopted effective April 11, 1994 (21:7 Md. R. 531)*
- *Administrative History: Regulation .04-1B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .05G amended and I adopted effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05G, I amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06K amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07A amended effective May 23, 1994 (21:10 Md. R. 845)*
- *Administrative History: Regulation .08C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 20, 1995 (22:23 Md. R. 1802)*
- *Administrative History: Regulation .10B amended effective October 16, 2000 (27:20 Md. R. 1840); December 24, 2001 (28:25 Md. R. 2192); December 24, 2012 (39:25 Md. R. 1614); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .10B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Authority: Transportation Article, §§5-202.1, 5-204, 5-208, 5-426, 5-805, 5-806, and 5-819, Annotated Code of Maryland*
##### **COMAR 11.03.02.03-2** Fueling and Defueling. {#sec-11.03.02.03-2 omnilex-key=us-md-regs-official--title-11--11.03.02.03-2}
A. General Requirements.
(1) The provisions of this section govern and control the fueling and defueling of aircraft at the Airport.
(2) A person may not fuel or defuel any aircraft while any engine of the aircraft is running.
(3) The smoking or carrying of lighted cigars, cigarettes, pipes, matches, or any open flame is prohibited within 100 feet of the site at which an aircraft is being fueled or defueled, or within 100 feet of the site of a flammable or combustible liquid spill.
(4) The operation of any electrical appliance in an aircraft is prohibited when the aircraft is being fueled or defueled.
(5) A person may not fuel or defuel an aircraft unless the aircraft and the fuel apparatus both are electrically bonded.
(6) When a fuel spill occurs at or near a fuel delivery device, the Administration shall be notified immediately. Valves and dome covers shall be shut down, and the fueling vehicle shall remain in place until the arrival of fire department vehicles. If the engine of the fueling vehicle is running at the time of the fuel spill, it shall remain running until orders otherwise are issued by the fire department incident commander at the scene. Conversely, if the engine of the fueling vehicle is shut down at the time of the fuel spill, it shall remain shut down until the fire department incident commander at the scene orders the vehicle removed. Fueling or defueling operations may not resume following a fuel spill until all affected areas are thoroughly cleaned.
(7) No person, except personnel engaged in the fueling, defueling, servicing, and operation of an aircraft, may be within 100 feet of aircraft during fueling or defueling, excluding passengers and flight crew.
(8) A person may not be in any aircraft being fueled or defueled.
(9) A material which may cause a static spark during fueling or defueling of aircraft may not be used within 100 feet of any aircraft being fueled or defueled.
(10) A person may not engage in aircraft fueling or defueling operations without fire extinguishers within ready reach.
(11) A person may not start the engine of any aircraft when there is any flammable or combustible liquid on the ground near the aircraft.
(12) A person may not fuel or defuel an aircraft with fueling hoses and other equipment or apparatus which are not in a safe, sound, and nonleaking condition.
(13) A person may not use hoses, funnels, and appurtenances in fueling and defueling operations unless the hoses, funnels, and appurtenances are equipped with a grounding or bonding device in good order to prevent ignition of flammable liquids.
(14) A person may not engage in the fueling and defueling of aircraft or the maintenance of aircraft fueling systems at a distance of less than 50 feet from any hangar or other building, unless conducted in compliance with:
(a) NFPA 410 Aircraft Maintenance, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(e); and
(b) NFPA 407 Aircraft Fuel Servicing, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(c).
(15) Use of Automotive Fuel in Aircraft Engines.
(a) Except as provided in §A(14)(b), the use of automotive fuel (MOGAS) in an aircraft engine is prohibited. The Administration, acting as the vendor of aviation fuel at the Airport, may not service any aircraft with aviation fuel (AVGAS) if it is determined that the aircraft has been fueled previously with automotive fuel (MOGAS).
(b) Permissible use of MOGAS shall be extended only to those aircraft owners/operators carrying a Supplemental Type Certificate (STC) from the Federal Aviation Administration which specifically authorizes use of MOGAS in the aircraft or if the aircraft is certified for MOGAS use by the Federal Aviation Administration.
B. Fueling Vehicles.
(1) A person may not park a fueling vehicle other than in an area assigned by the Administration, except for the accomplishment of minor adjustments or repairs necessary to move this vehicle to a designated storage area when failure occurs elsewhere on the Airport.
(2) A person may not bring, keep, or store fuel vehicles, empty or otherwise, within any building at the Airport, unless the building is properly equipped for that purpose, or, in those instances under controlled conditions, during approved fueling and defueling operations.
(3) A person may not back a fueling vehicle anywhere on the Airport, unless an attendant is present outside the fueling vehicle to assist the operator of the fueling vehicle.
C. A person may not operate or ground test airborne radar equipment in any area on the Airport, except in areas approved for these purposes, when the directional beam of high intensity radar is within 300 feet, or the low intensity beam is within 100 feet, of another aircraft, aircraft fueling operation, aircraft fueling truck, or aircraft fuel or flammable liquid storage facility.
D. The Administration shall adhere to NFPA 407 Aircraft Fuel Servicing, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(c), and NFPA 410 Aircraft Maintenance, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(e).
E. Furnace Rooms. A person may not let rubbish accumulate in the furnace rooms or any hangar or other building at the Airport. Rubbish in furnace rooms shall be collected in metal covered containers and shall be disposed of daily.
F. Clothes Lockers. A person may not install or use at the Airport a clothes locker constructed of anything besides metal. All clothes lockers shall be either secured to a wall or anchored to the floor.
**History**
- *Administrative History: Effective date: October 1, 1975 (2:24 Md. R. 1479)*
- *Administrative History: Chapter revised effective December 2, 1977 (4:25 Md. R. 1912)*
- *Administrative History: Chapter recodified from COMAR 11.03.05 to 11.03.02*
- *Administrative History: Regulation .01B amended effective October 7, 1985 (12:20 Md. R. 1929)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 24, 1990 (17:25 Md. R. 2908)*
- *Administrative History: Regulation .01 amended effective November 20, 1995 (22:23 Md. R. 1802); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .01B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02 amended effective November 20, 1995 (22:23 Md. R. 1802); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02N, Q amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-1 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03-2A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective April 11, 1994 (21:7 Md. R. 531); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04V amended effective September 30, 1991 (18:19 Md. R. 2102)*
- *Administrative History: Regulation .04-1 adopted effective April 11, 1994 (21:7 Md. R. 531)*
- *Administrative History: Regulation .04-1B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .05G amended and I adopted effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05G, I amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06K amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07A amended effective May 23, 1994 (21:10 Md. R. 845)*
- *Administrative History: Regulation .08C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 20, 1995 (22:23 Md. R. 1802)*
- *Administrative History: Regulation .10B amended effective October 16, 2000 (27:20 Md. R. 1840); December 24, 2001 (28:25 Md. R. 2192); December 24, 2012 (39:25 Md. R. 1614); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .10B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Authority: Transportation Article, §§5-202.1, 5-204, 5-208, 5-426, 5-805, 5-806, and 5-819, Annotated Code of Maryland*
##### **COMAR 11.03.02.04** Control of Vehicular Traffic on the Air Operations Area. {#sec-11.03.02.04 omnilex-key=us-md-regs-official--title-11--11.03.02.04}
A. Operating Procedure. The control of all vehicular traffic on the air operations area shall be governed by the regulations of the Administration.
B. Authority to Operate on the Air Operations Area.
(1) A person may not operate or cause to be operated any motor vehicle on the air operations area, unless this operation is directly related to an aviation activity at the Airport, to the business of the Administration, or to the business of a tenant or authorized subtenant of the Airport engaged in a business activity authorized by the Administration.
(2) A person may not drive a motor vehicle on the air operations area without proper vehicle identification as prescribed by the Administration.
(3) A person may not wash, clean, or polish a motor vehicle within the air operations area or at any point on the Airport other than that approved by the Airport Director.
C. Communication with Control Tower.
(1) A person may not drive a motor vehicle on or across an active runway or taxiway unless he maintains direct contact with and receives clearance from the control tower. If the vehicle is not equipped with an operable two-way radio on the assigned ground control frequency, it may be used on or across an active runway or taxiway only under the escort or by the instructions of another motor vehicle equipped with two-way radio able to maintain contact with the control tower or, with prior arrangement, in conformance with light signals from the control tower.
(2) Vehicles without radio equipment that have been permitted to operate on the airfield in accordance with light signals may not proceed any closer than 200 feet from the edge of any active runway without clearance from the control tower. It shall be the responsibility of all vehicle operators to recognize and understand the standard light signals used by the control tower.
D. Operations Near Aircraft.
(1) No person other than the operator of an aircraft servicing vehicle for a designated aircraft may operate a motor vehicle on the air operations area so as to pass within 20 feet of a parked aircraft.
(2) A person may not operate an aircraft servicing vehicle on the loading ramp unless the aircraft to be serviced has come to a complete stop at its designated loading position.
(3) All vehicles shall pass to the rear of taxiing aircraft.
E. Speed Limits.
(1) A person may not operate any motor vehicle, other than an emergency vehicle proceeding in response to an alarm, on the air operations area at a speed exceeding 25 miles per hour, except as otherwise posted.
(2) A person may not operate any motor vehicle on aircraft parking ramps, aprons, or in hangar areas at a speed exceeding 15 miles per hour.
(3) A person may not drive a motor vehicle within 20 feet of a parked or taxiing aircraft at a speed exceeding 5 miles per hour.
F. Careless Driving. A person may not operate a motor vehicle on the air operations area in a careless or reckless manner, but shall have regard for the width, grade, curves, corners, traffic, and use of roadways, weather conditions, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person.
G. Safety Equipment.
(1) A person may not operate a motor vehicle on the air operations area unless this vehicle is properly maintained and is equipped with the safety equipment, in operable condition, described in this section.
(2) Motor Vehicle Lights.
(a) A person may not operate a motor vehicle on the air operations area, other than a motor vehicle designed for only one headlight, unless the motor vehicle is equipped with two headlights and one or more red taillights.
(b) A person may not operate a motor vehicle on the air operations area unless the vehicle's headlights and taillights are kept lighted between the hours of sunset and sunrise and at all times when passing through unlighted or poorly lighted areas.
(c) A person may not allow a stalled motor vehicle to remain on the air operations area between the hours of sunset and sunrise unless the parking lights of the vehicle are kept on or warning lights are posted.
(d) A person may not operate a motor vehicle on the air operations area unless headlights of the vehicle are sufficient to meet State requirements.
(e) A person may not operate a baggage or cargo cart and trailers on the air operations area unless the cart is equipped with at least two yellow reflectors on each side and two red reflectors on the rear.
(f) A person may not operate a motor vehicle on a taxiway or runway unless the vehicle is equipped with United States Department of Transportation-type clearance lights and mounted to United States Department of Transportation requirements. If a vehicle configuration will not permit installation of ICC clearance lights, a single 50 candle power non-flashing red light may be used.
(g) All motor vehicles with headlights approved for operating on the air operations area shall be equipped with dimmer switches. If there is no provision for dimming headlights, they must be focused so as to strike the ground not more than 50 feet ahead of the vehicle.
(3) Motor Vehicle Brakes.
(a) A person may not operate a motor vehicle on the air operations area unless he tests the brakes of this vehicle upon approaching an aircraft within the distance necessary to avoid a collision with the aircraft if the brakes on the motor vehicle fail.
(b) A person may not operate a motor vehicle unless it is equipped with an emergency brake capable of holding the motor vehicle on a 30-degree grade.
(4) Motor Vehicle Windows and Mirrors.
(a) A person may not operate a motor vehicle on the air operations area, except specialized Airport and aircraft servicing equipment not licensed for general highway use and having an open cab which provides the driver with unobstructed 360-degree visibility, unless the vehicle is equipped with at least one mirror adjusted so that the operator of the vehicle shall have a clear view of the road behind for a distance of at least 200 feet.
(b) A person may not operate a motor vehicle on the air operations area unless the windows of the vehicle are free of cracks, blisters, discoloration, and any other defect causing distortion or obstruction of the vision of the operator.
(c) A person may not use or place posters, stickers, signs, or other objects on the windows of a motor vehicle operating on the air operations area, other than those required by the Administration or by law.
(5) All vehicles approved for operating on the air operations area shall carry an approved fire extinguisher of the type and size required by the Airport Director.
H. Emergency Vehicles and Conditions.
(1) A person operating a motor vehicle on the air operations area shall immediately yield the right-of-way to a police, ambulance, fire department, or other emergency vehicle giving an audible or visible signal.
(2) Emergency conditions existing on the air operations area will not mitigate or cancel any existing regulation.
(3) Under emergency conditions, such as an aircraft accident or fire, access to the air operations area is barred for all vehicles or persons except those whose duties require their admittance.
I. Occupants of Motor Vehicles.
(1) While on the air operations area, a person may not ride on the running board of a moving motor vehicle, stand up in the body of a moving motor vehicle, ride on the outside of the body of a moving motor vehicle, or ride on the vehicle with his arms or legs protruding from the body of the vehicle, unless the motor vehicle is so designed.
(2) A person operating a motor vehicle on the air operations area may not allow any passengers to ride in the vehicle other than those passengers permitted by these regulations or by other applicable law.
J. Tugs and Trailers.
(1) A person may not operate a trailer or semitrailer on the air operations area, unless the trailer or semitrailer is equipped with proper brakes so that when disengaged from a towing vehicle, no propeller slipstream, jet blast, or wind will cause it to become free-rolling.
(2) A person may not operate towed equipment on the air operations area unless the equipment has positive locking couplings.
K. Yielding Right-of-Way.
(1) A person operating a motor vehicle on the air operations area shall yield the right-of-way to aircraft in motion or aircraft with engines running, ready to be put in motion.
(2) A person operating a motor vehicle on the air operations area may not cross or enter motor vehicle traffic lanes without yielding the right-of-way to vehicles already in these lanes.
(3) A person operating motor vehicles on the air operations area shall observe left-to-left passing of approaching vehicles.
(4) A person operating motor vehicles on the air operations area shall yield right-of-way to emergency vehicles.
L. Traffic Control. A person may not operate a motor vehicle on the air operations area unless that person obeys all posted regulatory signs and traffic signals and all instructions by the control tower, the Airport Director, or a law enforcement officer.
M. Parking.
(1) A person may not park a motor vehicle, or motorized or other equipment, on the air operations area except at those points designated by the Administration.
(2) A person may not park a motor vehicle or other equipment on the air operations area within 15 feet of any fire hydrant or other fire control apparatus.
(3) A person may not park a motor vehicle, or motorized or other equipment, on the air operations area so as to interfere with or prevent the passage or movement of aircraft or emergency or other motor vehicles.
(4) A person may not park an unattended vehicle or other equipment adjacent to a runway, unless those motor vehicles or other equipment are parked parallel to the runway and at least 200 feet from the edge of the runway.
(5) A person may not leave a motor vehicle unattended with the engine running.
(6) A motor vehicle or other equipment on the air operations area, parked in such a manner as to create a nuisance or hazard, or interfere with aircraft operations and emergencies, may be removed to a location designated by the Airport Director, at the expense of the owner.
N. Motor Vehicle Accidents.
(1) A person operating a motor vehicle on the air operations area who is involved in an accident resulting in injury to any person or damage to any property, shall, if physically able, do the following:
(a) Stop the vehicle at the scene of the accident or as clearly as possible to it without obstructing traffic more than necessary;
(b) Notify the Airport Director;
(c) Return to and remain at the scene of the accident until he has given a full report of the same to the investigating officer;
(d) Upon request, and if physically able, exhibit to the investigating officer any permit, license, registration, or other document relevant to this accident or the persons or property involved.
(2) A person operating a motor vehicle on the air operations area who is involved in an accident as defined in §N(1) of this regulation, and the owner of the vehicle (if other than the operator), shall, if physically able, make a full written report of this accident to the Airport Director within 24 hours after the accident, and shall include the names and addresses of the persons involved, the description of the property or vehicles involved, the registration and license number of the vehicles involved, and any other information relevant to the accident.
O. Repair of Motor Vehicles. A person may not clean, repair, maintain, or overhaul any motor vehicle or motorized or other equipment on the air operations area, other than in an approved shop area, except for those repairs necessary to remove this motor vehicle or equipment from the air operations area.
P. Contractor's Access and Use of Premises.
(1) A person may not gain access to and egress from the site of construction on the airfield area in a motor vehicle or construction equipment belonging to or under the supervision of a contractor other than by routes and through gates designated by the Administration, and only during those periods of time specified in writing by the Airport Director.
(2) A person may not allow a motor vehicle or construction equipment belonging to or under the supervision of a contractor to remain at the work area at the end of the working day or to be parked overnight in any position or location where it constitutes an actual or potential hazard to aircraft or motor vehicles at the Airport. If, however, the contractor has the written authorization of the Airport Director to leave these motor vehicles or construction equipment parked overnight, they shall be marked and lighted as required.
(3) A person may not operate a motor vehicle or construction equipment belonging to or under the supervision of an Airport contractor on or across an active runway at the Airport, unless the vehicle or equipment is escorted by a motor vehicle equipped with a two-way radio in contact with the control tower or is itself so equipped.
Q. Vehicle Identification and Registration.
(1) A person may not operate a motor vehicle based at the Airport on the air operations area unless the vehicle is registered with the Airport Director, with permission obtained for the operation of the vehicle, and unless the vehicle is clearly marked with the company name, logo, or other means of identification acceptable to the Administration.
(2) A person may not operate a motor vehicle based off the Airport on the air operations area on a regular continuing basis, including but not limited to off-Airport contractor and service company vehicles, unless this person conspicuously displays in a window of the vehicle an “official permit” issued by the Administration, or is escorted by approved Administration or tenant personnel.
(3) A person may not operate a motor vehicle based off the Airport on the air operations area for the purpose of making a delivery on a one-time basis, unless the vehicle is escorted by approved Administration or tenant personnel.
(4) A person may not operate roadway-authorized motor vehicles, or vehicles without two-way radios, on the air operations area without notifying the control tower before entry.
(5) A person may not operate a two-wheeled motor vehicle on the air operations area, unless this vehicle has been approved in writing by the Airport Director.
(6) A person may not operate any motor vehicle inside a hangar unless the vehicle is specially equipped and approved by the Airport Director.
R. Driver Licensing and Permits. A person may not drive a motor vehicle on the air operations area without a currently valid driver's license issued by the State or by the jurisdiction where this person resides if other than Maryland.
S. Guidemen. A person may not operate a motor vehicle at the Airport without a guideman positioned outside the vehicle if the vision of its operator is restricted in any manner.
T. Parking Regulations.
(1) A person may not park a motor vehicle or load or unload a motor vehicle at the Airport in violation of any posted parking sign or other traffic regulation, or in such a manner as to obstruct the free movement of traffic.
(2) Vehicles shall be parked in one space only within areas that have marked spaces and lanes. Each vehicle shall leave clear access to adjacent spaces, and may not block driving lanes or create a hazard for other drivers.
(3) An area of the Airport property which has been closed by the use of barricades or other traffic control devices may not be entered by any vehicle.
U. Removal of Vehicles.
(1) A person may not abandon a motor vehicle at the Airport.
(2) Airport tenants are responsible for the prompt removal of abandoned motor vehicles from their leased premises, at the owner's expense.
(3) The Administration shall remove, at the owner's expense, any vehicle which remains parked in a limited duration parking space for a period of time which exceeds the posted time limit.
(4) The Administration may fine violators of posted signs and parking regulations adopted under Transportation Article §§5-426 and 5-427, Annotated Code of Maryland, not to exceed $50.
V. Pedestrians.
(1) A person operating a motor vehicle at the Airport shall yield the right-of-way to a pedestrian in a marked pedestrian crosswalk.
(2) A person may not park any vehicle in any marked pedestrian crosswalk.
**History**
- *Administrative History: Effective date: October 1, 1975 (2:24 Md. R. 1479)*
- *Administrative History: Chapter revised effective December 2, 1977 (4:25 Md. R. 1912)*
- *Administrative History: Chapter recodified from COMAR 11.03.05 to 11.03.02*
- *Administrative History: Regulation .01B amended effective October 7, 1985 (12:20 Md. R. 1929)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 24, 1990 (17:25 Md. R. 2908)*
- *Administrative History: Regulation .01 amended effective November 20, 1995 (22:23 Md. R. 1802); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .01B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02 amended effective November 20, 1995 (22:23 Md. R. 1802); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02N, Q amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-1 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03-2A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective April 11, 1994 (21:7 Md. R. 531); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04V amended effective September 30, 1991 (18:19 Md. R. 2102)*
- *Administrative History: Regulation .04-1 adopted effective April 11, 1994 (21:7 Md. R. 531)*
- *Administrative History: Regulation .04-1B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .05G amended and I adopted effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05G, I amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06K amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07A amended effective May 23, 1994 (21:10 Md. R. 845)*
- *Administrative History: Regulation .08C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 20, 1995 (22:23 Md. R. 1802)*
- *Administrative History: Regulation .10B amended effective October 16, 2000 (27:20 Md. R. 1840); December 24, 2001 (28:25 Md. R. 2192); December 24, 2012 (39:25 Md. R. 1614); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .10B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Authority: Transportation Article, §§5-202.1, 5-204, 5-208, 5-426, 5-805, 5-806, and 5-819, Annotated Code of Maryland*
##### **COMAR 11.03.02.04-1** Control of Landside Traffic. {#sec-11.03.02.04-1 omnilex-key=us-md-regs-official--title-11--11.03.02.04-1}
A. Governing Law. Motor vehicle operators using the public streets, ramps, roads, and highways on the Airport shall comply with the Transportation Article, Annotated Code of Maryland.
B. General Parking Regulations.
(1) Parking or standing is prohibited on all Airport roads, except in designated parking areas.
(2) An individual may not park a motor vehicle or load or unload a motor vehicle at the Airport in violation of any posted parking sign or other traffic regulation, or in such a manner as to obstruct the free movement of traffic.
(3) Motor vehicles shall be parked in one space only within areas that have marked spaces and lanes. Each motor vehicle shall leave clear access to adjacent spaces and may not block driving lanes or create a hazard for other drivers.
(4) A motor vehicle may not enter any area that is closed to vehicular traffic by the use of barricades or other traffic control devices.
(5) Leaving a motor vehicle unattended in front of the terminal building is prohibited.
(6) An individual may not abandon a motor vehicle at the Airport.
(7) An individual operating a motor vehicle at the Airport shall yield the right-of-way to a pedestrian in a marked pedestrian crosswalk.
(8) An individual may not park a motor vehicle in a marked pedestrian crosswalk.
(9) Airport tenants are responsible for the prompt removal of abandoned motor vehicles from their leased premises, at the owner's expense.
(10) The Administration shall remove, at the owner's expense, any vehicle which remains parked in a limited duration parking space for a period of time which exceeds the posted time limit.
(11) The Administration may fine violators of posted signs and parking regulations adopted under Transportation Article, §§5-426 and 5-427, Annotated Code of Maryland, not to exceed $50.
(12) In addition to these general regulations, the Airport Director may further regulate parking by posting signs or notices. Parking in violation of any sign or notice is prohibited.
(13) The responsibility for finding a legal parking space rests with the motor vehicle operator. Lack of space is no excuse for violation of these regulations.
C. Taxicabs.
(1) Taxicabs shall stand or wait only in designated or approved areas at the Airport and the operator shall remain with the taxicab.
(2) An individual operating a taxicab at the Airport may not block or interfere with the free passage of pedestrians or vehicular traffic to and from the Airport buildings.
(3) An individual may not operate a taxicab at the Airport unless the individual prominently displays within the taxicab a taxicab-driver identification license permit containing a recent discernible photograph of the driver and the telephone number of the taxicab franchise operator, the assigned taxicab number, and the driver's identification number.
D. Rental Cars.
(1) An individual may not conduct or engage in the business of renting motor vehicles on the Airport without a written contract with the Administration, except, however, a car rental company without a written contract may deliver customers to the Airport and meet prereserved customers at the Airport. Nothing in this regulation is to be construed to prevent delivery of previously reserved rental cars for arriving passengers. Evidence of previous reservation may be requested by any law enforcement officer or authorized representative of the Administration.
(2) An individual other than representatives of rental car agencies holding contracts with the Administration may not, within the boundaries of the Airport, solicit passengers for the rental of motor vehicles.
(3) Parking spaces assigned to car rental companies under written contract with the Administration shall be designated and appropriately marked. These parking spaces shall be used only to park rental cars ready for delivery to customers and for temporarily parked cars being returned by customers. Unauthorized parked motor vehicles, including those that are owned by these car rental companies, shall be cited according to the other provisions of these regulations governing vehicular traffic.
E. Operations of Motor Vehicles for Hire.
(1) An individual operating a motor vehicle to transport passengers from the Airport may not refuse or neglect to transport to any requested destination any orderly individual willing to pay the prescribed fare.
(2) An individual operating a motor vehicle for hire to transport passengers from the Airport may not charge passengers a fare in excess of the normal and customary fare in effect from the Airport to the destination, as determined by meter or published rate schedule.
F. Penalties, Fines, and Costs.
(1) Abandoned motor vehicles and vehicles parked in violation of any parking regulation, sign, or notice may be removed by the Administration at the expense and risk of the owner. Towing charges are in addition to any fines.
(2) Parking violations are subject to the following fines:
(a) Obstructing movement of traffic$35;
(b) Obstructing movement of pedestrians$35;
(c) Unattended motor vehicle$50;
(d) Meter or other time limit violation$35;
(e) Parking in other than designated areas$35;
(f) Illegally parked in handicapped area$50;
(g) Illegally parked in leased space$35;
(h) Parked in no parking area$35.
(3) Fines shall be paid or request for trial shall be requested within 15 days of issuance of the parking violation.
(4) Motor vehicles with three or more unpaid tickets against them may be impounded until all tickets have been cleared.
**History**
- *Administrative History: Effective date: October 1, 1975 (2:24 Md. R. 1479)*
- *Administrative History: Chapter revised effective December 2, 1977 (4:25 Md. R. 1912)*
- *Administrative History: Chapter recodified from COMAR 11.03.05 to 11.03.02*
- *Administrative History: Regulation .01B amended effective October 7, 1985 (12:20 Md. R. 1929)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 24, 1990 (17:25 Md. R. 2908)*
- *Administrative History: Regulation .01 amended effective November 20, 1995 (22:23 Md. R. 1802); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .01B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02 amended effective November 20, 1995 (22:23 Md. R. 1802); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02N, Q amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-1 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03-2A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective April 11, 1994 (21:7 Md. R. 531); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04V amended effective September 30, 1991 (18:19 Md. R. 2102)*
- *Administrative History: Regulation .04-1 adopted effective April 11, 1994 (21:7 Md. R. 531)*
- *Administrative History: Regulation .04-1B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .05G amended and I adopted effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05G, I amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06K amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07A amended effective May 23, 1994 (21:10 Md. R. 845)*
- *Administrative History: Regulation .08C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 20, 1995 (22:23 Md. R. 1802)*
- *Administrative History: Regulation .10B amended effective October 16, 2000 (27:20 Md. R. 1840); December 24, 2001 (28:25 Md. R. 2192); December 24, 2012 (39:25 Md. R. 1614); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .10B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Authority: Transportation Article, §§5-202.1, 5-204, 5-208, 5-426, 5-805, 5-806, and 5-819, Annotated Code of Maryland*
##### **COMAR 11.03.02.05** Commercial Activity. {#sec-11.03.02.05 omnilex-key=us-md-regs-official--title-11--11.03.02.05}
A. Soliciting or Carrying on Business. A person, unless expressly authorized in writing by the Administration, may not engage in any of the following activities in or upon any area of the Airport:
(1) Engage in any business or commercial activity;
(2) Sell or offer for sale any merchandise or service;
(3) Solicit any business or trade, including the carrying of passengers or baggage for hire;
(4) Solicit charitable contributions or funds for any purpose;
(5) Gamble or solicit gambling.
B. Commercial Photography and Recordings. No person, unless authorized by the Administration, may take still pictures, motion pictures, or sound-motion pictures or sound records or recordings for commercial purposes, other than news coverage, on the public areas of the Airport.
C. Commercial Advertising. No person, unless authorized by the Administration, may post or distribute commercial signs, advertisements, literature, circulars, pictures, sketches, drawings, handbills, or any other form of printed or written commercial matter or material at the Airport.
D. Storage of Property. Unless authorized by the Administration or otherwise provided in a lease or other written agreement, a person may not use any area of the Airport for storage of cargo, aircraft, or other property.
E. Commercial Freight Operators.
(1) A person may not operate freight-forwarding vehicles within the boundaries of the Airport unless he is authorized by the Administration.
(2) A person may not engage in air freight commercial activity at the Airport unless he is authorized by the Administration; however, an air freight operator without authorization shall be allowed to deliver freight at the Airport.
F. Maintenance and Repair of Leased Premises.
(1) The Administration shall be responsible for the maintenance, repair, and custodial services as specified in each of the tenant lease agreements.
(2) Tenants shall be responsible for repairs to leased premises which are damaged due to improper operation, misuse, or negligence of a tenant or agent, or agents, of the tenant operating under control of the tenant. Repair of the premises shall be made at the tenant's own expense.
(3) The Administration shall be notified in writing by the tenant whenever the tenant engages a contractor for the purpose of repairs and reserves the right to disapprove a contractor if there is reason to believe the contractor's performance may be unsatisfactory.
(4) Repair work shall be inspected and approved by the Administration before the release of the tenant from responsibility for the damage and repairs, whether the work was performed by the tenant or a contractor hired by the tenant.
(5) The Administration shall provide only custodial services which are specifically provided for in the contract/lease agreement between the Administration and the tenant.
G. Building Permits.
(1) Construction or modifications to existing facilities in or on State-owned property under the jurisdiction of the Administration may not be undertaken without prior issuance of a building permit.
(2) The application shall be approved and the permit issued before initiation of any construction or modification activities.
(3) The building permit shall be displayed on the construction site at all times.
(4) All building, construction, and modifications to existing or new structures shall comply with:
(a) The International Building Code, which is incorporated by reference at COMAR 11.03.01.01-1B(3);
(b) NFPA 1 Uniform Fire Code, which is incorporated by reference at COMAR 11.03.01.01-1B(1); and
(c) NFPA 101 Life Safety Code, which is incorporated by reference at COMAR 11.03.01.01-1B(2)(b).
H. Minimum Standards for Commercial Aeronautical Activities.
(1) The Administration shall establish minimum acceptable qualifications to ensure that the level and quality of service, as well as other conditions, shall be adhered to by those conducting commercial activities at the Airport.
(2) The Administration may extend the opportunity to engage in commercial aeronautical activities at the Airport to applicants who meet the Administration's published standards for those activities, providing there is available suitable space at the Airport for the conduct of these activities, and if the applicants have an Administration approved credit application.
(3) Documents Needed for Application.
(a) Applicants shall furnish the following documents when submitting a letter of application:
(i) Evidence of organizational and financial capability to provide the proposed activity;
(ii) Business and financial references; and
(iii) A copy of the applicant's annual financial report, and that of the parent company if a wholly owned subsidiary, for the last complete fiscal year showing applicant's assets and liabilities and the value of its unencumbered assets.
(b) The annual report shall be certified by a certified public accountant.
(c) If unable to provide the annual report, the applicant shall provide bank references and other records necessary to substantiate its financial status.
I. Festivals, Exhibits, and Trade Shows. A public or special event held at the Airport requires a Special Use permit authorized by the Airport Director and issued by the fire marshal in accordance with COMAR 29.06.01.
**History**
- *Administrative History: Effective date: October 1, 1975 (2:24 Md. R. 1479)*
- *Administrative History: Chapter revised effective December 2, 1977 (4:25 Md. R. 1912)*
- *Administrative History: Chapter recodified from COMAR 11.03.05 to 11.03.02*
- *Administrative History: Regulation .01B amended effective October 7, 1985 (12:20 Md. R. 1929)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 24, 1990 (17:25 Md. R. 2908)*
- *Administrative History: Regulation .01 amended effective November 20, 1995 (22:23 Md. R. 1802); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .01B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02 amended effective November 20, 1995 (22:23 Md. R. 1802); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02N, Q amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-1 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03-2A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective April 11, 1994 (21:7 Md. R. 531); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04V amended effective September 30, 1991 (18:19 Md. R. 2102)*
- *Administrative History: Regulation .04-1 adopted effective April 11, 1994 (21:7 Md. R. 531)*
- *Administrative History: Regulation .04-1B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .05G amended and I adopted effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05G, I amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06K amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07A amended effective May 23, 1994 (21:10 Md. R. 845)*
- *Administrative History: Regulation .08C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 20, 1995 (22:23 Md. R. 1802)*
- *Administrative History: Regulation .10B amended effective October 16, 2000 (27:20 Md. R. 1840); December 24, 2001 (28:25 Md. R. 2192); December 24, 2012 (39:25 Md. R. 1614); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .10B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Authority: Transportation Article, §§5-202.1, 5-204, 5-208, 5-426, 5-805, 5-806, and 5-819, Annotated Code of Maryland*
##### **COMAR 11.03.02.06** Environmental Protection and Public Health. {#sec-11.03.02.06 omnilex-key=us-md-regs-official--title-11--11.03.02.06}
A. Water Pollution. A person may not introduce or permit to be introduced into any water system or any surface or underground water at the Airport any organic or inorganic matter or deleterious substance which is injurious to human, plant, animal, fish, or other life, or property. The types of permissible quantities of discharge shall be governed by the then applicable water discharge standards as promulgated by the United States Environmental Protection Agency under the Federal Water Pollution Control Act of 1972, or by COMAR 26.08.03, whichever is the most stringent. At the earliest feasible planning stage, any proposed development shall be coordinated with the Administration in compliance with the Chesapeake Bay Critical Area Commission (COMAR 27.01).
B. Air Pollution.
(1) A person may not introduce or permit to be introduced into the atmosphere at the Airport any air contaminants or combinations of them by burning or otherwise, which are injurious to human, plant, or animal life, or property, or which in any way interfere with the operation of aircraft on the ground or in the air. The types and permissible quantities of discharge into the air shall be governed by the atmospheric discharge standards applicable at the time, as promulgated by the United States Environmental Protection Agency under the Federal Clean Air Act of 1970, or under any amendment or successor legislation to it, or by COMAR 26.11.06, whichever is the most stringent.
(2) A person may not operate a motor vehicle, and the owner of a motor vehicle may not permit it to be operated, upon the air operations area unless the engine power and exhaust mechanism is equipped, adjusted, and operated in accordance with COMAR 11.14.02.
C. Sanitary Sewage, Storm Drainage, and Industrial Waste System Pollution.
(1) A person, whether on or off premises under the jurisdiction of the Administration, may not introduce or permit to be introduced into any sanitary sewage and industrial waste or storm sewage system under the jurisdiction of the Administration, any deleterious substance which is injurious to human, plant, or animal life, or property, or which unreasonably interferes with the conduct of business at the Airport, or which in any way interferes with the maintenance or operation of the Airport. The types and permissible quantities of discharge shall be governed by the sewage discharge standards for sanitary sewage and industrial waste and storm sewage systems applicable at the time, as promulgated by the United States Environmental Protection Agency or COMAR 26.04.01—.03, whichever is the most stringent. This discharge shall be drained only into sewage receptacles provided for this purpose and disposed of in a manner approved by the Administration.
(2) A person may not deposit, discharge, or permit the discharge or disposal of oil in any manner into the storm drainage system at the Airport.
(3) A person may not deposit, throw, or discharge garbage or food containers of any kind into the storm drainage system at the Airport.
(4) A person may not place, discharge, or permit the placement or discharge of industrial waste in any manner into the storm drainage system at the Airport.
(5) A person may not apply, discharge, or deposit toxic materials from any source into the storm drainage system at the Airport, unless this application, discharge, or deposit meets all industrial waste requirements of the Water Resources Administration and of the Environmental Protection Agency.
D. Washing Vehicles and Equipment.
(1) No person other than an employee of the Administration or an Airport tenant may use the vehicle and equipment wash area at the Airport.
(2) A person may not wash or clean a personal vehicle at the Airport vehicle and equipment wash area.
(3) A person may not use the Airport vehicle and equipment wash area unless the following action is taken:
(a) All waste is disposed of in the trash container provided;
(b) No materials are left on the ramp area;
(c) Mud, dirt, and other refuse washed from a vehicle or equipment are thoroughly flushed down the open drain;
(d) The area is kept neat and presentable at all times.
(4) A person may not deposit, discharge, or permit the discharge or disposal of oil in any manner into the drain system at the Airport vehicle and equipment wash area.
(5) A person may not deposit, throw, or discharge garbage or food containers of any manner into the drain system at the Airport vehicle and equipment wash area.
(6) A person may not place, discharge, or permit the placement or discharge of industrial waste in any manner into the drain system at the Airport vehicle and equipment wash area.
E. Health Laws. A person, whether on or off the Airport, may not engage in activities affecting the Airport involving food and beverage service, drinking water service, handling, storage, or disposal of water or refuse, or any other activity having a potentially deleterious effect on food quality, water quality, air quality, or sanitary sewage and industrial waste or storm sewage systems, unless this person fully complies with the applicable health laws and regulations of the United States and with Health-General Article, Title 21, Subtitles 2—10, Annotated Code of Maryland.
F. Food and Beverage Service and Related Activities.
(1) Only fully licensed food and beverage services shall provide service on or for the Airport or any aircraft.
(2) A person may not design or construct any establishment for the conduct of food or beverage service at the Airport other than according to the regulations of the Maryland Department of Health.
G. Aircraft Drinking Water.
(1) A person may not operate a water piping system in aircraft servicing areas unless the system is under adequate positive pressure at all times with a vacuum break to prevent siphoning. There may not be cross-connections between the potable water system and a system of questionable quality. All drinking and culinary water used in connection with the operation of aircraft in interstate, intrastate, or foreign commerce shall come from sources approved by the United States Public Health Service and the Maryland Department of the Environment. The installation of all aircraft water piping systems shall comply with the requirements established by these agencies.
(2) A person may not use hoses to deliver potable water to aircraft, unless these hoses are constructed of the material and stored and handled in the manner prescribed by the United States Public Health Service.
H. Aircraft Toilet Waste.
(1) No person at the Airport may discharge the sewage accumulated in the fixed waste retention tank aboard an aircraft other than through a flexible hose, with a water-type connection to a portable water-type tank; and no person may flush the retention tank by direct connection to the portable water distribution system at the Airport.
(2) A person may not remove a toilet waste bucket from an aircraft, unless the contents are enclosed or covered while being transported to the Airport sanitary disposal facility for emptying and cleaning.
(3) A person may not use a water hydrant at the Airport to service a toilet waste truck or cart.
(4) A person may not operate at the Airport an aircraft soil discharge line or soil tank servicing equipment unless all connections are equipped with positive seals to prevent spillage.
(5) A person may not operate a defective aircraft soil discharge valve or defective soil tank servicing equipment at the Airport. When a defect in the valve or equipment results in soil spillage, the aircraft or equipment owner or operator shall immediately clean and decontaminate the equipment and ground area soiled. The defective components shall be repaired or replaced before the discharge valve or servicing equipment is placed back in service.
(6) A person may not operate a toilet waste tank truck at the Airport unless, upon notification by the Administration, the person makes all alterations to this truck as the Administration deems necessary for the sanitary operation of the aircraft toilet waste disposal system.
I. Aircraft and Airport Solid Waste.
(1) A person may not supply or maintain receptacles at the Airport for the storage of aircraft galley paper and liquid waste or for the storage of garbage and solid waste accumulating from operations in aircraft servicing areas, unless these receptacles are covered, leakproof, fly-tight, metal roll-away containers, or other approved types of metal packer loading containers. Containers shall be emptied not less than once daily at the Airport sanitary disposal facility. If the containers are located in aircraft servicing areas, they shall be secured so as not to create a safety hazard.
(2) A person may not supply or maintain garbage and solid waste containers in the terminal building areas unless the same are of a type and design approved by the Administration, with the design compatible to the use and location, so as to preclude odor, insects, and vermin.
(3) A person may not use open drums or containers for storage of garbage or solid waste at the Airport.
(4) A person may not improperly use or keep at the Airport any receptacle, including rubber tires, that holds water and is conducive to insect or rodent harborage or breeding.
(5) A person may not dispose of waste paper or other rubbish at the Airport unless precaution is taken to prevent this paper or other rubbish from blowing onto the air operations area.
J. Waste Removal.
(1) A person may not conduct waste removal services at the Airport without a permit from the Administration and written approval from the Maryland Department of the Environment as to the suitability of the waste removal vehicle.
(2) A person may not operate a vehicle for hauling trash, dirt, or any other waste materials at the Airport unless this vehicle is constructed so as to prevent the contents from dropping, sifting, leaking, or otherwise escaping.
(3) A person may not maintain waste, trash, or garbage compactors or containers at the Airport other than at locations approved by the Administration. All these locations shall be kept clean and sanitary at all times by the person in charge.
(4) A person may not place in receptacles provided by the Administration waste originating from other than normal operations of Administrative offices and terminal facilities at the Airport. Used tires, mufflers, tailpipes, and used oil or other liquids are included in this prohibition and will not be removed by Administration personnel. Private waste collection and removal services shall be hired for this purpose, subject to the requirements of §J(1) and (2), above.
K. Sanitation.
(1) A person may not dispose of garbage, papers, solid waste, or other forms of trash at the Airport, including cigarettes, cigars, and matches, except in receptacles provided for this purpose.
(2) A person may not dump or dispose of any fill or building material at the Airport, or in any body of water or drainage ditch serving the Airport, unless authorized by the Administration and then only in those areas and under those conditions as are specifically designated by the Airport Director.
(3) A person may not place any foreign object in any plumbing fixture of a comfort station, terminal building, hangar, or other building on the Airport.
(4) A person may not enter or work about any building at the Airport with bare feet.
**History**
- *Administrative History: Effective date: October 1, 1975 (2:24 Md. R. 1479)*
- *Administrative History: Chapter revised effective December 2, 1977 (4:25 Md. R. 1912)*
- *Administrative History: Chapter recodified from COMAR 11.03.05 to 11.03.02*
- *Administrative History: Regulation .01B amended effective October 7, 1985 (12:20 Md. R. 1929)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 24, 1990 (17:25 Md. R. 2908)*
- *Administrative History: Regulation .01 amended effective November 20, 1995 (22:23 Md. R. 1802); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .01B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02 amended effective November 20, 1995 (22:23 Md. R. 1802); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02N, Q amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-1 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03-2A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective April 11, 1994 (21:7 Md. R. 531); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04V amended effective September 30, 1991 (18:19 Md. R. 2102)*
- *Administrative History: Regulation .04-1 adopted effective April 11, 1994 (21:7 Md. R. 531)*
- *Administrative History: Regulation .04-1B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .05G amended and I adopted effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05G, I amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06K amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07A amended effective May 23, 1994 (21:10 Md. R. 845)*
- *Administrative History: Regulation .08C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 20, 1995 (22:23 Md. R. 1802)*
- *Administrative History: Regulation .10B amended effective October 16, 2000 (27:20 Md. R. 1840); December 24, 2001 (28:25 Md. R. 2192); December 24, 2012 (39:25 Md. R. 1614); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .10B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Authority: Transportation Article, §§5-202.1, 5-204, 5-208, 5-426, 5-805, 5-806, and 5-819, Annotated Code of Maryland*
##### **COMAR 11.03.02.07** Personal Conduct. {#sec-11.03.02.07 omnilex-key=us-md-regs-official--title-11--11.03.02.07}
A. Use and Enjoyment of Airport.
(1) No person, singly or in association with others, may, by his conduct or by congregating with others, prevent any other lawfully entitled person from the use and enjoyment of the Airport and its facilities or any part of them, or prevent any other lawfully entitled person from passing from place to place, or through entrances, exits, or passageways at the Airport.
(2) A person may not walk, drive a motor vehicle, or ride a bicycle upon the public areas of the Airport other than on roads, walks, or rights-of-way provided for this purpose.
(3) A person may not use roller skates or skate boards at the Airport.
(4) Smoking or carrying any lighted tobacco product in any building owned or leased by the Administration is prohibited.
(5) Any outdoor area in which smoking or carrying lighted tobacco products is permitted shall be designated by the Administration and prominently marked.
B. Preservation of Property.
(1) No person, unless duly authorized by the Administration, may destroy, injure, deface, disturb, remove, or tamper with any building, sign, equipment, fixture, marker, or any other structure or property at the Airport.
(2) A person may not injure, deface, remove, destroy, or disturb the trees, flowers, shrubs, or other vegetation at the Airport.
(3) A person may not walk on a posted lawn or seeded area of the Airport.
(4) A person may not willfully abandon any personal property at the Airport. Any person who causes damage to Airport property shall be liable for this damage, in addition to any other penalties prescribed in these regulations.
C. Handbills.
(1) A person may not affix any printed or written material or matter anywhere in the public areas and public phone booths of the Airport, except where otherwise specifically permitted or prescribed by these regulations, or unless authorized by the Administration.
(2) A person may not distribute any printed or written material or matter by placing or leaving it unattended at any location at the Airport, unless authorized by the Administration.
D. Picketing and Demonstrations.
(1) A person may not conduct picketing or demonstrations anywhere at the Airport unless permitted by the Administration and according to prescribed conditions.
(2) Persons engaged in picketing or demonstrations shall conduct these activities only in an area specified by the Airport Director.
(3) Persons engaged in picketing or demonstrations shall conduct themselves in a peaceful and orderly manner contemplated by law, without physical harm, molestation, threat, or harassment of persons, obscenities, violence, breach of peace, or other unlawful conduct.
(4) A person picketing or demonstrating may not obstruct the use of the Airport by others, or interfere with the proper, safe, orderly, and efficient operation of the Airport and activities conducted there.
(5) A person under the influence of alcohol or drugs may not picket or demonstrate.
(6) The area specified for the purpose of picketing shall be kept clean and free from all debris.
(7) Private vehicles of pickets will not be permitted to park in the vicinity of the picket line.
(8) All signs must be carried by persons in the picket line, and the size and type of sign must be approved in advance of a specified picket date, by the Airport Director.
E. Disorderly Conduct.
(1) A person may not use the terminal building or any other public area of the Airport for sleeping.
(2) A person may not sit on the floor in the terminal building or any other public area of the Airport instead of using provided accommodations.
F. Intoxication. A person may not drink any intoxicating liquors upon any portion of the Airport open to the public except in places properly designated for on-premises liquor consumption.
G. Model Aircraft.
(1) A person may not operate or release any model aircraft, rocket, kite, balloon, parachute (other than in an emergency), or other similar contrivance at or upon the Airport unless authorized by the Airport Director. This prohibition does not extend to an Airport weather station.
(2) A person may not throw, shoot, or propel any object in any manner that interferes with or endangers the safe operation of any aircraft landing at, taking off from, or operating at the Airport.
H. Animals.
(1) No person, other than a blind person with a seeing-eye dog, may enter any building on the Airport with a domestic animal unless the entry is relative to the animal's transportation by air and the animal is kept restrained by a leash or otherwise confined so as to be completely under control.
(2) A person may not enter the air operations area with a domestic animal unless the animal is kept restrained by a leash or otherwise confined so as to be completely under control.
(3) A person may not permit a domestic animal to run, roam, or be exercised on any portion of the Airport unless the animal is under the complete control of a competent handler.
(4) A person may not permit any wild animal under his control or custody to enter the Airport, except for wild animals that are to be or have been transported by air and are properly confined for air travel, without the prior approval of the Administration.
(5) A person may not hunt, pursue, trap, catch, injure, or kill any animal at the Airport, except authorized personnel engaged in an official Airport bird or animal control program.
(6) A person may not ride horseback at the Airport without authorization from the Airport Director.
(7) A person may not permit, either willfully or through failure to exercise due care or control, any animal to urinate or defecate upon the sidewalks of the Airport or upon the floor of the terminal building or any other building used in common by the public.
(8) A person may not feed or do any other act to encourage the congregation of birds or other animals on or in the vicinity of the air operations area or in structures used for the storage or maintenance of aircraft.
I. Lost Articles. Articles found in public areas at the Airport may be deposited with the Airport Director. Articles unclaimed by their proper owner shall be disposed of by the Administration.
J. Forgery and Counterfeit. A person may not make, possess, use, offer for sale, sell, barter, exchange, pass, or deliver any forged, counterfeit, or falsely altered pass, permit, identification card, certificate, placard, sign, or other authorization purporting to be issued by or on behalf of the Administration.
**History**
- *Administrative History: Effective date: October 1, 1975 (2:24 Md. R. 1479)*
- *Administrative History: Chapter revised effective December 2, 1977 (4:25 Md. R. 1912)*
- *Administrative History: Chapter recodified from COMAR 11.03.05 to 11.03.02*
- *Administrative History: Regulation .01B amended effective October 7, 1985 (12:20 Md. R. 1929)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 24, 1990 (17:25 Md. R. 2908)*
- *Administrative History: Regulation .01 amended effective November 20, 1995 (22:23 Md. R. 1802); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .01B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02 amended effective November 20, 1995 (22:23 Md. R. 1802); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02N, Q amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-1 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03-2A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective April 11, 1994 (21:7 Md. R. 531); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04V amended effective September 30, 1991 (18:19 Md. R. 2102)*
- *Administrative History: Regulation .04-1 adopted effective April 11, 1994 (21:7 Md. R. 531)*
- *Administrative History: Regulation .04-1B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .05G amended and I adopted effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05G, I amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06K amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07A amended effective May 23, 1994 (21:10 Md. R. 845)*
- *Administrative History: Regulation .08C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 20, 1995 (22:23 Md. R. 1802)*
- *Administrative History: Regulation .10B amended effective October 16, 2000 (27:20 Md. R. 1840); December 24, 2001 (28:25 Md. R. 2192); December 24, 2012 (39:25 Md. R. 1614); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .10B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Authority: Transportation Article, §§5-202.1, 5-204, 5-208, 5-426, 5-805, 5-806, and 5-819, Annotated Code of Maryland*
##### **COMAR 11.03.02.08** Airport Security. {#sec-11.03.02.08 omnilex-key=us-md-regs-official--title-11--11.03.02.08}
A. Restricted Areas. A person may not enter any part of the air operations area or any other restricted area so established or posted at the Airport, except:
(1) Persons assigned to duty or transacting business there;
(2) Crew members, and passengers under appropriate supervision of a crew member, who enter the aircraft apron for the purpose of enplaning or deplaning an aircraft;
(3) An authorized representative of the State, the Federal Aviation Administration, the National Transportation Safety Board, the Maryland Aviation Administration, or of any other governmental department or agency having proper business there;
(4) An Airport tenant or invitee of an Airport tenant in a leasehold area.
B. Security Regulations.
(1) A person may not tamper or interfere with the lock or closing mechanism of any door, window, gate, or other opening leading to the air operations area or any other restricted area at the Airport.
(2) A person may not breach any other security regulation in effect at the Airport, except under emergency conditions.
C. Weapons.
(1) A person may not carry or transport a weapon at the Airport, unless the weapon is properly packaged for shipment, except the following:
(a) Law enforcement officers of the federal government, of the State, its political subdivisions, and of the Maryland Aviation Administration and any other State agency, if weapons are required in the performance of their duties;
(b) Enplaning and deplaning passengers authorized by 49 CFR §1544.219 to carry weapons aboard aircraft;
(c) Uniformed employees of licensed security or armored transport services under contract to any tenant of the Airport, when actually transporting monies or valuables or performing assigned duties;
(d) Authorized members of the Maryland Air National Guard;
(e) Those persons authorized to wear or carry handguns, or declared exempt, pursuant to Article 27, §36E, Annotated Code of Maryland.
(2) A person may not discharge any weapon at the Airport except in the performance of official duties requiring the discharge or in the lawful defense of life or property.
(3) A person may not discharge any weapon at or near the Airport in such a manner as to cause interference with the safe taking off or landing of any aircraft.
**History**
- *Administrative History: Effective date: October 1, 1975 (2:24 Md. R. 1479)*
- *Administrative History: Chapter revised effective December 2, 1977 (4:25 Md. R. 1912)*
- *Administrative History: Chapter recodified from COMAR 11.03.05 to 11.03.02*
- *Administrative History: Regulation .01B amended effective October 7, 1985 (12:20 Md. R. 1929)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 24, 1990 (17:25 Md. R. 2908)*
- *Administrative History: Regulation .01 amended effective November 20, 1995 (22:23 Md. R. 1802); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .01B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02 amended effective November 20, 1995 (22:23 Md. R. 1802); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02N, Q amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-1 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03-2A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective April 11, 1994 (21:7 Md. R. 531); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04V amended effective September 30, 1991 (18:19 Md. R. 2102)*
- *Administrative History: Regulation .04-1 adopted effective April 11, 1994 (21:7 Md. R. 531)*
- *Administrative History: Regulation .04-1B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .05G amended and I adopted effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05G, I amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06K amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07A amended effective May 23, 1994 (21:10 Md. R. 845)*
- *Administrative History: Regulation .08C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 20, 1995 (22:23 Md. R. 1802)*
- *Administrative History: Regulation .10B amended effective October 16, 2000 (27:20 Md. R. 1840); December 24, 2001 (28:25 Md. R. 2192); December 24, 2012 (39:25 Md. R. 1614); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .10B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Authority: Transportation Article, §§5-202.1, 5-204, 5-208, 5-426, 5-805, 5-806, and 5-819, Annotated Code of Maryland*
##### **COMAR 11.03.02.09** Penalties. {#sec-11.03.02.09 omnilex-key=us-md-regs-official--title-11--11.03.02.09}
Any person who violates the provisions of these regulations, except a motor vehicle parking regulation, is guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than $500 or by imprisonment of not more than 90 days or both in the discretion of the court, except that for a violation of a motor vehicle parking regulation, the maximum fine may not exceed $50.
**History**
- *Administrative History: Effective date: October 1, 1975 (2:24 Md. R. 1479)*
- *Administrative History: Chapter revised effective December 2, 1977 (4:25 Md. R. 1912)*
- *Administrative History: Chapter recodified from COMAR 11.03.05 to 11.03.02*
- *Administrative History: Regulation .01B amended effective October 7, 1985 (12:20 Md. R. 1929)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 24, 1990 (17:25 Md. R. 2908)*
- *Administrative History: Regulation .01 amended effective November 20, 1995 (22:23 Md. R. 1802); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .01B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02 amended effective November 20, 1995 (22:23 Md. R. 1802); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02N, Q amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-1 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03-2A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective April 11, 1994 (21:7 Md. R. 531); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04V amended effective September 30, 1991 (18:19 Md. R. 2102)*
- *Administrative History: Regulation .04-1 adopted effective April 11, 1994 (21:7 Md. R. 531)*
- *Administrative History: Regulation .04-1B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .05G amended and I adopted effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05G, I amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06K amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07A amended effective May 23, 1994 (21:10 Md. R. 845)*
- *Administrative History: Regulation .08C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 20, 1995 (22:23 Md. R. 1802)*
- *Administrative History: Regulation .10B amended effective October 16, 2000 (27:20 Md. R. 1840); December 24, 2001 (28:25 Md. R. 2192); December 24, 2012 (39:25 Md. R. 1614); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .10B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Authority: Transportation Article, §§5-202.1, 5-204, 5-208, 5-426, 5-805, 5-806, and 5-819, Annotated Code of Maryland*
##### **COMAR 11.03.02.10** Certified Martin State Airport (MTN) Noise Zone. {#sec-11.03.02.10 omnilex-key=us-md-regs-official--title-11--11.03.02.10}
A. Definitions. Acoustic terminology definitions used in this regulation have the same meanings as stated in COMAR 11.03.03.01A.
B. MTN Airport Noise Zone.
(1) The MTN Airport Noise Zone is established pursuant to the Maryland Environmental Noise Act of 1974 (Transportation Article, §§5-805, 5-806, and 5-819, Annotated Code of Maryland).
(2) The Executive Director shall update and recertify the Airport Noise Zone as required, by developing contours of equal noise exposure using day-night average sound levels (L~dn~) to determine the extent of impacted land uses.
(3) The Martin State Airport — Airport Noise Zone, certified by the Executive Director, and consisting of the 65, 70, and 75 L~dn~ contours overprinted on county tax maps as follows, is incorporated by reference at COMAR 11.03.01.01-1B(6):
(a) Airport Noise Zone Map;
(b) Tax Map index;
(c) Baltimore County Tax Maps 90 and 91.
(4) The noise zone is a composite of the 65, 70, and 75 Ldn noise contours for the base year of 2025 and future years of 2030 and 2035.
(5) The noise zone reflects the projected future use of the Airport, including existing and planned projects in the Master Plan or Capital Program that influence future Airport use.
C. MTN Noise Abatement Plan.
(1) The MTN Noise Abatement Plan is established pursuant to the Maryland Environmental Noise Act of 1974 (Transportation Article, §§5-805, 5-806, and 5-819, Annotated Code of Maryland).
(2) The Executive Director shall review and update the MTN Noise Abatement Plan as required.
(3) Compliance with the MTN Noise Abatement Plan.
(a) All entities which use the Airport facilities shall comply with the MTN Noise Abatement Plan.
(b) The Maryland Air National Guard, the Maryland State Police, and local law enforcement agencies are exempt from the provisions of this regulation when operational necessity dictates noncompliance, or in the event of a State or national emergency.
(4) The elements contained in the MTN Noise Abatement Plan are as follows:
(a) Airport Noise Zone (ANZ);
(b) Control of Incompatible Development;
(c) Noise Concerns;
(d) Maryland Air National Guard (MDANG) Noise Barriers;
(e) Aircraft Maintenance Engine Run-up Areas; and
(f) Noise Abatement Procedures including Visual Flight Rules (VFR) and Instrument Flight Rules (IFR) Departures, VFR and IFR Arrivals and Traffic Patterns, Closed Traffic Patterns, and Touch-and-Go or Practice Approaches.
**History**
- *Administrative History: Effective date: October 1, 1975 (2:24 Md. R. 1479)*
- *Administrative History: Chapter revised effective December 2, 1977 (4:25 Md. R. 1912)*
- *Administrative History: Chapter recodified from COMAR 11.03.05 to 11.03.02*
- *Administrative History: Regulation .01B amended effective October 7, 1985 (12:20 Md. R. 1929)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 24, 1990 (17:25 Md. R. 2908)*
- *Administrative History: Regulation .01 amended effective November 20, 1995 (22:23 Md. R. 1802); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .01B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02 amended effective November 20, 1995 (22:23 Md. R. 1802); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .02N, Q amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-1 amended effective October 16, 2000 (27:20 Md. R. 1840); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03-2 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03-2A amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04 amended effective April 11, 1994 (21:7 Md. R. 531); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .04V amended effective September 30, 1991 (18:19 Md. R. 2102)*
- *Administrative History: Regulation .04-1 adopted effective April 11, 1994 (21:7 Md. R. 531)*
- *Administrative History: Regulation .04-1B amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .05G amended and I adopted effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05G, I amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06K amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07A amended effective May 23, 1994 (21:10 Md. R. 845)*
- *Administrative History: Regulation .08C amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 20, 1995 (22:23 Md. R. 1802)*
- *Administrative History: Regulation .10B amended effective October 16, 2000 (27:20 Md. R. 1840); December 24, 2001 (28:25 Md. R. 2192); December 24, 2012 (39:25 Md. R. 1614); August 3, 2026 (53:15 Md. R. 666)*
- *Administrative History: Regulation .10B, C amended effective April 19, 2021 (48:8 Md. R. 310)*
- *Authority: Transportation Article, §§5-202.1, 5-204, 5-208, 5-426, 5-805, 5-806, and 5-819, Annotated Code of Maryland*
### **11.03.03** Airport Noise Control Program
##### **COMAR 11.03.03.01** Definitions. {#sec-11.03.03.01 omnilex-key=us-md-regs-official--title-11--11.03.03.01}
A. Acoustic Terminology.
(1) “Annual day-night (average) sound level (L~dn~)” means for locations in the neighborhood of an airport, the day-night (average) sound level, in decibels, resulting from the effective annual average daily traffic and the utilization of runways and flight paths that affect the noise exposure at the location in question.
(2) “Average sound (noise) level (L~eq~)” means the constant sound level, in decibels, which, in a given situation and time period, would convey the same sound energy as does the actual time-varying sound during the same period. A-weighting is understood. Unless otherwise qualified, the average is reckoned over a 24-hour day, from midnight to midnight. The mathematical formulation of average sound level is as follows: If LA~(t)~ represents the value of instantaneous A-weighted sound pressure level fluctuating with time, (See Formula Table below) where t~1~ and t~2~ are, respectively, the times marking the beginning and end of the observation period over which the average is reckoned.
(3) “Contours of equal noise exposure” means the locus of points on the ground with a given noise exposure.
(4) “Data range” means for a set of 24-hour measurements of L~dn~, the difference between the highest value and the lowest value of L~dn~ in decibels.
(5) “Day-night (average) sound level (L~dn~)” means the average sound level, in decibels, reckoned over a 24-hour day with a 10 decibel weighting applied to the noise occurring during the nighttime period; that is, noise levels occurring at night are treated as though they were 10 dB higher than they actually are. The mathematical formulation of day-night sound level is as follows:
See Formula Table below.
(6) “Daytime (average sound level (L~d~)” means the average sound level, in decibels, for the 15 hour time period between 0700 and 2200 (7a.m. to 10p.m.). The mathematical formulation for daytime sound level is as follows:
See Formula Table below.
(7) “Decibel (dB)” means a division of the logarithmic scale customarily used to express the ratio of two like quantities proportional to power or energy.
(8) “Decibel scale” means a logarithmic scale used to express the ratio of two like quantities proportional to power or energy. The ratio is expressed on the decibel scale by multiplying its common logarithm by ten.
(9) “Hourly (average) sound level, (L~h~)” means the average sound level, in decibels, for a 1-hour period, usually reckoned between integral hours. There would be 24 such values per day. The mathematical formulation of hourly sound level is, for example:
See Formula Table below.
(10) “Level (L)” means the ratio, expressed on the decibel scale, of two like quantities, the second of which is a standard reference quantity.
(11) “Nighttime (average) sound level (L~p~)” means the average sound level, in decibels for the 9 hour period from 2200 to 0700 the next morning (10 p.m. to 7 a.m.). The mathematical formulation for nighttime sound level is as follows:
See Formula Table below.
(12) “Sound level (noise level) (L~A~)” means the quantity in decibels measured by an instrument satisfying the requirements of American National Standard Specifications for Sound Level Meters, S1.4-1971, or its latest revision; that is, the frequency-weighted sound pressure level obtained with the standardized “fast” dynamic characteristic and the “A” frequency weighting of the sound level meter.
(13) “Sound pressure (p)” expressed in micropascals, means a fluctuating pressure superimposed on the static atmospheric pressure in the presence of sound. Unless qualified, the term means root-mean-square sound pressure.
(14) “Sound pressure level (L~p~)” means the squared ratio, expressed the decibel scale, of the sound pressure under consideration to the standard reference pressure of 20 micropascals (= 20 micronewtons/square meter or 0.0002 dynes/square centimeter).
B. Airport Terminology. The following terms refer to physical and operational characteristics of airports:
(1) “Airport” means any airport licensed by the Administration.
(2) “Airport operator” means the licensee, or any person who is designated by the licensee as airport operator and who is made responsible to the licensee for the supervision and operation of the airport.
(3) “Effective annual average daily traffic ”EAADT" means the standard daily volume of air traffic typifying airport operations, which is determined as follows:
(a) Calculate the average number of airport operations for the 10 busiest days of the year:
See Formula Table below.
N~1~ through N~10~ being the number of operations on the 10 busiest days;
(b) Eliminate from further consideration the number of days and the number of operations at the airport which are less than N/2;
(c) The effective annual average daily traffic is the average number of daily operations for all the remaining days of the year.
(4) “Flight operation” means a single take-off, landing or flyby. (A “touch-and-go” counts as two operations.)
(5) “Licensee” means the person, firm, agency, or political subdivision to whom the airport license is issued by the Executive Director.
(6) “Start of takeoff roll” means the position on a runway where an aircraft starts to accelerate in taking off.
(7) “Threshold” means that position on a runway, seen from the approach end, designated as the first point where a landing is permitted. The first point does not necessarily coincide with the start of paving.
(8) “Utilization” means the percentage of the total number of a specific category of operations, on an annual basis, that uses a particular runway or flight track.
C. Other Terminology. Other terms concerning airport noise regulation, but not specifically related to airports or acoustics, are as follows:
(1) “Certified noise abatement plan” means a noise abatement plan accepted by the Executive Director for implementation by an airport operator.
(2) “Daytime” means 0700 to 2200 hours (7 a.m. to 10 p.m.).
(3) “Nighttime” means 2200 to 0700 hours (10 p.m. to 7 a.m.).
(4) “Noise abatement plan” means a detailed program of changes in airport operation which has as its goal the reduction or elimination of impacted land use areas.
**Cross References**
11.03.01.12A
11.03.02.10A
**History**
- *Administrative History: Effective date: August 6, 1975 (2:17 Md. R. 1192)*
- *Administrative History: Regulations .03 and .05 amended effective February 2, 1977 (4:3 Md. R. 146)*
- *Administrative History: Chapter recodified from COMAR 11.03.14 to 11.03.03*
- *Administrative History: Regulation .01B amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .01C amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .02 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03A amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .04 amended effective October 29, 1990 (17:21 Md. R. 2530); August 30, 1993 (20:17 Md. R. 1347); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05 amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Authority: Transportation Article, §§5-204(d)(4), 5-208(a) and (b), and 5-801 et seq., Annotated Code of Maryland*
##### **COMAR 11.03.03.02** Methods for Calculation and Measurement of Levels of Cumulative Noise Exposure. {#sec-11.03.03.02 omnilex-key=us-md-regs-official--title-11--11.03.03.02}
A. Authority. Transportation Article, §5-805(a), Annotated Code of Maryland, authorizes the Executive Director, by regulation, to establish methods for the calculation or measurement of cumulative noise exposure values.
B. Noise Rating. The noise rating for description of exposure to aircraft noise shall be the day-night average sound level (L~dn~).
C. Development of noise contours of equal noise exposure are to be determined using a prediction method in accordance with the procedures of §D, below. Measurements, undertaken in accordance with the procedure of §E of this regulation, may be used to confirm the locations of contours of equal noise exposure.
D. Prediction Method.
(1) Contours of equal noise exposure in terms of the day-night average sound level are to be prepared using a procedure designed to develop L~dn~ contours based on data as described in this section. The use of a particular procedure is subject to the approval of the Executive Director.
(2) Data Base. The following information is required to develop contours of equal noise exposure:
(a) Map location and dimensions of all runways and the airport property line at a scale specified by the Executive Director.
(b) Map location of landing threshold and start of takeoff roll for each direction on each runway. If there are several thresholds or start-of-roll points corresponding to different types of aircraft, these shall be noted with a clear description of the relevant aircraft types.
(c) Map locations of engine runup and maintenance areas within the airport property.
(d) Map locations of flight tracks or descriptions of departure procedures for all arriving and departing aircraft and for traffic patterns, if any. If there are different flight tracks or procedures associated with different types of aircraft, these shall all be included. The scales of any maps shall be as specified by the Administration.
(e) Special flight procedures or restrictions, including, but not limited to, airspace management, curfews, and noise abatement procedures.
(f) Effective annual average daily numbers of flight operations by type of operation (landing, takeoff, touch-and-go), by aircraft type, by gross weight for takeoffs, by runway, by flight track, and by time of day.
(g) Annual average daily number of engine maintenance runups by type, by duration, and by time of day (daytime or nighttime).
(h) Flight profiles for arriving and departing aircraft.
(i) The relationship of aircraft sound level to the distance between the aircraft and the ground location, by aircraft time and operation.
E. Measurement Method.
(1) Noise Measurement System Requirements.
(a) The system for the measurement of noise exposure shall provide the hourly sound level for each hour of the day, together with identification of the hour, and the measurement location.
(b) The overall accuracy of a noise measurement system shall be +=/-1.5 dB.
(c) The system shall be of a type approved by the Executive Director.
(2) Measurement Requirements.
(a) Measurement Conditions. Measurements shall be made when aircraft operations occur that affect the location being studied.
(b) The number of 24-hour measurements of L~dn~ shall be equal to the value given in the table below, depending on the data range in decibels for the set of measurements. For this purpose, the data range shall be determined from the field measured noise data. Noise measurements shall be continued at each location until the requirement of this article is satisfied.
| Data Range (dB) | Required Number of Measurements |
| --- | --- |
| 2 | 3 |
| 3 | 4 |
| 4 | 5 |
| 5-6 | 6 |
| 7 | 7 |
| 8 | 8 |
**Cross References**
11.03.03.04B(1)
**History**
- *Administrative History: Effective date: August 6, 1975 (2:17 Md. R. 1192)*
- *Administrative History: Regulations .03 and .05 amended effective February 2, 1977 (4:3 Md. R. 146)*
- *Administrative History: Chapter recodified from COMAR 11.03.14 to 11.03.03*
- *Administrative History: Regulation .01B amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .01C amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .02 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03A amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .04 amended effective October 29, 1990 (17:21 Md. R. 2530); August 30, 1993 (20:17 Md. R. 1347); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05 amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Authority: Transportation Article, §§5-204(d)(4), 5-208(a) and (b), and 5-801 et seq., Annotated Code of Maryland*
##### **COMAR 11.03.03.03** Limits for Cumulative Noise Exposure. {#sec-11.03.03.03 omnilex-key=us-md-regs-official--title-11--11.03.03.03}
A. Authority. Transportation Article, §5-804(a) mandates the Executive Director, by regulation, to adopt limits for cumulative noise exposure for residential land use and other categories of land use, on the basis of their noise sensitivity, with the endorsement of the Secretary of Transportation and the Secretary of the Environment and after a public hearing following 60 days notice.
B. Limits. Limits for cumulative noise exposure are hereby established
as follows:
Limits for Cumulative Noise Exposure (Annual Day-Night Average Sound Level, dB RE 20 micropascals)
| Land Use | Effective 1 July 1975 |
| --- | --- |
| (1) Residential, single and two family; mobile homes | 65 |
| (2) Residential, multifamily, dormitories | 65 |
| (3) Schools, hospitals, rest homes, homes for the aged, nursing homes | 65 |
| (4) Libraries, churches | 65 |
| (5) Transient lodging, hotels, motels | 70 |
| (6) Auditoriums, concert halls | 65 |
| (7) Sports arenas, outdoor spectator sports | 70 |
| (8) Playgrounds, neighborhood parks | 70 |
| (9) Golf courses, riding stables, water recreation, cemeteries | 75 |
| (10) Office buildings, personal, business, professional | 75 |
| (11) Commercial (retail), movie theaters, restaurants | 75 |
| (12) Commercial (wholesale, some retail), industry, manufacturing utilities | 75 |
| (13) Manufacturing, communications, (noise sensitive) | 70 |
| (14) Livestock farming, animal breeding | 75 |
| (15) Agriculture (except livestock), mining, fishing | no limit |
| (16) Aviation-related (hangars, runways, maintenance facilities) | no limit |
**Cross References**
11.03.03.04B(4)
11.03.03.04E(1)
**History**
- *Administrative History: Effective date: August 6, 1975 (2:17 Md. R. 1192)*
- *Administrative History: Regulations .03 and .05 amended effective February 2, 1977 (4:3 Md. R. 146)*
- *Administrative History: Chapter recodified from COMAR 11.03.14 to 11.03.03*
- *Administrative History: Regulation .01B amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .01C amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .02 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03A amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .04 amended effective October 29, 1990 (17:21 Md. R. 2530); August 30, 1993 (20:17 Md. R. 1347); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05 amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Authority: Transportation Article, §§5-204(d)(4), 5-208(a) and (b), and 5-801 et seq., Annotated Code of Maryland*
##### **COMAR 11.03.03.04** Duties of an Airport Operator. {#sec-11.03.03.04 omnilex-key=us-md-regs-official--title-11--11.03.03.04}
A. Authority. Transportation Article, §§5-805 and 5-806, Annotated Code of Maryland, mandates the Executive Director to establish procedures which airport operators or the intended operators of new airports shall follow in accomplishing certain required actions which need to be approved by the Executive Director. These actions include:
(1) Assessment of the noise environment created by the operation of their airports, including current conditions and projections of future usage;
(2) Delineation of the noise zone, if any, base year and future year contours of equal noise exposure, and the identification of any impacted land-use areas;
(3) Development of a plan to reduce or eliminate the impacted land-use area.
B. Development of Contours of Equal Noise Exposure.
(1) An airport operator, or the intended operator of a proposed airport, shall prepare the airport data base described by Regulation .02D(2) of this chapter. The data are to be presented as maps and supplemental information in the manner required by the Executive Director, as described in §B(2)—(4) of this regulation.
(2) Base Year Noise Contour. Contours of equal noise exposure shall be developed representing cumulative noise levels for a full 12-month period that typifies current airport operations. The base year for a proposed airport is the initial year of operation.
(3) Future Year Noise Contours. Contours of equal noise exposure shall be developed representing projected cumulative noise levels for a full 12-month period expected 5 years beyond the year of certification for all airports, and 10 years beyond the year of certification for air carrier airports.
(4) Airport Noise Zone. When base year or future year contours of equal noise exposure include land uses within which the cumulative noise exposure is equal to or greater than the lowest limit for cumulative noise exposure established in Regulation .03B of this chapter, a composite of the base and future years' noise contours shall be developed as an airport noise zone that provides the greatest protection to public health and welfare.
C. Data supporting the contours of equal noise exposure developed under §B of this regulation shall be submitted to the Executive Director according to the following schedule:
(1) Airports shall submit data when required as part of an environmental impact study or by the Administration;
(2) Airports shall submit data by July 1 of each 5th year pursuant to Transportation Article, §5-805(c), Annotated Code of Maryland.
D. The Executive Director may prepare contours of equal noise exposure at the request of the airport operator. The Executive Director shall maintain the aircraft data base described under Regulation .02D(2)(a)—(i) of this chapter.
E. Determination of Impacted Land Use Areas.
(1) An airport operator shall obtain or prepare a map at a scale specified by the Administration showing land use within the noise zone of the airport as described under §B(3) of this regulation. All land uses shall be defined in terms consistent with the land use descriptions in Regulation .03 of this chapter and pursuant to Transportation Article, §5-805, Annotated Code of Maryland. For proposed airports, the land uses are those anticipated at the time of initial airport operation.
(2) The operator shall identify impacted land-use areas, if any, and prepare a map clearly indicating the impacted land-use areas for any of the periods investigated in compliance with Transportation Article, §5-805(a)(1), (2), and (3), Annotated Code of Maryland. The Executive Director, at the request of the operator, may assist in the identification of impacted land-use areas.
(3) If no impacted land-use areas exist, or will exist for any of the periods investigated, the operator shall submit a proposal to the Executive Director for certification of a noise zone for the airport. The noise zone shall be the one that provides, by its extent, the greatest protection to the public health and welfare.
(4) If impacted land-use areas exist, or will exist for any of the periods investigated, the operator shall develop and implement a noise abatement plan in accordance with the procedures of §F of this regulation.
F. Noise Abatement Plans.
(1) The goal of a noise abatement plan is the reduction or elimination of impacted land-use area.
(2) An airport operator shall develop proposals for noise abatement plans which can meet this goal through the use of available methods in accordance with the Transportation Article, §5-805(a) and (b), Annotated Code of Maryland.
(3) Noise abatement plans shall be submitted to the Executive Director for approval and certification of the noise zone in accordance with Transportation Article, §5-805, Annotated Code of Maryland. The noise zone shall be the one that provides, by its extent, the greatest protection to the public health and welfare in accordance with Transportation Article, §5-804, Annotated Code of Maryland.
(4) Airport operators shall implement approved plans consistent with provisions of Transportation Article, §5-806, Annotated Code of Maryland.
G. Airport operators required to develop noise abatement plans shall periodically submit reports detailing progress in implementation of the approved noise abatement plans as may be deemed necessary by the Administration.
**History**
- *Administrative History: Effective date: August 6, 1975 (2:17 Md. R. 1192)*
- *Administrative History: Regulations .03 and .05 amended effective February 2, 1977 (4:3 Md. R. 146)*
- *Administrative History: Chapter recodified from COMAR 11.03.14 to 11.03.03*
- *Administrative History: Regulation .01B amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .01C amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .02 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03A amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .04 amended effective October 29, 1990 (17:21 Md. R. 2530); August 30, 1993 (20:17 Md. R. 1347); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05 amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Authority: Transportation Article, §§5-204(d)(4), 5-208(a) and (b), and 5-801 et seq., Annotated Code of Maryland*
##### **COMAR 11.03.03.05** Permits for Construction Within the Noise Zone Surrounding a State-Owned Airport. {#sec-11.03.03.05 omnilex-key=us-md-regs-official--title-11--11.03.03.05}
A. Authority. Transportation Article, §5-821, Annotated Code of Maryland, authorizes the Executive Director, by regulation, to issue permits for new construction within the noise zone surrounding State-owned airports.
B. Permits.
(1) Except as provided in §B(3) of this regulation, a person wishing to establish or construct a new structure, or to make new uses of land or structures, or to replace existing structures, or to make substantial changes in a structure or use of land, or to make substantial repairs to a structure within the noise zone surrounding a State-owned airport, shall obtain a permit from the Executive Director before the undertaking may begin.
(2) Application for the permits shall be in a form required by the Executive Director, and shall include:
(a) A full description of the project use;
(b) A description of the project location, including Maryland grid coordinates.
(3) Notwithstanding §B(1) of this regulation, the Administration may not require a person to obtain a permit to construct an addition to a residential structure in a noise zone if the:
(a) Resultant improved structure retains the same number of family dwelling units; and
(b) Addition is not made eligible for participation in those State-funded noise assistance programs established by Transportation Article, Title 5, Subtitle 12, Annotated Code of Maryland.
(4) In accordance with Transportation Article, §5-821, Annotated Code of Maryland, the Executive Director may not grant a permit if the proposed action will enlarge the size of or create an impacted land-use area or violate local land-use and zoning laws.
(5) Variances are available only in accordance with the provisions of Transportation Article, §5-822(a) and (b), Annotated Code of Maryland.
(6) For purposes of administration of this regulation the following terms are defined:
(a) “Substantial change in a structure” means any change in a residential structure when the value of the work is greater than $5,000 or when change results in additional independent living units or increased habitable floor area, or a change in a nonresidential structure when the value of the work is greater than $5,000.
(b) “Substantial repairs” means repairs other than those needed to keep existing structures in sound condition.
(7) Unless a person has an appropriate permit issued by the Administration or a variance granted by the Board of Airport Zoning Appeals, a political subdivision may not approve a final subdivision plan or issue any permit that is prerequisite to the construction of improvements in a noise zone established pursuant to Transportation Article, §5-821, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: August 6, 1975 (2:17 Md. R. 1192)*
- *Administrative History: Regulations .03 and .05 amended effective February 2, 1977 (4:3 Md. R. 146)*
- *Administrative History: Chapter recodified from COMAR 11.03.14 to 11.03.03*
- *Administrative History: Regulation .01B amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .01C amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .02 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03A amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .04 amended effective October 29, 1990 (17:21 Md. R. 2530); August 30, 1993 (20:17 Md. R. 1347); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05 amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Authority: Transportation Article, §§5-204(d)(4), 5-208(a) and (b), and 5-801 et seq., Annotated Code of Maryland*
##### **COMAR 11.03.03.06** Severability. {#sec-11.03.03.06 omnilex-key=us-md-regs-official--title-11--11.03.03.06}
The provisions of these regulations are intended to be severable, and the finding by any court that any provision is invalid may not affect the validity of the remaining portions, except to the extent that the court finds the remaining portions alone are incomplete and incapable of being enforced.
**History**
- *Administrative History: Effective date: August 6, 1975 (2:17 Md. R. 1192)*
- *Administrative History: Regulations .03 and .05 amended effective February 2, 1977 (4:3 Md. R. 146)*
- *Administrative History: Chapter recodified from COMAR 11.03.14 to 11.03.03*
- *Administrative History: Regulation .01B amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .01C amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .02 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .03A amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .04 amended effective October 29, 1990 (17:21 Md. R. 2530); August 30, 1993 (20:17 Md. R. 1347); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05 amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Authority: Transportation Article, §§5-204(d)(4), 5-208(a) and (b), and 5-801 et seq., Annotated Code of Maryland*
### **11.03.04** Aeronautical Regulations
##### **COMAR 11.03.04.01** Authority. {#sec-11.03.04.01 omnilex-key=us-md-regs-official--title-11--11.03.04.01}
These regulations are issued under the authority granted to the Maryland Aviation Administration by the Transportation Article, §5-202, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: January 1, 1976 (2:28 Md. R. 1681)*
- *Administrative History: Chapter recodified from COMAR 11.03.15 to 11.03.04*
- *Administrative History: Regulation .03 amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .05 amended effective October 19, 1979 (6:21 Md. R. 1709)*
- *Administrative History: Regulation .05 repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: Regulation .06B amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07B, D amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07F, I amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10A amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .10B amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .11 amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Authority: Transportation Article, §5-208, Annotated Code of Maryland*
##### **COMAR 11.03.04.02** Definitions. {#sec-11.03.04.02 omnilex-key=us-md-regs-official--title-11--11.03.04.02}
A. “Administration” means the Maryland Aviation Administration of the Maryland Department of Transportation.
B. “Airport” refers to a combination of one or more designated landing areas and any surrounding support facilities.
C. “Commercial use airport” means any airport which:
(1) Charges landing or tie down fees;
(2) Sells aviation fuel or oil;
(3) Rents space;
(4) Sells goods or services, whether for profit or not;
(5) Engages in any activity for which fees are charged or payment is received; or
(6) Engages in any combination of the above activities.
D. “Designated landing area” means any surface on land, on water, or on a structure which is specifically adapted and maintained for the landing and taking off of aircraft. It does not include a location used only as the point of departure or only as the destination of an aircraft operation.
E. “FAA” means Federal Aviation Administration.
F. “Noncommercial use airport” means any airport which is not a commercial use airport.
G. “Occasional guest” when used in conjunction with an airport, means any individual invited to use an airport for infrequent, irregular flight operations.
H. “Person” means any:
(1) County, municipal corporation, or other political subdivision of the State or any of their units;
(2) Individual receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind; or
(3) Partnership, firm, association, public or private corporation, or any other entity.
I. “Private use airport” means any airport which the owner or person having a right of access and control authorizes use only to specific designated individuals and occasional guests.
J. “Public use airport” means any airport, whether privately or publicly owned, which the owner or persons having a right of access and control invite, encourage, or allow flight operations by the public. Any airport that is not a private use airport is a public use airport.
**History**
- *Administrative History: Effective date: January 1, 1976 (2:28 Md. R. 1681)*
- *Administrative History: Chapter recodified from COMAR 11.03.15 to 11.03.04*
- *Administrative History: Regulation .03 amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .05 amended effective October 19, 1979 (6:21 Md. R. 1709)*
- *Administrative History: Regulation .05 repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: Regulation .06B amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07B, D amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07F, I amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10A amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .10B amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .11 amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Authority: Transportation Article, §5-208, Annotated Code of Maryland*
##### **COMAR 11.03.04.03** Purpose. {#sec-11.03.04.03 omnilex-key=us-md-regs-official--title-11--11.03.04.03}
In order to further the public interest and aeronautical progress, provide for the protection and promotion of safety in aeronautics, contribute to the principle of effecting uniform regulations of aeronautics, and in order that those engaged in aeronautics of every character may so engage with the least possible restriction consistent with the safety and rights of others, these regulations have been adopted by the Maryland Aviation Administration of the Maryland Department of Transportation. (Reference: Transportation Article, §§5-102(a) and 5-208, Annotated Code of Maryland.)
**History**
- *Administrative History: Effective date: January 1, 1976 (2:28 Md. R. 1681)*
- *Administrative History: Chapter recodified from COMAR 11.03.15 to 11.03.04*
- *Administrative History: Regulation .03 amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .05 amended effective October 19, 1979 (6:21 Md. R. 1709)*
- *Administrative History: Regulation .05 repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: Regulation .06B amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07B, D amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07F, I amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10A amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .10B amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .11 amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Authority: Transportation Article, §5-208, Annotated Code of Maryland*
##### **COMAR 11.03.04.04** Aircraft Operation. {#sec-11.03.04.04 omnilex-key=us-md-regs-official--title-11--11.03.04.04}
A. Licensed Airports. Except in emergency situations, a person may not conduct any aircraft operations at a licensed airport other than those in conformity with the airport traffic pattern, ground traffic rules, and noise abatement procedures developed by the airport manager.
B. Public Property.
(1) Public Property: Commercial Operation. Aircraft may not be operated commercially from any public land or water owned or controlled by the State unless the landing area has been approved by the Administration.
(2) Public Land: Noncommercial Operation.
(a) State Land. Aircraft may not operate from any State land unless prior approval is obtained from the Administration.
(b) Other Public Land. Aircraft may not be operated from any public land, not owned or controlled by the State, unless prior approval is obtained from the political subdivision owning or controlling the land.
(3) Public Waters: Noncommercial Operation.
(a) Except as specifically restricted in this regulation, public waters controlled by the State are available for noncommercial seaplane use.
(b) Seaplanes may not take-off and land on the designated portions of the following bodies of water:
(i) Chester River — Rock Hall Harbor Queenstown Creek Winchester Creek.
(ii) Deal (Herring Bay) — Rockhold Creek from the entrance Buoy Fl. R "2" to the headwaters.
(iii) Choptank River — Knapp Narrows Buoy Fl. R "4" to Fl. R "6".
(iv) Tred Avon River — Oxford Harbor.
(v) Wicomico River — From lighted beacon "57" at Harbor Point to head of the Wicomico River and tributaries thereof.
(vi) Crisfield Harbor — From the entrance to the headwaters of Somers Cove.
(vii) Patuxent River — Solomons Island Harbor from the entrance Buoy N "4" and all tributaries thereof.
(viii) Potomac River — St. Patricks Creek (1.3 miles north of northern tip of St. Clements Island) from day-markers "3" and "4" to the headwaters, including tributaries thereof.
St. Catherines Sound — White Neck Creek from White Neck Pt. to headwaters and all tributaries thereof.
Cobb Island — Neale Sound, beginning at the eastern entrance Buoy Fl. R 4 sec "2" extending through the entire sound and its tributaries to Fl. 4 sec "72" on the western end.
(c) Unless prior written permission is obtained from the Secretary of Natural Resources and the Pennsylvania Power and Electric Co., seaplane operations may not be conducted on Deep Creek Lake in Garrett County.
(d) Seaplanes may not operate from bodies of water controlled by political subdivisions without the prior approval of the appropriate political subdivision.
(e) The following bodies of water are controlled by political subdivisions:
(i) Loch Raven Reservoir;
(ii) Pretty Boy Reservoir;
(iii) Liberty Reservoir;
(iv) Triadelphia Reservoir;
(v) Rocky Gorge Reservoir;
(vi) Rocky Gap Reservoir Cumberland;
(vii) Savage River Reservoir Bloomington;
(viii) Youghiogheny Lake — Selbyport/Friendsville Maryland/Pennsylvania.
**History**
- *Administrative History: Effective date: January 1, 1976 (2:28 Md. R. 1681)*
- *Administrative History: Chapter recodified from COMAR 11.03.15 to 11.03.04*
- *Administrative History: Regulation .03 amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .05 amended effective October 19, 1979 (6:21 Md. R. 1709)*
- *Administrative History: Regulation .05 repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: Regulation .06B amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07B, D amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07F, I amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10A amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .10B amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .11 amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Authority: Transportation Article, §5-208, Annotated Code of Maryland*
##### **COMAR 11.03.04.05** Repealed. {#sec-11.03.04.05 omnilex-key=us-md-regs-official--title-11--11.03.04.05}
**History**
- *Administrative History: Effective date: January 1, 1976 (2:28 Md. R. 1681)*
- *Administrative History: Chapter recodified from COMAR 11.03.15 to 11.03.04*
- *Administrative History: Regulation .03 amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .05 amended effective October 19, 1979 (6:21 Md. R. 1709)*
- *Administrative History: Regulation .05 repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: Regulation .06B amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07B, D amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07F, I amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10A amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .10B amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .11 amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Authority: Transportation Article, §5-208, Annotated Code of Maryland*
##### **COMAR 11.03.04.06** Airports: General. {#sec-11.03.04.06 omnilex-key=us-md-regs-official--title-11--11.03.04.06}
A. Public Safety. The Administration may not issue or renew an airport license or registration if operations conducted at the airport seriously impair public safety.
B. License or Registration Required.
(1) A person may not operate an airport without an airport license or registration unless exempted by:
(a) The Transportation Article, §5-302(a), Annotated Code of Maryland; or
(b) Regulation .09, Airports: Specific Exemptions.
(2) A person may not operate a public-use airport without a public-use airport license. See Table I: Airport Standards.
(3) A person may not operate a private-use, commercial-use airport without a commercial-use airport license. See Table I: Airport Standards.
(4) A person may not operate a private-use, noncommercial-use airport
without an airport registration. See Table I: Airport Standards.
| TABLE I: Airport Standards | | |
| --- | --- | --- |
| | Commercial Use | Noncommercial Use |
| Public Use | (1) Public-use license required. | (1) Public-use required. |
| (2) Must meet or exceed the public-use minimum standards and comply with any restrictions imposed by the Administration. | (2) Must meet or exceed the public-use minimum standards and comply with any restrictions imposed by the Administration. | |
| Private Use | (1) Commercial-use license required. | (1) Registration required. |
| | (2) Must meet or exceed the commercial use minimum standards and comply with any restrictions imposed by the Administration. | (2) Must comply with any restrictions imposed by the Administration. |
C. Approval of Local Governing Body. A person may not operate an airport without land use approval from the local governing body if that body has an airport zoning ordinance.
D. Approval of FAA. An airport may not be licensed or registered without airspace approval by the FAA.
E. Depiction on Aeronautical Charts. Public use airports shall be shown on aeronautical charts and listed in airport directories. Private use airports may be shown on aeronautical charts and listed in airports' directories if they carry the notation “Private” or a symbol conveying the same meaning. Private use airports may be listed or shown only to provide information to aid aircraft in distress.
F. Tampering with Airport Property. A person may not tamper with any airport property.
G. Administration Testimony. The Administration, upon request by the local governing body, may provide, at its discretion, expert testimony as to the safety of any particular airport. Nothing in these regulations waives the rights granted by the Transportation Article, §5-211, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: January 1, 1976 (2:28 Md. R. 1681)*
- *Administrative History: Chapter recodified from COMAR 11.03.15 to 11.03.04*
- *Administrative History: Regulation .03 amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .05 amended effective October 19, 1979 (6:21 Md. R. 1709)*
- *Administrative History: Regulation .05 repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: Regulation .06B amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07B, D amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07F, I amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10A amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .10B amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .11 amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Authority: Transportation Article, §5-208, Annotated Code of Maryland*
##### **COMAR 11.03.04.07** Airports: License. {#sec-11.03.04.07 omnilex-key=us-md-regs-official--title-11--11.03.04.07}
A. Scope. This regulation prescribes minimum licensed airport safety standards. For requirements concerning the airport noise control program, see COMAR 11.03.03, Airport Noise Control Program.
B. General.
(1) Airport Licensee Responsibility. The airport licensee is responsible for operating and maintaining the airport in compliance with State law.
(2) Appointment of Airport Manager. The airport licensee shall appoint an airport manager and notify the Administration of the appointment.
(3) License Display. The airport licensee shall prominently display the airport license at the airport or, if there are no buildings at the airport, at the office of the airport manager.
(4) Renewal. The airport license may be renewed annually.
(5) Transfer of License. An airport license may not be transferred either in its ownership or geographical location, unless the transfer is approved by the Administration.
(6) Liability Insurance.
(a) The owner of any aircraft based or hangared in this State may not operate or allow the operation of that aircraft without a liability insurance policy in force which covers the owner and the pilot for claims by passengers or other persons for injuries to them and their property which might arise out of the operation of the aircraft.
(b) The liability insurance policy shall provide coverage for a minimum of:
(i) $50,000 bodily injury per individual;
(ii) $100,000 bodily injury per accident; and
(iii) $50,000 property damage protection.
(7) Roster of Aircraft.
(a) All airports operated in this State shall maintain a roster of all aircraft based or hangared at that airport.
(b) The roster shall include, for each aircraft, the following:
(i) The “N” number, type, and model;
(ii) The name and address of the owner or operator;
(iii) The period of time which the aircraft has been hangared at the airport;
(iv) The insurance policy or binder number;
(v) The name of the insurance company shown on the policy; and
(vi) The name of the agent or broker.
(c) The above information shall be made available to the Administration at the annual on-site inspection to determine whether an airport is in compliance with the Transportation Article, §5-1002, Annotated Code of Maryland.
(8) Discrimination or Segregation. All services performed at every licensed airport shall be without discrimination or segregation as to race, creed, color, national origin, or sex.
(9) Waivers. Every waiver of an airport requirement shall be stated on the face of the airport license and every waiver granting a substantial deviation from these regulations shall be listed in the State airport directory.
(10) Existing Licensed Airports. The Administration shall waive any portion of these regulations for every existing airport licensed as of the effective date of these regulations if the application of the regulation would be an undue burden on the licensee and is not required in the interest of public safety. However, an airport seeking relicensing after a lapse of more than 30 days shall meet the requirements of these regulations.
C. Airport Manager.
(1) Availability of Airport Manager. The airport manager, or his authorized representative, shall be at the airport, or shall post how he can be contacted, during all hours of operation.
(2) Marking Dangerous Areas. If, for any reason, a landing area becomes dangerous or unusable, the manager shall mark each danger area with appropriate markers or close the landing area with an “X” clearly visible from pattern altitude.
(3) Notice to Airmen. The manager shall file a Notice to Airmen (NOTAM) with the FAA designating any change in airport conditions that may affect safety.
(4) Hazards and Zoning Changes. The manager shall advise the Administration of any proposed construction or zoning change near the airport that may affect safety or airport use.
(5) Local Procedures. The manager shall prominently display the airport traffic pattern, ground traffic rules, noise abatement procedures, and any special orders relating to the airport and its operation at a prominent location on the airport.
D. Site Approval.
(1) Scope. Approval of a site by the Administration entitles the airport operator to an airport license upon completion of the airport, if all the requirements in the site approval and these regulations have been met. (Reference: Transportation Article, §5-303, Annotated Code of Maryland)
(2) Application. Any person desiring to establish a licensed airport may apply on a form provided by the Administration. Applications for site approvals shall include:
(a) Name, address, and telephone number of applicant;
(b) Proposed use of airport;
(c) Location of the site;
(d) Schematic drawing of the proposed airport layout with airport dimensions shown;
(e) Location of obstructions over 150 feet high within a 1-mile radius;
(f) Airport noise control program data as required by COMAR 11.03.03 (for public-use airports only).
E. Temporary Commercial Use License. A temporary airport license for a period of not more than 30 days may be issued for commercial purposes if the designated landing area is inspected by the Administration and found to be safe for use by the type of aircraft and for the type of operation specified in the request for the temporary license.
F. Minimum Standards: Public-Use Airport.
(1) Scope. Every licensed public use airport that is not specifically limited to the landing and taking off of a special category of aircraft shall meet or exceed these standards.
(2) General Items.
| Item | Minimum Standard |
| --- | --- |
| (a) Runway: | |
| Length (paved) | 2000 feet |
| Length (turf) | 2000 feet |
| Width (paved) | 50 feet |
| Width (paved): Runway restricted to visual flight rules traffic | 40 feet |
| Width (turf) | 75 feet |
| Longitudinal grade | 2 percent or less |
| Graded width | 100 feet |
| (b) Separations: | |
| Runway centerline to taxiway centerline | 100 feet |
| Runway centerline to buildings | 150 feet |
| Runway centerline to tie down or apron area | 125 feet |
| (c) Runway lighting (if operated at night): | |
| Number of threshold lights (each end of runway) | 3 on each side |
| Maximum longitudinal spacing | 200 feet |
| Maximum distance off runway edge | 15 feet |
| (d) Taxiway width | 15 feet |
| (e) Wind direction indicator: | |
| wind cone | Required |
| Lighted wind cone or lighted tetrahedron (if operated at night) | Required |
| (f) Segmented circle (with any nonstandard landing pattern indicated) | Required |
| (g) Obstruction lights | As necessary |
| (h) Fueling area: | |
| Fire extinguisher | Required |
| Grounding clamps | Required |
| “No Smoking” signs | Required |
| (i) First aid kit | Required |
| (j) Telephone (with emergency number posted) | Required |
| (k) Shelter for pilots and crewmembers | Required |
(3) Surface. The landing surface shall be smooth and free from hazards or obstructions.
(4) Obstruction-Free Approach Surface.
(a) An obstruction-free approach surface is an imaginary surface, established in relation to designated landing area, above which there are no obstructions to aerial navigation.
(b) The obstruction-free approach surface shall have a 20:1 slope with a 200-foot clear zone inner width and a 10:1 flare for each side. This standard obstruction-free approach surface is depicted in Diagram 1: Runway and Obstruction Free Approach Surface Configurations.
(5) Runway Visibility. The runway shall be in such condition that two airplanes at rest on the same runway are visible to each other except at airports where traffic control exists and is exercised.
(6) Lighting. If the airport is advertised as lighted for night operations, the lights shall be made available for use from dusk until dawn.
(7) Runway Marking.
(a) Nonpaved Runways. Markers shall be placed 200 feet apart outlining the length of landing surface on both sides. Thresholds shall be marked with at least four markers of a type approved by the Executive Director on each side of the landing area where the effective length commences. The threshold markers shall be 5 feet apart and placed on line 90 degrees to the runway heading.
(b) Paved Runways. Marking shall conform to current FAA standards.
(8) State Supplied Safety Equipment. The licensee shall install and operate any safety equipment, such as rotating beacons, wind cones, or other equipment supplied by the Administration.
(9) Compliance with National Standards. To promote uniform airport standards, every licensed airport with a runway over 3,200 feet long shall substantially comply with the airport design standards recommended in the “Airport Design FAA Advisory Circular 150/5300-13”, which is incorporated by reference at COMAR 11.03.01.01-1B(8). Deviations from these recommended standards shall be properly justified by the airport operator before a license will be issued by the Administration.
(10) FAA Certification Program. Airports fulfilling the requirements of the FAA airport certification program meet or exceed the minimum standards for a public-use airport.
G. Minimum Standards: Commercial-Use Airport.
(1) Scope. Every licensed commercial-use airport that is not specifically limited to the landing and taking off of a special category of aircraft shall meet or exceed these standards.
(2) General Items.
| Item | Minimum Standard |
| --- | --- |
| (a) Runway: | |
| Length (paved) | 1,500 feet |
| Length (turf) | 1,500 feet |
| Width (paved) | 30 feet |
| Width (turf) | 50 feet |
| Graded width | 75 feet |
| (b) Clearance over adjoining land (unless waived by property owner) | 20 feet |
| (c) Wind direction indicator | Required |
(3) Surface. The landing area shall present a surface which may be used for the landing and take-off of aircraft without undue hazard.
(4) Obstruction-Free Approach Surface. The obstruction-free approach surface minimum standards for a commercial-use airport are the same as the public-use airport obstruction free approach surface minimum standards (see Diagram 1).
H. Minimum Standards: Public-Use or Commercial-Use Seaplane Base.
(1) Scope. Every licensed airport specifically adapted for the landing and taking off of seaplanes shall meet or exceed these standards.
(2) Size. The body of water shall have a minimum effective length of at least mile and shall be of sufficient width and depth to permit the safe operation of aircraft on the surface.
(3) Boundary Markers. The area available for landing and take-off and for taxiing, when required in the interest of safety, shall be marked in a way approved by the Administration, or as may be required by the marine traffic regulations of the authority having jurisdiction.
(4) Hazards. Every hazard in the approach or landing area, including underwater obstructions, shall be marked in a way approved by the Administration.
(5) Wind Indicator. Every public-use seaplane base shall be equipped with a wind indicator which is clearly visible from pattern altitude. If night operations are conducted, the wind indicator shall be lighted.
(6) Minimum Facilities and Equipment. Every licensed seaplane base shall be equipped with, as a minimum:
(a) A dock ramp, or float, suitable for the loading of seaplanes;
(b) An immediately available life preserver of the ring or throw type with sufficient line attached;
(c) An immediately available boat and operable motor while student training flights are in progress.
I. Minimum Standards: Public-Use or Commercial-Use Heliport. To promote uniform heliport standards, every licensed heliport shall substantially comply with the appropriate recommendations in the “Heliport Design FAA Advisory Circular 150/5390-2”, which is incorporated by reference at COMAR 11.03.01.01-1B(9).
J. Minimum Standards: Public Use or Commercial-Use Airport (Nonconventional Aircraft). Every licensed airport specifically adapted for the landing and taking off of airships, balloons, gliders, STOL aircraft, or other nonconventional types of aircraft not specifically provided for in these regulations shall meet or exceed the minimum safety requirements the Administration will prescribe for each application. These minimum safety requirements will be prescribed in light of the special operating characteristics of the specific nonconventional aircraft, the location and condition of the airport, and any other circumstances that may affect public safety.
**History**
- *Administrative History: Effective date: January 1, 1976 (2:28 Md. R. 1681)*
- *Administrative History: Chapter recodified from COMAR 11.03.15 to 11.03.04*
- *Administrative History: Regulation .03 amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .05 amended effective October 19, 1979 (6:21 Md. R. 1709)*
- *Administrative History: Regulation .05 repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: Regulation .06B amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07B, D amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07F, I amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10A amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .10B amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .11 amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Authority: Transportation Article, §5-208, Annotated Code of Maryland*
##### **COMAR 11.03.04.08** Airports: Registration. {#sec-11.03.04.08 omnilex-key=us-md-regs-official--title-11--11.03.04.08}
A. Restrictions.
(1) The airport operations may not endanger lives or property on the ground.
(2) The airport operations may not interfere with other authorized use of the navigable airspace.
(3) If published manufacturer's specifications exist for the aircraft operating from the airport, the airport shall be of sufficient size to meet the specifications.
B. Minimum Standards. The airport operator may not be required to exceed the minimum standards of a commercial-use airport for the same class of aircraft.
**History**
- *Administrative History: Effective date: January 1, 1976 (2:28 Md. R. 1681)*
- *Administrative History: Chapter recodified from COMAR 11.03.15 to 11.03.04*
- *Administrative History: Regulation .03 amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .05 amended effective October 19, 1979 (6:21 Md. R. 1709)*
- *Administrative History: Regulation .05 repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: Regulation .06B amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07B, D amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07F, I amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10A amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .10B amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .11 amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Authority: Transportation Article, §5-208, Annotated Code of Maryland*
##### **COMAR 11.03.04.09** Airports: Specific Exemptions. {#sec-11.03.04.09 omnilex-key=us-md-regs-official--title-11--11.03.04.09}
A. Agricultural Airstrips (Agstrips).
(1) An agstrip is any designated landing area maintained solely for temporary or occasional use by aircraft engaged in aerial application of chemicals, fertilizers, or other substances to agricultural or forest lands.
(2) If an agstrip is in an area where operations do not endanger lives or property on the ground and do not interfere with other authorized use of navigable airspace, the agstrip need not be approved, licensed, or registered by the Administration.
(3) Responsibility for the agstrip rests solely with the user, who shall comply with the following:
(a) Use for any aeronautical purpose other than agricultural or forest aerial application is prohibited;
(b) Prior permission from the property owner shall be obtained;
(c) The strip shall be of sufficient size to accommodate the aircraft operating off the strip;
(d) Persons and property on the ground may not be endangered.
B. Balloon and Glider Landing Areas. If a balloon or glider landing area is located where operations do not endanger lives or property on the ground and do not interfere with other authorized use of the navigable airspace, the landing area need not be approved, licensed, or registered by the Administration. Operations at the landing area shall be carried out in a prudent manner and with due regard for safety.
C. Emergency Landing Areas. None of the airport standards prescribed by these regulations apply to aircraft operation in an emergency situation by public safety agencies, such as those with police and fire control responsibilities, or by a private or commercial operator when performing these functions under contract or control to a public safety agency, if a landing and take-off is necessary to protect life or property. These operations shall be carried out in a prudent manner and with due regard for safety.
**Cross References**
11.03.04.06B(1)(b)
**History**
- *Administrative History: Effective date: January 1, 1976 (2:28 Md. R. 1681)*
- *Administrative History: Chapter recodified from COMAR 11.03.15 to 11.03.04*
- *Administrative History: Regulation .03 amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .05 amended effective October 19, 1979 (6:21 Md. R. 1709)*
- *Administrative History: Regulation .05 repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: Regulation .06B amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07B, D amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07F, I amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10A amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .10B amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .11 amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Authority: Transportation Article, §5-208, Annotated Code of Maryland*
##### **COMAR 11.03.04.10** Waivers. {#sec-11.03.04.10 omnilex-key=us-md-regs-official--title-11--11.03.04.10}
A. Administration Authority. Except for the provisions of Regulation .07B(6) which may not be waived, the Administration reserves the right to waive any portion of these regulations. However, a waiver shall be granted only after the Administration determines that the waiver is in the best interest of the aviation public and does not endanger public safety.
B. Application Procedure. A person desiring a waiver of these regulations may contact: Director of Regional Aviation Assistance, Maryland Aviation Administration, Post Office Box 8766, Baltimore/Washington International Airport, Maryland 21240.
**History**
- *Administrative History: Effective date: January 1, 1976 (2:28 Md. R. 1681)*
- *Administrative History: Chapter recodified from COMAR 11.03.15 to 11.03.04*
- *Administrative History: Regulation .03 amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .05 amended effective October 19, 1979 (6:21 Md. R. 1709)*
- *Administrative History: Regulation .05 repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: Regulation .06B amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07B, D amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07F, I amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10A amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .10B amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .11 amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Authority: Transportation Article, §5-208, Annotated Code of Maryland*
##### **COMAR 11.03.04.11** Fees. {#sec-11.03.04.11 omnilex-key=us-md-regs-official--title-11--11.03.04.11}
A. Airport Site Approval. Certificates of site approval shall be issued without charge to persons qualifying for them (authority: Transportation Article, §5-303, Annotated Code of Maryland).
B. Airport License. The original airport license fee is $25 and the annual license renewal fee is $10 (authority: Transportation Article, §§5-301(b) and (c), 5-304(a)—(e)(2), Annotated Code of Maryland).
C. Airport Registration. If no aircraft, other than those owned by the airport operator, are based at the airport, there is no fee charged for initial registration or annual renewal. Otherwise, the initial registration fee is $10 and the annual registration renewal fee is $5 (authority: Transportation Article, §5-306, Annotated Code of Maryland).
**History**
- *Administrative History: Effective date: January 1, 1976 (2:28 Md. R. 1681)*
- *Administrative History: Chapter recodified from COMAR 11.03.15 to 11.03.04*
- *Administrative History: Regulation .03 amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .05 amended effective October 19, 1979 (6:21 Md. R. 1709)*
- *Administrative History: Regulation .05 repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: Regulation .06B amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07B, D amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07F, I amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10A amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .10B amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .11 amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Authority: Transportation Article, §5-208, Annotated Code of Maryland*
##### **COMAR 11.03.04.12** Inspections and Enforcement. {#sec-11.03.04.12 omnilex-key=us-md-regs-official--title-11--11.03.04.12}
A. Inspections. An applicant for, or a holder of, an airport license, airport registration, or site approval shall offer full cooperation to any authorized representative of the Administration inspecting the airport or proposed airport site. The Administration is entitled to immediate access to the lands, buildings, equipment, and operating records of a licensed airport, registered airport, or approved site.
B. Enforcement.
(1) Violations. Any person violating any of these regulations may be punished under the provisions of the Transportation Article, §§5-1101—5-1105, Annotated Code of Maryland, in addition to any other penalties provided by law.
(2) Order Closing Unapproved Facilities. The Administration may order the closing of any airport or landing field or order any air school, air beacon, or other air navigation facility to stop operating until the requirements of the Administration are met (authority: Transportation Article, §§5-210 and 5-304(e)(1), Annotated Code of Maryland).
(3) Injunctive Relief. The Administration may, in the name of the State, enforce these regulations and orders issued under them by injunction or other legal process in the courts of Maryland (authority: Transportation Article, §5-1103, Annotated Code of Maryland).
(4) Appeals. Any person adversely affected by these regulations or orders issued under them may appeal according to the procedures for review set forth in the Administrative Procedure Act. Reference: Transportation Article, §5-304(e)(1), Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: January 1, 1976 (2:28 Md. R. 1681)*
- *Administrative History: Chapter recodified from COMAR 11.03.15 to 11.03.04*
- *Administrative History: Regulation .03 amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .05 amended effective October 19, 1979 (6:21 Md. R. 1709)*
- *Administrative History: Regulation .05 repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: Regulation .06B amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07B, D amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07F, I amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10A amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .10B amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .11 amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Authority: Transportation Article, §5-208, Annotated Code of Maryland*
##### **COMAR 11.03.04.13** Severability. {#sec-11.03.04.13 omnilex-key=us-md-regs-official--title-11--11.03.04.13}
The provisions of these regulations are severable, and the finding by any court that any provision is invalid does not affect the validity of the remaining portions.
**History**
- *Administrative History: Effective date: January 1, 1976 (2:28 Md. R. 1681)*
- *Administrative History: Chapter recodified from COMAR 11.03.15 to 11.03.04*
- *Administrative History: Regulation .03 amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .05 amended effective October 19, 1979 (6:21 Md. R. 1709)*
- *Administrative History: Regulation .05 repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: Regulation .06B amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07B, D amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .07F, I amended effective October 29, 1990 (17:21 Md. R. 2530); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10A amended effective October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .10B amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Administrative History: Regulation .11 amended effective October 19, 1979 (6:21 Md. R. 1709); October 29, 1990 (17:21 Md. R. 2530)*
- *Authority: Transportation Article, §5-208, Annotated Code of Maryland*
### **11.03.05** Obstructions to Air Navigation
##### **COMAR 11.03.05.01** Definitions. {#sec-11.03.05.01 omnilex-key=us-md-regs-official--title-11--11.03.05.01}
A. As used in these regulations, the following terms have the meanings indicated unless the context requires otherwise. Words not specifically defined that relate to aeronautical practices, processes, and equipment shall be construed according to their general usage in the aviation industry.
B. Terms Defined.
(1) “Administration” means the Maryland Aviation Administration of the Maryland Department of Transportation, established pursuant to Transportation Article, §2-102(b)(2), Annotated Code of Maryland.
(2) Repealed.
(3) “Airport” means a public use airport licensed by the Administration or owned or operated, or both, by a public entity of Maryland and used by fixed wing aircraft.
(4) “Airport obstruction zone” means all land within a 3 nautical mile radius of the established reference point of an airport.
(5) “Established airport elevation” means the highest point of an airport's usable runways measured in feet from mean sea level.
(6) “Established reference point” means the center of the longest runway existing or planned at the time of the initial adoption of an airport obstruction program, and if changed at a later date, means the center of the longest runway existing as a result of the change.
(7) “Hazard” means any object which affects the area available for landing, take-off, and maneuvering of aircraft, thus tending to impair or destroy the utility of an airport and present a potential danger to users of the airport and residents of the area.
(8) “Imaginary surfaces” means a series of planes or curved surfaces placed at various angles or arcs in relation to an airport's runways and based on a runway's classification and most precise available or planned aircraft approach path, more fully described in Regulation .04D of this chapter.
(9) “Nautical mile” means a distance of 6,076 consecutive linear feet.
(10) “Non-conforming use” means any preexisting object or use of land which is inconsistent with the provisions of the airport's obstruction standards described in Regulation .04 of this chapter.
(11) “Non-precision instrument approach” means an instrument approach procedure using air navigation facilities with horizontal guidance only.
(12) “Object” means tangible personal property or real property, including vegetation and terrain features.
(13) “Obstruction” means an object that penetrates any imaginary surface taking precedence as defined in these regulations.
(14) “Personalty” means any personal property.
(15) “Precision instrument approach” means an instrument approach procedure using an instrument landing system or a precision approach radar system which provides horizontal and vertical guidance for landing on a runway.
(16) “Public-use airport” means any airport, whether publicly or privately owned, at which the owner or persons having a right of access and control invite, encourage, or allow flight operations by the public without the need for prior permission.
(17) “Runway” means any existing or planned hard surface or turf covered area of an airport which is specifically designated and used or planned to be used for takeoff or landing of aircraft.
(18) “Slope” means an incline from the horizontal expressed in an arithmetic ratio or horizontal distance to vertical distance.
For example:
Slope = 4:1
4 feet horizontal for each vertical foot distance.
(19) “Statute mile” means a distance of 5,280 consecutive linear feet.
(20) “Substantial alteration” means any change in an object which results in a modification of the dimensions of that object.
(21) “Utility runway” means a runway constructed for or intended to be used by propeller-driven aircraft of 12,500 pounds or less (maximum gross weight).
(22) “Visual runway” means a runway intended solely for the operation of aircraft using visual approach procedures, as indicated on an airport layout plan (ALP).
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.03.05 Registration of Aircraft adopted effective December 29, 1978 (5:26 Md. R. 1927); repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.03.05 Obstructions to Air Navigation adopted effective July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .01B amended effective December 15, 1986 (13:25 Md. R. 2662); November 13, 1989 (16:22 Md. R. 2365); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05A amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06C amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07B amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10 amended effective December 15, 1986 (13:25 Md. R. 2662)*
- *Authority: Transportation Article, §§5-204(d), 5-208, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.05.02** Purpose. {#sec-11.03.05.02 omnilex-key=us-md-regs-official--title-11--11.03.05.02}
These regulations govern the erection and maintenance of any obstruction to air navigation that:
A. Interferes with the public right of freedom of transit in air commerce;
B. Endangers the lives and property of those using the air space for transportation; or
C. Endangers the lives and property of the occupants of land in this State. (Reference: Transportation Article, §§5-701 and 5-702, Annotated Code of Maryland)
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.03.05 Registration of Aircraft adopted effective December 29, 1978 (5:26 Md. R. 1927); repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.03.05 Obstructions to Air Navigation adopted effective July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .01B amended effective December 15, 1986 (13:25 Md. R. 2662); November 13, 1989 (16:22 Md. R. 2365); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05A amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06C amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07B amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10 amended effective December 15, 1986 (13:25 Md. R. 2662)*
- *Authority: Transportation Article, §§5-204(d), 5-208, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.05.03** Prohibited Activity. {#sec-11.03.05.03 omnilex-key=us-md-regs-official--title-11--11.03.05.03}
A. Except as permitted by Regulation .06 of this chapter, a person may not build any structure, permit any structure to be built, maintain any personalty, or permit any object to grow to a height that, in violation of any regulation adopted in this chapter, constitutes a hazard to air navigation at or near any airport.
B. As to any vegetation, a person may not:
(1) Plant, replant, or allow any vegetation to grow to such a height as to be an airport hazard; or
(2) Allow any vegetation that is an existing airport hazard to grow any higher.
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.03.05 Registration of Aircraft adopted effective December 29, 1978 (5:26 Md. R. 1927); repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.03.05 Obstructions to Air Navigation adopted effective July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .01B amended effective December 15, 1986 (13:25 Md. R. 2662); November 13, 1989 (16:22 Md. R. 2365); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05A amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06C amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07B amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10 amended effective December 15, 1986 (13:25 Md. R. 2662)*
- *Authority: Transportation Article, §§5-204(d), 5-208, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.05.04** Obstruction Standards. {#sec-11.03.05.04 omnilex-key=us-md-regs-official--title-11--11.03.05.04}
A. An obstruction is a hazard to air navigation if it:
(1) Is greater than 200 feet above ground level and within 3 nautical miles of the established reference point of any public-use airport licensed by the Administration; or
(2) Penetrates any imaginary surface specified in this regulation as applied to any airport.
B. For the purpose of this chapter, airport runways are classified
as follows:
| Table 1: Runway Classifications | |
| --- | --- |
| Type of Runway | Classification |
| Utility Runway: | |
| Visual approaches only | I |
| With nonprecision instrument approach | II |
| Runway with greater than utility capacity—visual approaches only | III |
| Runway with greater than utility capacity and a nonprecision instrument approach with visibility minimum greater than 3/4 statute mile | IV |
| Precision instrument approach or nonprecision approach and visibility minimum of 3/4 statute mile or less | V |
| Precision instrument runway using an Instrument Landing System (ILS) or a Precision Approach Radar (PAR) | VI |
C. Imaginary Surfaces.
(1) Imaginary surfaces are various planes or curved surfaces constructed at specified angles or arcs in relation to an airport runway. They shall be determined separately for each airport and for each runway at that airport, depending on the classification of the runway and the most precise type of aircraft instrument approach available or planned for the runway.
(2) Because of the interrelationship of the imaginary surfaces, they shall be determined in the following sequence:
(a) Primary surface;
(b) Horizontal surface;
(c) Conical surface;
(d) Approach surface; and
(e) Transitional surface.
(3) When two surfaces overlap, the following apply:
(a) The primary surface takes precedence over any other surface;
(b) The approach surface takes precedence over the horizontal and conical surfaces to the extent the approach surface imposes a lower height limitation; and
(c) The transitional surface takes precedence over the horizontal surface.
D. Each imaginary surface shall be determined in the following manner:
(1) Primary Surface.
(a) The primary surface shall be longitudinally centered on the runway, at the runway elevation, and extend 200 feet beyond each end of the runway when the runway has a specifically prepared hard surface. In the absence of a hard surface, the ends of the primary surface shall coincide with the ends of the runway.
(b) The width of the primary surface shall be:
| Runway Classification | Width |
| --- | --- |
| I | 250 feet |
| II, III, IV | 500 feet |
| V, VI | 1,000 feet |
(c) The width of the primary surface shall be that width prescribed in this subsection for the most precise approach existing or planned for either end of the runway.
(2) Horizontal Surface.
(a) The horizontal surface is a horizontal plane 150 feet above the established airport elevation, the perimeter of which is determined by arcs of specified radius centered at each end of the primary surface connected by lines tangent to those arcs.
(b) The perimeter of the horizontal surface shall be determined by the following radii:
| Runway Classification | Radius |
| --- | --- |
| I, II, III | 5,000 feet |
| IV, V, VI | 10,000 feet |
(c) When a 5,000-foot arc is encompassed by tangents connecting two adjacent 10,000-foot arcs, the 5,000-foot arc shall be disregarded in the construction of the perimeter of the horizontal surface.
(3) Conical Surface. The conical surface for all runway classifications extends outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.
(4) Approach Surface.
(a) The approach surface is longitudinally centered on the extended runway centerline and extends outward and upward from each end of the primary surface. The approach surfaces pass through and take precedence over the horizontal and conical surfaces.
(b) The length, width, and slope angle of the approach surface is specified in Table 2 for each runway classification.
(c) The approach surface is applied to each end of each runway at an airport based upon the type of approach available or planned for that runway end.
(5) Transitional Surface.
(a) The transitional surface extends outward and upward at right angles to the runway centerline and the runway centerline extended, at a slope of 7 to 1 from the sides of the primary surface and from the sides of the approach surfaces, to an elevation of 150 feet above the established airport elevation.
(b) For those portions of a precision approach surface that extend through the conical surface, the transitional surface extends at right angles to the runway centerline extended for a horizontal distance of 5,000 feet, measured from the edge of the approach surface.
E. To provide clearance for mobile objects operating on traverse ways on or near a public-use airport that does not have an operative ground traffic control service coordinated with the air traffic control service, the actual height of the traverse way shall be adjusted upwards by the following amounts:
| Type of Traverse Way | Increase in Height |
| --- | --- |
| Interstate highway | 17 feet |
| Other public roadways | 15 feet |
| Private roadways | The greater of 10 feet or the height of the highest mobile object that would normally use the roadway |
| Railroads | 23 feet |
| Other traverse ways, including waterways | The height of the highest mobile object that would normally use the traverse way |
| Table 2: Dimensions of Approach Surface* | | | | | |
| --- | --- | --- | --- | --- | --- |
| Runway Class | Description | Width of Inner Edge | Width of Outer Edge | Horizontal Length | Slope Angle |
| I | Utility runway; visual approaches only | 250 ft. | 1,250 ft. | 5,000 ft. | 20 to 1 |
| II | Utility runway; nonprecision approach | 500 ft. | 2,000 ft. | 5,000 ft. | 20 to 1 |
| III | Runway with greater than utility capacity; visual approaches only | 500 ft. | 1,500 ft. | 5,000 ft. | 20 to 1 |
| IV | Runway with greater than utility capacity; nonprecision approach with visibility minimums greater than 3/4 statute mile | 500 ft. | 3,500 ft. | 10,000 ft. | 34 to 1 |
| V | Runway with greater than utility capacity; nonprecision approach with visibility minimums as low as 3/4 statute mile | 1,000 ft. | 4,000 ft. | 10,000 ft. | 34 to 1 |
| VI | Precision instrument runway using either an Instrument Landing System | 1,000 ft. | 16,000 ft. | 10,000 ft. plus 40,000 ft. | 50 to 1 |
| | (ILS) or Precision Radar Approach (PAR) | | | | 40 to 1 |
* The inner edge of the approach surface is equal to, and abuts, the primary surface
**Cross References**
11.03.05.01B(8)
11.03.05.01B(10)
11.03.06.05A
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.03.05 Registration of Aircraft adopted effective December 29, 1978 (5:26 Md. R. 1927); repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.03.05 Obstructions to Air Navigation adopted effective July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .01B amended effective December 15, 1986 (13:25 Md. R. 2662); November 13, 1989 (16:22 Md. R. 2365); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05A amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06C amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07B amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10 amended effective December 15, 1986 (13:25 Md. R. 2662)*
- *Authority: Transportation Article, §§5-204(d), 5-208, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.05.05** Notice of Construction or Alteration. {#sec-11.03.05.05 omnilex-key=us-md-regs-official--title-11--11.03.05.05}
A. A person who proposes any of the following acts of construction, alteration, or placement of personalty, shall give written notice to the Administration at least 30 days before the start of construction, alteration, or placement. The notice shall be delivered or mailed to the Maryland Aviation Administration, Third Floor, Terminal Building, Box 8766, Baltimore/Washington International Thurgood Marshall Airport, Maryland 21240. The acts include the following:
(1) Any construction or alteration of more than 200 feet above the ground level, or the placement of any personalty at this height, at any site within a 3 nautical mile radius of the center of the longest runway existing at any public-use airport licensed by the Administration;
(2) Any construction, alteration, or placement of personalty, at greater height than an imaginary surface extending outward and upward at one of the following slopes:
(a) 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of any airport with at least one runway more than 3,200 feet in actual length, or
(b) 50 to 1 for a horizontal distance of 10,000 feet from the nearest point of the nearest runway of any airport with its longest runway no more than 3,200 feet in actual length.
B. Notice of the proposed construction, alteration, or placement can be given to the Administration by providing a copy of the completed FAA Form 7460-1 required by Part 77 of the Federal Air Regulations, delivered or mailed as specified in §A, above.
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.03.05 Registration of Aircraft adopted effective December 29, 1978 (5:26 Md. R. 1927); repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.03.05 Obstructions to Air Navigation adopted effective July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .01B amended effective December 15, 1986 (13:25 Md. R. 2662); November 13, 1989 (16:22 Md. R. 2365); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05A amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06C amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07B amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10 amended effective December 15, 1986 (13:25 Md. R. 2662)*
- *Authority: Transportation Article, §§5-204(d), 5-208, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.05.06** Variances. {#sec-11.03.05.06 omnilex-key=us-md-regs-official--title-11--11.03.05.06}
A. Power of Political Subdivisions. Except as to the land area subject to jurisdiction of the Board of Airport Zoning Appeals, as established under the Transportation Article, Title 5, Subtitle 5, a political subdivision or a joint board established under the Transportation Article, Title 5, Subtitle 6, may grant a variance to any regulation adopted in this chapter if the variance does not endanger the public health, safety, and welfare.
B. Unless the legislative body of the political subdivision or the joint board provides otherwise, a person who desires a variance may apply for it in accordance with the local procedure for requesting a variance to the comprehensive zoning regulations of the political subdivision.
C. If an application for a variance is made, the political subdivision or joint board shall notify the Administration of the application at least 30 days before any hearing is held on it. The notice shall be delivered or mailed to Maryland Aviation Administration, Third Floor, Terminal Building, Box 8766, Baltimore/Washington International Thurgood Marshall Airport, Maryland 21240.
**Cross References**
11.03.05.03A
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.03.05 Registration of Aircraft adopted effective December 29, 1978 (5:26 Md. R. 1927); repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.03.05 Obstructions to Air Navigation adopted effective July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .01B amended effective December 15, 1986 (13:25 Md. R. 2662); November 13, 1989 (16:22 Md. R. 2365); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05A amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06C amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07B amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10 amended effective December 15, 1986 (13:25 Md. R. 2662)*
- *Authority: Transportation Article, §§5-204(d), 5-208, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.05.07** Obstruction Lighting and Marking. {#sec-11.03.05.07 omnilex-key=us-md-regs-official--title-11--11.03.05.07}
The Administration, political subdivision, or joint board may require the owner of any structure or other object that is deemed a hazard to air navigation by the standards contained in this chapter to install, operate, and maintain at the owner's expense the markers and lights necessary to indicate to aircraft the presence of an obstruction.
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.03.05 Registration of Aircraft adopted effective December 29, 1978 (5:26 Md. R. 1927); repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.03.05 Obstructions to Air Navigation adopted effective July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .01B amended effective December 15, 1986 (13:25 Md. R. 2662); November 13, 1989 (16:22 Md. R. 2365); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05A amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06C amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07B amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10 amended effective December 15, 1986 (13:25 Md. R. 2662)*
- *Authority: Transportation Article, §§5-204(d), 5-208, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.05.08** Conflict of Regulations. {#sec-11.03.05.08 omnilex-key=us-md-regs-official--title-11--11.03.05.08}
If there is a conflict between any regulation adopted under this chapter and any other federal, State, or local regulation applicable to the same subject, the more stringent limitation or requirement shall govern.
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.03.05 Registration of Aircraft adopted effective December 29, 1978 (5:26 Md. R. 1927); repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.03.05 Obstructions to Air Navigation adopted effective July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .01B amended effective December 15, 1986 (13:25 Md. R. 2662); November 13, 1989 (16:22 Md. R. 2365); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05A amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06C amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07B amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10 amended effective December 15, 1986 (13:25 Md. R. 2662)*
- *Authority: Transportation Article, §§5-204(d), 5-208, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.05.09** Existing Nonconforming Uses. {#sec-11.03.05.09 omnilex-key=us-md-regs-official--title-11--11.03.05.09}
This chapter does not require any change in the height or location of any man-made structure in existence or under construction before the effective date of this chapter.
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.03.05 Registration of Aircraft adopted effective December 29, 1978 (5:26 Md. R. 1927); repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.03.05 Obstructions to Air Navigation adopted effective July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .01B amended effective December 15, 1986 (13:25 Md. R. 2662); November 13, 1989 (16:22 Md. R. 2365); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05A amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06C amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07B amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10 amended effective December 15, 1986 (13:25 Md. R. 2662)*
- *Authority: Transportation Article, §§5-204(d), 5-208, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.05.10** Enforcement. {#sec-11.03.05.10 omnilex-key=us-md-regs-official--title-11--11.03.05.10}
A. The Administration or appropriate local authorities, or both, may institute judicial action to restrain, prevent, correct, or abate any actions taken by persons in violation of these regulations.
B. The Administration reserves the right to waive any portion of these regulations.
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.03.05 Registration of Aircraft adopted effective December 29, 1978 (5:26 Md. R. 1927); repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.03.05 Obstructions to Air Navigation adopted effective July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .01B amended effective December 15, 1986 (13:25 Md. R. 2662); November 13, 1989 (16:22 Md. R. 2365); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05A amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06C amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07B amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10 amended effective December 15, 1986 (13:25 Md. R. 2662)*
- *Authority: Transportation Article, §§5-204(d), 5-208, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.05.11** Penalties. {#sec-11.03.05.11 omnilex-key=us-md-regs-official--title-11--11.03.05.11}
A. A person violating these regulations is guilty of a misdemeanor, and on conviction is subject to a fine of not more than $500 or imprisonment not exceeding 90 days, pursuant to the Transportation Article, §5-1105, Annotated Code of Maryland.
B. A person violating the airport obstruction regulations of any political subdivision is subject to such fine or imprisonment, or both, as provided for by the political subdivision. If a penalty is not specified, then the penalties of §A of this regulation shall apply.
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.03.05 Registration of Aircraft adopted effective December 29, 1978 (5:26 Md. R. 1927); repealed effective March 20, 1981 (8:6 Md. R. 561)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.03.05 Obstructions to Air Navigation adopted effective July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .01B amended effective December 15, 1986 (13:25 Md. R. 2662); November 13, 1989 (16:22 Md. R. 2365); October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .05A amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .06C amended effective November 13, 1989 (16:22 Md. R. 2365); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07B amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .10 amended effective December 15, 1986 (13:25 Md. R. 2662)*
- *Authority: Transportation Article, §§5-204(d), 5-208, and 5-702, Annotated Code of Maryland*
### **11.03.06** Airport Zoning Regulations
##### **COMAR 11.03.06.01** Definitions. {#sec-11.03.06.01 omnilex-key=us-md-regs-official--title-11--11.03.06.01}
A. As used in these regulations, the following terms have the meanings indicated unless the context requires otherwise. Words not specifically defined that relate to aeronautical practices, processes, and equipment shall be construed according to their general usage in the aviation industry.
B. Terms Defined.
(1) “Administration” means the Maryland Aviation Administration of the Maryland Department of Transportation, established pursuant to the Transportation Article, §2-102(b)(2), Annotated Code of Maryland.
(2) “Airport” or “airports” means those airports owned by the State of Maryland.
(3) “Board” means the Board of Airport Zoning Appeals within the Maryland Department of Transportation.
(4) “Substantially alter” means any significant change, and includes reconstruction, rebuilding, replacement, major repair, or change in use.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .02-1 adopted effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .03 amended effective January 14, 1999 (26:1 Md. R. 24); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .04 amended effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .04C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .05E amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Administrative History: Regulation .05F amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Authority: Transportation Article, §§5-204, 5-208, 5-502, 5-504, 5-505, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.06.02** Purpose. {#sec-11.03.06.02 omnilex-key=us-md-regs-official--title-11--11.03.06.02}
A. These regulations have been adopted by the Maryland Aviation Administration of the Maryland Department of Transportation to protect the aerial approaches of airports owned by the State.
B. In adopting the regulations, the Administration has considered the following to the extent that they affect or promote the public health, safety, order, or security:
(1) The character of the flying operations conducted or expected to be conducted at the airports;
(2) The surrounding terrain;
(3) The height of existing structures, personalty, and vegetation in the vicinity;
(4) The feasibility of lowering or removing existing structures, personalty, and vegetation in the vicinity;
(5) The advice, recommendations, and opinion of the federal agency charged with fostering civil aeronautics as to the aerial approaches necessary for safe flying operations at the airports;
(6) The risks associated with aerial traffic at the airports;
(7) The type, size, weight, and load capacity of aircraft that use or might use the airports;
(8) The weather conditions generally prevailing in the vicinity;
(9) The size and layout of the landing area of the airports; and
(10) The present and future needs of the inhabitants of this State with reference to the use of the airports for public transportation.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .02-1 adopted effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .03 amended effective January 14, 1999 (26:1 Md. R. 24); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .04 amended effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .04C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .05E amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Administrative History: Regulation .05F amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Authority: Transportation Article, §§5-204, 5-208, 5-502, 5-504, 5-505, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.06.02-1** Incorporation by Reference. {#sec-11.03.06.02-1 omnilex-key=us-md-regs-official--title-11--11.03.06.02-1}
14 CFR 77 is incorporated by reference.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .02-1 adopted effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .03 amended effective January 14, 1999 (26:1 Md. R. 24); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .04 amended effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .04C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .05E amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Administrative History: Regulation .05F amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Authority: Transportation Article, §§5-204, 5-208, 5-502, 5-504, 5-505, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.06.03** Airport Zoning Districts. {#sec-11.03.06.03 omnilex-key=us-md-regs-official--title-11--11.03.06.03}
A. Size and Location of Districts. The airport zoning districts shall consist of the following areas for:
(1) Baltimore/Washington International Thurgood Marshall Airport—the land area delineated by and contained within a circle, the radius of which is 4 miles from a point with Maryland grid coordinates of E 893,909.99—N 490,279.30; and
(2) Martin State Airport—delineated by and contained within a circle, the radius of which is 3.3 miles from a point with Maryland grid coordinates of E 1,478,185.03—N 604,718.69.
B. Boundaries of Districts.
(1) Generally. The boundaries of each airport zoning district established by this chapter shall be shown on an airport zoning map filed in the land records of the county where the airport is located. A copy of the map shall be kept at all times in the office of the Administration and shall be open to public inspection during regular business hours.
(2) Baltimore/Washington International Thurgood Marshall Airport. A map for Baltimore/Washington International Thurgood Marshall Airport depicting the district established in §A(1) of this regulation shall be filed by the Administration in the land records offices of Anne Arundel County, Baltimore County, and Howard County.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .02-1 adopted effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .03 amended effective January 14, 1999 (26:1 Md. R. 24); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .04 amended effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .04C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .05E amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Administrative History: Regulation .05F amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Authority: Transportation Article, §§5-204, 5-208, 5-502, 5-504, 5-505, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.06.04** Height Limits in Airport Zoning Districts. {#sec-11.03.06.04 omnilex-key=us-md-regs-official--title-11--11.03.06.04}
Except as otherwise provided in this chapter, a structure or personalty may not be erected, altered, or maintained, and vegetation may not be allowed to grow or be maintained, in any airport zoning district at a height greater than the height limit established by 14 CFR 77.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .02-1 adopted effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .03 amended effective January 14, 1999 (26:1 Md. R. 24); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .04 amended effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .04C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .05E amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Administrative History: Regulation .05F amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Authority: Transportation Article, §§5-204, 5-208, 5-502, 5-504, 5-505, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.06.05** Prohibited Activity. {#sec-11.03.06.05 omnilex-key=us-md-regs-official--title-11--11.03.06.05}
Except as permitted by Regulations .07 and .08 of this chapter, a person may not, within any airport zoning district created by this chapter:
A. Build any structure, permit any structure to be built, or maintain any personalty to a height that would be a hazard to air navigation under the standards stated in COMAR 11.03.05.04;
B. Substantially alter any existing structure or change the use of land;
C. Permit any use of land that is prohibited by Regulation .06 of this chapter;
D. As to any vegetation:
(1) Plant, replant, or allow any vegetation to grow to such a height as to be an airport hazard, or
(2) Allow any vegetation that is an existing airport hazard to grow any higher;
E. Within the airport zoning district for Baltimore/Washington International Airport:
(1) Establish or construct any new structure;
(2) Make any new use of any existing structure or land; or
(3) Erect, use, or permit to be used a crane or other construction equipment higher than 10 feet above ground level;
F. Build any structure, locate any personalty, or conduct any activity that would result in a frequent or significant congregation of people in any designated runway protection zone.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .02-1 adopted effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .03 amended effective January 14, 1999 (26:1 Md. R. 24); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .04 amended effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .04C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .05E amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Administrative History: Regulation .05F amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Authority: Transportation Article, §§5-204, 5-208, 5-502, 5-504, 5-505, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.06.06** Prohibited Land Uses. {#sec-11.03.06.06 omnilex-key=us-md-regs-official--title-11--11.03.06.06}
Except as provided by Regulations .07 and .08 of this chapter, a person may not use any land located within any airport zoning district created by this chapter for any:
A. Transformer station or high-tower transmission line;
B. Manufacturing establishment or other use that produces smoke that would interfere with the safe use of the airport or impair visibility in the vicinity of the airport;
C. Rifle or other firing range, ultralight flight park, or private landing field that would interfere with the health, safety, or general welfare of the public in the use of the airport;
D. Plant, business, or activity of any kind that emits smoke, gases, or odors that would interfere with the health, safety, or general welfare of the public in the use of the airport;
E. Business, structure, personalty, or activity of any kind that may be detrimental to the health, safety, or general welfare of the public in the use of the airport, or may result in a hazard to the health, safety, or welfare of the public as a result of operation of the airport; or
F. Use that would:
(1) Create electrical interference with radio communications between the airport, aircraft, air navigation equipment or other facilities,
(2) Make it difficult for airmen to distinguish between airport lights and other lights, or cause glare in the eyes of airmen using the airport, or
(3) Otherwise endanger the landing, taking off, or maneuvering of aircraft.
**Cross References**
11.03.06.05C
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .02-1 adopted effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .03 amended effective January 14, 1999 (26:1 Md. R. 24); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .04 amended effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .04C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .05E amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Administrative History: Regulation .05F amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Authority: Transportation Article, §§5-204, 5-208, 5-502, 5-504, 5-505, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.06.07** Permits. {#sec-11.03.06.07 omnilex-key=us-md-regs-official--title-11--11.03.06.07}
A. Permit Required. Unless a person has an appropriate permit issued by the Administration, the person may not, in any airport zoning district established by this chapter, undertake or allow any construction, maintain any personalty, or conduct any activity prohibited by Regulation .05 or .06 of this chapter, except as set forth in §B of this regulation.
B. Exemptions.
(1) The Administration may not require a permit for a repair or addition to an existing legal structure or its appurtenances or for a crane or other equipment used in the repair or addition, if the repair, addition, crane, or other equipment does not increase or exceed the existing structure's maximum height above mean sea level.
(2) A repair or an addition includes:
(a) Construction of a:
(i) Garage, shed, or outbuilding,
(ii) Patio or patio cover, porch, carport enclosure, or deck,
(iii) Pier, bulkhead, or mooring pile,
(iv) Dormer, replacement window, or ridge vent,
(v) Retaining wall, and
(vi) Swimming pool or hot tub and enclosure;
(b) Installation of exterior siding;
(c) Partitioning or improvement to the interior of a structure;
(d) Construction, excavation, or enlargement of a basement under an existing structure; and
(e) Demolition of existing structure.
C. Application for Permit.
(1) The owner of the land or structure shall obtain a permit from the Administration before any:
(a) Work that requires a permit under this chapter is started;
(b) Growth of vegetation that requires a permit under this chapter is allowed; and
(c) Placement of personalty that requires a permit under this chapter.
(2) The application for a permit shall be accompanied by the plats, drawings, and other information necessary to enable the Administration to determine if the proposed work, project, or personalty placement will comply with each applicable airport zoning regulation.
D. Issuance of Permits. The Administration:
(1) May not issue a permit unless each airport zoning regulation applicable to the airport zoning district in which the land or structure is located has been complied with fully;
(2) Shall issue a permit as a matter of right for the replacement or alteration of a nonconforming use or structure, except that the Administration may not issue any permit that will allow a structure, tree, or other vegetation to be higher than, or to be a greater hazard to air navigation than it was when the applicable airport zoning regulation was adopted.
E. Conditions on Permit. The Administration may condition any permit so as to require the owner of the land or structure to which the permit applies to install, operate, and maintain at the owner's expense the markers and lights necessary to indicate to aircraft the presence of an airport hazard.
F. Disapproval of Application for Permit. If the Administration disapproves an application for a permit:
(1) The Administration shall notify the applicant in writing of its reasons for the disapproval; and
(2) If the Board of Airport Zoning Appeals is authorized to grant a variance from the applicable regulation, the applicant shall be so advised.
G. Zoning Permit Prerequisite to Local Permit. A local agency may not issue a use permit or a permit for construction, reconstruction, extension, repair, or alteration within an airport zoning district for which an airport zoning permit is required until the applicant has been issued an airport zoning permit by the Administration.
**Cross References**
11.03.06.08
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .02-1 adopted effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .03 amended effective January 14, 1999 (26:1 Md. R. 24); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .04 amended effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .04C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .05E amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Administrative History: Regulation .05F amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Authority: Transportation Article, §§5-204, 5-208, 5-502, 5-504, 5-505, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.06.08** Variances. {#sec-11.03.06.08 omnilex-key=us-md-regs-official--title-11--11.03.06.08}
A person denied a permit under Regulation .07 of this chapter who desires to use his property in a manner prohibited by an airport zoning regulation contained in this chapter may apply to the Board for a variance from the regulation.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .02-1 adopted effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .03 amended effective January 14, 1999 (26:1 Md. R. 24); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .04 amended effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .04C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .05E amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Administrative History: Regulation .05F amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Authority: Transportation Article, §§5-204, 5-208, 5-502, 5-504, 5-505, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.06.09** Existing Nonconforming Use. {#sec-11.03.06.09 omnilex-key=us-md-regs-official--title-11--11.03.06.09}
An airport zoning regulation contained in this chapter may not:
A. Require the removal or alteration of any structure that, as it existed when the regulation was adopted, did not conform to the regulation; or
B. Otherwise interfere with the continuance of any nonconforming use.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .02-1 adopted effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .03 amended effective January 14, 1999 (26:1 Md. R. 24); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .04 amended effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .04C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .05E amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Administrative History: Regulation .05F amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Authority: Transportation Article, §§5-204, 5-208, 5-502, 5-504, 5-505, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.06.10** Conflict of Regulations. {#sec-11.03.06.10 omnilex-key=us-md-regs-official--title-11--11.03.06.10}
If there is any conflict between any airport zoning regulation adopted under this chapter and any other regulation applicable to the same area, the more stringent limitation or requirement shall govern.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .02-1 adopted effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .03 amended effective January 14, 1999 (26:1 Md. R. 24); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .04 amended effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .04C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .05E amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Administrative History: Regulation .05F amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Authority: Transportation Article, §§5-204, 5-208, 5-502, 5-504, 5-505, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.06.11** Power of Administration to Correct. {#sec-11.03.06.11 omnilex-key=us-md-regs-official--title-11--11.03.06.11}
If a person violates any provision of this chapter, the Administration, in addition to any other lawful remedy, may institute an appropriate judicial action to prevent, restrain, correct, or abate the unlawful action or condition.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .02-1 adopted effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .03 amended effective January 14, 1999 (26:1 Md. R. 24); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .04 amended effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .04C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .05E amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Administrative History: Regulation .05F amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Authority: Transportation Article, §§5-204, 5-208, 5-502, 5-504, 5-505, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.06.12** Penalty. {#sec-11.03.06.12 omnilex-key=us-md-regs-official--title-11--11.03.06.12}
A person who violates any provision of this chapter is guilty of a misdemeanor and on conviction is subject to a fine of not more than $500 for each day or part of a day that the violation continues, pursuant to Transportation Article, §5-511, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1280)*
- *Administrative History: Regulation .02-1 adopted effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .03 amended effective January 14, 1999 (26:1 Md. R. 24); January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .03C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .04 amended effective January 14, 1999 (26:1 Md. R. 24)*
- *Administrative History: Regulation .04C amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .05E amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Administrative History: Regulation .05F amended effective January 12, 2009 (36:1 Md. R. 22)*
- *Administrative History: Regulation .07 amended effective April 3, 2000 (27:6 Md. R. 643)*
- *Authority: Transportation Article, §§5-204, 5-208, 5-502, 5-504, 5-505, and 5-702, Annotated Code of Maryland*
##### **COMAR 11.03.07** Maryland Air Terminal Assistance Program [Repealed] {#sec-11.03.07 omnilex-key=us-md-regs-official--title-11--11.03.07}
**History**
- *Administrative History: Effective date: January 12, 1987 (14:1 Md. R. 32)*
- *Administrative History: Regulations .01, .02, and .04 amended effective December 11, 1989 (16:24 Md. R. 2620)*
- *Administrative History: ——————*
- *Administrative History: Chapter repealed effective November 19, 2018 (45:23 Md. R. 1070)*
### **11.03.08** Maryland Assistance to Private Airports (MAPA) Program
##### **COMAR 11.03.08.01** Airport Facility Improvements in Maryland. {#sec-11.03.08.01 omnilex-key=us-md-regs-official--title-11--11.03.08.01}
A. An effective air transportation system is essential to the continued economic health of the State of Maryland and is crucial to the success of any efforts to attract new industry and commerce.
B. The key element of an effective air transportation system is sufficient, strategically placed airports that provide safe entry into, and exit from, the airspace above Maryland for the scheduled air carriers, the operators of corporate and privately registered aircraft within the State, and transient aircraft traversing the State for business and recreational purposes.
C. The predominant portion of airports upon which the State relies to accommodate the needs of the general public are privately owned and ineligible for federal assistance in the form of tax support grant programs.
D. The Administration is empowered by law to make grants and loans for equipment, improvements, and the rehabilitation of facilities at those airports serving the public and that are deemed to be essential to the air transportation system of the State.
**History**
- *Administrative History: Effective date: December 26, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .02C amended effective February 4, 1991 (18:2 Md. R. 150)*
- *Administrative History: Regulation .03 amended effective December 10, 2001 (28:24 Md. R. 2129)*
- *Administrative History: Regulation .05 amended effective February 4, 1991 (18:2 Md. R. 150); December 10, 2001 (28:24 Md. R. 2129)*
- *Authority: Transportation Article, §§5-204, 5-208, and 5-421, Annotated Code of Maryland*
##### **COMAR 11.03.08.02** Eligibility Requirements — General. {#sec-11.03.08.02 omnilex-key=us-md-regs-official--title-11--11.03.08.02}
A. The Administration may provide grants and loans for the acquisition of land and the improvement or rehabilitation of airport facilities at those privately owned airports open to the general public, provided the:
(1) Governing body of the county in which the airport is located has granted exemption to the airport owner from county property taxes as authorized by the Tax-Property Article, §8-302, Annotated Code of Maryland; and
(2) Airport has been found to be essential in meeting the needs of the public and is included in the Maryland Aviation System Plan developed by the Maryland Department of Transportation.
B. Project grants and loans shall be made as reimbursement for a fixed percentage of eligible project costs, not in excess of that stated in Regulation .03.
C. The award of project grants and loans shall be made subject to the following conditions:
(1) Availability of State funds;
(2) A written determination by the Administration that the proposed project is prudent, cost effective, timely, and in conformance with acceptable airport design standards;
(3) Assurances are obtained from the airport owner and any successive owner or owners that the airport will remain available to serve the public for a period of time commensurate with the useful life of the improvements obtained with the funds;
(4) If the airport closes for public use, the airport owner shall be required to reimburse the Administration for the unamortized portion of the funds, as determined by the Administration;
(5) The unamortized remaining balance of grants and loans may be secured by the use of recorded liens or bonds and shall be paid to the Administration if the airport closes for public use;
(6) A determination by the Administration that the airport owner has sufficient funds to finance, on a timely basis, that portion of the project costs not provided by the State.
**History**
- *Administrative History: Effective date: December 26, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .02C amended effective February 4, 1991 (18:2 Md. R. 150)*
- *Administrative History: Regulation .03 amended effective December 10, 2001 (28:24 Md. R. 2129)*
- *Administrative History: Regulation .05 amended effective February 4, 1991 (18:2 Md. R. 150); December 10, 2001 (28:24 Md. R. 2129)*
- *Authority: Transportation Article, §§5-204, 5-208, and 5-421, Annotated Code of Maryland*
##### **COMAR 11.03.08.03** Project Grant and Loan Allowances. {#sec-11.03.08.03 omnilex-key=us-md-regs-official--title-11--11.03.08.03}
A. Subject to the conditions outlined in Regulation .02, the Administration shall provide grants and loans not in excess of the percentages stated in Regulation .05 for approved projects.
B. Grants or loans for any project other than those stated in §A of this regulation shall be at the sole discretion of the Administration and at a combined total not in excess of 90 percent.
**History**
- *Administrative History: Effective date: December 26, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .02C amended effective February 4, 1991 (18:2 Md. R. 150)*
- *Administrative History: Regulation .03 amended effective December 10, 2001 (28:24 Md. R. 2129)*
- *Administrative History: Regulation .05 amended effective February 4, 1991 (18:2 Md. R. 150); December 10, 2001 (28:24 Md. R. 2129)*
- *Authority: Transportation Article, §§5-204, 5-208, and 5-421, Annotated Code of Maryland*
##### **COMAR 11.03.08.04** Guidelines and Procedures. {#sec-11.03.08.04 omnilex-key=us-md-regs-official--title-11--11.03.08.04}
A. The Administration shall provide detailed guidelines on the operation of the Maryland Assistance to Private Airports (MAPA) Program.
B. The Administration shall provide procedures for obtaining project grants and loans. These procedures shall contain detailed application, processing, and accountability requirements to be followed by each participating private airport.
**History**
- *Administrative History: Effective date: December 26, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .02C amended effective February 4, 1991 (18:2 Md. R. 150)*
- *Administrative History: Regulation .03 amended effective December 10, 2001 (28:24 Md. R. 2129)*
- *Administrative History: Regulation .05 amended effective February 4, 1991 (18:2 Md. R. 150); December 10, 2001 (28:24 Md. R. 2129)*
- *Authority: Transportation Article, §§5-204, 5-208, and 5-421, Annotated Code of Maryland*
##### **COMAR 11.03.08.05** Table A. {#sec-11.03.08.05 omnilex-key=us-md-regs-official--title-11--11.03.08.05}
The following table reflects State aid for development of public-use airports:
| | | | Available Loans | |
| --- | --- | --- | --- | --- |
| Type of Improvement | Available Grant | Grant Guaranty | Percentage | Payback Period |
| (a) | (b) | (c) | (d) | (e) |
| Airfield lighting | 90% | 10 years | 90% | 10 years |
| Fueling facilities | — | — | 100% | 10 years |
| Hangars | — | — | 100% | 10 years |
| Land acquisition: | | | | |
| Easements and in-fee operating equipment: | 90% | 20 years | 90% | 20 years |
| Fire, snow removal, mowing, etc. | 90% | 10 years | 90% | 10 years |
| Pavement: | | | | |
| New | 90% | 15 years | 90% | 15 years |
| Overlays | 90% | 10 years | 90% | 10 years |
(a) Interest on loans provided by DOT will be 1 percent above the prime commercial rate at the time loan agreement is executed.
(b) Loan and grant obligation of the airport owner may be secured by a lien or mortgage on the improvement or existing property.
**History**
- *Administrative History: Effective date: December 26, 1988 (15:26 Md. R. 2984)*
- *Administrative History: Regulation .02C amended effective February 4, 1991 (18:2 Md. R. 150)*
- *Administrative History: Regulation .03 amended effective December 10, 2001 (28:24 Md. R. 2129)*
- *Administrative History: Regulation .05 amended effective February 4, 1991 (18:2 Md. R. 150); December 10, 2001 (28:24 Md. R. 2129)*
- *Authority: Transportation Article, §§5-204, 5-208, and 5-421, Annotated Code of Maryland*
##### **COMAR 11.03.09.01** Purpose. {#sec-11.03.09.01 omnilex-key=us-md-regs-official--title-11--11.03.09.01}
The purpose of these regulations is to establish:
A. Qualifications for employees designated under Transportation Article, §5-212.1, Annotated Code of Maryland, including prerequisites of character, training, experience, and education; and
B. Standards for the performance of the duties assigned to employees designated under Transportation Article, §5-212.1, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: December 21, 1992 (19:25 Md. R. 2206)*
- *Administrative History: Regulation .02 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .02B amended effective January 12, 2009 (36:1 Md. R. 23)*
- *Authority: Transportation Article, §§5-212.1 and 5-426, Annotated Code of Maryland*
##### **COMAR 11.03.09.02** Definitions. {#sec-11.03.09.02 omnilex-key=us-md-regs-official--title-11--11.03.09.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Maryland Aviation Administration of the Maryland Department of Transportation, established pursuant to Transportation Article, §2-102(b)(2), Annotated Code of Maryland.
(2) “Airport” means Baltimore/Washington International Thurgood Marshall Airport or Martin State Airport, owned by the State and operated by the Administration.
(3) “Motor vehicle” means a device in, upon, or by which a person or property may be propelled, moved, or drawn upon land, except:
(a) A device moved by human or animal power; and
(b) Aircraft and devices moved exclusively upon stationary rails or tracks.
(4) “Traffic” means pedestrians and vehicles, singly or together, using any airport area.
(5) “Traffic control officer” means an Administration employee authorized to issue a citation under these regulations and Transportation Article, §5-212.1, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: December 21, 1992 (19:25 Md. R. 2206)*
- *Administrative History: Regulation .02 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .02B amended effective January 12, 2009 (36:1 Md. R. 23)*
- *Authority: Transportation Article, §§5-212.1 and 5-426, Annotated Code of Maryland*
##### **COMAR 11.03.09.03** Employee Qualifications and Training. {#sec-11.03.09.03 omnilex-key=us-md-regs-official--title-11--11.03.09.03}
A. Character.
(1) A traffic control officer shall successfully pass a preemployment background investigation and may not have been convicted of a felony.
(2) A traffic control officer who fails to maintain a good character shall be relieved immediately of the authority to issue citations under these regulations and Transportation Article, §5-212.1, Annotated Code of Maryland.
B. Experience and Education. A traffic control officer shall:
(1) Have a minimum of 1 year of experience as a security officer or in a closely related field; and
(2) Possess a high school diploma or a State equivalence certificate.
C. Training.
(1) An individual designated as a traffic control officer shall be trained in:
(a) All provisions of COMAR 11.03.01 and 11.03.02 relating to traffic control and traffic regulations;
(b) The preparation of citations;
(c) The areas of customer service, conflict resolution, Airport operations, and organization; and
(d) Courtroom procedures, including courtroom demeanor and case presentation.
(2) The training shall consist of a minimum of 12 hours covering the subject areas in §C(1) of this regulation.
**History**
- *Administrative History: Effective date: December 21, 1992 (19:25 Md. R. 2206)*
- *Administrative History: Regulation .02 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .02B amended effective January 12, 2009 (36:1 Md. R. 23)*
- *Authority: Transportation Article, §§5-212.1 and 5-426, Annotated Code of Maryland*
##### **COMAR 11.03.09.04** Performance Standards for Traffic Control Officers. {#sec-11.03.09.04 omnilex-key=us-md-regs-official--title-11--11.03.09.04}
A traffic control officer shall:
A. Act in a manner to bring credit both to the position of traffic control officer and the Administration;
B. Act in a reasonable manner so as to avoid any confrontation which may lead to personal injury or embarrassment to the Administration;
C. Keep abreast of changes to aspects of the law, regulations, and policies which impact on the traffic control officer's duties;
D. Strictly adhere to and enforce the Airport's security plan;
E. Assist law enforcement officers when requested in security matters so as to ensure the safety of the public, employees, and airport property;
F. Safeguard, maintain, and clean all equipment, uniforms, and accessories which are issued;
G. Be considered in a sensitive classification and be subject to the substance abuse policy of the Administration; and
H. Observe all State laws and personnel policies and regulations applicable to Administration employees.
**History**
- *Administrative History: Effective date: December 21, 1992 (19:25 Md. R. 2206)*
- *Administrative History: Regulation .02 amended effective October 16, 2000 (27:20 Md. R. 1840)*
- *Administrative History: Regulation .02B amended effective January 12, 2009 (36:1 Md. R. 23)*
- *Authority: Transportation Article, §§5-212.1 and 5-426, Annotated Code of Maryland*
## **11.04.01** Permits for Oversize and Overweight Vehicles
##### **COMAR 11.04.01.01** Definitions. {#sec-11.04.01.01 omnilex-key=us-md-regs-official--title-11--11.04.01.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the State Highway Administration.
(2) “Axle weight” has the meaning stated in Transportation Article, Title 24, Annotated Code of Maryland.
(3) “Excessive size” means an overall dimension of 16 feet or more in height, 16 feet or more in width, or 100 feet or more in length.
(4) “Excessive weight” means a gross vehicle weight exceeding 60 tons (120,000 pounds).
(5) “Oversize” means dimensions of length, width, or height that exceed the limits allowed by Transportation Article, Title 24, Annotated Code of Maryland.
(6) “Overweight” means weights that exceed the limits allowed by Transportation Article, Title 24, Annotated Code of Maryland.
(6-1) “Permittee” means the person or entity to whom a permit is issued by the Unit and includes the person who is operating a vehicle under authority of that permit.
(7) “Special mobile equipment” means a vehicle that is not used primarily for highway transportation of people or property and is operated or moved on a highway only as an incident to its nonhighway use.
(8) “Special vehicle” means a vehicle of special design which cannot comply with Maryland size or weight limits or qualify as special mobile equipment. The special vehicle may carry equipment for its designed purpose.
(9) “Unit” means the Hauling Permits Unit of the Motor Carrier Division, Office of Traffic and Safety, State Highway Administration.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.04 to 11.04.01*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .03D amended effective June 11, 1990 (17:11 Md. R. 1343)*
- *Administrative History: Regulation .03 amended as an emergency provision effective May 1, 1992 (19:10 Md. R. 928); amended permanently effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .03 amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .03 and .07 amended as an emergency provision effective April 17, 1995 (22:9 Md. R. 642)*
- *Administrative History: Regulation .07 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .07A amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .05A and .08B amended as an emergency provision effective July 5, 1984 (11:15 Md. R. 1328); adopted permanently effective September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .03E amended effective May 31, 1999 (26:11 Md. R. 856)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 22, 2010 (37:6 Md. R. 478)*
- *Administrative History: Regulation .02 amended as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); amended permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13 adopted as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); adopted permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-109, 24-112, 24-113, 24-113.2, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.01.01-1** Unit Authority. {#sec-11.04.01.01-1 omnilex-key=us-md-regs-official--title-11--11.04.01.01-1}
The Unit has the authority to issue permits for oversize and overweight vehicles.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.04 to 11.04.01*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .03D amended effective June 11, 1990 (17:11 Md. R. 1343)*
- *Administrative History: Regulation .03 amended as an emergency provision effective May 1, 1992 (19:10 Md. R. 928); amended permanently effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .03 amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .03 and .07 amended as an emergency provision effective April 17, 1995 (22:9 Md. R. 642)*
- *Administrative History: Regulation .07 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .07A amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .05A and .08B amended as an emergency provision effective July 5, 1984 (11:15 Md. R. 1328); adopted permanently effective September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .03E amended effective May 31, 1999 (26:11 Md. R. 856)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 22, 2010 (37:6 Md. R. 478)*
- *Administrative History: Regulation .02 amended as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); amended permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13 adopted as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); adopted permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-109, 24-112, 24-113, 24-113.2, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.01.02** Permits Available. {#sec-11.04.01.02 omnilex-key=us-md-regs-official--title-11--11.04.01.02}
A. There are seven types of permits which may allow oversize or overweight vehicles to move on State highways.
B. A person may move special mobile equipment or a vehicle where the load or vehicle or both are oversize or overweight on State highways, under one of the following types of permits:
(1) Blanket hauling permit;
(2) Book permit (issued in books of ten);
(3) Containerized cargo permit;
(4) Special hauling permit;
(5) Special vehicle permit;
(6) Exceptional hauling permit; and
(7) Heavy Weight Port Corridor permit.
C. A person may move a special vehicle under a special vehicle permit only.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.04 to 11.04.01*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .03D amended effective June 11, 1990 (17:11 Md. R. 1343)*
- *Administrative History: Regulation .03 amended as an emergency provision effective May 1, 1992 (19:10 Md. R. 928); amended permanently effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .03 amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .03 and .07 amended as an emergency provision effective April 17, 1995 (22:9 Md. R. 642)*
- *Administrative History: Regulation .07 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .07A amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .05A and .08B amended as an emergency provision effective July 5, 1984 (11:15 Md. R. 1328); adopted permanently effective September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .03E amended effective May 31, 1999 (26:11 Md. R. 856)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 22, 2010 (37:6 Md. R. 478)*
- *Administrative History: Regulation .02 amended as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); amended permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13 adopted as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); adopted permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-109, 24-112, 24-113, 24-113.2, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.01.03** Blanket Hauling Permit. {#sec-11.04.01.03 omnilex-key=us-md-regs-official--title-11--11.04.01.03}
A. Except as provided for in §E of this regulation, a blanket hauling permit may not be issued or used when a load can be dismantled or disassembled in such a way that moves can be made within the size and weight limits imposed by the laws of Maryland.
B. A permit issued under this regulation for a vehicle which exceeds 27,000 pounds per axle but is less than or equal to 30,000 pounds per axle shall comply with COMAR 11.04.02.01-1E.
C. Size.
(1) A blanket hauling permit may be issued for a single oversize vehicle with overall dimensions which may not exceed 75 feet in length, 12 feet in width, or 14 feet in height.
(2) The oversize vehicle shall be either:
(a) Special mobile equipment as defined in Transportation Article, §11-159, Annotated Code of Maryland; or
(b) A vehicle properly registered and carrying an oversize load or traveling empty to or from carrying an oversize load.
D. Weight of Special Mobile Equipment.
(1) A blanket hauling permit may be issued for a single overweight vehicle which is special mobile equipment.
(2) The overweight special mobile equipment may not exceed:
(a) A gross vehicle weight of 45 tons (90,000 pounds) including all tolerances; and
(b) A single axle weight of 27,000 pounds.
E. Repealed.
F. Repealed.
G. Procedures.
(1) To obtain a blanket hauling permit, the applicant shall submit an originally signed completed application on a form and in a manner prescribed by the Unit to the Hauling Permits Unit, Motor Carrier Division, Office of Traffic and Safety, State Highway Administration, 7491 Connelly Drive, Hanover, Maryland 21076.
(2) The application shall include the:
(a) Name of the applicant;
(b) Address and telephone number of the applicant;
(c) Name of a contact person;
(d) Name of the applicant's insurance company;
(e) Make, year, model, license tag number, and state of issuance of the license tag;
(f) Manufacturer's gross vehicle weight rating of the vehicle; and
(g) Requested starting date of the permit.
(3) In addition to other information required by §G(2) of this regulation, applications for self-propelled special mobile equipment shall include a serial number, identification number, or other similar information specifically identifying the unit of special mobile equipment for which the permit is requested.
(4) Except for permits issued under §§E and F of this regulation, the Unit may issue a blanket hauling permit that is valid for 30 days or for 1 year.
(5) The Unit shall complete all blanks on the face of a blanket hauling permit before issuing the permit.
(6) The permittee or user of a blanket hauling permit shall carry the original (not a copy) of the permit on the vehicle for which it was issued when moving the vehicle on a highway in the State.
(7) A person may move a vehicle for which a blanket hauling permit has been issued on any highway under the jurisdiction of the Administration, during the period for which the permit is effective, without reporting any move to the Administration.
(8) The person may not move a vehicle across a bridge when the gross vehicle weight or axle weight exceeds posted bridge limitations.
(9) A permittee shall comply with all restrictions attached to the permit as well as any hauling permit restrictions posted on the Motor Carrier Division and Chart websites found at www.marylandroads.com. It is the responsibility of the permittee to review these websites for current hauling permit restrictions prior to any move being made under the authority of the permit.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.04 to 11.04.01*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .03D amended effective June 11, 1990 (17:11 Md. R. 1343)*
- *Administrative History: Regulation .03 amended as an emergency provision effective May 1, 1992 (19:10 Md. R. 928); amended permanently effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .03 amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .03 and .07 amended as an emergency provision effective April 17, 1995 (22:9 Md. R. 642)*
- *Administrative History: Regulation .07 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .07A amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .05A and .08B amended as an emergency provision effective July 5, 1984 (11:15 Md. R. 1328); adopted permanently effective September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .03E amended effective May 31, 1999 (26:11 Md. R. 856)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 22, 2010 (37:6 Md. R. 478)*
- *Administrative History: Regulation .02 amended as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); amended permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13 adopted as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); adopted permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-109, 24-112, 24-113, 24-113.2, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.01.04** Book Permits. {#sec-11.04.01.04 omnilex-key=us-md-regs-official--title-11--11.04.01.04}
A. The Unit may issue books of permits. Each book contains ten single trip book permits.
B. A permit issued under this regulation for a vehicle which exceeds 27,000 pounds per axle but is less than or equal to 30,000 pounds per axle shall comply with COMAR 11.04.02.01-1E.
C. One book permit shall be used for each movement of a qualified vehicle between the points and over the route designated on the permit. It also authorizes the return of an empty oversize vehicle to its starting place if the empty vehicle does not exceed the weight limits imposed by the laws of Maryland.
D. Qualifications.
(1) A vehicle and its load or special mobile equipment may not exceed:
(a) A gross vehicle weight of 45 tons (90,000 pounds);
(b) Overall dimensions of 85 feet in length, 13 feet in width, or 15 feet in height; and
(c) A single axle weight of 27,000 pounds.
(2) A vehicle traveling under a book permit shall be:
(a) Properly registered in Maryland; or
(b) Special mobile equipment displaying a special mobile equipment plate issued by the Motor Vehicle Administration of Maryland.
E. Procedures.
(1) Before any movement may be made under any book permit, the permittee shall complete each of the following steps:
(a) Advise the Unit of the date on which the permittee or another user authorized by the permittee proposes to move the vehicle and the specific route the permittee or the other user proposes to take;
(b) Obtain approval of the date and route and a route verification number from the Unit; and
(c) Enter the period of validity of the permit, the approved route, and the route verification number on the original and permittee's copy of the permit.
(2) The permittee or other user of a book permit shall carry the original (not a copy) of the permit on the vehicle. The permittee shall keep a copy of the book permit among his records until every permit in the book has been used.
(3) The Unit may not issue additional books of permits to a permittee if the records of the Unit show that the permittee has outstanding and unused more than two books of permits.
(4) A book of permits is valid for 2 years from its date of issuance.
(5) A permittee shall comply with all restrictions attached to the permit as well as any hauling permit restrictions posted on the Motor Carrier Division and Chart websites found at www.marylandroads.com. It is the responsibility of the Permittee to review these websites for current hauling permit restrictions prior to any move being made under the authority of the permit.
(6) A permittee shall notify the appropriate Maryland Transportation Authority facility at least 1 hour before using the facility.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.04 to 11.04.01*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .03D amended effective June 11, 1990 (17:11 Md. R. 1343)*
- *Administrative History: Regulation .03 amended as an emergency provision effective May 1, 1992 (19:10 Md. R. 928); amended permanently effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .03 amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .03 and .07 amended as an emergency provision effective April 17, 1995 (22:9 Md. R. 642)*
- *Administrative History: Regulation .07 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .07A amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .05A and .08B amended as an emergency provision effective July 5, 1984 (11:15 Md. R. 1328); adopted permanently effective September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .03E amended effective May 31, 1999 (26:11 Md. R. 856)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 22, 2010 (37:6 Md. R. 478)*
- *Administrative History: Regulation .02 amended as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); amended permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13 adopted as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); adopted permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-109, 24-112, 24-113, 24-113.2, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.01.05** Containerized Cargo Permit. {#sec-11.04.01.05 omnilex-key=us-md-regs-official--title-11--11.04.01.05}
A. A containerized cargo permit allows for the movement of an indivisible load of containerized cargo and is only valid for movement to or egress from the Port of Baltimore. Special hauling permits are available for movement to or egress from other international ports.
B. Determination of an Indivisible Load. A truck tractor-semitrailer combination of vehicles carrying manifested international freight as the only load of the vehicle in a sealed, seagoing container on a semitrailer is deemed to be carrying an indivisible load if:
(1) The vehicle does not exceed the following maximum axle and gross vehicle weight limits:
(a) 22,400 pounds on a single axle;
(b) 44,000 pounds on two consecutive axles at least 4 feet apart; or
(c) 90,000 pounds gross vehicle weight;
(2) The maximum allowable gross vehicle weight on a 20-foot container is:
(a) 80,000 pounds if loaded on a 20-foot intermodal chassis; and
(b) 90,000 pounds if loaded on a 40-foot intermodal chassis; and
(3) The maximum allowable gross vehicle weight on a 40-foot container is 90,000 pounds.
C. Containerized cargo permits are valid for 1 year.
D. A permittee shall comply with all restrictions attached to the permit as well as any hauling permit restrictions posted on the Motor Carrier Division and Chart websites found at www.marylandroads.com. It is the responsibility of the Permittee to review these websites for current hauling permit restrictions prior to any move being made under the authority of the permit.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.04 to 11.04.01*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .03D amended effective June 11, 1990 (17:11 Md. R. 1343)*
- *Administrative History: Regulation .03 amended as an emergency provision effective May 1, 1992 (19:10 Md. R. 928); amended permanently effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .03 amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .03 and .07 amended as an emergency provision effective April 17, 1995 (22:9 Md. R. 642)*
- *Administrative History: Regulation .07 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .07A amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .05A and .08B amended as an emergency provision effective July 5, 1984 (11:15 Md. R. 1328); adopted permanently effective September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .03E amended effective May 31, 1999 (26:11 Md. R. 856)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 22, 2010 (37:6 Md. R. 478)*
- *Administrative History: Regulation .02 amended as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); amended permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13 adopted as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); adopted permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-109, 24-112, 24-113, 24-113.2, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.01.06** Special Hauling Permit. {#sec-11.04.01.06 omnilex-key=us-md-regs-official--title-11--11.04.01.06}
A. Authority to Issue. The Unit may issue a special hauling permit for a single movement of special mobile equipment or a vehicle where the load or vehicle or both are oversize or overweight.
B. A permit issued under this regulation for a vehicle which exceeds 27,000 pounds per axle but is less than or equal to 30,000 pounds per axle shall comply with COMAR 11.04.02.01-1E.
C. Application.
(1) To obtain a special hauling permit, the applicant shall submit an originally signed written application, facsimile, or electronic copy of the application on a form and in a manner prescribed by the Unit when the:
(a) Gross vehicle weight exceeds 40 tons (80,000) pounds); or
(b) Overall dimensions exceed 85 feet in length, 15 feet 6 inches in height, or 13 feet 11 inches in width.
(2) The applicant shall also comply with the specific conditions under COMAR 11.04.03.02 to obtain a special hauling permit for moves which involve excessive weight or excessive size as defined in COMAR 11.04.03.01.
(3) The Unit may otherwise accept an application by telephone.
D. A special hauling permit authorizes the permit vehicle to make a single one-way trip between the points and over the route designated on the permit. It also authorizes the return of an empty oversize vehicle to its starting place if the empty vehicle does not exceed the weight limits imposed by the Maryland Vehicle Law.
E. Carrying Permit or Substitute on Vehicle.
(1) Multiple Page Permit.
(a) The Unit shall label each page of a multiple page permit to show the page number and total number of pages.
(b) The original or clearly legible approved substitute of a multiple page permit shall be carried in the permit vehicle.
(c) A telegram or computer generated copy is an approved substitute for a multiple page permit if the format in which the permit information appears has been approved by the Unit.
(2) Single Page Permit.
(a) The permittee of a special hauling permit shall carry the original of the permit or clearly legible approved substitute in the permit vehicle.
(b) A facsimile copy of a special hauling permit is an approved substitute if all of the information on the permit is legible.
(c) A telegram or computer generated copy is an approved substitute for a permit if the format in which the permit information appears has been approved by the Unit.
F. Extension of Time for Move.
(1) If the move for which a special hauling permit is issued will be delayed to a time beyond the original expiration date of the permit, the permit may be extended once for a period of 5 consecutive days, not including Sundays or holidays when no move is allowed, upon payment of the prescribed fee.
(2) The permittee shall request the extension before the original permit period expires.
(3) The 5-day extension period shall begin immediately upon expiration of the original permit period.
G. If, after issuance, a special hauling permit is not used in the designated period or extension period, it is no longer valid. The Unit may not routinely cancel and issue a credit for the permit. The Unit shall consider requests for cancellation of the permit only in instances when extreme weather conditions prevent moves in Maryland, or when extraordinary circumstances exist preventing the move (e.g. emergency highway closure for repairs or extended crash investigation, police escort diverted—move canceled, etc.) as approved by the Chief, Motor Carrier Division.
H. A Permittee shall comply with all restrictions attached to the permit as well as any hauling permit restrictions posted on the Motor Carrier Division and Chart websites found at www.marylandroads.com. It is the responsibility of the Permittee to review these websites for current hauling permit restrictions prior to any move being made under the authority of the permit.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.04 to 11.04.01*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .03D amended effective June 11, 1990 (17:11 Md. R. 1343)*
- *Administrative History: Regulation .03 amended as an emergency provision effective May 1, 1992 (19:10 Md. R. 928); amended permanently effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .03 amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .03 and .07 amended as an emergency provision effective April 17, 1995 (22:9 Md. R. 642)*
- *Administrative History: Regulation .07 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .07A amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .05A and .08B amended as an emergency provision effective July 5, 1984 (11:15 Md. R. 1328); adopted permanently effective September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .03E amended effective May 31, 1999 (26:11 Md. R. 856)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 22, 2010 (37:6 Md. R. 478)*
- *Administrative History: Regulation .02 amended as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); amended permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13 adopted as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); adopted permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-109, 24-112, 24-113, 24-113.2, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.01.07** Special Vehicle Permit. {#sec-11.04.01.07 omnilex-key=us-md-regs-official--title-11--11.04.01.07}
A. Controlled Movement.
(1) In exceptional cases, the Unit may issue a special vehicle permit for the controlled movement of a special vehicle.
(2) A special vehicle permit authorizes the vehicle to make a single one-way trip between the points of origin and destination specified, and only over those routes designated on the permit.
(3) Special vehicle permits may not allow the regular or continuous movement of a special vehicle.
B. A permit issued under this regulation for a vehicle which exceeds 27,000 pounds per axle but is less than or equal to 30,000 pounds per axle shall comply with COMAR 11.04.02.01-1E.
C. A special vehicle shall display a valid registration plate issued by its state of origin. If the special vehicle is of a type not subject to registration, the special vehicle shall be identified by its vehicle identification number (V.I.N) or other unique number, as approved by the Unit.
D. To obtain a special vehicle permit, the applicant shall submit the originally signed written application, facsimile, or electronic copy of the application on a form and in the manner prescribed by the Unit with:
(1) A complete description of the vehicle;
(2) An explanation of the purpose for traveling highways in the State; and
(3) Any other information considered necessary by the Unit.
E. Procedures and limitations for special vehicle permits, unless otherwise noted, will follow the procedures and limitations established for special hauling permits under COMAR 11.04.01—11.04.04.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.04 to 11.04.01*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .03D amended effective June 11, 1990 (17:11 Md. R. 1343)*
- *Administrative History: Regulation .03 amended as an emergency provision effective May 1, 1992 (19:10 Md. R. 928); amended permanently effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .03 amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .03 and .07 amended as an emergency provision effective April 17, 1995 (22:9 Md. R. 642)*
- *Administrative History: Regulation .07 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .07A amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .05A and .08B amended as an emergency provision effective July 5, 1984 (11:15 Md. R. 1328); adopted permanently effective September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .03E amended effective May 31, 1999 (26:11 Md. R. 856)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 22, 2010 (37:6 Md. R. 478)*
- *Administrative History: Regulation .02 amended as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); amended permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13 adopted as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); adopted permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-109, 24-112, 24-113, 24-113.2, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.01.08** Fees. {#sec-11.04.01.08 omnilex-key=us-md-regs-official--title-11--11.04.01.08}
A. Blanket Hauling Permits. The fees for blanket hauling permits are:
(1) 30-day blanket permit — $50;
(2) Annual blanket permit — $500.
B. Book Permits.
(1) The fee for a book of ten single trip book permits is $300.
(2) If a book permit is unused and has not been completed or detached from the book, the permittee may return the book before its expiration date with the original and permittee's copies of the permit to the Unit, and the Unit may give a refund or credit, except when §B(3) of this regulation applies.
(3) If the Unit has approved the use of a book permit for a move over a designated route, the move shall be considered completed and the Unit may not make changes on or give a refund or credit for the single trip permit.
C. Special Hauling Permits. The fees for special hauling permits and special vehicle permits are as follows:
(1) The base fees for oversize and overweight are:
(a) Thirty dollars for the first 40 tons or less of gross weight; and
(b) Five dollars for each additional ton or part of a ton in excess of 40 tons.
(2) There are additional fees associated with permits for excessive size and excessive weight as described in §§D—I of this regulation.
(3) The fee for extension of a special hauling permit or special vehicle permit is $5.
D. Engineering Structural Review.
(1) For each application submitted for gross weights exceeding 60 tons, there is a fee for engineering structural review as provided in this section.
(2) For an engineering structural review, the number of analyzed and reviewed structures to be crossed, as determined by the Administration's bridge engineers, shall be multiplied by $8.
(3) For an engineering structural review requiring escort by the Administration's bridge engineers, the number of analyzed and reviewed structures to be crossed shall be multiplied by $20 for the initial move. For additional moves that follow the same route and are identical in vehicle load that are requested on the original application, the escort fee shall be $12 for each analyzed and reviewed structure crossed.
(4) A permit is not valid for more than 6 months from the date of the engineering structural review on which it is issued.
(5) For repeat moves that are identical as to vehicle, load, and route and that are requested on the original application, the engineering review may be valid for up to 6 months from the engineering structural review on which it is issued, without the need for additional engineering structural reviews or assessments of fees, if, within that 6-month period, there is no change in:
(a) The condition of any structure on the approved route; or
(b) Vehicle, load, or route from the specifications which are designated on the original application.
(6) Change in Structure Condition. If a change in the condition of any structure on the approved route occurs during that 6-month period, a new engineering structural review shall be performed on the structure or structures which have so changed, and the Unit shall assess the per bridge fee as set forth in §D(2) or (3) of this regulation.
(7) Change in Vehicle, Load, or Route.
(a) If a change in the vehicle, load, or route specified on the original application occurs during that 6-month period, the permittee shall submit a new application, and a new engineering structural review shall be performed, for which the Unit shall assess the applicable fee.
(b) A new application is considered an original application and, if it covers repeat moves, may be valid for up to 6 months from the date of the engineering structural review on which it is issued, subject to the provisions of §D(5) of this regulation.
E. An Administration district engineer may require a special permit move to be monitored by Administration personnel to promote compliance with permit provisions, to observe and report damage to State highways, and to summon assistance if necessary. The daily fee for monitoring by Administration personnel is $200.
F. Except for permits requiring unique or unusual considerations as may be determined by the Maryland State Police, the fee for a single escort by off-duty Maryland State Police officers is based upon the reasonable expenses incurred, as established by a schedule maintained by the Unit. These expenses include, but are not limited to, the maintenance and use of Maryland State Police vehicles and the overtime rate of Maryland State Police personnel.
G. The fees for an engineering structural review, monitoring by Administration personnel, and escorting by police will be added to the permit fee at the time of issuance. Regardless of whether a permit is actually issued, the fee for engineering review will be assessed.
H. The Unit may assess and collect, on behalf of the Maryland Transportation Authority, fees imposed by the Authority for permit moves on or across property owned by the Authority.
H-1. The Unit may assess and collect, on behalf of the City of Baltimore, fees imposed by the City for permit moves on or across roadways under the jurisdiction of the City in relation to the issuance of a joint permit to accommodate moves associated with the Port of Baltimore.
H-2. Refunds or Credits.
(1) The Unit may issue an appropriate refund or credit if:
(a) An Administration district engineer withdraws a monitoring requirement;
(b) The police escort, upon determining that the permit move can proceed with reasonable safety, responds to an activity that takes priority over the escort;
(c) A charge added to the permit for a district engineer escort, police escort, or other related service was not performed; or
(d) A charge was found to be in error as determined by the Chief, Motor Carrier Division.
(2) Refunds or credits made to a permittee's account shall be deducted from any fund transfer the Unit makes to an allied agency that was the subject of the refund or credit for a service not provided or charge made in error.
(3) Any fee or charge that is contested shall be in writing and submitted within 30 days of issuance of the permit by the Unit. The Chief, Motor Carrier Division will review the contested fee or charge and render a decision within 30 calendar days following receipt of the complaint. The decision of the Chief, Motor Carrier Division is final.
(4) Refunds for exceptional hauling permits are strictly prohibited.
I. There will be no permit fee charged to Maryland State agencies and local government jurisdictions, or to federal agencies. However, fees will be charged for engineering reviews and monitoring.
J. Additional fees may be assessed by other jurisdictions affected by the permitted routes.
K. Time of Payment.
(1) The permittee or applicant shall pay the total of all fees for any permit at the time of issuance by certified check, money order, or approved credit card unless a satisfactory credit bond or escrow account is on file with the Unit. The Unit may not accept cash.
(2) If the permittee or applicant has filed a credit bond with the Unit guaranteeing timely payment of all fees incurred, and if the Unit has approved the credit bond as to form, security, and amount, the Unit may bill the permittee or applicant for the permits issued during 1 or more preceding months. Escrow accounts are not guaranteed by an independent insurer and shall be valid only for the amount currently available in that account.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.04 to 11.04.01*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .03D amended effective June 11, 1990 (17:11 Md. R. 1343)*
- *Administrative History: Regulation .03 amended as an emergency provision effective May 1, 1992 (19:10 Md. R. 928); amended permanently effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .03 amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .03 and .07 amended as an emergency provision effective April 17, 1995 (22:9 Md. R. 642)*
- *Administrative History: Regulation .07 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .07A amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .05A and .08B amended as an emergency provision effective July 5, 1984 (11:15 Md. R. 1328); adopted permanently effective September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .03E amended effective May 31, 1999 (26:11 Md. R. 856)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 22, 2010 (37:6 Md. R. 478)*
- *Administrative History: Regulation .02 amended as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); amended permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13 adopted as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); adopted permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-109, 24-112, 24-113, 24-113.2, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.01.09** Denial of Permit. {#sec-11.04.01.09 omnilex-key=us-md-regs-official--title-11--11.04.01.09}
A. The Unit may not issue a permit or authorize use of a book permit, if it determines that the proposed movement would constitute an unreasonable hazard to other highway traffic or be unreasonably detrimental to highway surfaces or structures.
B. The Unit may not issue a blanket hauling permit or a special hauling permit, or authorize use of a book permit, if the vehicle and its load can be dismantled or disassembled or hauled in such a way that moves can be made within the size and weight limits imposed by the laws of Maryland.
C. The Unit may not issue a special hauling permit for the movement of any overweight vehicle unless the vehicle:
(1) Has five axles or more and is registered for at least the maximum gross weight in its State of registration; or
(2) Is special mobile equipment.
D. The Unit may not authorize the use of a book permit for movement of any overweight vehicle unless the vehicle:
(1) Has five axles or more and is registered in Maryland for the maximum allowable gross weight; or
(2) Is registered as special mobile equipment in Maryland and displays special mobile equipment plates issued by the Motor Vehicle Administration of Maryland.
E. The Unit may not issue a special vehicle permit when the:
(1) Special vehicle reasonably can be disassembled to comply with the size and weight limits of Maryland law; or
(2) Permit movement would constitute the regular and continuous movement of a special vehicle.
F. The Unit may not issue an exceptional hauling permit unless the vehicle:
(1) Is a combination of vehicles that has six or more axles; and
(2) Has a minimum front to rear centerline axle spacing of not less than 50 feet.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.04 to 11.04.01*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .03D amended effective June 11, 1990 (17:11 Md. R. 1343)*
- *Administrative History: Regulation .03 amended as an emergency provision effective May 1, 1992 (19:10 Md. R. 928); amended permanently effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .03 amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .03 and .07 amended as an emergency provision effective April 17, 1995 (22:9 Md. R. 642)*
- *Administrative History: Regulation .07 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .07A amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .05A and .08B amended as an emergency provision effective July 5, 1984 (11:15 Md. R. 1328); adopted permanently effective September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .03E amended effective May 31, 1999 (26:11 Md. R. 856)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 22, 2010 (37:6 Md. R. 478)*
- *Administrative History: Regulation .02 amended as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); amended permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13 adopted as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); adopted permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-109, 24-112, 24-113, 24-113.2, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.01.10** Suspension and Revocation of Hauling Permits. {#sec-11.04.01.10 omnilex-key=us-md-regs-official--title-11--11.04.01.10}
A. If a permittee has violated the regulations under COMAR 11.04.01—11.04.04, or the terms of any permit issued to the permittee, two times within any 6-month period, the Unit may suspend for 30 days the use of any hauling permit requested by or issued to the permittee and outstanding.
B. If a permittee has violated the regulations under COMAR 11.04.01—11.04.04, or the terms of any permit issued to the permittee, three times within any 12-month period, the Unit may suspend for up to 90 days the use of any hauling permit requested by or issued to the permittee and outstanding.
C. If a permittee has violated the regulations under COMAR 11.04.01—11.04.04, or the terms of any permit issued to the permittee, more than three times within any 12-month period, the Unit may suspend for up to 120 days the use of a special hauling permit, and may revoke permanently any blanket hauling permit or any book permit issued to the permittee and outstanding.
D. A permittee, whose blanket hauling permit or book permit has been suspended or revoked, may apply for a special hauling permit. The Unit will consider the request, but the determination on whether to issue a permit will be based on a case by case basis.
D-1. If a permittee violates the weight restrictions of an exceptional hauling permit that exceeds 5,000 pounds and the permit is confiscated, on notification of the confiscation, the Unit shall:
(1) Review the circumstances of the confiscation;
(2) Verify that a weight violation did occur; and
(3) Revoke the permit if the weight violation exceeds the allowable permit weight by more than 5,000 pounds.
E. Procedures.
(1) The Unit determines initially all violations of the regulations under COMAR 11.04.01—11.04.04 or the terms of any permit.
(2) If the Unit determines that there has been a violation, it shall notify the permittee by certified mail of the specific violations, the period of suspension or revocation, and the opportunity for appeal and to be heard.
(3) The permittee has 7 business days from receipt of the written notice of violation to file a written appeal to the Director, Office of Traffic and Safety, State Highway Administration. Only a written appeal filed within the timeframe specified will be accepted.
(4) If an appeal is filed, the Director, Office of Traffic and Safety, shall review the entire record relating to any violation charged. If the appellant specifically requests a hearing, the Director, Office of Traffic and Safety, shall grant a hearing. If the appellant fails to appear at the hearing, the Director, Office of Traffic and Safety, may proceed by a review of the record.
(5) After reviewing the record and any evidence submitted at any hearing, the Director, Office of Traffic and Safety, shall affirm, amend, or reverse the findings of the Unit.
(6) The decision of the Director, Office of Traffic and Safety, is the final decision of the State Highway Administration.
**Cross References**
11.04.01.11B(1)
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.04 to 11.04.01*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .03D amended effective June 11, 1990 (17:11 Md. R. 1343)*
- *Administrative History: Regulation .03 amended as an emergency provision effective May 1, 1992 (19:10 Md. R. 928); amended permanently effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .03 amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .03 and .07 amended as an emergency provision effective April 17, 1995 (22:9 Md. R. 642)*
- *Administrative History: Regulation .07 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .07A amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .05A and .08B amended as an emergency provision effective July 5, 1984 (11:15 Md. R. 1328); adopted permanently effective September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .03E amended effective May 31, 1999 (26:11 Md. R. 856)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 22, 2010 (37:6 Md. R. 478)*
- *Administrative History: Regulation .02 amended as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); amended permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13 adopted as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); adopted permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-109, 24-112, 24-113, 24-113.2, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.01.11** False Statement in Permit Application. {#sec-11.04.01.11 omnilex-key=us-md-regs-official--title-11--11.04.01.11}
A. If an application for a permit for movement of an oversize or overweight vehicle contains a false statement of a material fact, the Unit may deny that permit and any future permits to the permittee.
B. Procedures.
(1) If the Unit determines that an application contains a false statement of a material fact, the Unit shall notify the permittee by certified mail of its determination, the status of suspension from future permits, the duration of that suspension as provided in COMAR 11.04.01.10, and the opportunity for appeal and to be heard.
(2) The permittee has 7 business days from receipt of the written notice of violation to file a written appeal to the Director, Office of Traffic and Safety, State Highway Administration. Only a written appeal filed within the time frame specified will be accepted.
(3) If an appeal is filed, the Director, Office of Traffic and Safety, shall review the entire record relating to any violation charged. If the appellant specifically requests a hearing, the Director, Office of Traffic and Safety, shall grant a hearing. If the appellant fails to appear at the hearing, the Director, Office of Traffic and Safety, may proceed by a review of the record.
(4) After reviewing the record and any evidence submitted at any hearing, the Director, Office of Traffic and Safety, shall affirm, amend, or reverse the decision of the Unit.
(5) The decision of the Director, Office of Traffic and Safety, is the final decision of the State Highway Administration.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.04 to 11.04.01*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .03D amended effective June 11, 1990 (17:11 Md. R. 1343)*
- *Administrative History: Regulation .03 amended as an emergency provision effective May 1, 1992 (19:10 Md. R. 928); amended permanently effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .03 amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .03 and .07 amended as an emergency provision effective April 17, 1995 (22:9 Md. R. 642)*
- *Administrative History: Regulation .07 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .07A amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .05A and .08B amended as an emergency provision effective July 5, 1984 (11:15 Md. R. 1328); adopted permanently effective September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .03E amended effective May 31, 1999 (26:11 Md. R. 856)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 22, 2010 (37:6 Md. R. 478)*
- *Administrative History: Regulation .02 amended as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); amended permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13 adopted as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); adopted permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-109, 24-112, 24-113, 24-113.2, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.01.12** Exceptional Hauling Permits. {#sec-11.04.01.12 omnilex-key=us-md-regs-official--title-11--11.04.01.12}
The State Highway Administration may issue an exceptional hauling permit in accordance with Transportation Article, §24-113.2, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.04 to 11.04.01*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .03D amended effective June 11, 1990 (17:11 Md. R. 1343)*
- *Administrative History: Regulation .03 amended as an emergency provision effective May 1, 1992 (19:10 Md. R. 928); amended permanently effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .03 amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .03 and .07 amended as an emergency provision effective April 17, 1995 (22:9 Md. R. 642)*
- *Administrative History: Regulation .07 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .07A amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .05A and .08B amended as an emergency provision effective July 5, 1984 (11:15 Md. R. 1328); adopted permanently effective September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .03E amended effective May 31, 1999 (26:11 Md. R. 856)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 22, 2010 (37:6 Md. R. 478)*
- *Administrative History: Regulation .02 amended as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); amended permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13 adopted as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); adopted permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-109, 24-112, 24-113, 24-113.2, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.01.13** Heavy Weight Port Corridor Permits. {#sec-11.04.01.13 omnilex-key=us-md-regs-official--title-11--11.04.01.13}
The State Highway Administration may issue a Heavy Weight Port Corridor permit in accordance with Transportation Article, §24-113.3, Annotated Code of Maryland, and COMAR 11.04.17.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.04 to 11.04.01*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .03D amended effective June 11, 1990 (17:11 Md. R. 1343)*
- *Administrative History: Regulation .03 amended as an emergency provision effective May 1, 1992 (19:10 Md. R. 928); amended permanently effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: Regulation .03 amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .03 and .07 amended as an emergency provision effective April 17, 1995 (22:9 Md. R. 642)*
- *Administrative History: Regulation .07 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .07A amended effective August 14, 1995 (22:16 Md. R. 1221)*
- *Administrative History: Regulations .05A and .08B amended as an emergency provision effective July 5, 1984 (11:15 Md. R. 1328); adopted permanently effective September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .03E amended effective May 31, 1999 (26:11 Md. R. 856)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 22, 2010 (37:6 Md. R. 478)*
- *Administrative History: Regulation .02 amended as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); amended permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13 adopted as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); adopted permanently effective April 20, 2020 (47:8 Md. R. 435)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-109, 24-112, 24-113, 24-113.2, and 24-113.3, Annotated Code of Maryland*
## **11.04.02** General Conditions for Movement of Oversize and Overweight Vehicles
##### **COMAR 11.04.02.01** Definitions. {#sec-11.04.02.01 omnilex-key=us-md-regs-official--title-11--11.04.02.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the State Highway Administration.
(1-1) “Authority” means the Maryland Transportation Authority.
(1-2) “Authority highway” has the meaning stated in Transportation Article, §21-1401, Annotated Code of Maryland.
(2) “Certified weights” means vehicle or axle weights that have been weighted on scales approved or accepted by the Commercial Vehicle Enforcement Division of the Department of State Police.
(3) Construction Equipment.
(a) “Construction equipment” means equipment used to build, repair, replace, or maintain structures, transportation facilities, or infrastructure.
(b) “Construction equipment” includes, but is not limited to:
(i) Demolition;
(ii) Excavation;
(iii) Grading;
(iv) Digging;
(v) Stockpiling;
(vi) Erection; or
(vii) Placement of materials or supplies.
(4) Heavy Machinery.
(a) “Heavy machinery” means large stationery machinery transported on tractor-trailer combination vehicles.
(b) “Heavy machinery” includes, but is not limited to:
(i) Armored tanks;
(ii) Transformers;
(iii) Vessel tanks;
(iv) Girders;
(v) Compressors; and
(vi) Rotors.
(5) “Irreducible” means a vehicle configuration exceeding applicable size or weight limits which, if separated into smaller loads, would:
(a) Compromise the intended use of the vehicle, for example, make it unable to perform the function for which it was intended;
(b) Destroy the value of the load or vehicle, for example, make it unusable for its intended purpose; or
(c) Require more than 8 manhours to dismantle, using appropriate equipment.
(6) “Oversize” means dimensions of length, width, or height that exceed the limits allowed by Transportation Article, Title 24, Annotated Code of Maryland.
(7) “Overweight” means weights that exceed the limits allowed by Transportation Article, Title 24, Annotated Code of Maryland.
(8) “Self-propelled vehicle” means a single unit vehicle containing the means for its own propulsion within itself.
(9) “Spacing” means the distance measured lengthwise and horizontally between axle center lines or the center lines of exterior axles within a group.
(10) “Special mobile equipment” means a vehicle that is not used primarily for highway transportation of people or property and is operated or moved on a highway only as an incident to its nonhighway use.
(11) “Unit” means the Hauling Permits Unit of the Motor Carrier Division, Office of Traffic and Safety, within the State Highway Administration, and is the Unit that issues permits for oversize and overweight vehicles.
**Cross References**
11.04.01.03B
11.04.01.04B
11.04.01.06B
11.04.01.07B
11.04.02.01-1F
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.05 to 11.04.02*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .01 amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .01B amended effective June 24, 2013 (40:12 Md. R. 1042)*
- *Administrative History: Regulation .01-1 amended effective February 1, 1998 (25:2 Md. R. 76); December 22, 2003 (30:25 Md. R. 1849); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .01-1A amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .02 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02C, D amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .03B, G amended, I adopted, effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .03G, H amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .03C amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .04 amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .04A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .05 amended effective May 19, 1986 (13:10 Md. R. 1157); June 11, 1990 (17:11 Md. R. 1344); December 22, 2003 (30:25 Md. R. 1849); March 22, 2010 (37:6 Md. R. 479); June 24, 2013 (40:12 Md. R. 1042); December 25, 2023 (50:25 Md. R. 1088)*
- *Administrative History: Regulation .06 amended effective June 11, 1990 (17:11 Md. R. 1344); March 25, 1996 (23:6 Md. R. 477); February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective February 1, 1998 (25:2 Md. R. 76); December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .07B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 adopted effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .08 amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08F, G amended effective December 22, 2003 (30:25 Md. R. 1849)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, and 24-113, Annotated Code of Maryland*
##### **COMAR 11.04.02.01-1** Miscellaneous Conditions. {#sec-11.04.02.01-1 omnilex-key=us-md-regs-official--title-11--11.04.02.01-1}
A. The conditions set forth in §§B—K of this regulation apply to each permit for an oversize or overweight vehicle.
B. Compliance.
(1) While making a move under the authority of any permit, the permittee or user shall comply with the vehicle laws of Maryland (except those general size and weight limits from which the permit authorizes departure), the regulations under COMAR 11.04.01—11.04.04, conditions, both general and specific, attached to the permit, and all updates posted on the Motor Carrier Division and CHART websites found at www.marylandroads.com.
(2) Notwithstanding any other provision of COMAR and absent an emergency declaration by the Governor, the Director, Office of Traffic and Safety may request and the Administrator may grant, reasonable exceptions of limited scope and duration to these conditions and any other requirements considered appropriate for reasons of public safety including, but not limited to, disaster relief outside the State and emergency response throughout the State.
C. Failure to Comply.
(1) Failure to comply with weight or dimension limits, or with other provisions (including restrictions, conditions, and notes) stated specifically in a permit or updates posted on the Motor Carrier Division and CHART websites found at www.marylandroads.com, renders the permit subject to immediate revocation and confiscation by any officer or authorized civilian employee of the Maryland State Police, any officer of the Maryland Transportation Authority Police, or any other police officer.
(2) If a permit is revoked for failure to comply with weight or size limitations, the permittee or user of the permitted vehicle shall be cited for the weight in excess of the permitted weight and for size in excess of the permitted size.
(2-1) If the weight violation exceeds the allowable permit weight by more than 5,000 pounds, the permitted vehicle shall be subject to all weight limitations and tolerances otherwise specified by Transportation Article, Title 24, Annotated Code of Maryland.
(2-2) A weight violation of an exceptional hauling permit, voids the permit and the permitted vehicle shall be subject to all weight limitations and tolerances otherwise specified by Transportation Article, Title 24, Annotated Code of Maryland.
(3) A permitted vehicle may not go off the route specified on the permit by more than 1 mile to rest or to secure food, fuel, or repairs. Failure to comply subjects the permitted vehicle to all weight limitations and tolerances otherwise specified by Transportation Article, Title 24, Annotated Code of Maryland.
(4) If a permittee or user is cited only for permit violations, the citing officer or authorized civilian employee of the Maryland State Police, an officer of the Maryland Transportation Authority Police, or other police officer may confiscate the permit.
(5) If a permit is revoked or confiscated, the permittee shall apply for a new permit.
(6) If a permit is revoked for failure to comply, the permittee shall obtain a new permit before moving the vehicle on any highway in the State.
(7) An officer or authorized civilian employee of the Maryland State Police, an officer of the Maryland Transportation Authority Police, or another police officer who confiscates a permit shall immediately notify the Unit and return the confiscated permit to the Unit after it has been used as evidence in any law enforcement proceedings brought against the permittee or user.
D. The permit carried in a vehicle is open for inspection by, and the permittee or user shall exhibit it upon request to, any State, county, municipal, or other public official, including any officer or civilian employee of the Maryland State Police, any employee of the Maryland Transportation Authority, and any employee of the Administration, or to any person involved in an accident with that vehicle.
E. The permittee shall reduce each vehicle and load which together are overweight of as much excess weight as possible and each vehicle and load which together are oversized as much as possible, unless the vehicle or load is irreducible.
F. The applicant for an irreducible load permit has the burden of proof as to the number of hours required to dismantle the load. Irreducible is defined in Regulation .01B(5) of this chapter.
G. The Unit may issue a permit without an engineering structural review to a vehicle which weighs more than 80,000 pounds, but which does not exceed 120,000 pounds.
H. The Unit may require an applicant to provide certified weight measurements.
I. The permit does not authorize, and the permittee may not carry, a load which exceeds the tire manufacturer's weight rating.
J. Combination Vehicles.
(1) Size.
(a) Width of Load. Vehicles with buckets, blades, scoops, or other attachments over 12 feet wide measured perpendicular to the vehicle's longitudinal center line shall have the buckets, blades, scoops, or other attachments removed and transported on another vehicle.
(b) Height of Load. A pole vehicle escort shall accompany vehicles and loads exceeding a height of 14 feet 6 inches.
(2) Weight.
(a) Heavy Machinery. A permittee of a vehicle with a load of heavy machinery shall comply with the requirements of §E of this regulation.
(b) The Unit may not issue a permit authorizing a permittee to carry more than 27,000 pounds on any one axle of the permit vehicle except under the specific exceptions set forth in §J(3) of this regulation.
(c) An overweight combination vehicle using a semitrailer and manufactured and purchased after October 31, 1997, shall comply with the 27,000 pound per axle maximum load limit.
(d) The Unit may issue a permit to a vehicle or a vehicle and load weighing more than 150,000 pounds only after a valid engineering structural review.
(e) The Unit may issue a permit without an engineering structural review to a vehicle which weighs more than 120,000 pounds, but which does not exceed 150,000 pounds, if the Unit determines that the vehicle will travel only on roadways for which a review is not required and the applicant has reduced the vehicle load or increased the number of axles on the vehicle tractor or semitrailer, or on both, to bring the vehicle within the following per-axle weight limits and axle spacing requirements:
(i) Steering axle—20,000 pounds;
(ii) Single axle (axle spacing over 8 feet)—27,000 pounds;
(iii) Two (tandem) axles (axle spacing 4—8 feet)—26,000 pounds per axle;
(iv) Three (tri) axles (axle spacing 8—16 feet)—21,000 pounds per axle;
(v) Four or more axles (minimum axle spacing 4 feet)—18,000 pounds per axle;
(vi) Minimum inner bridge axle spacing is 30 feet.
(3) Exceptions.
(a) An overweight combination vehicle using a semitrailer and registered, manufactured, or in the inventory of a licensed dealer on or before October 31, 1997, and sold before June 30, 1998, shall comply with the 27,000 pounds per axle maximum load limit after June 30, 2012.
(b) An existing overweight combination vehicle using a semitrailer may continue to be operated with axle loads not exceeding 30,000 pounds until October 31, 2012, if it complies with the permit regulations in effect on January 1, 1997, and, if the gross vehicle weight exceeds 110,000 pounds (55 tons), pays the fees set forth in COMAR 11.04.01 for any required engineering structural reviews.
(4) Load Reduction—Construction Equipment.
(a) A weight of a permitted vehicle of up to and including 27,000 pounds per axle shall be considered as irreducible if the vehicle is in compliance with the requirements of §J of this regulation.
(b) A weight of a permitted vehicle over 27,000 pounds and up to 30,000 pounds per axle shall be considered as irreducible if the vehicle is in compliance with the requirements of §J(1) of this regulation.
(5) Maximum Axle Weight.
(a) A vehicle that has reduced the load as much as possible and that has added as many axles as possible, but still is not able to achieve the 27,000 pound maximum axle weight limit, may still qualify for a permit.
(b) After the permittee demonstrates that axle weights have been reduced as much as possible, the Administration's Office of Bridge Development shall perform a bridge review and analysis on an individual basis.
(c) A combination vehicle seeking this maximum axle weight exception shall have a minimum of 15 axles on the entire combination vehicle, and any axle weighing more than 27,000 pounds shall have a minimum of eight tires and be at least 10 feet wide.
(d) An axle on a combination vehicle may not weigh more than 36,000 pounds.
K. Self-Propelled Vehicles.
(1) Size.
(a) Width of Load. Vehicles with buckets, blades, scoops, or other attachments over 12 feet wide measured perpendicular to the vehicle's longitudinal center line shall have the buckets, blades, scoops, or other attachments removed and transported on another vehicle.
(b) Height of Load. A pole vehicle escort shall accompany vehicles and loads exceeding a height of 14 feet 6 inches.
(2) Weight.
(a) The Unit may not issue a permit authorizing a permittee to carry more than 27,000 pounds on any one axle of the permit vehicle except under the specific exceptions set forth in §K(3) of this regulation.
(b) A self-propelled truck crane manufactured and purchased after October 31, 1997, shall comply with the 27,000 pound per axle maximum load limit.
(c) A self-propelled vehicle with a gross vehicle weight of 120,000 pounds or less which meets the requirements of this chapter and COMAR 11.04.01, 11.04.03, and 11.04.04 may obtain a permit from the Unit without an engineering structural review by the Administration's Office of Bridge Development.
(d) The Unit may issue a permit for a self-propelled crane (hydraulic or lattice boom) with a gross vehicle weight in excess of 120,000 pounds without requiring a bridge review for each move after the Administration's Office of Bridge Development performs an initial special bridge analysis and, as necessary or prudent, subsequent special bridge analyses for each self-propelled truck crane configuration if the:
(i) Maryland State Police Commercial Vehicle Enforcement Section has certified the axle weight and axle spacings of the applicant's vehicle before the application is submitted for a bridge analysis; and
(ii) Crane configuration has a maximum axle weight of 27,000 pounds, and a minimum of five axles.
(e) The Unit shall keep a file of approved self-propelled crane configurations and any restrictions for them.
(3) Exceptions—Self-Propelled Truck Cranes (Hydraulic and Lattice Boom).
(a) A self-propelled truck crane owned, manufactured, or in the inventory of a licensed dealer on or before October 31, 1997, and sold before October 31, 1998, shall comply with the 27,000 pounds per axle maximum load limit after October 31, 2012.
(b) To bring this vehicle into compliance with the 27,000 pound per axle maximum load limit, the use of boom dollies, the addition of booster axles, or other comparable measures are allowed.
(c) A self-propelled truck crane may continue to be operated with axle loads not exceeding 30,000 pounds until October 31, 2012, if it complies with the permit regulations in effect on January 1, 1997, and, if the gross vehicle weight exceeds 110,000 pounds (55 tons), pays the fees set forth in COMAR 11.04.01 for any required engineering structural reviews.
(4) Load Reduction.
(a) A weight of a permitted vehicle of up to and including 27,000 pounds per axle shall be considered as irreducible.
(b) A permittee of a vehicle with a weight over 27,000 pounds and up to 30,000 pounds per axle shall remove counterweights as necessary.
(5) Maximum Axle Weight.
(a) A vehicle that has reduced the load as much as possible and that has added as many axles as possible, but still is not able to achieve the 27,000 pound maximum axle weight limit, may still qualify for a permit.
(b) After the permittee demonstrates that axle weights have been reduced as much as possible, the Administration's Office of Bridge Development shall perform a bridge review and analysis on an individual basis.
(c) A self-propelled vehicle seeking this maximum axle weight exception shall have a minimum of seven axles.
(d) An axle on a self-propelled vehicle may not weigh more than 32,000 pounds.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.05 to 11.04.02*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .01 amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .01B amended effective June 24, 2013 (40:12 Md. R. 1042)*
- *Administrative History: Regulation .01-1 amended effective February 1, 1998 (25:2 Md. R. 76); December 22, 2003 (30:25 Md. R. 1849); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .01-1A amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .02 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02C, D amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .03B, G amended, I adopted, effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .03G, H amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .03C amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .04 amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .04A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .05 amended effective May 19, 1986 (13:10 Md. R. 1157); June 11, 1990 (17:11 Md. R. 1344); December 22, 2003 (30:25 Md. R. 1849); March 22, 2010 (37:6 Md. R. 479); June 24, 2013 (40:12 Md. R. 1042); December 25, 2023 (50:25 Md. R. 1088)*
- *Administrative History: Regulation .06 amended effective June 11, 1990 (17:11 Md. R. 1344); March 25, 1996 (23:6 Md. R. 477); February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective February 1, 1998 (25:2 Md. R. 76); December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .07B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 adopted effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .08 amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08F, G amended effective December 22, 2003 (30:25 Md. R. 1849)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, and 24-113, Annotated Code of Maryland*
##### **COMAR 11.04.02.02** Costs and Damages for Which Permittee is Responsible. {#sec-11.04.02.02 omnilex-key=us-md-regs-official--title-11--11.04.02.02}
A. The permittee is responsible for payment of each of the following items:
(1) All damage that the vehicle causes, either directly or indirectly, to any road surface, bridge, or other structure, whether maintained by the Administration or by another;
(2) The cost of all telegrams, express mail deliveries, or telephone calls made in connection with the permit;
(3) Any additional expense incurred by the Administration in connection with the permit or the move authorized by the permit.
B. The Administration may repair or correct any damage caused to facilities maintained by it and collect the cost of those repairs or corrections from the permittee. The Administration may agree to allow the permittee to perform the necessary repairs or corrections at the permittee's own expense. Any work performed by the permittee or its agent shall comply with all applicable standards and be satisfactory to the Administration. If the Administration finds the permittee's repairs or corrections unsatisfactory, the Administration may complete the repairs and collect the cost to complete the repairs from the permittee.
C. The permittee shall be responsible for any injury to persons or damage to public or private property caused directly or indirectly by the transportation of vehicles and loads under permit.
D. The permittee shall hold the State, its agents, and employees harmless from all suits, claims, damages, or proceedings of any kind, arising as a direct or indirect result of the transportation of vehicles and loads under permit, including the use of any permit vehicle waiting areas provided by the State.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.05 to 11.04.02*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .01 amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .01B amended effective June 24, 2013 (40:12 Md. R. 1042)*
- *Administrative History: Regulation .01-1 amended effective February 1, 1998 (25:2 Md. R. 76); December 22, 2003 (30:25 Md. R. 1849); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .01-1A amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .02 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02C, D amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .03B, G amended, I adopted, effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .03G, H amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .03C amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .04 amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .04A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .05 amended effective May 19, 1986 (13:10 Md. R. 1157); June 11, 1990 (17:11 Md. R. 1344); December 22, 2003 (30:25 Md. R. 1849); March 22, 2010 (37:6 Md. R. 479); June 24, 2013 (40:12 Md. R. 1042); December 25, 2023 (50:25 Md. R. 1088)*
- *Administrative History: Regulation .06 amended effective June 11, 1990 (17:11 Md. R. 1344); March 25, 1996 (23:6 Md. R. 477); February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective February 1, 1998 (25:2 Md. R. 76); December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .07B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 adopted effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .08 amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08F, G amended effective December 22, 2003 (30:25 Md. R. 1849)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, and 24-113, Annotated Code of Maryland*
##### **COMAR 11.04.02.03** Safety. {#sec-11.04.02.03 omnilex-key=us-md-regs-official--title-11--11.04.02.03}
A. When moving an oversize or overweight vehicle under the authority of a permit, the permittee or user shall ensure the safety and rights of the public.
B. Before crossing narrow bridges or traveling on narrow roads with equipment or a load extending over the center line of the road, the permittee or user shall make arrangements in advance, so that adequate flagpersons, escorts, or police are present to warn and direct approaching traffic.
C. Escort. The Unit, the Maryland State Police, or the Maryland Transportation Authority Police may require the permittee to provide one or more escort vehicles to accompany the oversize or overweight vehicle during its move.
D. Wide Load or Oversize Load Signs. If the vehicle, together with any load, exceeds 9 feet in width, the permittee shall display wide load or oversize load signs that conform to the specifications under COMAR 11.04.04.01, on the front and rear of the vehicle.
E. A permit vehicle shall maintain a 1/2 mile distance from another permit vehicle traveling in the same direction. Each permit vehicle with escort shall maintain a 1-mile distance from another escorted permit vehicle traveling in the same direction.
F. Turn signal flashing warning lamps may be used by the operator of a permit vehicle when the vehicle is traveling 20 miles per hour less than the posted speed limit.
G. To the greatest extent possible, permittees and users shall limit travel to the shortest practical route using interstate and State routes to reduce travel on secondary and local highways. In the case of exceptional hauling permits, permittees shall limit travel to State routes.
H. Notwithstanding any other provisions of COMAR 11.04.01—11.04.04, the Administration may include any conditions in a permit that are necessary to protect State highways and bridges or to maintain safety.
I. Road and Weather Conditions.
(1) The use of a permit is subject to favorable road and weather conditions.
(2) Travel is not allowed:
(a) On any highway when visibility is limited by atmospheric conditions or travel is made hazardous by weather or other conditions;
(b) When the surface of the highway is made hazardous by rain, sleet, snow, or ice, or movement is made hazardous by fog, flood, or wind.
(3) If a permitted vehicle is moving when inclement weather occurs, the driver shall proceed to a safe place off the roadway and park the vehicle until the weather clears.
(4) During inclement weather, police officers may require that the permitted vehicle be parked off the roadway until conditions warrant safe travel.
J. Warning Flags.
(1) During daylight hours, permitted vehicles shall display warning flags which are:
(a) Red fluorescent or orange fluorescent;
(b) At least 18 inches square; and
(c) Securely fastened by at least one corner or securely mounted on a staff.
(2) Two warning flags placed at the widest extremities of the vehicle or load shall be displayed by permitted vehicles or loads which exceed legal width.
(3) Warning flags shall be displayed on permitted vehicles or loads which exceed legal length or which have a rear-end overhang in excess of the legal limit. A single flag shall be displayed at the extreme rear if the overlength or projecting portion is 2 feet wide or less. Two flags shall be displayed at each side of the extreme rear in order to indicate maximum width if the overlength or projecting portion is wider than 2 feet.
K. Warning Lights.
(1) Permitted vehicles shall display warning lights if operating at night.
(2) Overwidth Loads.
(a) For overwidth loads which are uniform in width, amber lights shall be displayed on the forward corners of the load and red lights shall be displayed on the rear corners of the load.
(b) For loads which are overwidth for their entire length with a wider portion near the middle of the load, either amber or red lights shall be displayed at the front and rear corners of the load and amber lights shall be displayed on the sides of the load at the widest point.
(c) For loads which are not uniform in width with the overwidth portion of the load at the extreme rear of the load, red lights shall be displayed on the side of the load at its widest point.
(d) For loads which are not uniform in width with the overwidth portion of the load at the front of the load, amber lights shall be displayed on the side of the load at its widest point.
(3) Overlength Loads. For overlength loads with a rear overhang exceeding 4 feet, two red lights shall be displayed on the end of the overhang portion of the load, along with one red light on each side of the overhanging portion of the load.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.05 to 11.04.02*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .01 amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .01B amended effective June 24, 2013 (40:12 Md. R. 1042)*
- *Administrative History: Regulation .01-1 amended effective February 1, 1998 (25:2 Md. R. 76); December 22, 2003 (30:25 Md. R. 1849); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .01-1A amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .02 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02C, D amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .03B, G amended, I adopted, effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .03G, H amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .03C amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .04 amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .04A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .05 amended effective May 19, 1986 (13:10 Md. R. 1157); June 11, 1990 (17:11 Md. R. 1344); December 22, 2003 (30:25 Md. R. 1849); March 22, 2010 (37:6 Md. R. 479); June 24, 2013 (40:12 Md. R. 1042); December 25, 2023 (50:25 Md. R. 1088)*
- *Administrative History: Regulation .06 amended effective June 11, 1990 (17:11 Md. R. 1344); March 25, 1996 (23:6 Md. R. 477); February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective February 1, 1998 (25:2 Md. R. 76); December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .07B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 adopted effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .08 amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08F, G amended effective December 22, 2003 (30:25 Md. R. 1849)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, and 24-113, Annotated Code of Maryland*
##### **COMAR 11.04.02.04** Limitations on Authority Conferred by Permit. {#sec-11.04.02.04 omnilex-key=us-md-regs-official--title-11--11.04.02.04}
A. The authority conferred by any permit does not include authority to do any of the following:
(1) Move the oversize or overweight vehicle over any highway, bridge, or other structure under the jurisdiction of any county, municipality, or other entity (other than the Administration), except that a permit authorizes the permittee or user to cross the highway, bridge, or structure, after giving sufficient notice to the responsible authority and making proper arrangements with that authority for the crossing;
(2) Move the oversize or overweight vehicle over any railroad or railway track or right-of-way, at grade, except that a permit authorizes the permittee or user to cross the track or right-of-way at an established grade crossing, after giving sufficient notice to the local superintendent of the railroad or railway, or to the duly authorized representative of the superintendent, and making proper arrangements with the superintendent or the superintendent's representative for the crossing;
(3) Use or damage any private property;
(4) Disturb any wires, cables, traffic signs and signals, street lights, limbs of trees, signs, or other structures or appurtenances. If a proposed move is expected to disturb any of these structures, the permittee shall obtain permission from the owner of the structure and shall make any arrangements required by the owner to avoid damage to the structure, before the move is begun.
B. Local road designations may be used in a route description for purposes of continuity to indicate connecting routes of travel. However, nothing contained in a permit shall be construed to confer authority to cross any road, bridge, or other structure that is not under the jurisdiction of the Administration.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.05 to 11.04.02*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .01 amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .01B amended effective June 24, 2013 (40:12 Md. R. 1042)*
- *Administrative History: Regulation .01-1 amended effective February 1, 1998 (25:2 Md. R. 76); December 22, 2003 (30:25 Md. R. 1849); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .01-1A amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .02 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02C, D amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .03B, G amended, I adopted, effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .03G, H amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .03C amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .04 amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .04A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .05 amended effective May 19, 1986 (13:10 Md. R. 1157); June 11, 1990 (17:11 Md. R. 1344); December 22, 2003 (30:25 Md. R. 1849); March 22, 2010 (37:6 Md. R. 479); June 24, 2013 (40:12 Md. R. 1042); December 25, 2023 (50:25 Md. R. 1088)*
- *Administrative History: Regulation .06 amended effective June 11, 1990 (17:11 Md. R. 1344); March 25, 1996 (23:6 Md. R. 477); February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective February 1, 1998 (25:2 Md. R. 76); December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .07B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 adopted effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .08 amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08F, G amended effective December 22, 2003 (30:25 Md. R. 1849)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, and 24-113, Annotated Code of Maryland*
##### **COMAR 11.04.02.05** Movement on or Across Toll Facilities. {#sec-11.04.02.05 omnilex-key=us-md-regs-official--title-11--11.04.02.05}
A. The following restrictions apply to the movement of any oversize or overweight vehicle on or through the following Authority highways:
(1) Baltimore Harbor Tunnel Thruway (I-895);
(2) Thomas J. Hatem Memorial Bridge (Susquehanna River Bridge, U.S. 40);
(3) Harry W. Nice Memorial/Thomas “Mac” Middleton Bridge (Potomac River Bridge, U.S. 301);
(4) William Preston Lane Jr. Memorial Bridge (Bay Bridge, U.S. 50/301);
(5) Francis Scott Key Bridge (MD 695);
(6) John F. Kennedy Memorial Highway (I-95);
(7) Fort McHenry Tunnel (I-95);
(8) Intercounty Connector (MD 200); and
(9) Any other Authority highway operated by the Authority on which the permittee may travel.
B. Any oversize or overweight vehicle and any vehicle and load together exceeding 96 inches (8 feet) in width or 13 feet 6 inches in height is prohibited from entering the Baltimore Harbor Tunnel and its approaches (I-895).
C. Any oversize vehicle and load together exceeding 14 feet 6 inches in height or 11 feet in width is prohibited from entering the I-95 Fort McHenry Tunnel and its approaches unless, in the case of vehicles and loads exceeding 11 feet in width, special written permission is obtained from the Administrator of the Tunnel.
D. Unless otherwise approved by the Authority, a permittee or user may move an oversize or overweight vehicle on or across an Authority highway only during daylight hours between 9 a.m. Monday and 12 noon Friday.
E. When moving any oversize or overweight vehicle on or across an Authority highway, the permittee or user shall comply with all regulations issued by the Authority to regulate the use of an Authority highway, and with the direction of the Transportation Authority Police, including directions requiring that the vehicle be escorted during its move.
F. The permittee or user shall notify the Facility Administrator or the Transportation Authority Police assigned to a particular Authority highway, as specified on the permit at least 1 hour before beginning movement of an oversize or overweight vehicle on or across the project. This does not include any permit vehicle waiting area provided by the Authority.
G. Regardless of any other provision of the regulations under COMAR 11.04.0111.04.04, the movement of any oversize or overweight vehicle on or across an Authority highway may be delayed or prohibited if, in the opinion of the Facility Administrator or the Transportation Authority Police assigned to the project, the movement of the oversize or overweight vehicle would endanger life or property or result in undue interference or interruption of traffic at that project.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.05 to 11.04.02*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .01 amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .01B amended effective June 24, 2013 (40:12 Md. R. 1042)*
- *Administrative History: Regulation .01-1 amended effective February 1, 1998 (25:2 Md. R. 76); December 22, 2003 (30:25 Md. R. 1849); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .01-1A amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .02 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02C, D amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .03B, G amended, I adopted, effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .03G, H amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .03C amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .04 amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .04A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .05 amended effective May 19, 1986 (13:10 Md. R. 1157); June 11, 1990 (17:11 Md. R. 1344); December 22, 2003 (30:25 Md. R. 1849); March 22, 2010 (37:6 Md. R. 479); June 24, 2013 (40:12 Md. R. 1042); December 25, 2023 (50:25 Md. R. 1088)*
- *Administrative History: Regulation .06 amended effective June 11, 1990 (17:11 Md. R. 1344); March 25, 1996 (23:6 Md. R. 477); February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective February 1, 1998 (25:2 Md. R. 76); December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .07B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 adopted effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .08 amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08F, G amended effective December 22, 2003 (30:25 Md. R. 1849)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, and 24-113, Annotated Code of Maryland*
##### **COMAR 11.04.02.06** Hours for Movement, in General. {#sec-11.04.02.06 omnilex-key=us-md-regs-official--title-11--11.04.02.06}
A. The permittee or user may move an oversize or overweight vehicle during any daylight hours from 1/2 hour after sunrise to 1/2 hour before sunset, subject to the following restrictions.
B. Restrictions.
(1) A person may not move an oversize or overweight vehicle, even during daylight hours, on:
(a) Any Saturday after 12 noon;
(b) Any Sunday;
(c) Those holiday periods included on a list compiled by the Unit for each calendar year, available upon request from the Unit after December 15 of the preceding calendar year.
(2) The permittee or user may move any vehicle and load that together exceed 45 tons gross weight or are 100 feet or more in length or 12 feet or more in width over either of the following facilities from 9 a.m. to 3:30 p.m. only, on those days not specified in §B(1) of this regulation:
(a) I-495/I-95 (Capital Beltway);
(b) I-695/MD 695 (Baltimore Beltway).
(3) The permittee or user may move any vehicle and load that together are 14 feet or more in width on any highway in the State from 9 a.m. to 3:30 p.m. only, on those days not specified in §B(1) of this regulation.
(4) Notwithstanding §§A and B of this regulation, the permittee or user may move an oversize or overweight vehicle on dates and during hours specifically set forth in the permittee's or user's permit. The Unit may specify additional conditions under which that movement may be made.
(5) Oversize or overweight special mobile equipment that is self-propelled and cannot maintain a speed of at least 40 miles per hour is prohibited from the Capital Beltway (I-95/I-495) and Baltimore Beltway (I-695/MD 695) between the hours of 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. on those days not specified in §B(1) of this regulation.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.05 to 11.04.02*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .01 amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .01B amended effective June 24, 2013 (40:12 Md. R. 1042)*
- *Administrative History: Regulation .01-1 amended effective February 1, 1998 (25:2 Md. R. 76); December 22, 2003 (30:25 Md. R. 1849); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .01-1A amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .02 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02C, D amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .03B, G amended, I adopted, effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .03G, H amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .03C amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .04 amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .04A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .05 amended effective May 19, 1986 (13:10 Md. R. 1157); June 11, 1990 (17:11 Md. R. 1344); December 22, 2003 (30:25 Md. R. 1849); March 22, 2010 (37:6 Md. R. 479); June 24, 2013 (40:12 Md. R. 1042); December 25, 2023 (50:25 Md. R. 1088)*
- *Administrative History: Regulation .06 amended effective June 11, 1990 (17:11 Md. R. 1344); March 25, 1996 (23:6 Md. R. 477); February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective February 1, 1998 (25:2 Md. R. 76); December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .07B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 adopted effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .08 amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08F, G amended effective December 22, 2003 (30:25 Md. R. 1849)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, and 24-113, Annotated Code of Maryland*
##### **COMAR 11.04.02.07** Emergency Movement. {#sec-11.04.02.07 omnilex-key=us-md-regs-official--title-11--11.04.02.07}
A. Emergency Status.
(1) An emergency exists when there is a danger of:
(a) Loss of life;
(b) Serious bodily injury;
(c) Fire;
(d) Severe property damage;
(e) Hazardous material leakage; or
(f) Major interruption to the flow of traffic on any part of the State highway system.
(2) A potential permittee with an oversize or overweight vehicle, expecting to respond to emergency situations, shall send a written request for emergency response status to the Director, Office of Traffic and Safety.
(3) Notwithstanding any other provision of regulations under this chapter and COMAR 11.04.01, 11.04.03, and 11.04.04, a person may move rescue, construction, or utility equipment which is oversize or overweight to the scene of an emergency in order to provide or assist in providing relief without having a permit in hand, and at any time, under one of the procedures in §B of this regulation.
B. Procedures.
(1) If, at the time the owner or operator of the equipment learns of the emergency and decides that a move must be made, and the office of the Unit is open for business, the procedure established below shall be followed:
(a) The owner or operator shall telephone and advise the Unit's headquarters office of the nature of the emergency, the route proposed to be traveled, and the characteristics of the oversize or overweight equipment to be moved;
(b) The move may be made only after the Unit has approved the proposed move, has given a permit number, and has advised the Maryland State Police concerning the proposed move;
(c) The Telecommunications Section, Electronic Systems Division, of the Maryland State Police shall send instructions, as necessary, to State Police and other appropriate authorities in areas affected by the move;
(d) The Unit shall issue a special hauling permit the same day and shall charge the owner or operator the appropriate fee.
(2) If, at the time the owner or operator of the equipment learns of the emergency and decides that a move must be made, and the office of the Unit is not open for business, the following procedure shall be followed:
(a) The owner or operator shall telephone the Statewide Operations Center at 1-800-543-2515, located at the State Highway Administration's Office of Traffic and Safety in Hanover, Maryland;
(b) The Statewide Operations Center will upon being notified by a permittee of the need for an emergency move notify an on-call representative for the Unit and will provide the permittee's telephone number directly to the on-call representative who will call the permittee to obtain pertinent information concerning the emergency move relative to the proposed route of travel, and the characteristics of the oversize or overweight equipment to be moved;
(c) The move may be made only after the designated Unit representative has approved the proposed move and has advised the Telecommunications Section, Electronic Systems Division, of the Maryland State Police concerning the proposed move;
(d) The Telecommunications Section, Electronic Systems Division, of the Maryland State Police shall send instructions, as necessary, to State Police and other appropriate authorities in areas affected by the move;
(e) The Unit shall issue a special hauling permit the next working day and shall charge the owner or operator the appropriate fee.
(3) After the emergency:
(a) The permittee or user shall obtain a permit for the return move and shall be subject to all normal permit provisions; and
(b) The Unit may require the permittee to submit on a form and in a manner prescribed by the Unit, a report describing the emergency.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.05 to 11.04.02*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .01 amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .01B amended effective June 24, 2013 (40:12 Md. R. 1042)*
- *Administrative History: Regulation .01-1 amended effective February 1, 1998 (25:2 Md. R. 76); December 22, 2003 (30:25 Md. R. 1849); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .01-1A amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .02 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02C, D amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .03B, G amended, I adopted, effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .03G, H amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .03C amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .04 amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .04A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .05 amended effective May 19, 1986 (13:10 Md. R. 1157); June 11, 1990 (17:11 Md. R. 1344); December 22, 2003 (30:25 Md. R. 1849); March 22, 2010 (37:6 Md. R. 479); June 24, 2013 (40:12 Md. R. 1042); December 25, 2023 (50:25 Md. R. 1088)*
- *Administrative History: Regulation .06 amended effective June 11, 1990 (17:11 Md. R. 1344); March 25, 1996 (23:6 Md. R. 477); February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective February 1, 1998 (25:2 Md. R. 76); December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .07B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 adopted effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .08 amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08F, G amended effective December 22, 2003 (30:25 Md. R. 1849)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, and 24-113, Annotated Code of Maryland*
##### **COMAR 11.04.02.08** Continuous Travel for Certain Special Mobile Equipment. {#sec-11.04.02.08 omnilex-key=us-md-regs-official--title-11--11.04.02.08}
A. In this regulation:
(1) “Continuous travel” means travel allowed 24 hours a day, 7 days a week, subject to the provisions on the permit and any attachments or updates listed on the Motor Carrier Division and CHART websites found at www.marylandroads.com, and subject to all regulations (except hours for movement) under COMAR 11.04.01 —11.04.04.
(2) “Qualifying special mobile equipment” means any self-propelled special mobile equipment as defined by Maryland Vehicle Law and reasonably determined by the Maryland State Police to be capable of complying with safety requirements applicable to class E (truck) vehicles.
B. Subject to the requirements of this regulation, the Unit may issue permits for continuous travel for qualifying special mobile equipment.
C. Notwithstanding any regulation to the contrary, special mobile equipment traveling under a permit allowing continuous travel is required to comply with the motor carrier safety provisions of Transportation Article, §25-111, Annotated Code of Maryland, including, but not limited to, compliance with the following requirements:
(1) The special mobile equipment shall be equipped with all safety equipment and devices required by the Transportation Article and regulations promulgated under the Transportation Article for class E (truck) vehicles;
(2) The special mobile equipment is subject to roadside safety inspections by the Maryland State Police or other authorized police officers; and
(3) For safety violations, penalties shall be charged as established for Transportation Article, §25-111, Annotated Code of Maryland.
D. To qualify for continuous travel, the special mobile equipment:
(1) May not be oversize;
(2) Shall be capable of safely maintaining a speed of 45 miles per hour and may not impede the flow of traffic;
(3) May not exceed a gross vehicle weight of 90,000 pounds (45 tons) including all tolerances;
(4) May not exceed a single axle weight of 27,000 pounds including all tolerances; and
(5) Shall meet the safety equipment requirements in §C of this regulation.
E. With the exception of the departure from weight limits provided for in the permit, the user shall comply with all of the vehicle weight laws of Maryland and may not cross over bridges when the vehicle weight exceeds posted bridge limitations.
F. Procedures.
(1) To obtain the permit, the applicant shall submit an originally signed completed application, facsimile, or electronic copy of the application on a form and in the manner prescribed by the Unit.
(2) In addition to other information required by the Unit, the application shall include the following:
(a) Written request for continuous travel;
(b) Serial number, identification number, or other similar information specifically identifying the unit of special mobile equipment for which the continuous travel permit is requested;
(c) Statement certifying that the particular unit of special mobile equipment identified on the application meets the safety equipment requirements described in §C of this regulation; and
(d) Statement of understanding that if the special mobile equipment is not in safe operating condition or fails to comply with safety equipment requirements, the permit automatically becomes void and the privilege to move the equipment granted under the conditions of the permit is immediately suspended until reinstated by the Unit.
(3) The permit is valid only for the unit of special mobile equipment for which it was issued and the original (not a copy) of the permit shall be carried in the unit when traveling on a highway in the State.
G. Penalties.
(1) If the special mobile equipment is found to be in unsafe operating condition or fails to comply with safety equipment requirements, in addition to the penalties provided for under Maryland Motor Vehicle Law, the permit shall be immediately rendered void and suspended until repairs are accomplished.
(2) A police officer may confiscate the permit if a safety violation is sufficient to place the vehicle out of service or for other reasonable cause. The officer shall immediately notify the Unit of the confiscation and return the confiscated permit to the Unit after it has been used as evidence in any law enforcement proceedings.
(3) The Unit may not give a credit, refund, or time extension for a period of suspension or confiscation, and the permit is not transferable to another unit of special mobile equipment.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.05 to 11.04.02*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .01 amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .01B amended effective June 24, 2013 (40:12 Md. R. 1042)*
- *Administrative History: Regulation .01-1 amended effective February 1, 1998 (25:2 Md. R. 76); December 22, 2003 (30:25 Md. R. 1849); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .01-1A amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .02 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02C, D amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .03B, G amended, I adopted, effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .03G, H amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 25, 1996 (23:6 Md. R. 477)*
- *Administrative History: Regulation .03C amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .04 amended effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .04A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .05 amended effective May 19, 1986 (13:10 Md. R. 1157); June 11, 1990 (17:11 Md. R. 1344); December 22, 2003 (30:25 Md. R. 1849); March 22, 2010 (37:6 Md. R. 479); June 24, 2013 (40:12 Md. R. 1042); December 25, 2023 (50:25 Md. R. 1088)*
- *Administrative History: Regulation .06 amended effective June 11, 1990 (17:11 Md. R. 1344); March 25, 1996 (23:6 Md. R. 477); February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective February 1, 1998 (25:2 Md. R. 76); December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .07B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 adopted effective June 11, 1990 (17:11 Md. R. 1344)*
- *Administrative History: Regulation .08 amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08F, G amended effective December 22, 2003 (30:25 Md. R. 1849)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, and 24-113, Annotated Code of Maryland*
## **11.04.03** Specific Conditions for Movement of Certain Oversize and Overweight Vehicles
##### **COMAR 11.04.03.01** Definitions. {#sec-11.04.03.01 omnilex-key=us-md-regs-official--title-11--11.04.03.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the State Highway Administration.
(2) “Excessive size” means an overall dimension of 16 feet or more in height, 16 feet or more in width, or 100 feet or more in length.
(3) “Excessive weight” means a gross vehicle weight exceeding 60 tons (120,000 pounds).
(3-1) “Massive weight” means a gross weight exceeding 250 tons (500,000 pounds).
(4) “Unit” means the Hauling Permits Unit of the Motor Carrier Division, Office of Traffic and Safety, within the State Highway Administration, and is the Unit that issues permits for oversize and overweight vehicles.
**Cross References**
11.04.01.06C(2)
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Regulation .01G adopted effective February 16, 1977 (4:4 Md. R. 283)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.06 to 11.04.03*
- *Administrative History: Regulation .01 amended effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .02B amended effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .01 amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .01B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02 amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d),(i), 24-112, 24-113, Annotated Code of Maryland*
##### **COMAR 11.04.03.02** Vehicles Over 45 Tons, Over 60 Tons (Excessive Weight), Over 250 Tons (Massive Weight), or of Excessive Size. {#sec-11.04.03.02 omnilex-key=us-md-regs-official--title-11--11.04.03.02}
A. In addition to the general conditions under COMAR 11.04.02, specific conditions apply to certain permits as indicated.
B. Applications.
(1) Excessive Weight. A person applying for a permit to move a vehicle which together with its load exceeds 60 tons, but does not exceed 250 tons, gross weight shall submit an application a minimum of 10 business days in advance of the proposed move to allow the Administration to complete any surveys, studies, or investigations necessary to determine an acceptable route and to determine any special conditions which should be included in the permit.
(1-1) Massive Weight. A person applying for a permit to move a vehicle which together with its load exceeds 250 tons gross weight shall submit an application a minimum of 30 business days in advance of the proposed move to allow the Administration to complete any surveys, studies, or investigations necessary to determine an acceptable route and to determine any special conditions which should be included in the permit.
(2) Excessive Size. For the movement of any vehicle, which together with its load is of excessive size, a person shall submit an application a minimum of 2 working days before the proposed move.
C. Safety. When the permittee or user moves a vehicle and load together exceeding 45 tons gross weight on any highway in the State, the speed of the overweight vehicle may not exceed 10 miles per hour under the posted speed limit at any time.
D. Surety Bonds.
(1) The Unit may require any applicant for a permit for movement of a vehicle which together with its load is of excessive size, excessive weight, or massive weight to post either or both of the bonds described in §D(2) and (3) of this regulation, before the permit is issued.
(2) Bond to Cover Administration Costs.
(a) The Unit may require the posting of a surety bond, satisfactory to the Unit, guaranteeing payment of the costs of any surveys, studies, or investigations which the Administration is required to perform in order to determine an acceptable route and to determine any special conditions for the permit.
(b) The Unit shall fix the amount of the bond.
(c) The Unit shall review and may disapprove the form of the bond and the security.
(3) Bond or Insurance to Assure Satisfactory Performance of Move.
(a) The Unit may require the posting of a surety bond, satisfactory to the Unit, guaranteeing performance of the move in a manner satisfactory to the Administration, and protecting the Administration and the State from any expense caused to them through failure of the permittee or user to comply with all the provisions of the permit or through any negligence of the permittee or user.
(b) The Unit shall fix the amount of the bond.
(c) The Unit shall review and may disapprove the form of the bond and the security.
(d) The applicant may substitute for the bond required under this subsection a contractual liability clause, satisfactory to the Unit, added to a standard certificate of insurance. The Unit shall fix the amount of the insurance and shall review and may disapprove the form of the clause and the insurer.
**Cross References**
11.04.01.06C(2)
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Regulation .01G adopted effective February 16, 1977 (4:4 Md. R. 283)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.06 to 11.04.03*
- *Administrative History: Regulation .01 amended effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .02B amended effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .01 amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .01B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02 amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d),(i), 24-112, 24-113, Annotated Code of Maryland*
##### **COMAR 11.04.03.03** Steel-Rimmed Equipment. {#sec-11.04.03.03 omnilex-key=us-md-regs-official--title-11--11.04.03.03}
A. The special requirements in §B of this regulation apply when any person moves heavy equipment having steel rims (steel wheels or tracks which would make contact with the road surface in the absence of protective devices) under its own power.
B. Special Requirements.
(1) If the gross weight of the equipment is more than 13 tons and less than 20 tons, the permittee shall move it on 2-inch thick timber mats at least 6 inches wider than the treads of the wheels or tracks of the equipment.
(2) If the gross weight of the equipment is 20 tons or more, the permittee shall move it on timber mats not less than 3 inches thick and at least 12 inches wider than the treads of the wheels or tracks of the equipment.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Regulation .01G adopted effective February 16, 1977 (4:4 Md. R. 283)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.06 to 11.04.03*
- *Administrative History: Regulation .01 amended effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: Regulation .02B amended effective August 1, 1984 (11:15 Md. R. 1331)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .01 amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .01B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02 amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d),(i), 24-112, 24-113, Annotated Code of Maryland*
## **11.04.04** Oversize and Overweight Vehicles — Escort Vehicles, Signing, and Lighting
##### **COMAR 11.04.04.01** Signing. {#sec-11.04.04.01 omnilex-key=us-md-regs-official--title-11--11.04.04.01}
A. When a permittee or user moves a permit vehicle that exceeds 9 feet in width on highways in the State, the permittee shall display, on the front and rear of the vehicle, wide load or oversize load signs conforming to the specifications in §B of this regulation.
B. Specifications.
(1) Permit Vehicle.
(a) A permit vehicle shall display the words “wide load” or “oversize load” in black letters not less than 10 inches high, with a brush stroke not less than 1 5/8 inches wide.
(b) The letters shall appear on a yellow background, 18 inches high and 7 feet wide.
(2) Escort Vehicle. An escort vehicle shall display a “wide load” or “oversize load” sign either on the roof of the vehicle or on the front and rear of the vehicle that is at least 5 feet wide and 12 inches high with letters 8 inches high. The sign shall be clearly visible to traffic approaching the escort vehicle.
C. While the permit vehicle is moving on any highway in the State, the signing requirements of §§A and B of this regulation apply regardless of the permit vehicle's state of origin.
D. Placement of signs required by this regulation may not interfere with the visibility of brake lights, turn signals, or any other required lamps or signals on the vehicle.
**Cross References**
11.04.02.03D
11.04.04.04C
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.08 to 11.04.04*
- *Administrative History: Chapter repealed effective August 1, 1984 (11:15 Md. R. 1332)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06 adopted effective August 1, 1984 (11:15 Md. R. 1332)*
- *Administrative History: Regulation .01A, C amended effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .01B amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .01D adopted effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02A, C amended effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .02B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02D amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .02E adopted effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .03A amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .04 amended effective October 23, 1995 (22:21 Md. R. 1616); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .04B, D amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .05D amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .05E amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06A amended effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .06B, C amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .06C amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06C, D amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d),(i), 24-112, 24-113, Annotated Code of Maryland*
##### **COMAR 11.04.04.02** Escorts — General. {#sec-11.04.04.02 omnilex-key=us-md-regs-official--title-11--11.04.04.02}
A. A permittee shall be required to provide one or more private escort vehicles for an oversize or overweight permit move as indicated in Regulation .03 of this chapter. A permit move may be a vehicle with a load including manufactured housing (mobile home or modular unit) or a vehicle alone.
B. Monitoring of the permit move by State Highway Administration personnel may be required as determined by the State Highway Administration.
C. An escort by uniformed police is required as indicated in Regulation .06 of this chapter.
D. The Maryland Transportation Authority may require that a permit vehicle be escorted while traveling a toll facility.
E. Escort Vehicle. An escort vehicle:
(1) May not escort more than one oversize or overweight vehicle or load; and
(2) Shall be:
(a) Behind an overlength vehicle or load;
(b) Behind an overwidth vehicle or load on a multilane highway; and
(c) In front of an overwidth vehicle or load on a two-lane highway.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.08 to 11.04.04*
- *Administrative History: Chapter repealed effective August 1, 1984 (11:15 Md. R. 1332)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06 adopted effective August 1, 1984 (11:15 Md. R. 1332)*
- *Administrative History: Regulation .01A, C amended effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .01B amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .01D adopted effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02A, C amended effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .02B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02D amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .02E adopted effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .03A amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .04 amended effective October 23, 1995 (22:21 Md. R. 1616); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .04B, D amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .05D amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .05E amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06A amended effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .06B, C amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .06C amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06C, D amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d),(i), 24-112, 24-113, Annotated Code of Maryland*
##### **COMAR 11.04.04.03** Private Escort — When Required. {#sec-11.04.04.03 omnilex-key=us-md-regs-official--title-11--11.04.04.03}
A. One Escort. The permittee shall provide one escort vehicle for a permit move while it is traveling any highway in the State if the permit move is:
(1) More than 13 feet wide, unless the load is a manufactured housing unit;
(2) More than 85 feet long;
(3) 14 feet 6 inches high or more (pole vehicle required);
(4) More than 60 tons gross weight;
(5) Construction equipment over 12 feet wide traveling off the interstate system; or
(6) Traveling when weather or road conditions justify the requirement of one escort vehicle.
B. Two Escorts. The permittee shall provide two escort vehicles for a permit move if the permit move is:
(1) 14 feet wide or more including a load that is a manufactured housing unit;
(2) 140 feet long or more;
(3) Traveling a road too narrow to allow other vehicles to pass safely in either direction;
(4) Traveling against traffic that will have to be diverted or stopped; or
(5) Traveling when weather or road conditions justify the requirement of two escort vehicles.
**Cross References**
11.04.04.02A
11.04.04.06A
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.08 to 11.04.04*
- *Administrative History: Chapter repealed effective August 1, 1984 (11:15 Md. R. 1332)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06 adopted effective August 1, 1984 (11:15 Md. R. 1332)*
- *Administrative History: Regulation .01A, C amended effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .01B amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .01D adopted effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02A, C amended effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .02B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02D amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .02E adopted effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .03A amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .04 amended effective October 23, 1995 (22:21 Md. R. 1616); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .04B, D amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .05D amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .05E amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06A amended effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .06B, C amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .06C amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06C, D amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d),(i), 24-112, 24-113, Annotated Code of Maryland*
##### **COMAR 11.04.04.04** Private Escort — Equipment and Responsibilities. {#sec-11.04.04.04 omnilex-key=us-md-regs-official--title-11--11.04.04.04}
A. Communication. All private escort drivers and the permit driver shall be equipped with a two-way radio. The drivers shall maintain constant communication except for intermittent interruptions which may be caused by the terrain or atmospheric conditions, or directed by posting as in blasting areas.
B. Lighting.
(1) A private escort vehicle shall have at least one oscillating or rotating roof light, yellow in color, at least 3 inches in diameter and visible to the front and rear.
(2) Headlights of the escort and escorted vehicle shall be illuminated while conducting the move.
(3) Simultaneously flashing hazard warning lamps shall be used by the operator of a permit vehicle when the vehicle is traveling 20 miles per hour less than the posted speed limit.
C. An escort vehicle shall display a sign as specified in Regulation .01 of this chapter.
D. Position.
(1) Escort vehicles shall travel not more than 300 feet to the front or rear of the escorted vehicle and not closer to the escorted vehicle than is reasonable and prudent under prevailing speed and weather conditions.
(2) When one escort vehicle is required, it shall follow the escorted vehicle on any highway with two or more lanes in one direction, and it shall precede the escorted vehicle on any highway with only one lane in each direction. When transitioning from a multilane to a two-way highway, every effort shall be made for the escort vehicle to precede the escorted vehicle prior to entering the single lane portion of the highway.
(3) When a pole vehicle escort is required, the pole vehicle shall precede the escorted vehicle at a distance sufficient to adequately warn the escorted vehicle of an overhead obstruction.
(4) When two escort vehicles are required, one shall follow and the other shall precede the escorted vehicle.
E. Responsibilities.
(1) The purpose of an escort vehicle is to enhance safety by alerting the traveling public to the presence or approach of a permit vehicle and to reduce delays to the normal flow of traffic.
(2) The escort driver reviews the route and any special requirements or instructions with the permit driver. The permit driver, together with the escort driver, assures that signs are secured, lights are turned on and working, and two-way radios are working and appropriate channel selected.
(3) The front escort warns oncoming traffic of the presence of the permit vehicle, assists the permit driver to assure the permit route is being followed, and by radio notifies the permit driver of narrow structures, hazards, obstructions, pedestrians, and other potential problems that would affect the safe movement of the load and the traveling public.
(4) The rear escort warns approaching traffic of the presence of the permit vehicle, notifies the permit driver of flat tires and objects coming loose, and notifies front escort and permit driver of traffic buildup and motorists attempting to pass.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.08 to 11.04.04*
- *Administrative History: Chapter repealed effective August 1, 1984 (11:15 Md. R. 1332)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06 adopted effective August 1, 1984 (11:15 Md. R. 1332)*
- *Administrative History: Regulation .01A, C amended effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .01B amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .01D adopted effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02A, C amended effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .02B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02D amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .02E adopted effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .03A amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .04 amended effective October 23, 1995 (22:21 Md. R. 1616); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .04B, D amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .05D amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .05E amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06A amended effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .06B, C amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .06C amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06C, D amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d),(i), 24-112, 24-113, Annotated Code of Maryland*
##### **COMAR 11.04.04.05** Escorted Vehicles — General Restrictions. {#sec-11.04.04.05 omnilex-key=us-md-regs-official--title-11--11.04.04.05}
A. A person may not move an escorted vehicle on the interstate system if the movement would constitute a special traffic hazard.
B. When escort is required, each permit vehicle requires its own escort.
C. Each permit vehicle with escort shall maintain a 1-mile distance from another escorted permit vehicle traveling in the same direction.
D. If traffic buildup behind a permit move becomes heavy (considered to be in excess of six cars including any escort), the entire move shall safely leave the roadway when there is sufficient room to do so to allow traffic to pass.
E. Convoying. A person, except a State or federal military authority or by special authorization of the Director, Office of Traffic and Safety, State Highway Administration, may not convoy or group vehicles which must be escorted.
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.08 to 11.04.04*
- *Administrative History: Chapter repealed effective August 1, 1984 (11:15 Md. R. 1332)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06 adopted effective August 1, 1984 (11:15 Md. R. 1332)*
- *Administrative History: Regulation .01A, C amended effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .01B amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .01D adopted effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02A, C amended effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .02B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02D amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .02E adopted effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .03A amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .04 amended effective October 23, 1995 (22:21 Md. R. 1616); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .04B, D amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .05D amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .05E amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06A amended effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .06B, C amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .06C amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06C, D amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d),(i), 24-112, 24-113, Annotated Code of Maryland*
##### **COMAR 11.04.04.06** Police Escort. {#sec-11.04.04.06 omnilex-key=us-md-regs-official--title-11--11.04.04.06}
A. In addition to the private escort required under Regulation .03 of this chapter, the permittee shall also provide for police escort for certain permit moves.
B. The permittee shall provide for police escort for any permit move which is 16 feet wide or more or in excess of 75 tons gross weight.
C. The State Highway Administration Hauling Permits Unit may require police escort if:
(1) The permit move has a gross weight between 65 and 75 tons;
(2) Traffic will have to be diverted or stopped;
(3) The move will affect either:
(a) Two or more lanes of traffic on a highway having two or more lanes in one direction; or
(b) Both lanes of traffic on a highway having only one lane in each direction; or
(4) The circumstances are considered necessary for public safety.
D. Payment of Costs. The permittee is responsible for costs incurred by the law enforcement agency in the course of escorting the permittee's oversize or overweight vehicle. The costs will be assessed as determined by the State Highway Administration Hauling Permits Unit.
**Cross References**
11.04.04.02C
**History**
- *Administrative History: Effective date: May 20, 1975 (2:10 Md. R. 752)*
- *Administrative History: Chapter revised effective July 20, 1977 (4:15 Md. R. 1146)*
- *Administrative History: Chapter recodified from COMAR 11.04.08 to 11.04.04*
- *Administrative History: Chapter repealed effective August 1, 1984 (11:15 Md. R. 1332)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06 adopted effective August 1, 1984 (11:15 Md. R. 1332)*
- *Administrative History: Regulation .01A, C amended effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .01B amended effective February 1, 1998 (25:2 Md. R. 76); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .01D adopted effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02A, C amended effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .02B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .02D amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .02E adopted effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .03A amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .04 amended effective October 23, 1995 (22:21 Md. R. 1616); March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .04B, D amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .05D amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .05E amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06A amended effective October 23, 1995 (22:21 Md. R. 1616)*
- *Administrative History: Regulation .06B, C amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .06C amended effective February 1, 1998 (25:2 Md. R. 76)*
- *Administrative History: Regulation .06C, D amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d),(i), 24-112, 24-113, Annotated Code of Maryland*
## **11.04.05** Commercial-Industrial or Subdivision Street Permits (All Entrance Permits Other than Residential)
##### **COMAR 11.04.05.01** Authority. {#sec-11.04.05.01 omnilex-key=us-md-regs-official--title-11--11.04.05.01}
A. Authority. The Annotated Code of Maryland grants to the Administration certain regulatory authority, including the right to limit the width and location of existing access points, the requirement that a temporary or permanent entrance from any commercial or industrial property may not be made into any highway except in accordance with a permit issued by the Administration, and the requirement that permits must be acquired from the Administration before working within and across a State highway. An application for a permit to construct a commercial entrance street intersection shall be filed with plans, performance surety, and any other items which may be required by the responsible parties or their authorized representative.
B. Who Shall Apply for a Permit. The following is a descriptive listing of some of the parties required to apply for a permit. It is to be used only as a guide and may not be construed as all-inclusive. The words “commercial”, “industrial”, and “subdivision”, used singularly or collectively in the following text, shall include all entrances other than those for an individual residence:
(1) Owners, or their duly authorized representatives (developers, contractors, tenants, lessees, etc.), of land newly being developed commercially, industrially, or as a subdivision, all desiring access to a State highway;
(2) Parties desiring to establish a new public street intersection or modify an existing public street intersection;
(3) Parties desiring to change existing entrances or create new entrances into existing commercial or industrial facilities, and subdivisions;
(4) Parties desiring to modify, expand, or in any other manner make improvement to an existing facility, which will increase or change the type of vehicular generation or traffic pattern;
(5) Parties desiring to change use or occupancy of an existing facility;
(6) Parties owning, occupying, leasing, or using a commercial or industrial facility (which was in existence before 1957) that is not fully channelized in accordance to permits issued by the Administration and which is now deemed hazardous from the viewpoint of access;
(7) Parties desiring to do any work within or across the State highway right-of-way.
**History**
- *Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 757)*
- *Administrative History: Chapter recodified from COMAR 11.04.10 to 11.04.05*
- *Administrative History: Regulations .01—.04 amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .01A amended effective February 8, 2010 (37:3 Md. R. 176); February 1, 2016 (43:2 Md. R. 128); November 19, 2018 (45:23 Md. R. 1070)*
- *Administrative History: Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 176); November 19, 2018 (45:23 Md. R. 1070)*
- *Administrative History: Regulation .02A, B, D amended effective December 18, 1995 (22:25 Md. R. 1962)*
- *Administrative History: Regulation .02A, G amended effective February 1, 2016 (43:2 Md. R. 128)*
- *Administrative History: Regulation .03 amended effective February 8, 2010 (37:3 Md. R. 176)*
- *Administrative History: Regulation .03E amended effective November 30, 1979 (6:24 Md. R. 1920); December 18, 1995 (22:25 Md. R. 1962)*
- *Administrative History: Regulation .05 repealed, new Regulation .05 adopted effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .05A amended effective February 8, 2010 (37:3 Md. R. 176)*
- *Administrative History: Regulation .06 amended effective September 3, 1990 (17:17 Md. R. 2082); December 18, 1995 (22:25 Md. R. 1962); November 19, 2018 (45:23 Md. R. 1070)*
- *Administrative History: Regulation .06C amended effective February 8, 2010 (37:3 Md. R. 176)*
- *Administrative History: Regulation .07D amended effective November 30, 1979 (6:24 Md. R. 1920)*
- *Administrative History: Regulations .07 and .08 repealed effective September 3, 1990 (17:17 Md. R. 2082)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), 8-204(b), (c), and,(i) 8-625, 8-626, 8-629, 8-630, and 8-646, Annotated Code of Maryland*
##### **COMAR 11.04.05.02** Procedure for Obtaining an Entrance Permit. {#sec-11.04.05.02 omnilex-key=us-md-regs-official--title-11--11.04.05.02}
A. An individual or corporation desiring to construct a commercial, industrial, or public street entrance connecting with a State highway shall make written application, transmitted by methods as determined acceptable by the Administration, to the appropriate office listed below. Applications shall be accompanied by performance surety, detailed plans, and a utility letter (see §I(2) of this regulation), if applicable.
B. Applications should be mailed to the appropriate Administration office as follows:
| **District 1** Dorchester Somerset Wicomico Worcester | SHA District Office 660 West Road, P. O. Box 2679 Salisbury, MD 21802 (410) 677-4000 |
| --- | --- |
| **District 2** Caroline Cecil Kent Queen Anne’s Talbot | SHA District Office 615 Morgnec Rd. (MD 291) Box 299 Chestertown, MD 21620 (410) 778-3061 |
| **District 3** Montgomery Prince George’s | SHA District Office 9300 Kenilworth Ave. Greenbelt, MD 20770 (301) 513-7300 |
| **District 4** Baltimore Harford | SHA District Office 320 West Warren Road Hunt Valley, MD 21030 (410) 229-2300 |
| **District 5** Anne Arundel Calvert Charles Saint Mary’s | SHA District Office 138 Defense Highway Annapolis, MD 21401 (410) 841-1000 or (410) 841-5450 |
| **District 6** Allegany Garrett Washington | SHA District Office 1251 Vocke Rd. LaVale, MD 21502 (301) 729-8400 |
| **District 7** Carroll Frederick Howard | SHA District Office P. O. Box 308 5111 Buckeystown Pike Frederick, MD 21704 (301) 624-8100 |
C. Work may not be undertaken on the State right-of-way until the permittee has received his copy of the permit and a 48-hour advance notice has been given the maintenance engineer or inspector specified in it.
D. When permit work involves erection of a new traffic signal or relocation or adjustments to a traffic signal, or both, it will be the additional responsibility of the permittee to notify the State Highway Administration, Traffic Engineering Division, Glen Burnie, Maryland (phone: (410) 787-5800) and Assistant District Engineer, Traffic, 10 days before beginning the work. This 10-day period is on the assumption the traffic signal plan has been reviewed and approved by the Traffic Division and financial arrangements, if any, have been made. The Assistant District Engineer, Traffic, for each of the seven districts can be contacted as follows:
| **District 1** Dorchester Somerset Wicomico Worcester | SHA District Office 660 West Road, P. O. Box 2679 Salisbury, MD 21802 (410) 677-4000 |
| --- | --- |
| **District 2** Caroline Cecil Kent Queen Anne's Talbot | SHA District Office 615 Morgnec Rd. (MD 291) Box 299 Chestertown, MD 21620 (410) 778-3061 |
| **District 3** Montgomery Prince George's | SHA District Office 9300 Kenilworth Ave. Greenbelt, MD 20770 (301) 513-7300 |
| **District 4** Baltimore Harford | SHA District Office 320 West Warren Road Hunt Valley, MD 21030 (410) 229-2300 |
| **District 5** Anne Arundel Calvert Charles Saint Mary's | SHA District Office 138 Defense Highway Annapolis, MD 21401 (410) 841-1000 or (410) 841-5450 |
| **District 6** Allegany Garrett Washington | SHA District Office 1251 Vocke Rd. LaVale, MD 21502 (301) 624-8400 |
| **District 7** Carroll Frederick Howard | SHA District Office P. O. Box 308 5111 Buckeystown Pike Frederick, MD 21704 (301) 624-8100 |
E. Application. Applications shall be submitted in duplicate on forms obtained from the Administration’s website found at www.marylandroads.com or by other methods as determined acceptable by the Administration.
F. Plans.
(1) All applicants shall submit detailed plans for review, indicating the true relationship between their planned improvements and the Administration’s existing right-of-way, including easements, drainage facilities, and pavement. Plans shall be prepared by a registered land surveyor or registered professional engineer. Plans shall show dimensions, existing and proposed contours, storm drain facilities, structures, parking, interior traffic patterns, typical section through the State Highway Administration right-of-way, proposed curbs, sidewalk ramps, proposed widenings, etc.
(2) When possible, the applicant's plans should be referenced to Administration surveys.
(3) A general location map shall accompany plan submission.
(4) Preliminary plans should be prepared on an engineering scale of not less than 1 inch = 50 feet. Recommended scale is 1 inch = 20 feet. When acreage is of such a size that the plan must be to a smaller scale, it would be appropriate to make a separate plan for the entrance construction and any roadway improvement deemed necessary by the Administration.
(5) Plan submission shall include a maintenance-of-traffic plan.
(6) For access permits where work is required in a travelled lane or where work disrupts the normal traffic pattern, an appropriate traffic control plan shall be developed by professional representatives of the permittee and approved by the SHA Assistant District Engineer, Traffic.
G. Performance Surety. In order to ensure complete and satisfactory compliance with the terms and specifications of the entrance permit, the permittee shall be required to submit a performance bond, letter of credit, or certified check, in a form acceptable to the Administration. The amount of the bond, check, or letter of credit shall be the next highest even thousand dollar above 150 percent of the cost estimate for the construction. This estimate must be acceptable to the SHA. If a bond is submitted, the SHA shall be designated as the obligee and the permittee as principal. In instances when a certified check is submitted, the check shall be made payable to the State Highway Administration and include the permittee’s federal identification number.
H. Utility Adjustment.
(1) The relocation or adjustment of any public or private utility shall be the responsibility of the permittee and completed with entrance construction and roadway improvement. This includes traffic signals, fire hydrants, water mains, sewers, storm drains, telephone facilities, electric facilities, cable facilities, etc.
(2) Before the issuance of a permit, the permittee shall be required to submit letters from the permittee or utility companies acknowledging and agreeing to the financial responsibility regarding the relocation or adjustment of utilities along with a schedule for relocation and adjustments to utility facilities.
(3) It is the permittee's responsibility to relocate or have relocated all utilities which are within the paving and in front of the curbs or within the limit of work to be constructed under the permit. This relocation shall be accomplished before initiation of work stated in the permit or accomplished simultaneously with the work. The entrance and paving may not be open to traffic until relocation has been completed.
(4) The permittee or the permittee's representative shall notify “Miss Utility” (1-800-257-7777), 48 hours in advance of any construction to have underground utilities staked and marked in the field.
I. Inspection Cost. At the discretion of the Administration, a State highway construction inspector may be assigned full-time to inspect the work stipulated in the permit. All projects shall be inspected by the Administration. The Administration may require construction inspection reimbursement for any permit with over $50,000 in estimated neat construction costs. This reimbursement shall be calculated on the base pay of the assigned employee, plus overhead, and all administrative and general expenses.
J. Maintenance Responsibility. The owner shall be responsible for maintaining all areas from the flowline front face of a curb to the State highway right-of-way line both during and following construction.
K. Traffic Impact Study. At the discretion of the State's engineer, applicants for a major development or a development that may have a significant impact upon the State's highway system, or both, shall submit a traffic impact study to determine the type of access and scope of required highway improvements required to accommodate the proposed development.
**History**
- *Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 757)*
- *Administrative History: Chapter recodified from COMAR 11.04.10 to 11.04.05*
- *Administrative History: Regulations .01—.04 amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .01A amended effective February 8, 2010 (37:3 Md. R. 176); February 1, 2016 (43:2 Md. R. 128); November 19, 2018 (45:23 Md. R. 1070)*
- *Administrative History: Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 176); November 19, 2018 (45:23 Md. R. 1070)*
- *Administrative History: Regulation .02A, B, D amended effective December 18, 1995 (22:25 Md. R. 1962)*
- *Administrative History: Regulation .02A, G amended effective February 1, 2016 (43:2 Md. R. 128)*
- *Administrative History: Regulation .03 amended effective February 8, 2010 (37:3 Md. R. 176)*
- *Administrative History: Regulation .03E amended effective November 30, 1979 (6:24 Md. R. 1920); December 18, 1995 (22:25 Md. R. 1962)*
- *Administrative History: Regulation .05 repealed, new Regulation .05 adopted effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .05A amended effective February 8, 2010 (37:3 Md. R. 176)*
- *Administrative History: Regulation .06 amended effective September 3, 1990 (17:17 Md. R. 2082); December 18, 1995 (22:25 Md. R. 1962); November 19, 2018 (45:23 Md. R. 1070)*
- *Administrative History: Regulation .06C amended effective February 8, 2010 (37:3 Md. R. 176)*
- *Administrative History: Regulation .07D amended effective November 30, 1979 (6:24 Md. R. 1920)*
- *Administrative History: Regulations .07 and .08 repealed effective September 3, 1990 (17:17 Md. R. 2082)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), 8-204(b), (c), and,(i) 8-625, 8-626, 8-629, 8-630, and 8-646, Annotated Code of Maryland*
##### **COMAR 11.04.05.03** Entrance Standards and Specifications. {#sec-11.04.05.03 omnilex-key=us-md-regs-official--title-11--11.04.05.03}
A. All work and materials shall conform to Administration specifications, standards, and addenda current at the time of the permit grant.
B. All work is subject to Administration periodic inspection and final approval.
C. Entrance Location.
(1) The number and location of entrances which may be granted shall be based on usage, interior and exterior traffic patterns, and current design policy of the Administration.
(2) A maximum of two entrances may be allowed in the first 200 feet of frontage. For each additional 100 feet of frontage, a maximum of one entrance may be permitted, subject to the final determination of the Administration in order to promote highway safety. Regardless of frontage, a development may be restricted to a single entrance and exit location.
(3) Entrances shall adhere to the safety criteria for acceptable intersection or stopping sight distance conditions, or both, in accordance with current Administration standards and engineering practices.
D. Entrance Width.
(1) The maximum width for a two-way access at 90 degrees shall be 35 feet, except where traffic, type of access, or type or size of using vehicles justify a variation of the 35-foot maximum. The minimum width of a two-way access is 25 feet.
(2) One-way access at 45 degrees to 90 degrees shall have a maximum width of 20 feet. The minimum width should also be 20 feet. Exceptions based on existing conditions and current adopted design criteria may be made by the State Highway Administration.
(3) Entrance width shall be measured perpendicular to the center line of the entrance.
E. Channelization.
(1) Unless other channelization is acceptable to the Chief, Engineering Access Permits Division, all entrances permitted under these regulations shall be channelized, for their entire frontage, as follows:
(a) Projects funded in the Consolidated Transportation Program for construction within 6 years, whether or not advertised—temporary bituminous curb may be used;
(b) Highways with safety grading—type C concrete curb, or concrete curb and gutter;
(c) All other situations—type A concrete curb, or curb and gutter;
(d) On existing curbed State highways, developers shall generally be required to replace existing curbs in kind; and
(e) All improvements shall provide for increased safety and access for pedestrian and bicycle traffic in a manner acceptable to the Administration.
(2) The front curb shall be constructed on a line 14 feet to 17 feet from and parallel to the existing edge of the road as determined by the Administration. The rear edge of the back curb shall be constructed on the existing right-of-way line where existing right-of-way is sufficient for ultimate roadway design. Where the existing right-of-way is not sufficient to contain the ultimate improvements, the curb should be placed on the alignment of the proposed right-of-way line. The area between the curbs shall be properly graded and paved, sodded or seeded. Signs, structures, etc. may not be placed in this area or elsewhere within the highway right-of-way.
(3) In rural areas where a drainage ditch of sufficient depth to act as a barrier will remain paralleling the highway, or the height and grade of slope of the property abutting the State highway is greater than 3 feet and 2:1, respectively, the back curb (on the right-of-way line) may be eliminated at the discretion of the State Highway Administration. However, the front curb shall be constructed. If the topography of the area is changed by the owner so that the side ditches or cut slopes are eliminated, a curb or a curb and gutter along the right-of-way will be required.
(4) Ultimate Section.
(a) Rural Section—four lane divided highway, 50 foot—76 foot median Minimum 150 foot right-of-way*
(b) Urban Section—four lane divided highway—20 foot—34 foot median Minimum 120 foot right-of-way*
(c) Street Section—undivided 36 foot—60 foot street Minimum 80 foot right-of-way*
*Right of way widths based on minimum slope requirement. Increased slope requirement will necessitate wider right-of-way width.
F. Curb Length.
(1) The minimum curb length between entrances is 40 feet, consisting of a 10-foot radius—20-foot tangent—10-foot radius.
(2) The minimum tangent curb length between the radius point of the entrance and the property line is 10 feet.
G. Intersection Radius.
(1) At the intersection of a State highway with a minor road (county, municipal, etc.), the minimum radius shall be a 30-foot or equivalent three-centered compound curve and provide for increased safety and access for pedestrian and other intended traffic in a manner acceptable to SHA.
(2) At the intersection of a State highway with a State highway or other major arterial highway, the minimum radius shall be a 50-foot or equivalent three-centered compound curve and provide for increased safety and access for pedestrian and other intended traffic in a manner acceptable to SHA.
(3) At intersections with channelization providing for free right turns, the above-mentioned dimensions will be increased as directed by the State Highway Administration in accordance with accepted engineering practices.
(4) There shall be a minimum 20-foot tangent distance between the intersection radius and the first permitted entrance.
H. Paving. Paving within the State Highway Administration right-of-way, including storage lanes, bypass lanes, speed change lanes, crossovers, entrances proper, etc., shall be in accordance with current State Highway Administration paving specifications or as stipulated in the permit, or both.
I. Median Openings. The granting of a permit for access onto a dual type facility may not be construed to mean that an opening in the median will be permitted.
J. Pump Island Location. In order that the entrances operate at maximum efficiency, it is recommended that the roadside face of the pump island of filling stations be set a minimum of 12 feet, preferably 15 feet, from the property line. Pump setback lines are subject to the regulations of the pertinent local subdivision.
K. Building Setback. In order that the entrances operate at maximum efficiency, it is recommended that the minimum desirable building setback line be 30 feet. Building setback lines are subject to the regulations of the pertinent local subdivision and appropriate design criteria.
L. Angular Entrances. Angular entrances may not extend beyond the property line when paving a driveway to highway, or beyond access control limits. The point of control shall be the extension of the property line from its intersection at the existing State Highway Administration right-of-way line normal or radial to the edge of the pavement. One-way angular entrances shall be at 45 degrees.
M. Ditch Cross Sections. Ditch cross sections shall be in accordance with current adopted State Highway Administration criteria.
**History**
- *Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 757)*
- *Administrative History: Chapter recodified from COMAR 11.04.10 to 11.04.05*
- *Administrative History: Regulations .01—.04 amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .01A amended effective February 8, 2010 (37:3 Md. R. 176); February 1, 2016 (43:2 Md. R. 128); November 19, 2018 (45:23 Md. R. 1070)*
- *Administrative History: Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 176); November 19, 2018 (45:23 Md. R. 1070)*
- *Administrative History: Regulation .02A, B, D amended effective December 18, 1995 (22:25 Md. R. 1962)*
- *Administrative History: Regulation .02A, G amended effective February 1, 2016 (43:2 Md. R. 128)*
- *Administrative History: Regulation .03 amended effective February 8, 2010 (37:3 Md. R. 176)*
- *Administrative History: Regulation .03E amended effective November 30, 1979 (6:24 Md. R. 1920); December 18, 1995 (22:25 Md. R. 1962)*
- *Administrative History: Regulation .05 repealed, new Regulation .05 adopted effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .05A amended effective February 8, 2010 (37:3 Md. R. 176)*
- *Administrative History: Regulation .06 amended effective September 3, 1990 (17:17 Md. R. 2082); December 18, 1995 (22:25 Md. R. 1962); November 19, 2018 (45:23 Md. R. 1070)*
- *Administrative History: Regulation .06C amended effective February 8, 2010 (37:3 Md. R. 176)*
- *Administrative History: Regulation .07D amended effective November 30, 1979 (6:24 Md. R. 1920)*
- *Administrative History: Regulations .07 and .08 repealed effective September 3, 1990 (17:17 Md. R. 2082)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), 8-204(b), (c), and,(i) 8-625, 8-626, 8-629, 8-630, and 8-646, Annotated Code of Maryland*
##### **COMAR 11.04.05.04** Subdivisions, Street Location, and Alignment Requirements. {#sec-11.04.05.04 omnilex-key=us-md-regs-official--title-11--11.04.05.04}
A. Definitions.
(1) Roads or streets leading through a subdivision or development and making connection with a State or principal highway will be known under these regulations as “nonpreference roads”.
(2) State highways or principal roads will be known as “preference roads”.
B. Nonpreference roads leading into or intersecting preference roads are limited to a distance of 750 feet between center lines.
C. The angle of intersection with preference roads shall be not less than 70 degrees or greater than 110 degrees.
**History**
- *Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 757)*
- *Administrative History: Chapter recodified from COMAR 11.04.10 to 11.04.05*
- *Administrative History: Regulations .01—.04 amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .01A amended effective February 8, 2010 (37:3 Md. R. 176); February 1, 2016 (43:2 Md. R. 128); November 19, 2018 (45:23 Md. R. 1070)*
- *Administrative History: Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 176); November 19, 2018 (45:23 Md. R. 1070)*
- *Administrative History: Regulation .02A, B, D amended effective December 18, 1995 (22:25 Md. R. 1962)*
- *Administrative History: Regulation .02A, G amended effective February 1, 2016 (43:2 Md. R. 128)*
- *Administrative History: Regulation .03 amended effective February 8, 2010 (37:3 Md. R. 176)*
- *Administrative History: Regulation .03E amended effective November 30, 1979 (6:24 Md. R. 1920); December 18, 1995 (22:25 Md. R. 1962)*
- *Administrative History: Regulation .05 repealed, new Regulation .05 adopted effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .05A amended effective February 8, 2010 (37:3 Md. R. 176)*
- *Administrative History: Regulation .06 amended effective September 3, 1990 (17:17 Md. R. 2082); December 18, 1995 (22:25 Md. R. 1962); November 19, 2018 (45:23 Md. R. 1070)*
- *Administrative History: Regulation .06C amended effective February 8, 2010 (37:3 Md. R. 176)*
- *Administrative History: Regulation .07D amended effective November 30, 1979 (6:24 Md. R. 1920)*
- *Administrative History: Regulations .07 and .08 repealed effective September 3, 1990 (17:17 Md. R. 2082)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), 8-204(b), (c), and,(i) 8-625, 8-626, 8-629, 8-630, and 8-646, Annotated Code of Maryland*
##### **COMAR 11.04.05.05** Grade Requirements. {#sec-11.04.05.05 omnilex-key=us-md-regs-official--title-11--11.04.05.05}
A. The gradients of intersecting streets should be as flat as possible on those sections that are to be used for storage space for stopped vehicles. Grades in excess of 2 percent may not be allowed on the landing grade (first 50 feet) of intersecting streets, unless otherwise approved by the Administration. This allows for a normal maximum grade break of 5 percent between the normal 2 percent preference road cross slope and the profile grade of the nonpreference road. Grades beyond the landing grade shall be in accordance with currently accepted engineering practices, but may not exceed 6 percent. In all cases, appropriate cross slopes provide a maximum 2 percent cross slope for pedestrian mobility in a manner acceptable to the Administration.
B. The profile grade lines and cross sections on the nonpreference intersecting streets shall be designed to provide a smooth junction and proper drainage. Normally, the grade line of the major highway should be carried through the intersection, and that of the intersecting street should be adjusted to it.
C. Commercial entrances shall be guided by the criteria in §§A and B, above. A minimum 40-foot landing grade may not exceed 3 percent. For sites smaller than 1/2 acre and low traffic generators, grades up to 6 percent are allowed. An approved grade may not exceed 6 percent, with a maximum grade break of 8 percent allowed between the State highway and the entrance profile grade.
**History**
- *Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 757)*
- *Administrative History: Chapter recodified from COMAR 11.04.10 to 11.04.05*
- *Administrative History: Regulations .01—.04 amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .01A amended effective February 8, 2010 (37:3 Md. R. 176); February 1, 2016 (43:2 Md. R. 128); November 19, 2018 (45:23 Md. R. 1070)*
- *Administrative History: Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 176); November 19, 2018 (45:23 Md. R. 1070)*
- *Administrative History: Regulation .02A, B, D amended effective December 18, 1995 (22:25 Md. R. 1962)*
- *Administrative History: Regulation .02A, G amended effective February 1, 2016 (43:2 Md. R. 128)*
- *Administrative History: Regulation .03 amended effective February 8, 2010 (37:3 Md. R. 176)*
- *Administrative History: Regulation .03E amended effective November 30, 1979 (6:24 Md. R. 1920); December 18, 1995 (22:25 Md. R. 1962)*
- *Administrative History: Regulation .05 repealed, new Regulation .05 adopted effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .05A amended effective February 8, 2010 (37:3 Md. R. 176)*
- *Administrative History: Regulation .06 amended effective September 3, 1990 (17:17 Md. R. 2082); December 18, 1995 (22:25 Md. R. 1962); November 19, 2018 (45:23 Md. R. 1070)*
- *Administrative History: Regulation .06C amended effective February 8, 2010 (37:3 Md. R. 176)*
- *Administrative History: Regulation .07D amended effective November 30, 1979 (6:24 Md. R. 1920)*
- *Administrative History: Regulations .07 and .08 repealed effective September 3, 1990 (17:17 Md. R. 2082)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), 8-204(b), (c), and,(i) 8-625, 8-626, 8-629, 8-630, and 8-646, Annotated Code of Maryland*
##### **COMAR 11.04.05.06** General Information. {#sec-11.04.05.06 omnilex-key=us-md-regs-official--title-11--11.04.05.06}
A. Plans for commercial sites should be submitted to the Administration for review after the developer takes an option or acquires title to the property. The Administration will review the tentative plans and inform the prospective developer whether or not the plans as submitted comply with the duly promulgated regulations of the State Highway Administration.
B. The permittee or owner is responsible for carrying storm water to an outfall in a manner acceptable to the State Highway Administration. Acceptable outfalls, and their associated contributing drainage facilities, shall meet the design criteria set forth by the Administration. Storm water management plans shall address, treat, and manage both on-site improvements and roadway improvements within State right of way to the Administration's satisfaction. In cases where the proposed site storm drainage facilities:
(1) Are not tied into existing highway drainage facilities, storm water management plans should be reviewed and approved by a county, a soil conservation district, or the State Water Resources Administration, or all of these. The discharge rate after development may not exceed the rate before development for the 2-, 10-, and, in some instances, the 100-year storm events. The State Highway Administration will institute legal proceedings upon being damaged by increased storm water runoff to recover any costs and to avoid recurrence.
(2) Connect to existing State facilities, the proposed storm water management plans shall be reviewed by the State Highway Administration following their approval by a county, a soil conservation district, or the State Water Resources Administration, or all of these. The State will review the proposed facilities based on the design-year storm of the existing State facilities. For example, State highway cross culvert outfalls will be analyzed using the functional classification storm, State side ditch outfalls on the 10-year storm, State longitudinal storm drain outfalls on the 25-year storm, etc.
(3) All work occurring within a critical area shall require a review and approval by the Critical Area Commission (CAC), and such approval shall be provided to the Administration before the work begins.
C. Information which is required to determine properly the effect of proposed drainage facilities on existing highway drainage facilities is as follows:
(1) A map showing the drainage areas contributing to the proposed drainage facilities and the drainage areas contributing to the existing highway drainage facilities which are affected. When photogrammetry coverage is available, these maps are the most desirable for presenting this information. When there is no photogrammetry available, U.S. Geological Survey Quadrangle Maps, if possible enlarged to at least a scale of 1 inch = 500 feet, are the next choice.
(2) Current zoning information, preferably presented in map form, covering the entire drainage areas involved.
(3) Grading plans, if the project is part of a residential or commercial development.
(4) Plans of the proposed drainage construction, identifying each pipe or other structure involved.
(5) A profile of the proposed drainage construction, extending sufficiently into the Administration right-of-way so that differences in survey data between Administration construction plans and the proposed improvement can be clearly established. When the existing drainage facilities are of considerable age, the profile should be extended to cover all affected facilities within the State Highway Administration right-of-way. Profiles of proposed storm drain systems should include inlet grate elevations and manhole cover elevations, in addition to invert elevations.
(6) Hydraulic calculations in accordance with currently accepted engineering practices.
D. If traffic conditions demand the modification of existing signals or other traffic control devices or the erection of new signals or other traffic control devices at private (commercial) access points, erection and maintenance are the responsibility of the permittee or other responsible parties. The State Highway Administration assumes no obligation, financial or otherwise, for erection or maintenance.
E. Entrance Approval. Administration approval of entrances should be obtained before finalizing the development plans and making application to the local authorities for a building permit.
F. Entrances onto highways can only function to the degree of efficiency that the interior traffic pattern permits. Therefore, in developing the site plan, every effort should be made to employ accepted traffic engineering principles in designating the interior traffic pattern.
**History**
- *Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 757)*
- *Administrative History: Chapter recodified from COMAR 11.04.10 to 11.04.05*
- *Administrative History: Regulations .01—.04 amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .01A amended effective February 8, 2010 (37:3 Md. R. 176); February 1, 2016 (43:2 Md. R. 128); November 19, 2018 (45:23 Md. R. 1070)*
- *Administrative History: Regulation .02 amended effective February 8, 2010 (37:3 Md. R. 176); November 19, 2018 (45:23 Md. R. 1070)*
- *Administrative History: Regulation .02A, B, D amended effective December 18, 1995 (22:25 Md. R. 1962)*
- *Administrative History: Regulation .02A, G amended effective February 1, 2016 (43:2 Md. R. 128)*
- *Administrative History: Regulation .03 amended effective February 8, 2010 (37:3 Md. R. 176)*
- *Administrative History: Regulation .03E amended effective November 30, 1979 (6:24 Md. R. 1920); December 18, 1995 (22:25 Md. R. 1962)*
- *Administrative History: Regulation .05 repealed, new Regulation .05 adopted effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .05A amended effective February 8, 2010 (37:3 Md. R. 176)*
- *Administrative History: Regulation .06 amended effective September 3, 1990 (17:17 Md. R. 2082); December 18, 1995 (22:25 Md. R. 1962); November 19, 2018 (45:23 Md. R. 1070)*
- *Administrative History: Regulation .06C amended effective February 8, 2010 (37:3 Md. R. 176)*
- *Administrative History: Regulation .07D amended effective November 30, 1979 (6:24 Md. R. 1920)*
- *Administrative History: Regulations .07 and .08 repealed effective September 3, 1990 (17:17 Md. R. 2082)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), 8-204(b), (c), and,(i) 8-625, 8-626, 8-629, 8-630, and 8-646, Annotated Code of Maryland*
## **11.04.06** Residential Entrance Permits
##### **COMAR 11.04.06.01** Procedure for Obtaining Permit. {#sec-11.04.06.01 omnilex-key=us-md-regs-official--title-11--11.04.06.01}
A. Work within the State right-of-way may not be undertaken until a permit has been issued by the State Highway Administration.
B. An individual or corporation desiring to construct an entrance to serve a private residence shall make written application, transmitted by methods as determined acceptable by the Administration, in the form prescribed in these regulations, to the appropriate office listed below:
| County | Address | Telephone |
| --- | --- | --- |
| Allegany | State Highway Administration P.O. Box 3347 LaVale, MD 21502 | (301)729-8400 |
| Anne Arundel | State Highway Administration P.O. Box 33 Glen Burnie, MD 21061 | (410)766-3770 |
| Baltimore | State Highway Administration 8375 Pulaski Highway Rosedale, MD 21237 | (410)574-4511 |
| Calvert | State Highway Administration P.O. Box 239 Prince Frederick, MD 20678 | (410)535-1748 |
| Caroline | State Highway Administration P.O. Box 340 Denton, MD 21629 | (410)479-0770 |
| Carroll | State Highway Administration 5111 Buckeystown Pike Frederick, MD 21701 | (301)624-8115 |
| Cecil | State Highway Administration P.O. Box 486 Elkton, MD 21921 | (410)398-1565 |
| Charles | State Highway Administration P.O. Box 610 La Plata, MD 20646 | (301)934-8031 |
| Dorchester | State Highway Administration P.O. Box 261 Cambridge, MD 21613 | (410)228-4977 |
| Frederick | State Highway Administration 5111 Buckeystown Pike Frederick, MD 21701 | (301)624-8115 |
| Garrett | State Highway Administration Route 2, P.O. Box 68 Accident, MD 21520 | (301)895-3234 |
| Harford | State Highway Administration P.O. Box 303 Churchville, MD 21028 | (410)838-7788 |
| Howard | State Highway Administration 5111 Buckeystown Pike Frederick, MD 21701 | (301)694-8115 |
| Kent | State Highway Administration 615 Morgnec Rd. Chestertown, MD 21620 | (410)810-3300 |
| Montgomery | State Highway Administration 9300 Kenilworth Avenue Greenbelt, MD 20770 | (301)513-7350 |
| Prince George's | State Highway Administration 9300 Kenilworth Avenue Greenbelt, MD 20770 | (301)513-7350 |
| Queen Anne's | State Highway Administration P.O. Box 217 Centreville, MD 21617 | (410)758-0700 |
| St. Mary's | State Highway Administration 27345 Point Lookout Road Leonardtown, MD 20650 | (301)475-8035 |
| Somerset | State Highway Administration 10980 Market Lane Princess Anne, MD 21853 | (410)651-1333 |
| Talbot | State Highway Administration Box 745 Easton, MD 21601 | (410)822-3525 |
| Washington | State Highway Administration 18320 Col. Henry K. Douglas Drive Hagerstown, MD 21740 | (301)791-4790 |
| Wicomico | State Highway Administration 660 West Road Salisbury, MD 21802 | (410)543-6710 |
| Worcester | State Highway Administration P.O. Box 268 Snow Hill, MD 21863 | (410)632-0511 |
B-1. Addresses may be posted on the Administration's website.
C. Application. Applications shall be submitted in duplicate on forms provided by the Administration, or by other methods as determined acceptable by the Administration.
D. Plans. If the entrance is proposed to be built in substantial similarity to typical entrance designs available from the Administration, plans are not required. The number of the appropriate plan should be indicated on the application forms. If plans are required, submit three copies drawn to appropriate scale (recommended scale is 1 inch = 20 feet).
E. Performance Surety.
(1) To ensure complete and satisfactory compliance with the terms and specifications of the entrance permit, the permittee may be required to submit a performance bond, letter of credit, or certified check in the amount of 150 percent of the cost estimated for the construction for each entrance. The estimate must be acceptable to the Administration.
(2) If a surety is submitted, the Administration shall be designated as the obligee, and the permittee as principal.
(3) If a certified check is submitted, the check shall be made payable to the State Highway Administration.
(4) The permittee shall inform the State Highway Administration's resident maintenance engineer when work within the State's right-of-way is completed. Upon formal approval, the performance bond, letter of credit, or posted funds shall be returned to the permittee.
F. Utility Adjustment. The permittee shall relocate or have relocated all utilities which are within the paving and in front of the curbs to be constructed under the permit. The permittee shall obtain, from the appropriate party or agency, all other permits or approvals necessary to conform to the requirements of the permit.
G. Engineering Fee. In connection with the processing of applications, an engineering fee determined by the Administration may be charged for each point of access and offsite improvement beyond the first point of access. No engineering fee may be charged for the first access to a single residential property.
H. Inspection Cost.
(1) At the discretion of the Administration, a State highway construction inspector may be assigned to inspect the work stipulated in the permit. The cost of the inspection shall be the responsibility of the permittee and shall be submitted before a permit is issued.
(2) If the cost of the inspection, including any necessary laboratory work, is expected to exceed $5,000, the cost shall be paid in advance. The cost shall be calculated on the base pay of the assigned employee, plus overhead, and all administrative and general expenses.
**History**
- *Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 757)*
- *Administrative History: Chapter recodified from COMAR 11.04.09 to 11.04.06*
- *Administrative History: Regulation .01 amended effective January 14, 2010 (37:1 Md. R. 15)*
- *Administrative History: Regulation .01B amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .01B—E amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulations .01G amended effective February 1, 2016 (43:2 Md. R. 128)*
- *Administrative History: Regulation .02 amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .02F amended effective January 14, 2010 (37:1 Md. R. 15)*
- *Administrative History: Regulations .03 and .04 repealed effective September 3, 1990 (17:17 Md. R. 2082)*
- *Authority: Transportation Article, §§2-103(b), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c),(i), Annotated Code of Maryland*
##### **COMAR 11.04.06.02** Standards and Specifications. {#sec-11.04.06.02 omnilex-key=us-md-regs-official--title-11--11.04.06.02}
A. All work and materials shall conform to Administration construction specifications, standards, and addenda current at the time of the permit grant.
B. All work is subject to periodic inspection and final approval by the Administration.
C. The number and location of entrances which may be granted shall be based on usage, interior and exterior traffic patterns, and current design policy of the Administration.
D. Circular drives (ingress and egress point connected by a common driveway) require a minimum frontage of 100 feet.
E. The minimum width of a residential entrance is 10 feet, and the maximum width is 20 feet, unless otherwise permitted by the district engineer. Any exception shall be made by a permit, signed by the district engineer.
F. Existing sidewalks, curb, and gutter disturbed by construction shall be replaced in kind to the alignment and grade specified by authorized Administration personnel in a manner acceptable to the Administration.
G. Positive drainage shall be maintained. Minimum pipe size is 18 inches or equivalent elliptical pipe. An end section or end walls, required by the resident maintenance engineer, shall be installed at the ends of the pipe. All pipes shall be State-approved or certified. Drainage pipes shall be located as far as practicable from the edge of a travelled lane to reduce the hazard to traffic. The minimum desirable distance is 30 feet. When pipe headwalls for other physical obstructions are placed within the clear zone, they shall be protected by guardrails or other appropriate barrier system.
H. Paving.
(1) Area with Existing Sidewalks and Concrete Curb and Gutter. Paving shall consist of 6 inches Portland cement concrete on a suitable subbase.
(2) Area Without Sidewalks and Concrete Curb and Gutter. Paving shall consist of 3-1/2 inches bituminous concrete (2 inch base, 1-1/2 inch surface) on 6 inches crusher run stone or 6 inches selected backfill. Variance to suit the conditions and locale may be made by a permit, signed by the district engineer.
I. If the roadway is on an embankment and the roadway is not provided with existing standard traffic barriers along the roadway embankment, the driveway or embankment side slope shall be as flat as possible to reduce the hazard to traffic. The minimum desirable embankment side slope shall be 10:1 within 30 feet of the edge of the travelled lane or to the right-of-way line, whichever is less.
J. Mailboxes.
(1) Mailboxes erected within the State Highway Administration's right-of-way shall be placed on a break-away type post or support.
(2) The maximum size wooden post shall be 4 × 4 inches. The maximum size pipe type support shall be 2 inches in diameter. Any other type of support, ornamental or otherwise, may not have a structural strength greater than either of the two items listed above.
(3) The property owner shall be directed to remove any mailbox support of a size greater than that listed above, and if not removed by the property owner, it shall be removed by the State Highway Administration's forces.
**History**
- *Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 757)*
- *Administrative History: Chapter recodified from COMAR 11.04.09 to 11.04.06*
- *Administrative History: Regulation .01 amended effective January 14, 2010 (37:1 Md. R. 15)*
- *Administrative History: Regulation .01B amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .01B—E amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulations .01G amended effective February 1, 2016 (43:2 Md. R. 128)*
- *Administrative History: Regulation .02 amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .02F amended effective January 14, 2010 (37:1 Md. R. 15)*
- *Administrative History: Regulations .03 and .04 repealed effective September 3, 1990 (17:17 Md. R. 2082)*
- *Authority: Transportation Article, §§2-103(b), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c),(i), Annotated Code of Maryland*
## **11.04.07** Control and Use of Rest Areas
##### **COMAR 11.04.07.01** Application. {#sec-11.04.07.01 omnilex-key=us-md-regs-official--title-11--11.04.07.01}
These regulations apply to all welcome centers, rest areas, scenic overlooks, roadside picnic areas, and other public use areas within interstate and State highway rights-of-way, and shall be posted on the bulletin board of each public use area.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.02** Signing of Register. {#sec-11.04.07.02 omnilex-key=us-md-regs-official--title-11--11.04.07.02}
All visitors to welcome centers are asked to sign the register.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.03** Parking. {#sec-11.04.07.03 omnilex-key=us-md-regs-official--title-11--11.04.07.03}
Parking is permitted only in designated areas.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.04** Litter. {#sec-11.04.07.04 omnilex-key=us-md-regs-official--title-11--11.04.07.04}
A. Picnic and travel litter may be disposed of only in the containers provided for that purpose.
B. Visitors are asked to use recycling containers where provided.
C. Litter, trash, or garbage from other sources may not be disposed of in rest area containers.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.05** Fires. {#sec-11.04.07.05 omnilex-key=us-md-regs-official--title-11--11.04.07.05}
Fires are permitted only in designated areas and containers. The visitor shall extinguish all fires before leaving. Brush and forest fires must be prevented. Visitors shall extinguish totally all cigars, cigarettes, and matches.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.06** Pets. {#sec-11.04.07.06 omnilex-key=us-md-regs-official--title-11--11.04.07.06}
A. Pets shall be on leashes at all times. Except for service animals used by people with disabilities, pets are not permitted in buildings.
B. Water outlets may not be used to bathe pets.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.07** Length of Time for Use. {#sec-11.04.07.07 omnilex-key=us-md-regs-official--title-11--11.04.07.07}
Visitors may not use an area for more than 3 hours without a permit from the caretaker or the Maryland State Police.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.08** Commercial Vehicles. {#sec-11.04.07.08 omnilex-key=us-md-regs-official--title-11--11.04.07.08}
Commercial vehicles may not use the areas for interchanging, loading, unloading, servicing, or other commercial activities.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.09** Unattended Vehicles. {#sec-11.04.07.09 omnilex-key=us-md-regs-official--title-11--11.04.07.09}
Vehicles left unattended for more than 3 hours, without permission of the Maryland State Police or the caretaker, will be towed away at the expense and risk of the owner.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.10** Alcoholic Beverages. {#sec-11.04.07.10 omnilex-key=us-md-regs-official--title-11--11.04.07.10}
Consumption of alcoholic beverages is prohibited.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.11** Camping and Overnight Parking. {#sec-11.04.07.11 omnilex-key=us-md-regs-official--title-11--11.04.07.11}
Camping and overnight parking are prohibited.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.12** Firearms and Fireworks. {#sec-11.04.07.12 omnilex-key=us-md-regs-official--title-11--11.04.07.12}
The display or discharge of firearms, pellet guns, B-B guns, and fireworks of any kind is prohibited.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.13** Gambling. {#sec-11.04.07.13 omnilex-key=us-md-regs-official--title-11--11.04.07.13}
Gambling is prohibited. This regulation does not apply to State lottery terminals.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.14** Blocking. {#sec-11.04.07.14 omnilex-key=us-md-regs-official--title-11--11.04.07.14}
Interfering with or blocking any drive, path, walk, building, or area is prohibited.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.15** Loitering. {#sec-11.04.07.15 omnilex-key=us-md-regs-official--title-11--11.04.07.15}
Loitering in or around toilet facilities is prohibited.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.16** Vandalizing, Defacing, Misusing, or Damaging the Area. {#sec-11.04.07.16 omnilex-key=us-md-regs-official--title-11--11.04.07.16}
Vandalizing, defacing, misusing, or damaging any man-made or natural part of the area is prohibited.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.17** Public Demonstration. {#sec-11.04.07.17 omnilex-key=us-md-regs-official--title-11--11.04.07.17}
Public demonstration or oration is prohibited.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.18** Throwing Objects. {#sec-11.04.07.18 omnilex-key=us-md-regs-official--title-11--11.04.07.18}
Throwing stones or other objects is prohibited.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.19** Uncivil Acts. {#sec-11.04.07.19 omnilex-key=us-md-regs-official--title-11--11.04.07.19}
Uncivil language, gestures, and acts are prohibited.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.20** Breach of Peace. {#sec-11.04.07.20 omnilex-key=us-md-regs-official--title-11--11.04.07.20}
Any act amounting to breach of the peace is prohibited.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.21** Commercial Activities. {#sec-11.04.07.21 omnilex-key=us-md-regs-official--title-11--11.04.07.21}
Unless duly authorized by the State Highway Administration, the following commercial activities are prohibited:
A. Selling or advertising;
B. Posting notices or signs;
C. Hiring, leasing, or letting out merchandise;
D. Displaying or exhibiting merchandise.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
##### **COMAR 11.04.07.22** Administration Employee Witnessing Infraction. {#sec-11.04.07.22 omnilex-key=us-md-regs-official--title-11--11.04.07.22}
A State Highway Administration employee or contractual employee, who witnesses an infraction of these regulations, shall immediately contact the Maryland State Police and request assistance, if the infraction would not otherwise be reported or corrected.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Chapter recodified from COMAR 11.04.11 to 11.04.07*
- *Administrative History: Regulation .01 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .06A amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .09 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .10 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .12 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .13 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .16 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Administrative History: Regulation .18 amended effective January 25, 2010 (37:2 Md. R. 68)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), and 8-204(b), (c), (h), and(i), Annotated Code of Maryland*
## **11.04.08** Junkyard Licensing and Control
##### **COMAR 11.04.08.01** Definitions. {#sec-11.04.08.01 omnilex-key=us-md-regs-official--title-11--11.04.08.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the State Highway Administration.
(2) "Center line of highway" means a line equidistant from the outer edges of the median separating the main traveled ways of a divided highway, or the painted center line of the main traveled way of a nondivided highway, or a line equidistant from the outer edges of the paved surface of a nondivided highway on which no center line is painted.
(3) “Distance from highway to junkyard” means the distance from a highway to the nearest edge of actual junkyard operations, on the perpendicular to the center line of the highway.
(4) “Existing junkyard” means a junkyard which was established, maintained, and operated as of a certain date. It includes a junkyard which was established, maintained, and operated at a different location on that date, but which has been relocated under Transportation Article, §8-809(b), Annotated Code of Maryland.
(5) “Illegal junkyard” means a junkyard or portion of a junkyard that was established or is maintained in violation of State law, except that a “nonconforming junkyard” is not an “illegal junkyard”.
(6) “Interstate highway” means a State highway that is part of the natural interstate system, as designated by the Administration and approved by the United States Secretary of Transportation under Title 23 of the United States Code.
(7) “Junkyard” means an establishment or place of business described in Transportation Article, §8-801(d), Annotated Code of Maryland.
(8) “Main traveled way” means that part of the highway that is used for the movement of vehicles and on which through-traffic is carried. It excludes shoulders and any frontage roads, turning roadways, parking areas, or similar facilities. In the case of a divided highway, the “main traveled way” is that part of each of the separated roadways that is used for the movement of vehicles and on which through-traffic is carried in opposite directions.
(9) “Nonconforming junkyard” means a junkyard or portion of a junkyard that was lawfully established (including one that was established on or before January 1, 1968), but that: because of a change in ordinances, laws, or regulations; because of new highway construction; because of a zoning change or reclassification of a highway as an interstate or primary highway; or because of some similar change in conditions not attributable to the junkyard owner or operator; does not comply with current provisions (for example, current provisions governing the location and screening of junkyards).
(10) “Owner or operator” means the person who has control over the maintenance and operations of a junkyard.
(11) “Person” means:
(a) An individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind;
(b) Any partnership, firm, association, public or private corporation, or other entity; and
(c) Unless the context requires otherwise, the State, any county, municipal corporation, or other political subdivision of the State, and any of their agencies or units.
(12) “Primary highway” means a State highway that is designated as such by the Administration, with the approval of the Secretary of Transportation, and that has been approved by the United States Secretary of Transportation under Title 23 of the United States Code.
(13) “Section” means the Outdoor Advertising Section within the Administration.
(14) “Visible” means capable of being seen without visual aid by a person of normal eyesight.
**History**
- *Administrative History: Effective date: September 14, 1977 (4:19 Md. R. 1470)*
- *Administrative History: Chapter recodified from COMAR 11.04.13 to 11.04.08*
- *Administrative History: Regulation .01B amended effective September 3, 1990 (17:17 Md. R. 2082); December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .04B amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), 8-204(b), and 8-808, Annotated Code of Maryland*
##### **COMAR 11.04.08.02** Responsibility. {#sec-11.04.08.02 omnilex-key=us-md-regs-official--title-11--11.04.08.02}
The Section, under the direction of its designated chief, has charge of the licensing of junkyards under the law, and conducts all surveillance and enforcement activities under the law and the regulations.
**History**
- *Administrative History: Effective date: September 14, 1977 (4:19 Md. R. 1470)*
- *Administrative History: Chapter recodified from COMAR 11.04.13 to 11.04.08*
- *Administrative History: Regulation .01B amended effective September 3, 1990 (17:17 Md. R. 2082); December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .04B amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), 8-204(b), and 8-808, Annotated Code of Maryland*
##### **COMAR 11.04.08.03** Junkyard License. {#sec-11.04.08.03 omnilex-key=us-md-regs-official--title-11--11.04.08.03}
The following regulations govern the Section in licensing existing and new junkyards under Transportation Article, Title 8, Subtitle 8, Annotated Code of Maryland:
A. Application.
(1) An applicant for an initial or renewed junkyard license shall apply on a form furnished by the Section.
(2) Signature. The applicant or his duly authorized agent shall sign the application form.
(3) Attachments. The applicant shall attach to the completed application form all of the following:
(a) Plan drawings of the proposed new junkyard or addition to an existing junkyard, prepared on a scale no smaller than 50 feet = 1 inch, showing the following:
(i) The boundary lines of the proposed new junkyard or addition to the existing junkyard, the center line and the right-of-way lines to any interstate or primary highway in the vicinity, and the distances between the proposed junkyard or addition and the highway at appropriate points, and
(ii) The location and details of any proposed screening;
(b) A general location map;
(c) A permit or certificate from any local authority that has jurisdiction over the area where the junkyard is located and that has passed any zoning law or ordinance for the area, approving the location of the proposed junkyard or addition and indicating the zoning of that location.
(4) Approval for Expansion of Licensed Junkyard. A person proposing to expand a previously licensed junkyard need not submit the application form mentioned in this section, or the license fee mentioned in §C, of this regulation, but he shall submit the information specified in §A(3), of this regulation.
B. Preliminary Submission. An applicant may, with the approval of the Section, submit a basic plan or concept for review and comment, before submitting a formal application and plan drawings.
C. License Fee.
(1) An applicant for an initial or renewed junkyard license shall submit with his application a license fee in the amount stated below.
(2) Annual Fee. The annual fee for an initial or renewed junkyard license is $100.
(3) License Year. The license year extends from January 1 through the following December 31. Every license expires at the end of the license year.
(4) Proration of Fee.
(a) If an initial license is issued in any month after January, the Section shall prorate the license fee.
(b) The Section may not prorate the fee for a renewed license.
(c) Prorated fees for initial licenses issued after January 31 are
indicated in the following table.
| Month License Issued | Fee |
| --- | --- |
| February | $91.67 |
| March | 83.33 |
| April | 75.00 |
| May | 66.67 |
| June | 58.33 |
| July | 50.00 |
| August | 41.67 |
| September | 33.33 |
| October | 25.00 |
| November | 16.67 |
| December | 8.33 |
(5) Refund of Fee on Denial of Application. If a the Section denies an application for an initial or renewed license, it shall return the license fee and all application attachments to the applicant, together with a statement of reasons for the denial.
(6) Exemption. A State, county, municipal, or public organization or agency applying for an initial or renewed license is exempt from the requirement of a license fee, but is subject to all other requirements imposed by this chapter, or by State laws dealing with the licensing and control of junkyards.
(7) No refund If License Revoked. The Section may not refund any part of the license fee upon revocation of a license.
D. Revocation of License. If a junkyard license is issued or renewed on the basis that the junkyard is screened so as not to be visible from the main traveled way of any existing interstate or primary highway, the Section shall revoke the license if it subsequently determines that screening fails for any reason to effectively block the view of the junkyard from the main traveled way of that interstate or primary highway. Before the Section revokes a license, it shall notify the owner or operator of the junkyard and give him a reasonable opportunity to correct any deficiencies in screening.
**History**
- *Administrative History: Effective date: September 14, 1977 (4:19 Md. R. 1470)*
- *Administrative History: Chapter recodified from COMAR 11.04.13 to 11.04.08*
- *Administrative History: Regulation .01B amended effective September 3, 1990 (17:17 Md. R. 2082); December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .04B amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), 8-204(b), and 8-808, Annotated Code of Maryland*
##### **COMAR 11.04.08.04** Screening. {#sec-11.04.08.04 omnilex-key=us-md-regs-official--title-11--11.04.08.04}
The following requirements apply to all screening that is designed to block the view of a junkyard from the main traveled way of an interstate or primary highway.
A. General Requirements.
(1) When the Section requires screening as a condition to the issuance of a license, the junkyard owner or operator shall create an effective screen by planting, by the use of an architectural screen, or by a combination of the two.
(2) The screen shall block the view of the junkyard from any point on the main traveled way of any interstate or primary highway.
(3) Plantings and architectural screens shall be outside the highway right-of-way and shall be located or installed so as not to be a hazard to the traveling public.
(4) The junkyard owner or operator shall bear the cost of all plantings and architectural screens.
B. Planting Screen Requirements.
(1) Plantings shall consist of trees, shrubs, or other vegetation of such size and density that they will completely screen the junkyard from the view of the traveling public.
(2) The junkyard owner or operator shall obtain the approval of the Section for the location, size, and variety of screen plantings.
(3) The Section normally approves major shade trees (large deciduous varieties) having a planting size of 2 1/2 to 4 inches in caliper. Acer (maple), Quercus (oak), Fraxinus (ash), and Celtis occidentalis (hackberry) are varieties the Section considers most desirable.
(4) The Section normally approves minor trees (small deciduous varieties) having a planting size of 5 to 10 feet in height. Acer campestre and Acer ginnala (hedge and armur maple), Crataegus (hawthorn), Salix (laurel willow), and Malus (crabapple) are varieties the Section considers most desirable.
(5) The Section normally approves evergreen trees having a planting size of 5 to 12 feet in height. Juniperus virginiana (red cedar), Pinus (pine--white, Scotch, Japanese black), Picea abies (Norway spruce), and Thuja (arborvitae) are varieties the Section considers most desirable.
(6) Shrubs.
(a) The Section normally approves shrubs having a planting size of 4 to 5 feet in height. Viburnum, Cornus (shrub dogwood), Elaeagnus (olive), Euonymus alatus (winged euonymus), forsythia, Ligustrum (privet), and Lonicera (honeysuckle) are varieties the Section considers most desirable.
(b) The Section normally requires that spacing for shrubs be from 2 to 5 feet on centers.
(c) The Section normally requires multiple rows of shrubs.
C. Architectural Screen Requirements.
(1) An architectural screen may consist of an earth mound, wall, or fence, or of a combination of one or more of these structures with plantings.
(2) Earth mounds shall be graded and rounded to a reasonably natural appearance, to blend with the existing landscape, and shall be planted with grass, ground cover, or other plant material.
(3) Walls shall consist of concrete block, brick, stone, or other material approved by the Section, and their size and appearance shall be in keeping with the area in which they are located.
(4) Fences.
(a) Fences shall be well constructed of wood, metal, or other material approved by the Section, and all fencing used to screen a particular junkyard shall be uniform in appearance.
(b) If the composition of a fence requires that the fence be painted, the color of any paint shall blend into the surrounding environment.
(c) Gates in a fence shall be of the same height and material as the fence itself and shall be kept closed when the junkyard is not in operation.
(5) The owner or operator of a junkyard may not place or permit anyone else to place an advertisement on a wall or fence used to screen the junkyard.
D. Maintenance of Screening.
(1) The junkyard owner or operator shall maintain a planting or architectural screen which makes his junkyard not visible from the highway.
(2) Plantings shall be kept in a live, healthy condition. Plants not in a live, healthy condition shall be replaced.
(3) Walls and fences shall be kept in good order and repair, acceptable to the Section.
**History**
- *Administrative History: Effective date: September 14, 1977 (4:19 Md. R. 1470)*
- *Administrative History: Chapter recodified from COMAR 11.04.13 to 11.04.08*
- *Administrative History: Regulation .01B amended effective September 3, 1990 (17:17 Md. R. 2082); December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .04B amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), 8-204(b), and 8-808, Annotated Code of Maryland*
##### **COMAR 11.04.08.05** Enforcement. {#sec-11.04.08.05 omnilex-key=us-md-regs-official--title-11--11.04.08.05}
A. The Administration may take action, as follows, against a nonconforming or an illegal junkyard.
B. Action That May Be Taken.
(1) Nonconforming Junkyards. In addition to actions that the Administration is required to take against nonconforming junkyards by Transportation Article, §8-809, Annotated Code of Maryland, and in order to avoid the necessity of taking action under that section, the Administration may take one of the following actions against a nonconforming junkyard:
(a) If the junkyard is licensed, the Section may revoke its license;
(b) The Administration may recycle the junk in any nonconforming portion of the junkyard and then close that portion.
(2) Illegal Junkyards. When the Section determines that a junkyard is illegal, it may take either of the following legal actions:
(a) It may apply, in the name of the Administration, to a court of equity in the county in which the illegal junkyard is located, for an injunction; or
(b) It may apply, in the name of the Administration, to the State's Attorney for the county in which the illegal junkyard is located, to institute criminal proceedings in accordance with Transportation Article, §8-812(b), Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: September 14, 1977 (4:19 Md. R. 1470)*
- *Administrative History: Chapter recodified from COMAR 11.04.13 to 11.04.08*
- *Administrative History: Regulation .01B amended effective September 3, 1990 (17:17 Md. R. 2082); December 18, 1995 (22:25 Md. R. 1963)*
- *Administrative History: Regulation .02 amended effective September 3, 1990 (17:17 Md. R. 2082)*
- *Administrative History: Regulation .04B amended effective December 18, 1995 (22:25 Md. R. 1963)*
- *Authority: Transportation Article, §§2-103(b)(2), 8-202(b)(2)(i), 8-203(a), 8-204(b), and 8-808, Annotated Code of Maryland*
## **11.04.09** Bicycles
##### **COMAR 11.04.09.01** Smooth Surface. {#sec-11.04.09.01 omnilex-key=us-md-regs-official--title-11--11.04.09.01}
A bike lane or shoulder shall be considered to have a smooth surface if that surface has a texture equal to or better than the adjacent roadway, and if the surface contains undulations which are no larger than the adjacent roadway.
**History**
- *Administrative History: Effective date: October 19, 1979 (6:21 Md. R. 1709)*
- *Authority: Transportation Article, §21-1205.1(b)(3), Annotated Code of Maryland*
## **11.04.10** Specific Information or Business Signs
##### **COMAR 11.04.10.01** Definitions. {#sec-11.04.10.01 omnilex-key=us-md-regs-official--title-11--11.04.10.01}
A. The following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the State Highway Administration.
(2) “Business” means the provider of one of the four services (gas, food, lodging, and camping).
(3) “Drive-in” means a food business that provides stalls for which customers in vehicles can park, order, and eat food.
(4) “Expressway” means a major highway of two or more traffic lanes in each direction that is designed to eliminate principle traffic hazards and has the following characteristics:
(a) A median divider separating opposing traffic lanes to eliminate head-on collisions and side-swiping;
(b) Grade separation structures to eliminate the conflict of cross streams of traffic at each intersection;
(c) Points of entrance and exit limited to predetermined locations;
(d) Vertical curves long enough to provide long sight distances; and
(e) Shoulders wide enough to permit vehicles to stop or park out of traffic lanes.
(5) “Generic motorist services symbols” means blue signs upon which white symbols are placed to indicate the presence of gas, food, lodging, or camping.
(6) “Gore” means the point at which the ramp roadway leaves the mainline roadway.
(7) “Logos” means the individual business trademarks.
(8) “Mainline” means the through roadway of the highway.
(9) “Ramp” means the connecting roadway between the mainline and the intersected road.
(10) “Services” means the four basic motorist services of gas, food, lodging, and camping.
(11) “Stall” means a clearly defined space for parking a vehicle.
**History**
- *Administrative History: Effective date: September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: Regulation .01 amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .01B-1 adopted effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .02A amended effective December 2, 1985 (12:24 Md. R. 2349); December 18, 1995 (22:25 Md. R. 1963); December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .03 amended effective December 2, 1985 (12:24 Md. R. 2349); December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04D amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04C amended effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .05 amended as an emergency provision effective February 17, 2006 (33:6 Md. R. 576); amended permanently effective July 17, 2006 (33:14 Md. R. 1164)*
- *Administrative History: Regulation .05 amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .05B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .05C amended effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .06B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .06B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .07B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .07B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .07E amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Authority: Transportation Article, §§4-205(f), 4-405, 8-204(b), and 8-605, Annotated Code of Maryland*
##### **COMAR 11.04.10.02** Applications. {#sec-11.04.10.02 omnilex-key=us-md-regs-official--title-11--11.04.10.02}
A. An application is available for business establishments desiring to take part in the specific services signing program from the SHA Office of Traffic and Safety, c/o Logo Coordinator, 7491 Connelley Drive, Hanover, MD 21076, as well as on marylandroads.com.
B. An annual fee will cover all installation, maintenance, and administrative costs associated with this program, with a revised fee to be established as of July 1st of each year. The revised fee will be effective October 1 with respect to all new participants and renewals after that.
C. Once the business establishment mails or otherwise delivers the completed application to the office and address noted in the application, the Administration will ascertain whether or not space exists along the highway for the posting of signs and that the business establishment meets the required criteria.
D. The initial annual fee will be remitted by the business to the Administration upon approval of its application.
E. The annual fee period will begin on the date of the sign installation, with annual renewals.
**History**
- *Administrative History: Effective date: September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: Regulation .01 amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .01B-1 adopted effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .02A amended effective December 2, 1985 (12:24 Md. R. 2349); December 18, 1995 (22:25 Md. R. 1963); December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .03 amended effective December 2, 1985 (12:24 Md. R. 2349); December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04D amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04C amended effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .05 amended as an emergency provision effective February 17, 2006 (33:6 Md. R. 576); amended permanently effective July 17, 2006 (33:14 Md. R. 1164)*
- *Administrative History: Regulation .05 amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .05B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .05C amended effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .06B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .06B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .07B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .07B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .07E amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Authority: Transportation Article, §§4-205(f), 4-405, 8-204(b), and 8-605, Annotated Code of Maryland*
##### **COMAR 11.04.10.03** General Requirements for All Signing. {#sec-11.04.10.03 omnilex-key=us-md-regs-official--title-11--11.04.10.03}
A. The specific services signing program applies only to expressways along the Maryland State highway system.
B. Repealed.
C. Logo signs are motorist information signs, therefore, advertising may not be permitted on the logo sign.
D. Placement and Maintenance of Logo Signs.
(1) The ability to place and maintain logo signing at a particular interchange is dependent upon the space available along the mainline and the space along the ramp to the intersected highway and other safety considerations.
(2) At those locations where insufficient space is available for the use of logo signs, such as in urban and suburban locations, the Administration will place and maintain at its cost the generic motorist services symbols.
E. Specific services signs may not be considered for placement at those interchanges which do not provide direct re-entry to the mainline.
E-1. Number of Logo Signs.
(1) Specific service signing is limited to no more than ten logos per service per direction per interchange.
(2) A specific service sign is limited to six logos.
(3) If there are more than six eligible logos for a service, the Administration may display up to four additional logos if:
(a) On a new service sign the number and placement of signs is consistent with §§M—O of this regulation; or
(b) On an existing service sign, at least two logo spaces remain available after additional logos are displayed.
F. Business to Provide Logo Sign Plates.
(1) The business establishment will be responsible for providing logo sign plates to the State Highway Administration.
(2) The logo sign plates shall follow State Highway Administration specifications with regard to sign material and fabrication. These specifications will be forwarded to the business upon approval of the application.
(3) Before the manufacture of the logo sign plate, the business shall submit to the Administration a layout plan of their proposed logo for approval.
(4) Alterations may not be allowed to the logo sign once installed. Any subsequent change in the logo design will require Administration approval, and logo plates of the new design shall then be provided to the Administration.
G. All sign maintenance activities will be performed at the discretion of the Administration. Maintenance will be performed by the Administration or its contractors.
H. Eligible service establishments may not discriminate on the basis of race, religion, sex, nationality, or creed.
I. Eligible service establishments shall conform with all applicable State and local laws with regard to licensing and operation.
J. Logos will be placed on specific services signs on the basis of those establishments closest to the interchange.
K. In those instances in which the maximum capacity of the specific services signs has been reached and an additional qualified business is established closer to the interchange, the following procedure will be effective:
(1) The logo for the newer qualifying business shall be placed on the sign and the existing logo of the establishment farthest from the interchange shall be removed;
(2) The removal will occur on the anniversary date and there will be no refund of any fees paid.
L. Changes in service resulting in non-compliance with the requirements of this program will result in notification that signs shall be removed if the situation is not corrected within 30 days. There shall be no refund of fees under these circumstances.
M. Spacing between mainline signs shall be at least 800 feet and spacing between ramp signs shall be at least 100 feet.
N. Distance from gore to the first ramp sign shall be at least 100 feet.
O. Measurements to services are referenced to the gore, or if more than one, to the first gore.
P. Specific services signs are not advertising signs but are traffic control devices. Local zoning regulations may not apply.
Q. Specific services signs and generic motorist services symbols may be used at the same intersection. However, for any one specific service type, both logos and generic motorist services symbols may not be used.
R. In the event that specific services signs are not sought at a qualifying interchange, the generic motorist services symbols shall be used. Should one or more business at a qualifying interchange opt for a specific services sign, the generic motorist services symbols for that type of service or services shall then be removed. However, the generic motorist services symbols for the other service or services will remain.
S. In deciding the distance and routing to a particular service where two or more interchanges are closely spaced, the interchange best serving the public through better road alignment, higher class highway, and more direct access will be used for the placing of the specific services signing. Along any one highway only one access point shall be signed for any one specific service establishment per direction.
**History**
- *Administrative History: Effective date: September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: Regulation .01 amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .01B-1 adopted effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .02A amended effective December 2, 1985 (12:24 Md. R. 2349); December 18, 1995 (22:25 Md. R. 1963); December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .03 amended effective December 2, 1985 (12:24 Md. R. 2349); December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04D amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04C amended effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .05 amended as an emergency provision effective February 17, 2006 (33:6 Md. R. 576); amended permanently effective July 17, 2006 (33:14 Md. R. 1164)*
- *Administrative History: Regulation .05 amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .05B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .05C amended effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .06B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .06B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .07B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .07B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .07E amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Authority: Transportation Article, §§4-205(f), 4-405, 8-204(b), and 8-605, Annotated Code of Maryland*
##### **COMAR 11.04.10.04** Specific Conditions for Gas Signing. {#sec-11.04.10.04 omnilex-key=us-md-regs-official--title-11--11.04.10.04}
A. Signing for gas shall be limited to those business establishments within 1 mile from the gore of the associated off-ramp.
B. Repealed.
C. The business establishment shall provide vehicle services to include fuel, oil, and water.
D. The business establishment shall include restroom facilities and public drinking water.
E. The business establishment shall be in continuous operation 16 or more hours per day and 7 days per week.
F. The business establishment shall have a telephone available for public use.
**History**
- *Administrative History: Effective date: September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: Regulation .01 amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .01B-1 adopted effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .02A amended effective December 2, 1985 (12:24 Md. R. 2349); December 18, 1995 (22:25 Md. R. 1963); December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .03 amended effective December 2, 1985 (12:24 Md. R. 2349); December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04D amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04C amended effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .05 amended as an emergency provision effective February 17, 2006 (33:6 Md. R. 576); amended permanently effective July 17, 2006 (33:14 Md. R. 1164)*
- *Administrative History: Regulation .05 amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .05B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .05C amended effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .06B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .06B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .07B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .07B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .07E amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Authority: Transportation Article, §§4-205(f), 4-405, 8-204(b), and 8-605, Annotated Code of Maryland*
##### **COMAR 11.04.10.05** Specific Conditions for Food Signing. {#sec-11.04.10.05 omnilex-key=us-md-regs-official--title-11--11.04.10.05}
A. Signing for food shall be limited to those business establishments within 3 miles from the gore of the associated off-ramp.
B. Repealed.
C. The business establishment shall be open for continuous operation serving at least 14 hours a day, at least 6 days a week and be opened not later than 7 a.m., except as noted in §§D and E of this regulation.
D. If the logo sign has less than the number of permitted logo plates, as described in regulation .03 E-1 of this chapter, a business establishment that is open continuously serving at least 8 hours a day, at least 6 days a week and opening no later than 11 a.m. may be approved for placement under the conditions of this regulation.
E. If a business open for continuous operation as described in §C of this regulation applies for space on a full logo sign that has logo plates displayed for businesses approved under §D of this regulation, the business approved under §D of this regulation that is the farthest from the interchange shall be removed as provided in Regulation .03K(1) and (2) of this chapter.
F. The business establishment shall have a telephone available for public use.
G. Except as provide in §H of this regulation, the business establishment shall have a minimum seating capacity for 20 persons.
H. Drive-ins shall have a minimum of 10 stalls.
**History**
- *Administrative History: Effective date: September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: Regulation .01 amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .01B-1 adopted effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .02A amended effective December 2, 1985 (12:24 Md. R. 2349); December 18, 1995 (22:25 Md. R. 1963); December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .03 amended effective December 2, 1985 (12:24 Md. R. 2349); December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04D amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04C amended effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .05 amended as an emergency provision effective February 17, 2006 (33:6 Md. R. 576); amended permanently effective July 17, 2006 (33:14 Md. R. 1164)*
- *Administrative History: Regulation .05 amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .05B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .05C amended effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .06B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .06B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .07B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .07B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .07E amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Authority: Transportation Article, §§4-205(f), 4-405, 8-204(b), and 8-605, Annotated Code of Maryland*
##### **COMAR 11.04.10.06** Specific Conditions for Lodging Signing. {#sec-11.04.10.06 omnilex-key=us-md-regs-official--title-11--11.04.10.06}
A. Signing for lodging shall be limited to those business establishments within 3 miles from the gore of the associated off-ramp.
B. Repealed.
C. The business establishment shall have a minimum of ten rooms or units and shall be open the year round.
D. The business establishment shall have a telephone available for public use.
**History**
- *Administrative History: Effective date: September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: Regulation .01 amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .01B-1 adopted effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .02A amended effective December 2, 1985 (12:24 Md. R. 2349); December 18, 1995 (22:25 Md. R. 1963); December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .03 amended effective December 2, 1985 (12:24 Md. R. 2349); December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04D amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04C amended effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .05 amended as an emergency provision effective February 17, 2006 (33:6 Md. R. 576); amended permanently effective July 17, 2006 (33:14 Md. R. 1164)*
- *Administrative History: Regulation .05 amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .05B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .05C amended effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .06B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .06B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .07B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .07B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .07E amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Authority: Transportation Article, §§4-205(f), 4-405, 8-204(b), and 8-605, Annotated Code of Maryland*
##### **COMAR 11.04.10.07** Specific Conditions for Camping Signing. {#sec-11.04.10.07 omnilex-key=us-md-regs-official--title-11--11.04.10.07}
A. Signing for camping shall be limited to those business establishments within 15 miles from the gore of the associated off-ramp.
B. Repealed.
C. The campground shall have a minimum of ten camping spaces.
D. The campground shall have adequate parking for each camping space.
E. The campground shall have sanitary facilities.
F. The campground shall have drinking water.
G. The campground access shall be capable of accommodating vehicles and trailers during all weather conditions.
H. The campground shall have a telephone available for public use.
I. The campground may not be closed to public use other than for a single period of up to 120 consecutive days between November 1 and April 1.
**History**
- *Administrative History: Effective date: September 24, 1984 (11:19 Md. R. 1666)*
- *Administrative History: Regulation .01 amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .01B-1 adopted effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .02A amended effective December 2, 1985 (12:24 Md. R. 2349); December 18, 1995 (22:25 Md. R. 1963); December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .03 amended effective December 2, 1985 (12:24 Md. R. 2349); December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04D amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .04C amended effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .05 amended as an emergency provision effective February 17, 2006 (33:6 Md. R. 576); amended permanently effective July 17, 2006 (33:14 Md. R. 1164)*
- *Administrative History: Regulation .05 amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .05B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .05C amended effective December 2, 1985 (12:24 Md. R. 2349)*
- *Administrative History: Regulation .06B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .06B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .07B amended effective July 9, 1990 (17:13 Md. R. 1611)*
- *Administrative History: Regulation .07B repealed effective December 24, 2012 (39:25 Md. R. 1614)*
- *Administrative History: Regulation .07E amended effective December 24, 2012 (39:25 Md. R. 1614)*
- *Authority: Transportation Article, §§4-205(f), 4-405, 8-204(b), and 8-605, Annotated Code of Maryland*
## **11.04.11** Overweight Vehicle Permits for Certain Containerized Cargo Hauling
##### **COMAR 11.04.11.01** Definitions. {#sec-11.04.11.01 omnilex-key=us-md-regs-official--title-11--11.04.11.01}
A. The following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the State Highway Administration.
(2) "Containerized cargo" means manifested international freight in a sealed, seagoing container that is heading to or egressing the Port of Baltimore.
(3) “Overweight” means weights that exceed the limits allowed by Transportation Article, Title 24, Annotated Code of Maryland.
(4) “Unit” means the Hauling Permits Unit located within the Motor Carrier Division at the Maryland State Highway Administration's Office of Traffic and Safety.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted as emergency provision effective September 24, 1986 (13:21 Md. R. 2312); adopted permanently effective December 15, 1986 (13:25 Md. R. 2662)*
- *Administrative History: Regulation .04 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 11, 1988 (15:10 Md. R. 1197); adopted permanently effective August 8, 1988 (15:16 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 10, 1990 (17:8 Md. R. 971); adopted permanently effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .07 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .01B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .04 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06G adopted effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .09E amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .10A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .11 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, 24-113, and 24-113.1, Annotated Code of Maryland*
##### **COMAR 11.04.11.02** Permits Available. {#sec-11.04.11.02 omnilex-key=us-md-regs-official--title-11--11.04.11.02}
A person may move an indivisible load of containerized cargo under a containerized cargo permit.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted as emergency provision effective September 24, 1986 (13:21 Md. R. 2312); adopted permanently effective December 15, 1986 (13:25 Md. R. 2662)*
- *Administrative History: Regulation .04 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 11, 1988 (15:10 Md. R. 1197); adopted permanently effective August 8, 1988 (15:16 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 10, 1990 (17:8 Md. R. 971); adopted permanently effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .07 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .01B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .04 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06G adopted effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .09E amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .10A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .11 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, 24-113, and 24-113.1, Annotated Code of Maryland*
##### **COMAR 11.04.11.03** Determination of an Indivisible Load. {#sec-11.04.11.03 omnilex-key=us-md-regs-official--title-11--11.04.11.03}
A truck tractor-semitrailer combination of vehicles carrying manifested international freight as the only load of the vehicle in a sealed, seagoing container on a semitrailer is deemed to be carrying an indivisible load if:
A. The vehicle does not exceed the following maximum gross vehicle weight or axle weight limits:
(1) 22,400 pounds on a single axle;
(2) 44,000 pounds on 2 consecutive axles at least 4 feet apart; or
(3) 90,000 pounds gross vehicle weight; and
B. The maximum allowable gross weight limit is 80,000 pounds for a 20-foot container loaded on a 20-foot intermodal chassis, 90,000 pounds for a 20-foot container loaded on a 40-foot or longer intermodal chassis, and 90,000 pounds for a 40-foot container, provided that the:
(1) Vehicle is being operated only on the routes specified under Regulation .04 of this chapter, and other routes approved by the Unit and described in the permit;
(2) Vehicle is being operated in compliance with the permit issued under these regulations; and
(3) Original permit issued to the appropriate permittee is being carried in the vehicle.
**Cross References**
11.04.11.05
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted as emergency provision effective September 24, 1986 (13:21 Md. R. 2312); adopted permanently effective December 15, 1986 (13:25 Md. R. 2662)*
- *Administrative History: Regulation .04 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 11, 1988 (15:10 Md. R. 1197); adopted permanently effective August 8, 1988 (15:16 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 10, 1990 (17:8 Md. R. 971); adopted permanently effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .07 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .01B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .04 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06G adopted effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .09E amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .10A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .11 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, 24-113, and 24-113.1, Annotated Code of Maryland*
##### **COMAR 11.04.11.04** Routes of Travel. {#sec-11.04.11.04 omnilex-key=us-md-regs-official--title-11--11.04.11.04}
A containerized cargo permit is valid for travel on all interstate highways in Maryland and the following routes under the jurisdiction of the State or the City of Baltimore only after the Secretary of Transportation has the results of studies and determines that use of permits issued under these regulations will not cause extraordinary damage to the roads and structures on the routes:
A. Between the Dundalk Marine Terminal and the Maryland-Pennsylvania State Line as follows:
(1) Harbor Tunnel (I-895) Routes:
(a) From the Dundalk Marine Terminal, north on Broening Highway, west on Keith Avenue to Interstate-95 North to Boston Street Exit 57, to north on Interstate Avenue, west on the O'Donnell Street Cut-Off to Interstate-895 Harbor Tunnel Thruway to Interstate-695 (Towson) to Harbor Tunnel Thruway to Interstate-695 (Towson) to Interstate-70 west to the Maryland-Pennsylvania State Line;
(b) From the Maryland-Pennsylvania State Line travel east on Interstate-70 to Interstate-695 (Glen Burnie) to Interstate-895 Harbor Tunnel Thruway to the Holabird Avenue Exit East to travel south on Broening Highway to the Dundalk Marine Terminal.
(2) Fort McHenry Tunnel (I-95) Routes:
(a) From the Dundalk Marine Terminal, north on Broening Highway, west on Keith Avenue to Interstate-95 South (Washington) through the Fort McHenry Tunnel to Interstate-695 (Towson) to Interstate-70 west to the Maryland-Pennsylvania Line;
(b) From the Maryland-Pennsylvania Line travel east on Interstate-70 to Interstate-695 (Glen Burnie) to Interstate-95 North (New York) through the Fort McHenry Tunnel to Keith Avenue Exit 56, east on Keith Avenue to Broening Highway, south on Broening Highway to the Dundalk Marine Terminal.
B. Between the Dundalk Marine Terminal and the Maryland-Delaware State Line as follows:
(1) From the Dundalk Marine Terminal, north on Broening Highway, west on Keith Avenue to Interstate-95 North to the John F. Kennedy Memorial Highway to the Maryland-Delaware State Line;
(2) From the Maryland-Delaware State Line travel the John F. Kennedy Memorial Highway to Interstate-95 South to the Keith Avenue Exit East to travel south on Broening Highway to the Dundalk Marine Terminal.
C. Between the CSX Intermodal Ramp and the Maryland-Pennsylvania State Line as follows:
(1) Harbor Tunnel (I-895) Routes:
(a) From the CSX Intermodal Ramp, west on Newgate Avenue, north on Newkirk Street to O'Donnell Street, east on O'Donnell Street to Interstate-895 Harbor Tunnel Thruway to Interstate-695 (Towson) to Interstate-70 west to the Maryland-Pennsylvania State Line;
(b) From the Maryland-Pennsylvania State Line travel east on Interstate-70 to Interstate-695 (Glen Burnie) to Interstate-895 Harbor Tunnel Thruway to O'Donnell Street west to Newkirk Street, south on Newkirk Street to Newgate Avenue, east on Newgate to the CSX Intermodal Ramp.
(2) Fort McHenry Tunnel (I-95) Routes:
(a) From the CSX Intermodal Ramp, east on Newgate Avenue, north on Vail Street to Keith Avenue, west on Keith Avenue to Interstate-95 South (Washington) through the Fort McHenry Tunnel to Interstate-695 (Towson) to Interstate-70 west to the Maryland-Pennsylvania Line;
(b) From the Maryland-Pennsylvania Line travel east on Interstate-70 to Interstate-695 (Glen Burnie) to Interstate-95 North (New York) through the Fort McHenry Tunnel to Keith Avenue Exit 56, east on Keith Avenue to Vail Street, south on Vail to Newgate Avenue, west on Newgate to the CSX Intermodal Ramp.
D. Between the CSX Intermodal Ramp and the Maryland-Delaware State Line as follows:
(1) From the CSX Intermodal Ramp, east on Newgate Avenue, north on Vail Street to Keith Avenue, west on Keith Avenue to Interstate-95 North to the John F. Kennedy Memorial Highway to the Maryland-Delaware State Line;
(2) From the Maryland-Delaware State Line travel the John F. Kennedy Memorial Highway to Interstate-95 South to the Keith Avenue Exit East to travel south on Vail Street to Newgate Avenue, west on Newgate to the CSX Intermodal Ramp.
E. Between the South Locust Point Marine terminal and the Maryland-Pennsylvania State Line:
(1) From the South Locust Point Marine Terminal west on McComas Street to Interstate-95 South (Washington) to Interstate-695 (Towson) to Interstate-70 west to the Maryland-Pennsylvania Line;
(2) From the Maryland-Pennsylvania Line travel east on Interstate-70 to Interstate-695 (Glen Burnie) to Interstate-95 North (New York) to Key Highway Exit 55, east on McComas to the South Locust Point Marine Terminal.
F. Between the South Locust Point Marine Terminal and the Maryland-Delaware State Line:
(1) Harbor Tunnel (I-895) Routes:
(a) From the South Locust Point Marine Terminal west on McComas Street to south on Hanover/Potee Streets, east on Frankfurst Avenue north to I-895 Harbor Tunnel Thruway to Interstate-95 North (New York) to the John F. Kennedy Memorial Highway to the Maryland-Delaware State Line,
(b) From the Maryland-Delaware State Line travel the John F. Kennedy Memorial Highway to Interstate-95 South to Interstate-895 Harbor Tunnel Thruway to Frankfurst Avenue, west on Frankfurst Avenue to Hanover Street, north on Hanover Street to McComas Street, east on McComas Street to the South Locust Point Marine Terminal;
(2) Fort McHenry Tunnel (I-95) Routes:
(a) From the South Locust Point Marine Terminal to Interstate-95 North (New York), through the Fort McHenry Tunnel to the John F. Kennedy Memorial Highway to the Maryland-Delaware State Line,
(b) From the Maryland-Delaware State Line travel the John F. Kennedy Memorial Highway to Interstate-95 South (Washington) through the Fort McHenry Tunnel to Key Highway Exit 55, south on Key Highway to E. McComas Street, east on McComas Street to the South Locust Point Marine Terminal.
G. Intra-city routes between the Dundalk Marine Terminal and the South Locust Point Marine Terminal are as follows:
(1) Harbor Tunnel (I-895) Routes:
(a) From the Dundalk Marine Terminal, north on Broening Highway, west on Keith Avenue to Interstate-95 North to Boston Street Exit 57, to north on Interstate Avenue, west on the O'Donnell Street Cut-Off to I-895 Harbor Tunnel Thruway to Frankfurst Avenue, west on Frankfurst Avenue to Hanover Street, north on Hanover Street to McComas Street, east on McComas Street to the South Locust Point Marine Terminal,
(b) From the South Locust Point Marine Terminal, west on McComas Street, south on Hanover/Potee Streets, east on Frankfurst Avenue to Interstate-895 Harbor Tunnel Thruway to east on O'Donnell Street, south on Interstate Avenue to Interstate-95 South, to east on Keith Avenue, south on Broening Highway to the Dundalk Marine Terminal;
(2) Fort McHenry Tunnel (I-95) Routes:
(a) From the Dundalk Marine Terminal, north on Broening Highway, west on Keith Avenue to Interstate-95 South (Washington) through the Fort McHenry Tunnel to Key Highway Exit 55, south on Key Highway to E. McComas Street, east on McComas Street to the South Locust Point Marine Terminal,
(b) From the South Locust Point Marine Terminal to Interstate-95 North (New York) through the Fort McHenry Tunnel to Keith Avenue Exit 56, east on Keith Avenue to Broening Highway, south on Broening Highway to the Dundalk Marine Terminal.
H. Intra-city routes between the Dundalk Marine Terminal and Norfolk Southern Intermodal Ramp are as follows:
(1) From the Dundalk Marine Terminal, north on Broening Highway, west on Keith Avenue to Interstate-95 North to the Eastern Avenue Exit, west on Eastern Avenue to Kane Street, north on Kane Street to Lombard Street, west on Lombard Street to the Norfolk Southern Intermodal Ramp opposite Oldham Street;
(2) From the Norfolk Southern Intermodal Ramp, east on Lombard Street to Kane Street, south on Kane Street to Interstate-95 South to the Keith Avenue Exit east to Broening Highway, south on Broening Highway to the Dundalk Marine Terminal.
I. Intra-city routes between the Dundalk Marine Terminal and the Port Covington CSX Railhead:
(1) Harbor Tunnel (I-895) Routes:
(a) From the Dundalk Marine Terminal north on Broening Highway, to west on Keith Avenue, to Interstate-95 North to O'Donnell Street Cut-Off, west on O'Donnell Street Cut-Off, to I-895 Harbor Tunnel Thruway, to Frankfurst Avenue, west on Frankfurst Avenue to north on Hanover Street, to east on Cromwell Street, north on Charles Street to Port Covington CSX Railhead,
(b) From Port Covington CSX Railhead, south on Charles Street to west on Cromwell Street, south on Hanover/Potee Streets, to east on Frankfurst Avenue, to I-895 Harbor Tunnel Thruway, to O'Donnell Street Exit, east on O'Donnell Street Cut-Off to south on Interstate Avenue, to Interstate-95 South, to east on Keith Avenue, to south on Broening Highway to the Dundalk Marine Terminal;
(2) Fort McHenry Tunnel (I-95) Routes:
(a) From the Dundalk Marine Terminal, north on Broening Highway to Keith Avenue, west on Keith Avenue to Interstate-95 South (Washington) through the Fort McHenry Tunnel to Key Highway Exit 55, west on McComas Street to Hanover Street, south on Hanover Street to Cromwell Street, east on Cromwell Street to Charles Street, north on Charles Street to Port Covington CSX Railhead,
(b) From Port Covington, south on Charles Street to Cromwell Street, west on Cromwell Street to Hanover Street, north on Hanover Street to McComas Street, east on McComas Street to Interstate-95 North (New York), through the Fort McHenry Tunnel to Keith Avenue Exit 56, east on Keith Avenue to Broening Highway, south on Broening Highway to the Dundalk Marine Terminal.
J. Intra-city routes between the Dundalk Marine Terminal and the CSX Intermodal Ramp:
(1) From the Dundalk Marine Terminal north on Broening Highway, west on Keith Avenue, south on Vail Street, west on Newgate Avenue to the CSX Intermodal Ramp on the south side of Newgate Avenue opposite Newkirk Street;
(2) From the CSX Intermodal Ramp, east on Newgate Avenue, north on Vail Street, east on Keith Avenue, south on Broening Highway to the Dundalk Marine Terminal.
K. Intra-city routes between the South Locust Point Marine Terminal and Port Covington CSX Railhead are as follows:
(1) From the South Locust Point Marine Terminal, west on McComas Street to to Hanover Street, south on Hanover Street to Cromwell Street, into jughandle for east on Cromwell Street, north on Charles Street to Port Covington CSX Railhead;
(2) From Port Covington CSX Railhead, south on Charles Street to Cromwell Street, west on Cromwell Street to Hanover Street, north on Hanover Street to McComas Street, east on McComas Street to the South Locust Point Marine Terminal.
L. Intra-city routes between the South Locust Point Marine Terminal and the CSX Intermodal Ramp:
(1) Harbor Tunnel (I-895) routes:
(a) From the South Locust Point Marine Terminal west on McComas Street to south on Hanover/Potee Streets, to east on Frankfurst Avenue to I-895 Harbor Tunnel Thruway north to O'Donnell Street, east on the O'Donnell Street Cut-Off, south on Interstate Avenue to I-95 South to Keith Avenue, east on Keith Avenue, south on Vail Street, west on Newgate Avenue to the CSX Intermodal Ramp,
(b) From the CSX Intermodal Ramp, west on Newgate Avenue, north to Newkirk Street to O'Donnell Street, east on O'Donnell Street to I-895 Harbor Terminal Thruway south to Frankfurst Avenue exit, west on Frankfurst Avenue to north on Hanover Street, to east on McComas Street to the South Locust Point Marine Terminal;
(2) Fort McHenry Tunnel (I-95) Routes:
(a) From the South Locust Point Marine Terminal to Interstate-95 North (New York) through the Fort McHenry Tunnel to Keith Avenue Exit 56, east on Keith Avenue to Vail Street, south on Vail to Newgate Avenue, west on Newgate to the Sea-Land Terminal,
(b) From the Sea-Land Terminal, east on Newgate Avenue, north on Vail Street to Keith Avenue, west on Keith Avenue to Interstate-95 South (Washington) through the Fort McHenry Tunnel to Key Highway Exit 55, south on Key Highway to E. McComas Street, east on McComas Street to the South Locust Point Marine Terminal.
M. Intra-city routes between the South Locust Point Marine Terminal and the Norfolk Southern Intermodal Ramp are as follows:
(1) Harbor Tunnel (I-895) Routes:
(a) From the South Locust Point Marine Terminal, west on McComas Street, south on Hanover/Potee Streets, east on Frankfurst Avenue to I-895 Harbor Tunnel Thruway north to Lombard Street, west on Lombard Street to Norfolk Southern Intermodal Ramp on north side of Lombard Street opposite Oldham Street,
(b) From the Norfolk Southern Intermodal Ramp, east on Lombard Street, south on Ponca Street to I-895 Harbor Tunnel Thruway, south to Frankfurst Avenue, west on Frankfurst Avenue to north on Hanover Street, to east on McComas Street to the South Locust Point Marine Terminal;
(2) Fort McHenry Tunnel (I-95) Routes:
(a) From the South Locust Point Marine Terminal to Interstate-95 North (New York) through the Fort McHenry Tunnel to the Eastern Avenue Exit, west on Eastern Avenue to Kane Street, north on Kane Street to Lombard Street, west on Lombard Street to Norfolk Southern Intermodal Ramp opposite Oldham Street,
(b) From the Norfolk Southern Intermodal Ramp, east on Lombard Street to Kane Street, south on Kane Street to Interstate-95 South (Washington) through the Fort McHenry Tunnel to Key Highway Exit 55, south on Key Highway to E. McComas Street, east on McComas Street to the South Locust Point Marine Terminal.
N. Intra-city routes between the CSX Intermodal Ramp and Norfolk Southern Intermodal Ramp are as follows:
(1) From the CSX Intermodal Ramp, east on Newgate Avenue, north on Vail Street, west on Keith Avenue to Interstate-95 North, to the Eastern Avenue Exit, west on Eastern Avenue to Kane Street, north on Kane Street, west on Lombard Street to the Norfolk Southern Intermodal Ramp opposite Oldham Street;
(2) From the Norfolk Southern Intermodal Ramp, east on Lombard Street to Kane Street, south on Kane Street to Interstate-95 South, to the Keith Avenue Exit, east on Keith Avenue, south on Vail Street, west on Newgate Avenue to the CSX Intermodal Ramp.
O. Intra-city routes between the CSX Intermodal Ramp and the Port Covington CSX Railhead are as follows:
(1) Harbor Tunnel (I-895) Routes:
(a) From the CSX Intermodal Ramp, west on Newgate Avenue, north on Newkirk Street to O'Donnell Street, east on O'Donnell Street to Interstate-895 Harbor Tunnel Thruway to Frankfurst Avenue, west on Frankfurst Avenue to north on Hanover Street, east on Cromwell Street, north on Charles Street to the Port Covington CSX Railhead,
(b) From the Port Covington CSX Railhead, south on Charles Street, west on Cromwell Street, south on Hanover/Potee Streets to east on Frankfurst Avenue, north on Interstate-895 Harbor Tunnel Thruway, to west on O'Donnell Street, south on Newkirk Street to Newgate Avenue, east on Newgate to CSX Intermodal Ramp;
(2) Fort McHenry Tunnel (I-95) Routes:
(a) From the CSX Intermodal Ramp, east on Newgate Avenue, north on Vail Street to Keith Avenue, west on Keith Avenue to Interstate-95 South (Washington) through the Fort McHenry Tunnel to Key Highway Exit 55, west on McComas Street, south on Hanover Street to Cromwell Street, into jughandle for east on Cromwell Street, north on Charles Street to the Port Covington CSX Railhead,
(b) From the Port Covington CSX Railhead, south on Charles Street, west on Cromwell Street, north on Hanover Street to McComas Street, east on McComas Street to Interstate-95 North (New York) through the Fort McHenry Tunnel to Keith Avenue Exit 56, east on Keith Avenue, south on Vail Street, west on Newgate to the CSX Intermodal Ramp.
P. Routes using Interstate-83 to and from the Maryland-Pennsylvania State Line:
(1) Using the appropriate route from §§A through F of this regulation to reach Interstate-95 North, to Interstate-695 (Pikesville) to Interstate-83 (York) to the Maryland-Pennsylvania State Line;
(2) From the Maryland-Pennsylvania State Line travel Interstate-83 (Baltimore) to Interstate-695 (Essex) to Interstate-95 South then use the appropriate route from §§A through F of this regulation.
Q. Between the Port of Baltimore and Cambridge, Salisbury, the Maryland-Delaware State Line and Federalsburg:
(1) Between the Port of Baltimore and Cambridge and Salisbury via U.S. Route 50:
(a) Harbor Tunnel (I-895) Routes:
(i) Using the appropriate routes from §§G through O of this regulation to reach the Interstate-895 Harbor Tunnel Thruway, travel south to Maryland Route 3 to Maryland Route 100, to Maryland Route 2 South, to U.S. Route 50 East across the William Preston Lane, Jr. Memorial (Bay) Bridge, continue on U.S. Route 50 to Cambridge or Salisbury.
(ii) From Cambridge or Salisbury travel U.S. Route 50 West across the William Preston Lane, Jr. Memorial (Bay) Bridge, continue on U.S. Route 50 West to Maryland Route 2 (Baltimore) to Maryland Route 100, to Maryland Route 3 to the Interstate-895 Harbor Tunnel Thruway then use the appropriate routes from §§G through O of this regulation.
(b) Fort McHenry Tunnel (I-95) Routes:
(i) Using the appropriate routes from §§G through O of this regulation to reach Interstate-95 South (Washington)/Fort McHenry Tunnel, travel to Interstate-695 (Glen Burnie) to Maryland Route 3 South (Annapolis/Bay Bridge) to Maryland Route 100, to Maryland Route 2 South, to U.S. Route 50 East across the William Preston Lane, Jr. Memorial (Bay) Bridge, continue on U.S. Route 50 to Cambridge or Salisbury.
(ii) From Cambridge or Salisbury travel U.S. Route 50 West across the William Preston Lane, Jr. Memorial (Bay) Bridge, continue on U.S. Route 50 West to Maryland Route 2 (Baltimore) to Maryland Route 100, to Maryland Route 3, to Interstate-695 North (Baltimore) to Interstate-95 North (New York)/Fort McHenry Tunnel then use the appropriate routes from §§G through O of this regulation.
(2) Auxiliary routes between U.S. Route 50 and the Maryland-Delaware State Line:
(a) From U.S. Route 50 East travel Maryland Route 404 East, to Maryland Route 313 North, to Maryland Route 317 East to the Maryland-Delaware State Line.
(b) From the Maryland-Delaware State Line travel Maryland Route 317 West to Maryland Route 313 South to Maryland Route 404 West to U.S. Route 50 West.
(3) Auxiliary routes between U.S. Route 50 and Federalsburg:
(a) From U.S. Route 50 East travel Maryland Route 331 East to Maryland Route 318 East to Federalsburg.
(b) From Federalsburg travel Maryland Route 318 West to Maryland Route 331 to U.S. Route 50 West.
R. Additional authorized containerized cargo access routes are:
(1) Interstate-68 east and west and Interstate-70 east and west to existing containerized cargo and return;
(2) Taneytown, Maryland Route 140 north and south, Maryland Route 97 north and south, and Interstate-70 east and west to existing containerized cargo routes and return;
(3) Hanover, Maryland, Candlewood Road, Maryland Route 176 east and west and Interstate-97 north and south to existing containerized cargo routes and return;
(4) From the Maryland—Virginia Line, Interstate-495 north and south, and Interstate-95 north and south to existing containerized cargo routes and return;
(5) Snowden River Parkway, Maryland Route 175 east and west to Interstate-95 north and south to existing containerized cargo routes and return;
(6) North Langley Road to Maryland Route 2, Maryland Route 270, Maryland Route 10, and Interstate-695 Dundalk Exit 44 over the Francis Scott Key Bridge; and
(7) Federalsburg, Maryland to Maryland Route 307 south to Maryland Route 331 south (Hurlock, Maryland) to Maryland Route 392 west to Maryland Route 16 south to the intersection of U.S. Route 50 (Cambridge, Maryland), and return via Maryland Route 16 north to Maryland Route 392 east (Hurlock, Maryland) to Maryland Route 331 north to Maryland Route 307 north (Federalsburg, Maryland).
**Cross References**
11.04.11.03B(1)
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted as emergency provision effective September 24, 1986 (13:21 Md. R. 2312); adopted permanently effective December 15, 1986 (13:25 Md. R. 2662)*
- *Administrative History: Regulation .04 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 11, 1988 (15:10 Md. R. 1197); adopted permanently effective August 8, 1988 (15:16 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 10, 1990 (17:8 Md. R. 971); adopted permanently effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .07 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .01B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .04 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06G adopted effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .09E amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .10A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .11 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, 24-113, and 24-113.1, Annotated Code of Maryland*
##### **COMAR 11.04.11.05** Authority to Issue Permit. {#sec-11.04.11.05 omnilex-key=us-md-regs-official--title-11--11.04.11.05}
The Unit may issue permits to allow the movement of overweight vehicles hauling an indivisible load of containerized cargo as described in Regulation .03 of this chapter.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted as emergency provision effective September 24, 1986 (13:21 Md. R. 2312); adopted permanently effective December 15, 1986 (13:25 Md. R. 2662)*
- *Administrative History: Regulation .04 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 11, 1988 (15:10 Md. R. 1197); adopted permanently effective August 8, 1988 (15:16 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 10, 1990 (17:8 Md. R. 971); adopted permanently effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .07 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .01B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .04 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06G adopted effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .09E amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .10A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .11 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, 24-113, and 24-113.1, Annotated Code of Maryland*
##### **COMAR 11.04.11.06** Procedures. {#sec-11.04.11.06 omnilex-key=us-md-regs-official--title-11--11.04.11.06}
A. To obtain a containerized cargo permit, the applicant shall submit, directly to the Unit, an original signed and completed application on a form and in a manner prescribed by the Unit. The applicant shall allow 5 working days for processing the permit request.
B. The Unit may issue a containerized cargo permit that is valid for 1 year.
C. The Unit shall complete all blanks on the face of the containerized cargo permit before issuing the permit directly to the applicant.
D. The permittee shall sign the permit upon receipt.
E. The permittee or user of a containerized cargo permit shall carry the original (not a copy) of the permit on the overweight vehicle when moving the vehicle on a highway in the State.
F. The permit vehicle may travel permitted routes on a 24-hour daily basis.
G. A permittee shall comply with all restrictions attached to the permit as well as any hauling permit restrictions posted on the Motor Carrier Division and CHART websites found at www.marylandroads.com. It is the responsibility of the permittee to review these websites for current hauling permit restrictions prior to any move being made under authority of this permit.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted as emergency provision effective September 24, 1986 (13:21 Md. R. 2312); adopted permanently effective December 15, 1986 (13:25 Md. R. 2662)*
- *Administrative History: Regulation .04 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 11, 1988 (15:10 Md. R. 1197); adopted permanently effective August 8, 1988 (15:16 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 10, 1990 (17:8 Md. R. 971); adopted permanently effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .07 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .01B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .04 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06G adopted effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .09E amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .10A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .11 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, 24-113, and 24-113.1, Annotated Code of Maryland*
##### **COMAR 11.04.11.07** Fees. {#sec-11.04.11.07 omnilex-key=us-md-regs-official--title-11--11.04.11.07}
A permit issued under this chapter may be issued at no cost to the applicant.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted as emergency provision effective September 24, 1986 (13:21 Md. R. 2312); adopted permanently effective December 15, 1986 (13:25 Md. R. 2662)*
- *Administrative History: Regulation .04 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 11, 1988 (15:10 Md. R. 1197); adopted permanently effective August 8, 1988 (15:16 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 10, 1990 (17:8 Md. R. 971); adopted permanently effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .07 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .01B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .04 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06G adopted effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .09E amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .10A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .11 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, 24-113, and 24-113.1, Annotated Code of Maryland*
##### **COMAR 11.04.11.08** Denial of Permit. {#sec-11.04.11.08 omnilex-key=us-md-regs-official--title-11--11.04.11.08}
A. The Unit may not issue a containerized cargo permit unless the vehicle has 5 axles or more.
B. A permit may not be issued for more than one container on a truck tractor-semitrailer combination of vehicles.
C. For any vehicle exceeding 80,000 pounds gross vehicle weight up to and including the maximum 90,000 pounds gross vehicle weight, the distance measured horizontally between the vertical center lines of the second axle and the last axle shall measure at least 36 feet.
D. Repealed.
E. A vehicle weighing 80,000 pounds or more gross vehicle weight shall be registered for the maximum gross weight in its state of registration.
F. Vehicles weighing less than 80,000 pounds gross vehicle weight shall be registered for not less than their actual gross vehicle weight.
G. The permit vehicle and load may not exceed the vehicle size limits allowed by the Maryland Transportation Article, Title 24, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted as emergency provision effective September 24, 1986 (13:21 Md. R. 2312); adopted permanently effective December 15, 1986 (13:25 Md. R. 2662)*
- *Administrative History: Regulation .04 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 11, 1988 (15:10 Md. R. 1197); adopted permanently effective August 8, 1988 (15:16 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 10, 1990 (17:8 Md. R. 971); adopted permanently effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .07 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .01B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .04 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06G adopted effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .09E amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .10A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .11 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, 24-113, and 24-113.1, Annotated Code of Maryland*
##### **COMAR 11.04.11.09** Miscellaneous Conditions. {#sec-11.04.11.09 omnilex-key=us-md-regs-official--title-11--11.04.11.09}
The following conditions apply to every containerized cargo permit:
A. The conditions specified in this regulation apply to every containerized cargo permit.
B. A permit does not authorize a vehicle to travel upon roadways and bridges when the gross vehicle weight exceeds the posted weight restriction.
C. The permittee or user shall comply with the vehicle laws of Maryland (except those weight limits from which the permit authorizes departure) and with all the conditions of the permit and these regulations.
D. A permit vehicle may not be operated at speeds greater than 50 miles per hour.
E. Failure to Comply.
(1) Failure to comply with permit conditions or these regulations shall:
(a) Void the permit and subject the permittee or user to the full assessment of fines under Transportation Article, §27-105, Annotated Code of Maryland, as if the permit were not issued;
(b) Cause the permit to be subject to immediate revocation and confiscation by any officer or authorized civilian employee of the Maryland State Police, any officer of the Maryland Transportation Authority Police, or any other police officer; and
(c) Cause the load subject to reduction in compliance with Transportation Article, Title 24, Annotated Code of Maryland.
(2) If an officer confiscates a permit, the officer shall immediately notify the Unit and return the permit to the Unit after it has been used as evidence in any law enforcement proceedings.
F. The permittee or user shall present the permit for inspection, upon request, to an officer or authorized civilian employee of the Maryland State Police, an officer of the Maryland Transportation Authority Police, or any other police officer; and the permit shall be open to inspection by a State, county, municipal, or other public official and to a person involved in an accident in which the vehicle was involved.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted as emergency provision effective September 24, 1986 (13:21 Md. R. 2312); adopted permanently effective December 15, 1986 (13:25 Md. R. 2662)*
- *Administrative History: Regulation .04 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 11, 1988 (15:10 Md. R. 1197); adopted permanently effective August 8, 1988 (15:16 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 10, 1990 (17:8 Md. R. 971); adopted permanently effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .07 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .01B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .04 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06G adopted effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .09E amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .10A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .11 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, 24-113, and 24-113.1, Annotated Code of Maryland*
##### **COMAR 11.04.11.10** Suspension. {#sec-11.04.11.10 omnilex-key=us-md-regs-official--title-11--11.04.11.10}
A. If a permittee has violated these regulations, or the terms of a permit two times within a 6-month period, the Unit may suspend for 30 days the permittee from use of a containerized cargo permit issued and outstanding.
B. If a permittee has violated these regulations, or the terms of a permit three times within a 12-month period, the Unit may suspend for 60 days the permittee from use of a containerized cargo permit issued and outstanding.
C. If a permittee has violated these regulations, or the terms of a permit more than three times within a 12-month period, the Unit may revoke permanently the permittee from use of a containerized cargo permit.
D. Procedures.
(1) The Unit determines initially all violations of these regulations or the terms of a permit.
(2) If the Unit determines that there has been a violation, it shall notify the permittee by certified mail of the specific violations, of a period of suspension, of a revocation, and of the opportunity for appeal and to be heard.
(3) The permittee has 7 business days from receipt of the written notice of violation to file a written appeal with the Director, Office of Traffic and Safety, State Highway Administration. An appeal will not be accepted unless it is in writing and filed within the prescribed time limit.
(4) If an appeal is filed, the Director, Office of Traffic and Safety, State Highway Administration, shall review the entire record relating to the violation charged. If the appellant specifically requests a hearing, the Director shall grant a hearing. If the appellant fails to appear at the hearing, the Director, Office of Traffic and Safety, State Highway Administration, may proceed by a review of the record.
(5) After reviewing the record and any evidence submitted at a hearing, the Director shall affirm, amend, or reverse the findings of the Unit.
(6) The decision of the Director, Office of Traffic and Safety, is the final decision of the State Highway Administration.
**Cross References**
11.04.11.11B(1)
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted as emergency provision effective September 24, 1986 (13:21 Md. R. 2312); adopted permanently effective December 15, 1986 (13:25 Md. R. 2662)*
- *Administrative History: Regulation .04 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 11, 1988 (15:10 Md. R. 1197); adopted permanently effective August 8, 1988 (15:16 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 10, 1990 (17:8 Md. R. 971); adopted permanently effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .07 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .01B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .04 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06G adopted effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .09E amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .10A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .11 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, 24-113, and 24-113.1, Annotated Code of Maryland*
##### **COMAR 11.04.11.11** False Statement in Permit Application. {#sec-11.04.11.11 omnilex-key=us-md-regs-official--title-11--11.04.11.11}
A. If an application for a containerized cargo permit contains a false statement of a material fact, the Unit may deny that permit and any future permits to the permittee.
B. Procedures.
(1) If the Unit determines that an application contains a false statement of a material fact, the Unit shall notify the permittee by certified mail of its determination, the status of suspension from future permits, the duration of the suspension as provided in Regulation .10 of this chapter, and the opportunity for appeal and to be heard.
(2) The permittee has 7 business days from receipt of the written notice of violation to file a written appeal to the Director, Office of Traffic and Safety, State Highway Administration. Only a written appeal filed within the time specified will be accepted.
(3) If an appeal is filed, the Director, Office of Traffic and Safety, State Highway Administration, shall review the entire record relating to any violation charged. If the appellant specifically requests a hearing, the Director, Office of Traffic and Safety, State Highway Administration, shall grant a hearing. If the appellant fails to appear the hearing, the Director, Office of Traffic and Safety, State Highway Administration, may proceed by a review of the record.
(3-1) After reviewing the record and any evidence submitted at any hearing, the Director, Office of Traffic and Safety, State Highway Administration, shall affirm, amend, or reverse the decision of the Unit.
(4) The decision of the Director, Office of Traffic and Safety, is the final decision of the State Highway Administration.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted as emergency provision effective September 24, 1986 (13:21 Md. R. 2312); adopted permanently effective December 15, 1986 (13:25 Md. R. 2662)*
- *Administrative History: Regulation .04 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 11, 1988 (15:10 Md. R. 1197); adopted permanently effective August 8, 1988 (15:16 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 10, 1990 (17:8 Md. R. 971); adopted permanently effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .07 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .01B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .04 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06G adopted effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .09E amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .10A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .11 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, 24-113, and 24-113.1, Annotated Code of Maryland*
##### **COMAR 11.04.11.12** Costs and Damages for which Permittee is Responsible. {#sec-11.04.11.12 omnilex-key=us-md-regs-official--title-11--11.04.11.12}
A. The permittee is responsible for payment of each of the following items:
(1) All damage that the vehicle causes, either directly or indirectly, to any road surface, bridge, signs, or other structure, whether maintained by the Administration or by another entity;
(2) The cost of all correspondence, whether telephonic or written, made in connection with the permit;
(3) Any additional expense incurred by the Administration in connection with the permit or the movement authorized by the permit.
B. The Administration shall repair or correct all damage caused to any property owned by or maintained by it and shall collect the expense of the repairs or corrections from the permittee. This includes but is not limited to road surfaces, approaches, embankments, drainage areas, ditches, bridges, signs, structures of any kind, and other property not specifically listed.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted as emergency provision effective September 24, 1986 (13:21 Md. R. 2312); adopted permanently effective December 15, 1986 (13:25 Md. R. 2662)*
- *Administrative History: Regulation .04 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 11, 1988 (15:10 Md. R. 1197); adopted permanently effective August 8, 1988 (15:16 Md. R. 1916)*
- *Administrative History: Regulation .04Q amended as emergency provision effective April 10, 1990 (17:8 Md. R. 971); adopted permanently effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .07 amended as emergency provision effective December 15, 1987 (15:1 Md. R. 16); emergency status extended to April 18, 1988 (15:9 Md. R. 1107); adopted permanently effective April 18, 1988 (15:8 Md. R. 1015)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 22, 2003 (30:25 Md. R. 1849)*
- *Administrative History: Regulation .01B amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .03 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .04 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .06G adopted effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .07 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .08 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .09E amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .10A amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Administrative History: Regulation .11 amended effective March 22, 2010 (37:6 Md. R. 479)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-204(b)—(d) and(i), 24-112, 24-113, and 24-113.1, Annotated Code of Maryland*
## **11.04.12** Local Delivery Truck Routes
##### **COMAR 11.04.12.01** Purpose. {#sec-11.04.12.01 omnilex-key=us-md-regs-official--title-11--11.04.12.01}
The purpose of these regulations is to specify certain highway segments for use as access routes for local deliveries and to establish guidelines for their use in order to ensure public safety, to preserve the highways, and to minimize truck traffic in certain residential and school areas.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.04 adopted as an emergency provision effective June 29, 1995 (22:15 Md. R. 1116); adopted permanently effective October 9, 1995 (22:20 Md. R. 1544)*
- *Authority: Transportation Article, §§24-104.2, 24-203, and 24-209, Annotated Code of Maryland*
##### **COMAR 11.04.12.02** Definitions. {#sec-11.04.12.02 omnilex-key=us-md-regs-official--title-11--11.04.12.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the State Highway Administration.
(2) “Local delivery truck route” means a four-lane divided State highway designated by the Administration as a route which may be used for local deliveries by trucks not exceeding the limitations set forth in Transportation Article, §§13-919, 24-102, 24-104, 24-104.1, 24-104.2, 24-108, and 24-109, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.04 adopted as an emergency provision effective June 29, 1995 (22:15 Md. R. 1116); adopted permanently effective October 9, 1995 (22:20 Md. R. 1544)*
- *Authority: Transportation Article, §§24-104.2, 24-203, and 24-209, Annotated Code of Maryland*
##### **COMAR 11.04.12.03** Designation of Route. {#sec-11.04.12.03 omnilex-key=us-md-regs-official--title-11--11.04.12.03}
U.S. Route 40 from Maryland Route 279 in Cecil County to Maryland Route 152 in Harford County is a designated local delivery truck route.
**Cross References**
11.04.12.04
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.04 adopted as an emergency provision effective June 29, 1995 (22:15 Md. R. 1116); adopted permanently effective October 9, 1995 (22:20 Md. R. 1544)*
- *Authority: Transportation Article, §§24-104.2, 24-203, and 24-209, Annotated Code of Maryland*
##### **COMAR 11.04.12.04** Access. {#sec-11.04.12.04 omnilex-key=us-md-regs-official--title-11--11.04.12.04}
Access from a route designated in Regulation .03 of this chapter for points of origin and destination of cargo shall be by the shortest practical route between the designated route and the points of origin and destination of cargo.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.04 adopted as an emergency provision effective June 29, 1995 (22:15 Md. R. 1116); adopted permanently effective October 9, 1995 (22:20 Md. R. 1544)*
- *Authority: Transportation Article, §§24-104.2, 24-203, and 24-209, Annotated Code of Maryland*
## **11.04.13** Smart Growth
##### **COMAR 11.04.13.01** Purpose. {#sec-11.04.13.01 omnilex-key=us-md-regs-official--title-11--11.04.13.01}
The purpose of this chapter is to establish guidelines for determining if a growth-related transportation project is located within a priority funding area to comply with State Finance and Procurement Article, §5-7B-04(a), Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)*
- *Authority: Transportation Article, §8-204(b); State Finance and Procurement Article, §§5-7B-02 and 5-7B-06; Annotated Code of Maryland*
##### **COMAR 11.04.13.02** Definition. {#sec-11.04.13.02 omnilex-key=us-md-regs-official--title-11--11.04.13.02}
A. In this chapter, the following term has the meaning indicated.
B. Term Defined. “Priority funding area” has the meaning stated in State Finance and Procurement Article, §5-7B-02, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)*
- *Authority: Transportation Article, §8-204(b); State Finance and Procurement Article, §§5-7B-02 and 5-7B-06; Annotated Code of Maryland*
##### **COMAR 11.04.13.03** Projects Located Within a Priority Funding Area. {#sec-11.04.13.03 omnilex-key=us-md-regs-official--title-11--11.04.13.03}
A. After consultation with the Maryland Department of Planning, the Administration may deem a transportation project to be a priority funding area, even if segments of the project are outside the priority funding area, if:
(1) Each segment:
(a) Standing alone would be exempt under State Finance and Procurement Article, §5-7B-06, Annotated Code of Maryland;
(b) Is necessary to eliminate or reduce the number of access points to a highway;
(c) Is necessary to avoid denying access to a property owner with existing access;
(d) Improves or maintains an existing roadway without significantly increasing capacity; or
(e) Comprises less than 5 percent of the lane mileage of the total project length; and
(2) The total lane mileage of segments described in §A(1)(a), (b), (c), and (e) of this regulation, does not exceed 20 percent of the total lane mileage of the project.
B. If a highway or roadway serves as a boundary of a priority funding area, all portions of that highway or roadway immediately adjacent to the priority funding area, such as ramps, bridges, and overpasses, shall be deemed to be the priority funding area for purposes of State Finance and Procurement Article, §5-7B-04(a), Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)*
- *Authority: Transportation Article, §8-204(b); State Finance and Procurement Article, §§5-7B-02 and 5-7B-06; Annotated Code of Maryland*
## **11.04.14** Traffic Control Signal Monitoring Systems — Duration of Yellow Signal Indications
##### **COMAR 11.04.14.01** Scope. {#sec-11.04.14.01 omnilex-key=us-md-regs-official--title-11--11.04.14.01}
This chapter, consistent with guidelines established by the Federal Highway Administration, establishes minimum yellow change intervals at each intersection where a traffic control signal monitoring system is in use.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.03 adopted as an emergency provision effective April 1, 2004 (31:11 Md. R. 855); adopted permanently effective September 27, 2004 (31:19 Md. R. 1433)*
- *Authority: Transportation Article, §21-202.1(b), Annotated Code of Maryland*
##### **COMAR 11.04.14.02** Definitions. {#sec-11.04.14.02 omnilex-key=us-md-regs-official--title-11--11.04.14.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Agency” means:
(a) For a traffic control signal operated and maintained at an intersection under the control of the State, the law enforcement agency primarily responsible for traffic control at that intersection; or
(b) For a traffic control signal operated and maintained at an intersection under the control of a political subdivision, a law enforcement agency of the political subdivision that is authorized to issue citations for a violation of the Maryland Vehicle Law or local traffic laws or regulations.
(2) “Approach grade” means the percent grade of the roadway approaching the signal, expressed as:
(a) A positive number for an uphill grade; and
(b) A negative number for a downhill grade.
(3) “Approach speed” means the higher of the 85^th^ percentile speed or the posted speed limit, in miles per hour (mph).
(4) “Average day” means a day representing traffic volumes normally and repeatedly found at a location, typically a weekday when volumes are influenced by employment.
(5) “Deceleration rate” means the rate, expressed in feet per second per second (ft/sec^2^), required to stop a motor vehicle. Where, on an average day, heavy truck traffic comprises 15 percent or less of the vehicle traffic on the approach, a value of 10.0 ft/sec^2^ shall be used. Where, on an average day, heavy truck traffic comprises more than 15 percent of the vehicle traffic on the approach, a value of 8.0 ft/sec^2^ shall be used.
(6) “Eighty fifth percentile speed” means the speed, in miles per hour (mph), at or below which 85 percent of motor vehicles travel when not slowed by a yellow or red signal indication, traffic, weather, or other conditions.
(7) “Heavy truck” means a single unit truck with three or more axles, a tractor-trailer, or a tractor-semitrailer combination.
(8) “Traffic control signal monitoring system” means a device with one or more motor vehicle sensors working in conjunction with a traffic control signal to produce recorded images of motor vehicles entering an intersection against a red signal.
(9) “Yellow change interval” means the length of time (in seconds) that a traffic control signal displays a yellow indication before changing to red.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.03 adopted as an emergency provision effective April 1, 2004 (31:11 Md. R. 855); adopted permanently effective September 27, 2004 (31:19 Md. R. 1433)*
- *Authority: Transportation Article, §21-202.1(b), Annotated Code of Maryland*
##### **COMAR 11.04.14.03** Minimum Yellow Change Intervals. {#sec-11.04.14.03 omnilex-key=us-md-regs-official--title-11--11.04.14.03}
A. On any approach to a traffic signal where a traffic control monitoring system is in use, the agency shall ensure that the yellow change interval on that approach is not shorter in duration than that determined by the formula set forth in §B of this regulation, following any adjustments required by §C of this regulation.
B. Formula. The formula for calculating the yellow change interval (in seconds) is:
Y = 1.0 + ((0.733 X S)/(D + (0.32 X G)))
Where:
Y = yellow change interval (in seconds);
S = approach speed (in miles per hour);
D = deceleration rate (in ft/sec^2^);
G = approach grade (in percent).
C. Adjustments to Calculated Yellow Change Interval.
(1) The calculated yellow change interval shall be rounded up to the nearest half second.
(2) If the calculated yellow change interval is less than 3.0 seconds, then the yellow change interval shall be 3.0 seconds.
(3) If the calculated yellow change interval is greater than 6.0 seconds, then the yellow change interval shall be 6.0 seconds.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.03 adopted as an emergency provision effective April 1, 2004 (31:11 Md. R. 855); adopted permanently effective September 27, 2004 (31:19 Md. R. 1433)*
- *Authority: Transportation Article, §21-202.1(b), Annotated Code of Maryland*
## **11.04.15** Work Zone Speed Control Systems
##### **COMAR 11.04.15.01** Definitions. {#sec-11.04.15.01 omnilex-key=us-md-regs-official--title-11--11.04.15.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Local police department” means:
(a) The police department of any municipal corporation;
(b) The police department of any county; and
(c) The sheriff's department of any county that has highway traffic patrol responsibilities.
(2) “Owner” means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of 6 months or longer.
(3) “Recorded image” means an image recorded by a work zone speed control system:
(a) On:
(i) A photograph;
(ii) A microphotograph;
(iii) An electronic image;
(iv) Videotape; or
(v) Any other medium; and
(b) Showing:
(i) The rear of a motor vehicle;
(ii) At least two timed-stamped images of the motor vehicle that include the same stationary object near the motor vehicle; and
(iii) On at least one image or portion of tape, a clear and legible identification of the entire registration plate number of the motor vehicle.
(4) “State police department” means the Department of State Police and the Maryland Transportation Authority Police.
(5) “Work zone” means a segment of a highway:
(a) That is identified as a temporary traffic control zone by traffic control devices that are placed or installed in general conformance with the State manual and specifications adopted for a uniform system of traffic control devices;
(b) Where highway construction, repair, maintenance, utility work, or related activity, including the placement, installation, maintenance, or removal of a work zone traffic control device, is being performed regardless of whether workers are present; and
(c) That is equipped with:
(i) Signage designating each entrance and exit to the work zone; and
(ii) Flashing lights that operate whenever workers are present at the work zone.
(6) “Work zone speed control system” means a device that:
(a) Has one or more motor vehicle sensors connected to a camera system capable of producing recorded images of motor vehicles traveling at or above a predetermined speed in or approaching a work zone; and
(b) Is equipped with flashing blue lights.
(7) “Work zone speed control system operator” means an individual who has been trained and certified to operate a work zone speed control system and who is:
(a) A police officer;
(b) A representative of a local police department;
(c) A representative of a State police department; or
(d) A State Highway Administration contractor.
**Cross References**
11.16.05.03A(1)
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.05 adopted as an emergency provision effective October 1, 2009 (36:22 Md. R. 1721); adopted permanently effective January 14, 2010 (37:1 Md. R. 15)*
- *Administrative History: Regulation .01B amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .02E, F adopted effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .03B amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .03D adopted effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .04D amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Authority: Transportation Article, §21-810(m), Annotated Code of Maryland*
##### **COMAR 11.04.15.02** Authorization, Site Qualification, and Operator Selection. {#sec-11.04.15.02 omnilex-key=us-md-regs-official--title-11--11.04.15.02}
A. A local police department or State police department may not deploy any work zone speed control system without the permission of the State or local agency that maintains the highway on which the work zone is to be located.
B. The State or local agency that maintains the highway is responsible for ensuring that any segment of highway on which a work zone speed control system is deployed satisfies the requirements of Transportation Article, §21-810(b)(1), Annotated Code of Maryland.
C. The locations and times when work zone speed control systems are to be deployed within a work zone shall be jointly agreed upon by the agency that maintains the highway and the local police department or the State police department that deploys the work zone speed control system.
D. The deploying local police department or State police department shall determine whether the work zone speed control operator is a police officer, a representative of the police department, or a representative of a Maryland State Highway Administration contractor, for each location where a work zone speed control system is to be operated.
E. A work zone speed control system operator does not need to be present in person or remotely at the work zone when the speed control system is in use.
F. Multiple work zone speed control systems may be implemented and used in a work zone. If a work zone has more than one work zone speed control system in use, not more than one citation may be issued for the same registration plate for alleged violations that occur within a 1-hour period in the work zone.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.05 adopted as an emergency provision effective October 1, 2009 (36:22 Md. R. 1721); adopted permanently effective January 14, 2010 (37:1 Md. R. 15)*
- *Administrative History: Regulation .01B amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .02E, F adopted effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .03B amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .03D adopted effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .04D amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Authority: Transportation Article, §21-810(m), Annotated Code of Maryland*
##### **COMAR 11.04.15.03** Public Notification and Advance Warning. {#sec-11.04.15.03 omnilex-key=us-md-regs-official--title-11--11.04.15.03}
A. An agency that maintains a highway on which a work zone speed control system is deployed and the local police department or State police department that deploys a work zone speed control system may use Internet sites and other media to notify the public regarding:
(1) The general use of work zone speed control systems; or
(2) The segments of highways where and the dates and times when, work zone speed control systems may be deployed.
B. A minimum of two signs approved by the State Highway Administration's Director of Traffic and Safety, alerting drivers to the possible operation of a work zone speed control system within the work zone shall be conspicuously placed in advance of each work zone speed control system. The positioning and spacing of these signs shall be as approved by the agency that maintains the highway on which the work zone is located.
C. A device clearly displaying the speeds of vehicles approaching the device shall be placed sufficiently in advance of each work zone speed control system to enable an alert driver traveling at a speed not more than 25 miles per hour in excess of the speed limit to safely reduce the vehicle's speed to the legal limit prior to the location where the vehicle's speed will be measured by the work zone speed control system. The positioning of the device displaying the speeds of approaching vehicles shall be as approved by the agency that maintains the highway on which the work zone is located.
D. A device that flashes when workers are present in the work zone shall be placed in advance of the first work zone speed control system in the work zone. The positioning of the device that flashes when workers are present shall be as approved by the agency that maintains the highway on which the work zone is located.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.05 adopted as an emergency provision effective October 1, 2009 (36:22 Md. R. 1721); adopted permanently effective January 14, 2010 (37:1 Md. R. 15)*
- *Administrative History: Regulation .01B amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .02E, F adopted effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .03B amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .03D adopted effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .04D amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Authority: Transportation Article, §21-810(m), Annotated Code of Maryland*
##### **COMAR 11.04.15.04** Training, Logs, and Calibration. {#sec-11.04.15.04 omnilex-key=us-md-regs-official--title-11--11.04.15.04}
A. Each local police department and State police department that deploys a work zone speed control system shall require that each of its operators complete all manufacturer's training required by Transportation Article, §21-810(b)(4), Annotated Code of Maryland, governing the set up, testing, and operation of the work zone speed control system. Each local police department and State police department that deploys a work zone speed control system shall maintain a registry and files documenting the training and certification of each of its certified work zone speed control system operators.
B. Each local police department and State police department that acquires a work zone speed control system shall:
(1) Obtain the initial and annual independent calibrations required by Transportation Article, §21-810(b)(6), Annotated Code of Maryland; and
(2) Maintain a file documenting the results of all calibration testing.
C. A work zone speed control system may not be used for enforcement purposes unless the agency deploying the system possesses the required initial and annual certificates from an independent laboratory that certifies that the system is properly calibrated.
D. A work zone speed control system operator shall complete the daily set-up log required by Transportation Article, §21-810(b)(5), Annotated Code of Maryland, that states:
(1) The date and time when and the location where the system was set up; and
(2) That the operator successfully performed, and the device passed, the manufacturer-specified self-tests before producing a recorded image.
E. The set-up log and these self-testing procedures under §D of this regulation shall be completed whenever the system is relocated and following each system start-up. A work zone speed control system may not be used for enforcement unless the operator has completed all required set-up logs, the system has passed all manufacturer-specified self-tests, and the system is operating properly.
F. A work zone speed control system may be used only to record the images of vehicles that are traveling at speeds at least 12 miles per hour above the posted speed limit in the work zone.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.05 adopted as an emergency provision effective October 1, 2009 (36:22 Md. R. 1721); adopted permanently effective January 14, 2010 (37:1 Md. R. 15)*
- *Administrative History: Regulation .01B amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .02E, F adopted effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .03B amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .03D adopted effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .04D amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Authority: Transportation Article, §21-810(m), Annotated Code of Maryland*
##### **COMAR 11.04.15.05** Processing of Images and Citations. {#sec-11.04.15.05 omnilex-key=us-md-regs-official--title-11--11.04.15.05}
A. Any local police department or State police department that deploys a work zone speed control system may utilize its civilian employees or contractor employees to perform an initial review of images for the purpose of eliminating those images upon which a citation will not be issued.
B. The statement in any citation required by Transportation Article, §21-810(d)(1), Annotated Code of Maryland, that based on inspection of recorded images the motor vehicle was being operated in violation of Transportation Article, Title 21, Subtitle 8, Annotated Code of Maryland, Speed Restrictions, shall be signed by a police officer employed by the local police department or State police department deploying the work zone speed control system.
C. The certification required by Transportation Article, §21-810(e)(1), Annotated Code of Maryland, alleging that based on inspection of recorded images produced by a work zone speed control system a violation Transportation Article, Title 21, Subtitle 8, Annotated Code of Maryland, Speed Restrictions, occurred and that the requirements of Transportation Article, §21-810(b), Annotated Code of Maryland, have been satisfied, shall be sworn to or affirmed by a police officer employed by the local police department or State police department deploying the work zone speed control system.
D. The owner or co-owners of a vehicle shall be established from records maintained by or accessible from the Motor Vehicle Administration, based on the registration plate information captured on an image. A single citation may be issued in the names of all persons listed as co-owners of a co-owned vehicle.
E. A local police department or State police department may void any citations that are incorrectly issued without the need for the person to whom the citation was issued to stand trial in District Court.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.05 adopted as an emergency provision effective October 1, 2009 (36:22 Md. R. 1721); adopted permanently effective January 14, 2010 (37:1 Md. R. 15)*
- *Administrative History: Regulation .01B amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .02E, F adopted effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .03B amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .03D adopted effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .04D amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Authority: Transportation Article, §21-810(m), Annotated Code of Maryland*
## **11.04.16** Mobile Seafood and Produce Vendors
##### **COMAR 11.04.16.01** Definitions. {#sec-11.04.16.01 omnilex-key=us-md-regs-official--title-11--11.04.16.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the State Highway Administration.
(2) “District” means one of the Administration’s seven operational offices located throughout the State.
(3) “Established place of business” means any permanent building or structure from which a permanent business is conducted during normal business hours throughout the year.
(4) “Mobile seafood or produce vendor” means a person who sells or offers for sale any seafood or produce:
(a) While on foot;
(b) From any vehicle or conveyance, whether or not the vehicle or conveyance is in operating condition; or
(c) From any tent, temporary stand, roadside stand, roadside market, or other quarters that is not an established place of business.
(5) “Produce” means any fruit or vegetable product of the soil that is intended for human consumption.
(6) “Produce” does not include a canned, frozen, dried, or pickled product.
(7) “Right–of–way” means any highway area or highway structure and any property adjacent to a highway acquired for the operation or use of the highway.
(8) “Seafood” means any finfish, crustacean, or mollusk, live or dead, or any part, egg, offspring, or body of any finfish, crustacean, or mollusk, that is intended for human consumption.
(9) “State highway” means any public highway owned by this State.
**History**
- *Administrative History: Effective date: April 18, 2011 (38:8 Md. R. 506)*
- *Authority: Transportation Article, §24-303(c), Annotated Code of Maryland*
##### **COMAR 11.04.16.02** Authorization and Site Qualifications. {#sec-11.04.16.02 omnilex-key=us-md-regs-official--title-11--11.04.16.02}
A. A mobile seafood or produce vendor may not be located within the right-of-way of any State highway, unless the mobile seafood or produce vendor has a lease from the Administration.
B. The Administration may not enter into a lease with a mobile seafood or produce vendor until:
(1) The mobile seafood or produce vendor has:
(a) Submitted a lease application to the appropriate District; and
(b) Paid in full all necessary application fees;
(2) The Administration has approved the lease application; and
(3) The Federal Highway Administration has approved the lease application for highways for which its approval is required.
**History**
- *Administrative History: Effective date: April 18, 2011 (38:8 Md. R. 506)*
- *Authority: Transportation Article, §24-303(c), Annotated Code of Maryland*
##### **COMAR 11.04.16.03** Application for Vendor Lease. {#sec-11.04.16.03 omnilex-key=us-md-regs-official--title-11--11.04.16.03}
A. An applicant for a mobile seafood or produce vendor lease shall submit an application in writing to the appropriate District. The addresses and phone numbers for the Districts may be found on the Administration’s website at www.roads.maryland.gov.
B. The applicant shall submit a non-refundable application fee that is determined by the Administration.
C. The Administration shall determine the period of time prior to the anticipated date of operations that an application is due.
D. The application shall include the following information:
(1) The mobile seafood or produce vendor’s name, contact information, tax ID and/or business ID number and the products to be offered for sale;
(2) A vicinity map showing the location of the proposed site;
(3) A detailed sketch showing the layout of the proposed site;
(4) A copy or verification of the County permit allowing the mobile seafood or produce vendor to operate within the jurisdiction;
(5) Proof of insurance in the amount of $1 million for each incident;
(6) Proof of a surety bond or other documentation acceptable to Administration in the amount of $5,000 that allows the Administration to recoup any costs associated with damages to the site; and
(7) Anticipated hours of operation within limits established by the Administration.
E. The Administration may not approve a lease application for a mobile seafood or produce vendor site that:
(1) Is located:
(a) On a highway with a posted speed limit of more than 45 miles per hour;
(b) On a highway with a posted speed limit of more than 35 miles per hour unless there is identified parking off the roadway and shoulder;
(c) On a controlled-access or partially controlled-access highway;
(d) On an Interstate highway; or
(e) On any bridge or overpass;
(2) Reduces sight distance along the highway; or
(3) Creates an unsafe condition as determined by the Administration.
**History**
- *Administrative History: Effective date: April 18, 2011 (38:8 Md. R. 506)*
- *Authority: Transportation Article, §24-303(c), Annotated Code of Maryland*
##### **COMAR 11.04.16.04** Vendor Lease. {#sec-11.04.16.04 omnilex-key=us-md-regs-official--title-11--11.04.16.04}
A. A mobile seafood or produce vendor lease shall be developed by the Administration.
B. The earliest effective date of a lease shall be May 1 of each year and, subject to §C of this regulation, may be renewed monthly for the length of the produce or seafood season.
C. No lease shall extend past November 30 of each year.
D. A mobile seafood or produce vendor lease shall require rent based on the fair-market value of the property on which the mobile seafood or produce vendor is located.
E. The Administration may terminate a lease immediately for any of the following reasons:
(1) Failure to comply with federal, State, or local laws;
(2) Failure to pay rent as indicated in the lease;
(3) Emergency or unforeseen roadway maintenance, construction, drainage or other work serving a public interest, as determined by the Administration, is needed;
(4) A substantial change in the characteristics of traffic in the vicinity of the site;
(5) Failure to submit to routine inspections or comply with findings of inspections;
(6) Failure to control litter or debris; or
(7) Failure to maintain site distance requirements.
**History**
- *Administrative History: Effective date: April 18, 2011 (38:8 Md. R. 506)*
- *Authority: Transportation Article, §24-303(c), Annotated Code of Maryland*
##### **COMAR 11.04.16.05** Inspections. {#sec-11.04.16.05 omnilex-key=us-md-regs-official--title-11--11.04.16.05}
A. Routine inspections may be conducted at any time by the Administration, a law enforcement agency, or a local health or labor agency.
B. If, for any reason, a routine inspection cites a mobile seafood or produce vendor with a violation of law or with noncompliance under the lease, the mobile seafood or produce vendor shall address all issues within one week or the lease shall be terminated.
**History**
- *Administrative History: Effective date: April 18, 2011 (38:8 Md. R. 506)*
- *Authority: Transportation Article, §24-303(c), Annotated Code of Maryland*
##### **COMAR 11.04.16.06** Enforcement. {#sec-11.04.16.06 omnilex-key=us-md-regs-official--title-11--11.04.16.06}
Enforcement of this chapter shall be conducted as specified under Transportation Article, §24-304, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: April 18, 2011 (38:8 Md. R. 506)*
- *Authority: Transportation Article, §24-303(c), Annotated Code of Maryland*
## **11.04.17** Heavy Weight Port Corridor Permit
##### **COMAR 11.04.17.01** Definitions. {#sec-11.04.17.01 omnilex-key=us-md-regs-official--title-11--11.04.17.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Maryland Department of Transportation State Highway Administration.
(2) “Containerized cargo” means manifested international freight in a sealed, seagoing container traveling between the Seagirt Marine Terminal and a destination determined by the Secretary in Regulation .04 of this chapter.
(3) “Police officer” has the meaning stated in Transportation Article, §24-111, Annotated Code of Maryland.
(4) “Truck tractor” has the meaning stated in Transportation Article, §11-172, Annotated Code of Maryland.
(5) “Unit” means the Hauling Permits Unit located within the Motor Carrier Division at the Maryland Department of Transportation State Highway Administration’s Office of Traffic and Safety.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted under new chapter, Heavy Weight Port Corridor Permit, as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); permanently adopted effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04A amended effective March 22, 2021 (48:6 Md. R. 238)*
- *Administrative History: Regulation .04A amended as an emergency provision effective April 10, 2025 (52:9 Md. R. 404); emergency status expired effective July 1, 2025*
- *Administrative History: Regulation .04A amended effective July 21, 2025 (52:14 Md. R. 713)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-202, 8-204(b)—(d) and (i), 24-109, 24-112, 24-113, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.17.02** Permits Available. {#sec-11.04.17.02 omnilex-key=us-md-regs-official--title-11--11.04.17.02}
A. Heavy Weight Port Corridor permits may be issued as specified in this chapter.
B. A person may move an indivisible load of containerized cargo under a Heavy Weight Port Corridor permit.
C. The general permit provisions for oversize and overweight vehicles in COMAR 11.04.11 and general conditions for movement of oversize and overweight vehicles in COMAR 11.04.02 apply except to the extent this chapter includes more specific governing provisions.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted under new chapter, Heavy Weight Port Corridor Permit, as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); permanently adopted effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04A amended effective March 22, 2021 (48:6 Md. R. 238)*
- *Administrative History: Regulation .04A amended as an emergency provision effective April 10, 2025 (52:9 Md. R. 404); emergency status expired effective July 1, 2025*
- *Administrative History: Regulation .04A amended effective July 21, 2025 (52:14 Md. R. 713)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-202, 8-204(b)—(d) and (i), 24-109, 24-112, 24-113, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.17.03** Determination of Vehicle Eligibility. {#sec-11.04.17.03 omnilex-key=us-md-regs-official--title-11--11.04.17.03}
A. A six-axle truck tractor-intermodal semitrailer combination of vehicles carrying manifested international freight as the only load of the vehicle in a single sealed, seagoing container may be eligible if the vehicle does not exceed the following maximum weight and axle spacing limits:
(1) 22,400 pounds on a single axle;
(2) 44,000 pounds on two consecutive axles at least 4 feet apart;
(3) 60,000 pounds on a tri-axle configuration more than 8 feet apart between the first and last axles of the grouping; and
(4) A total gross weight of 100,000 pounds for the vehicle and load.
B. Tire manufacturer ratings may not be exceeded.
C. The intermodal trailer chassis shall have a distance of no less than 36 feet when measured from the kingpin to the center of the rearmost trailer axle.
D. No load tolerance for gross weight or axle weights shall be applied.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted under new chapter, Heavy Weight Port Corridor Permit, as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); permanently adopted effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04A amended effective March 22, 2021 (48:6 Md. R. 238)*
- *Administrative History: Regulation .04A amended as an emergency provision effective April 10, 2025 (52:9 Md. R. 404); emergency status expired effective July 1, 2025*
- *Administrative History: Regulation .04A amended effective July 21, 2025 (52:14 Md. R. 713)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-202, 8-204(b)—(d) and (i), 24-109, 24-112, 24-113, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.17.04** Routes of Travel. {#sec-11.04.17.04 omnilex-key=us-md-regs-official--title-11--11.04.17.04}
A. Heavy Weight Port Corridor permits may be issued for the following routes without deviation:
(1) Between Seagirt Marine Terminal and Tradepoint Atlantic.
(a) Primary Route.
(i) From Seagirt Marine Terminal — Seagirt Marine Terminal to right on Broening Highway (Baltimore City), continue on Broening Highway (MD 695 continued) to inner loop I-695 (south) Francis Scott Key toll plaza, Francis Scott Key toll plaza to Loop Road under Francis Scott Key Bridge, Loop Road to outer loop I-695 (north), continue on I-695 (north) to Exit 43 MD 158 Bethlehem Boulevard, left on Bethlehem Boulevard to right on MD 151 North Point Boulevard, North Point Boulevard to Sparrows Point Road (MD 151 continued) to Tradepoint Atlantic complex.
(ii) From Tradepoint Atlantic — Tradepoint Atlantic to left on Sparrows Point Boulevard (MD 151) to North Point Boulevard (MD 151 continued), to left on Bethlehem Boulevard (MD 158), to right on Peninsula Expressway (MD 157), to slip road toward I-695 (south) Francis Scott Key toll plaza, Francis Scott Key toll plaza to Loop Road under Francis Scott Key Bridge, Loop Road to outer loop I-695 (north), to Exit 44 MD 695 Broening Highway, to left on Broening Highway (MD 695), continue on Broening Highway (Baltimore City), to left into Seagirt Marine Terminal.
(b) Alternate Broening Highway Route.
(i) From Seagirt Marine Terminal — Seagirt Marine Terminal crossing inter-connector bridge to Dundalk Marine Terminal, Dundalk Marine Terminal right on MD 695 Broening Highway to inner loop I-695 (south) Francis Scott Key toll plaza, Francis Scott Key toll plaza to Loop Road under Francis Scott Key Bridge, Loop Road to outer loop I-695 (north), continue on I-695 (north) to Exit 43 MD 158 Bethlehem Boulevard, left on Bethlehem Boulevard to right on MD 151 North Point Boulevard, North Point Boulevard to Sparrows Point Road (MD 151 continued) to Tradepoint Atlantic complex.
(ii) From Tradepoint Atlantic — Tradepoint Atlantic to left on Sparrows Point Boulevard (MD 151) to North Point Boulevard (MD 151 continued), to left on Bethlehem Boulevard (MD 158), to right on Peninsula Expressway (MD 157), to slip road toward I-695 (South) Francis Scott Key toll plaza, Francis Scott Key toll plaza to Loop Road under Francis Scott Key Bridge, Loop Road to outer loop I-695 (North), to Exit 44 MD 695 Broening Highway, to left on Broening Highway (MD 695), to left Dundalk Marine Terminal, Dundalk Marine Terminal crossing inter-connector bridge to Seagirt Marine Terminal.
(c) Second Alternate Broening Highway Route.
(i) From Seagirt Marine Terminal—Seagirt Marine Terminal to left on Broening Highway to Keith Avenue, to I-95 (north), to I-695 to Exit 42 MD 151 North Point Boulevard, North Point Boulevard to Sparrows Point Road (MD 151 continued) to Tradepoint Atlantic complex.
(ii) From Tradepoint Atlantic—Tradepoint Atlantic to right onto Sparrows Point Boulevard (MD 151), to North Point Boulevard (MD 151 continued), to I-695 Outer Loop (north), to I-95 South Exit 11B, to Exit 56 Keith Avenue, left onto Keith Avenue to Broening Highway right into Seagirt Marine Terminal.
(2) Between Seagirt Marine Terminal and Belts Centralized Examination Station Facility/U.S. Customs Inspection.
(a) From Seagirt Marine Terminal — Seagirt Marine Terminal to left on Broening Highway, Broening Highway to right on Holabird Avenue, Holabird Avenue to left on Dundalk Avenue, Dundalk Avenue to left on Folcroft Street to Belts Centralized Examination Station Facility.
(b) From Belts Centralized Examination Station Facility — Belts Centralized Examination Station Facility to Folcroft Street, Folcroft Street to right on Dundalk Avenue, Dundalk Avenue to right on Holabird Avenue, Holabird Avenue to left on Broening Highway, Broening Highway to Seagirt Marine Terminal.
(3) Between Seagirt Marine Terminal and Tradepoint Atlantic with Stop at Belts Centralized Examination Station Facility/U.S. Customs Inspection.
(a) From Seagirt Marine Terminal — From Seagirt Marine Terminal to Belts Centralized Examination Station Facility, as described in §A(2)(a) of this regulation, from Belts Centralized Examination Station Facility to Seagirt Marine Terminal, as described in §A(2)(b) of this regulation, from Seagirt Marine Terminal to Tradepoint Atlantic, as described in §A(1)(a)(i) or (b)(i) of this regulation.
(b) From Tradepoint Atlantic — From Tradepoint Atlantic to Seagirt Marine Terminal, as described in §A(1)(a)(ii) or (b)(ii) of this regulation, from Seagirt Marine Terminal to Belts Centralized Examination Station Facility, as described in §A(2)(a) of this regulation, from Belts Centralized Examination Station Facility to Seagirt Marine Terminal, as described in §A(2)(b) of this regulation.
(4) Between Seagirt Marine Terminal and Ace Logistics.
(a) From Seagirt Marine Terminal — Seagirt Marine Terminal to left on Broening Highway, Broening Highway to left on Holabird Avenue, Holabird Avenue to Ace Logistics.
(b) From Ace Logistics — Ace Logistics to left on Holabird Avenue, Holabird Avenue to right on Broening Highway, Broening Highway to Seagirt Marine Terminal.
(5) Between Seagirt Marine Terminal and Tradepoint Atlantic with Stop at Ace Logistics.
(a) From Seagirt Marine Terminal — From Seagirt Marine Terminal to Ace Logistics, as described in §A(4)(a) of this regulation, from Ace Logistics to Seagirt Marine Terminal, as described in §A(4)(b) of this regulation, from Seagirt Marine Terminal to Tradepoint Atlantic, as described in §A(1)(a)(i) or (b)(i) of this regulation.
(b) From Tradepoint Atlantic — From Tradepoint Atlantic to Seagirt Marine Terminal, as described in §A(1)(a)(ii) or (b)(ii) of this regulation, from Seagirt Marine Terminal to Ace Logistics, as described in §A(4)(a) of this regulation, from Ace Logistics to Seagirt Marine Terminal, as described in §A(4)(b) of this regulation.
(6) Between Seagirt Marine Terminal and Tradepoint Atlantic with Stop at Ace Logistics and Stop at Belts Centralized Examination State Facility/U.S. Customs Inspection.
(a) From Seagirt Marine Terminal — From Seagirt Marine Terminal to Ace Logistics, as described in §A(4)(a) of this regulation, from Ace Logistics to left on Holabird Avenue, Holabird Avenue to left on Dundalk Avenue, Dundalk Avenue to left on Folcroft Street, Folcroft Street to Belts Centralized Examination Station Facility, from Belts Centralized Examination Station Facility to Tradepoint Atlantic, from Belts Centralized Examination Station Facility to Seagirt Marine Terminal, as described in §A(2)(b) of this regulation, from Seagirt Marine Terminal to Tradepoint Atlantic, as described in §A(1)(a)(i) or (b)(i) of this regulation.
(b) From Tradepoint Atlantic — From Tradepoint Atlantic to Seagirt Marine Terminal, as described in §A(1)(a)(ii) or (b)(ii) of this regulation, from Seagirt Marine Terminal to Ace Logistics, as described in §A(4)(a) of this regulation, from Ace Logistics to Belts Centralized Examination Station Facility, from Ace Logistics to left on Holabird Avenue, Holabird Avenue to left on Dundalk Avenue, Dundalk Avenue to left on Folcroft Street, Folcroft Street to Belts Centralized Examination Station Facility, from Belts Centralized Examination to Seagirt Marine Terminal, as described in §A(2)(b) of this regulation.
B. The Secretary may rescind use of any authorized Heavy Weight Port Corridor route for reasons of safety, infrastructure preservation, or adverse community impact.
**Cross References**
11.04.17.01B(2)
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted under new chapter, Heavy Weight Port Corridor Permit, as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); permanently adopted effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04A amended effective March 22, 2021 (48:6 Md. R. 238)*
- *Administrative History: Regulation .04A amended as an emergency provision effective April 10, 2025 (52:9 Md. R. 404); emergency status expired effective July 1, 2025*
- *Administrative History: Regulation .04A amended effective July 21, 2025 (52:14 Md. R. 713)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-202, 8-204(b)—(d) and (i), 24-109, 24-112, 24-113, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.17.05** Authority to Issue Permit. {#sec-11.04.17.05 omnilex-key=us-md-regs-official--title-11--11.04.17.05}
The Unit may issue permits to allow the movement of overweight vehicles with an indivisible load of containerized cargo as specified in this chapter.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted under new chapter, Heavy Weight Port Corridor Permit, as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); permanently adopted effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04A amended effective March 22, 2021 (48:6 Md. R. 238)*
- *Administrative History: Regulation .04A amended as an emergency provision effective April 10, 2025 (52:9 Md. R. 404); emergency status expired effective July 1, 2025*
- *Administrative History: Regulation .04A amended effective July 21, 2025 (52:14 Md. R. 713)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-202, 8-204(b)—(d) and (i), 24-109, 24-112, 24-113, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.17.06** Procedures. {#sec-11.04.17.06 omnilex-key=us-md-regs-official--title-11--11.04.17.06}
A. To obtain a Heavy Weight Port Corridor permit, the applicant shall submit, directly to the Unit, a completed application on a form and in a manner prescribed by the Unit. The applicant shall allow 5 working days for processing the permit request.
B. The Unit may issue a Heavy Weight Port Corridor permit that is valid for 1 year.
C. The Unit shall issue the permit for the truck tractor listed in the application.
D. The permittee shall read the permit upon receipt and be familiar with all terms and conditions.
E. The permittee or user of a Heavy Weight Port Corridor permit shall carry the original (not a copy) of the permit on the overweight vehicle when moving the vehicle on a highway in the State.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted under new chapter, Heavy Weight Port Corridor Permit, as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); permanently adopted effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04A amended effective March 22, 2021 (48:6 Md. R. 238)*
- *Administrative History: Regulation .04A amended as an emergency provision effective April 10, 2025 (52:9 Md. R. 404); emergency status expired effective July 1, 2025*
- *Administrative History: Regulation .04A amended effective July 21, 2025 (52:14 Md. R. 713)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-202, 8-204(b)—(d) and (i), 24-109, 24-112, 24-113, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.17.07** Fees. {#sec-11.04.17.07 omnilex-key=us-md-regs-official--title-11--11.04.17.07}
A Heavy Weight Port Corridor permit issued for a truck tractor under this chapter shall be valid for a period of 1 year from date of issue at a nonrefundable cost of $500 each.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted under new chapter, Heavy Weight Port Corridor Permit, as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); permanently adopted effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04A amended effective March 22, 2021 (48:6 Md. R. 238)*
- *Administrative History: Regulation .04A amended as an emergency provision effective April 10, 2025 (52:9 Md. R. 404); emergency status expired effective July 1, 2025*
- *Administrative History: Regulation .04A amended effective July 21, 2025 (52:14 Md. R. 713)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-202, 8-204(b)—(d) and (i), 24-109, 24-112, 24-113, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.17.08** Miscellaneous Conditions. {#sec-11.04.17.08 omnilex-key=us-md-regs-official--title-11--11.04.17.08}
A. The original permit issued shall be presented by the driver immediately upon demand of a police officer or members of the Unit.
B. The permit vehicle and load may not exceed the vehicle limits for size allowed by Transportation Article, Title 24, Annotated Code of Maryland, except those weight limits from which the permit authorizes departure.
C. Documentation to verify that cargo is manifested international freight shall be presented upon demand of a police officer or member of the Unit.
D. The permit vehicle shall adhere to the maximum speed limit specified on the permit.
E. Travel is permitted only on the designated route. No deviations from the designated route are permitted.
F. Travel upon culverts, bridges, or other structures in violation of a sign posted vehicle weight restriction is prohibited.
G. Continuous travel is allowed except for designated holiday restriction periods or as otherwise determined by the Unit.
H. The permit vehicle may travel permitted routes on a 24-hour basis unless the permit restricts the hours of travel.
I. A permittee shall comply with all restrictions attached to the permit as well as any hauling permit restrictions posted on the Motor Carrier Division and CHART websites found at www.marylandroads.com. It is the responsibility of the permittee to review these websites for current hauling permit restrictions prior to any move being made under authority of this permit.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted under new chapter, Heavy Weight Port Corridor Permit, as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); permanently adopted effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04A amended effective March 22, 2021 (48:6 Md. R. 238)*
- *Administrative History: Regulation .04A amended as an emergency provision effective April 10, 2025 (52:9 Md. R. 404); emergency status expired effective July 1, 2025*
- *Administrative History: Regulation .04A amended effective July 21, 2025 (52:14 Md. R. 713)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-202, 8-204(b)—(d) and (i), 24-109, 24-112, 24-113, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.17.09** Violation of Permit. {#sec-11.04.17.09 omnilex-key=us-md-regs-official--title-11--11.04.17.09}
A. The Unit determines initially all violations of this chapter or the terms of a permit.
B. If the Unit determines that there has been a violation, it shall notify the permittee by certified mail of the specific violations, of a period of suspension, of a revocation, and of the opportunity for appeal and to be heard.
C. The permittee has 7 business days from receipt of the written notice of violation to file a written appeal with the Director, Office of Traffic and Safety, Maryland Department of Transportation State Highway Administration. An appeal will not be accepted unless it is in writing and filed within the prescribed time limit.
D. If an appeal is filed, the Director shall review the entire record relating to the violation charged. If the appellant specifically requests a hearing, the Director shall grant a hearing. If the appellant fails to appear at the hearing, the Director may proceed with a review of the record.
E. After reviewing the record and any evidence submitted at a hearing, the Director shall affirm, amend, or reverse the findings of the Unit.
F. The decision of the Director is the final decision of the Maryland Department of Transportation State Highway Administration.
G. The permittee or user shall comply with the vehicle laws of Maryland, except those weight limits from which the permit authorizes departure, and with all terms and conditions of the permit and this chapter. Failure to comply shall void the permit and subject the permittee or user to the full assessment of fines under Transportation Article, §24-401, Annotated Code of Maryland.
H. A weight violation in excess of 5,000 pounds over any allowable Heavy Weight Port Corridor permit weight shall cause the permit to be immediately confiscated by the police officer or member of the Unit and subject the load to immediate reduction and compliance with weight provisions of Transportation Article, Title 24, Annotated Code of Maryland.
I. Confiscation.
(1) Heavy Weight Port Corridor permits confiscated under §H of this regulation shall be returned by the police officer to the Unit.
(2) A permittee whose Heavy Weight Port Corridor permit has been confiscated may submit an application to the Unit for a replacement permit and pay one of the following fees:
(a) $1,000 for an initial confiscated permit replacement; or
(b) $5,000 for a second or subsequent confiscated permit replacement.
(3) Heavy Weight Port Corridor confiscated permit replacement costs are nonrefundable.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted under new chapter, Heavy Weight Port Corridor Permit, as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); permanently adopted effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04A amended effective March 22, 2021 (48:6 Md. R. 238)*
- *Administrative History: Regulation .04A amended as an emergency provision effective April 10, 2025 (52:9 Md. R. 404); emergency status expired effective July 1, 2025*
- *Administrative History: Regulation .04A amended effective July 21, 2025 (52:14 Md. R. 713)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-202, 8-204(b)—(d) and (i), 24-109, 24-112, 24-113, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.17.10** Suspension. {#sec-11.04.17.10 omnilex-key=us-md-regs-official--title-11--11.04.17.10}
A. If a permittee has violated this chapter or the terms of any permit two times within a 6-month period, the Unit may suspend for 30 days the permittee from use of all Heavy Weight Port Corridor permits issued and outstanding.
B. If a permittee has violated this chapter or the terms of any permit three times within a 12-month period, the Unit may suspend for 60 days the permittee from use of all Heavy Weight Port Corridor permits issued and outstanding.
C. If a permittee has violated this chapter or the terms of any permit more than three times within a 12-month period, the Unit may revoke permanently the permittee from use of any Heavy Weight Port Corridor permit.
D. If the Unit determines that suspension or revocation is appropriate, it shall notify the permittee by certified mail and of the opportunity for appeal and to be heard.
E. The permittee has 7 business days from receipt of the written notice of violation to file a written appeal with the Director, Office of Traffic and Safety, Maryland Department of Transportation State Highway Administration. An appeal will not be accepted unless it is in writing and filed within the prescribed time limit.
F. If an appeal is filed, the Director shall review the entire record relating to the violation charged. If the appellant specifically requests a hearing, the Director shall grant a hearing. If the appellant fails to appear at the hearing, the Director may proceed with a review of the record.
G. After reviewing the record and any evidence submitted at a hearing, the Director shall affirm, amend, or reverse the findings of the Unit.
H. The decision of the Director is the final decision of the Maryland Department of Transportation State Highway Administration.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted under new chapter, Heavy Weight Port Corridor Permit, as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); permanently adopted effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04A amended effective March 22, 2021 (48:6 Md. R. 238)*
- *Administrative History: Regulation .04A amended as an emergency provision effective April 10, 2025 (52:9 Md. R. 404); emergency status expired effective July 1, 2025*
- *Administrative History: Regulation .04A amended effective July 21, 2025 (52:14 Md. R. 713)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-202, 8-204(b)—(d) and (i), 24-109, 24-112, 24-113, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.17.11** False Statement in Permit Application. {#sec-11.04.17.11 omnilex-key=us-md-regs-official--title-11--11.04.17.11}
A. If an application for a Heavy Weight Port Corridor permit contains a false statement of a material fact, the Unit may deny that permit and any future permits to the permittee.
B. If the Unit determines that an application contains a false statement of a material fact, the Unit shall notify the permittee by certified mail of its determination, the status of suspension from future permits, the duration of the suspension, and the opportunity for appeal and to be heard.
C. The permittee has 7 business days from receipt of the written notice of violation to file a written appeal to the Director, Office of Traffic and Safety, Maryland Department of Transportation State Highway Administration. Only a written appeal filed within the time specified shall be accepted.
D. If an appeal is filed, the Director shall review the entire record relating to any violation charged. If the appellant specifically requests a hearing, the Director shall grant a hearing. If the appellant fails to appear the hearing, the Director may proceed with a review of the record.
E. After reviewing the record and any evidence submitted at any hearing, the Director shall affirm, amend, or reverse the decision of the Unit.
F. The decision of the Director, Office of Traffic and Safety, is the final decision of the Maryland Department of Transportation State Highway Administration.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted under new chapter, Heavy Weight Port Corridor Permit, as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); permanently adopted effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04A amended effective March 22, 2021 (48:6 Md. R. 238)*
- *Administrative History: Regulation .04A amended as an emergency provision effective April 10, 2025 (52:9 Md. R. 404); emergency status expired effective July 1, 2025*
- *Administrative History: Regulation .04A amended effective July 21, 2025 (52:14 Md. R. 713)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-202, 8-204(b)—(d) and (i), 24-109, 24-112, 24-113, and 24-113.3, Annotated Code of Maryland*
##### **COMAR 11.04.17.12** Costs and Damages for Which Permittee Is Responsible. {#sec-11.04.17.12 omnilex-key=us-md-regs-official--title-11--11.04.17.12}
A. The permittee is responsible for payment of all damage that the vehicle causes, either directly or indirectly, to any road surface, bridge, sign, or other structure, whether maintained by the Administration or by another entity, and the cost of any additional expense incurred by the Administration in connection with the permit or the movement authorized by the permit.
B. The Administration shall repair or correct all damage caused to any property owned by or maintained by it and shall collect the expense of the repairs or corrections from the permittee. This includes but is not limited to road surfaces, approaches, embankments, drainage areas, ditches, bridges, signs, structures of any kind, and other property not specifically listed.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.12 adopted under new chapter, Heavy Weight Port Corridor Permit, as an emergency provision effective October 25, 2019 (46:24 Md. R. 1100); permanently adopted effective April 20, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04A amended effective March 22, 2021 (48:6 Md. R. 238)*
- *Administrative History: Regulation .04A amended as an emergency provision effective April 10, 2025 (52:9 Md. R. 404); emergency status expired effective July 1, 2025*
- *Administrative History: Regulation .04A amended effective July 21, 2025 (52:14 Md. R. 713)*
- *Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f), 8-202, 8-204(b)—(d) and (i), 24-109, 24-112, 24-113, and 24-113.3, Annotated Code of Maryland*
## **11.04.18** Joint Trenching of Broadband
##### **COMAR 11.04.18.01** Definitions. {#sec-11.04.18.01 omnilex-key=us-md-regs-official--title-11--11.04.18.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Broadband provider” means a telecommunications entity deploying broadband-related infrastructure such as conduit, fiber, or similar infrastructure.
(2) “Department” means the Department of Transportation, including the State Highway Administration, the Maryland Transportation Authority, and the Maryland Transit Administration.
(3) “Joint trenching” means the Department or a local government laying or installing conduit, fiber, or similar infrastructure concurrently with one or more broadband providers.
(4) Trenching.
(a) “Trenching” means a governmental construction project in which a highway right-of-way surface is opened or removed for the purpose of laying or installing conduit, fiber, or similar infrastructure for but not limited to broadband deployment in excess of 1 mile in length.
(b) “Trenching” does not include a project for construction or maintenance of a highway facility, including drainage or culvert work.
**History**
- *Administrative History: Effective date: June 27, 2022 (49:16 Md. R. 688)*
- *Authority: Transportation Article, §8-654(e), Annotated Code of Maryland*
##### **COMAR 11.04.18.02** Applicability. {#sec-11.04.18.02 omnilex-key=us-md-regs-official--title-11--11.04.18.02}
This chapter applies to the Department and local governments that are located outside of the Washington Suburban Sanitary District.
**History**
- *Administrative History: Effective date: June 27, 2022 (49:16 Md. R. 688)*
- *Authority: Transportation Article, §8-654(e), Annotated Code of Maryland*
##### **COMAR 11.04.18.03** Procedures for Joint Trenching. {#sec-11.04.18.03 omnilex-key=us-md-regs-official--title-11--11.04.18.03}
A. The Department shall maintain a list of broadband providers interested in joint trenching under this chapter on an opt-in basis via email to [email protected].
B. As soon as is practicable once a local government’s trenching project plans are determined, a local government shall provide the location, scope, and nature of any trenching opportunity under this chapter to the Department for notification to interested broadband providers. Notice to the Department shall be sent via email to [email protected].
C. The Department shall notify the list of broadband providers maintained by the Department of any eligible joint trenching opportunity under this chapter and include the date by which the broadband provider must express interest in participating in the trenching project. To express their interest in participation, broadband providers shall send an email to [email protected]. The Department shall provide necessary information for an interested broadband provider to apply for necessary permits or approvals from the Department or, in the case of a local government project, a point of contact within the local government to proceed with necessary permits or approvals.
D. A broadband provider shall comply with any other requirements of the Department or local government that would otherwise apply independent of joint trenching.
**History**
- *Administrative History: Effective date: June 27, 2022 (49:16 Md. R. 688)*
- *Authority: Transportation Article, §8-654(e), Annotated Code of Maryland*
## **11.04.19** Vehicle Equipment—Portable Variable Messaging Signs—Authorization
##### **COMAR 11.04.19.01** Definitions. {#sec-11.04.19.01 omnilex-key=us-md-regs-official--title-11--11.04.19.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined:
(1) “MdMUTCD” means the Maryland Manual on Uniform Traffic Control Devices for Streets and Highways adopted in Transportation Article, §25-104, Annotated Code of Maryland.
(2) “Portable variable messaging sign”, also referred to as a “portable changeable message sign” in the MdMUTCD, means a sign that is capable of displaying more than one message, of which one message may be a blank display, and that is changeable manually, by remote control, or by automatic control.
(3) “Tow truck” has the meaning stated in Transportation Article, §13-920, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: March 16, 2026 (53:5 Md. R. 244)*
- *Authority: Transportation Article, §§ 22–218(c)(7) and 22–218.2(a), Annotated Code of Maryland*
##### **COMAR 11.04.19.02** Tow Truck-mounted Portable Variable Messaging Signs. {#sec-11.04.19.02 omnilex-key=us-md-regs-official--title-11--11.04.19.02}
All tow truck-mounted portable variable messaging signs shall be:
A. Permanently affixed to a tow truck;
B. Installed at a height of at least 7 feet measured from the surface of the roadway to the bottom of the sign; and
C. In conformance with the requirements of the MdMUTCD.
**History**
- *Administrative History: Effective date: March 16, 2026 (53:5 Md. R. 244)*
- *Authority: Transportation Article, §§ 22–218(c)(7) and 22–218.2(a), Annotated Code of Maryland*
##### **COMAR 11.04.19.03** Message Display. {#sec-11.04.19.03 omnilex-key=us-md-regs-official--title-11--11.04.19.03}
A. A message may be displayed only while at the scene of a crash or a disabled vehicle.
B. The message that may be displayed is “SLOW DOWN”, displayed as two lines in all upper-case letters.
C. Any tow truck-mounted portable variable messaging sign shall only display static text that:
(1) Is colored yellow or amber, on an opaque black background;
(2) Is one consistent letter height of at least 10 inches; and
(3) Contains words within which the letter spacing is between 25 and 40 percent of the letter height.
D. The vertical spacing between the lines of text shall be between 50 and 75 percent of the letter height.
E. The message shall not include animation, flashing, dissolving, exploding, scrolling, or other dynamic display elements.
**History**
- *Administrative History: Effective date: March 16, 2026 (53:5 Md. R. 244)*
- *Authority: Transportation Article, §§ 22–218(c)(7) and 22–218.2(a), Annotated Code of Maryland*
## **11.05.01** Open Meetings
##### **COMAR 11.05.01.01** General. {#sec-11.05.01.01 omnilex-key=us-md-regs-official--title-11--11.05.01.01}
This chapter contains procedures regarding the conduct of persons attending open meetings, and the recording and broadcasting of open meetings.
**History**
- *Administrative History: Effective date: July 7, 1976 (3:14 Md. R. 750)*
- *Administrative History: Chapter, Promulgation and Adoption of Regulations, Petitions for Adoption of Regulations and Petitions for Declaratory Rulings, repealed effective March 20, 1981 (8:6 Md. R. 562)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06, Open Meetings, adopted effective July 5, 1993 (20:13 Md. R. 1050)*
- *Authority: Transportation Article, §6-201; State Government Article, §10-507; Annotated Code of Maryland*
##### **COMAR 11.05.01.02** Definitions. {#sec-11.05.01.02 omnilex-key=us-md-regs-official--title-11--11.05.01.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Maryland Port Administration.
(2) “Commission” means the Maryland Port Commission.
(3) “Open Session” means any meeting of the Commission or the Administration required to be open to the public pursuant to the Open Meetings Act, State Government Article, Title 10, Subtitle 5, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: July 7, 1976 (3:14 Md. R. 750)*
- *Administrative History: Chapter, Promulgation and Adoption of Regulations, Petitions for Adoption of Regulations and Petitions for Declaratory Rulings, repealed effective March 20, 1981 (8:6 Md. R. 562)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06, Open Meetings, adopted effective July 5, 1993 (20:13 Md. R. 1050)*
- *Authority: Transportation Article, §6-201; State Government Article, §10-507; Annotated Code of Maryland*
##### **COMAR 11.05.01.03** Public Attendance. {#sec-11.05.01.03 omnilex-key=us-md-regs-official--title-11--11.05.01.03}
A. The general public is invited to attend and observe any open session of the Commission or the Administration.
B. Except in instances when the Commission or the Administration expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the public attending an open session may not participate in the session.
**History**
- *Administrative History: Effective date: July 7, 1976 (3:14 Md. R. 750)*
- *Administrative History: Chapter, Promulgation and Adoption of Regulations, Petitions for Adoption of Regulations and Petitions for Declaratory Rulings, repealed effective March 20, 1981 (8:6 Md. R. 562)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06, Open Meetings, adopted effective July 5, 1993 (20:13 Md. R. 1050)*
- *Authority: Transportation Article, §6-201; State Government Article, §10-507; Annotated Code of Maryland*
##### **COMAR 11.05.01.04** Disruptive Conduct. {#sec-11.05.01.04 omnilex-key=us-md-regs-official--title-11--11.05.01.04}
A. An individual attending an open session of the Commission or the Administration may not engage in any conduct, including but not limited to visual demonstrations such as the display of placards, signs, or banners, that disrupts the session or interferes with the right of members of the public to attend and observe the session.
B. The presiding officer may:
(1) Order any person who engages in conduct prohibited by §A of this regulation or who violates any other regulation concerning the conduct of the open session to be removed from the session;
(2) Request police or other assistance to restore order; and
(3) Recess the open session while order is restored.
**History**
- *Administrative History: Effective date: July 7, 1976 (3:14 Md. R. 750)*
- *Administrative History: Chapter, Promulgation and Adoption of Regulations, Petitions for Adoption of Regulations and Petitions for Declaratory Rulings, repealed effective March 20, 1981 (8:6 Md. R. 562)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06, Open Meetings, adopted effective July 5, 1993 (20:13 Md. R. 1050)*
- *Authority: Transportation Article, §6-201; State Government Article, §10-507; Annotated Code of Maryland*
##### **COMAR 11.05.01.05** Recording, Photocopying, and Broadcasting of Open Sessions. {#sec-11.05.01.05 omnilex-key=us-md-regs-official--title-11--11.05.01.05}
A. A member of the public, including any representative of the news media, may:
(1) Record discussions of the Commission or the Administration at an open session by means of a tape recorder or other recording device if the device does not create noise that disturbs members of the Commission, the Administration, or others attending the open session.
(2) Photograph or videotape the proceedings of the Commission or the Administration at an open session if the camera is operated without excessively bright artificial light or noise that disturbs members of the Commission, the Administration, or others attending the open session.
B. A representative of the news media may broadcast or televise the proceedings of the Commission or the Administration at an open session if the equipment used:
(1) Is operated without excessively bright artificial light that disturbs members of the Commission, the Administration, or others attending the open session; and
(2) Does not create noise that disturbs members of the Commission, the Administration, or others attending the open session.
C. The presiding officer may restrict the movement of a person who is using a recording device, camera, or broadcasting or televising equipment if such restriction is necessary to maintain the orderly conduct of the open session.
**History**
- *Administrative History: Effective date: July 7, 1976 (3:14 Md. R. 750)*
- *Administrative History: Chapter, Promulgation and Adoption of Regulations, Petitions for Adoption of Regulations and Petitions for Declaratory Rulings, repealed effective March 20, 1981 (8:6 Md. R. 562)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06, Open Meetings, adopted effective July 5, 1993 (20:13 Md. R. 1050)*
- *Authority: Transportation Article, §6-201; State Government Article, §10-507; Annotated Code of Maryland*
##### **COMAR 11.05.01.06** Recordings Not Part of Record. {#sec-11.05.01.06 omnilex-key=us-md-regs-official--title-11--11.05.01.06}
A recording of an open session made by a member of the public, including a representative of the news media, or any transcript derived from a recording, is not a part of the record of any proceeding of the open session.
**History**
- *Administrative History: Effective date: July 7, 1976 (3:14 Md. R. 750)*
- *Administrative History: Chapter, Promulgation and Adoption of Regulations, Petitions for Adoption of Regulations and Petitions for Declaratory Rulings, repealed effective March 20, 1981 (8:6 Md. R. 562)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06, Open Meetings, adopted effective July 5, 1993 (20:13 Md. R. 1050)*
- *Authority: Transportation Article, §6-201; State Government Article, §10-507; Annotated Code of Maryland*
## **11.05.02** Hazardous Materials
##### **COMAR 11.05.02.01** Scope. {#sec-11.05.02.01 omnilex-key=us-md-regs-official--title-11--11.05.02.01}
This chapter applies to persons at all Maryland Port Administration (MPA) port facilities and to the land and water carriers using these port facilities.
**History**
- *Administrative History: Effective date: June 11, 1975 (2:13 Md. R. 930)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 1, 1980 (7:19 Md. R. 1807)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 28, 1995 (22:17 Md. R. 1320)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201, 6-202, 6-206, and 6-602, Annotated Code of Maryland*
##### **COMAR 11.05.02.02** Definitions. {#sec-11.05.02.02 omnilex-key=us-md-regs-official--title-11--11.05.02.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “CFR” means the Code of Federal Regulations.
(2) “Citation” means a charging document:
(a) Issued by an authorized member of the Maryland Transportation Authority (MdTA) Police, which specifies the offense for which the person stands accused; and
(b) Which is in the following form:
(i) For the purpose of traffic offenses under Transportation Article, §6-211, Annotated Code of Maryland, the Uniform Traffic Summons or Citation form is sufficient, when properly completed; or
(ii) For the purpose of any other offense, the MdTA Police's standard citation form is sufficient, when properly completed.
(3) “Commodities requiring notification” means those hazardous materials which can be introduced into the Port without a specific permit, including those shipments in the waterborne mode.
(4) “Commodities requiring permits” means hazardous materials which present a high risk to the safety of persons or property at MPA port facilities, including those shipments in the waterborne mode.
(5) “Director of Security” means the MPA official in charge of security at the Maryland Port Administration.
(6) “Executive Director” means the Executive Director of the Maryland Port Administration.
(7) Fissile Material.
(a) “Fissile material” means (as defined in 49 CFR §173.403) plutonium 238, 239, or 241, or uranium 233 or 235, or any combination of these radionuclides.
(b) “Fissile material” does not mean:
(i) Material containing fissile nuclides;
(ii) Unirradiated natural uranium and unirradiated depleted uranium;
(iii) Natural uranium or depleted uranium that has been irradiated in thermal uranium;
(iv) Depleted uranium that has been irradiated in thermal reactors only; or
(v) Material listed in 49 CFR §173.453.
(8) “Hazardous material” means a substance or material including a hazardous substance which has been designated by the United States Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce.
(9) “Hazardous materials incident” means:
(a) An actual release of hazardous materials from the packaging or containment used for its transport or storage;
(b) The imminent danger of an actual release of hazardous materials from the packaging or containment used for its transport or storage; or
(c) The imminent danger of injury to persons or property due to the method of transportation or the place of storage of hazardous materials.
(10) “IMDG Code” means the International Maritime Dangerous Goods Code.
(11) “Introduce in the Port” means the transporting, handling, storing, off-loading from, or loading on to a vessel, or having on board a vessel as cargo or via any means of transportation causing to be present at an MPA port facility any materials regulated there.
(12) “Manager, Safety, Environment, and Risk Management (SERM)” means the MPA official in charge of regulating the transportation and storage of hazardous materials, or the Manager's designee.
(13) “MdTA” means the Maryland Transportation Authority.
(14) “MdTA Police” has the meaning stated in COMAR 11.05.03.02.
(15) “MPA” means the Maryland Port Administration.
(16) “MPA port facility” means any one or more or combination of:
(a) Lands, piers, docks, wharves, warehouses, sheds, transit sheds, buildings, structures, and other facilities, appurtenances, and equipment used for or designed for use in connection with the operation of a port;
(b) Every kind of terminal or storage structure or facility used for or designed for use in handling, storing, loading, or unloading freight or passengers at marine terminals;
(c) Every kind of transportation facility used for or designed for use in connection with any of these.
(17) “Person” means an individual, receiver, trustee, guardian, executor, administrator, fiduciary, broker, freight forwarder, agent, or representative of any kind, and any partnership, firm, association, public or private corporation, sole proprietorship, or any other entity.
(18) “Prohibited commodities” means hazardous materials which are barred from transportation by land or water carrier by either the US DOT regulations or the IMDG Code, or which present unacceptable risks to the safety of life and property in the Port of Baltimore as determined by the Manager, SERM or the Manager's designee.
(19) “Terminal operator” means the person controlling the land use of a marine terminal including railroads and lessees of facilities from the MPA.
(20) “US DOT regulations” means the United States Department of Transportation regulations contained in CFR, Titles 33, 46, and 49, which are incorporated by reference.
(21) “Vessel” means the vessel and those in charge of the vessel.
**History**
- *Administrative History: Effective date: June 11, 1975 (2:13 Md. R. 930)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 1, 1980 (7:19 Md. R. 1807)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 28, 1995 (22:17 Md. R. 1320)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201, 6-202, 6-206, and 6-602, Annotated Code of Maryland*
##### **COMAR 11.05.02.02-1** International Maritime Dangerous Goods Code (IMDG Code). {#sec-11.05.02.02-1 omnilex-key=us-md-regs-official--title-11--11.05.02.02-1}
A. The International Maritime Dangerous Goods Code (International Maritime Organization, London, U.K.; 1994 Consolidated Edition, Volumes I through IV, including amendments through 27-94 and errata), is incorporated by reference.
B. The IMDG Code is available for inspection at the following public offices:
(1) Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401, 410-974-2486;
(2) Maryland Port Administration, Risk Management/Safety Department, 2310 Broening Highway, Baltimore, Maryland 21224, 410-631-1063;
(3) U.S. Coast Guard, Activities Baltimore, 2401 Hawkins Point Road, Baltimore, Maryland 21226-1794, 410-576-2693;
(4) U.S. Coast Guard Headquarters, Office of Standards (G-MSO), 2100 2nd St., S.W., Washington, D.C. 20593-0001, 202-267-1142;
(5) Library of Congress, Madison Building, Law Library Reading Room, 101 Independence Ave., S.E., Washington, D.C. 20540, 202-707-5079 (Call Document No.: K4178.D3A25-1970); and
(6) U.S. Department of Transportation Library, 400 Seventh Street, Washington, DC 20590, 202-366-0746.
**History**
- *Administrative History: Effective date: June 11, 1975 (2:13 Md. R. 930)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 1, 1980 (7:19 Md. R. 1807)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 28, 1995 (22:17 Md. R. 1320)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201, 6-202, 6-206, and 6-602, Annotated Code of Maryland*
##### **COMAR 11.05.02.03** Administration. {#sec-11.05.02.03 omnilex-key=us-md-regs-official--title-11--11.05.02.03}
A. The Manager, SERM or the Manager's designee, shall administer these regulations.
B. When a hazardous materials incident occurs, any person having knowledge of the hazardous materials incident shall immediately notify the Manager, SERM or the Manager's designee, and the nearest terminal operator. Notification to the Manager, SERM or the Manager's designee, may be through the MdTA Police Communications at the Dundalk Marine Terminal, by dialing 410-633-1092.
C. The person who causes hazardous materials to be introduced into the Port of Baltimore is responsible for the prompt control, containment, mitigation, and removal of any hazardous materials discharged or released into the environment including, but not limited to, the accidental or intentional spilling, leaking, pumping, pouring, emitting, or dumping into or on any land or water. This prompt control, containment, mitigation, and removal shall be done to the satisfaction of the Manager, SERM or the Manager's designee, or the responding enforcement authority.
D. If a hazardous materials incident occurs at an MPA port facility, the Manager, SERM or the Manager's designee, may take such emergency action as may be necessary including removing or relocating any property or water carrier.
E. Any expenses incurred by the MPA, pursuant to the use of this emergency authority, shall be reimbursed to the MPA by the person responsible for the hazardous materials incident in the same manner any debt would be due.
**History**
- *Administrative History: Effective date: June 11, 1975 (2:13 Md. R. 930)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 1, 1980 (7:19 Md. R. 1807)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 28, 1995 (22:17 Md. R. 1320)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201, 6-202, 6-206, and 6-602, Annotated Code of Maryland*
##### **COMAR 11.05.02.04** General Requirements. {#sec-11.05.02.04 omnilex-key=us-md-regs-official--title-11--11.05.02.04}
A. A person may not introduce in the Port of Baltimore any hazardous materials, unless:
(1) The person complies with 49 CFR 171—174 and 176—178, and 33 CFR 126; and
(2) The cargo is properly classed, described, packaged, marked, labeled, placarded, and approved for highway, rail, or water transportation.
B. The Manager, SERM or the Manager's designee, or the Director of Security or the Director's designee, may reasonably enter an MPA port facility and inspect hazardous materials designated as cargo. These inspections shall be conducted during normal business hours and are confined to areas where cargo is introduced or stored.
**History**
- *Administrative History: Effective date: June 11, 1975 (2:13 Md. R. 930)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 1, 1980 (7:19 Md. R. 1807)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 28, 1995 (22:17 Md. R. 1320)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201, 6-202, 6-206, and 6-602, Annotated Code of Maryland*
##### **COMAR 11.05.02.05** Prohibited Commodities. {#sec-11.05.02.05 omnilex-key=us-md-regs-official--title-11--11.05.02.05}
A. Exceptions.
(1) U.S. Navy vessels, U.S. Coast Guard vessels, or foreign warships carrying any amount of explosives in magazines as part of their armament may enter an MPA port facility without securing a permit.
(2) A contractor may introduce in the Port explosives in such amounts as are reasonably necessary for construction and repair if the contractor obtains a permit as required by Regulation .06A(2) of this chapter.
B. A person may not introduce in the Port:
(1) Prohibited commodities, unless the US DOT has granted an exception for its movement;
(2) Class 1, divisions 1.1 and 1.2 explosives, as defined in 49 CFR §§173.50 and 173.53, weighing more than 100 pounds net explosive weight, although in-transit Class 1, divisions 1.1 and 1.2 explosives in any amount on board a vessel are exempt from this requirement if the explosives are not moved or disturbed while the vessel is in port;
(3) Class 1, divisions 1.2 and 1.3 propellant explosives, as defined in 49 CFR §§173.50 and 173.53 weighing more than 2,500 pounds net explosive weight, although in-transit Class 1, divisions 1.2 and 1.3 explosives in any amount on board a vessel are exempt from this requirement if the explosives are not moved or disturbed while the vessel is in port;
(4) Any blasting agent, ammonium nitrate, or ammonium nitrate mixture, except as permitted in Regulation .06A(9) of this chapter.
**History**
- *Administrative History: Effective date: June 11, 1975 (2:13 Md. R. 930)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 1, 1980 (7:19 Md. R. 1807)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 28, 1995 (22:17 Md. R. 1320)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201, 6-202, 6-206, and 6-602, Annotated Code of Maryland*
##### **COMAR 11.05.02.06** Commodities Requiring Permits. {#sec-11.05.02.06 omnilex-key=us-md-regs-official--title-11--11.05.02.06}
A. A person may not introduce in the Port any of the following commodities unless a permit has been obtained from the Manager, SERM or the Manager's designee:
(1) Class 1, divisions 1.1 and 1.2 explosives weighing 100 pounds net explosive weight or less, although a permit may not be issued by the MPA until the appropriate request covered by 33 CFR §127.17 has been favorably acted upon by the U.S. Coast Guard;
(2) Class 1, divisions 1.1 and 1.2 explosives for construction and repair, although a permit may not be issued by MPA until all permits required by federal, State, county, and city authorities, as appropriate, have been issued;
(3) Class 1, divisions 1.1 and 1.2 explosives over 100 pounds net explosive weight in marine transit;
(4) Class 1, divisions 1.2 and 1.3 explosives weighing 2,500 pounds net weight or less;
(5) Class 1, divisions 1.2 and 1.3 explosives over 2,500 pounds of net explosive weight in marine transit;
(6) Certain dangerous cargo (CDC) as defined in 33 CFR §160.204;
(7) Class 6, division 6.1 poisons, as defined in 49 CFR §173.132;
(8) Fissile material as defined in 49 CFR §173.403;
(9) Blasting agents, ammonium nitrate, and certain ammonium nitrate mixtures as specified in 49 CFR §176.415(a), the loading or unloading of which requires the written permission of the U.S. Coast Guard Captain of the Port; or
(10) Liquid hydrogen moving under a US DOT exemption.
B. None of the hazardous materials listed in §A of this regulation may remain on any MPA port facility without a valid permit.
**Cross References**
11.05.02.05A(2)
11.05.02.05B(4)
**History**
- *Administrative History: Effective date: June 11, 1975 (2:13 Md. R. 930)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 1, 1980 (7:19 Md. R. 1807)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 28, 1995 (22:17 Md. R. 1320)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201, 6-202, 6-206, and 6-602, Annotated Code of Maryland*
##### **COMAR 11.05.02.06-1** Requirements for Explosives-Carrying Vessels. {#sec-11.05.02.06-1 omnilex-key=us-md-regs-official--title-11--11.05.02.06-1}
A. A vessel carrying quantities exceeding 100 pounds of Class 1, divisions 1.1 and 1.2 explosives or 2,500 pounds of Class 1, divisions 1.2 and 1.3 explosives, or both, in transit to or from an MPA port facility shall establish a security watch once tied up to any berth, pier, dock, or wharf.
B. The security watch in §A of this regulation shall be a member of the MdTA Police Department, or armed security guard approved in advance by the MPA Manager, SERM or the Manager's designee, and the Director of Security or the Director's designee, and is considered a borrowed servant of the vessel.
C. The security watch in §A of this regulation is required for both landside and waterside and the security watch shall be required during the entire duration of the vessel being tied up to the berth, pier, dock, or wharf. The security watch may also require an escort for the vessel when it enters and leaves the harbor. The decision to escort the vessel will be made by the Director of Security or the Director's designee.
D. Costs incurred for the security watch in §A of this regulation shall be paid by and for the account of the vessel carrying the explosives.
E. Affected vessels shall be required to provide a fire warp fore and aft on the outboard side.
F. Before any longshoring operations on an affected vessel, an inspectional tour may be conducted by a representative of the Maryland Port Administration, and the affected vessel shall permit the inspection.
G. Open flames, including burning, welding, or smoking, may not be permitted on or near the vessel.
H. Affected vessels shall maintain at all times accessibility for ingress and egress of emergency equipment and personnel to and from the affected vessel and its cargo.
I. All applicable international, federal, State, and local laws, rules, and regulations governing explosives shall apply.
**History**
- *Administrative History: Effective date: June 11, 1975 (2:13 Md. R. 930)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 1, 1980 (7:19 Md. R. 1807)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 28, 1995 (22:17 Md. R. 1320)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201, 6-202, 6-206, and 6-602, Annotated Code of Maryland*
##### **COMAR 11.05.02.07** Time Limits for Explosives. {#sec-11.05.02.07 omnilex-key=us-md-regs-official--title-11--11.05.02.07}
Permitted cargo shipments of Class 1, divisions 1.1—1.3 explosives, may not remain on the land area of an MPA port facility for more than 6 hours.
**History**
- *Administrative History: Effective date: June 11, 1975 (2:13 Md. R. 930)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 1, 1980 (7:19 Md. R. 1807)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 28, 1995 (22:17 Md. R. 1320)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201, 6-202, 6-206, and 6-602, Annotated Code of Maryland*
##### **COMAR 11.05.02.08** Commodities Requiring Notification. {#sec-11.05.02.08 omnilex-key=us-md-regs-official--title-11--11.05.02.08}
Except in the case of flammable liquids handled at bulk petroleum terminals, any person required to notify the United States Coast Guard in compliance with 33 CFR §§126.17 and 127.27(b) shall notify the Manager, SERM or the Manager's designee, in the same manner.
**History**
- *Administrative History: Effective date: June 11, 1975 (2:13 Md. R. 930)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 1, 1980 (7:19 Md. R. 1807)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 28, 1995 (22:17 Md. R. 1320)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201, 6-202, 6-206, and 6-602, Annotated Code of Maryland*
##### **COMAR 11.05.02.09** Permit Procedures. {#sec-11.05.02.09 omnilex-key=us-md-regs-official--title-11--11.05.02.09}
A. The following persons shall make application to introduce in the Port any commodity requiring a permit:
(1) The Baltimore representative of a vessel whether or not the cargo is for import, export, in-transit shipment, or a landbridge movement; or
(2) Any other person who wishes to introduce in the Port any commodity requiring a permit.
B. In cases when commodities requiring a permit arrive in the MPA port facility and the Baltimore representative of the water carrier cannot be immediately identified, the person controlling the area where the hazardous material comes to rest on the MPA port facility shall apply for a permit at once.
C. Applicants shall submit their application and send it to the Manager, SERM or the Manager's designee, Maryland Port Administration, by fax to 410-285-0921.
D. Applicants shall send applications to the Manager, SERM or the Manager's designee, at least 48 hours before the arrival of the affected vessel at an MPA port facility.
E. Under unusual circumstances, applicants may seek a permit by telephone at 410-633-1147, but in all cases, they shall promptly fax an application.
F. When applying for a permit, the permit applicant shall state:
(1) The shipper's name, address, and, if possible, a telephone number;
(2) The shipping name and identification number prescribed for the hazardous material as required by 49 CFR §172.101 or 172.102, including the technical name when the material is described as “N.O.S.” (not otherwise specified) entry;
(3) The hazard class prescribed for the material as required by 49 CFR §172.101 or 172.102, or the IMDG Code;
(4) The total quantity (by weight, volume, or as otherwise appropriate) of the hazardous material covered by the description;
(5) The identification of the type of packages, such as barrels, drums, cylinders, and boxes;
(6) The complete consignee's name and address including the port of destination (if known) on exports;
(7) The name, scheduled date of arrival, and berth assignment (if known) of vessel involved;
(8) The date and estimated time of arrival of the hazardous materials at the terminal;
(9) The mode of land transport involved in transporting the hazardous material to or from the terminal;
(10) Whether the shipment is breakbulk or container, including the container or boxcar number; and
(11) If the shipment is a container, whether there is a stripping and stuffing requirement.
G. Requests for permits for fissile materials considered a certain dangerous cargo under 33 CFR §160.204 shall additionally include:
(1) The name of each fissile material;
(2) The type of packaging and identification marking as prescribed by 49 CFR 173;
(3) The activity in each package of the shipment in terms of curies, millicuries, or microcuries;
(4) The transport index assigned to each package in the shipment;
(5) The fissile class of each package unless the shipment is exempt pursuant to 49 CFR §173.453.
H. Requests for permits for ammonium nitrate shipments shall additionally include the composition of the material, including the percentage of ammonium nitrate by weight, along with a detailed description of the packaging.
I. A permit may be denied if:
(1) The person requesting the permit has previously violated any of these regulations; or
(2) In the judgment of the Manager, SERM or the Manager's designee, or the Director of Security or the Director's designee, it would be unsafe or pose a potential security risk to introduce in the MPA port facility the hazardous material at that time.
**History**
- *Administrative History: Effective date: June 11, 1975 (2:13 Md. R. 930)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 1, 1980 (7:19 Md. R. 1807)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 28, 1995 (22:17 Md. R. 1320)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201, 6-202, 6-206, and 6-602, Annotated Code of Maryland*
##### **COMAR 11.05.02.10** Waiver. {#sec-11.05.02.10 omnilex-key=us-md-regs-official--title-11--11.05.02.10}
The Manager, SERM or the Manager's designee may waive any of the requirements in this chapter if:
A. The request does not violate any applicable statutes, laws, other regulations, or ordinances;
B. The request is reasonable under the circumstances.
**History**
- *Administrative History: Effective date: June 11, 1975 (2:13 Md. R. 930)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 1, 1980 (7:19 Md. R. 1807)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 28, 1995 (22:17 Md. R. 1320)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201, 6-202, 6-206, and 6-602, Annotated Code of Maryland*
##### **COMAR 11.05.02.11** Responsibility. {#sec-11.05.02.11 omnilex-key=us-md-regs-official--title-11--11.05.02.11}
A. No permit granted by the MPA and no inspection made by it may operate to shift to it or to its officials any responsibility for the improper packing, handling, storage, stowage, movement, classification, description, marking, labeling, or placarding of hazardous materials by others at MPA port facilities. MPA's issuance of a permit, or waiver of the requirements in this chapter does not constitute a waiver of the immunities granted to the MPA under law.
B. The MPA does not assume a supervisory function with respect to these operations and may not be considered by the existence of these regulations to be in control of them. However, the MPA retains the right to direct the cessation of any operation in connection with the movement of hazardous materials at MPA port facilities, if, in the opinion of its Manager, SERM or the Manager's designee, safety requires this cessation.
**History**
- *Administrative History: Effective date: June 11, 1975 (2:13 Md. R. 930)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 1, 1980 (7:19 Md. R. 1807)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 28, 1995 (22:17 Md. R. 1320)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201, 6-202, 6-206, and 6-602, Annotated Code of Maryland*
##### **COMAR 11.05.02.12** Appeals. {#sec-11.05.02.12 omnilex-key=us-md-regs-official--title-11--11.05.02.12}
A. A person aggrieved by any action of the Manager, SERM or the Manager's designee, under this chapter may appeal in writing or orally to the Executive Director.
B. Written appeals shall be sent to the Maryland Port Administration, Executive Director, World Trade Center Baltimore, 401 East Pratt Street, 20th floor, Baltimore, Maryland 21202-3041.
C. A person making an oral appeal shall promptly send to the Executive Director a written outline of key points to be considered.
D. The Executive Director's decision shall be final. Upon request, the Executive Director will provide a decision in writing.
E. The Executive Director may stay action while the request or appeal is pending except where a stay would cause an imminent threat of injury to persons or property in the Port.
**History**
- *Administrative History: Effective date: June 11, 1975 (2:13 Md. R. 930)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 1, 1980 (7:19 Md. R. 1807)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 28, 1995 (22:17 Md. R. 1320)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201, 6-202, 6-206, and 6-602, Annotated Code of Maryland*
##### **COMAR 11.05.02.13** Violations and Penalties. {#sec-11.05.02.13 omnilex-key=us-md-regs-official--title-11--11.05.02.13}
A. An MdTA police officer may arrest violators and issue citations for violations of the regulations in this chapter. Violations are considered misdemeanors and a conviction may result in penalties in accordance with Transportation Article, §6-602, Annotated Code of Maryland.
B. Maximum penalties for violating any of these regulations are a fine of $500 or imprisonment for not more than 1 year, or both.
**History**
- *Administrative History: Effective date: June 11, 1975 (2:13 Md. R. 930)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 1, 1980 (7:19 Md. R. 1807)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 28, 1995 (22:17 Md. R. 1320)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06-1B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201, 6-202, 6-206, and 6-602, Annotated Code of Maryland*
## **11.05.03** Vehicle Access, Parking, and Operation on Maryland Port Administration Property
##### **COMAR 11.05.03.01** Application. {#sec-11.05.03.01 omnilex-key=us-md-regs-official--title-11--11.05.03.01}
This chapter applies to motor vehicles on all Maryland Port Administration property.
**History**
- *Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1300)*
- *Administrative History: Chapter revised effective June 1, 1980 (7:11 Md. R. 1038)*
- *Administrative History: Regulation .02B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03E amended effective February 24, 1986 (13:4 Md. R. 396)*
- *Administrative History: Regulation .05A amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .14B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective May 8, 1995 (22:9 Md. R. 646)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .02B amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .03 amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .04A, E amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .04E, F amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04H adopted effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B, C amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .07 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .08 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .09 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .09B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .12 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .13 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14A amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .14B, D amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201 and 6-211, Annotated Code of Maryland*
##### **COMAR 11.05.03.02** Definitions. {#sec-11.05.03.02 omnilex-key=us-md-regs-official--title-11--11.05.03.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Access control point” means a location where credentials are produced and verified to ensure authorized access to the facilities.
(2) “Berth permit” means a permit issued by the MPA Office of Security or designee that permits parking upon a berth.
(3) “Cargo gate pass” means the document issued at the access control point by security personnel for a vehicle delivering or receiving cargo or designated as cargo.
(4) “Citation” has the meaning stated in COMAR 11.05.02.02B(2).
(5) “Conviction” means a plea of guilty, a finding of guilty, a plea of nolo contendere, or acceptance of probation before judgment.
(6) “Decal” means the individually numbered and adhesive backed decal that is issued and applied to the motor vehicle windshield by the MPA Office of Security or designee.
(7) “Electronic Pass” (E-Pass) means an electronic pass generated by the MPA and verified at the access control point by security personnel.
(8) “Law Enforcement Agency” has the meaning stated in Public Safety Article, §3-201(d), Annotated Code of Maryland.
(9) “Law Enforcement Permit” means a hang tag issued by the MPA Office of Security or designee to law enforcement and MPA Office of Security personnel.
(10) “MdTA Police” means Maryland Transportation Authority personnel designated as members of the Police Force under Transportation Article, §4-208, Annotated Code of Maryland, or any other police officers as defined by Public Safety Article, §3-201(e), Annotated Code of Maryland, and who are authorized to perform law enforcement duties on MPA property.
(11) MdTA Police Cadet means an employee of the Maryland Transportation Authority Police or any other law enforcement agency that is authorized to enforce parking regulations on MPA property.
(12) MdTA Police Port Detachment means personnel of the Maryland Transportation Authority Police or any other law enforcement agency that are specifically assigned to MPA property or Port facilities and that are authorized to enforce criminal laws and the regulations in this title.
(13) Motor Vehicle.
(a) “Motor vehicle”, except as otherwise used in these regulations, means a vehicle that is self-propelled, including all automobiles, whether or not privately owned.
(b) “Motor vehicle” also includes multipurpose passenger vehicles, van pool vehicles, trucks, truck tractors, trailers, semitrailers, pole trailers, motorcycles, export or import cargo, and special mobile equipment.
(c) “Motor vehicle” includes any vehicle qualifying as a motor vehicle which is subject to all the requirements of this chapter while being pulled or towed by another motor vehicle.
(d) “Motor vehicle” does not include vehicles designed to operate only on rails or tracks.
(14) “MPA” means the Maryland Port Administration.
(15) “MPA property” means all property owned, leased, or operated by or under the control of the Maryland Port Administration.
(16) “Permit” means:
(a) The decal that is affixed to the vehicle windshield by the MPA Office of Security or designee;
(b) The visitor or vendor vehicle pass, cargo gate pass or E-Pass generated by the MPA and verified by security personnel at the facility access control point; or
(c) The 14-day pass issued by the MPA Office of Security or designee.
(17) “Port facilities” means any one or more or combination of facilities and structures owned, leased, operated by, or under the control of the MPA, including:
(a) Lands, piers, docks, wharves, warehouses, sheds, transit sheds, elevators, compressors, refrigeration storage plants, buildings, structures, and other facilities, appurtenances, or equipment useful or designed for use in connection with the operation of a port;
(b) Every kind of terminal or storage structure or facility useful or designed for use in handling, storing, loading, or unloading freight or passengers at marine terminals;
(c) Every kind of transportation facility useful or designed for use in connection with any of these.
(18) Special Mobile Equipment.
(a) “Special mobile equipment” means vehicles that are not used primarily for highway transportation of people or property, but which are operated or moved on a highway only as an incident to their non-highway use.
(b) “Special mobile equipment” includes road construction or maintenance machines, mobile cranes, ditch diggers, well drillers, portable concrete mixers, job site vehicles, portable power generators, fork lift trucks, yard hustlers, straddle carriers, crew haulers, rubber tired gantries, and other vehicles used to move personnel around the terminals in connection with the movement of cargo in maritime commerce.
(19) “Tenant” means a person who has been given authorization to use a facility for cargo handling purposes under a lease or other contract with MPA.
(20) “Vehicle operator” means the person in actual physical control of a motor vehicle.
(21) “Visitor or Vendor vehicle pass” means the document issued at the access control point by security personnel for single day access to a facility for a motor vehicle.
**Cross References**
11.05.03.04A(2)(c)(iii)
**History**
- *Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1300)*
- *Administrative History: Chapter revised effective June 1, 1980 (7:11 Md. R. 1038)*
- *Administrative History: Regulation .02B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03E amended effective February 24, 1986 (13:4 Md. R. 396)*
- *Administrative History: Regulation .05A amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .14B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective May 8, 1995 (22:9 Md. R. 646)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .02B amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .03 amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .04A, E amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .04E, F amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04H adopted effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B, C amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .07 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .08 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .09 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .09B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .12 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .13 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14A amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .14B, D amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201 and 6-211, Annotated Code of Maryland*
##### **COMAR 11.05.03.03** Motor Vehicle Port Admission Permit. {#sec-11.05.03.03 omnilex-key=us-md-regs-official--title-11--11.05.03.03}
A. Permit Requirements.
(1) A person may not operate or bring a motor vehicle on MPA property unless the motor vehicle has been issued a Decal or a Visitor, Vendor, 14-Day, Cargo Gate Pass or E-Pass in accordance with this chapter.
(2) Failure to display the decal or pass properly may result in the denial of access to MPA property.
(3) Access to MPA property is subject to limitations and time frames specified by the MPA.
(4) A motor vehicle specifically exempted by these regulations is not subject to permit requirements.
B. Types of Permits.
(1) Decal. Motor vehicles regularly operated on MPA property or requiring regular visits to the property, shall display evidence of having obtained a Decal. The decal shall be applied to the outside lower portion of the driver side of the vehicle’s front windshield with the expiration date clearly displayed.
(2) 14-Day Pass. Non-decaled motor vehicles operated by authorized persons on MPA property on a daily basis for 7 days or longer, shall display evidence of having obtained a 14-Day Pass. Issuance of a 14-Day Pass requires prior notification of the MPA Office of Security or designee. The pass shall be placed on the dashboard in the driver’s front left windshield area of the vehicle so as to be visible from the outside.
(3) Visitor or Vendor Vehicle Pass. Motor vehicles, owned or operated by persons on MPA property on a daily basis for a length of time less than 7 days, shall display evidence of having obtained a printed Visitor or Vendor Pass, or shall display an E-Pass on their mobile device. Issuance of a Visitor or Vendor Pass or E-Pass requires prior notification to the MPA via its electronic database. The printed pass shall be placed on the dashboard in the driver’s front left windshield area of the vehicle so as to be visible from the outside. The E-Pass shall be displayed via the user’s mobile device when requested by security personnel or MdTA Police.
(4) Cargo Gate Pass. A Motor vehicle which is designed to carry cargo or is designated as cargo is required to obtain a Cargo Gate Pass at one of the truck access control points before reporting directly to the marine terminal operator or cargo processor within MPA property that is handling the cargo. The vehicle operator shall be registered via MPA’s electronic database, eModal, before entering the facility.
(5) Exemptions. Special mobile equipment and emergency vehicles, as defined in Transportation Article, §11-118, Annotated Code of Maryland are exempt from the permit requirements of this chapter when they are being used:
(a) In the performance of official duties; or
(b) For conducting business on any MPA facility.
C. Application Procedures.
(1) Requirements for a Decal. A person desiring a decal under this regulation shall:
(a) Establish to the satisfaction of the MPA Office of Security a legitimate purpose for being on a facility;
(b) Submit a completed permit application to the MPA Office of Security or designee on the form provided;
(c) Exhibit a valid State registration card or proof of ownership for the vehicle for which application is made; and
(d) Exhibit a valid State driver's license, of the class authorized for that particular type of vehicle, covering the person operating the vehicle at the time of application, and exhibit proof of insurance for the vehicle for which application is made.
(2) Requirements for a Visitor or Vendor Vehicle Pass. A Visitor or Vendor Vehicle Pass shall be obtained at the access control point of the facility to which access is desired. All visitors and vendors shall have received prior authorization to enter the facility from the MPA, the MdTA Police, or a tenant or other user of the facility. The person who authorized the visitor or vendor’s entry to the facility shall provide all required identification information to the MPA in advance through MPA’s electronic database.
(3) Requirements for a 14-Day Pass. A person desiring a 14-Day Pass under this regulation shall:
(a) Provide to the MPA Office of Security or designee evidence of hardship or exigent circumstances justifying the person’s failure to obtain a decal; and
(b) Receive prior authorization from the MPA, the MdTA Police, or a tenant or other user of the Port facility to be on the facility for the requested period.
(4) Requirements for a Cargo Gate Pass. A motor vehicle entering MPA port facilities to deliver or pick up cargo shall be issued a Cargo Gate Pass or E-Pass after its driver produces valid identification and establishes a legitimate business purpose for entry to the facility. The Cargo Gate Pass or E-Pass shall be validated by the tenant while the vehicle is on the facility and verified by the security guard on exit.
D. Decision on Application for Decals.
(1) A Decal may be issued only to those persons who have employment-related or business-related purposes for gaining admission to MPA property.
(2) If an application is denied, the applicant may confer with the MPA Director of Security as to the reason for the denial.
(3) If the MPA Director of Security concurs in the denial, the applicant may appeal this decision to the MPA Deputy Executive Director.
(4) An applicant has the rights granted in the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
E. Display of Decals and Passes.
(1) Decals. Upon approval of an application for a Decal, the MPA Office of Security or designee shall issue an identifying decal. This decal signifies to the MdTA Police and the MPA that an application is on file for the vehicle which has met all the requirements of this chapter. The decal, upon issue, shall immediately be applied to the vehicle windshield by the MPA Office of Security or designee and is the only evidence of application approval and is valid until termination.
(2) 14-Day Passes. Upon approval of an application for a 14-Day Pass, the MPA Office of Security or designee shall issue a 14-Day Pass to the applicant. This pass, upon issue, shall be prominently displayed within the front left windshield area of the vehicle and in full view from the exterior while the motor vehicle is on MPA property.
(3) Visitor or Vendor Vehicle Pass. Upon approval of a visitor or vendor's entrance into a facility, a designated security officer shall issue a Visitor or Vendor Vehicle Pass or E-Pass to the driver. The printed Visitor or Vendor Vehicle Pass shall be prominently displayed within the windshield area of the vehicle and in full view from the exterior with the date clearly visible while the motor vehicle is on MPA property. The E-Pass shall be displayed via the user’s mobile device when requested by security personnel or MdTA Police.
(4) An operator or owner of a motor vehicle is in violation of this regulation if the owner or operator is required to display a decal or pass for the motor vehicle but:
(a) Does not display a decal or pass; or
(b) Displays an expired decal or pass.
F. Non-Transferability of Decals and Passes. A Decal or Visitor or Vendor Vehicle, 14-Day, or Cargo Gate Pass may not be transferred to or displayed on any vehicle other than the vehicle to which the decal or pass has been issued. A pass may not be transferred to or displayed by any person other than the person to whom issued.
G. Termination of Decals and Passes.
(1) Decals.
(a) Upon termination of a Decal, the decal shall be removed by the vehicle owner, by another person on the owner's behalf, or by a designated MPA or MdTA police employee.
(b) Decal termination occurs on the earliest of:
(i) The date the need for facility access stated in support of the original application no longer exists (for example, termination of employment on the terminal);
(ii) The date the owner or operator voluntarily surrenders the permit;
(iii) The date the MPA Office of Security or designee revokes or suspends the permit.
(iv) The date ownership of the vehicle is transferred by the person who obtained the decal; or
(v) Upon expiration of the Decal.
(2) Visitor or Vendor Vehicles Passes.
(a) The Visitor or Vendor Vehicle Pass shall be returned to a designated security officer or electronically closed upon departure of the motor vehicle from the facility.
(b) The Visitor or Vendor Vehicle Pass automatically expires at the end of the calendar date indicated, upon its voluntary surrender, upon departure of the motor vehicle from the MPA facility at which the permit was issued, or upon revocation by the MPA Office of Security or designee in accordance with the provisions in this chapter.
(3) 14-Day Passes.
(a) The 14-Day Pass shall be returned to the MPA Office of Security or designee upon expiration of the pass.
(b) The 14-Day Pass automatically expires at the end of the calendar date indicated, upon its voluntary surrender, when the need for which the permit was issued no longer exists, or upon revocation by the MPA Office of Security or designee in accordance with the provisions in this chapter.
H. Notice of Changes in Conditions.
(1) Changes in the information given in the original application for the decal shall be reported by the applicant to the MPA Office of Security or designee immediately after the change.
(2) The following changes shall be reported:
(a) New motor vehicle registration plate number;
(b) Sale or other disposition of the motor vehicle;
(c) Loss of or damage to the decal;
(d) Change of regularly assigned place of employment;
(e) Change of applicant's employer; or
(f) Change in the home address of the owner of the motor vehicle.
I. Limitations. The issuance of any decal or pass under this chapter or permission for any person to enter MPA property does not permit the motor vehicle or persons unrestricted access throughout a facility or unrestricted movement or parking in the facility for which the decal or pass is issued. Motor vehicles with decals or passes, and persons allowed to enter are permitted access to the property only when the need for access, as given in support of the application, exists. Every person in the facility shall obey these regulations regarding the operation and parking of motor vehicles together with all directives and signs issued by the MPA and all oral or written directions given by MdTA Police to implement this chapter.
**History**
- *Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1300)*
- *Administrative History: Chapter revised effective June 1, 1980 (7:11 Md. R. 1038)*
- *Administrative History: Regulation .02B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03E amended effective February 24, 1986 (13:4 Md. R. 396)*
- *Administrative History: Regulation .05A amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .14B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective May 8, 1995 (22:9 Md. R. 646)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .02B amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .03 amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .04A, E amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .04E, F amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04H adopted effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B, C amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .07 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .08 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .09 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .09B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .12 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .13 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14A amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .14B, D amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201 and 6-211, Annotated Code of Maryland*
##### **COMAR 11.05.03.04** Motor Vehicle Operations. {#sec-11.05.03.04 omnilex-key=us-md-regs-official--title-11--11.05.03.04}
A. Maryland Vehicle Law.
(1) Incorporation by Reference. All provisions of Transportation Article, Titles 11—27, Annotated Code of Maryland, are hereby incorporated by reference in these regulations.
(2) Interpretation.
(a) The portions of these regulations that are identical with or included by reference with corresponding portions of the Maryland Vehicle Law shall be interpreted and construed to make uniform these regulations, except that these regulations may supplement the Maryland Vehicle Law.
(b) If these regulations conflict with the Maryland Vehicle Law and cannot be reconciled with the law as provided, the Maryland Vehicle Law prevails and controls.
(c) The provisions of the Maryland Vehicle Law as incorporated in these regulations shall be interpreted as applying to the MPA in the following manner:
(i) “Traffic control devices” shall be interpreted as referring to traffic control devices established by the MPA;
(ii) “Markings, highways, and roadways” shall be interpreted as referring to markings, highways, and roadways or thoroughfares on MPA property, including shoulders, which are used for vehicular traffic;
(iii) “MdTA Police” has the meaning stated in Regulation .02 of this chapter.
(d) Other provisions of the Maryland Vehicle Law shall be read in the context of MPA property and these regulations.
B. Registration Requirements. A motor vehicle driven on MPA property shall be registered as required by the Maryland Vehicle Law and display valid Maryland Registration Plates. However, registration is not required for motor vehicles driven on MPA property when the motor vehicle is actually being driven incidental to its handling as import or export cargo.
C. Inspection Requirements.
(1) An MdTA Police officer may require that a motor vehicle operating on MPA property meet the minimum standards set out in the Maryland Vehicle Law.
(2) Failure to comply with the requirements of inspection after an owner or operator of a motor vehicle has been notified of an equipment repair order is grounds for revocation of a permit issued under these regulations.
D. Operating Requirements. An act or omission by the operator of a motor vehicle which would constitute a violation of the Maryland Vehicle Law if committed upon a public highway or other roadway, whether or not the motor vehicle is required to have a permit with the MPA, constitutes a violation of these regulations, and a citation as authorized by the Maryland Vehicle Law may be issued. The offense may not be cited as a violation of these regulations, but shall refer instead to the particular section of the Transportation Article which has been violated.
E. Facility Speed Limits.
(1) The maximum allowable speed on MPA roadways is 30 miles per hour except as otherwise posted.
(2) The maximum allowable speed at berth, shed, and cargo areas, or at any other area not designated as a roadway, is 10 miles per hour except as otherwise posted.
(3) The maximum allowable speed on any non-posted MPA roadway is 15 miles per hour.
(4) An individual may not drive a motor vehicle on MPA property in excess of the speed limit.
F. Defacing and Injuring Signs or Devices. A person may not deface, injure, move, or interfere with any sign, standard post, safety zone, semaphore, tower, automatic signal, or other traffic control device, or any part of one, or erase, or eradicate, obliterate, or otherwise render ineffective directions, lines, or marks painted or placed on the roadway or facility surface for the purpose of directing the flow of traffic or the parking of motor vehicles.
G. Accidents and Reporting.
(1) Accidents. A vehicle operator involved in an accident with another motor vehicle or with a pedestrian shall stop the motor vehicle as close to the scene of the accident as possible without obstructing traffic, and immediately return to and remain at the scene of the accident until the vehicle operator has:
(a) Rendered reasonable assistance to an individual injured in the accident;
(b) Promptly reported the accident to the MdTA Police;
(c) Given to the occupant or other individual attending any other motor vehicle involved in the accident and to the responding MdTA Police officer the:
(i) Vehicle operator's name and address; and
(ii) Permit number or other identifying information of the motor vehicle the vehicle operator is operating; and
(d) Upon request, shown the vehicle operator's driver's license to the occupant or individual attending any other motor vehicle involved in the accident.
(2) Collision with Unattended Motor Vehicles or Real or Personal Property. Any vehicle operator who collides with an unattended motor vehicle or with any real or personal property shall:
(a) Stop;
(b) Notify the MdTA Police;
(c) Locate the operator or owner of the motor vehicle or property and notify him of the accident, giving him the name and address of both the vehicle operator and the owner of the motor vehicle striking the unattended vehicle or property.
(3) Report. The operator or owner of the motor vehicle involved in an accident immediately shall notify the MdTA Police and remain at the scene until their arrival. A copy of any accident report form required to be filed under Transportation Article, Title 20, Annotated Code of Maryland, shall be filed with the MdTA Police.
H. Restrictions on Special Vehicles.
(1) The operation of any two-wheeled motor vehicle or self-propelled vehicle on MPA property shall be approved in writing by the MPA Office of Security or designee.
(2) Unlicensed motor vehicles approved for use on MPA property are prohibited from using public roadways unless authorized by the Maryland Motor Vehicle Administration.
(3) Without advance written approval, bicycles and other self-propelled vehicles are prohibited on MPA terminals.
**History**
- *Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1300)*
- *Administrative History: Chapter revised effective June 1, 1980 (7:11 Md. R. 1038)*
- *Administrative History: Regulation .02B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03E amended effective February 24, 1986 (13:4 Md. R. 396)*
- *Administrative History: Regulation .05A amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .14B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective May 8, 1995 (22:9 Md. R. 646)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .02B amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .03 amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .04A, E amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .04E, F amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04H adopted effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B, C amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .07 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .08 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .09 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .09B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .12 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .13 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14A amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .14B, D amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201 and 6-211, Annotated Code of Maryland*
##### **COMAR 11.05.03.05** Parking on MPA Property. {#sec-11.05.03.05 omnilex-key=us-md-regs-official--title-11--11.05.03.05}
A. Jurisdiction.
(1) Except as provided in §A(2) of this regulation, the MPA has jurisdiction to enforce all parking regulations on MPA property.
(2) The MPA may, by contract, limit the scope of its authority under this regulation in any area leased by the MPA.
B. Permitted Areas. Motor vehicles displaying valid port admission decals or passes may be parked only in those parking areas designated by the MPA and MdTA Police. A motor vehicle parked in an area not designated for parking or failing to display a proper permit is in violation of this chapter.
C. Restrictions.
(1) Except when permitted by official signs, or when permitted by a member of the MdTA Police or required by a traffic control device, motor vehicles may not be parked, be permitted to stand, or be left unattended:
(a) In front of, across, or blocking any driveway, gate, doorway, pier, berth apron, loading platform, handicapped ramp, or cargo handling area, or upon any berth;
(b) Within 15 feet of any fire hydrant, standpipe, or sprinkler connection;
(c) On any sidewalk or in any crosswalk;
(d) Within 15 feet of any intersection, or within any intersection or any portion of the roadway, except where portions of a roadway may be designated for parking;
(e) Within 20 feet of the driveway entrance to a shed or warehouse, or inside a shed;
(f) Within 50 feet of the nearest rail or railroad, except on designated parking areas;
(g) In an area where the curb is painted yellow or in an area where a prohibition is indicated by posting of other markings placed under the authority of the MPA;
(h) On the roadway side of any motor vehicle stopped or parked at the edge of the roadway;
(i) On the roadway where parking is otherwise permitted but where any part of the nearest side of the motor vehicle parked is in excess of 12 inches from the nearest curb, side, or edge of the roadway;
(j) In such a way as to obstruct traffic;
(k) In such a way as to cause or be likely to cause a hazard to the health or safety of individuals on MPA property;
(l) In any designated handicapped parking space without displaying a handicapped registration plate or placard; or
(m) In any other area where parking or leaving a vehicle standing or unattended is not specifically authorized.
(2) Special mobile equipment is subject to the same parking restrictions as motor vehicles under §C(1) of this regulation, except when actually involved in loading or unloading cargoes.
(3) Parking in Lined Areas. When parking or stopping a motor vehicle in any lined parking area, the motor vehicle may not occupy more than one lined space.
**Cross References**
11.05.03.09B
**History**
- *Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1300)*
- *Administrative History: Chapter revised effective June 1, 1980 (7:11 Md. R. 1038)*
- *Administrative History: Regulation .02B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03E amended effective February 24, 1986 (13:4 Md. R. 396)*
- *Administrative History: Regulation .05A amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .14B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective May 8, 1995 (22:9 Md. R. 646)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .02B amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .03 amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .04A, E amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .04E, F amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04H adopted effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B, C amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .07 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .08 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .09 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .09B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .12 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .13 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14A amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .14B, D amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201 and 6-211, Annotated Code of Maryland*
##### **COMAR 11.05.03.06** Repealed. {#sec-11.05.03.06 omnilex-key=us-md-regs-official--title-11--11.05.03.06}
**History**
- *Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1300)*
- *Administrative History: Chapter revised effective June 1, 1980 (7:11 Md. R. 1038)*
- *Administrative History: Regulation .02B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03E amended effective February 24, 1986 (13:4 Md. R. 396)*
- *Administrative History: Regulation .05A amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .14B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective May 8, 1995 (22:9 Md. R. 646)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .02B amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .03 amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .04A, E amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .04E, F amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04H adopted effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B, C amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .07 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .08 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .09 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .09B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .12 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .13 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14A amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .14B, D amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201 and 6-211, Annotated Code of Maryland*
##### **COMAR 11.05.03.07** Identification. {#sec-11.05.03.07 omnilex-key=us-md-regs-official--title-11--11.05.03.07}
An individual on or entering MPA property shall provide proof of identity at the request of an MdTA Police officer, and shall provide the:
A. Individual’s driver’s license and, at the discretion of the MdTA Police Officer, other official photo identification such as Transportation Worker Identification Credential (TWIC) or MPA Identification Card;
B. Individual's name and address;
C. Individual's current employer; and
D. Reason the individual seeks admittance to or is on MPA property.
**History**
- *Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1300)*
- *Administrative History: Chapter revised effective June 1, 1980 (7:11 Md. R. 1038)*
- *Administrative History: Regulation .02B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03E amended effective February 24, 1986 (13:4 Md. R. 396)*
- *Administrative History: Regulation .05A amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .14B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective May 8, 1995 (22:9 Md. R. 646)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .02B amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .03 amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .04A, E amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .04E, F amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04H adopted effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B, C amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .07 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .08 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .09 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .09B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .12 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .13 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14A amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .14B, D amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201 and 6-211, Annotated Code of Maryland*
##### **COMAR 11.05.03.08** Search of Motor Vehicles. {#sec-11.05.03.08 omnilex-key=us-md-regs-official--title-11--11.05.03.08}
All motor vehicles, including the contents thereof, which enter, use, or are operated on MPA property are subject to reasonable search by an authorized member of the MdTA Police in accordance with the Constitution, laws, and regulations of the United States and the State of Maryland.
**History**
- *Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1300)*
- *Administrative History: Chapter revised effective June 1, 1980 (7:11 Md. R. 1038)*
- *Administrative History: Regulation .02B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03E amended effective February 24, 1986 (13:4 Md. R. 396)*
- *Administrative History: Regulation .05A amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .14B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective May 8, 1995 (22:9 Md. R. 646)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .02B amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .03 amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .04A, E amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .04E, F amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04H adopted effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B, C amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .07 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .08 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .09 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .09B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .12 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .13 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14A amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .14B, D amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201 and 6-211, Annotated Code of Maryland*
##### **COMAR 11.05.03.09** Removal of Motor Vehicles. {#sec-11.05.03.09 omnilex-key=us-md-regs-official--title-11--11.05.03.09}
A. Records.
(1) The MdTA Police shall keep accurate records of all removals of motor vehicles, including the reasons for removal, and shall make reasonable attempts to contact vehicle owners to ensure voluntary removals. Motor vehicles moved by the MdTA Police shall be handled in accordance with Transportation Article, Title 25, Annotated Code of Maryland.
(2) A facility operator other than the MPA that removes a motor vehicle from a facility shall notify the MdTA Police of the:
(a) Date and time of removal;
(b) Description of the vehicle; and
(c) Location to which the vehicle was removed.
B. The MdTA Police may remove a motor vehicle from a facility or to another part of the property if the MPA has jurisdiction under Regulation .05A of this chapter and the vehicle is:
(1) Unattended near an occupied building or cargo area, within 10 feet of a perimeter fence, or in another area where the vehicle causes or is likely to cause a safety or security risk;
(2) Illegally parked as to obstruct traffic;
(3) Causing or likely to cause a hazard to the health or safety of individuals on MPA property;
(4) Obstructing motor vehicle traffic;
(5) Impeding the movement and handling of cargoes by its position; or
(6) Abandoned on the facility property as provided in Transportation Article, §25-201, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1300)*
- *Administrative History: Chapter revised effective June 1, 1980 (7:11 Md. R. 1038)*
- *Administrative History: Regulation .02B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03E amended effective February 24, 1986 (13:4 Md. R. 396)*
- *Administrative History: Regulation .05A amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .14B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective May 8, 1995 (22:9 Md. R. 646)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .02B amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .03 amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .04A, E amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .04E, F amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04H adopted effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B, C amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .07 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .08 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .09 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .09B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .12 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .13 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14A amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .14B, D amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201 and 6-211, Annotated Code of Maryland*
##### **COMAR 11.05.03.10** Orders of the MdTA Police. {#sec-11.05.03.10 omnilex-key=us-md-regs-official--title-11--11.05.03.10}
A person may not willfully fail or refuse to comply with any lawful order or direction of a member of the MdTA Police in connection with the enforcement of these regulations.
**History**
- *Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1300)*
- *Administrative History: Chapter revised effective June 1, 1980 (7:11 Md. R. 1038)*
- *Administrative History: Regulation .02B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03E amended effective February 24, 1986 (13:4 Md. R. 396)*
- *Administrative History: Regulation .05A amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .14B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective May 8, 1995 (22:9 Md. R. 646)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .02B amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .03 amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .04A, E amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .04E, F amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04H adopted effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B, C amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .07 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .08 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .09 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .09B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .12 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .13 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14A amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .14B, D amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201 and 6-211, Annotated Code of Maryland*
##### **COMAR 11.05.03.11** Compliance with Regulations. {#sec-11.05.03.11 omnilex-key=us-md-regs-official--title-11--11.05.03.11}
Permission granted by the MPA to any person to enter or use MPA property constitutes an agreement by that person to comply with these regulations.
**History**
- *Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1300)*
- *Administrative History: Chapter revised effective June 1, 1980 (7:11 Md. R. 1038)*
- *Administrative History: Regulation .02B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03E amended effective February 24, 1986 (13:4 Md. R. 396)*
- *Administrative History: Regulation .05A amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .14B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective May 8, 1995 (22:9 Md. R. 646)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .02B amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .03 amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .04A, E amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .04E, F amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04H adopted effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B, C amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .07 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .08 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .09 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .09B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .12 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .13 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14A amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .14B, D amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201 and 6-211, Annotated Code of Maryland*
##### **COMAR 11.05.03.12** Obligations of Employers. {#sec-11.05.03.12 omnilex-key=us-md-regs-official--title-11--11.05.03.12}
Any employer conducting business on MPA property who knowingly permits a motor vehicle owned by him or under his control to be operated by an employee who does not have a valid driver’s license is in violation of these regulations. However, an employer may not be issued a citation for permitting an unlicensed driver to drive cargo-handling equipment which does not require the operator to possess a valid license.
**History**
- *Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1300)*
- *Administrative History: Chapter revised effective June 1, 1980 (7:11 Md. R. 1038)*
- *Administrative History: Regulation .02B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03E amended effective February 24, 1986 (13:4 Md. R. 396)*
- *Administrative History: Regulation .05A amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .14B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective May 8, 1995 (22:9 Md. R. 646)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .02B amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .03 amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .04A, E amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .04E, F amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04H adopted effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B, C amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .07 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .08 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .09 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .09B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .12 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .13 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14A amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .14B, D amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201 and 6-211, Annotated Code of Maryland*
##### **COMAR 11.05.03.13** Violations and Penalties. {#sec-11.05.03.13 omnilex-key=us-md-regs-official--title-11--11.05.03.13}
A. An MdTA Police officer may arrest violators and issue citations for violations of the regulations in this chapter.
B. Violations are considered misdemeanors, and conviction may result in penalties in accordance with Transportation Article, §6-602, Annotated Code of Maryland.
C. Penalties.
(1) Any person who violates a parking regulation under this section is subject to a fine not to exceed $50. A violation of a parking regulation is not a misdemeanor.
(2) Any person who violates any other regulation adopted under this chapter is guilty of a misdemeanor and on conviction is subject to a fine not to exceed $500.
**History**
- *Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1300)*
- *Administrative History: Chapter revised effective June 1, 1980 (7:11 Md. R. 1038)*
- *Administrative History: Regulation .02B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03E amended effective February 24, 1986 (13:4 Md. R. 396)*
- *Administrative History: Regulation .05A amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .14B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective May 8, 1995 (22:9 Md. R. 646)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .02B amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .03 amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .04A, E amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .04E, F amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04H adopted effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B, C amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .07 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .08 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .09 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .09B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .12 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .13 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14A amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .14B, D amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201 and 6-211, Annotated Code of Maryland*
##### **COMAR 11.05.03.14** Penalties. {#sec-11.05.03.14 omnilex-key=us-md-regs-official--title-11--11.05.03.14}
A. Nonparking Offenses.
(1) Citations for offenses other than parking violations are answerable in the Maryland District Court and are subject to the provisions of Transportation Article, Title 26, Annotated Code of Maryland, and the Maryland Rules of Procedure.
(2) Violations are considered misdemeanors, and conviction may result in penalties in accordance with Transportation Article, Title 27, Annotated Code of Maryland.
(3) Violations of Regulations .03, .07, and .10 of this chapter are punishable by a maximum fine of $500 and 60 days in jail.
B. Parking Offenses.
(1) A parking violation is not a misdemeanor, and the maximum fine which may be imposed is $50.
(2) Citations for violations of parking regulations are answerable as follows:
(a) Uncontested Cases. If the person charged in a citation elects not to contest the violation cited, the person may close all proceedings by mailing a certified check or money order, payable to the Maryland Port Administration in the amount stated on the citation, to the MPA Office of the Comptroller, The World Trade Center, 401 East Pratt Street, Baltimore, Maryland 21202. Payment of the fine in an uncontested case is considered a conviction.
(b) Contested Cases.
(i) A person receiving a citation for a parking violation may elect to stand trial for the offense charged by notifying by mail the MPA Office of the Comptroller, The World Trade Center, 401 East Pratt Street, Baltimore, Maryland 21202, that the person intends to stand trial.
(ii) This notice shall be given at least 5 days before the last date for voluntary payment as stated on the citation.
(iii) If the person charged desires the officer who issued the citation to be present at the trial, the person shall expressly request on the notice electing trial that the officer appear.
(iv) If the officer's presence is not requested in the notice, the officer need not appear and a copy of the citation bearing a certification of the officer is prima facie evidence of the matter set forth in the citation.
(v) If a timely notice of election to stand trial is received, the MPA shall forward the notice and citation to the appropriate court, which shall schedule the trial and notify the person charged of the date and time set.
(c) Parking violations resulting in the issuance of citations are subject to the provisions of Transportation Article, Title 26, Subtitle 3, Annotated Code of Maryland, and the rules of procedure adopted by the Chief Judge of District Court.
C. Suspension. Whenever two convictions of any person for violations of these regulations have been based upon citations charging any offense involving the operation or use or parking of a motor vehicle in such a manner as to endanger persons or property or to obstruct the free and efficient movement of cargoes, the police may request the person involved to show good cause why any permit connected with his name should not be suspended for a period of 60 days. If good cause, substantial hardship, or special mitigation is not shown, the 60-day suspension becomes effective upon the date of the suspension order.
D. Revocation or Refusal of Permit Privileges.
(1) Permit privileges may be revoked or refused by the MPA Office of Security when:
(a) In the sole discretion of the MPA Office of Security, the revocation or refusal is warranted in the interest of the safety or security of a port facility, or of persons or property thereon, or any vessel secured thereto;
(b) The owner or operator of any motor vehicle issued a permit is convicted of two cited violations of these regulations within a 3-year period;
(c) The owner or operator of any motor vehicle issued a permit is charged with any of the following violations:
(i) A criminal violation involving the use or possession of a weapon;
(ii) A criminal violation involving theft;
(iii) Falsification of any information on the application for an identification badge or vehicle permit, or both;
(iv) Misuse of another person’s identification badge or vehicle permit, including but not limited to attempting to gain access to MPA property by using an identification badge or vehicle permit issued to another person; or
(d) The owner or operator of any motor vehicle issued a permit is convicted of any of the following violations:
(i) Failing or refusing to report any vehicle accident occurring on MPA property;
(ii) Failing or refusing to comply with a lawful order or direction of a MdTA Police officer;
(iii) Falsification of any information on the application for permit;
(iv) Failure to comply with any requirements of the permit application;
(v) Driving while intoxicated, ability impaired, or under the influence (Transportation Article, §21-902, Annotated Code of Maryland);
(vi) Fleeing or eluding police;
(vii) Operating while license is refused, suspended, or revoked;
(viii) Any criminal violation involving theft;
(ix) Any criminal violation involving the possession or use of any weapon;
(x) Failing to respond to citations issued under these regulations; or
(xi) Misuse of another person’s identification badge or vehicle permit, including but not limited to attempting to gain access to MPA property by using an identification badge or vehicle permit issued to another person.
(2) Within 15 calendar days after receipt of notification of revocation or refusal, a person may petition the MPA Office of Security for reconsideration of the revocation or refusal. Unless substantial hardship or special mitigation is shown, the permit shall be revoked or refused, and for a period of 1 year no further application for a permit made by that person, as owner or operator of any motor vehicle, will be favorably acted upon. The official records of the MVA, the State of Maryland Criminal Records Central Repository, the State of Maryland District and Circuit Courts, or the United States District Courts will suffice as evidence of convictions or violations under this chapter. This section does not bar the owners or operators of the vehicles for which the permits have been revoked or refused from entering the property of the MPA.
E. The procedures under this regulation shall be conducted in accordance with the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
F. A decision rendered under this regulation shall be consistent with the purpose of these regulations as stated in Transportation Article, §6-211, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1300)*
- *Administrative History: Chapter revised effective June 1, 1980 (7:11 Md. R. 1038)*
- *Administrative History: Regulation .02B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .03E amended effective February 24, 1986 (13:4 Md. R. 396)*
- *Administrative History: Regulation .05A amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .14B amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective May 8, 1995 (22:9 Md. R. 646)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .02B amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .03 amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525); January 5, 2015 (41:26 Md. R. 1570); September 29, 2025 (52:19 Md. R. 957)*
- *Administrative History: Regulation .04A, E amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .04E, F amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04H adopted effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B, C amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .05B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .07 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .08 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .09 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .09B amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .12 amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .13 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14A amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .14B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .14B, D amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Authority: Transportation Article, §§6-201 and 6-211, Annotated Code of Maryland*
## **11.05.04** Vessel Gaming Permits
##### **COMAR 11.05.04.01** Purpose. {#sec-11.05.04.01 omnilex-key=us-md-regs-official--title-11--11.05.04.01}
These regulations establish the procedures and requirements for obtaining a Vessel Gaming Permit, and set forth the information which the operator or owner of a passenger cruise vessel shall provide to the Maryland Port Administration (MPA) and the Maryland State Police (MSP) in order to apply for a Vessel Gaming Permit.
**History**
- *Administrative History: Effective date: November 18, 1977 (4:24 Md. R. 1807)*
- *Administrative History: Chapter, Operation of Vessels and Other Watercraft in Baltimore Harbor, repealed effective December 6, 1982 (9:24 Md. R. 2390)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.03, Vessel Gaming Permits, adopted effective January 31, 1994 (21:2 Md. R. 99)*
- *Administrative History: Regulation .03 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §6-209, Annotated Code of Maryland*
##### **COMAR 11.05.04.02** General. {#sec-11.05.04.02 omnilex-key=us-md-regs-official--title-11--11.05.04.02}
A. In order to conduct gaming aboard a vessel under the provisions of Transportation Article, §6-209, Annotated Code of Maryland, a vessel owner or operator shall obtain a Vessel Gaming Permit from the Maryland Port Administration.
B. The MPA is the sole judge as to whether a Vessel Gaming Permit shall be issued, and once issued, whether a Vessel Gaming Permit shall be withdrawn.
C. Failure to obtain a Vessel Gaming Permit from the MPA prohibits the vessel owner or operator from conducting or allowing any gaming operation on the vessel within the territorial waters of the State.
D. Conducting or allowing a gaming operation on a vessel within the territorial waters of the State without a Vessel Gaming Permit may subject the vessel owner or operator to criminal prosecution under the provisions of Criminal Law Article, §12-105, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: November 18, 1977 (4:24 Md. R. 1807)*
- *Administrative History: Chapter, Operation of Vessels and Other Watercraft in Baltimore Harbor, repealed effective December 6, 1982 (9:24 Md. R. 2390)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.03, Vessel Gaming Permits, adopted effective January 31, 1994 (21:2 Md. R. 99)*
- *Administrative History: Regulation .03 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §6-209, Annotated Code of Maryland*
##### **COMAR 11.05.04.03** Application and Permit. {#sec-11.05.04.03 omnilex-key=us-md-regs-official--title-11--11.05.04.03}
A. An applicant for a Vessel Gaming Permit shall complete a Vessel Gaming Permit Application, and submit two originally signed copies to the Manager of Cruise Marketing, Maryland Port Administration, World Trade Center, 401 East Pratt Street, Baltimore, Maryland 21202.
B. The MPA shall send one of the completed applications to the MSP for its review.
C. An application which has not been properly completed or is incomplete shall be rejected and returned to the applicant with the reasons for rejection.
D. Fee. Each applicant shall send a nonrefundable fee to the Maryland Port Administration with each application package. The application fee shall be reasonable and determined by, and in the sole discretion of, the MPA and may change annually.
E. Permit.
(1) Upon receipt of the application and fee, the MPA and the MSP shall conduct an inspection and investigation, and determine if the applicant qualifies for a Vessel Gaming Permit.
(2) If the permit is approved, the MPA shall issue the permit to the applicant.
(3) A Vessel Gaming Permit issued by the MPA shall be retained on the vessel specified in the permit.
(4) If the permit is not approved, the MPA shall notify the applicant of the reason for disapproval.
F. Vessel Gaming Permits shall be issued for a period not to exceed 1 year and shall only authorize gaming on the territorial waters of Maryland northeast to the Maryland-Delaware border and south to the Maryland-Virginia border if the vessel is:
(1) Underway;
(2) East of the Francis Scott Key Bridge; and
(3) Operating under an itinerary that either originates or terminates in a foreign port outside the continental United States.
G. Withdrawal of Permit.
(1) The MPA shall withdraw a Vessel Gaming Permit if the holder of the permit violates the provisions of Transportation Article, §6-209, Annotated Code of Maryland, or any other applicable gaming law of Maryland.
(2) The MPA shall withdraw a Vessel Gaming Permit only after:
(a) The MPA and the MSP conduct a joint investigation of the alleged violations of the provisions of Transportation Article, §6-209, Annotated Code of Maryland, or any other applicable gaming law of Maryland;
(b) The MPA provides the holder of a Vessel Gaming Permit with written notice of the holder's right to issue a written request for a hearing to be held before the Maryland Port Executive Director or the Executive Director's designee; and
(c) The Maryland Port Executive Director or the Executive Director's designee conducts a hearing in accordance with COMAR 11.01.14 if the holder of the Vessel Gaming Permit requests a hearing.
(3) If the Maryland Port Executive Director or the Executive Director's designee does not receive the permit holder's written request for a hearing within 30 days following the postmarked date of the MPA's written notice, the MPA may withdraw the permit without holding a hearing.
**History**
- *Administrative History: Effective date: November 18, 1977 (4:24 Md. R. 1807)*
- *Administrative History: Chapter, Operation of Vessels and Other Watercraft in Baltimore Harbor, repealed effective December 6, 1982 (9:24 Md. R. 2390)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.03, Vessel Gaming Permits, adopted effective January 31, 1994 (21:2 Md. R. 99)*
- *Administrative History: Regulation .03 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §6-209, Annotated Code of Maryland*
## **11.05.05** The World Trade Center Baltimore Building and Grounds
##### **COMAR 11.05.05.01** Application. {#sec-11.05.05.01 omnilex-key=us-md-regs-official--title-11--11.05.05.01}
This chapter applies to all persons using World Trade Center (WTC) Property in any manner, whether tenants, MPA employees, or members of the public, including visitors, invitees, deliverymen, contractors, and the like.
**History**
- *Administrative History: Effective date: March 24, 1978 (5:6 Md. R. 468)*
- *Administrative History: Chapter revised effective September 27, 1982 (9:19 Md. R. 1895)*
- *Administrative History: Regulation .02 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .08D and H amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulations .09B and .10A amended effective December 5, 1983 (10:24 Md. R. 2189)*
- *Administrative History: Regulation .10 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .01 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .04 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05D amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08G amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .10C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 4, 2014 (41:15 Md. R. 891)*
- *Authority: Transportation Article, §§6-101, 6-201, 6-201.2(b)(2), and 6-204(c)(i)(j) and (l), Annotated Code of Maryland; Executive Order 01.01.1992.20*
##### **COMAR 11.05.05.02** Definitions. {#sec-11.05.05.02 omnilex-key=us-md-regs-official--title-11--11.05.05.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “9/11 Memorial” means the marble plinth and the steel artifact from the World Trade Center New York mounted upon it located near the center of the WTC Plaza, the three limestone blocks from the Pentagon located at the east side of the WTC Plaza, the three black monoliths representing the crash of United Airlines Flight 93 at Shanksville, PA, also located at the east side of the WTC Plaza, and a stone marker on the east side of the WTC Plaza explaining the 9/11 Memorial. The term WTC Property includes the 9/11 Memorial.
(2) “Authorized” means acting under or pursuant to a written lease, contract, permit, or other evidence of right issued by the MPA or its building management contract.
(3) “Citation” has the meaning stated in COMAR 11.05.02.02B(2).
(4) “Commercial activity” means the exchange, trading, buying, hiring, selling, or peddling of commodities, goods, services, or property of any kind, or any revenue-producing activity.
(5) “Clients” means any persons or entities and their invited guests using the conference center on the 21st floor pursuant to a contract or agreement.
(6) “Emergency situations” means those conditions or situations resulting from fire, flood, riot, robbery, theft, weather, outages of power or public services, catastrophe or other cause, determined or reasonably apprehended by the MPA, MdTA Police, or authorized fire prevention officials to:
(a) Endanger the health, safety, or welfare of persons on WTC Property;
(b) Threaten the destruction, loss, or damage of public or private property located on WTC Property; or
(c) Disturb the normal and peaceful conduct of business activity on WTC Property.
(7) “Fire warden” means an individual within a tenant's premises and identified by the tenant as being responsible for assisting with evacuations in the event of a fire or other emergency.
(8) “MPA” means the Maryland Port Administration of the Maryland Department of Transportation, established by Transportation Article, §6-201, Annotated Code of Maryland.
(9) “MdTA Police” means Maryland Transportation Authority personnel designated as members of the police force under Transportation Article, §4-208, Annotated Code of Maryland.
(10) “Normal business hours” means 8 a.m. until 6 p.m., Monday through Friday, except legal holidays or as modified by postings at WTC entrances from time to time.
(11) “Tenants” means those persons or businesses, and their employees, occupying or using office or commercial space in the building pursuant to a lease, contract, or employment with the MPA.
(12) “Working days” means Monday through Friday, except legal holidays.
(13) “WTC” means The World Trade Center Baltimore.
(14) “WTC building” means the structure known as The World Trade Center Baltimore, located at 401 E. Pratt Street in the City of Baltimore, Maryland, including the open-air WTC Arcade located on the southern sides of the building at the lobby level.
(15) “WTC Plaza” means the area between the north side of the building and the access driveway on Pratt Street and bound on the east and west sides of the WTC property by the concrete plank drainage system (drain tile).
(16) “WTC Property” means the WTC building, the WTC Plaza, and all structures, and improvements to said property, and all WTC parking areas, which are owned, leased, operated by, or under the control of the MPA.
(17) “WTC Security” means MdTA Police or a security firm under contract or subcontract with the MPA.
**History**
- *Administrative History: Effective date: March 24, 1978 (5:6 Md. R. 468)*
- *Administrative History: Chapter revised effective September 27, 1982 (9:19 Md. R. 1895)*
- *Administrative History: Regulation .02 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .08D and H amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulations .09B and .10A amended effective December 5, 1983 (10:24 Md. R. 2189)*
- *Administrative History: Regulation .10 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .01 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .04 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05D amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08G amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .10C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 4, 2014 (41:15 Md. R. 891)*
- *Authority: Transportation Article, §§6-101, 6-201, 6-201.2(b)(2), and 6-204(c)(i)(j) and (l), Annotated Code of Maryland; Executive Order 01.01.1992.20*
##### **COMAR 11.05.05.03** Use of WTC Property. {#sec-11.05.05.03 omnilex-key=us-md-regs-official--title-11--11.05.05.03}
A. Those using the WTC building, whether tenants, clients, or members of the public, are subject to the security procedures adopted by the MPA to control access to and within the building.
B. The WTC building shall be open to tenants at all times, subject to WTC security procedures, except that the WTC building may be closed to tenants in emergency situations.
C. The area of the WTC building operated by the City of Baltimore as a public observation area on the 27th floor and the designated routes of access to that area, including the exhibit area on the east side of the WTC lobby are:
(1) Open to tenants and the public at the discretion of the MPA during the hours of operation established for those activities;
(2) Subject to WTC security procedures; and
(3) Closed to tenants and the public at all other times and in emergency situations.
D. Those areas of the WTC building operated as restaurants and shops and the designated routes of access to those areas are:
(1) Open to tenants and their invited guests at the discretion of the MPA during the hours of operations established for those activities subject to WTC security procedures; and
(2) Closed to tenants and their invited guests at all other times and in emergency situations.
E. The grounds which are part of the property are open to tenants, their invited guests, and the public at all times unless gated or posted as closed by the MPA, and shall be closed to tenants, their invited guests, and the public in emergency situations. The arcade on the waterside of the WTC shall be closed to the public by the MPA from time to time and in emergency situations.
**History**
- *Administrative History: Effective date: March 24, 1978 (5:6 Md. R. 468)*
- *Administrative History: Chapter revised effective September 27, 1982 (9:19 Md. R. 1895)*
- *Administrative History: Regulation .02 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .08D and H amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulations .09B and .10A amended effective December 5, 1983 (10:24 Md. R. 2189)*
- *Administrative History: Regulation .10 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .01 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .04 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05D amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08G amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .10C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 4, 2014 (41:15 Md. R. 891)*
- *Authority: Transportation Article, §§6-101, 6-201, 6-201.2(b)(2), and 6-204(c)(i)(j) and (l), Annotated Code of Maryland; Executive Order 01.01.1992.20*
##### **COMAR 11.05.05.04** Security. {#sec-11.05.05.04 omnilex-key=us-md-regs-official--title-11--11.05.05.04}
A. Security for WTC Property may be provided by the MdTA Police or the MdTA Police's designee, and any security firm under contract or subcontract with the MPA.
B. The MPA or the MdTA Police may:
(1) Establish and maintain a roster of persons authorized for regular access to the building;
(2) Issue WTC identification badges to persons authorized for regular access to the building;
(3) Issue WTC visitor badges to persons qualifying for temporary access to the building;
(4) Require that all persons in the building wear their WTC identification or visitor badges at all times while in the building;
(5) Restrict the access of persons within the building to certain areas as a condition of access;
(6) Refuse to grant access to or within the building to persons not qualifying for the access;
(7) Revoke the access of persons violating any of these regulations or the conditions of the granted access;
(8) Inspect any packages or parcels being brought into or taken from the building; and
(9) Issue or require tenants to issue property passes for equipment, supplies, or other material being brought into or taken from the building.
C. Individuals entering the building may be required to present valid picture identification to security personnel as a condition of access to the building.
D. Tenants entering or leaving the building may be required to register their arrivals and departures with security personnel.
E. Members of the public, including visitors, deliverymen, contractors, and others who have not been authorized for regular access to the building, may be required to register their arrivals and departures with the security personnel as a condition of access to the building. Access to tenant floors by deliverymen or couriers shall be limited to normal business hours only.
F. Persons entering or leaving the building may be required to pass through a metal-detection device or use other security devices as a condition of access to the building.
G. A person may not:
(1) Tamper or interfere with any monitoring, detection, security, or surveillance device on WTC Property;
(2) Tamper or interfere with the locks or closing mechanisms of any door, window, gate, or other opening on the WTC Property;
(3) Make, possess, use, or sell any forged, counterfeit, or falsely altered pass, permit, identification card, or badge, supposedly issued by or on behalf of the MPA; or
(4) Enter any posted restricted area of the building unless authorized by the MPA.
**History**
- *Administrative History: Effective date: March 24, 1978 (5:6 Md. R. 468)*
- *Administrative History: Chapter revised effective September 27, 1982 (9:19 Md. R. 1895)*
- *Administrative History: Regulation .02 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .08D and H amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulations .09B and .10A amended effective December 5, 1983 (10:24 Md. R. 2189)*
- *Administrative History: Regulation .10 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .01 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .04 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05D amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08G amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .10C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 4, 2014 (41:15 Md. R. 891)*
- *Authority: Transportation Article, §§6-101, 6-201, 6-201.2(b)(2), and 6-204(c)(i)(j) and (l), Annotated Code of Maryland; Executive Order 01.01.1992.20*
##### **COMAR 11.05.05.05** Fire Safety. {#sec-11.05.05.05 omnilex-key=us-md-regs-official--title-11--11.05.05.05}
A. In the event of a fire emergency or a fire drill, those on WTC Property shall obey the instructions of the MdTA Police, the MPA, and the responding authority.
B. Use of the elevators during a fire emergency or fire drill is prohibited, except when directed by the Baltimore City Fire Department.
C. A person may not tamper or interfere with fire-fighting equipment or fire-alarm systems, including detection and monitoring devices.
D. The MPA shall:
(1) Post evacuation routes;
(2) Provide copies of emergency procedures for fire wardens and assistants;
(3) Train fire wardens;
(4) Conduct periodic fire drills; and
(5) Make available a copy of the WTC Emergency Procedures upon request or on the MPA's internet website at www.marylandports.com.
E. WTC tenants shall:
(1) Appoint fire wardens;
(2) Identify to the MPA and the MdTA Police the names of any individuals who need special assistance; and
(3) Adhere to all MPA and MdTA Police requirements associated with emergency procedures and evacuations.
**History**
- *Administrative History: Effective date: March 24, 1978 (5:6 Md. R. 468)*
- *Administrative History: Chapter revised effective September 27, 1982 (9:19 Md. R. 1895)*
- *Administrative History: Regulation .02 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .08D and H amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulations .09B and .10A amended effective December 5, 1983 (10:24 Md. R. 2189)*
- *Administrative History: Regulation .10 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .01 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .04 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05D amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08G amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .10C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 4, 2014 (41:15 Md. R. 891)*
- *Authority: Transportation Article, §§6-101, 6-201, 6-201.2(b)(2), and 6-204(c)(i)(j) and (l), Annotated Code of Maryland; Executive Order 01.01.1992.20*
##### **COMAR 11.05.05.06** Preservation of Property. {#sec-11.05.05.06 omnilex-key=us-md-regs-official--title-11--11.05.05.06}
A. A person may not:
(1) Climb upon, damage, deface, destroy, disturb, harm, injure, remove, tamper with, or throw objects at or from any building, detection device, equipment, fixture, flower, improvement, marker, monitor, shrubbery, sign, structure, trees, or vegetation on WTC Property, unless authorized to do so by the MPA.
(2) Willfully abandon any personal property on WTC Property.
(3) Dump, deposit, throw, or leave, or cause or permit the dumping, depositing, placing, throwing, or leaving of litter on WTC Property, unless the litter is placed into a litter receptacle or container. The word “litter” means all rubbish, waste material, refuse, garbage, trash, debris, dead animals, or other discarded materials of every kind and description.
(4) Post, affix, or attach in any way any pamphlets, posters, handbills, signs, notices, or advertisements in or on any building, equipment, fixture, improvement, sign, structure, trees, or vehicles on WTC Property, unless authorized to do so by the MPA.
B. A person who violates this regulation, in addition to any other penalties prescribed in this chapter, shall be liable for any loss or damages to real or personal property caused by the violation.
**History**
- *Administrative History: Effective date: March 24, 1978 (5:6 Md. R. 468)*
- *Administrative History: Chapter revised effective September 27, 1982 (9:19 Md. R. 1895)*
- *Administrative History: Regulation .02 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .08D and H amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulations .09B and .10A amended effective December 5, 1983 (10:24 Md. R. 2189)*
- *Administrative History: Regulation .10 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .01 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .04 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05D amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08G amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .10C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 4, 2014 (41:15 Md. R. 891)*
- *Authority: Transportation Article, §§6-101, 6-201, 6-201.2(b)(2), and 6-204(c)(i)(j) and (l), Annotated Code of Maryland; Executive Order 01.01.1992.20*
##### **COMAR 11.05.05.07** Vehicles. {#sec-11.05.05.07 omnilex-key=us-md-regs-official--title-11--11.05.05.07}
A. Vehicles on WTC Property shall be operated in a safe and careful manner, complying with directions of the MPA, the MdTA Police, and posted signs.
B. Vehicles may not:
(1) Block or obstruct entrances, driveways, walks, or loading dock;
(2) Be parked in unauthorized locations, or in locations reserved for other persons;
(3) Be parked in the WTC parking areas or loading dock unless authorized by the MPA.
C. Vehicles, including motor vehicles, motorcycles, mopeds, skate boards, and bicycles, may not be operated on parts of WTC Property, WTC Plaza, and WTC Arcade unless authorized by the MPA or the MdTA Police.
D. The MdTA Police may issue permits or otherwise authorize vehicles to be parked in areas or for periods of time not otherwise permitted by this regulation.
E. Driving or parking is not allowed on the WTC Plaza without written authorization from the MPA. This authorization shall be granted sparingly.
**History**
- *Administrative History: Effective date: March 24, 1978 (5:6 Md. R. 468)*
- *Administrative History: Chapter revised effective September 27, 1982 (9:19 Md. R. 1895)*
- *Administrative History: Regulation .02 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .08D and H amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulations .09B and .10A amended effective December 5, 1983 (10:24 Md. R. 2189)*
- *Administrative History: Regulation .10 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .01 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .04 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05D amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08G amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .10C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 4, 2014 (41:15 Md. R. 891)*
- *Authority: Transportation Article, §§6-101, 6-201, 6-201.2(b)(2), and 6-204(c)(i)(j) and (l), Annotated Code of Maryland; Executive Order 01.01.1992.20*
##### **COMAR 11.05.05.08** Prohibited Activities. {#sec-11.05.05.08 omnilex-key=us-md-regs-official--title-11--11.05.05.08}
A. Disorderly conduct, or conduct which creates loud and unseemly noises, or profane cursing, swearing, or using of obscene language, or conduct which unreasonably disturbs the tenants or the public in the course of normal business activity on WTC Property, or which disturbs the peace, is prohibited.
B. Conduct which obstructs sidewalks, entrances, walkways, corridors, elevators, offices, stairways, or parking areas, or conduct which otherwise obstructs or hinders the tenants or the public in the course of normal business activity on WTC Property, is prohibited.
C. The possession or carrying, either openly or concealed, or the use or discharge of any weapon on WTC Property is prohibited, except for official purposes and by authorized personnel.
D. Commercial activity on WTC Property is prohibited, except when conducted by tenants within their leased or assigned spaces, or unless otherwise authorized by the MPA.
E. The solicitation of money or contributions, commercial solicitation, the display of commercial advertising, and the collection of private debts on WTC Property is prohibited, unless authorized by the MPA. This prohibition does not apply to fund-raising activities approved by tenants for their own leased or assigned spaces and approved by the MPA, or to personal notices posted by tenants or by their employees on authorized bulletin boards within the tenant's own leased or assigned spaces.
F. The possession or use of any controlled dangerous substances, or prescription drugs, except those prescribed by a physician and permitted by law, is prohibited. A person intoxicated by or under the influence of controlled dangerous substances or unauthorized prescription drugs may not be permitted on WTC Property, or be permitted to operate any vehicle on WTC Property.
G. The possession, in an open container, or the drinking of any alcoholic beverages while on WTC Property is prohibited, unless within the spaces leased or assigned to a tenant and authorized by that tenant. A person intoxicated by alcoholic beverages and endangering the safety of other persons or property or disturbing the tenants or the public may not be permitted on WTC Property, or be permitted to operate any vehicle on WTC Property.
H. Commercial photography and videotaping on WTC Property is prohibited, unless authorized by the MPA. News and other photography and videotaping on WTC Property shall be permitted, subject to these regulations, except that the photography and videotaping in the spaces leased or assigned to any tenant must be authorized by that tenant.
I. Riding or using skateboards or roller skates on WTC Property is prohibited.
J. Swimming, sunbathing, or fishing on or from WTC Property is prohibited.
K. Engaging in boating activities on or from WTC Property is prohibited, unless authorized by the MPA.
L. Dogs, cats, and other animals, except service animals, are prohibited on WTC Property, unless authorized by the MPA or the MdTA Police for official purposes.
M. Smoking or carrying lighted materials in the WTC building is prohibited. Employees or invitees of WTC tenants or occupants may not smoke on WTC Property within 50 feet of any entrance to the WTC.
**History**
- *Administrative History: Effective date: March 24, 1978 (5:6 Md. R. 468)*
- *Administrative History: Chapter revised effective September 27, 1982 (9:19 Md. R. 1895)*
- *Administrative History: Regulation .02 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .08D and H amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulations .09B and .10A amended effective December 5, 1983 (10:24 Md. R. 2189)*
- *Administrative History: Regulation .10 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .01 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .04 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05D amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08G amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .10C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 4, 2014 (41:15 Md. R. 891)*
- *Authority: Transportation Article, §§6-101, 6-201, 6-201.2(b)(2), and 6-204(c)(i)(j) and (l), Annotated Code of Maryland; Executive Order 01.01.1992.20*
##### **COMAR 11.05.05.09** First Amendment Activities. {#sec-11.05.05.09 omnilex-key=us-md-regs-official--title-11--11.05.05.09}
A. First Amendment Activities Covered by these Regulations.
(1) “Demonstration” means a gathering of persons for the purpose of expressing a group opinion to observers through use of their speech, signs, and/or expressive conduct, excluding expression of a message for commercial purposes.
(2) “Distribution” means the distribution of literature and materials for the exposition of ideas and opinions in the exercise of freedom of speech, association, assembly, and religion, but excluding purely commercial materials.
(3) “Solicitation” means the solicitation of funds on behalf of not-for-profit organizations for charitable, philanthropic, patriotic, political, or religious purposes, or the collection of petition signatures.
B. Demonstration, distribution, or solicitation shall be permitted on WTC Property only when authorized by the Administration and conducted in accordance with these regulations.
C. Permits and Restrictions.
(1) A group of 15 or more persons desiring to engage in demonstration, distribution, or solicitation on WTC Property, must first obtain a written permit from the Administration for the proposed activity and, having obtained a permit, is sometimes referred to herein as a “Permittee.”
(2) Permits shall be issued on a first-come, first-served basis.
(3) The MPA may charge a uniform fee for reviewing a permit application and granting a permit under this section. Upon request by the applicant, MPA may waive the fee based upon the ability of the applicant to pay the fee.
(4) These activities shall be confined to the WTC Plaza within areas designated by the Administration.
(5) These activities may not obstruct, delay, interfere with the free movement of, or impede any person, including, but not limited to pedestrians transiting the WTC Property, Tenants entering and exiting the WTC Building, or persons viewing or visiting the 9/11 Memorial. The Administration may designate and rope off reasonable ingress, egress, and public pedestrian routes.
(6) These activities shall be permitted only between 8 a.m. and 8 p.m., except that leafleting shall be permitted during large public events occurring in the Inner Harbor Park of Baltimore after 8 p.m.
(7) The number of participants in any permitted activity may be limited to a number reasonable under the circumstances, as determined by the Administration and the MDTA Police, to preserve safety, order, and ingress, egress, and public pedestrian routes.
(8) A person engaged in disorderly drinking as defined by the Baltimore City Police Ordinances or publically intoxicated as defined under Maryland law will not be permitted to participate in these activities.
(9) These activities shall be conducted in a peaceful and orderly manner. A person, group of persons, or organization participating in an activity may not:
(a) Impede, physically grasp at or touch Tenants, the public, or pedestrians using or transiting the WTC Property or viewing the 9/11 Memorial, or attach objects to their clothing without their consent;
(b) Engage in Aggressive Solicitation as defined by the Baltimore City Code or unlawful harassment;
(c) Engage in disorderly conduct;
(d) State or represent that he, she, or the organization is a representative of, or is otherwise affiliated with the Maryland Port Administration, the Maryland Department of Transportation, or the State of Maryland; or
(e) Unreasonably disturb WTC tenants or the public in the course of normal business activity or viewing of the 9/11 Memorial on WTC Property.
(10) A person, group of persons, or organization conducting an activity shall be responsible for maintaining the cleanliness of the WTC Property and for removing all litter attributable to their activities from the WTC Property before departure.
(11) Any person, organization, or other legal entity conducting an activity shall be responsible for any damages to any WTC Property, or to any other real or personal property, caused by that person’s, organization’s, or other legal entity’s actions, including, but not limited to any cleaning or repair costs incurred by MPA.
(12) Pamphlets, handbills, leaflets, signs, placards, posters, collection boxes or containers, and similar materials may not be left unattended on WTC Property.
(13) Electronic sound-amplifying equipment other than a battery operated handheld megaphone being used facing away from the plinth of the 9/11 Memorial may not be used in conducting these activities on WTC Property unless expressly authorized by MPA.
(14) A person, group of persons, or organization engaging in demonstration, distribution, or solicitation on WTC Property shall abide by the terms of the permit, this chapter, and local, State, and federal law.
**History**
- *Administrative History: Effective date: March 24, 1978 (5:6 Md. R. 468)*
- *Administrative History: Chapter revised effective September 27, 1982 (9:19 Md. R. 1895)*
- *Administrative History: Regulation .02 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .08D and H amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulations .09B and .10A amended effective December 5, 1983 (10:24 Md. R. 2189)*
- *Administrative History: Regulation .10 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .01 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .04 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05D amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08G amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .10C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 4, 2014 (41:15 Md. R. 891)*
- *Authority: Transportation Article, §§6-101, 6-201, 6-201.2(b)(2), and 6-204(c)(i)(j) and (l), Annotated Code of Maryland; Executive Order 01.01.1992.20*
##### **COMAR 11.05.05.10** Permits. {#sec-11.05.05.10 omnilex-key=us-md-regs-official--title-11--11.05.05.10}
A. The procedures in §C of this regulation shall be followed in applying for a permit to engage in demonstration, distribution, or solicitation on WTC Property.
B. In granting a permit, the WTC Manager shall exercise no discretion except as provided in these regulations.
C. Procedures.
(1) Any group or organization of 15 or more persons seeking to engage in demonstration, distribution, or solicitation on WTC Property must first obtain a written permit from the Administration.
(a) To obtain a permit, the applicant shall submit to the Administration during normal business hours a written permit application no later than 2 working days before the date requested for the activity. MPA will waive or lessen this 2-day requirement in order to permit first amendment activities that arise in response to imminent events.
(b) The application shall be on a form provided by the Administration that shall set forth the location where such permit application shall be filed.
(2) The application for the permit shall include:
(a) The full name, mailing address, telephone number, and email address of the person or organization applying for the permit, and, if a group or organization, the name, address, and telephone number of a designated representative;
(b) The full name, mailing address, telephone number, and email address of the person who will supervise and be responsible for the conduct of the proposed activities;
(c) The date and times of the proposed activity, provided that a permit will not be issued for any time between the hours of 8 p.m. and 8 a.m.;
(d) A brief description of the proposed activity, including the method of communication and which type of permit is requested, for example, whether for demonstration, distribution, or solicitation;
(e) The number of persons expected to participate; and
(f) The signature of the applicant.
(3) Application Review.
(a) The WTC Manager shall review each application promptly.
(b) If the application is incomplete, the WTC Manager shall make reasonable efforts to inform the applicant.
(c) If the application is complete, the WTC Manger shall forward the application to the MDTA Police, and the Administration Security Department for review, comment, and signature.
(4) A permit shall be issued unless the WTC Manager, the Administration, or the MDTA Police specifically finds:
(a) The information contained in the permit application is incomplete or contains material misrepresentations;
(b) The applicant refuses to sign the permit;
(c) The proposed activity interferes with a previously issued permit or scheduled event;
(d) An emergency situation exists;
(e) The proposed activity interferes materially with vehicular or pedestrian traffic, including viewing of the 9/11 Memorial;
(f) The proposed activity interferes materially with the normal business activities of WTC tenants;
(g) The proposed activity, on its face, violates any law, ordinance, or regulation of the federal, State, or Baltimore City governments; or
(h) The proposed activity reasonably appears to present a clear and present danger to the public safety, health welfare, or good order.
(5) The applicant shall sign the permit and return it to the offices of the WTC Manager at least 12 hours before the proposed activity. MPA will waive or lessen this twelve-hour requirement in order to permit first amendment activities that arise in response to imminent events.
D. A permit may be revoked at any time if the:
(1) Terms or conditions of the permit are violated;
(2) Activities or conduct of the Permittee present a clear and present danger to the public health, welfare, or safety; or
(3) Activities of the Permittee constitute a violation of any applicable law or regulation.
E. Appeal of Permit Decisions.
(1) Any person whose permit request is denied in full or in part, or revoked, may appeal the decision to the MPA Director of Commercial Management, by means of a letter stating the grounds therefore, within 5 working days of receiving a response from the WTC Manager.
(2) The MPA Director of Commercial Management shall review the initial permit decision and the appeal, and shall issue a written decision affirming the denial or challenged limitation, or granting or modifying the permit as requested, within 7 working days of receipt of such appeal.
(3) The MPA Director of Commercial Management’s decision shall be sent certified mail to the responsible person at the address provided, with a copy by email or fax, or both, when provided, and shall be effective upon such service.
(4) The MPA Director of Commercial Management’s decision shall constitute a final decision of the Administration, and may be appealed to an appropriate court as provided by law.
**History**
- *Administrative History: Effective date: March 24, 1978 (5:6 Md. R. 468)*
- *Administrative History: Chapter revised effective September 27, 1982 (9:19 Md. R. 1895)*
- *Administrative History: Regulation .02 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .08D and H amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulations .09B and .10A amended effective December 5, 1983 (10:24 Md. R. 2189)*
- *Administrative History: Regulation .10 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .01 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .04 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05D amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08G amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .10C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 4, 2014 (41:15 Md. R. 891)*
- *Authority: Transportation Article, §§6-101, 6-201, 6-201.2(b)(2), and 6-204(c)(i)(j) and (l), Annotated Code of Maryland; Executive Order 01.01.1992.20*
##### **COMAR 11.05.05.11** Refusal to Leave WTC Property Upon Request. {#sec-11.05.05.11 omnilex-key=us-md-regs-official--title-11--11.05.05.11}
The WTC Property is subject to Criminal Law Article, §6-409, Annotated Code of Maryland. A person refusing or failing to leave WTC Property, upon proper request to do so by an authorized agent of the MPA, shall be guilty of a misdemeanor, and upon conviction may be fined not more than $1,000 or imprisoned for not more than 6 months, or both.
**History**
- *Administrative History: Effective date: March 24, 1978 (5:6 Md. R. 468)*
- *Administrative History: Chapter revised effective September 27, 1982 (9:19 Md. R. 1895)*
- *Administrative History: Regulation .02 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .08D and H amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulations .09B and .10A amended effective December 5, 1983 (10:24 Md. R. 2189)*
- *Administrative History: Regulation .10 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .01 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .04 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05D amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08G amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .10C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 4, 2014 (41:15 Md. R. 891)*
- *Authority: Transportation Article, §§6-101, 6-201, 6-201.2(b)(2), and 6-204(c)(i)(j) and (l), Annotated Code of Maryland; Executive Order 01.01.1992.20*
##### **COMAR 11.05.05.12** Penalties. {#sec-11.05.05.12 omnilex-key=us-md-regs-official--title-11--11.05.05.12}
A. An MdTA Police officer may arrest violators and issue citations for violations of the regulations in this chapter. Violations are considered misdemeanors and a conviction may result in penalties in accordance with Transportation Article, §6-602, Annotated Code of Maryland.
B. Except as otherwise provided by law or by these regulations, the maximum penalties for violating any of the regulations in this chapter are a fine of $500 or imprisonment for not more than 1 year, or both.
**History**
- *Administrative History: Effective date: March 24, 1978 (5:6 Md. R. 468)*
- *Administrative History: Chapter revised effective September 27, 1982 (9:19 Md. R. 1895)*
- *Administrative History: Regulation .02 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .08D and H amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulations .09B and .10A amended effective December 5, 1983 (10:24 Md. R. 2189)*
- *Administrative History: Regulation .10 amended effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 5, 1998 (25:20 Md. R. 1532)*
- *Administrative History: Regulation .01 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .02 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .04 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .05D amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .06A amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .07 amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .08G amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .09B amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .10C amended effective February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective August 4, 2014 (41:15 Md. R. 891)*
- *Authority: Transportation Article, §§6-101, 6-201, 6-201.2(b)(2), and 6-204(c)(i)(j) and (l), Annotated Code of Maryland; Executive Order 01.01.1992.20*
## **11.05.06** Deposit of Dredged Materials on Administration Property
##### **COMAR 11.05.06.01** Scope. {#sec-11.05.06.01 omnilex-key=us-md-regs-official--title-11--11.05.06.01}
These regulations govern the deposit by any person of dredged material on property owned, leased, or operated by the Maryland Port Administration.
**History**
- *Administrative History: Effective date: June 7, 1982 (9:11 Md. R. 1128)*
- *Administrative History: Regulation .02 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429); July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: Regulation .03B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04A amended effective October 15, 1990 (17:20 Md. R. 2429); July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: Regulation .04D adopted effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .05 amended effective August 27, 1984 (11:17 Md. R. 1492);*
- *Administrative History: October 15, 1990 (17:20 Md. R. 2429); April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .06 amended effective July 3, 1995 (22:13 Md. R. 968); April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §6-204, Annotated Code of Maryland*
##### **COMAR 11.05.06.02** Intent. {#sec-11.05.06.02 omnilex-key=us-md-regs-official--title-11--11.05.06.02}
These regulations are intended to enable the Maryland Port Administration to enhance the flow of international and interstate commerce through the Port of Baltimore by making available certain portions of its property for use, to the extent available, as containment sites for dredged material generated by maritime businesses located in and around the Port of Baltimore.
**History**
- *Administrative History: Effective date: June 7, 1982 (9:11 Md. R. 1128)*
- *Administrative History: Regulation .02 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429); July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: Regulation .03B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04A amended effective October 15, 1990 (17:20 Md. R. 2429); July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: Regulation .04D adopted effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .05 amended effective August 27, 1984 (11:17 Md. R. 1492);*
- *Administrative History: October 15, 1990 (17:20 Md. R. 2429); April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .06 amended effective July 3, 1995 (22:13 Md. R. 968); April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §6-204, Annotated Code of Maryland*
##### **COMAR 11.05.06.03** Definitions. {#sec-11.05.06.03 omnilex-key=us-md-regs-official--title-11--11.05.06.03}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Dredged material” means material excavated or dredged from the waters of the State.
(2) “Facility” means a containment structure intended for the confinement of dredged material, located on property owned, leased, or operated by the MPA.
(3) “MPA” means the Maryland Port Administration.
(4) “Person” means:
(a) An individual or a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, or association;
(b) Two or more persons having a joint or common interest; or
(c) Any other legal or commercial entity.
(5) “Port of Baltimore” means the Patapsco River and its tributaries lying west of a line extending from Rock Point in Anne Arundel County to North Point in Baltimore County.
**History**
- *Administrative History: Effective date: June 7, 1982 (9:11 Md. R. 1128)*
- *Administrative History: Regulation .02 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429); July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: Regulation .03B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04A amended effective October 15, 1990 (17:20 Md. R. 2429); July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: Regulation .04D adopted effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .05 amended effective August 27, 1984 (11:17 Md. R. 1492);*
- *Administrative History: October 15, 1990 (17:20 Md. R. 2429); April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .06 amended effective July 3, 1995 (22:13 Md. R. 968); April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §6-204, Annotated Code of Maryland*
##### **COMAR 11.05.06.04** Deposit of Dredged Material. {#sec-11.05.06.04 omnilex-key=us-md-regs-official--title-11--11.05.06.04}
A. As a condition of and before depositing dredged material in a facility, a person shall:
(1) Obtain, at the person's own cost and expense, and keep in force until depositing is completed, all permits and certifications necessary for dredging or deposit of dredged material;
(2) Submit to the Deputy Director for Harbor Development for approval plans and specifications detailing the proposed construction or depositing to be performed, with those plans and specifications containing, at a minimum:
(a) The quantity of material to be deposited;
(b) The method of delivery of the material;
(c) The method of depositing and spreading the material;
(d) Any dike construction, reconstruction, or sloping made necessary by the depositing;
(e) Any seeding or mulching of the dike, if necessary; and
(f) Any other information reasonably required by the Deputy Director for Harbor Development to evaluate the proposed construction or depositing;
(3) Submit to the Deputy Director for Harbor Development a complete chemical and physical analysis of the material to be deposited in the facility;
(4) Submit to the Deputy Director for Harbor Development an accounting system capable of calculating, in a manner satisfactory to the MPA, the quantity of dredged material being deposited;
(5) Execute an agreement in a form satisfactory to the MPA.
B. Material containing any substance in sufficient concentration to be designated as hazardous by applicable federal, State, or local law or regulation may not be deposited in a facility.
C. The MPA shall inspect, monitor, and approve or disapprove the methods of disposal of dredged material in a facility.
D. Final acceptance of dredged material going into a facility is at the sole discretion of the MPA.
**History**
- *Administrative History: Effective date: June 7, 1982 (9:11 Md. R. 1128)*
- *Administrative History: Regulation .02 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429); July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: Regulation .03B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04A amended effective October 15, 1990 (17:20 Md. R. 2429); July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: Regulation .04D adopted effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .05 amended effective August 27, 1984 (11:17 Md. R. 1492);*
- *Administrative History: October 15, 1990 (17:20 Md. R. 2429); April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .06 amended effective July 3, 1995 (22:13 Md. R. 968); April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §6-204, Annotated Code of Maryland*
##### **COMAR 11.05.06.05** Fee. {#sec-11.05.06.05 omnilex-key=us-md-regs-official--title-11--11.05.06.05}
The fee for depositing dredged material in a facility shall be a reasonable fee, to be determined by, and in the sole discretion of, the MPA, of not less than $2 per cubic yard. If the fee is in the form of an exchange of property, goods, or services, or all of these, it requires the approval of the Maryland Port Commission.
**Cross References**
11.05.06.06
**History**
- *Administrative History: Effective date: June 7, 1982 (9:11 Md. R. 1128)*
- *Administrative History: Regulation .02 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429); July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: Regulation .03B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04A amended effective October 15, 1990 (17:20 Md. R. 2429); July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: Regulation .04D adopted effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .05 amended effective August 27, 1984 (11:17 Md. R. 1492);*
- *Administrative History: October 15, 1990 (17:20 Md. R. 2429); April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .06 amended effective July 3, 1995 (22:13 Md. R. 968); April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §6-204, Annotated Code of Maryland*
##### **COMAR 11.05.06.06** Exceptions. {#sec-11.05.06.06 omnilex-key=us-md-regs-official--title-11--11.05.06.06}
The fee requirements as set forth in Regulation .05 of this chapter do not apply to the MPA or its contractors or subcontractors, or other agencies of the State.
**History**
- *Administrative History: Effective date: June 7, 1982 (9:11 Md. R. 1128)*
- *Administrative History: Regulation .02 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429); July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: Regulation .03B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04A amended effective October 15, 1990 (17:20 Md. R. 2429); July 3, 1995 (22:13 Md. R. 968)*
- *Administrative History: Regulation .04D adopted effective October 15, 1990 (17:20 Md. R. 2429)*
- *Administrative History: Regulation .05 amended effective August 27, 1984 (11:17 Md. R. 1492);*
- *Administrative History: October 15, 1990 (17:20 Md. R. 2429); April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .06 amended effective July 3, 1995 (22:13 Md. R. 968); April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §6-204, Annotated Code of Maryland*
## **11.05.07** Maryland Port Terminals, Properties, and Vessels Security
##### **COMAR 11.05.07.01** Application. {#sec-11.05.07.01 omnilex-key=us-md-regs-official--title-11--11.05.07.01}
This chapter applies to all users, as defined in Regulation .02 of this chapter.
**History**
- *Administrative History: Effective date: February 26, 2007 (34:4 Md. R. 401)*
- *Administrative History: Regulation .02B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .03A amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .03B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .03C adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04A, D amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .05 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §6-204, Annotated Code of Maryland*
##### **COMAR 11.05.07.02** Definitions. {#sec-11.05.07.02 omnilex-key=us-md-regs-official--title-11--11.05.07.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Citation” has the meaning stated in COMAR 11.05.03.02B(2).
(2) “MPA property” has the meaning stated in COMAR 11.05.03.02B(9).
(3) “Port facilities” has the meaning stated in COMAR 11.05.03.02B(11).
(4) “Terminals” means those portions of port facilities, including but not limited to the piers, wharves, bulkheads, docks, banks, and other facilities, under the control of the MPA including but not limited to:
(a) Childs Street (Pier 4);
(b) Clinton Street (Pier 1);
(c) Cox Creek;
(d) Dundalk Marine Terminal;
(e) Fairfield Automobile Terminal;
(f) Hawkins Point Marine Terminal;
(g) Locust Point Marine Terminal—North;
(h) Locust Point Marine Terminal—South;
(i) Masonville Marine Terminal; and
(j) Seagirt Marine Terminal.
(5) “TWIC” means the Transportation Worker Identification Credential issued by the federal government pursuant to Title 49 Code of Federal Regulations and Navigation and Inspection Circular 03-07.
(6) “User” means an ocean carrier, rail carrier, lighter operator, motor carrier, custom house broker, independent contractor, stevedore, freight forwarder, shipper, consignee, or other user of, or person present on MPA property or within 100 feet of port facilities or any vessel secured thereto, including but not limited to agents, servants, employees, tenants, subtenants, customers, and any commercial or social invitees of any of the aforesaid parties or entities.
**Cross References**
11.05.07.01
**History**
- *Administrative History: Effective date: February 26, 2007 (34:4 Md. R. 401)*
- *Administrative History: Regulation .02B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .03A amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .03B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .03C adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04A, D amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .05 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §6-204, Annotated Code of Maryland*
##### **COMAR 11.05.07.03** Security. {#sec-11.05.07.03 omnilex-key=us-md-regs-official--title-11--11.05.07.03}
A. Security-Based Entry and Exclusion.
(1) The MPA may enter a user's premises on a port facility at any time to address any matter that, in the MPA's sole discretion, warrants such entry in the interest of the safety or security of a port facility, person, or property thereon, or any vessel secured thereto.
(2) The MPA may bar any user from entering any premises on a port facility, including that leased to the user, if, in the MPA's sole discretion, the bar is warranted in the interest of the safety or security of a port facility, person, or property thereon, or any vessel secured thereto.
(3) The MPA may revoke the authorization of any user to enter any premises on a port facility, including that leased to the user, if the person is charged with:
(a) A criminal violation involving the use or possession of a weapon;
(b) A criminal violation involving theft;
(c) Falsification of any information on the application for an identification badge or vehicle permit, or both; or
(d) Misuse of another person’s identification card or vehicle permit, including but not limited to attempting to gain access to MPA property by using an identification card or vehicle permit issued to another person.
(4) The revocation will remain in effect:
(a) From the date charges are filed until the charges are adjudicated;
(b) For a period of 1 year from the date of a guilty plea, judgment of guilt, or acceptance of probation before judgment; or
(c) Permanently from the date of a guilty plea, judgment of guilt, or acceptance of probation before judgment for a second or subsequent offense under these regulations.
B. Access.
(1) Entry onto MPA property is not allowed without prior MPA approved access, MPA approved identification, and a valid business purpose.
(2) Anyone who enters MPA terminals shall have and display either a TWIC card or an MPA approved visitor credential.
(3) All persons shall comply with Navigation and Inspection Circular 03-07, regarding escorts of visitors while entering or while on any MPA facility.
(4) A vessel not authorized in advance by the MPA may not approach or dock at a port facility at any time.
(5) Authorized vessels wishing to approach or dock at a port facility shall give 24 hours advance notice by calling Maryland Transportation Authority (MdTA) Police at (410) 633-1119.
C. Exceptions. Bona fide law enforcement, fire, or emergency medical service personnel are exempt from these entry regulations when performing their official duties and in possession of an approved identification.
**History**
- *Administrative History: Effective date: February 26, 2007 (34:4 Md. R. 401)*
- *Administrative History: Regulation .02B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .03A amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .03B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .03C adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04A, D amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .05 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §6-204, Annotated Code of Maryland*
##### **COMAR 11.05.07.04** Prohibited Activities. {#sec-11.05.07.04 omnilex-key=us-md-regs-official--title-11--11.05.07.04}
A. A user, an employee or invitee of a user, or any other person may not:
(1) On port facilities or MPA property:
(a) Provide false information to gain access to a terminal or to cargo;
(b) Violate, interfere with, tamper with, or otherwise attempt to circumvent any security procedures of the MPA;
(c) Violate any State or federal statute or regulation; or
(d) Hunt or discharge firearms; or
(2) Within 100 feet of a port facility when not occupied by a vessel or within 100 feet of any vessel moored to a port facility:
(a) Swim, dive, or wade;
(b) Fish or crab; or
(c) Engage in recreational boating.
B. A user, or an employee or invitee of the user, or any other person may not do any of the following on port facilities or MPA property, without express written authorization by the MPA:
(1) Deliver, receive, or remove cargo or equipment to or from a port facility without following established procedures;
(2) Damage or remove property of the MPA or any user without authorization by the owner of the property or the owner's designee;
(3) Dump personal trash, waste, or any other material;
(4) Possess weapons or firearms;
(5) Fish or crab;
(6) Swim or dive; or
(7) Operate, park, or store vehicles off-road.
C. Film, videotape, or other image-retention media used on a terminal to capture images of security sensitive sites, restricted areas or other critical infrastructure regulated by 33 CFR, §105.260 and that the MPA Office of Security or the MdTA Police, in its sole discretion, determines to constitute a breach of security, shall be subject to confiscation. Confiscation and retention of property under this section shall be performed in accordance with MdTA Police procedures.
D. Except as provided in §C of this regulation, and only with advance notice to the MPA Office of Security, photography, filming, or video camera use is permitted by:
(1) Law enforcement officers or employees of other government agencies including but not limited to the United States Coast Guard, United States Department of Homeland Security, MdTA Police, and the Baltimore City Police Department for law enforcement or homeland security purposes;
(2) MPA employees within the scope of their employment;
(3) Exclusive representative of employees under State Personnel and Pensions Article, Title 3, Annotated Code of Maryland, to protect the health and safety of employees;
(4) Ocean carriers, rail carriers, lighter operators, motor carriers, custom house brokers, independent contractors, stevedores, freight forwarders, shippers, consignees, or other users of port facilities, including but not limited to agents, servants, employees, tenants, subtenants, customers, and any commercial or social invitees of any of the aforesaid parties or entities as part of their legitimate business activities on MPA property; and
(5) Members of the news media or others persons who have received advance authorization from the MPA.
**History**
- *Administrative History: Effective date: February 26, 2007 (34:4 Md. R. 401)*
- *Administrative History: Regulation .02B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .03A amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .03B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .03C adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04A, D amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .05 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §6-204, Annotated Code of Maryland*
##### **COMAR 11.05.07.05** Violations and Penalties. {#sec-11.05.07.05 omnilex-key=us-md-regs-official--title-11--11.05.07.05}
A. An MdTA Police officer may arrest violators and issue citations for violations of the regulations in this chapter. Violations are considered misdemeanors and conviction may result in penalties in accordance with Transportation Article, §6-602, Annotated Code of Maryland.
B. Maximum penalties for violating any of these regulations are a fine of $500 or imprisonment for not more than 1 year, or both.
**History**
- *Administrative History: Effective date: February 26, 2007 (34:4 Md. R. 401)*
- *Administrative History: Regulation .02B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .03A amended effective January 5, 2015 (41:26 Md. R. 1570)*
- *Administrative History: Regulation .03B amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .03C adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .04A, D amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Administrative History: Regulation .05 amended effective April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §6-204, Annotated Code of Maryland*
## **11.06.01** Free Speech Activities on Maryland Transit Administration Premises
##### **COMAR 11.06.01.01** Application. {#sec-11.06.01.01 omnilex-key=us-md-regs-official--title-11--11.06.01.01}
These regulations apply to all persons engaging in free speech activities, as defined in this chapter, on MTA premises. These regulations are necessary to preserve the facilities of MTA for their dedicated purpose, to provide for the safe and efficient operation of the MTA system, and to provide guidance on the use of available MTA facilities for non-MTA purposes. In the event of any conflict between the provisions of this chapter and applicable federal laws and regulations, the provisions of the federal laws and regulations shall control to the extent of that conflict.
**History**
- *Administrative History: Effective date: January 27, 1986 (13:2 Md. R. 137)*
- *Administrative History: Chapter revised effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .01A amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .03B amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.12 repealed and new Regulations .01—.06 adopted effective September 20, 2010 (37:19 Md. R. 1284)*
- *Authority: Transportation Article, §7-204(c), Annotated Code of Maryland*
##### **COMAR 11.06.01.02** Definitions. {#sec-11.06.01.02 omnilex-key=us-md-regs-official--title-11--11.06.01.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Maryland Transit Administration of the Department of Transportation established pursuant to Transportation Article, §7-201, Annotated Code of Maryland.
(2) “Administrator” means the Maryland Transit Administrator, whose office is established pursuant to Transportation Article, §7-202, Annotated Code of Maryland, or the Administrator's designee.
(3) “Authorized” means acting under or pursuant to a written contract, permit, or other evidence of right issued by the MTA.
(4) “Bus” means a motor vehicle that is designed and used to carry people, is operated by the MTA on a fixed route and predetermined schedule, or is operated under contract to MTA by an authorized private carrier.
(5) “Commercial speech” means expression related solely to the economic interests of the speaker and its audience. Commercial speech does not include transactions related to any free speech activity as defined herein.
(6) “Department” means the Maryland Department of Transportation established pursuant to Transportation Article, §2-101, Annotated Code of Maryland.
(7) “Emergency” means those conditions or situations resulting from fire, flood, riot, unusual congested conditions, weather, labor strikes or walkouts, outages of power or public services, catastrophe, emergency security measures, or other causes determined by the Governor, the Secretary of the Maryland Department of Transportation, the Administrator, the MTA Chief of Police, or the MTA Manager of Safety and Risk Management to endanger the health, safety, or welfare of persons using MTA services or MTA employees on or upon MTA facilities and equipment, or the MTA facilities and equipment themselves.
(8) “Free area” means those portions of MTA facilities open to the general public during such time the facility is open to the general public, but does not include the portion of any area of a MTA facility beyond or inside the turnstile or fare gates and any area within 15 feet of an escalator, elevator, tracks, emergency exit, stairway, fare gate, kiosk, ticket vending machine, money changer, information center, main terminal entrance, locations where transit patrons are in line, or bus stop or shelter.
(9) “Free speech activity” means any manner of organized exercise of rights and privileges that deal with political, religious, or social matters and are noncommercial.
(10) “Group of individuals” means three or more individuals.
(11) “Light Rail” means the light rail line owned and operated by MTA in Baltimore County, Baltimore City, and Anne Arundel County.
(12) “MARC” means commuter rail service operated under contract to the Maryland Transit Administration.
(13) “Metro” means the heavy rail subway line operated by MTA in Baltimore County and Baltimore City.
(14) “MTA” means the Maryland Transit Administration of the Department of Transportation established pursuant to Transportation Article, §7-201, Annotated Code of Maryland.
(15) “MTA facility” or “MTA facilities” mean all property owned, leased, operated, or controlled, whether by ownership or easement, by the MTA in connection with its operation of transit service, and includes any one or more or combination of tracks, rights-of-way, bridges, tunnels, subways, rolling stock, stations, terminals, parking areas, equipment, fixtures, buildings, structures, other real or personal property, and services incidental to or used or designed for use in connection with the rendering of transit service by any means, including rail, bus, motor vehicle, or other mode of transportation.
(16) “MTA service” means transportation by means of transit vehicles or through transit facilities of persons and their packages in service operated by MTA, or by an entity under contract to MTA.
(17) “Persons” means any individual, organization, firm, partnership, corporation, company, association, or joint stock association, and includes any trustee, receiver, committee, assignee, or other representative of them.
(18) “Solicit or solicitation” means requesting transit patrons give alms, funds, donations, contributions, signatures, personal information, or other information for a non-MTA purpose.
(19) “Transit patron” means a person in and upon any MTA facility or equipment for the purpose of using available public transportation service.
(20) “Transit vehicle” means a mobile device used in rendering transit service.
**History**
- *Administrative History: Effective date: January 27, 1986 (13:2 Md. R. 137)*
- *Administrative History: Chapter revised effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .01A amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .03B amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.12 repealed and new Regulations .01—.06 adopted effective September 20, 2010 (37:19 Md. R. 1284)*
- *Authority: Transportation Article, §7-204(c), Annotated Code of Maryland*
##### **COMAR 11.06.01.03** Free Speech Activity. {#sec-11.06.01.03 omnilex-key=us-md-regs-official--title-11--11.06.01.03}
A. A person desiring to have a group of individuals engage in free speech activity on, in, or within an MTA facility shall notify the MTA Office of Customer Information of the intent to do so at least 5 weekdays in advance of the event to permit MTA ample time to ensure availability of free space, and allocate sufficient resources to maintain efficient operations.
B. Notification of the intent to conduct a free speech activity in, on or within an MTA facility shall be submitted to the MTA Office of Customer Information on a form prescribed by the Administrator. The form shall be available at www.mta.maryland.gov or obtained from the MTA Office of Customer Information. The form shall be submitted online or sent to the MTA Office of Customer Information at 6 St. Paul Street, Baltimore, Maryland 21202. Each notification shall include:
(1) The full name, mailing address, and telephone number of the persons:
(a) Sponsoring, promoting, or conducting the proposed activities; and
(b) Supervising and responsible for the proposed activity;
(2) If the persons engaging in free speech activities are doing so on behalf of an organization, the name of that organization;
(3) If the group is an organization which is required to have a resident agent in Maryland, the name of resident agent in Maryland;
(4) A description of the proposed activities indicating the method of communication to be involved;
(5) The locations, dates, and times of the intended activity;
(6) The number of persons anticipated to be engaged in the activities at each MTA facility sought to be used; and
(7) The specific MTA service or facility sought to be used for the planned free speech activity.
C. Within 3 weekdays from receipt of a notification of intent to conduct a free speech activity, the MTA Office of Customer Information shall contact the person making the notification and inform the person whether there are any conflicts with other events or users for the free area.
D. Limitations.
(1) Free speech activity may only be exercised in free areas in the MTA facility identified in the notification.
(2) Free speech activity may only occur during times the MTA facility is open to the general public.
(3) In conducting a free speech activity at, on, or in an MTA facility, a person may not:
(a) Erect a table, chair, booth, or other structure;
(b) Distribute food, drink, or tobacco products;
(c) Post any commercial signs, advertisements, circulars, or printed material;
(d) Carry any signs or placards that are more than 18'' by 18'' or are affixed to a pole;
(e) Affix any material to any part of the MTA facility including its fixtures and temporary structures; or
(f) Permit leaflets or other printed material to be left unattended.
(4) Persons engaged in free speech activity may not intentionally touch or make physical contact with another person unless that other person has consented to physical contact.
**History**
- *Administrative History: Effective date: January 27, 1986 (13:2 Md. R. 137)*
- *Administrative History: Chapter revised effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .01A amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .03B amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.12 repealed and new Regulations .01—.06 adopted effective September 20, 2010 (37:19 Md. R. 1284)*
- *Authority: Transportation Article, §7-204(c), Annotated Code of Maryland*
##### **COMAR 11.06.01.04** Solicitation on MTA Vehicles Prohibited. {#sec-11.06.01.04 omnilex-key=us-md-regs-official--title-11--11.06.01.04}
A person may not solicit transit patrons on any vehicle owned and operated by the MTA or under contract to the MTA. This prohibition includes, but is not limited to, the solicitation of alms, funds, donations, contributions, signatures, personal information, or other information for non-MTA purposes.
**History**
- *Administrative History: Effective date: January 27, 1986 (13:2 Md. R. 137)*
- *Administrative History: Chapter revised effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .01A amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .03B amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.12 repealed and new Regulations .01—.06 adopted effective September 20, 2010 (37:19 Md. R. 1284)*
- *Authority: Transportation Article, §7-204(c), Annotated Code of Maryland*
##### **COMAR 11.06.01.05** Emergencies. {#sec-11.06.01.05 omnilex-key=us-md-regs-official--title-11--11.06.01.05}
A. The Governor, Secretary of the Maryland Department of Transportation, Administrator, MTA Chief of Police, or the MTA Manager of Safety and Risk Management may declare an emergency.
B. In the event of an emergency:
(1) An announcement shall be made;
(2) All free speech activities shall cease for the duration of the emergency; and
(3) Non-MTA use of MTA facilities shall not resume until authorized by the Administrator.
C. MTA assumes no liability for any losses resulting from a suspension of free speech activity due to an emergency.
**History**
- *Administrative History: Effective date: January 27, 1986 (13:2 Md. R. 137)*
- *Administrative History: Chapter revised effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .01A amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .03B amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.12 repealed and new Regulations .01—.06 adopted effective September 20, 2010 (37:19 Md. R. 1284)*
- *Authority: Transportation Article, §7-204(c), Annotated Code of Maryland*
##### **COMAR 11.06.01.06** Distribution of Printed Matter. {#sec-11.06.01.06 omnilex-key=us-md-regs-official--title-11--11.06.01.06}
The following guidelines apply to the sale or distribution of printed matter to the general public from vending or distribution machines located upon a MTA facility:
A. A person may not engage in a sale without the prior approval of, and being subject to the terms and conditions prescribed by, the Administrator.
B. A person desiring to place and operate a vending machine for the sale or distribution of printed material to the general public upon MTA stations and premises shall first obtain a written permit from the Administrator or his designee.
C. Permit applications shall be approved on a first-come, first-served basis. The number of permits at any station entrance shall be governed by the area deemed available by the Administrator or the Administrator's designee to accommodate the vending machines, yet preserve the safe, free, and orderly flow of transit and rail patrons' ingress and egress at the MTA station entrances and exits. Vending machines shall be located where designated by the Administrator or the Administrator's designee.
D. Chaining or anchoring of any vending machines to MTA station facilities is not permitted.
E. Vending machines may display signs pertaining only to the publication and may not carry any other advertising messages.
F. To assure maximum use of the available station entrance areas for commercial speech vending machine permits, vending machines shall be not larger than absolutely necessary to accommodate the printed matter to be sold or distributed.
G. Permits shall require that all wrappings, bindings, and similar materials peculiar to the vending operation be collected and removed by the person carrying out the vending activity.
H. Permits shall require that vending machines be kept and maintained in a neat and clean condition by the permittee.
I. Permits may be revoked for noncompliance with or any violation of this regulation.
J. MTA assumes no liability or responsibility of any nature for damage, destruction, loss, or theft of the vending machines, including the contents of them.
K. Permits, to be valid, shall be:
(1) Signed by the permittee and the MTA; and
(2) On a month-to-month basis, subject to cancellation or revocation, upon cause and written notice.
**History**
- *Administrative History: Effective date: January 27, 1986 (13:2 Md. R. 137)*
- *Administrative History: Chapter revised effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .01A amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .03B amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.12 repealed and new Regulations .01—.06 adopted effective September 20, 2010 (37:19 Md. R. 1284)*
- *Authority: Transportation Article, §7-204(c), Annotated Code of Maryland*
## **11.06.02** Parking and Control of Vehicles on Maryland Transit Administration Property
##### **COMAR 11.06.02.01** Scope. {#sec-11.06.02.01 omnilex-key=us-md-regs-official--title-11--11.06.02.01}
These regulations govern the parking and operation of motor vehicles on Maryland Transit Administration (MTA) property, the towing and impoundment of motor vehicles improperly parked or abandoned on MTA property, the removal and storage of unauthorized articles and pieces of equipment improperly placed or abandoned on MTA property, and the sale and final disposition by the MTA of motor vehicles, unauthorized articles, and pieces of equipment so impounded or removed.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.11 adopted as an emergency provision effective November 21, 1983 (10:25 Md. R. 2262); emergency status expired March 20, 1984; adopted permanently effective March 26, 1984 (11:6 Md. R. 555)*
- *Administrative History: Regulation .01 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .04B amended effective November 6, 1995 (22:22 Md. R. 1667); April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .05Q amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .05S amended effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .05T adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .08I repealed effective December 31, 2018 (45:26 Md. R. 1247)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .11 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .12 adopted effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .12A amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Authority: Transportation Article, §§7-204(c), 7-707, 25-204, 25-206.1, and 25-206.2, Annotated Code of Maryland*
##### **COMAR 11.06.02.02** Intent. {#sec-11.06.02.02 omnilex-key=us-md-regs-official--title-11--11.06.02.02}
These regulations are intended to enable the MTA to regulate and control the flow and parking of motor vehicles by transit patrons upon MTA property, including bus and rapid transit sites. Improperly parked and abandoned motor vehicles, unauthorized articles, and pieces of equipment upon MTA property constitute a public nuisance contrary to the general health, safety, and welfare of the public, deny transit patrons the right to fully use the public transit service offered and made available by the MTA and, likewise, deny MTA employees the ability to preserve and maintain the orderly control and use of MTA facilities and prevent congestion and traffic hazards.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.11 adopted as an emergency provision effective November 21, 1983 (10:25 Md. R. 2262); emergency status expired March 20, 1984; adopted permanently effective March 26, 1984 (11:6 Md. R. 555)*
- *Administrative History: Regulation .01 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .04B amended effective November 6, 1995 (22:22 Md. R. 1667); April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .05Q amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .05S amended effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .05T adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .08I repealed effective December 31, 2018 (45:26 Md. R. 1247)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .11 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .12 adopted effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .12A amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Authority: Transportation Article, §§7-204(c), 7-707, 25-204, 25-206.1, and 25-206.2, Annotated Code of Maryland*
##### **COMAR 11.06.02.03** Application. {#sec-11.06.02.03 omnilex-key=us-md-regs-official--title-11--11.06.02.03}
These regulations apply to all motor vehicles, unauthorized articles, and pieces of equipment on MTA property.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.11 adopted as an emergency provision effective November 21, 1983 (10:25 Md. R. 2262); emergency status expired March 20, 1984; adopted permanently effective March 26, 1984 (11:6 Md. R. 555)*
- *Administrative History: Regulation .01 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .04B amended effective November 6, 1995 (22:22 Md. R. 1667); April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .05Q amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .05S amended effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .05T adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .08I repealed effective December 31, 2018 (45:26 Md. R. 1247)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .11 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .12 adopted effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .12A amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Authority: Transportation Article, §§7-204(c), 7-707, 25-204, 25-206.1, and 25-206.2, Annotated Code of Maryland*
##### **COMAR 11.06.02.04** Definitions. {#sec-11.06.02.04 omnilex-key=us-md-regs-official--title-11--11.06.02.04}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Abandoned” means a motor vehicle, trailer, semitrailer, unauthorized article, or piece of equipment that:
(a) Is inoperable and left unattended on MTA property for more than 48 hours; (b) Has remained illegally on MTA property for more than 48 hours; or
(b) Has remained illegally on MTA property for more than 48 hours; or
(c) Has remained on MTA property for more than 48 hours, and is:
(i) Not displaying currently valid registration plates, or
(ii) Displaying registration plates of another vehicle.
(2) “Administration” means the Maryland Transit Administration of the Department of Transportation established pursuant to the Transportation Article, §7-201, Annotated Code of Maryland.
(3) “Administrator” means the Maryland Transit Administrator, whose office is established pursuant to the Transportation Article, §7-202, Annotated Code of Maryland.
(4) “Authorized” means acting under or pursuant to a written contract, permit, or other evidence of right issued by the MTA.
(5) “Bus” means a motor vehicle that is designed to carry more than 10 passengers and is used to carry people, is operated by the MTA on a fixed route and predetermined schedule or under charter service, or is operated by an authorized private carrier.
(6) “Department” means the Maryland Department of Transportation.
(7) “Disabled parking areas” means those designated parking areas on MTA property upon which MTA transit patrons may park motor vehicles bearing either a valid handicapped license plate or other valid evidence that the user of the motor vehicle is handicapped as provided under Maryland law.
(8) “Kiss-and-ride parking lot” means a designated parking area on MTA property upon which MTA transit patrons may be discharged from or picked up as passengers in a motor vehicle during the posted hours of MTA transit operations.
(9) “Law enforcement officer” means any person vested with a police power of arrest under federal, State, county or city authority, and identifiable by uniform, badge, or other evidence of authority.
(10) “Motor vehicle” means any device in, on, or by which a person or property is or might be transported on or towed upon land and includes vehicles towed by another motor vehicle.
(11) “Motor Vehicle Administration” means the Motor Vehicle Administration of the Department of Transportation, established pursuant to the Transportation Article, §12-101, Annotated Code of Maryland.
(12) “MTA” means the Maryland Transit Administration.
(13) “MTA property” means all property owned, leased, or operated by or under the control of the Maryland Transit Administration.
(14) “Operator” means a person who is in actual physical control of a motor vehicle.
(15) “Owner” means a person who holds the legal title to a motor vehicle, including a secured party indicated on the motor vehicle title.
(16) “Park and ride lot” means a designated parking area on MTA property upon which MTA transit patrons may park their motor vehicles unattended in designated areas, stalls, or bays during hours of MTA operations.
(17) “Parking” means the standing or parking of a motor vehicle, attended or unattended, upon MTA property.
(18) “Parking lot” means any designated parking area on MTA property, such as employee and public areas.
(19) “Person” means any individual, firm, partnership, corporation, company, association, or joint stock association, and includes any trustee, receiver, committee, assignee or other representative of them.
(20) “Road” means any roadway on MTA property.
(21) “State” means the State of Maryland.
(22) “Transit patron” means a person upon MTA property for the purpose of using the MTA's public transportation services available at that site.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.11 adopted as an emergency provision effective November 21, 1983 (10:25 Md. R. 2262); emergency status expired March 20, 1984; adopted permanently effective March 26, 1984 (11:6 Md. R. 555)*
- *Administrative History: Regulation .01 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .04B amended effective November 6, 1995 (22:22 Md. R. 1667); April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .05Q amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .05S amended effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .05T adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .08I repealed effective December 31, 2018 (45:26 Md. R. 1247)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .11 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .12 adopted effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .12A amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Authority: Transportation Article, §§7-204(c), 7-707, 25-204, 25-206.1, and 25-206.2, Annotated Code of Maryland*
##### **COMAR 11.06.02.05** General Parking Regulations. {#sec-11.06.02.05 omnilex-key=us-md-regs-official--title-11--11.06.02.05}
A. The control of all motor vehicular traffic on MTA property shall be governed by this chapter.
B. Unless otherwise authorized, a person may not operate, park, or bring a motor vehicle on MTA property unless that person is a transit patron, intends to pick up or discharge a transit patron, or is on MTA property for purposes directly related to the business of the Administration.
C. A person may not abandon a motor vehicle, unauthorized article, or piece of equipment on MTA property.
D. A person may not operate a motor vehicle on MTA property in a careless, reckless, or negligent manner, but shall have regard for the width, grade, curves, corners, traffic, and use of roadways, weather conditions, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person.
E. Parking of motor vehicles is prohibited on all MTA property and roads, except in specifically posted and designated areas and during the hours of MTA transit operations.
F. A person may not park or place a motor vehicle or other article or piece of equipment on MTA property so as to interfere with or prevent the passage or movement of buses or emergency or other motor vehicles.
G. A person operating a motor vehicle on MTA property shall immediately yield the right-of-way to a police, ambulance, fire department, or other emergency vehicle giving an audible or visible signal.
H. A person may not drive a motor vehicle on MTA property without a valid driver's license issued by the State or by the jurisdiction where this person resides, if other than Maryland.
I. The responsibility for finding a legal parking space rests with the motor vehicle operator. Lack of space is no excuse for violation of this chapter.
J. A person may not operate a motor vehicle, other than a police or emergency vehicle, upon MTA property at a speed exceeding 15 miles per hour.
K. A person may not park a motor vehicle upon MTA property within 15 feet of a fire hydrant or other fire control apparatus.
L. Unless otherwise authorized, a person may not load or unload a motor vehicle upon MTA property in violation of any posted fire or other traffic sign or regulation or in such a manner as to obstruct the movement of vehicular or pedestrian traffic.
M. A motor vehicle shall be parked in one space only within a designated posted parking area and within the marked space or stall. Each motor vehicle operator shall leave clear access to adjacent spaces and may not block driving lanes or roads or create a hazard to other motor vehicle operators.
N. A person may not park any motor vehicle in any marked pedestrian crosswalk.
O. A person may not drive a motor vehicle onto an area of MTA property which has been closed by the use of barricades or other traffic control devices.
P. A person may not wash, clean, polish, repair, maintain, or overhaul a motor vehicle on MTA property, except for repairs necessary to remove the motor vehicle from the MTA property.
Q. A motor vehicle or other article or piece of equipment that is parked or placed on MTA property in such a manner as to be presumed abandoned, or that creates a nuisance or hazard, or that interferes with MTA operations or emergencies, may be towed or removed to a location chosen by the MTA or MTA's designee.
R. Parking in MTA designated disabled parking areas is restricted to MTA patrons whose motor vehicles bear either a valid handicapped license plate or other valid evidence that the user of the motor vehicle is handicapped as provided under Maryland law.
S. Parking in areas adjacent to yellow painted curbs or in any other areas with posted restrictions is prohibited.
T. A person may not abandon a vehicle or article on MTA property.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.11 adopted as an emergency provision effective November 21, 1983 (10:25 Md. R. 2262); emergency status expired March 20, 1984; adopted permanently effective March 26, 1984 (11:6 Md. R. 555)*
- *Administrative History: Regulation .01 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .04B amended effective November 6, 1995 (22:22 Md. R. 1667); April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .05Q amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .05S amended effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .05T adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .08I repealed effective December 31, 2018 (45:26 Md. R. 1247)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .11 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .12 adopted effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .12A amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Authority: Transportation Article, §§7-204(c), 7-707, 25-204, 25-206.1, and 25-206.2, Annotated Code of Maryland*
##### **COMAR 11.06.02.06** Taxicabs. {#sec-11.06.02.06 omnilex-key=us-md-regs-official--title-11--11.06.02.06}
A. A person operating a taxicab on MTA property may not block or interfere with the free passage of pedestrians or vehicular traffic on or about MTA property.
B. A person may not operate a taxicab on MTA property unless the person prominently displays within the taxicab a taxicab driver-identification permit containing a recent discernible photograph of the driver and the telephone number of the taxicab franchise operator, the assigned telephone number, and the driver's identification number.
C. Taxicabs shall stand or wait only in posted taxicab areas on MTA property.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.11 adopted as an emergency provision effective November 21, 1983 (10:25 Md. R. 2262); emergency status expired March 20, 1984; adopted permanently effective March 26, 1984 (11:6 Md. R. 555)*
- *Administrative History: Regulation .01 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .04B amended effective November 6, 1995 (22:22 Md. R. 1667); April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .05Q amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .05S amended effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .05T adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .08I repealed effective December 31, 2018 (45:26 Md. R. 1247)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .11 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .12 adopted effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .12A amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Authority: Transportation Article, §§7-204(c), 7-707, 25-204, 25-206.1, and 25-206.2, Annotated Code of Maryland*
##### **COMAR 11.06.02.07** Motor Vehicles Prohibited by Type, Weight, or Size. {#sec-11.06.02.07 omnilex-key=us-md-regs-official--title-11--11.06.02.07}
Except for persons having business directly related to the Administration, or unless otherwise authorized, a person may not park or otherwise place any of the following type vehicles upon MTA parking lots:
A. A trailer or towed vehicle;
B. A truck having a manufacturer's rated carrying capacity greater than 1 ton;
C. A vehicle with a gross weight greater than 8,000 pounds;
D. A vehicle having an overall length more than 20 feet including any load on it;
E. A vehicle wider than 8 feet;
F. A bus.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.11 adopted as an emergency provision effective November 21, 1983 (10:25 Md. R. 2262); emergency status expired March 20, 1984; adopted permanently effective March 26, 1984 (11:6 Md. R. 555)*
- *Administrative History: Regulation .01 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .04B amended effective November 6, 1995 (22:22 Md. R. 1667); April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .05Q amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .05S amended effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .05T adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .08I repealed effective December 31, 2018 (45:26 Md. R. 1247)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .11 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .12 adopted effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .12A amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Authority: Transportation Article, §§7-204(c), 7-707, 25-204, 25-206.1, and 25-206.2, Annotated Code of Maryland*
##### **COMAR 11.06.02.08** Uses Prohibited. {#sec-11.06.02.08 omnilex-key=us-md-regs-official--title-11--11.06.02.08}
Unless otherwise authorized, a person may not cause or permit MTA property to be used for any of the following purposes:
A. The storage of refuse containers associated with the use of an adjacent property;
B. Vehicular access to adjacent property;
C. The staging of vehicles, equipment, or materials for construction, maintenance, or repair work on adjacent property;
D. The storage of equipment or materials of any kind;
E. The performance of any service, maintenance, or repair on any motor vehicle parked on the MTA property except for emergency service and repairs necessary for the removal of an inoperable motor vehicle.
F. Parking or storing any motor vehicle in the custody of the management of a garage, repair shop, service facility, or new or used car dealer;
G. Loading or unloading commercial vehicles;
H. Causing, allowing, or conducting student driver training classes or instructions;
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.11 adopted as an emergency provision effective November 21, 1983 (10:25 Md. R. 2262); emergency status expired March 20, 1984; adopted permanently effective March 26, 1984 (11:6 Md. R. 555)*
- *Administrative History: Regulation .01 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .04B amended effective November 6, 1995 (22:22 Md. R. 1667); April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .05Q amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .05S amended effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .05T adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .08I repealed effective December 31, 2018 (45:26 Md. R. 1247)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .11 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .12 adopted effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .12A amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Authority: Transportation Article, §§7-204(c), 7-707, 25-204, 25-206.1, and 25-206.2, Annotated Code of Maryland*
##### **COMAR 11.06.02.09** Motor Vehicle Accidents. {#sec-11.06.02.09 omnilex-key=us-md-regs-official--title-11--11.06.02.09}
A. A motor vehicle operator or pedestrian who is involved in an accident on MTA property resulting in injury to any person or damage to any property, shall, if physically able, do the following:
(1) Stop the motor vehicle at the scene of the accident or as close as possible to it without obstructing traffic more than necessary;
(2) Notify an MTA law enforcement officer;
(3) Return to and remain at the scene of the accident until after giving a full report of same to that law enforcement officer, if requested;
(4) Upon request, and if physically able, exhibit to that law enforcement officer any permit, license, registration, or other document relevant to this accident or the persons or property involved.
B. A motor vehicle operator or pedestrian who is involved in an accident on MTA property as defined in §A of this regulation, and the owner of the motor vehicle if other than the operator, shall, if physically able, make a full written report of this accident to the MTA law enforcement officer within 24 hours after the accident, and shall include, if known, the names and addresses of the persons involved, the description of the property and vehicles involved, the registration and license number of the vehicles involved, and any other information relevant to the accident.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.11 adopted as an emergency provision effective November 21, 1983 (10:25 Md. R. 2262); emergency status expired March 20, 1984; adopted permanently effective March 26, 1984 (11:6 Md. R. 555)*
- *Administrative History: Regulation .01 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .04B amended effective November 6, 1995 (22:22 Md. R. 1667); April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .05Q amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .05S amended effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .05T adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .08I repealed effective December 31, 2018 (45:26 Md. R. 1247)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .11 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .12 adopted effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .12A amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Authority: Transportation Article, §§7-204(c), 7-707, 25-204, 25-206.1, and 25-206.2, Annotated Code of Maryland*
##### **COMAR 11.06.02.10** Towing, Impoundment, and Sale. {#sec-11.06.02.10 omnilex-key=us-md-regs-official--title-11--11.06.02.10}
A. The MTA police department or its designee may take into custody any abandoned motor vehicle, unauthorized article, or any vehicle or piece of equipment parked or placed in violation of this chapter, abandoned or otherwise parked or placed so as to constitute a hazard to public safety, or so parked, stopped, or standing so as to impede or obstruct the normal movement of vehicular or pedestrian traffic on MTA property. For this purpose, the MTA police may use its own personnel, equipment, and facilities, or use those of its designee, for removing, preserving, and storing abandoned vehicles. There may not be any liability attached to the Administration for any losses or damages resulting from these actions.
B. As soon as reasonably possible and within 7 days at most after the MTA police department takes an abandoned vehicle into custody, the MTA police shall send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to:
(1) The last known registered owner of the vehicle; and
(2) Each secured party, as shown on the records of the Maryland Motor Vehicle Administration.
C. The notice shall:
(1) State that the abandoned vehicle has been taken into custody and give the name, address, and telephone number of the MTA representative providing the notice;
(2) Describe the motor vehicle, unauthorized article, or piece of equipment as applicable, including year, model, and vehicle identification number of the vehicle;
(3) Give the location of the facility where the vehicle is held;
(4) State the authority and reason for the removal, towing, and storage of the motor vehicle, unauthorized article, or piece of equipment;
(5) In areas outside of Baltimore City, inform the owner and secured party of the owner's or secured party's right to reclaim the vehicle within 3 weeks after the date of the notice, on payment of all towing, preservation, and storage charges resulting from taking or placing the vehicle in custody, upon presentation of proof of identity and ownership, and upon signing a receipt for the motor vehicle, unauthorized article, or piece of equipment;
(6) In Baltimore City and Montgomery County, be sent by certified mail, return receipt requested, and inform the owner and secured party of the owner's and secured party's right to reclaim the vehicle within 11 working days after the receipt of the notice, on payment of all towing, preservation, and storage charges resulting from taking or placing the vehicle in custody; and
(7) State that the failure of the owner or secured party to exercise the right to reclaim the vehicle in the time provided is a:
(a) Waiver by the owner or secured party of the owner's or secured party's right, title, and interest in the vehicle, and
(b) Consent to the sale of the vehicle at public auction.
D. In Baltimore City, Prince George's County, and Montgomery County, the MTA police department or its agent may seek to recover costs of impoundment, storage, and sale of a vehicle as provided by Transportation Article, §§25-206.1 and 25-206.2, Annotated Code of Maryland. If the MTA police department or its designee seeks to apply the provisions of Transportation Article, §§25-206.1 and 25-206.2, Annotated Code of Maryland, the notice required by §B of this regulation shall also state that the failure of the owner or secured party to exercise the right to reclaim the vehicle in the time provided may cause:
(1) Continuing liability of the owner for costs of:
(a) Impoundment,
(b) Storage within the chargeable limit for storage as provided in Transportation Article, §25-206.1(b), Annotated Code of Maryland, and
(c) Sale of the vehicle; and
(2) Denial of an application by the owner to renew the registration of a vehicle as required by Transportation Article, §25-206.2, Annotated Code of Maryland.
E. When Owner's Identity is Uncertain.
(1) This section applies if:
(a) The identity of the last registered owner of an abandoned vehicle cannot be determined;
(b) The registration of the vehicle gives no address for the owner;
(c) It is impossible to determine with reasonable certainty the identity and address of each secured party; or
(d) The certified mail notice required by §B of this regulation is returned as undeliverable.
(2) Under one of the conditions enumerated in §E(1) of this regulation, the MTA police department, on taking an abandoned vehicle into custody, shall give the required notice by publication in at least one newspaper of general circulation in the area where the abandoned vehicle was found. The notice by publication:
(a) May contain multiple listings of abandoned vehicles;
(b) Shall contain the information required in §B of this regulation;
(c) Shall be published within 15 days of the taking into custody of the vehicle or, if the notice by publication is made because of the return as undeliverable of a prior notice by certified mail, return receipt requested, bearing a postmark from the United Postal Service, within 7 days of the return of that prior notice.
F. Failure to Reclaim.
(1) In areas outside of Baltimore City, if the owner or secured party fails to reclaim an abandoned vehicle or an impounded motor vehicle, unauthorized article, or piece of equipment within 3 weeks after notice is given under this regulation, the owner or secured party is considered to have waived all of the owner's or secured party's right, title, and interest in the item and to have consented to the sale of the vehicle at public auction, and the item shall be so sold.
(2) In Baltimore City, if the owner or secured party fails to reclaim an abandoned vehicle within 11 working days after receipt of notice given under this regulation, the owner or secured party is considered to have waived all of the owner's or secured party's right, title, and interest in the vehicle and to have consented to the sale of the vehicle at public auction, and the item shall be sold.
G. The liability of an owner or a transferrer for costs of preservation and storage shall be the same as is set forth in Transportation Article, §25-206.1, Annotated Code of Maryland.
H. If an abandoned vehicle is not reclaimed as provided in this regulation, the MTA police department or its designee shall sell the vehicle at auction. The buyer of the vehicle at auction:
(1) Takes title to the vehicle free and clear of any claim of ownership or lien;
(2) Is entitled to a sales receipt from the MTA police department which constitutes sufficient title for transferring the vehicle to a scrap processor for dismantling, destroying, or scrapping, in which case a certificate of title is not required; and
(3) Is entitled to obtain a certificate of title of the vehicle and register it in the buyer's own name:
I. Except as otherwise provided in this regulation;
(1) From the proceeds of the sale of an abandoned vehicle, the MTA police department shall reimburse itself or its designee for the costs of towing, preserving, and storing the vehicle and the expenses of the auction, including all notice and publication costs incurred under this regulation; and
(2) Any remaining proceeds of the sale shall be held for 90 days for the owner of the vehicle and any entitled secured party, after which the remaining proceeds revert to the Treasury of the State.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.11 adopted as an emergency provision effective November 21, 1983 (10:25 Md. R. 2262); emergency status expired March 20, 1984; adopted permanently effective March 26, 1984 (11:6 Md. R. 555)*
- *Administrative History: Regulation .01 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .04B amended effective November 6, 1995 (22:22 Md. R. 1667); April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .05Q amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .05S amended effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .05T adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .08I repealed effective December 31, 2018 (45:26 Md. R. 1247)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .11 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .12 adopted effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .12A amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Authority: Transportation Article, §§7-204(c), 7-707, 25-204, 25-206.1, and 25-206.2, Annotated Code of Maryland*
##### **COMAR 11.06.02.11** Exceptions. {#sec-11.06.02.11 omnilex-key=us-md-regs-official--title-11--11.06.02.11}
This chapter does not apply to motor vehicles, articles, or pieces or equipment of the Maryland Transit Administration, its contractors or subcontractors, or other agencies of the State or to police or emergency vehicles.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.11 adopted as an emergency provision effective November 21, 1983 (10:25 Md. R. 2262); emergency status expired March 20, 1984; adopted permanently effective March 26, 1984 (11:6 Md. R. 555)*
- *Administrative History: Regulation .01 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .04B amended effective November 6, 1995 (22:22 Md. R. 1667); April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .05Q amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .05S amended effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .05T adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .08I repealed effective December 31, 2018 (45:26 Md. R. 1247)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .11 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .12 adopted effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .12A amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Authority: Transportation Article, §§7-204(c), 7-707, 25-204, 25-206.1, and 25-206.2, Annotated Code of Maryland*
##### **COMAR 11.06.02.12** Administration and Penalties. {#sec-11.06.02.12 omnilex-key=us-md-regs-official--title-11--11.06.02.12}
A. MTA law enforcement officers and their designees are authorized to issue citations and carry out towing and impoundment procedures for violation of this chapter.
B. Transportation Article, Title 26, Subtitle 3, Annotated Code of Maryland, as amended from time to time, is incorporated by reference.
C. Citations issued under this chapter shall contain sufficient information to enable the person receiving a citation or citations to either to pay for the parking violation or stand trial.
D. Penalties for parking violations are as follows:
(1) Obstructing bus or emergency vehicle movement $50;
(2) Parking within 15 feet of a fire hydrant or other fire control apparatus $50;
(3) Parking in more than one designated space $25;
(4) Obstructing other parked vehicles $40;
(5) Parking in a pedestrian crosswalk $40;
(6) Unauthorized occupation of parking spaces for the disabled $40;
(7) Parking in violation of posted restrictions $25.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.11 adopted as an emergency provision effective November 21, 1983 (10:25 Md. R. 2262); emergency status expired March 20, 1984; adopted permanently effective March 26, 1984 (11:6 Md. R. 555)*
- *Administrative History: Regulation .01 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .04B amended effective November 6, 1995 (22:22 Md. R. 1667); April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .05Q amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .05S amended effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .05T adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .08I repealed effective December 31, 2018 (45:26 Md. R. 1247)*
- *Administrative History: Regulation .10 repealed and new Regulation .10 adopted effective November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .11 amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .12 adopted effective December 14, 1987 (14:25 Md. R. 2660)*
- *Administrative History: Regulation .12A amended effective November 6, 1995 (22:22 Md. R. 1667)*
- *Authority: Transportation Article, §§7-204(c), 7-707, 25-204, 25-206.1, and 25-206.2, Annotated Code of Maryland*
##### **COMAR 11.06.03** Prohibition of Smoking on Board Maryland Transit Administration Passenger Cars [Repealed] {#sec-11.06.03 omnilex-key=us-md-regs-official--title-11--11.06.03}
**History**
- *Administrative History: Effective date: November 6, 1995 (22:22 Md. R. 1667)*
- *Administrative History: Regulation .01B amended effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.02 repealed effective December 31, 2018 (45:26 Md. R. 1247)*
## **11.06.04** Distribution of Fare Products by Opiod Treatment Centers
##### **COMAR 11.06.04.01** Scope. {#sec-11.06.04.01 omnilex-key=us-md-regs-official--title-11--11.06.04.01}
This chapter governs the distribution of monthly fare products by opioid treatment centers to eligible individuals participating in opioid treatment programs.
**History**
- *Administrative History: Effective date: January 14, 2021 (48:1 Md. R. 10)*
- *Authority: Transportation Article, §7-712, Annotated Code of Maryland*
##### **COMAR 11.06.04.02** Definitions. {#sec-11.06.04.02 omnilex-key=us-md-regs-official--title-11--11.06.04.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Maryland Transit Administration of the Department of Transportation established pursuant to Transportation Article, §7-201, Annotated Code of Maryland.
(2) “Eligible individual” means an individual enrolled in an opioid treatment center who qualifies for half fare prices under 49 CFR Part 609 and is certified by the Administration as eligible to receive reduced fare under the Administration’s Reduced Fare Program.
(3) “Fare product” means the Reduced Fare Monthly or Reduced Fare 31-Day Pass issued by the Administration.
(4) “Opioid treatment center” means a facility enrolling eligible individuals in opioid treatment programs licensed by the Department of Health to provide behavior health services under COMAR 10.63.02.
**History**
- *Administrative History: Effective date: January 14, 2021 (48:1 Md. R. 10)*
- *Authority: Transportation Article, §7-712, Annotated Code of Maryland*
##### **COMAR 11.06.04.03** Application. {#sec-11.06.04.03 omnilex-key=us-md-regs-official--title-11--11.06.04.03}
A. An opioid treatment center may issue fare products with the approval of the Administration.
B. Approval to issue fare products may be obtained by an opioid treatment center by submitting an application on a form provided by the Administration, which shall include the following information:
(1) Organization name, address, telephone number, primary email address, and contact individual;
(2) Department of Health behavioral health service license number, date of issue of license, and license expiration date; and
(3) Any other information required by the Administration.
C. The application shall be accompanied by a photocopy or electronic image of the opioid treatment center’s license issued by the Department of Health.
D. Approval shall be for a period of 4 years. An opioid treatment center may renew its approval by submitting a new application to the Administration.
**Cross References**
11.06.04.04A
11.06.04.04B
**History**
- *Administrative History: Effective date: January 14, 2021 (48:1 Md. R. 10)*
- *Authority: Transportation Article, §7-712, Annotated Code of Maryland*
##### **COMAR 11.06.04.04** Obligations of Opioid Treatment Centers. {#sec-11.06.04.04 omnilex-key=us-md-regs-official--title-11--11.06.04.04}
A. After obtaining approval as required by Regulation .03 of this chapter, an opioid treatment center shall submit an agreement signed by an authorized individual of the opioid treatment center on the form required by the Administration, agreeing to the obligations listed in this regulation and other obligations required by the Administration.
B. The opioid treatment center shall maintain accurate, timely, and complete records of all transactions related to fare products acquired and distributed under Regulation .03 of this chapter.
C. The opioid treatment center shall provide periodic reports of its inventory of fare products to the Administration.
D. The opioid treatment center may only issue fare products to eligible individuals.
E. The opioid treatment center may charge a fee for fare products no more than the rate charged by the Administration for the fare product.
F. The opioid treatment center shall immediately report the loss or suspension of its license by the Department of Health.
G. If an opioid treatment center violates the agreement or obligations stated in this regulation, the Administration may suspend its approval to issue fare products for a period of 1 year or longer, depending on the severity of the offense.
H. Within 15 calendar days after receipt of a written determination, an opioid treatment center may appeal the denial or termination of approval to the Office of Administrative Hearings for a final decision in accordance with COMAR 28.02.01.
I. An aggrieved party may seek judicial review of any final administrative decision under this chapter in accordance with the provisions of the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: January 14, 2021 (48:1 Md. R. 10)*
- *Authority: Transportation Article, §7-712, Annotated Code of Maryland*
##### **COMAR 11.06.04.05** Payment and Rates for Monthly Passes. {#sec-11.06.04.05 omnilex-key=us-md-regs-official--title-11--11.06.04.05}
A. The required payment for each fare product distributed by participating opioid treatment centers shall be the current rate established by the Administration for opioid treatment center fare products.
B. Opioid treatment centers shall pay the full amount of any fare products provided by the Administration upon receipt or other mutually agreed upon time.
**History**
- *Administrative History: Effective date: January 14, 2021 (48:1 Md. R. 10)*
- *Authority: Transportation Article, §7-712, Annotated Code of Maryland*
##### **COMAR 11.06.04.06** Inspections and Audits. {#sec-11.06.04.06 omnilex-key=us-md-regs-official--title-11--11.06.04.06}
A. The Administration or its designee may conduct inspections and audits of opioid treatment center facilities, records, and processes related to this issuance of fare products by opioid treatment centers with notice of at least 30 days.
B. Inspections and audits will be conducted during regular operational hours at agreed-upon times unless an unannounced inspection or audit is warranted.
**History**
- *Administrative History: Effective date: January 14, 2021 (48:1 Md. R. 10)*
- *Authority: Transportation Article, §7-712, Annotated Code of Maryland*
## **11.06.05** Baltimore City — Transit Services for Public School Students
##### **COMAR 11.06.05.01** Scope. {#sec-11.06.05.01 omnilex-key=us-md-regs-official--title-11--11.06.05.01}
This chapter governs the distribution of fare products to any eligible Baltimore City Public School System (BCPS) student and youth worker in the Baltimore City YouthWorks program.
**History**
- *Administrative History: Effective date: June 26, 2023 (50:12 Md. R. 476)*
- *Authority: Transportation Article, §7-710, Annotated Code of Maryland*
##### **COMAR 11.06.05.02** Definitions. {#sec-11.06.05.02 omnilex-key=us-md-regs-official--title-11--11.06.05.02}
A. In this chapter, the following terms have the meaning indicated.
B. Terms Defined.
(1) “Administration” means Maryland Transit Administration of the Department of Transportation. established pursuant to Transportation Article, §7-201, Annotated Code of Maryland.
(2) “BCPS” means Baltimore City Public School System.
(3) “Eligible individual” means an individual enrolled and actively attending as a student in BCPS or enrolled and actively attending as a youth worker in the Mayor’s Office of Employment Development YouthWorks program, and who qualifies for student fares under this chapter.
(4) “YouthWorks” means the YouthWorks summer job program managed by the Baltimore City Mayor’s Office of Employment Development.
**History**
- *Administrative History: Effective date: June 26, 2023 (50:12 Md. R. 476)*
- *Authority: Transportation Article, §7-710, Annotated Code of Maryland*
##### **COMAR 11.06.05.03** Baltimore City Public Schools. {#sec-11.06.05.03 omnilex-key=us-md-regs-official--title-11--11.06.05.03}
A. YouthWorks shall submit to the Administration a Complimentary Pass Application Form provided by the Administration, which shall include the following information:
(1) Organization name, organization requestor, telephone number, primary email address, and contact individual; and
(2) Program start and ending dates, school calendar, and eligibility list, along with type of pass and total quantity requested.
B. BCPS shall maintain an accurate, timely, and complete listing of all eligible individuals receiving the Administration pass products
C. The Administration shall provide Complimentary Passes for BCPS students for use between the hours of 5 a.m. and 8 p.m. on days when school is in session, and for school-related or educational extracurricular activities on and off campus.
D. BCPS shall make every effort to notify the Administration when a student has ceased enrollment with BCPS, or to report a lost or stolen pass in a timely manner, so appropriate administrative action can be taken to deactivate the pass.
E. BCPS shall submit an eligibility list to the Administration for verification of students utilizing the fare products by October 31 and April 30 each year.
**Cross References**
11.06.05.04A
**History**
- *Administrative History: Effective date: June 26, 2023 (50:12 Md. R. 476)*
- *Authority: Transportation Article, §7-710, Annotated Code of Maryland*
##### **COMAR 11.06.05.04** YouthWorks Summer Job Program. {#sec-11.06.05.04 omnilex-key=us-md-regs-official--title-11--11.06.05.04}
A. After obtaining approval as required by Regulation .03 of this chapter, an opioid treatment center shall submit an agreement signed by an authorized individual of the opioid treatment center on the form required by the Administration, agreeing to the obligations listed in this regulation and other obligations required by the Administration.
(1) Organization name, organization requestor, telephone number, primary email address, and contact individual; and.
(2) Program start and ending date, along with type of pass and total quantity requested.
B. YouthWorks shall maintain accurate, timely, and complete listing of all eligible individuals receiving the Administration pass products.
C. The Administration shall provide Complimentary Passes for YouthWorks workers during the YouthWorks summer job period and for purposes of engaging in YouthWorks-related activities.
D. If a YouthWorks worker ceases enrollment or attendance, the Mayor’s Office of Employment Development shall notify the Administration within 3 business days so appropriate administrative action can be taken to deactivate the pass.
E. The Administration or its designee may conduct periodic verifications of YouthWorks’ enrollment information as it pertains to distribution of fare products with 30 days notice.
**History**
- *Administrative History: Effective date: June 26, 2023 (50:12 Md. R. 476)*
- *Authority: Transportation Article, §7-710, Annotated Code of Maryland*
##### **COMAR 11.06.05.05** Payment. {#sec-11.06.05.05 omnilex-key=us-md-regs-official--title-11--11.06.05.05}
The Administration may not collect any fees or reimbursement from BCPS or YouthWorks for passes or services provided.
**History**
- *Administrative History: Effective date: June 26, 2023 (50:12 Md. R. 476)*
- *Authority: Transportation Article, §7-710, Annotated Code of Maryland*
## **11.07.01** Transportation of Hazardous Materials
##### **COMAR 11.07.01.01** Definitions. {#sec-11.07.01.01 omnilex-key=us-md-regs-official--title-11--11.07.01.01}
A. The following classes of hazardous materials are defined in the United States Department of Transportation Regulations, 49 CFR 173, which is incorporated by reference:
| Name of Class or Division | Class Number | Division Number (if any) | 49 CFR Reference for Definitions |
| --- | --- | --- | --- |
| (1) Forbidden materials | None | | |
| (2) Forbidden explosives | None | | |
| (3) Explosives (with a mass explosion hazard) (old class A) | 1 | 1.1 | 173.50 |
| (4) Explosives (with a projection hazard) (old class B) | 1 | 1.2 | 173.50 |
| (5) Explosives (with predominately a fire hazard) (old class B) | 1 | 1.3 | 173.50 |
| (6) Explosives (with no significant blast hazard) (old class C) | 1 | 1.4 | 173.50 |
| (7) Very insensitive explosives; blasting agents | 1 | 1.5 | 173.50 |
| (8) Extremely insensitive detonating substances | 1 | 1.6 | 173.50 |
| (9) Flammable gas | 2 | 2.1 | 173.115 |
| (10) Nonflammable compressed gas | 2 | 2.2 | 173.115 |
| (11) Poisonous gas | 2 | 2.3 | 173.115 |
| (12) Flammable and combustible liquid | 3 | | 173.120 |
| (13) Flammable solid | 4 | 4.1 | 173.124 |
| (14) Spontaneously combustible material | 4 | 4.2 | 173.124 |
| (15) Dangerous when wet material | 4 | 4.3 | 173.124 |
| (16) Oxidizer | 5 | 5.1 | 173.128 |
| (17) Organic peroxide | 5 | 5.2 | 173.128 |
| (18) Poisonous materials | 6 | 6.1 | 173.132 |
| (19) Infectious substance (Etiologic agent) | 6 | 6.2 | 173.134 |
| (20) Radioactive material | 7 | | 173.403 |
| (21) Corrosive material | 8 | | 173.136 |
| (22) Miscellaneous hazardous material | 9 | | 173.140 |
| (23) Other regulated material: ORM-D | None | | 173.144 |
B. Terms Defined.
(1) “Authority property” means the following facilities and their approaches:
(a) Baltimore Harbor Tunnel (I-895);
(b) William Preston Lane, Jr. Memorial Bridge (U.S. 50/301);
(c) Harry W. Nice Memorial Bridge (U.S. Route 301);
(d) Thomas J. Hatem Memorial Bridge (U.S. Route 40);
(e) Francis Scott Key Bridge (MD 695);
(f) John F. Kennedy Memorial Highway (I-95);
(g) The I-95 Fort McHenry Tunnel (I-95); and
(h) The InterCounty Connector (MD 200).
(2) "Container" means a package or receptacle used to contain hazardous materials for transportation, including a box, bottle, can, drum, barrel, cylinder, carboy, or other shipping package, other than a tank vehicle or bulk packaging, used for the transportation of hazardous materials.
(3) “Flash point” means the minimum temperature at which a substance gives off flammable vapors which in contact with spark or flame will ignite.
(4) “Gross weight” means the total weight of a container and its contents.
(5) “Hazardous material” means a substance or material, including a hazardous substance, which has been determined by the Secretary of Transportation for the United States Department of Transportation (U.S.D.O.T.) to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce and which has been so designated.
(6) “Hazardous substance” means a material, including its mixtures and solutions, that is listed in the Appendix to 49 CFR §172.101, which is incorporated by reference. This definition does not apply to petroleum products that are lubricants or fuels.
(7) “N.O.S.” means not otherwise specified.
(8) “Net weight” means the weight of the contents of a container only.
(9) “Shipping paper” means a manifest, memorandum receipt, bill of lading, shipping order, or other document describing material to be transported.
(10) “Tank vehicle” means any vehicle with a cargo tank, portable tank, bulk pyramided cylinders, or tube trailer used for the transportation of liquids or gases.
**History**
- *Administrative History: Effective date: January 25, 1980 (7:2 Md. R. 116)*
- *Administrative History: Regulation .20B amended effective September 28, 1981 (8:19 Md. R. 1566)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.20 repealed and new Regulations .01—.06 adopted effective March 24, 1986 (13:6 Md. R. 683)*
- *Administrative History: Regulation .01 amended effective February 18, 1991 (18:3 Md. R. 306); June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .01B amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation 02 amended effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .02B, C amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02C amended effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation 04 amended effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .04D, G amended effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation .04H, I adopted effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation 05 amended effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .05A amended effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation .05B amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .06A amended effective February 18, 1991 (18:3 Md. R. 306); August 4, 2014 (41:15 Md. R. 891)*
- *Authority: Transportation Article, §§4-205, 21-1403, and 21-1411, Annotated Code of Maryland*
##### **COMAR 11.07.01.02** General. {#sec-11.07.01.02 omnilex-key=us-md-regs-official--title-11--11.07.01.02}
A. The U.S. Department of Transportation Regulations, 49 CFR §§171—177, 397, and any revisions, U.S. Nuclear Regulatory Commission Regulations, 10 CFR 73, and any additional federal regulations affecting the transportation of hazardous materials by motor carriers on highways are incorporated by reference into these regulations.
B. A vehicle loaded with any hazardous material or a tank vehicle which last contained a hazardous material may not be allowed on or in any Authority property unless it conforms to these regulations and other regulations regarding the use of Authority property.
C. Maryland Transportation Authority employees shall have the right to inspect the cargo or shipping papers of any vehicle to ascertain if it complies with all State and federal regulations relating to the transportation of hazardous materials.
(1) The inspection may take place at any point where or after the vehicle enters on Authority property or its approaches.
(2) If hazardous materials cannot be identified by class, or if listed only as N.O.S., or if shipping papers are not available to determine the type of cargo, the vehicle may be prohibited from entering or may be diverted off any Authority property.
D. For purposes of initiating an inspection under §C of this regulation, a vehicle displaying the hazardous material identification number 1203 on a “Flammable” placard is presumed to be transporting the hazardous material with the lowest flashpoint which legally can be transported under that identification number.
E. All standards and requirements imposed by COMAR 26.13.04, which is incorporated by reference, shall be enforced.
**History**
- *Administrative History: Effective date: January 25, 1980 (7:2 Md. R. 116)*
- *Administrative History: Regulation .20B amended effective September 28, 1981 (8:19 Md. R. 1566)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.20 repealed and new Regulations .01—.06 adopted effective March 24, 1986 (13:6 Md. R. 683)*
- *Administrative History: Regulation .01 amended effective February 18, 1991 (18:3 Md. R. 306); June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .01B amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation 02 amended effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .02B, C amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02C amended effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation 04 amended effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .04D, G amended effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation .04H, I adopted effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation 05 amended effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .05A amended effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation .05B amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .06A amended effective February 18, 1991 (18:3 Md. R. 306); August 4, 2014 (41:15 Md. R. 891)*
- *Authority: Transportation Article, §§4-205, 21-1403, and 21-1411, Annotated Code of Maryland*
##### **COMAR 11.07.01.03** Alternative-Fuel Vehicles. {#sec-11.07.01.03 omnilex-key=us-md-regs-official--title-11--11.07.01.03}
A. Alternative-fuel vehicles powered by liquefied petroleum gas (LPG), liquefied natural gas (LNG), or compressed natural gas (CNG) shall be permitted to use the Baltimore Harbor Tunnel and the Fort McHenry Tunnel, if the:
(1) Vehicle has a:
(a) Dedicated alternative-fuel system installed by the manufacturer of the vehicle, or
(b) Fuel system which has been properly converted to an alternative fuel system;
(2) Vehicle alternative-fuel system conforms to applicable industry standards, including:
(a) NFPA 52—Standard for Compressed Natural Gas (CNG) Vehicular Fuel Systems (1992 Edition)(c), which is incorporated by reference;
(b) NFPA 58—Standard for the Storage and Handling of Liquefied Petroleum Gases (1989 Edition)(c), which is incorporated by reference; and
(c) NFPA 59A—Standard for the Production, Storage and Handling of Liquefied Natural Gas (LNG) (1985 Edition)(c), which is incorporated by reference;
(3) Vehicle alternative-fuel system conforms to applicable federal regulations, including 40 CFR 85, 86, and 600, when adopted by the Environmental Protection Agency pursuant to Notice of Proposed Rule Making, 52 Federal Register 52911 et seq. (November 5, 1992), which is incorporated by reference; and
(4) Fuel capacity of the vehicle does not exceed 150 pounds, net weight of fuel.
B. Alternative-fuel vehicles shall display all markings and symbols required by law or regulation to identify the alternative-fuel system.
**History**
- *Administrative History: Effective date: January 25, 1980 (7:2 Md. R. 116)*
- *Administrative History: Regulation .20B amended effective September 28, 1981 (8:19 Md. R. 1566)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.20 repealed and new Regulations .01—.06 adopted effective March 24, 1986 (13:6 Md. R. 683)*
- *Administrative History: Regulation .01 amended effective February 18, 1991 (18:3 Md. R. 306); June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .01B amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation 02 amended effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .02B, C amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02C amended effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation 04 amended effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .04D, G amended effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation .04H, I adopted effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation 05 amended effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .05A amended effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation .05B amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .06A amended effective February 18, 1991 (18:3 Md. R. 306); August 4, 2014 (41:15 Md. R. 891)*
- *Authority: Transportation Article, §§4-205, 21-1403, and 21-1411, Annotated Code of Maryland*
##### **COMAR 11.07.01.04** Tunnel Restrictions. {#sec-11.07.01.04 omnilex-key=us-md-regs-official--title-11--11.07.01.04}
A. This regulation does not apply to fuel contained in the fuel system of the transporting vehicle, or in the fuel systems of vehicles and equipment being towed or carried.
B. Flames used for heating vehicles or loads shall be extinguished before the vehicle enters any tunnel or its approaches.
C. The following classes of hazardous materials are prohibited from being transported through any tunnel or its approaches, as indicated:
(1) Forbidden materials and forbidden explosives are prohibited;
(2) Class 1 explosives are prohibited;
(3) Class 2, division 2.1 flammable gas is prohibited, with exceptions for propane, LPG, CNG, LNG, and other flammable compressed gas in U.S.D.O.T. approved containers, in quantities not to exceed 10 pounds gross weight per container, and 100 pounds gross weight per vehicle;
(4) Class 2, Division 2.2 nonflammable compressed gas is prohibited, with the following exceptions:
(a) Argon, compressed,
(b) Argon, refrigerated liquid,
(c) Carbon dioxide, refrigerated liquid,
(d) Compressed air in containers only, although this is prohibited if in tank vehicles,
(e) Helium, compressed,
(f) Nitrogen, refrigerated liquid,
(g) Nitrogen, compressed, or
(h) Oxygen in containers only, although this is prohibited if in tank vehicles;
(5) Class 2, division 2.3 poisonous gas is prohibited;
(6) Class 3, flammable liquid is prohibited, with exceptions for motor fuel and petroleum-based products in U.S.D.O.T. or Underwriter's Laboratory approved containers in total quantities not to exceed 5 gallons per container and 20 gallons per vehicle;
(7) Class 3, combustible liquid is permitted, with the exception of formaldehyde solutions which are prohibited;
(8) Class 4, division 4.1 flammable solid is prohibited, with the exception of fusees in quantities not to exceed 100 pounds per vehicle;
(9) Class 4, division 4.2 spontaneously combustible materials are prohibited;
(10) Class 4, division 4.3 dangerous-when-wet materials are prohibited;
(11) Class 5, division 5.1 oxidizers are prohibited;
(12) Class 5, division 5.2 organic peroxides are prohibited;
(13) Class 6, division 6.1 poisonous materials are prohibited, with the following exceptions:
(a) Arsenic in any form or compound,
(b) Tree-killing or weed-killing liquid compounds,
(c) Cyanide of potassium,
(d) Cyanide of sodium,
(e) Drugs, chemicals, medicines, or cosmetics, not otherwise specified, liquid or solid,
(f) Insecticides, dry, or
(g) Motor fuel antiknock compound;
(14) Class 6, division 6.2 infectious substances are prohibited;
(15) Class 7, radioactive materials are prohibited, with the exception of manufactured articles such as instrument or clock dials, electronic tubes of which radioactive materials are a component part, watches, X-ray machines, smoke detectors, etc;
(16) Class 8, corrosive materials are prohibited, except batteries;
(17) Class 9, miscellaneous hazardous material is prohibited, with the exception of oils, N.O.S., with a flashpoint not less than 93°C (200°F); and
(18) Other regulated material: ORM-D is permitted.
D. Tank vehicles which are empty, or which have a residue of not more than 50 gallons, or vehicles transporting empty containers are prohibited from entering any tunnel if they previously transported a prohibited hazardous material, with the following exceptions:
(1) Tank vehicles or containers that have been sufficiently cleaned of residue and purged of vapor to remove any potential hazard;
(2) Tank vehicles or containers that have been reloaded with a material not classified as a hazardous material;
(3) Tank vehicles or containers whose previous cargo was:
(a) A Class 3 combustible liquid,
(b) A Class 8 corrosive material,
(c) A Class 5 oxidizer, or
(d) A Class 5 organic peroxide; or
(4) Completely empty containers whose previous cargo was a Class 3 flammable liquid.
E. Tank vehicles used to transport Class 3 flammable liquids, even if empty, are prohibited from entering any tunnel.
F. Notwithstanding the restrictions in §§A—E of this regulation, vehicles transporting hazardous materials prohibited from entering any tunnel may use:
(1) The Baltimore Harbor Tunnel Thruway from the Child Street entrance ramp in a southbound direction only;
(2) I-95 northbound to the Key Highway exit ramp south of the Fort McHenry Tunnel, and from the Keith Avenue entrance ramp north of the Fort McHenry Tunnel; or
(3) I-95 southbound to the Keith Avenue exit ramp north of the Fort McHenry Tunnel and from the Key Highway entrance ramp south of the Fort McHenry tunnel.
**History**
- *Administrative History: Effective date: January 25, 1980 (7:2 Md. R. 116)*
- *Administrative History: Regulation .20B amended effective September 28, 1981 (8:19 Md. R. 1566)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.20 repealed and new Regulations .01—.06 adopted effective March 24, 1986 (13:6 Md. R. 683)*
- *Administrative History: Regulation .01 amended effective February 18, 1991 (18:3 Md. R. 306); June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .01B amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation 02 amended effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .02B, C amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02C amended effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation 04 amended effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .04D, G amended effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation .04H, I adopted effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation 05 amended effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .05A amended effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation .05B amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .06A amended effective February 18, 1991 (18:3 Md. R. 306); August 4, 2014 (41:15 Md. R. 891)*
- *Authority: Transportation Article, §§4-205, 21-1403, and 21-1411, Annotated Code of Maryland*
##### **COMAR 11.07.01.05** Bridge and Highway Restrictions. {#sec-11.07.01.05 omnilex-key=us-md-regs-official--title-11--11.07.01.05}
A. Vehicles transporting the following radioactive materials are exempt from the requirements in §B of this regulation:
(1) Radionuclides for medical, industrial, agricultural, or research purposes;
(2) Natural uranium metal;
(3) Depleted uranium;
(4) Magnesium-thorium alloys in formed shapes (not powdered, and which shall contain not more than 4 percent nominal thorium 232);
(5) Radium or radon sealed in needles, capsules, or similar platinum-iridium or gold containers used for medical purposes; or
(6) Manufactured articles, other than liquids, containing radioactive material as component parts, such as clock and instrument dials, electronic tubes, test instruments, watches, X-ray machines, etc.
B. A vehicle may not enter upon any Authority property if its load includes any Class 1 explosives or any radioactive materials except under the following conditions:
(1) Prior permission shall be granted by the Administrator of the facility or the Administrator’s authorized representative at least 1 hour before intended travel over the facility;
(2) Operators of the transporting vehicles shall comply with all lawful orders, instructions, and directions of authorized Maryland Transportation Authority police personnel;
(3) Vehicles shall remain at least 300 feet behind any vehicle travelling in the same direction on the facility;
(4) Vehicles transporting Class 1 explosives shall travel at least 2,000 feet from any other vehicle transporting explosives and travelling in the same direction on the facility.
**History**
- *Administrative History: Effective date: January 25, 1980 (7:2 Md. R. 116)*
- *Administrative History: Regulation .20B amended effective September 28, 1981 (8:19 Md. R. 1566)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.20 repealed and new Regulations .01—.06 adopted effective March 24, 1986 (13:6 Md. R. 683)*
- *Administrative History: Regulation .01 amended effective February 18, 1991 (18:3 Md. R. 306); June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .01B amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation 02 amended effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .02B, C amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02C amended effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation 04 amended effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .04D, G amended effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation .04H, I adopted effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation 05 amended effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .05A amended effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation .05B amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .06A amended effective February 18, 1991 (18:3 Md. R. 306); August 4, 2014 (41:15 Md. R. 891)*
- *Authority: Transportation Article, §§4-205, 21-1403, and 21-1411, Annotated Code of Maryland*
##### **COMAR 11.07.01.06** Exemptions. {#sec-11.07.01.06 omnilex-key=us-md-regs-official--title-11--11.07.01.06}
A. A person who desires to transport through an Authority property tunnel a material prohibited by these regulations may apply for an exemption permit. Permits may be granted in the discretion of the Maryland Transportation Authority subject to the following conditions:
(1) The entity requesting the exemption permit submits written evidence that the proposed cargo poses a minimal risk to the travelling public, Maryland Transportation Authority employees, and the Authority property;
(2) The permit shall be for a specific duration as established by the Maryland Transportation Authority;
(3) The permit is revocable whenever the Maryland Transportation Authority believes it is necessary to safeguard its employees, the travelling public, or the Authority property; and
(4) The person receiving the permit shall abide by these regulations.
B. The Maryland Transportation Authority's decision issuing or denying a permit is final.
**History**
- *Administrative History: Effective date: January 25, 1980 (7:2 Md. R. 116)*
- *Administrative History: Regulation .20B amended effective September 28, 1981 (8:19 Md. R. 1566)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.20 repealed and new Regulations .01—.06 adopted effective March 24, 1986 (13:6 Md. R. 683)*
- *Administrative History: Regulation .01 amended effective February 18, 1991 (18:3 Md. R. 306); June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .01B amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation 02 amended effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .02B, C amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02C amended effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation 04 amended effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .04D, G amended effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation .04H, I adopted effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation 05 amended effective June 7, 1993 (20:11 Md. R. 913)*
- *Administrative History: Regulation .05A amended effective February 18, 1991 (18:3 Md. R. 306)*
- *Administrative History: Regulation .05B amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .06A amended effective February 18, 1991 (18:3 Md. R. 306); August 4, 2014 (41:15 Md. R. 891)*
- *Authority: Transportation Article, §§4-205, 21-1403, and 21-1411, Annotated Code of Maryland*
## **11.07.02** Vehicle Size and Width Restrictions
##### **COMAR 11.07.02.01** Definitions. {#sec-11.07.02.01 omnilex-key=us-md-regs-official--title-11--11.07.02.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Baltimore Harbor Tunnel Thruway” means I-895 which extends from the interchange with I-95 south of Baltimore, including its approaches.
(2) “Tandem trailers” means two or more trailers or semitrailers which are pulled at the same time by one motor vehicle.
**History**
- *Administrative History: Effective date: August 26, 1985 (12:17 Md. R. 1707)*
- *Administrative History: Regulation .01B amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .04 amended effective September 12, 1994 (21:18 Md. R. 1510)*
- *Administrative History: Regulation .04B amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .05 amended effective September 12, 1994 (21:18 Md. R. 1510)*
- *Authority: Transportation Article, §21-1410, Annotated Code of Maryland*
##### **COMAR 11.07.02.02** Width Restrictions. {#sec-11.07.02.02 omnilex-key=us-md-regs-official--title-11--11.07.02.02}
Motor vehicles, semitrailers, and trailers over 96 inches in width may not use the Baltimore Harbor Tunnel Thruway except as specified in Regulation .04 of this chapter.
**History**
- *Administrative History: Effective date: August 26, 1985 (12:17 Md. R. 1707)*
- *Administrative History: Regulation .01B amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .04 amended effective September 12, 1994 (21:18 Md. R. 1510)*
- *Administrative History: Regulation .04B amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .05 amended effective September 12, 1994 (21:18 Md. R. 1510)*
- *Authority: Transportation Article, §21-1410, Annotated Code of Maryland*
##### **COMAR 11.07.02.03** Tandem Trailers. {#sec-11.07.02.03 omnilex-key=us-md-regs-official--title-11--11.07.02.03}
Motor vehicles pulling tandem trailers may not use the Baltimore Harbor Tunnel Thruway except as specified in Regulation .04 of this chapter.
**History**
- *Administrative History: Effective date: August 26, 1985 (12:17 Md. R. 1707)*
- *Administrative History: Regulation .01B amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .04 amended effective September 12, 1994 (21:18 Md. R. 1510)*
- *Administrative History: Regulation .04B amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .05 amended effective September 12, 1994 (21:18 Md. R. 1510)*
- *Authority: Transportation Article, §21-1410, Annotated Code of Maryland*
##### **COMAR 11.07.02.04** Exceptions. {#sec-11.07.02.04 omnilex-key=us-md-regs-official--title-11--11.07.02.04}
A. Motor vehicles, semitrailers, trailers more than 96 inches but not more than 102 inches in width, and motor vehicles pulling tandem trailers may use the Baltimore Harbor Tunnel Thruway from the Child Street entrance ramp in a southbound direction only.
B. Motor vehicles, semitrailers, trailers more than 96 inches but not more than 102 inches in width, and motor vehicles pulling tandem trailers may use the Baltimore Harbor Tunnel Thruway in a northbound direction, but shall exit at the Child Street exit ramp, subject to the following conditions:
(1) The person or entity desiring to use the northbound Baltimore Harbor Tunnel Thruway shall make a written request for a hauling permit to the Maryland State Highway Administration as specified in COMAR 11.04.01;
(2) The permit may be granted at the discretion of the Maryland Transportation Authority, and shall be for a specific duration as established by the Maryland Transportation Authority;
(3) The permit is revocable whenever the Maryland Transportation Authority believes it is necessary to safeguard Maryland Transportation Authority property and employees, the traveling public, or the adjacent communities; and
(4) The Maryland State Highway Administration’s and Maryland Transportation Authority's decision issuing or denying a permit is final.
**Cross References**
11.07.02.02
11.07.02.03
**History**
- *Administrative History: Effective date: August 26, 1985 (12:17 Md. R. 1707)*
- *Administrative History: Regulation .01B amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .04 amended effective September 12, 1994 (21:18 Md. R. 1510)*
- *Administrative History: Regulation .04B amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .05 amended effective September 12, 1994 (21:18 Md. R. 1510)*
- *Authority: Transportation Article, §21-1410, Annotated Code of Maryland*
##### **COMAR 11.07.02.05** Violation. {#sec-11.07.02.05 omnilex-key=us-md-regs-official--title-11--11.07.02.05}
In addition to any other penalty provided by law, vehicles operated in violation of these regulations are subject to diversion from the Baltimore Harbor Tunnel Thruway.
**History**
- *Administrative History: Effective date: August 26, 1985 (12:17 Md. R. 1707)*
- *Administrative History: Regulation .01B amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .04 amended effective September 12, 1994 (21:18 Md. R. 1510)*
- *Administrative History: Regulation .04B amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .05 amended effective September 12, 1994 (21:18 Md. R. 1510)*
- *Authority: Transportation Article, §21-1410, Annotated Code of Maryland*
## **11.07.03** Permits for Towing, Road Service, and Storage of Vehicles
##### **COMAR 11.07.03.01** Definitions. {#sec-11.07.03.01 omnilex-key=us-md-regs-official--title-11--11.07.03.01}
A. In these regulations, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Abandoned vehicle” has the same meaning as defined in Transportation Article, §25-201(b), Annotated Code of Maryland.
(2) "Authority" means the Maryland Transportation Authority.
(3) Authority Property.
(a) "Authority property" means property owned, leased, operated by, or under the control of the Maryland Transportation Authority.
(b) Authority property includes a:
(i) Transportation facilities project as defined in Transportation Article, §4-101, Annotated Code of Maryland; and
(ii) Authority highway as defined in Transportation Article, §21-1401, Annotated Code of Maryland.
(4) “Chief of Police” means the Maryland Transportation Authority Police Force's chief police officer.
(5) “Disabled vehicle” means a vehicle that has become inoperative on Authority property.
(6) “Heavy recovery” means the ability to tow a vehicle having a gross vehicle weight of 80,000 pounds of more.
(7) “Heavy recovery equipment” means a heavy-duty tow truck with a heavy-duty hydraulic wheel lift.
(8) “Impounded vehicle” means a vehicle that has been taken into police custody.
(9) “Park”, “parking”, or “parked” has the meaning stated in Transportation Article, §11-144, Annotated Code of Maryland.
(10) “Permit” means a permit to engage in towing, road service, or storage of vehicles disabled or impounded on Authority property, issued in accordance with these regulations.
(11) “Permittee” means a towing service company that has been granted a permit by the Chief of Police or the Chief's designee to provide towing, road service, and storage of vehicles on Authority property.
(12) “Person” means a natural person, partnership, corporation, fiduciary, association, or other business entity.
(13) “Police” means:
(a) A person designated as a member of the Maryland Transportation Authority Police Force under Transportation Article, §4-208, Annotated Code of Maryland; or
(b) A police officer as defined under Public Safety Article, §3-201(e), Annotated Code of Maryland.
(14) “Police Communication Center” means the Maryland Transportation Authority Police Force's communication unit that oversees the dispatch of police, and support personnel and vehicles (i.e., fire, EMS, maintenance, and tow truck, etc.) for both customary and emergency calls.
(15) “Road service” means adjustments, repairs, or other vehicle service, including tire repair or replacement, of a minor nature, not requiring more than 1 hour of work or the use of specialized, nonportable equipment.
(16) “State” means the State of Maryland.
(17) “Towing service company” means a person or company that is licensed to provide commercial towing, road service, and storage of vehicles, but does not include persons towing or servicing their own vehicles.
(18) Unattended Vehicle.
(a) “Unattended vehicle” means a vehicle that:
(i) Is parked on Authority property other than in a designated area; and
(ii) Has not been occupied or attended for a period of 12 or more hours.
(b) “Unattended vehicle” does not include an abandoned vehicle as defined under Transportation Article, §25-201, Annotated Code of Maryland.
(19) “Vehicle” has the meaning stated in Transportation Article, §11-176, Annotated Code of Maryland.
(20) “Zone” means a specific part of Authority property, which is delineated by the Chief of Police or the Chief's designee, that identifies a particular area for which a towing service company may apply for a permit under these regulations.
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.02** Scope. {#sec-11.07.03.02 omnilex-key=us-md-regs-official--title-11--11.07.03.02}
A. These regulations govern the application for, and issuance of, permits to towing service companies that provide towing, road service, and storage of vehicles on a 7-day-per-week, 24-hour-per-day basis for disabled vehicles, impounded vehicles, improperly parked vehicles, or unattended vehicles on Authority property.
B. The Authority may, in the public interest, waive all or a portion of these regulations dealing with equipment or other requirements for permits based on the nonavailability of towing service companies that qualify under these regulations in a given area.
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.03** Application for Permit and Renewal. {#sec-11.07.03.03 omnilex-key=us-md-regs-official--title-11--11.07.03.03}
A. A towing service company may not provide towing, road service, or storage of disabled or impounded vehicles on or from Authority property unless the towing service company has been granted a permit under these regulations.
B. At least every 5 years, the Authority shall publish on its website and through eMaryland Marketplace a notice of the open application period to apply for a permit under these regulations.
C. Upon such notice, a towing service company shall file an application for a permit with the Maryland Transportation Authority Police in order to obtain a permit to provide towing, road service, and storage of vehicles on Authority property.
D. Applications shall be made on a form provided by the Authority, and shall include:
(1) The name, address, and telephone number of the towing service company;
(2) The name of the owner or operator of the towing service company;
(3) The forms of ownership (for example, sole owner, corporation, limited liability company, or partnership, etc.) of the towing service company;
(4) The Authority property or zone for which the towing service company desires a permit;
(5) A certification that the towing service company meets the general requirements for all permits as set forth in Regulations .07 and .08;
(6) A certification the towing service company:
(a) Is registered in accordance with the Corporations and Associations Article, Annotated Code of Maryland, where applicable;
(b) Is in good standing and has filed all of its annual reports and filing fees with the State Department of Assessments and Taxation;
(c) Has filed with the State Department of Assessments and Taxation the name and address of its resident agent;
(d) Has paid, or has arranged for payment of, all taxes due to the State, except those which have been validly contested;
(e) Has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Maryland Department of Labor, as applicable;
(f) Has paid all withholding taxes due to the State; and
(g) Has paid all tolls and civil penalties assessed from citations that are due to the Authority, except those which have been validly contested.
(7) An agreement to allow the Maryland Transportation Authority Police or a designated representative to inspect the applicant's equipment and place of business before and at any time during the permit period; and
(8) Any organization that provides services to individuals on the road for which the towing service company is an authorized provider.
E. The term of each permit is 5 years, and may be renewed in accordance with these regulations.
F. Each permittee is subject to an annual inspection by the Authority or its agent, which shall include inspection of both the equipment and the premises of the permittee for compliance with the requirements of these regulations. If the permittee fails to pass the inspection, the permit may be suspended or revoked.
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.04** Zones. {#sec-11.07.03.04 omnilex-key=us-md-regs-official--title-11--11.07.03.04}
A. Application for Permit.
(1) A towing service company shall file with the Maryland Transportation Authority Police an application for a permit for the Authority property or zone for which the towing service company desires to provide towing, road service, and storage of vehicles.
(2) In order to provide for the highest level of service to the public, it is the intent of the Authority that a qualified towing service company shall be limited to only one Authority property or zone for which it may be issued a permit.
(3) If there are no qualified applicants for adjacent Authority properties or zones, then a permittee may apply for and be issued an additional permit.
B. The Chief of Police or the Chief's designee may, from time to time, delineate the towing permit zones on Authority property. The zones may be published on the Authority's website, and a copy will be made available upon request.
C. The Authority reserves the right to establish additional zones or subzones as it considers appropriate to promote safety, efficiency, economy, and service to the public.
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.05** Application Fee — Repealed {#sec-11.07.03.05 omnilex-key=us-md-regs-official--title-11--11.07.03.05}
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.06** Authority to Issue Permits. {#sec-11.07.03.06 omnilex-key=us-md-regs-official--title-11--11.07.03.06}
The Maryland Transportation Authority Police may issue or renew permits, provided that the towing service company is in compliance with the requirements of these regulations and all other applicable laws.
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.07** Requirements for Permits — Experience and Equipment. {#sec-11.07.03.07 omnilex-key=us-md-regs-official--title-11--11.07.03.07}
A. A permittee shall comply with the following requirements in order to apply for and maintain a permit under these regulations.
B. A towing service company shall have at least 2 years experience in providing towing services and heavy recovery on a commercial basis.
C. Equipment.
(1) A permittee shall be required to have and provide proof of ownership or leasehold of the following equipment:
(a) Two heavy-duty tow trucks, one of which shall have a minimum 40-ton crane and one shall have a minimum 25-ton crane, and both trucks shall have a minimum heavy-duty hydraulic wheel lift with a lifting rating of 25,000 pounds, and be capable of towing 80,000 pounds gross vehicle weight. The tow trucks shall carry the following items:
(i) Mechanic's tools sufficient for performing minor repairs;
(ii) A 10-unit first-aid kit;
(iii) Lights, flares, flags, and reflectors suitable for placing on Authority property and on the truck to warn other motorists of the presence of a disabled or parked vehicle;
(iv) One dry powder or carbon dioxide fire extinguisher of not less than 10-pound capacity;
(v) A light bar mounted on the truck that is clearly visible to oncoming traffic;
(vi) A shovel and push broom;
(vii) An air compressor; and
(viii) Towing equipment necessary for the performance of towing services.
(b) One tow truck that has a manufacturer's gross vehicle rating of 14,000 pounds or more, with a crane and a hydraulic wheel lift capable of lifting at least 3,000 pounds, and capable of towing at least 7,500 pounds. This tow truck shall carry the following items:
(i) Mechanic's tools sufficient for performing minor repairs;
(ii) A 10-unit first-aid kit;
(iii) Lights, flares, flags, and reflectors suitable for placing on Authority property and on the truck to warn other motorists of the presence of a disabled or parked vehicle;
(iv) One dry powder or carbon dioxide fire extinguisher of not less than 10-pound capacity;
(v) A strobe light or LED light bar mounted on the truck that is clearly visible to oncoming traffic;
(vi) A shovel and push broom; and
(vii) Towing equipment necessary for the performance of towing services.
(c) One rollback truck that has a manufacturer's gross vehicle rating of 14,000 pounds or more, and is capable of carrying passenger vehicles. This truck shall carry the following items:
(i) Mechanic's tools sufficient for performing minor repairs;
(ii) A 10-unit first-aid kit;
(iii) Lights, flares, flags, and reflectors suitable for placing on Authority property and on the truck to warn other motorists of the presence of a disabled or parked vehicle;
(iv) One dry powder or carbon dioxide fire extinguisher of not less than 10-pound capacity;
(v) A strobe light or LED light bar mounted on the truck that is clearly visible to oncoming traffic; and
(vi) A shovel and push broom.
(2) If any of the permittee's equipment becomes disabled, out of service, or otherwise unavailable, the permittee shall promptly notify the Maryland Transportation Authority Police Detachment Commander within the Authority property or zone. A permittee shall use temporarily, for not more than 20 days, suitable equivalent equipment, owned or leased by the permittee, while the disabled or missing equipment is being repaired or replaced.
(3) A permittee shall have available and maintain, at the permittee's expense, a mode of communication capable of communicating with the Authority and the police.
(4) The type, design, and condition of the equipment required under this regulation shall be at all times in good operating condition so that the equipment will efficiently perform the work required. All equipment used by a permittee under these regulations shall be subject at any time to inspection by the Maryland Transportation Authority Police Commercial Vehicle Safety Unit.
(5) A permittee shall have the ability to accept forms of payment in accordance with Regulation .16 of this chapter.
D. Registration. Each tow truck owned or leased by a permittee shall be properly registered with the Motor Vehicle Administration as a Class T vehicle, and at all times shall display the distinctive registration plate authorized by the Motor Vehicle Administration.
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.08** Requirements for Permits — Equipment Operators and Facilities. {#sec-11.07.03.08 omnilex-key=us-md-regs-official--title-11--11.07.03.08}
A. Equipment Operators.
(1) Equipment operators shall have in their possession a valid commercial driver's license (CDL) with a minimum rating of Class B.
(2) Equipment operators shall be familiar with and comply with all Maryland vehicle laws.
(3) Equipment operators shall be fully trained and thoroughly familiar with the operation of the equipment being used.
(4) Permittees may not employ equipment operators under this regulation who have been convicted of:
(a) A felony;
(b) A misdemeanor directly related to towing, road service, or storage of vehicles;
(c) Driving while intoxicated or under the influence of alcohol, drugs, or any controlled dangerous substance; or
(d) A criminal traffic offense.
B. Facilities. A permittee shall have available on its premises the following facilities for use by the motorists of disabled vehicles:
(1) A waiting room;
(2) A public telephone;
(3) Toilet facilities;
(4) A garage equipped and maintained to furnish prompt repair service for vehicles towed to its location for repairs, or the ability to arrange for prompt repair service; and
(5) A storage space of approximately 50 feet by 100 feet, adequately safeguarded against vandalism and theft, to store towed vehicles.
C. Stored vehicles may only be claimed during normal business hours, unless alternative arrangements are made at least 24 hours in advance.
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.09** Authority Actions on Permit Applications. {#sec-11.07.03.09 omnilex-key=us-md-regs-official--title-11--11.07.03.09}
A. Upon receipt of an application for a permit, the Chief of Police or the Chief's designee may compile and review the required documentation and may conduct on-site inspections, check appropriate business records, and conduct necessary interviews to verify whether the applicant meets the minimum basic requirements identified in Regulations .07 and .08 of this chapter and is otherwise qualified for a permit.
B. If an applicant is determined to be qualified, the Chief of Police or the Chief designee may issue a written permit to the applicant, along with a list of approved rates as described in Regulation .15 of this chapter.
C. If more than one permit is issued for any Authority property or zone, the Maryland Transportation Authority Police and the permittees shall establish a rotation system, subzones, or other system to ensure that the permittees receive fair and equitable distribution of towing and road service calls.
D. If an applicant does not provide a completed application to the Authority or does not meet the minimum basic requirements identified in Regulations .07 and .08 of this chapter, the Chief of Police or the Chief's designee may deny the applicant's permit application, and shall advise the applicant in writing of the reasons why the application is denied. A determination to deny an application based on this section may not be appealed. An applicant may attempt to correct any deficiencies prior to the permit application closing date.
E. If an applicant meets the basic requirements in Regulations .07 and .08 of this chapter, but is determined to be unqualified based on other factors, including but not limited to inadequate prior performance, violations of law, or these regulations, the Chief of Police or the Chief's designee shall advise the applicant in writing of the reasons the applicant is found unqualified and the permit application is denied. A determination of nonqualification and denial of a permit under this section may be appealed in accordance with Regulation .24 of this chapter.
**Cross References**
11.07.03.21
11.07.03.24A
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.10** Access to Property of the Authority. {#sec-11.07.03.10 omnilex-key=us-md-regs-official--title-11--11.07.03.10}
A. The Authority shall allow access onto Authority property to the extent necessary for a permittee to perform services permitted under these regulations. Tolls for a permittee's use of Authority property in connection with services performed under a permit may not be waived. The permittee may recover from the motorist of the towed vehicle the actual cost of the tolls charged for use of Authority property.
B. Unless otherwise required by any rule or regulation, a permittee shall comply strictly with the following provisions:
(1) A permittee's vehicle is allowed to enter and leave Authority property only at interchanges or emergency gates designated by the Authority, unless otherwise allowed in writing by the Chief of Police or the Chief's designee.
(2) A permittee's vehicle may not travel in a direction opposite to the normal flow of traffic, unless otherwise directed by the police.
(3) A permittee's vehicle may make U-turns on Authority property at points designated by the Authority when the permittee is responding to a request for service. However, a permittee's vehicle may not make a U-turn while towing a disabled vehicle, except as authorized by the police.
(4) A permittee's equipment operator shall cooperate with and follow all directions of the police and authorized employees of the Authority in all matters concerning clearing of the roadway and traffic control on Authority property.
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.11** Police Actions. {#sec-11.07.03.11 omnilex-key=us-md-regs-official--title-11--11.07.03.11}
A. This regulation does not apply if an owner or operator of a vehicle requests a specific towing service company or road service organization, regardless of that entity's ability to qualify under these regulations. The Authority may honor the request if the vehicle is safely on the shoulder of the road and is not impeding traffic flow, unless:
(1) It would create an unreasonable time delay;
(2) A traffic safety problem exists; or
(3) The vehicle is disabled in the roadway as a result of a collision or vehicle fire.
B. When there is a disabled vehicle, impounded vehicle, improperly parked vehicle, or unattended vehicle on Authority property, the police shall request their Police Communications Center to contact the permittee for that Authority property or zone to provide towing or repair services, as required.
C. Towing or repair service requests shall be sent by the Police Communications Center by telephone to the permittee for the Authority property or zone in which the vehicle requiring service is located. Requests shall include:
(1) The location of the vehicle or vehicles by mile marker or descriptive references, or both;
(2) The numbers and types of vehicles involved, including year, make, and model, if available;
(3) The nature of the service requested (for example, towing, tire repair, road service, etc.); and
(4) Other pertinent information.
D. In the event of specialized recovery requirements that cannot be met within a reasonable period by a permittee for an Authority property or zone of the Authority, the Police Communications Center shall call the nearest permittee which can provide the specialized equipment.
E. In the event of an accident involving multiple disabled vehicles, the permittee for that property or zone shall be advised of the number of vehicles requiring towing, and shall be given the opportunity to remove all of the vehicles if the permittee has, or can obtain, sufficient equipment to accomplish removal within a reasonable time. If a permittee lacks the equipment to handle multiple removals in a timely fashion, the Police Communications Center shall contact other permittees to assist in vehicle removals.
F. A police communications center shall maintain logs and records of towing service requests and responses.
G. Requests for towing or repair services may be cancelled by the police at any time. Neither the Authority, nor the police are responsible in any way for any costs incurred by a permittee in response to a request that is cancelled, or when a service is not rendered.
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.12** Permittee's Duties. {#sec-11.07.03.12 omnilex-key=us-md-regs-official--title-11--11.07.03.12}
A. A permittee shall respond only to requests made by the police for towing or road service on Authority property. In the event of a call or request for towing or road service by someone other than a police communications center, the permittee shall first clear the call with the police communications center before proceeding to the scene.
B. A permittee shall have one daytime and one nighttime toll-free telephone number to receive requests for towing or road service. Answering services or beepers may not be used.
C. A permittee or its employee or employees shall be available on a 7-day-per-week, 24-hour-per-day basis to provide towing, road service, and storage of vehicles.
D. A permittee or its employee or employees shall be available during the permittee's normal business hours for the purpose of releasing a vehicle being stored at the permittee's storage space, when the owner or custodian of the vehicle claims the vehicle.
E. A permittee or its employee or employees shall be responsible for payment of all tolls, including the vehicle performing the tow and vehicles being towed.
F. Permittee's Responsibility to Respond.
(1) Upon notification or request by the police for service, a permittee shall respond and shall provide prompt service to an identified vehicle within 30 minutes of receipt of notification, at the location of the vehicle, provided by the police. If such a response cannot be made within the time required, the permittee shall notify the Police Communications Center of the estimated time of response and the reasons for delay. In this event, the Police Communications Center may cancel the request for service and use the services of another permittee or towing service company.
(2) Following notification or request by the police, the permittee shall respond immediately to the notification and estimate the time of arrival.
(3) Upon arrival at the location of a vehicle, the permittee shall transmit the actual time of arrival and time the service requested is completed.
G. The permittee shall ensure that all its operations conform to all applicable laws and regulations.
H. In performing its services, a permittee shall take precautions to prevent interference with traffic on Authority property.
I. A permittee may refer certain types of towing or road service requests (that is, specialized towing, truck tire repair, etc.) to other companies or businesses allowed to perform these services under the permittee's permit. Before making a referral, the permittee shall obtain written permission from the Chief of Police or the Chief's designee authorizing these referrals to specific companies or businesses. Referred companies or businesses are required to comply with all of the applicable terms and conditions of these regulations and the referring permittee's permit.
J. An equipment operator shall:
(1) Perform the towing or road services required in full compliance with all applicable laws, regulations, safety procedures, and police directions;
(2) Sweep glass from the roadway and remove all debris and hazards from accident scenes.
K. A permittee and the permittee's equipment operator or operators may not discriminate in any manner against any person because of race, color, religion, creed, age, sex, marital status, national origin, ancestry, or physical or mental handicap.
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.13** Absence of Operator or Owner of Vehicle. {#sec-11.07.03.13 omnilex-key=us-md-regs-official--title-11--11.07.03.13}
A. If the operator or owner of a disabled vehicle is absent or unable to give instructions for the disposition of the disabled vehicle, or in the case of an unattended vehicle, the police shall impound the vehicle and direct a permittee to remove the vehicle from Authority property and tow it to the permittee's vehicle storage facility. The police shall provide the permittee with the name and address of the registered owner of the vehicle.
B. If a vehicle becomes an abandoned vehicle, the police shall provide the notices required by Transportation Article, §25-204, Annotated Code of Maryland.
C. Abandoned vehicles that are not claimed within the time prescribed by law may be disposed of in accordance with Transportation Article, Title 25, Subtitle 2, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.14** Impoundment. {#sec-11.07.03.14 omnilex-key=us-md-regs-official--title-11--11.07.03.14}
A. If a vehicle is impounded by the police, the permittee shall tow and store the vehicle as directed by the police.
B. A permittee may not release an impounded vehicle and any personal property contained within it to its owner or other legally authorized claimant unless the law enforcement agency that impounded the vehicle authorizes the release in writing. The permittee shall be authorized to recover the costs of towing and storage from the owner or other legally authorized claimant before releasing the impounded vehicle and personal property.
C. If an impounded vehicle becomes an abandoned vehicle, the police may dispose of the vehicle in accordance with Transportation Article, Title 25, Subtitle 2, Annotated Code of Maryland.
**Cross References**
11.07.10.05E
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.15** Maximum Charges. {#sec-11.07.03.15 omnilex-key=us-md-regs-official--title-11--11.07.03.15}
A. The Chief of Police or the Chief's designee shall establish a maximum amount that may be charged by a permittee for services rendered in connection with a permit issued under these regulations. A permittee may not charge more than the maximum amount established for such services, regardless of whether the permittee provides and performs its services on Authority property or at any other place.
B. The Chief of Police or the Chief's designee shall establish a maximum amount that may be charged by a permittee to perform and provide the following services:
(1) Towing service for the following types of vehicles:
(a) Passenger vehicles, up to and including 3/4-ton trucks; and
(b) Commercial vehicles, which include:
(i) Vehicles of more than 3/4-ton, loaded or unloaded,
(ii) Tractor-trailers and towing vehicles, loaded or unloaded, and
(iii) Buses;
(2) Winching service, only if this service is provided for vehicles off a paved or improved portion of any Authority property for:
(a) Passenger vehicles, up to and including 3/4-ton trucks, per 1/4 hour of actual winch use to position the disabled vehicle for towing; and
(b) Commercial vehicles as described in §B(1)(b) of this regulation, per 1/4 hour of actual winch use to position the disabled vehicle for towing;
(3) Other services, which include:
(a) Use of dolly wheels or wheel lifts when a vehicle cannot be towed from its front or rear;
(b) Connecting air lines;
(c) Disconnecting drive shaft;
(d) Removing each axle;
(e) Road service, excluding labor and materials; and
(f) Vehicle storage, charges for which begin accruing 24 hours after the vehicle is towed in for storage for:
(i) Passenger vehicles, up to and including 3/4-ton trucks, per day, and
(ii) Commercial vehicles, as described in §B(1)(b) of this regulation, per day.
C. Miscellaneous Charges.
(1) Charges for parts furnished in connection with repairs made by the permittee for vehicles removed from any Authority property may not exceed the rates of the applicable dealer's list cost on parts.
(2) Labor Rates for Road and Mechanical Repair.
(a) A permittee shall file its labor rates for road and mechanical repair services with the Chief of Police or the Chief's designee. The labor rates may not exceed the prevailing rates in the permittee's area for similar services.
(b) The Chief of Police or the Chief's designee shall review the labor rates for road and mechanical repair services as filed by the permittee. If the rates are in accordance with the prevailing rates in the permittee's area, the Chief of Police or the Chief's designee shall approve the rates as filed.
(c) If the labor rates for road and mechanical repair services are not in accordance with the prevailing rates in its area, the Chief of Police or the Chief's designee may not approve the rates as filed, and shall require the permittee to file a revised schedule of labor rates for repair services, which shall be consistent with the prevailing rates in the permittee's area.
(3) A permittee may not impose a duplicate charge for any services subsequently performed on a disabled vehicle in its garage after the permittee has performed similar services on the vehicle on Authority property before towing the vehicle to the permittee's garage for further servicing.
(4) A permittee may impose only one flat-rate charge, as established by the Chief of Police or the Chief's designee for towing a vehicle from its initial location to the permittee's place of business, to its garage or storage facility, or, at the request of the owner or operator, to the nearest interchange off Authority property.
(5) A permittee may not impose a charge for either a backward tow or for a hook-up for tow.
(6) A permittee may impose a reasonable charge for preparing a vehicle for tow, only in the event of an accident or unusual damage which would prevent a vehicle from being towed without preparation.
(7) A vehicle owner or operator requesting service, if available, shall be required to sign a written estimate for the cost of the service. The permittee may also obtain authorization for the estimate by telephone.
D. The Chief of Police or the Chief's designee may, from time to time, increase the maximum charges for services set in accordance with these regulations.
E. Exceptions.
(1) A permittee may impose a charge higher than the estimated maximum charges if an operator or owner of a vehicle requests that the vehicle be towed to a place other than the permittee's place of business, or to its garage or storage facility. For this request, a permittee may charge the prevailing rate for similar services performed in the permittee's area.
(2) If the operator or owner of a vehicle requests that the vehicle be towed to a place other than the permittee's place of business, its garage or storage facility, or to the nearest interchange off Authority property, the permittee shall record legibly on the statement of charges the:
(a) Request made by the operator or owner of the vehicle; and
(b) Higher rate, if any, charged by the permittee.
**Cross References**
11.07.03.09B
11.07.08.05B
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.16** Payment for Services. {#sec-11.07.03.16 omnilex-key=us-md-regs-official--title-11--11.07.03.16}
A. The operator or owner of a vehicle for which a permittee provides any services under these regulations is responsible for any charge imposed for those services. Neither the Authority nor the State is responsible or liable for any cost associated with services performed by a permittee.
B. A permittee shall accept all reasonable forms of payment from the owner or operator of a vehicle for whom the permittee has performed a service in accordance with these regulations. A reasonable form of payment includes:
(1) United States currency;
(2) A check guaranteed by a commercial service; or
(3) A major credit card.
C. Personal checks may be accepted at the permittee's discretion.
**Cross References**
11.07.03.07C(5)
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.17** Billing and Records. {#sec-11.07.03.17 omnilex-key=us-md-regs-official--title-11--11.07.03.17}
A. A permittee shall make three copies of a serially numbered statement of charges for each transaction of services performed in accordance with these regulations. One copy shall be provided to the operator or owner of the vehicle for whom the service was performed, one copy shall be provided to the Chief of Police or the Chief's designee within a week after the service has been completed, and one copy shall be retained by the permittee for its records.
B. Each copy of the statement of charges shall clearly and legibly show the following information:
(1) The name of the person receiving the service;
(2) The year, make, and type of vehicle on which service was performed;
(3) The vehicle registration number and the state of registration;
(4) The service report number or radio transmission number furnished by the police;
(5) The location at which the service was performed by reference to the nearest milepost or the nearest Authority building;
(6) The date;
(7) The time when service began and when service was completed;
(8) The type of work performed;
(9) The parts used, if any;
(10) The rates charged, itemized separately for each service performed;
(11) The towing or road service charge made;
(12) The total charge for all the services performed; and
(13) If available, the signature of the operator or owner of the vehicle for whom services were performed.
C. The method of billing set forth in this regulation applies to all services that are covered under these regulations, including services performed on a vehicle after it has been towed to a permittee's place of business or garage from Authority property.
D. A permittee shall make available all of its records for inspection by designated representatives of the Authority at all reasonable times. During an inspection by the Authority's representatives, a permittee shall furnish any record, report, or tabulation of services performed on a vehicle pursuant to a permit, as may be required by the inspectors.
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.18** Insurance. {#sec-11.07.03.18 omnilex-key=us-md-regs-official--title-11--11.07.03.18}
A. Within 10 days from the issuance of a permit by the Authority, a permittee shall furnish and maintain with the Chief of Police or the Chief's designee continuing evidence that the permittee has public liability and property damage insurance, as described in this regulation, with an insurance company or companies licensed to do business in the State.
B. The insurance carried by a permittee shall protect the permittee, the Authority, and the State from claims for damages for bodily injury, including death, and for damages to property caused by an act or omission by a permittee or any of the permittee's employees, agents, or representatives in connection with the performance of services under these regulations. The insurance policy shall require that the insurer notify the Chief of Police in writing at least 30 days prior to the effective date of any expiration or cancellation of the policy. A certificate of insurance shall be provided to the Chief of Police or the Chief's designee within 10 days of issuance of the permit.
C. The insurance carried by a permittee shall be in the following amounts:
(1) A minimum of $1,000,000 for injuries, including death, to any one person;
(2) A minimum of $1,000,000 for any injuries, including death, resulting from any single incident; and
(3) A minimum of $1,000,000 for damages to, or destruction of, property as a result of any single incident.
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.19** Indemnification. {#sec-11.07.03.19 omnilex-key=us-md-regs-official--title-11--11.07.03.19}
By accepting a permit under this chapter, a permittee shall defend, indemnify, and hold harmless the Authority and the State, their members, employees, and agents against all claims, suits, costs of every kind and description, including attorney's fees, and from liability for damages to which the Authority and the State, their members, employees, and agents may be subjected by reason of injury or damage to any person or property due to the acts or omissions of the permittee, its employees, agents, or representatives in connection with the performance of services under these regulations.
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.20** Permits Not Transferrable. {#sec-11.07.03.20 omnilex-key=us-md-regs-official--title-11--11.07.03.20}
A permit issued to a permittee may not be transferred to any other person.
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.21** Denial of Permits. {#sec-11.07.03.21 omnilex-key=us-md-regs-official--title-11--11.07.03.21}
The Chief of Police or the Chief's designee may deny an application for a permit in accordance with Regulation .09 of this chapter.
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.22** Prohibited Actions and Enforcement. {#sec-11.07.03.22 omnilex-key=us-md-regs-official--title-11--11.07.03.22}
A. The following actions are prohibited:
(1) Chasing or running wrecks without a proper request from the Police Communications Center;
(2) Soliciting at the scene of an accident or disabled vehicle; and
(3) Providing towing or road service to a disabled vehicle without clearance from the police.
B. The police may issue citations to enforce these regulations.
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.23** Warning, Suspension, and Revocation. {#sec-11.07.03.23 omnilex-key=us-md-regs-official--title-11--11.07.03.23}
A. The Chief of Police or the Chief's designee may warn a permittee, or suspend or revoke a permit in accordance with this regulation when:
(1) The Authority receives a complaint from a member of the public or the police regarding the permittee, and the police determine there is a valid basis for the complaint following an investigation;
(2) The permittee violates any of these regulations; or
(3) The permittee violates any other law that may affect the permittee's ability to adequately perform under these regulations.
B. Letter of Warning.
(1) The Chief of Police or the Chief's designee shall issue a letter of warning to a permittee via certified mail upon verification of a complaint for the first time, or, upon the permittee's first violation of any of these regulations.
(2) The letter of warning shall:
(a) State the substance of the complaint or the law or regulation violated; and
(b) Give the permittee an opportunity to explain the complaint or the violation of a regulation within 10 calendar days of the date of receipt of the letter of warning.
(3) If the permittee provides an explanation acceptable to the Chief of Police or the Chief's designee, the Chief of Police or the Chief's designee may take no further action regarding the complaint or the violation of a regulation.
(4) If the permittee does not provide an explanation that is acceptable to the Chief of Police or the Chief's designee, the letter of warning and related documentation shall become a part of the permittee's records maintained by the Authority.
C. Suspension of Permit.
(1) The Chief of Police or the Chief's designee shall suspend a permit upon the verification of a second complaint or upon the permittee's second violation of any of these regulations.
(2) A notice of proposed suspension shall be forwarded to the permittee via certified mail and shall state the substance of the complaint or the law or regulation violated.
(3) Opportunity for Explanation by Permittee.
(a) The notice of proposed suspension shall give the permittee an opportunity to explain the complaint or the violation of the law or regulation within 10 calendar days of the date of receipt of the notice of proposed suspension.
(b) The permittee may provide evidence to support its explanation. A permittee's failure to give an explanation shall be cause to sustain the notice of proposed suspension.
(c) The Chief of Police or the Chief's designee may accept or reject the permittee's explanation.
(4) The period of a second suspension shall be at least 30 days, but not more than 60 days, as may be determined by the Chief of Police or the Chief's designee. The Chief of Police or the Chief's designee shall forward to the permittee via certified mail a written notice of the suspension that identifies the period of suspension.
(5) The notice of suspension and related documentation shall become a part of the permittee's records maintained by the Authority.
D. Revocation of Permit.
(1) The Chief of Police or the Chief's designee shall revoke a permit:
(a) Upon the verification of a third complaint;
(b) Upon the permittee's third violation of any of these regulations; or
(c) Upon verification of any single violation of the law or these regulations, if the violation is sufficiently egregious to undermine confidence in the permittee's ability to adequately perform under the requirements of the permit.
(2) A notice of proposed revocation shall be forwarded to the permittee via certified mail and shall state the:
(a) Substance of the complaint, regulation, or law violated; and
(b) Any prior complaints or regulations violated.
(3) Opportunity for Explanation by Permittee.
(a) The notice of proposed revocation shall give the permittee an opportunity to explain the complaint or the violation of law or regulation within 20 calendar days of the receipt of the notice of proposed revocation.
(b) The permittee may provide evidence to support its explanation. A permittee's failure to give an explanation shall be cause to sustain the notice of proposed revocation.
(c) The Chief of Police or the Chief's designee may accept or reject the permittee's explanation.
(4) Upon revocation of a permit, the Chief of Police or the Chief's designee shall forward a written notice of revocation via certified mail to the permittee.
(5) Upon revocation of a permit, a permittee may not apply for another permit from the Authority for 1 year.
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.03.24** Appeal of Suspension or Revocation of a Permit. {#sec-11.07.03.24 omnilex-key=us-md-regs-official--title-11--11.07.03.24}
A. A permittee whose permit is suspended, revoked, or denied pursuant to Regulation .09E of this chapter may appeal the suspension or revocation to the Executive Director of the Authority within 7 calendar days of receipt of the written notice of the suspension, revocation, or denial.
B. The permittee shall submit in writing the reasons why the suspension, revocation, or denial was improper.
C. The Executive Director or the Executive Director’s designee shall review the permittee’s written appeal and shall set a date to conduct a contested case hearing. The Executive Director may delegate the authority to conduct the contested case hearing to the Office of Administrative Hearings in accordance with State Government Article, §10-205, Annotated Code of Maryland.
D. The Executive Director or the Executive Director’s designee shall render a final agency decision in writing.
E. A party to the contested case may appeal an adverse decision as permitted by the Administrative Procedure Act, State Government Article, §10-222, Annotated Code of Maryland.
**Cross References**
11.07.03.09E
**History**
- *Administrative History: Effective date: January 14, 1991 (17:26 Md. R. 2976)*
- *Administrative History: Regulation .01B amended effective April 5, 1999 (26:7 Md. R. 544); January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02A amended effective April 5, 1999 (26:7 Md. R. 544); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .03B amended effective April 5, 1999 (26:7 Md. R. 544); December 17, 2018 (45:25 Md. R. 1205)*
- *Administrative History: Regulation .03D amended effective August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .04A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .04A, B amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .05 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .05 repealed effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .06 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .07B, C amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .07C amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .07D adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .08A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .08B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .08C adopted effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .09 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .10A amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .11 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .11A amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .11A, D, E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .11B amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .12C amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .12E amended effective January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .13 amended effective April 5, 1999 (26:7 Md. R. 544)*
- *Administrative History: Regulation .13A amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Administrative History: Regulation .13A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .14B amended effective August 15, 1994 (21:16 Md. R. 1384); January 30, 2006 (33:2 Md. R. 83)*
- *Administrative History: Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .16A, B amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .17 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .18 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .19 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .20 amended effective January 30, 2006 (33:2 Md. R. 83); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .21 amended effective April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .22 amended effective August 15, 1994 (21:16 Md. R. 1384); April 5, 2010 (37:7 Md. R. 572)*
- *Administrative History: Regulation .24 amended effective April 5, 2010 (37:7 Md. R. 572); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .24E amended effective August 15, 1994 (21:16 Md. R. 1384)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
## **11.07.04** Open Meetings
##### **COMAR 11.07.04.01** General. {#sec-11.07.04.01 omnilex-key=us-md-regs-official--title-11--11.07.04.01}
This chapter contains procedures regarding the conduct of those attending open meetings, and the recording and broadcasting of open meetings.
**History**
- *Administrative History: Effective date: June 7, 1993 (20:11 Md. R. 914)*
- *Authority: Transportation Article, §4-205; State Government Article, §10-507; Annotated Code of Maryland*
##### **COMAR 11.07.04.02** Definitions. {#sec-11.07.04.02 omnilex-key=us-md-regs-official--title-11--11.07.04.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Authority" means the Maryland Transportation Authority.
(2) “Open session” means any meeting of the Authority required to be open to the public pursuant to the Open Meetings Law, State Government Article, Title 10, Subtitle 5, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: June 7, 1993 (20:11 Md. R. 914)*
- *Authority: Transportation Article, §4-205; State Government Article, §10-507; Annotated Code of Maryland*
##### **COMAR 11.07.04.03** Public Attendance. {#sec-11.07.04.03 omnilex-key=us-md-regs-official--title-11--11.07.04.03}
A. The general public is invited to attend and observe any open session of the Authority.
B. Except in instances when the Authority expressly invited public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the public attending an open session may not participate in the session.
**History**
- *Administrative History: Effective date: June 7, 1993 (20:11 Md. R. 914)*
- *Authority: Transportation Article, §4-205; State Government Article, §10-507; Annotated Code of Maryland*
##### **COMAR 11.07.04.04** Disruptive Conduct. {#sec-11.07.04.04 omnilex-key=us-md-regs-official--title-11--11.07.04.04}
A. An individual attending an open session of the Authority may not engage in any conduct, including but not limited to visual demonstrations such as the display of placards, signs, or banners, that disrupts the session or interferes with the right of members of the public to attend and observe the session.
B. The presiding officer may:
(1) Order an individual who engages in conduct prohibited by §A of this regulation or who violates any other regulation concerning the conduct of the open session to be removed from the session;
(2) Request police or other assistance to restore order; and
(3) Recess the open session while order is restored.
**History**
- *Administrative History: Effective date: June 7, 1993 (20:11 Md. R. 914)*
- *Authority: Transportation Article, §4-205; State Government Article, §10-507; Annotated Code of Maryland*
##### **COMAR 11.07.04.05** Recording, Photocopying, and Broadcasting of Open Sessions. {#sec-11.07.04.05 omnilex-key=us-md-regs-official--title-11--11.07.04.05}
A. A member of the public, including any representative of the news media, may:
(1) Record discussions of the Authority at an open session by means of a tape recorder or other recording device if the device does not create noise that disturbs members of the Authority or others attending the open session;
(2) Photograph or videotape the proceedings of the Authority at an open session if the camera is operated without excessively bright artificial light or noise that disturbs members of the Authority or others attending the open session.
B. A representative of the news media may broadcast or televise the proceedings of the Authority at an open session if the equipment used:
(1) Is operated without excessively bright artificial light that disturbs members of the Authority or others attending the open session; and
(2) Does not create noise that disturbs members of the Authority or others attending the open session.
C. The presiding officer may restrict the movement of an individual who is using a recording device, camera, or broadcasting or televising equipment if the restriction is necessary to maintain the orderly conduct of the open session.
**History**
- *Administrative History: Effective date: June 7, 1993 (20:11 Md. R. 914)*
- *Authority: Transportation Article, §4-205; State Government Article, §10-507; Annotated Code of Maryland*
##### **COMAR 11.07.04.06** Recordings Not Part of Record. {#sec-11.07.04.06 omnilex-key=us-md-regs-official--title-11--11.07.04.06}
A recording of an open session made by a member of the public, including a representative of the news media, or any transcript derived from a recording, is not a part of the record of any proceeding of the open session.
**History**
- *Administrative History: Effective date: June 7, 1993 (20:11 Md. R. 914)*
- *Authority: Transportation Article, §4-205; State Government Article, §10-507; Annotated Code of Maryland*
## **11.07.05** Public Notice of Toll Schedule Revisions
##### **COMAR 11.07.05.01** Scope. {#sec-11.07.05.01 omnilex-key=us-md-regs-official--title-11--11.07.05.01}
This chapter applies to increase of tolls, certain fees, mileage rates, pricing periods, dynamic pricing, frequency of use, and commuter programs that apply to Authority highways or transportation facilities projects.
**History**
- *Administrative History: Effective date: October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .01 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .02B amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .03 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .04 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .05 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.05 adopted effective May 27, 2013 (40:10 Md. R. 917)*
- *Administrative History: Regulation .02B amended effective October 27, 2014 (41:21 Md. R. 1260); November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .04B amended effective October 27, 2014 (41:21 Md. R. 1260); November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective November 4, 2019 (46:22 Md. R. 977)*
- *Administrative History: Regulation .02B amended effective November 16, 2020 (47:23 Md. R. 978)*
- *Administrative History: Regulation .05 amended effective November 16, 2020 (47:23 Md. R. 978)*
- *Authority: Transportation Article, §§4-205, 4-312, 21-1401, 21-1414, and 27-110, Annotated Code of Maryland*
##### **COMAR 11.07.05.02** Definitions. {#sec-11.07.05.02 omnilex-key=us-md-regs-official--title-11--11.07.05.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Authority” means the Maryland Transportation Authority.
(2) “Authority highway” has the meaning stated in Transportation Article, §21-1401, Annotated Code of Maryland.
(3) “Dynamic pricing” means a method of calculating the toll where the dynamic pricing mileage rate varies within the approved toll rate range in real time.
(4) “Dynamic pricing mileage rate” means the amount per mile used to calculate the toll within the approved toll rate range on a variably priced facility with dynamic pricing.
(5) “Executive Director” means the Executive Director of the Maryland Transportation Authority.
(6) “Fee” means an electronic toll collection account maintenance fee.
(7) “Fixed-price toll facility” means an Authority highway where vehicles are subject to a toll that remains constant over time until the toll schedule is changed consistent with the provisions of this chapter.
(8) “Operational metrics” means the performance criteria established to monitor real-time traffic conditions and may include, but is not limited to, traffic speed, traffic volume, travel delay durations or distances, or any combination of these performance criteria.
(9) “Pricing period” means the hours of the day, or portions thereof, and days of the week or special days such as holidays during which a time of day pricing mileage rate is in effect on a variably priced toll facility.
(10) “Soft rate cap” means a maximum toll rate on a variably priced toll facility with dynamic pricing within the approved toll rate range that may only be exceeded when required to achieve established operational metrics.
(11) “Time of day pricing” means a method of calculating the toll where the toll varies according to a fixed, advertised schedule depending on the time of day pricing mileage rate in effect for a pricing period and toll zone.
(12) “Time of day pricing mileage rate” means the amount per mile used to calculate the tolls on a variably priced toll facility with time of day pricing.
(13) “Toll” means the charge due as established by the Authority for passage of a vehicle through an Authority highway.
(14) “Toll facility operator” means a third party other than the Authority authorized to operate a toll facility under a contract.
(15) “Toll rate range” means the approved minimum and maximum toll rates as approved by the Authority.
(16) “Toll zone” means the area between two access points used to calculate the toll on a variably priced toll facility.
(17) “Tolling algorithm” means an automated program or mathematical formula that utilizes operational metrics, predicted traffic patterns, any other selected data points or information, or any combination thereof to set dynamic pricing mileage rates.
(18) “Variably priced toll facility” means an Authority highway or transportation facilities project where travel on some or all lanes is subject to a toll that varies based on time of day pricing or dynamic pricing.
**History**
- *Administrative History: Effective date: October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .01 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .02B amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .03 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .04 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .05 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.05 adopted effective May 27, 2013 (40:10 Md. R. 917)*
- *Administrative History: Regulation .02B amended effective October 27, 2014 (41:21 Md. R. 1260); November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .04B amended effective October 27, 2014 (41:21 Md. R. 1260); November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective November 4, 2019 (46:22 Md. R. 977)*
- *Administrative History: Regulation .02B amended effective November 16, 2020 (47:23 Md. R. 978)*
- *Administrative History: Regulation .05 amended effective November 16, 2020 (47:23 Md. R. 978)*
- *Authority: Transportation Article, §§4-205, 4-312, 21-1401, 21-1414, and 27-110, Annotated Code of Maryland*
##### **COMAR 11.07.05.03** Procedures for Increases on Fixed-Price Facilities. {#sec-11.07.05.03 omnilex-key=us-md-regs-official--title-11--11.07.05.03}
The Chairman and members of the Authority shall comply with the provisions established in Transportation Article, §4-312, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .01 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .02B amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .03 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .04 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .05 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.05 adopted effective May 27, 2013 (40:10 Md. R. 917)*
- *Administrative History: Regulation .02B amended effective October 27, 2014 (41:21 Md. R. 1260); November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .04B amended effective October 27, 2014 (41:21 Md. R. 1260); November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective November 4, 2019 (46:22 Md. R. 977)*
- *Administrative History: Regulation .02B amended effective November 16, 2020 (47:23 Md. R. 978)*
- *Administrative History: Regulation .05 amended effective November 16, 2020 (47:23 Md. R. 978)*
- *Authority: Transportation Article, §§4-205, 4-312, 21-1401, 21-1414, and 27-110, Annotated Code of Maryland*
##### **COMAR 11.07.05.04** Procedures for Increases on Variably Priced Toll Facilities Using Time of Day Pricing. {#sec-11.07.05.04 omnilex-key=us-md-regs-official--title-11--11.07.05.04}
A. The Chairman and members of the Authority shall comply with the provisions established in Transportation Article, §4-312, Annotated Code of Maryland.
B. The Executive Director may set or adjust the time of day pricing mileage rate, pricing period, or toll zones consistent with the toll rate range established by the Authority in accordance with §A of this regulation. The Authority shall post notice of such action by the Executive Director on the Authority’s official website at least 10 days prior to the effective date.
**History**
- *Administrative History: Effective date: October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .01 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .02B amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .03 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .04 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .05 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.05 adopted effective May 27, 2013 (40:10 Md. R. 917)*
- *Administrative History: Regulation .02B amended effective October 27, 2014 (41:21 Md. R. 1260); November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .04B amended effective October 27, 2014 (41:21 Md. R. 1260); November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective November 4, 2019 (46:22 Md. R. 977)*
- *Administrative History: Regulation .02B amended effective November 16, 2020 (47:23 Md. R. 978)*
- *Administrative History: Regulation .05 amended effective November 16, 2020 (47:23 Md. R. 978)*
- *Authority: Transportation Article, §§4-205, 4-312, 21-1401, 21-1414, and 27-110, Annotated Code of Maryland*
##### **COMAR 11.07.05.05** Procedures for Increases on Variably Priced Toll Facilities Using Dynamic Pricing. {#sec-11.07.05.05 omnilex-key=us-md-regs-official--title-11--11.07.05.05}
A. The Chairman and members of the Authority shall comply with the provisions established in Transportation Article, §4-312, Annotated Code of Maryland.
B. The Authority may, in accordance with §A of this regulation, establish a toll rate range with respect to the dynamic pricing mileage rate for any variably priced toll facility with dynamic pricing. A toll rate range established by the Authority in accordance with §A of this regulation may distinguish among classes of users and may be automatically adjusted from time to time according to an index, escalation factor identified by the Authority, or any combination, at the time such toll rate range is established.
C. The Executive Director may set or adjust the soft rate cap, operational metrics, or toll zones consistent with the toll rate range established by the Authority in accordance with §A of this regulation. The Authority shall post notice of such action by the Executive Director on the Authority’s official website at least 10 days prior to the effective date.
D. The Authority or a toll facility operator may utilize a tolling algorithm to set a dynamic pricing mileage rate in real time or in established time increments. If a soft rate cap is established, the dynamic pricing mileage rate shall be at or below the soft rate cap when operational metrics are being met. If operational metrics are not being met, the dynamic pricing mileage rate may exceed the soft rate cap but shall still remain at or below the maximum rate allowed by the toll rate range.
**History**
- *Administrative History: Effective date: October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .01 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .02B amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .03 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .04 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .05 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.05 adopted effective May 27, 2013 (40:10 Md. R. 917)*
- *Administrative History: Regulation .02B amended effective October 27, 2014 (41:21 Md. R. 1260); November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .04B amended effective October 27, 2014 (41:21 Md. R. 1260); November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective November 4, 2019 (46:22 Md. R. 977)*
- *Administrative History: Regulation .02B amended effective November 16, 2020 (47:23 Md. R. 978)*
- *Administrative History: Regulation .05 amended effective November 16, 2020 (47:23 Md. R. 978)*
- *Authority: Transportation Article, §§4-205, 4-312, 21-1401, 21-1414, and 27-110, Annotated Code of Maryland*
##### **COMAR 11.07.05.06** Emergency Procedures. {#sec-11.07.05.06 omnilex-key=us-md-regs-official--title-11--11.07.05.06}
The Chairman and members of the Authority shall comply with the provisions established in Transportation Article, §4-312, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: October 19, 2009 (36:21 Md. R. 1592)*
- *Administrative History: Regulation .01 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .02B amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .03 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .04 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: Regulation .05 amended effective June 13, 2011 (38:12 Md. R. 706)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.05 adopted effective May 27, 2013 (40:10 Md. R. 917)*
- *Administrative History: Regulation .02B amended effective October 27, 2014 (41:21 Md. R. 1260); November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .04B amended effective October 27, 2014 (41:21 Md. R. 1260); November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective November 4, 2019 (46:22 Md. R. 977)*
- *Administrative History: Regulation .02B amended effective November 16, 2020 (47:23 Md. R. 978)*
- *Administrative History: Regulation .05 amended effective November 16, 2020 (47:23 Md. R. 978)*
- *Authority: Transportation Article, §§4-205, 4-312, 21-1401, 21-1414, and 27-110, Annotated Code of Maryland*
## **11.07.06** Public-Private Partnership Program
##### **COMAR 11.07.06.01** Purpose. {#sec-11.07.06.01 omnilex-key=us-md-regs-official--title-11--11.07.06.01}
The purpose of this chapter is to:
A. Establish a Maryland Transportation Authority Public-Private Partnership Program (Program) to enhance the State’s transportation systems, assets, functions, and infrastructure; and
B. Describe and provide a process for the development, solicitation, evaluation, award, and delivery of public-private partnerships in the Authority’s Program.
**History**
- *Administrative History: Effective date: September 8, 1997 (24:18 Md. R. 1296)*
- *Administrative History: Regulations .01—.14, Transportation Public-Private Partnerships repealed and new Regulations .01—.10, Public-Private Partnerships adopted effective December 21, 2015 (42:25 Md. R. 1544)*
- *Authority: State Finance and Procurement Article, §§10A-101 et seq., 10A-201 et seq., 10A-301 et seq., 10A-401 et seq., and 11-203(h), Annotated Code of Maryland*
##### **COMAR 11.07.06.02** Scope. {#sec-11.07.06.02 omnilex-key=us-md-regs-official--title-11--11.07.06.02}
A. In accordance with State Finance and Procurement Article, §10A-101(g)(3), Annotated Code of Maryland, the Authority is a reporting agency that may establish public-private partnerships and execute public-private partnership agreements in connection with any public infrastructure assets for which it is responsible.
B. Within the Authority, the Executive Director shall be responsible for administering the Program.
**History**
- *Administrative History: Effective date: September 8, 1997 (24:18 Md. R. 1296)*
- *Administrative History: Regulations .01—.14, Transportation Public-Private Partnerships repealed and new Regulations .01—.10, Public-Private Partnerships adopted effective December 21, 2015 (42:25 Md. R. 1544)*
- *Authority: State Finance and Procurement Article, §§10A-101 et seq., 10A-201 et seq., 10A-301 et seq., 10A-401 et seq., and 11-203(h), Annotated Code of Maryland*
##### **COMAR 11.07.06.03** Definitions. {#sec-11.07.06.03 omnilex-key=us-md-regs-official--title-11--11.07.06.03}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Authority” means the Maryland Transportation Authority.
(2) “Budget committees” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.
(3) “Chairman” has the meaning stated in Transportation Article, §4-202(a), Annotated Code of Maryland.
(4) “Department” means the Maryland Department of Transportation and its modal administrations.
(5) “Executive” means the Executive Director of the Authority.
(6) “Industry forum” means a presolicitation information gathering event that may include public and private sector participants.
(7) “Industry review meeting” means a meeting during the solicitation process with shortlisted private entities.
(8) “Members of the Authority” means those persons that compose the Authority Board and are appointed in accordance with Transportation Article, §4-202(b), Annotated Code of Maryland.
(9) “Multistep solicitation process” means a public-private partnership solicitation process that includes some or all of the following steps:
(a) Issuance of a request for qualifications;
(b) Preproposal conference;
(c) Issuance of a draft request for proposals;
(d) Industry review meetings; and
(e) Issuance of a final request for proposals.
(10) “Private entity” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.
(11) “Program” means the structure, process, methodology, and terms and conditions applicable to the Authority’s development, solicitation, evaluation, award, and delivery of transportation public infrastructure assets for which it is responsible in accordance with State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.
(12) “Public infrastructure asset” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.
(13) “Public notice of solicitation” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.
(14) “Public-private partnership” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.
(15) “Public-private partnership candidate concept application” means the documentation that must be submitted to the Steering Committee to initiate and inform a high-level review of a public-private partnership concept generated from within the Authority.
(16) “Reporting agency” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.
(17) “Responsibility determination” has the meaning stated in State Finance and Procurement Article, §10A-101, Annotated Code of Maryland.
(18) “Shortlisted private entity” means a private entity that has been both qualified based on its response to a request for qualifications and selected as one of the highest qualified private entities, allowing them to continue in the solicitation process.
(19) “Steering Committee” is the Authority’s Transportation Public-Private Partnership Steering Committee established to advise the Chairman and members of the Authority on the structure and implementation of the Authority’s Program and composed of Authority and other State employees identified by the Executive Director.
**History**
- *Administrative History: Effective date: September 8, 1997 (24:18 Md. R. 1296)*
- *Administrative History: Regulations .01—.14, Transportation Public-Private Partnerships repealed and new Regulations .01—.10, Public-Private Partnerships adopted effective December 21, 2015 (42:25 Md. R. 1544)*
- *Authority: State Finance and Procurement Article, §§10A-101 et seq., 10A-201 et seq., 10A-301 et seq., 10A-401 et seq., and 11-203(h), Annotated Code of Maryland*
##### **COMAR 11.07.06.04** Transportation Public-Private Partnerships Steering Committee. {#sec-11.07.06.04 omnilex-key=us-md-regs-official--title-11--11.07.06.04}
A. The Steering Committee is established to advise the Chairman and members of the Authority on the structure and implementation of the Authority’s Program, including, but not limited to, the following:
(1) Identifying potential public-private partnership opportunities for screening;
(2) Screening of public-private partnership opportunities, including both high-level and detailed-level;
(3) Prioritization of public-private partnership opportunities for solicitation;
(4) Developing presolicitation and solicitation plans and processes for public-private partnerships;
(5) Ongoing monitoring of public-private partnerships; and
(6) Communication and coordination with other State reporting agencies.
B. The Steering Committee shall be composed of Authority and other State employees as identified by the Executive Director.
C. The Steering Committee shall be chaired by an Authority employee who is identified by the Executive Director and referred to as the Steering Committee chair.
**History**
- *Administrative History: Effective date: September 8, 1997 (24:18 Md. R. 1296)*
- *Administrative History: Regulations .01—.14, Transportation Public-Private Partnerships repealed and new Regulations .01—.10, Public-Private Partnerships adopted effective December 21, 2015 (42:25 Md. R. 1544)*
- *Authority: State Finance and Procurement Article, §§10A-101 et seq., 10A-201 et seq., 10A-301 et seq., 10A-401 et seq., and 11-203(h), Annotated Code of Maryland*
##### **COMAR 11.07.06.05** Identification Process. {#sec-11.07.06.05 omnilex-key=us-md-regs-official--title-11--11.07.06.05}
A. Public-private partnership concepts and opportunities will be identified within the Authority and through other State, regional, local, and municipal processes.
(1) Potential public-private partnership concepts and opportunities may be identified through periodic transportation planning, communication, and evaluation processes that are carried out within the Authority, the Department, and through other State, regional, local, and municipal processes, including but not limited to:
(a) The Consolidated Transportation Program;
(b) The Statewide Transportation Improvement Program;
(c) Long-range transportation plans developed by metropolitan planning organizations; and
(d) County Priority Letters.
(2) Public-Private Partnership Candidate Concept Application.
(a) To initiate a high-level review, screening, and policy analysis of a proposed public-private partnership concept or opportunity, a Public-Private Partnership Candidate Concept Application shall be submitted to the Steering Committee chair by an internal sponsor.
(b) A Public-Private Partnership Candidate Concept Application may be submitted at any time, and may be supplemented with additional information as needed.
(c) Relevant supporting information or documentation shall be included in the submission of the Public-Private Partnership Candidate Concept Application, to the extent such information is available, including but not limited to:
(i) Preliminary ideas of public-private partnership scope, schedule, and project lifecycle considerations;
(ii) Preliminary qualitative evaluation of relevant benefits and cost;
(iii) Preliminary description of financial concepts;
(iv) Rationale for a public-private partnership delivery method relative to a conventional project delivery approach; and
(v) Additional information, as necessary, to support a high-level screening process, as outlined in Regulation .06C(1) of this chapter.
(d) The format and required contents of the Public-Private Partnership Candidate Concept Application will be:
(i) Developed and updated as needed by the Steering Committee; and
(ii) Approved by the Executive Director, Chairman, and members of the Authority.
B. Unsolicited Proposals to the Authority.
(1) In accordance with State Finance and Procurement Article, §10A-301, Annotated Code of Maryland, the Authority is permitted to accept, reject, or evaluate unsolicited proposals for public-private partnerships that will assist the Authority in implementing its functions in a manner consistent with State policy.
(2) Assets not defined as a transportation facilities project under Transportation Article, §4-101(h), Annotated Code of Maryland, are not covered by the Authority’s Program and should be submitted to the appropriate State agency.
(3) An unsolicited proposal may be submitted at any time.
(4) An unsolicited proposal shall:
(a) Be sealed and delivered to the Authority’s Headquarters to the attention of the Executive Director, bearing the private entity’s name, address, and the words “Public-Private Partnership Unsolicited Proposal” clearly on the outside; and
(b) Consist of 15 hardcopies and 1 electronic copy.
(5) Unsolicited Informational Meetings.
(a) Private entities may request meetings with the Steering Committee to discuss potential unsolicited proposals prior to submission.
(b) Requests for unsolicited informational meetings shall be submitted to the Steering Committee chair.
(c) The Steering Committee is not required to grant meetings in response to a request.
(d) During unsolicited informational meetings, the Steering Committee may provide informal feedback and comments to the private entity.
(e) The primary purpose of unsolicited informational meetings is to avoid private entities spending unnecessary time and resources on the development of unsolicited proposals that do not directly meet the State’s transportation needs.
(f) A formal review and screening of an unsolicited proposal will be undertaken only after a private entity completes the formal submission process.
(6) An unsolicited proposal shall be conceptual, containing only the information required for the Steering Committee to conduct a high-level review and screening of the proposed public-private partnership concept.
(7) An unsolicited proposal shall include, at a minimum, the following:
(a) An executive summary of the major elements of the unsolicited proposal, including:
(i) The title of the proposed concept;
(ii) A brief description and justification of the proposed concept;
(iii) The name and address of the public-private partnership private entity; and
(iv) A signature of an individual authorized to act on behalf of and bind the private entity, along with the individual’s telephone number and email address;
(b) Summary of the experience, expertise, technical and financial competence, and professional qualifications of the private entity;
(c) A summary narrative that describes:
(i) The key components of the proposed public-private partnership concept;
(ii) Preliminary ideas of public-private partnership scope, schedule, and project lifecycle considerations;
(iii) Preliminary qualitative evaluation of relevant benefits and costs;
(iv) Preliminary description of financial concepts;
(v) The relevance of the public-private concept to other transportation facilities or other public infrastructure assets for which the Authority is responsible; and
(vi) A statement of the public-private partnership concept’s consistency with existing governmental transportation planning or project documents and governing law;
(d) A high-level description of financial feasibility that includes:
(i) Amounts and sources of any public funding that may be required;
(ii) How estimated funding from all relevant sources would be sufficient to support all asset delivery activities, including design, property and equipment acquisition, construction, long-term capital replacement activities, financing, operations, and maintenance; and
(iii) How estimated funding from all relevant sources would be sufficient to provide for contingencies to meet the terms and conditions under which the public infrastructure asset shall be handed back to the Authority at the expiration or termination of the public-private partnership agreement;
(e) Rationale for a public-private partnership delivery method relative to a conventional project delivery approach;
(f) A clear indication of any proprietary information that should be protected in accordance with State Finance and Procurement Article, §10A-301(d)(2), Annotated Code of Maryland; and
(g) Additional information, as necessary, to support a high-level screening process, as outlined in Regulation .06C(1) of this chapter.
(8) Unsolicited Proposal Fee.
(a) Each unsolicited proposal that addresses a project already in the Consolidated Transportation Program for which the Authority is responsible shall be accompanied by a check in the amount of $10,000 made payable to the Maryland Transportation Authority.
(b) Each unsolicited proposal that does not address a project already in the Consolidated Transportation Program and concerns a public infrastructure asset for which the Authority is responsible shall be accompanied by a check in the amount of $25,000 made payable to the Maryland Transportation Authority.
(c) The Authority reserves the right, in its sole discretion, to determine whether submitted alternates and variations of proposals will be considered separate proposals that require separate proposal fees.
(d) Unsolicited proposal fees are nonrefundable.
**History**
- *Administrative History: Effective date: September 8, 1997 (24:18 Md. R. 1296)*
- *Administrative History: Regulations .01—.14, Transportation Public-Private Partnerships repealed and new Regulations .01—.10, Public-Private Partnerships adopted effective December 21, 2015 (42:25 Md. R. 1544)*
- *Authority: State Finance and Procurement Article, §§10A-101 et seq., 10A-201 et seq., 10A-301 et seq., 10A-401 et seq., and 11-203(h), Annotated Code of Maryland*
##### **COMAR 11.07.06.06** Screening Process. {#sec-11.07.06.06 omnilex-key=us-md-regs-official--title-11--11.07.06.06}
A. The purpose of screening is to assist the Authority in determining the appropriateness, viability, and effectiveness of delivering a public infrastructure asset for which it is responsible using a public-private partnership methodology.
B. The screening methodology is a means to systematically apply uniform and consistent factors to both internally generated public-private partnership concepts and unsolicited public-private partnership concepts.
C. Two-Phase Screening Process.
(1) High-Level Screening Phase.
(a) Factors to be considered during the high-level screening may include, but are not limited to:
(i) Ability to meet State transportation, socio-economic development, workforce, and environmental goals;
(ii) Technical implementation considerations;
(iii) Potential need for coordination with other State agencies, including but not limited to the Department;
(iv) Opportunities to accelerate asset delivery implementation;
(v) Ability to allocate and share risks in a cost-effective manner that is consistent with State law and in the best interests of the State;
(vi) Opportunities to reduce reliance on public funds or finance, or both;
(vii) Public affordability considerations;
(viii) Potential for increased revenue generation and revenue sharing with the Authority; and
(ix) Potential impact on the workforce, including existing State employee workforce, if any.
(b) For internally generated public-private partnership concepts, the high level screening is conducted based on the Public-Private Partnership Candidate Concept Application and supporting information available from the internal sponsor.
(c) For unsolicited public-private partnership concepts, the high-level screening is conducted based on information provided by the private entity in an unsolicited proposal and any supplementary information available within the Authority.
(d) Based on the findings of the high level screening, the Steering Committee may recommend to the Executive Director that specific public-private partnership concepts be advanced or not be advanced to the detailed-level screening phase.
(e) Based on the findings of the high-level screening and the recommendation of the Steering Committee, the Executive Director may recommend to the Chairman and members of the Authority that specific public-private partnership concepts be advanced or not be advanced to the detailed-level screening phase.
(f) The determination is to be made by the Chairman and members of the Authority to advance or not advance a public-private partnership concept to the detailed-level screening phase.
(g) Within 45 days after receipt of a Public-Private Partnership Candidate Concept Application or an unsolicited proposal, the Steering Committee shall:
(i) Notify the internal sponsor or private entity of the date that the concept will be presented to the Chairman and members of the Authority for the determination of whether the project will be advanced or not advanced to the detailed-level screening phase; or
(ii) Request additional information from the internal sponsor or private entity.
(2) Detailed-Level Screening Phase.
(a) The detailed-level screening phase is more comprehensive than the high-level screening phase.
(b) In addition to the findings of the high-level screening phase, analyses and documentation during the detailed-level screening phase may include some or all of the following categories:
(i) Scope, design concepts, and phasing schedules;
(ii) Compliance with federal and State environmental and transportation planning requirements;
(iii) Technical and financial feasibility analyses;
(iv) Evaluation of operations and maintenance requirements;
(v) Asset lifecycle costs and revenue estimates;
(vi) Risk assessment of key asset delivery elements;
(vii) In the event that a public-private partnership delivery method may have a potential impact on the workforce or existing State employees, a preliminary assessment of the potential impact and potential options for mitigating that impact, including the protections allotted to State employees that are in effect at the time that the P3 agreement is approved by the Board of Public Works; and
(viii) Other analyses to determine the appropriateness, viability, and effectiveness of a public-private partnership delivery method.
(c) The types of analyses and resources committed to a detailed-level screening phase will be determined by the Steering Committee and the Executive Director, on a case-by-case basis.
(d) Based on the findings of the detailed-level screening, the Steering Committee will make recommendations to the Executive Director as to which public-private partnership concepts should be advanced and which should not be advanced to submission of a presolicitation report.
(e) Based on the findings of the detailed-level screening and the recommendation of the Steering Committee, the Executive Director may recommend to the Chairman and members of the Authority that specific public-private partnership concepts be advanced or not be advanced to submission of a presolicitation report.
(f) The determination is to be made by the Chairman and members of the Authority to advance or not to advance a public-private partnership concept to submission of a presolicitation report.
(g) Within 45 days after advancement of a public-private partnership concept to the detailed-level screening analysis phase, the Steering Committee shall:
(i) Notify the internal sponsor or private entity of the date that the concept will be presented to the Chairman and members of the Authority for the determination of whether the project will be advanced or not advanced to submission of a presolicitation report; or
(ii) Request additional information from the internal sponsor or private entity.
**Cross References**
11.07.06.05A(2)(c)(v)
11.07.06.05B(7)(g)
**History**
- *Administrative History: Effective date: September 8, 1997 (24:18 Md. R. 1296)*
- *Administrative History: Regulations .01—.14, Transportation Public-Private Partnerships repealed and new Regulations .01—.10, Public-Private Partnerships adopted effective December 21, 2015 (42:25 Md. R. 1544)*
- *Authority: State Finance and Procurement Article, §§10A-101 et seq., 10A-201 et seq., 10A-301 et seq., 10A-401 et seq., and 11-203(h), Annotated Code of Maryland*
##### **COMAR 11.07.06.07** Presolicitation. {#sec-11.07.06.07 omnilex-key=us-md-regs-official--title-11--11.07.06.07}
A. Presolicitation Report Development.
(1) The development of a presolicitation report for submission involves a broad range of activities that may run concurrent to the high-level and detailed-level screening phases.
(2) In consultation with the Steering Committee, the Executive Director shall determine:
(a) The tasks required for the development of a presolicitation report; and
(b) The responsible parties within the Authority.
(3) The development of a presolicitation report containing all elements required in State Finance and Procurement Article, §10A-201(b)(1), Annotated Code of Maryland, may entail a variety of tasks, including but not limited to:
(a) Analyses and documentation, including some or all of the following categories:
(i) Scope, design concepts, and phasing schedules;
(ii) Compliance with federal and State environmental and transportation planning requirements;
(iii) Technical and financial feasibility analyses;
(iv) Evaluation of operations and maintenance requirements;
(v) Asset lifecycle costs and revenue estimates;
(vi) Risk assessment of key asset delivery elements;
(vii) Other analyses determined to be necessary to determine the appropriateness, viability, and effectiveness of a public-private partnership delivery method; and
(viii) In the event that a public-private partnership delivery method may have a potential impact on existing State employees, an analysis of the potential impact and potential options for mitigating that impact;
(b) Issuing public requests for information to obtain additional information that may help the Authority confirm or refine key assumptions; and
(c) Organizing public industry forums to obtain additional information that may help the Authority confirm or refine key assumptions.
(4) If it is determined that the proposed public-private partnership delivery method will impact existing State employees, the Authority shall arrange for meetings between the Executive Director, or the Executive Director’s designee, and representatives of the affected bargaining units, if any, for a preliminary discussion of potential impact and potential options for mitigating the impact.
B. The Authority may not issue a public notice of solicitation for a public-private partnership until:
(1) The Chairman and members of the Authority approve the presolicitation notice;
(2) A presolicitation report concerning the proposed public-private partnership is submitted to the budget committees and the Department of Legislative Services in accordance with State Finance and Procurement Article, §10A-201(a), Annotated Code of Maryland, that contains the information required by State Finance and Procurement Article, §10A-201(b)(1), Annotated Code of Maryland; and
(3) The Authority has sought and received:
(a) The official designation of the Board of Public Works of the public infrastructure asset as a public-private partnership; and
(b) The approval of the Board of Public Works of the method of solicitation.
**History**
- *Administrative History: Effective date: September 8, 1997 (24:18 Md. R. 1296)*
- *Administrative History: Regulations .01—.14, Transportation Public-Private Partnerships repealed and new Regulations .01—.10, Public-Private Partnerships adopted effective December 21, 2015 (42:25 Md. R. 1544)*
- *Authority: State Finance and Procurement Article, §§10A-101 et seq., 10A-201 et seq., 10A-301 et seq., 10A-401 et seq., and 11-203(h), Annotated Code of Maryland*
##### **COMAR 11.07.06.08** Solicitation Process. {#sec-11.07.06.08 omnilex-key=us-md-regs-official--title-11--11.07.06.08}
A. General.
(1) The solicitation process for public-private partnerships shall be competitive, regardless of whether the public-private partnership concept originated internally within the Authority or from an unsolicited proposal.
(2) For each private entity that responds to a public notice of solicitation, the Authority shall make a responsibility determination in accordance with State Finance and Procurement, §10A-202(c), Annotated Code of Maryland.
B. Solicitations Relating to Concepts Described in Unsolicited Proposals.
(1) The competitive solicitation process shall protect any proprietary information that is identified as such and included in the unsolicited proposal in accordance with State Finance and Procurement, §10A-301(d)(2), Annotated Code of Maryland.
(2) An individual or firm that has submitted an unsolicited proposal may participate in any subsequent competitive solicitation process, in accordance with State Finance and Procurement, §10A-301(e), Annotated Code of Maryland.
(3) The private entity shall be responsive to all components of the subsequent competitive solicitation process even if certain information requested by the subsequent competitive solicitation process has already been submitted as part of the private entity’s unsolicited proposal.
(4) The Authority reserves the right to issue a public notice of solicitation relating to a concept described in an unsolicited proposal after the rejection or termination of the evaluation of the unsolicited proposal or any competing proposals.
C. Multistep Solicitation Process.
(1) The Authority may use a multistep solicitation process that includes, but is not limited to, some or all of the following steps:
(a) Issuance of a request for qualifications;
(b) Preproposal conference;
(c) Issuance of a draft request for proposals;
(d) Industry review meetings; and
(e) Issuance of a final request for proposals.
(2) The determination to use some or all of the solicitation steps will be on a case-by-case basis.
(3) The Authority may include additional solicitation steps on a case-by-case basis as set forth in the public notice of solicitation.
(4) Request for Qualifications.
(a) The purpose of a request for qualifications is to:
(i) Identify private entities that qualify as participants in the solicitation process; and
(ii) Identify a shortlist of the highest qualified candidates for continuing in the solicitation process, which are the shortlisted private entities.
(b) Based on the responses to the request for qualifications, the Authority may:
(i) Identify one or more private entities as qualified; and
(ii) Develop a shortlist of one or more of the highest qualified candidates for continuing in the solicitation process, which are the shortlisted private entities.
(c) Only candidates that have been selected to continue in the solicitation process as shortlisted private entities are eligible to:
(i) Participate in industry review meetings;
(ii) Receive drafts of the request for proposals;
(iii) Submit comments on drafts of the request for proposals;
(iv) Receive the final request for proposals; and
(v) Submit a written proposal in response to the final request for proposals.
(5) Preproposal Conference.
(a) The purpose of a preproposal conference is to facilitate better understanding of solicitation requirements and processes.
(b) A preproposal conference may be scheduled by the Authority after the initial public notice of solicitation for a public-private partnership.
(c) Preproposal conferences are open to all interested private entities.
(6) Draft Request for Proposals.
(a) As part of a multistep solicitation process, the Authority may issue one or more draft requests for proposals to shortlisted private entities.
(b) Draft requests for proposals may include, but are not limited to:
(i) Instructions to private entities for responding to the request for proposals;
(ii) Technical provisions;
(iii) Scope of work; and
(iv) Public-private partnership agreement key terms and components.
(c) Only shortlisted private entities may submit written or verbal comments and questions concerning the draft request for proposals to the Authority to the extent permitted by the solicitation process.
(d) The Authority may use comments and questions from shortlisted private entities for subsequent revisions to the draft request for proposals.
(7) Industry Review Meetings
(a) The Authority may conduct industry review meetings as part of a multistep solicitation process.
(b) The purpose of industry review meetings is to:
(i) Obtain comments and make revisions to the draft request for proposals;
(ii) Obtain the best value for the State;
(iii) Facilitate the full understanding regarding the requirements of the State for the public-private partnership concept;
(iv) Facilitate the full understanding of the contents of the proposals required to be submitted by shortlisted private entities; and
(v) Finalize the requirements for the request for proposals.
(c) Agreement negotiations may not be conducted during industry review meetings.
(d) Industry review meetings are restricted to candidates that have been selected to continue in the solicitation process as shortlisted private entities.
(e) Industry review meetings may be:
(i) Joint workshops with all shortlisted private entities invited to participate; or
(ii) One-on-one meetings between the Authority and individual shortlisted private entities.
(f) The Authority may use comments and questions obtained from shortlisted private entities through industry review meetings for subsequent revisions to the draft request for proposals.
(8) Final Request for Proposals.
(a) In a solicitation process involving a request for qualifications phase, a final request for proposals shall be issued to shortlisted private entities selected to continue in the solicitation process.
(b) The contents of the final request for proposals may be based on information gathered during earlier solicitation phases, including but not limited to:
(i) Preproposal conference;
(ii) Request for qualifications; and
(iii) Industry review meetings.
(c) The Authority may issue a final request for proposals without previously:
(i) Issuing a request for qualifications;
(ii) Issuing a draft request for proposals; or
(iii) Conducting industry review meetings.
(9) Information Availability During Solicitation.
(a) The Authority may make relevant technical and financial information available to private entities through an electronic data room.
(b) The Authority may respond to relevant additional information requests by private entities in support of due diligence reviews, including requests for site inspections.
(c) Information or site access provided to individual private entities pursuant to an additional information request shall also be made available to all other interested private entities if a shortlist of qualified private entities has not yet been established.
(d) Information or site access provided to individual shortlisted private entities pursuant to an additional information request shall also be made available to all other shortlisted private entities if a shortlist of qualified private entities has been established.
(e) Private entities may be required to sign confidentiality agreements prior to release of information deemed confidential.
D. Reimbursement.
(1) The Authority may reimburse a private entity in accordance with State Finance and Procurement Article, §10A-202(f), Annotated Code of Maryland.
(2) If the Authority elects to reimburse a private entity, the specific terms, conditions, method, and timing for reimbursing a private entity will be described in the public notice of solicitation associated with the specific public-private partnership.
(3) The reimbursement terms and conditions may include the requirement for the private entity to execute a stipend agreement and to transfer rights to use the work product produced by the private entity during the solicitation process to the Authority as a condition to receiving reimbursement.
(4) The Authority will only consider reimbursement for shortlisted private entities.
(5) Maximum Reimbursement Amount.
(a) The Authority may not provide a reimbursement in excess of $3,000,000 to an individual private entity for costs incurred in response to the solicitation of a public-private partnership.
(b) The Authority may establish a reimbursement less than the maximum prescribed in §D(5)(a) of this regulation on a case-by-case basis.
(6) Except as set forth in the solicitation documents, should the solicitation process or negotiations be suspended, discontinued, or terminated, the private entity shall have no rights of recourse, including reimbursement of the private entity’s unsolicited proposal review fees or costs associated, directly or indirectly, with the solicited or unsolicited proposal developments.
E. Reservation of Rights.
(1) The Authority reserves all rights available by law and in equity in its public-private partnership solicitation process, including without limitation the right to:
(a) Reject any and all submittals, responses, qualifications, and proposals, whether solicited or unsolicited, at any time or for any reason;
(b) Issue addenda, supplements, and modifications to a public notice of solicitation;
(c) Cancel a solicitation in whole or in part at any time prior to the execution of a public-private partnership agreement, subject to any agreed upon compensation to proposers set forth in the solicitation documents or pursuant to State Finance and Procurement Article, §10A-202(f), Annotated Code of Maryland;
(d) Issue a new public notice of solicitation after withdrawal of a public notice of solicitation;
(e) Establish protocols for private entities to remedy minor deficiencies in responses to requests for qualifications or proposals within a specified period of time;
(f) Disqualify any private entity at any point during a solicitation process for violating any rules or requirements of the solicitation set forth in the public notice of solicitation, in any communication from the Authority, or as otherwise set forth by applicable law;
(g) Determine whether to pursue federal credit assistance on behalf of the private entities;
(h) Publically disclose information received during the solicitation process as governed by law and by the public notice of solicitation, pursuant to State Finance and Procurement, §10A-203(b), Annotated Code of Maryland;
(i) Exercise any other rights reserved or afforded to the Authority under applicable law and the public notice of solicitation; and
(j) Disqualify any private entity for any conflict of interest or other conduct manifesting a lack of responsibility.
(2) Additional reservations of the Authority’s rights may be included in the solicitation documents for a public-private partnership.
**History**
- *Administrative History: Effective date: September 8, 1997 (24:18 Md. R. 1296)*
- *Administrative History: Regulations .01—.14, Transportation Public-Private Partnerships repealed and new Regulations .01—.10, Public-Private Partnerships adopted effective December 21, 2015 (42:25 Md. R. 1544)*
- *Authority: State Finance and Procurement Article, §§10A-101 et seq., 10A-201 et seq., 10A-301 et seq., 10A-401 et seq., and 11-203(h), Annotated Code of Maryland*
##### **COMAR 11.07.06.09** Evaluation, Negotiation, and Award. {#sec-11.07.06.09 omnilex-key=us-md-regs-official--title-11--11.07.06.09}
A. Evaluation of Submitted Responses.
(1) The Authority will conduct evaluations of submitted responses to requests for qualifications and submitted proposals using the information submitted by the private entity.
(2) Submitted information will be evaluated against the requirements of the solicitation and the evaluation criteria that the Authority specifies in the solicitation for the particular public-private partnership opportunity;
(3) The objective of this evaluation process is to select the private entity that provides the best value solution for the State;
(4) The Authority’s evaluation criteria shall be clearly set forth in each request for solicitation; and
(5) A failure to provide all requested information may result in the Authority eliminating a response or proposal from further consideration.
B. The processes for evaluating submitted responses to requests for qualifications and for evaluating submitted proposals will be described and submitted to the Board of Public Works as part of the presolicitation process the Board of Public Works is being asked to approve.
C. The Executive Director shall establish one or more evaluation committees on a case-by-case basis that may:
(1) Be composed of:
(a) Authority employees;
(b) Department employees; and
(c) Other State employees;
(2) Review statements of qualifications;
(3) Review proposals; and
(4) Seek advice from the Authority, the Department, other State agencies and State employees, and outside experts and consultants during the evaluation process.
D. Best and Final Offers.
(1) After the evaluation of all responsive proposals, the Executive Director may request best and final offers from private entities determined by the evaluation committees to be eligible to submit best and final offers.
(2) The Executive Director may request multiple iterations of best and final offers.
(3) A best and final offer process is not required.
E. After an apparent best value private entity has been selected by the evaluation committees, in consultation with the Chairman and members of the Authority, the Executive Director may enter into negotiations with that private entity.
F. The Executive Director may determine that negotiations be completed by a negotiations committee either composed of members of the evaluation committees or established separately from the evaluation committee that may:
(1) Be composed of:
(a) Authority employees;
(b) Department employees; and
(c) Other State employees;
(2) Review the apparent best value private entity’s response to the request for proposals;
(3) Review the apparent best value private entity’s best and final offer, if any; and
(4) Receive assistance from outside experts and consultants during the evaluation process.
G. The Authority, in its sole discretion, may initiate negotiations with a private entity other than the apparent best value private entity if:
(1) Negotiations with the apparent best value private entity are unsuccessful; or
(2) The apparent best value private entity does not provide sufficient information or timely feedback to finalize the agreement in accordance with the Authority’s schedule for the public-private partnership solicitation.
H. After completion of successful negotiations, the negotiations committee shall recommend a best value private entity to the Chairman and members of the Authority for review and approval.
I. After the Chairman and members of the Authority provide approval of the best value private entity, the Authority shall:
(1) Finalize and prepare the public-private partnership agreement for execution, in coordination with the best value private entity;
(2) Commence the final agreement review process in accordance with State Finance and Procurement, §10A-203, Annotated Code of Maryland; and
(3) Arrange for meetings between the Executive Director or their designee and appropriate bargaining unit representatives to provide notice and discuss plans for impacted State employees, in the event that the proposed public-private partnership delivery method has an impact on existing State employees.
J. Final Agreement Review.
(1) The Executive Director shall comply with the final agreement review process established in State Finance and Procurement, §10A-203, Annotated Code of Maryland.
(2) A final agreement report shall accompany a final agreement submitted under State Finance and Procurement, §10A-203, Annotated Code of Maryland, containing the following items, if relevant:
(a) The financial plan, including annual cash flows, for any public-private partnership including:
(i) State contributions;
(ii) Federal loans or credit assistance;
(iii) Private investments;
(iv) Local contributions; and
(v) Other funding contributions;
(b) The ongoing financial costs and increases associated with any operating and maintenance contracts;
(c) The impact any public-private partnership agreement may have on the Authority’s debt affordability measures;
(d) The authority a private entity may have to recover its investment through tolls or other fees, including how future increases in tolls or other fees may increase;
(e) An analysis of why the proposed agreement is more advantageous than a conventional project delivery;
(f) A description, including the estimated value, of any land, buildings, or other structures or assets that are transferred or exchanged with a private entity as part of the public-private partnership;
(g) A summary of the performance measures included in the ongoing operation of the public-private partnership;
(h) A summary of the penalties associated with nonperformance relating to the ongoing maintenance and operation; and
(i) A plan for how the long-term operating and maintenance contract will be overseen by the Authority.
**History**
- *Administrative History: Effective date: September 8, 1997 (24:18 Md. R. 1296)*
- *Administrative History: Regulations .01—.14, Transportation Public-Private Partnerships repealed and new Regulations .01—.10, Public-Private Partnerships adopted effective December 21, 2015 (42:25 Md. R. 1544)*
- *Authority: State Finance and Procurement Article, §§10A-101 et seq., 10A-201 et seq., 10A-301 et seq., 10A-401 et seq., and 11-203(h), Annotated Code of Maryland*
##### **COMAR 11.07.06.10** Delivery. {#sec-11.07.06.10 omnilex-key=us-md-regs-official--title-11--11.07.06.10}
Procedures for Public-Private Partnership Agreements. In the development of a public-private partnership agreement, the Authority shall comply with the provisions established in State Finance and Procurement Article, §10A-401, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: September 8, 1997 (24:18 Md. R. 1296)*
- *Administrative History: Regulations .01—.14, Transportation Public-Private Partnerships repealed and new Regulations .01—.10, Public-Private Partnerships adopted effective December 21, 2015 (42:25 Md. R. 1544)*
- *Authority: State Finance and Procurement Article, §§10A-101 et seq., 10A-201 et seq., 10A-301 et seq., 10A-401 et seq., and 11-203(h), Annotated Code of Maryland*
## **11.07.07** Electronic Toll Collection and Toll Violation Enforcement
##### **COMAR 11.07.07.01** Applicability. {#sec-11.07.07.01 omnilex-key=us-md-regs-official--title-11--11.07.07.01}
This chapter applies to Maryland Transportation Authority highways.
**History**
- *Administrative History: Effective date: April 20, 1998 (25:8 Md. R. 597)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 15, 2009 (36:12 Md. R. 837)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06 repealed and new Regulations .01—.09 adopted as an emergency provision effective September 1, 2013 (40:19 Md. R. 1541); adopted permanently effective October 28, 2013 (40:21 Md. R. 1779)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .02B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Administrative History: Regulation .02B amended effective January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .04G amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective March 31, 2025 (52:6 Md. R. 267)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .06 amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Administrative History: Regulation .06F adopted effective January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1544); January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .09B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Authority: Courts and Judicial Proceedings Article, §§7-301 and 7-302;Transportation Article, §§4-205, 4-312, 21-1414, 21-1415, 26-401, and 27-110; Annotated Code of Maryland*
##### **COMAR 11.07.07.02** Definitions. {#sec-11.07.07.02 omnilex-key=us-md-regs-official--title-11--11.07.07.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Agreement” means the application and its corresponding terms and conditions to establish an E-ZPass account which sets out the terms and conditions, and instructions for use of the Authority's electronic toll collection system.
(2) “Authority” means the Maryland Transportation Authority and its designated agents.
(3) “Authority highway” has the meaning stated in Transportation Article, §21-1401, Annotated Code of Maryland.
(4) “CCU” means the Maryland Department of Budget and Management Central Collection Unit.
(5) “Citation” means a notice of a toll violation and related civil penalties sent by the Authority, pursuant to Transportation Article, §21-1414, Annotated Code of Maryland, to a person who is required to and fails to pay a video toll established by the Authority.
(6) “Electronic toll collection” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland.
(7) “Electronic payment method” means any noncash payment acceptable to the Authority.
(8) “E-ZPass account” means a financial relationship between the Authority and a person who agrees to abide by the Agreement established for the electronic collection of tolls.
(9) “E-ZPass account maintenance fee” means any monetary charge that may be assessed to offset the cost of electronic toll collection accounts and is set in accordance with Chapter .05 of this subtitle.
(10) “Final notice” means a written administrative notice from the Authority of outstanding amounts due to the Authority when preparing to refer amounts due through a notice of referral to the CCU in accordance with Regulation .08C of this chapter.
(11) “Final toll violation” means the total amount due as a result of a toll violation where a citation has been issued, is not paid and:
(a) A person fails to request a hearing within the time permitted pursuant to Transportation Article, §21-1414(d)(6), Annotated Code of Maryland;
(b) A person fails to appear for a trial requested in District Court and has exhausted all appeals;
(c) A person is adjudicated to be liable for the toll violation by the District Court and has exhausted all appeals; or
(d) A person has failed to satisfy the requirements of an installment payment plan with the Authority.
(12) “Motor Vehicle Administration (MVA)” means the Motor Vehicle Administration of the Department of Transportation.
(13) “Notice of toll due” or “NOTD” means an administrative notice of a video toll transaction.
(14) “Past due notice” means a written administrative notice from the Authority, sent when payment for a toll violation remains due through a notice of referral to the MVA in accordance with Regulations .08A or .08B of this chapter.
(15) “Pay” means the Authority receives payment by:
(a) Cash;
(b) Permitting a charge against an E-ZPass account with a balance sufficient to pay the toll due;
(c) Pay-By-Plate; or
(d) Another means of payment approved by the Authority.
(16) “Pay-By-Plate” means a payment method whereby a customer provides their vehicle license plate information and a valid electronic payment method to the Authority prior to travel for processing toll payments at Authority facilities.
(17) “Person alleged to be liable” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland.
(18) “Posted speed limit” means the speed limit posted in an electronic toll collection lane.
(19) “Recorded image” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland.
(20) “Registered owner” has the meaning stated in Transportation Article, 21-1414, Annotated Code of Maryland.
(21) “Speed violation” means a violation of the posted speed limit in an electronic toll collection lane.
(22) “State” means any state of the United States, the District of Columbia, a possession of the United States, or a province or territory of Canada.
(23) “Toll” means the amount of money due as established by the Authority for passage of a vehicle on an Authority highway.
(24) “Toll collection facility” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland.
(25) “Toll violation” means the failure to pay a video toll within the time prescribed by the Authority in a notice of toll due and as otherwise provided in a response from the Authority regarding a denial of a transfer of liability.
(26) “Transponder” means a device which is designed to transmit information used to collect tolls and is associated with a particular toll collection account.
(27) “Trip” means one passage of a vehicle on an Authority highway where a toll is normally collected.
(28) “Vehicle” means a motor vehicle as defined by Transportation Article, §11-135, Annotated Code of Maryland.
(29) “Video monitoring system” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland.
(30) “Video toll” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland.
(31) “Video toll transaction” has the meaning stated in Transportation Article, §21-1414, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: April 20, 1998 (25:8 Md. R. 597)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 15, 2009 (36:12 Md. R. 837)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06 repealed and new Regulations .01—.09 adopted as an emergency provision effective September 1, 2013 (40:19 Md. R. 1541); adopted permanently effective October 28, 2013 (40:21 Md. R. 1779)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .02B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Administrative History: Regulation .02B amended effective January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .04G amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective March 31, 2025 (52:6 Md. R. 267)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .06 amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Administrative History: Regulation .06F adopted effective January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1544); January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .09B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Authority: Courts and Judicial Proceedings Article, §§7-301 and 7-302;Transportation Article, §§4-205, 4-312, 21-1414, 21-1415, 26-401, and 27-110; Annotated Code of Maryland*
##### **COMAR 11.07.07.03** E-ZPass Application Process. {#sec-11.07.07.03 omnilex-key=us-md-regs-official--title-11--11.07.07.03}
A. A person who applies to establish an E-ZPass account with the Authority shall complete an online, voice, or written application, or register a retail-purchased transponder, and provide the requested information to the Authority.
B. The Authority may, in its discretion, deny the E-ZPass application of a person for prior toll violations, in Maryland or any other state; prior speed violations; or for other reasons related to the use of electronic toll collection.
C. A person establishing an E-ZPass account shall agree to comply with the Agreement.
D. A person establishing an E-ZPass account shall purchase at least one transponder or have a pre-owned Maryland transponder.
E. Any payment to an E-ZPass account shall be made by any approved payment method in accordance with the Agreement.
F. E-ZPass Accounts.
(1) The Authority may establish different E-ZPass account types to be selected by the applicant during the E-ZPass application process.
(2) The specific conditions for each E-ZPass account type shall be included in the Agreement.
**Cross References**
11.07.07.09B(4)
**History**
- *Administrative History: Effective date: April 20, 1998 (25:8 Md. R. 597)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 15, 2009 (36:12 Md. R. 837)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06 repealed and new Regulations .01—.09 adopted as an emergency provision effective September 1, 2013 (40:19 Md. R. 1541); adopted permanently effective October 28, 2013 (40:21 Md. R. 1779)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .02B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Administrative History: Regulation .02B amended effective January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .04G amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective March 31, 2025 (52:6 Md. R. 267)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .06 amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Administrative History: Regulation .06F adopted effective January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1544); January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .09B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Authority: Courts and Judicial Proceedings Article, §§7-301 and 7-302;Transportation Article, §§4-205, 4-312, 21-1414, 21-1415, 26-401, and 27-110; Annotated Code of Maryland*
##### **COMAR 11.07.07.04** Terms and Conditions for E-ZPass Account Holders. {#sec-11.07.07.04 omnilex-key=us-md-regs-official--title-11--11.07.07.04}
A. An E-ZPass account holder acknowledges and agrees to comply with the Agreement when opening an E-ZPass account.
B. Discount Toll Programs.
(1) The Authority may establish different types of discount toll programs.
(2) 2-axle Vehicle Discount Toll Programs.
(a) E-ZPass account holders may purchase approved discount toll programs that have a number of trips which are valid for a specified period of time.
(b) Trips not used within the period of time specified in the applicable discount toll program are no longer valid.
(c) Refunds or credits may not be issued for unused trips.
(3) Multi-Axle Vehicle Discount Toll Programs. An E-ZPass account holder may receive a toll discount based on the volume of use by vehicles included on their E-ZPass account.
C. An E-ZPass account holder shall maintain sufficient funds within the E-ZPass account in accordance with the Agreement.
D. If at any time an E-ZPass account balance is insufficient to pay tolls due, an E-ZPass account holder remains liable for the toll and the Authority shall:
(1) Send a NOTD in accordance with Regulation .06 of this chapter;
(2) Issue a Citation after failure to pay a NOTD in accordance with Regulation .07 of this chapter; and
(3) Collect the toll due and any civil penalties that accrue in accordance with Regulation .08 of this chapter.
E. An E-ZPass account holder remains responsible for updating account information with the Authority in accordance with the Agreement. Failure to keep the E-ZPass account information current does not relieve the account holder of liability for tolls due.
F. The use of the transponder is transferable between vehicles listed on an E-ZPass account.
G. Speed Violations — Procedures.
(1) A speed violation notice may be sent per E-ZPass account for E-ZPass private and business accounts.
(2) Notice of Warning for a Speed Violation. A warning notice may be sent for the first speed violation in a toll lane and the notice shall include the consequences for receiving a second violation.
(3) Notice of E-ZPass Account Suspension for a Speed Violation.
(a) E-ZPass account suspension for a speed violation is the temporary invalidation by the Authority of an E-ZPass account holder’s privilege to use a transponder or an established E-ZPass account for toll collection in all states where E-ZPass is accepted.
(b) An E-ZPass account suspension notice may be sent for a second speed violation in a toll lane occurring within 180 days of the first speed violation for which notice has been given by the Authority.
(c) An E-ZPass account suspension notice shall notify the E-ZPass account holder that their E-ZPass account privileges are being suspended for 60 days, and shall include the beginning date and ending date of the E-ZPass account suspension of privileges.
(d) An E-ZPass account suspension notice shall include the consequences of any speed violation or attempt to use the E-ZPass account while under suspension.
(4) Notice of E-ZPass Account Closure for a Speed Violation.
(a) An E-ZPass account closure notice may be sent for the third speed violation in a toll lane occurring within 180 days of the first speed violation for which notice has been given by the Authority.
(b) An E-ZPass account closure notice shall notify the E-ZPass account holder that their E-ZPass account privileges are being terminated, and shall specify the effective date of the E-ZPass account closure.
(c) An E-ZPass account closure notice shall include the consequences of any attempt to use the E-ZPass account once closed.
(5) The Authority may issue speed violation notices by email or first class U.S. mail.
**History**
- *Administrative History: Effective date: April 20, 1998 (25:8 Md. R. 597)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 15, 2009 (36:12 Md. R. 837)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06 repealed and new Regulations .01—.09 adopted as an emergency provision effective September 1, 2013 (40:19 Md. R. 1541); adopted permanently effective October 28, 2013 (40:21 Md. R. 1779)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .02B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Administrative History: Regulation .02B amended effective January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .04G amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective March 31, 2025 (52:6 Md. R. 267)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .06 amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Administrative History: Regulation .06F adopted effective January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1544); January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .09B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Authority: Courts and Judicial Proceedings Article, §§7-301 and 7-302;Transportation Article, §§4-205, 4-312, 21-1414, 21-1415, 26-401, and 27-110; Annotated Code of Maryland*
##### **COMAR 11.07.07.05** Suspension or Termination of E-ZPass Account Privileges. {#sec-11.07.07.05 omnilex-key=us-md-regs-official--title-11--11.07.07.05}
A. The Authority may suspend or terminate an E-ZPass account holder's privileges for violation of electronic toll collection laws, this chapter, or the Agreement.
B. The Authority may terminate an E-ZPass account for inactivity, with no tolls posted or funds added to the account for at least 24 months.
C. The Authority shall notify an E-ZPass account holder as soon as practicable of a suspension or termination of E-ZPass account privileges.
D. If E-ZPass account privileges are suspended or terminated, the Authority shall return to an E-ZPass account holder within 60 days any unencumbered funds more than $3.50 remaining in an E-ZPass account. Unused discount toll program trips remaining on an E-ZPass account may not be refunded or credited.
**History**
- *Administrative History: Effective date: April 20, 1998 (25:8 Md. R. 597)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 15, 2009 (36:12 Md. R. 837)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06 repealed and new Regulations .01—.09 adopted as an emergency provision effective September 1, 2013 (40:19 Md. R. 1541); adopted permanently effective October 28, 2013 (40:21 Md. R. 1779)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .02B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Administrative History: Regulation .02B amended effective January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .04G amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective March 31, 2025 (52:6 Md. R. 267)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .06 amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Administrative History: Regulation .06F adopted effective January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1544); January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .09B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Authority: Courts and Judicial Proceedings Article, §§7-301 and 7-302;Transportation Article, §§4-205, 4-312, 21-1414, 21-1415, 26-401, and 27-110; Annotated Code of Maryland*
##### **COMAR 11.07.07.06** Toll Collection by Recorded Image. {#sec-11.07.07.06 omnilex-key=us-md-regs-official--title-11--11.07.07.06}
A. The Authority may use the recorded image of a motor vehicle passing through a Maryland toll collection facility to determine liability for tolls due.
B. Pay-By-Plate.
(1) Tolls may be paid via Pay-By-Plate, whereby a customer authorizes the Authority to charge tolls due by providing the Authority with vehicle information and a valid electronic payment method online, over the phone, or in person for processing payment prior to travel.
(2) Vehicle information provided by the customer shall include the license plate number, state of registration, type of vehicle, and vehicle year.
(3) A Pay-By-Plate customer is responsible for updating vehicle information and maintaining valid electronic payment information with the Authority. If a customer fails to keep vehicle and electronic payment information current, the customer is not relieved of liability for tolls due.
(4) The electronic payment method provided shall be valid at all times and be charged for each toll transaction.
(5) If a valid payment is not made using the Pay-by-Plate payment method, the customer remains liable for the toll and the Authority shall:
(a) Send a NOTD in accordance with §D of this regulation;
(b) Issue a citation after failure to pay a NOTD in accordance with Regulation .07 of the chapter; and
(c) Collect the toll due and any civil penalties that accrue in accordance with Regulation .08 of this chapter.
(6) The Pay-By-Plate payment method is only valid for use with the Authority's electronic toll collection system.
C. Video Toll Early Payment Discount. The Authority may establish a discount for video toll transactions paid prior to the mailing of the NOTD.
D. Notice of Toll Due (NOTD).
(1) The Authority shall send the person alleged to be liable that was involved in a video toll transaction a NOTD containing:
(a) The name and address of the person alleged to be liable under this chapter;
(b) The license plate number and state of registration of the vehicle involved in the video toll transaction;
(c) The location where the video toll transaction took place;
(d) The date and time of the video toll transaction;
(e) The amount of the video toll;
(f) The date by which the video toll must be paid;
(g) A copy of the recorded image;
(h) The statutory defenses described in Transportation Article, §21-1414(g), Annotated Code of Maryland to transfer liability to another person;
(i) A warning that failure to pay the video toll, request a transfer of liability in the manner and time prescribed, or the late payment of the video toll, will result in a Toll Violation subject to a citation and a civil penalty, in the amount set forth in Regulation .09 of this chapter, and that continued failure to pay may lead to refusal or suspension of the motor vehicle registration and referral to the CCU;
(j) A warning that payment of the video toll, whether timely or late is an admission of liability of the video toll transaction; and
(k) Instructions on how to pay the video toll or request a transfer of liability of the video toll transaction to another person.
(2) Except as provided in §E of this regulation, the person alleged to be liable who receives a NOTD shall have at least 30 days to pay the video toll from the mailing date of the NOTD.
(3) Except as provided for in §E of this regulation, failure of the person alleged to be liable to pay the video toll by the NOTD payment due date shall constitute a toll violation subject to a citation and a civil penalty, in the amount set forth in Regulation .09 of this chapter.
(4) If a transfer of liability is requested, the person alleged to be liable shall send the request to the Authority, which must be received by the Authority on or before the NOTD payment due date.
E. Transfer of Liability.
(1) The person alleged to be liable may request a transfer of liability of the video toll transaction from the Authority by asserting any of the statutory defenses described in Transportation Article, §21-1414(g), Annotated Code of Maryland, which includes providing the additional documentation required by statute.
(2) The Authority must receive the request for a transfer of liability, including all supporting documentation by the NOTD payment due date.
(3) If the Authority does not receive payment of the video toll or a request for a transfer of liability by the NOTD payment due date, a toll violation will result subject to issuance of a citation and a civil penalty as set forth in Regulation .07 of this chapter.
(4) A request for transfer of liability received by the Authority on or before the NOTD payment due date shall be reviewed by the Authority to determine whether liability for the video toll transaction may be transferred from the person alleged to be liable to another person.
(5) If the Authority accepts the request for transfer of liability as described in this regulation:
(a) The Authority shall send the person alleged to be liable a determination of the request for transfer of liability indicating it is accepted;
(b) The person alleged to be liable shall not be responsible for the video toll transaction; and
(c) The Authority shall send a new NOTD to the person to whom liability was transferred in accordance with Transportation Article, §21-1414(g), Annotated Code of Maryland.
(6) If the Authority denies the request for transfer of liability as described in this regulation:
(a) The person alleged to be liable will receive a determination of a request for transfer of liability from the Authority indicating it is denied;
(b) The person alleged to be liable shall pay the video toll by the NOTD payment due date or within 10 days from the mailing date on the denial notification, whichever is later; and
(c) If payment is not received in accordance with §E(6)(b) of this regulation, a toll violation will result with a date relating back to the day after the original NOTD payment due date subject to a citation and a civil penalty for a toll violation as set forth in Regulation .07 of this chapter.
F. Installment Plans.
(1) The Authority may offer an installment plan to a person alleged to be liable for payment of unpaid video tolls and any associated civil penalties that total at least $300.
(2) An installment plan shall require the person to make monthly installment payments until the total amount of the outstanding unpaid video tolls and any associated civil penalties owed are paid. The Authority may waive any portion of the associated outstanding civil penalties.
(3) If liquidation by installment payments requires more than 3 years, then the debt may be referred as a delinquent account to the Central Collection Unit.
(4) The Authority may not offer more than one installment plan to a person at a time. A person is responsible for fully paying all unpaid video tolls and associated penalties within the one installment plan in accordance with the installment plan.
(5) If a person fails to make payment or defaults on the terms of an installment plan, then the Authority may terminate the installment plan, resulting in a final toll violation. The Authority is not required to offer alternative payment plans if a person defaults on the installment payments. The Authority may use any legal action available to collect in accordance with Regulation .08 of this chapter.
**Cross References**
11.07.07.04D(1)
**History**
- *Administrative History: Effective date: April 20, 1998 (25:8 Md. R. 597)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 15, 2009 (36:12 Md. R. 837)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06 repealed and new Regulations .01—.09 adopted as an emergency provision effective September 1, 2013 (40:19 Md. R. 1541); adopted permanently effective October 28, 2013 (40:21 Md. R. 1779)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .02B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Administrative History: Regulation .02B amended effective January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .04G amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective March 31, 2025 (52:6 Md. R. 267)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .06 amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Administrative History: Regulation .06F adopted effective January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1544); January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .09B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Authority: Courts and Judicial Proceedings Article, §§7-301 and 7-302;Transportation Article, §§4-205, 4-312, 21-1414, 21-1415, 26-401, and 27-110; Annotated Code of Maryland*
##### **COMAR 11.07.07.07** Toll Violation Enforcement. {#sec-11.07.07.07 omnilex-key=us-md-regs-official--title-11--11.07.07.07}
A. Citation.
(1) Within 60 days of a toll violation, the Authority shall issue a citation, as provided in Transportation Article, §21-1414, Annotated Code of Maryland, to the person alleged to be liable who has previously been issued an NOTD.
(2) The citation shall contain information required in Transportation Article, §21-1414(d)(3), Annotated Code of Maryland.
(3) Within 30 days of the mailing date of the citation a person alleged to be liable may:
(a) Pay the video toll and civil penalty, in the amount set forth in Regulation .09 of this chapter, to the Authority; or
(b) Contest the citation by electing to stand trial in the District Court of Maryland.
B. Final Toll Violation.
(1) A citation may result in a final toll violation.
(2) For any citation that results in a final toll violation and remains unpaid, the Authority may do one or more of the following:
(a) Request the MVA to refuse the vehicle registration for a vehicle that has incurred at least one unpaid final toll violation as set forth in Regulation .08 of this chapter;
(b) Send a request to the MVA for suspension of the vehicle registration if a vehicle has incurred at least $1,000 in unpaid final toll violations as set forth in Regulation .08 of this chapter;
(c) Refer any amounts due as a result of the unpaid final toll violation to the CCU as set forth in Regulation .08 of this chapter; and
(d) Collect the amount due by any other means as provided by law.
**Cross References**
11.07.07.04D(2)
11.07.07.06E(3)
11.07.07.06E(6)(c)
**History**
- *Administrative History: Effective date: April 20, 1998 (25:8 Md. R. 597)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 15, 2009 (36:12 Md. R. 837)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06 repealed and new Regulations .01—.09 adopted as an emergency provision effective September 1, 2013 (40:19 Md. R. 1541); adopted permanently effective October 28, 2013 (40:21 Md. R. 1779)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .02B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Administrative History: Regulation .02B amended effective January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .04G amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective March 31, 2025 (52:6 Md. R. 267)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .06 amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Administrative History: Regulation .06F adopted effective January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1544); January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .09B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Authority: Courts and Judicial Proceedings Article, §§7-301 and 7-302;Transportation Article, §§4-205, 4-312, 21-1414, 21-1415, 26-401, and 27-110; Annotated Code of Maryland*
##### **COMAR 11.07.07.08** Collection, Suspension, and Waiver. {#sec-11.07.07.08 omnilex-key=us-md-regs-official--title-11--11.07.07.08}
A. Notice of Referral to the MVA for Refusal.
(1) The Authority may send to the registered vehicle owner in Maryland or any state with which the Authority has entered into a reciprocal agreement in accordance with Transportation Article, §21-1415, Annotated Code of Maryland, a past due notice indicating that failure to pay will result in refusal of the vehicle registration for any vehicle incurring at least one unpaid final toll violation, under the provisions of Transportation Article, §27-110, Annotated Code of Maryland.
(a) If payment of all outstanding video tolls or civil penalties is not received by the Authority within 15 days of the mailing date on the past due notice, the Authority shall notify the MVA to refuse to renew or transfer the vehicle registration in accordance with COMAR 11.15.28.03.
(b) The Authority shall notify the MVA:
(i) Within 3 business days, to permit the renewal or transfer of the vehicle registration when no outstanding video tolls or civil penalties exist for any final toll violations, including those that may have occurred after the referral to MVA, when the Authority receives payment directly or is notified by CCU of payment; or
(ii) Within 3 business days, to permit the renewal or transfer of the vehicle registration if amounts have been referred to CCU, and the registered owner of the vehicle enters into a confessed judgment with the CCU to pay the amount due to the Authority and the Authority is notified by CCU of the confessed judgment.
(c) If the registered owner of the vehicle defaults on the confessed judgment entered into with the CCU as provided in §A(1)(b)(ii) of this regulation, the Authority shall notify the MVA to refuse to renew or transfer the vehicle registration in accordance with COMAR 11.15.28.03.
(2) A past due notice shall:
(a) Advise the registered owner of the total amount due to the Authority for each unpaid final toll violation upon which the referral is based;
(b) Inform the recipient that failure to pay will result in referral to the MVA for refusal of the vehicle registration;
(c) Identify to whom payment shall be made for the various unpaid final toll violations that are included in the referral in the case where portions of the amount due have already been referred to the CCU for collection in accordance with §C of this regulation;
(d) Advise the registered owner that payment of the outstanding unpaid final toll violations due to the Authority by the payment due date may avoid referral and that failure to pay will result in referral to the MVA for refusal of the vehicle registration; and
(e) Advise the registered owner of additional fees that may be imposed by the MVA.
(3) Additional unpaid final toll violations that accrue after the final toll violation that lead to referral to MVA shall be added to the total amount due and are to be paid in accordance with §A(1)(a) of this regulation.
B. Notice of Referral to the MVA for Suspension.
(1) The Authority may send to the registered owner in Maryland or any state with which the Authority has entered into reciprocal agreement in accordance with Transportation Article, §21-1415, Annotated Code of Maryland, a past due notice for any vehicle incurring at least $1,000 in unpaid final toll violations, under the provisions of Transportation Article, §27-110, Annotated Code of Maryland, indicating that failure to pay will result in referral to the MVA for suspension of the vehicle registration.
(a) The threshold dollar amount of $1,000 for issuing a past due notice for referral to the MVA for suspension of the vehicle registration may include previous amounts due to the Authority that were referred to the CCU for collections in accordance with §C of this regulation.
(b) If payment of all outstanding video tolls or civil penalties is not received by the Authority within 15 days of the mailing date on the past due notice, the Authority shall notify the MVA to suspend the vehicle registration in accordance with COMAR 11.15.28.04.
(c) The Authority shall notify the MVA:
(i) Within 3 business days, to lift suspension of the vehicle registration when no outstanding video tolls or civil penalties exist for any final video toll violations, including those that may have occurred after the referral to MVA, when the Authority receives payment directly or is notified by CCU of payment; or
(ii) Within 3 business days, to lift suspension of the vehicle registration if amounts have been referred to CCU, and the registered owner of the vehicle enters into a confessed judgment with CCU to pay the amount due to the Authority and the Authority is notified by CCU of the confessed judgment.
(d) If the registered owner of the vehicle defaults on the confessed judgment entered into with CCU as provided in §B(1)(c)(ii) of this regulation, the Authority shall notify MVA to suspend the vehicle registration in accordance with COMAR 11.15.28.04.
(2) A past due notice shall:
(a) Advise the registered owner of the total amount due to the Authority for each unpaid final toll violation upon which the referral is based;
(b) Inform the recipient that failure to pay will result in referral to the MVA for suspension of the vehicle registration;
(c) Identify to whom payment shall be made for the various unpaid final toll violations that are included in the referral in the case where portions of the amount due have already been referred to the CCU for collection in accordance with §C of this regulation;
(d) Advise the registered owner that payment of the outstanding unpaid final toll violations due to the Authority by the payment due date shall avoid referral and that failure to pay will result in referral to the MVA for refusal of the vehicle registration; and
(e) Advise the registered owner of the additional fees that may be imposed by the MVA.
(3) Additional unpaid final toll violations that accrue after the referral to MVA shall be added to the total amount due and are to be paid in accordance with §B(1)(b) of this regulation.
C. Final Notice — Referral to the CCU.
(1) The Authority may send to a person that has incurred unpaid final toll violations that total the amount established by the CCU, a final notice of possible referral to the CCU. The CCU shall act as the authorized agent for any civil action instituted for the collection of unpaid Final Toll Violations pursuant to Transportation Article, §21-1414(d)(6)(i), Annotated Code of Maryland.
(a) The amounts referred to the CCU for unpaid final toll violations may be included by the Authority to reach the threshold dollar amount of $1,000 for referral to the MVA of a vehicle registration for suspension in accordance with §B of this regulation.
(b) If payment of all outstanding video tolls or civil penalties is not received by the Authority within 15 days of the mailing date on the final notice to avoid referral to the CCU, the Authority will refer those final toll violations to the CCU.
(2) A final notice of possible referral to the CCU shall advise the person of the total amount due to the Authority for each unpaid final toll violation that is included in the referral.
(3) A final notice of possible referral to the CCU shall advise the person that payment of the outstanding unpaid final toll violations due to the Authority by the payment due date may avoid referral.
(4) A final notice of possible referral to the CCU shall advise the person of the additional fees that may be imposed by the CCU.
D. Waiver of Tolls and Civil Penalties.
(1) Notwithstanding any provision of the electronic toll collection process as set forth in this chapter, until the Authority refers the debt to the CCU, the Authority may waive any portion of the video toll due or civil penalty assessed under Transportation Article, §21-1414, Annotated Code of Maryland.
(2) A person alleged to be liable who receives an NOTD or citation may request a waiver of any portion of the video toll due and the civil penalty.
(3) The person alleged to be liable shall provide documentation to the Authority to support the person’s request for the waiver.
(4) Waivers may be granted based upon, but not limited to, the following:
(a) Notice related issues, including, but not limited to, receipt or processing and handling delays;
(b) Extended absences of the person alleged to be liable, including, but not limited to, hospitalization, incarceration, and long-term out-of-State travel;
(c) License plate issues, including but not limited to, theft, fraud, or lost plates;
(d) Emergency traffic diversion onto a toll collection facility; and
(e) Payment error, including, but not limited to, referencing an incorrect payee, providing an incorrect payment amount, and using an incorrect mailing address for payment to the Authority.
(5) Additional information related to waivers is maintained by the Authority on its website.
**Cross References**
11.07.07.02B(10)
11.07.07.04D(3)
11.07.07.06B(5)(c)
11.07.07.06F(5)
11.07.07.07B(2)(a)
11.07.07.07B(2)(b)
11.07.07.07B(2)(c)
11.15.28.03C
11.15.28.04C
**History**
- *Administrative History: Effective date: April 20, 1998 (25:8 Md. R. 597)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 15, 2009 (36:12 Md. R. 837)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06 repealed and new Regulations .01—.09 adopted as an emergency provision effective September 1, 2013 (40:19 Md. R. 1541); adopted permanently effective October 28, 2013 (40:21 Md. R. 1779)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .02B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Administrative History: Regulation .02B amended effective January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .04G amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective March 31, 2025 (52:6 Md. R. 267)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .06 amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Administrative History: Regulation .06F adopted effective January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1544); January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .09B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Authority: Courts and Judicial Proceedings Article, §§7-301 and 7-302;Transportation Article, §§4-205, 4-312, 21-1414, 21-1415, 26-401, and 27-110; Annotated Code of Maryland*
##### **COMAR 11.07.07.09** Fees. {#sec-11.07.07.09 omnilex-key=us-md-regs-official--title-11--11.07.07.09}
A. General Provisions. The Authority shall enforce this chapter in accordance with law and may charge fees related to the collection of unpaid tolls.
B. Fees established by the Authority are as follows:
(1) Civil Penalty. The civil penalty included in a citation for a toll violation is $25.
(2) E-ZPass Account Maintenance Fee. The monthly E-ZPass account maintenance fee shall be set in accordance with Chapter .05 of this subtitle and will apply to applicable E-ZPass accounts.
(3) Insufficient Funds Fee. An additional fee shall be assessed on all checks returned for insufficient funds and the person shall submit the tolls, any civil penalties due, the returned check fee, and may be subject to subsequent fees by another method of payment, as specified by the Authority.
(4) Transponder. Any person opening an E-ZPass account must purchase a new or previously owned Maryland transponder in accordance with Regulation .03 of this chapter. Prices of transponders vary by make and model and may be found on the E-ZPass application.
(5) The person entering an installment plan shall pay the Authority the costs of administering the installment plan as a percentage of the total amount owed, which amount shall equal the amount authorized by the Central Collection Unit for collections in COMAR 17.01.01.07
**Cross References**
11.07.07.06D(1)(i)
11.07.07.06D(3)
11.07.07.07A(3)(a)
**History**
- *Administrative History: Effective date: April 20, 1998 (25:8 Md. R. 597)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 15, 2009 (36:12 Md. R. 837)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06 repealed and new Regulations .01—.09 adopted as an emergency provision effective September 1, 2013 (40:19 Md. R. 1541); adopted permanently effective October 28, 2013 (40:21 Md. R. 1779)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .02B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Administrative History: Regulation .02B amended effective January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .04G amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective March 31, 2025 (52:6 Md. R. 267)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .06 amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Administrative History: Regulation .06F adopted effective January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1544)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1544); January 23, 2023 (50:1 Md. R. 8)*
- *Administrative History: Regulation .09B amended as an emergency provision effective June 30, 2020 (47:11 Md. R. 557); amended permanently effective August 24, 2020 (47:17 Md. R. 796)*
- *Authority: Courts and Judicial Proceedings Article, §§7-301 and 7-302;Transportation Article, §§4-205, 4-312, 21-1414, 21-1415, 26-401, and 27-110; Annotated Code of Maryland*
## **11.07.08** Towing of Vehicles on Maryland Transportation Authority Property
##### **COMAR 11.07.08.01** Definitions. {#sec-11.07.08.01 omnilex-key=us-md-regs-official--title-11--11.07.08.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Abandoned vehicle” has the meaning stated in Transportation Article, §25-201(b), Annotated Code of Maryland.
(2) "Authority" means the Maryland Transportation Authority.
(3) Authority Property.
(a) "Authority property" means property owned, leased, operated by, or under the control of, the Maryland Transportation Authority.
(b) "Authority property" includes a:
(i) Transportation facilities project as defined in Transportation Article, §4-101, Annotated Code of Maryland; and
(ii) Authority highway as defined in Transportation Article, §21-1401, Annotated Code of Maryland.
(4) “Chief of Police” means the Maryland Transportation Authority Police Force's chief police officer.
(5) “Disabled vehicle” means a vehicle that has become inoperative on Authority property.
(6) “Impounded vehicle” means a vehicle that has been taken into police custody.
(7) “Park”, “parking”, or “parked” has the meaning stated in Transportation Article, §11-144, Annotated Code of Maryland.
(8) “Person” means a natural person, partnership, corporation, fiduciary, association, or other business entity.
(9) “Police” means:
(a) A person designated as a member of the Maryland Transportation Authority Police Force under Transportation Article, §4-208, Annotated Code of Maryland; or
(b) A police officer as defined under Public Safety Article, §3-201(e), Annotated Code of Maryland.
(10) “State” means the State of Maryland.
(11) “Towing service company” means a person or company that is licensed to provide commercial towing, road service, and storage of vehicles, but does not include persons towing or servicing their own vehicles.
(12) Unattended Vehicle.
(a) “Unattended vehicle” means a vehicle that:
(i) Is parked on Authority property other than in a designated area; and
(ii) Has not been occupied or attended for a period of 12 or more hours.
(b) “Unattended vehicle” does not include an abandoned vehicle as defined under Transportation Article, §25-201, Annotated Code of Maryland.
(13) “Vehicle” has the meaning stated in Transportation Article, §11-176, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: April 5, 1999 (26:7 Md. R. 545)*
- *Administrative History: Regulation .01B amended effective April 5, 2010 (37:7 Md. R. 574); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .03 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .05 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .06A amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.08.02** Scope. {#sec-11.07.08.02 omnilex-key=us-md-regs-official--title-11--11.07.08.02}
A. This chapter governs the removal of disabled, impounded, improperly parked, or unattended vehicles on Authority property by towing service companies holding permits under COMAR 11.07.03, and the charges that may be imposed. These regulations do not limit the ability of the Authority to remove vehicles in accordance with COMAR 11.07.10.05.
B. The Authority may, in the public interest, waive all or a portion of these regulations at the discretion of the Chief of Police or the Chief's designee.
**History**
- *Administrative History: Effective date: April 5, 1999 (26:7 Md. R. 545)*
- *Administrative History: Regulation .01B amended effective April 5, 2010 (37:7 Md. R. 574); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .03 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .05 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .06A amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.08.03** Towing of Vehicles. {#sec-11.07.08.03 omnilex-key=us-md-regs-official--title-11--11.07.08.03}
A. Any disabled, unattended, improperly parked, or impounded vehicle on any Authority property may be towed.
B. A vehicle shall be towed only upon direction from the police.
C. A vehicle shall be towed by a towing service company holding a permit under COMAR 11.07.03 to that company's vehicle storage facility.
**History**
- *Administrative History: Effective date: April 5, 1999 (26:7 Md. R. 545)*
- *Administrative History: Regulation .01B amended effective April 5, 2010 (37:7 Md. R. 574); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .03 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .05 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .06A amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.08.04** Police Action — Unattended Vehicles. {#sec-11.07.08.04 omnilex-key=us-md-regs-official--title-11--11.07.08.04}
A. A vehicle that is parked on Authority property, other than within designated parking areas, that is not occupied or attended shall be identified and tagged by police.
B. If a tagged vehicle remains on Authority property for 12 or more hours the vehicle shall be designated by the police as an unattended vehicle.
C. The police shall impound the vehicle that has been designated by the police as an unattended vehicle and direct a towing service company holding a permit under COMAR 11.07.03 to remove the vehicle from Authority property. The police shall provide the towing service company with the name and address of the registered owner of the vehicle.
**History**
- *Administrative History: Effective date: April 5, 1999 (26:7 Md. R. 545)*
- *Administrative History: Regulation .01B amended effective April 5, 2010 (37:7 Md. R. 574); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .03 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .05 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .06A amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.08.05** Charges. {#sec-11.07.08.05 omnilex-key=us-md-regs-official--title-11--11.07.08.05}
A. The owner or operator of a vehicle that is towed from Authority property is responsible for any charges imposed by a towing service company for towing and storing the vehicle.
B. The rates to be charged for towing and storing a vehicle are the rates established by the Authority under COMAR 11.07.03.15 for towing service companies.
C. Neither the Authority nor the State is responsible for the payment of any charges imposed by a towing service company for towing and storing any vehicle. Nothing in this regulation limits rights otherwise provided by law under Transportation Article, §26-306, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: April 5, 1999 (26:7 Md. R. 545)*
- *Administrative History: Regulation .01B amended effective April 5, 2010 (37:7 Md. R. 574); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .03 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .05 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .06A amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.08.06** Abandonment. {#sec-11.07.08.06 omnilex-key=us-md-regs-official--title-11--11.07.08.06}
A. If a vehicle becomes an abandoned vehicle, the police that directed the removal of the vehicle shall provide the notice required by Transportation Article, §25-204, Annotated Code of Maryland.
B. Abandoned vehicles that are not claimed within the time prescribed by law may be disposed of in accordance with Transportation Article, Title 25, Subtitle 2, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: April 5, 1999 (26:7 Md. R. 545)*
- *Administrative History: Regulation .01B amended effective April 5, 2010 (37:7 Md. R. 574); August 4, 2014 (41:15 Md. R. 891)*
- *Administrative History: Regulation .02 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .03 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .05 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .06A amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
## **11.07.09** Vehicle Parking Facilities
##### **COMAR 11.07.09.01** Purpose. {#sec-11.07.09.01 omnilex-key=us-md-regs-official--title-11--11.07.09.01}
This chapter describes the policies and procedures for providing financing for vehicle parking facilities in priority funding areas.
**History**
- *Administrative History: Effective date: February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .05C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .12 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§4-205 and 4-311.1, Annotated Code of Maryland*
##### **COMAR 11.07.09.02** Scope. {#sec-11.07.09.02 omnilex-key=us-md-regs-official--title-11--11.07.09.02}
A. The Maryland Transportation Authority is authorized to finance, construct, operate, maintain, and repair vehicle parking facilities.
B. A vehicle parking facility financed under this chapter shall be located in a priority funding area and support Smart Growth efforts.
C. Priority shall be given to transit-oriented development vehicle parking facility projects financed under this chapter.
D. Revenues from a vehicle parking facility financed pursuant to this chapter shall be sufficient to pay all operating and maintenance costs and debt service for each year that the debt is unpaid. Maryland Transportation Authority Fund moneys may not be used as a cash investment for any vehicle parking facility financed under this chapter.
**History**
- *Administrative History: Effective date: February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .05C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .12 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§4-205 and 4-311.1, Annotated Code of Maryland*
##### **COMAR 11.07.09.03** Definitions. {#sec-11.07.09.03 omnilex-key=us-md-regs-official--title-11--11.07.09.03}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Act” means Transportation Article, Title 4, Annotated Code of Maryland.
(2) "Authority" means the Maryland Transportation Authority.
(3) “Chairman” means the Secretary of the Maryland Department of Transportation.
(4) “Executive Director” means the Executive Director of the Maryland Transportation Authority.
(5) “Minority business enterprise” means a certified minority business enterprise under State Finance and Procurement Article, §14-301, Annotated Code of Maryland.
(6) “Nonprofit organization” means a not-for-profit corporation, foundation, or other legal entity that is exempt from federal income tax under §501(c)(3) of the Internal Revenue Code of 1986.
(7) “Priority funding area” means a priority funding area under State Finance and Procurement Article, §5-7B-02, Annotated Code of Maryland.
(8) “Proposer” means a government agency, county, municipality, nonprofit organization, or private entity submitting a proposal to the Authority under this chapter.
(9) “Resolution” means a resolution adopted by the affirmative vote of a majority of the appointed members of the Authority and concurred in by the Chairman.
(10) “Smart Growth” means the State Economic Growth, Resource Protection, and Planning Policy under State Finance and Procurement Article, Title 5, Subtitle 7B, Annotated Code of Maryland.
(11) “Successful proposer” means a proposer whose proposal for a vehicle parking facility project has been evaluated, and approved for financing by, the Authority.
(12) “Transit-oriented development” means a place of high population density that includes a mixture of residential, employment, shopping, and civic uses located near a bus or rail transit center.
(13) “Vehicle parking facility” means a controlled entrance and exit building, structure, surface lot, and other facility for parking vehicles, for which fees or charges are established for the use of the facility.
**History**
- *Administrative History: Effective date: February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .05C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .12 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§4-205 and 4-311.1, Annotated Code of Maryland*
##### **COMAR 11.07.09.04** Eligible Projects. {#sec-11.07.09.04 omnilex-key=us-md-regs-official--title-11--11.07.09.04}
A. A vehicle parking facility project financing proposal shall be submitted for approval by the Authority.
B. In order to be eligible for financing by the Authority, a vehicle parking facility project shall satisfy the following requirements:
(1) Be located in a designated priority funding area; and
(2) Generate sufficient revenue to:
(a) Recover all financing costs associated with bond issuance;
(b) Service all debt for each year the debt is outstanding and unpaid; and
(c) Meet the acquisition, construction, maintenance, and operation costs of the vehicle parking facility.
**History**
- *Administrative History: Effective date: February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .05C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .12 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§4-205 and 4-311.1, Annotated Code of Maryland*
##### **COMAR 11.07.09.05** Terms and Conditions. {#sec-11.07.09.05 omnilex-key=us-md-regs-official--title-11--11.07.09.05}
A. The Authority is not liable for and may not reimburse any costs incurred by a proposer, regardless of whether the proposer's vehicle parking facility project proposal is selected.
B. Any information the Authority makes available to a proposer shall be as a convenience to the proposer without representation or warranty of any kind.
C. A proposer may not rely upon oral responses to inquiries. If a proposer has a question regarding this chapter, the proposer shall submit the question in writing to the Executive Director and the Authority shall provide written answers.
D. The Authority reserves the right, at any time, to:
(1) Reject any vehicle parking facility project proposal;
(2) Terminate evaluation of any vehicle parking facility project proposal;
(3) Suspend, discontinue, or terminate vehicle parking facility project agreement negotiations with a proposer;
(4) Request or obtain additional information about a vehicle parking facility project proposal;
(5) Decline to return any fees required of proposers under this chapter; or
(6) Complete a proposed vehicle parking facility project as a public project, using a plan or financial structure different from that proposed by a private entity.
E. The Authority may establish, from time to time, detailed guidelines containing underwriting standards, architectural and engineering review, and other requirements or matters relating to the financing of vehicle parking facility projects.
**History**
- *Administrative History: Effective date: February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .05C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .12 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§4-205 and 4-311.1, Annotated Code of Maryland*
##### **COMAR 11.07.09.06** Proposal Requirements. {#sec-11.07.09.06 omnilex-key=us-md-regs-official--title-11--11.07.09.06}
A. The Authority shall accept unsolicited vehicle parking facility project proposals from government agencies, counties, municipalities, nonprofit organizations, and private entities that demonstrate the feasibility and demand for the facilities within priority funding areas.
B. Proposals to the Authority for vehicle parking facility projects shall include the following information:
(1) A conceptual overview of the proposed vehicle parking facility project that details the need for the project and compliance with local and State land use, Smart Growth, and transportation planning objectives;
(2) An independent feasibility report that includes an analysis of market demand, operational and maintenance costs, and revenue estimates;
(3) An engineering analysis of the project, including architecture and design proposal, and construction costs and time frame;
(4) A financing plan that illustrates all sources of funding, including:
(a) The extent of financial participation by the proposer and other entities as applicable;
(b) The extent of the Authority's ownership interest in the vehicle parking facility;
(c) Compensation for Authority administrative overhead costs; and
(d) A revenue structure that supports all operating and maintenance costs and debt service;
(5) Minority Business Enterprise participation plans, as applicable;
(6) A description of the operation, maintenance, enforcement, and security of the vehicle parking facility, provisions for project management during construction of the vehicle parking facility, provisions for audit of the vehicle parking facility revenues, and a plan for regular and ongoing reporting to the Authority on the vehicle parking facility project status;
(7) A proposed schedule for financing and construction of the vehicle parking facility; and
(8) Any other additional information, drawings, plans, reports, or estimates that the Authority requires.
**History**
- *Administrative History: Effective date: February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .05C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .12 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§4-205 and 4-311.1, Annotated Code of Maryland*
##### **COMAR 11.07.09.07** Confidential and Proprietary Information. {#sec-11.07.09.07 omnilex-key=us-md-regs-official--title-11--11.07.09.07}
A proposer shall identify those portions of a proposal that the proposer considers to be confidential, proprietary information, or trade secrets, and shall provide any justification as to why these materials, upon request, should not be disclosed by the Authority under State Government Article, §§10-611—10-623, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .05C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .12 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§4-205 and 4-311.1, Annotated Code of Maryland*
##### **COMAR 11.07.09.08** Evaluation of Proposed Projects and Selection Process. {#sec-11.07.09.08 omnilex-key=us-md-regs-official--title-11--11.07.09.08}
A. A proposal for a vehicle parking facility project is subject to an initial review by the Authority to determine the eligibility of a project in accordance with this chapter and the Act.
B. If a proposal is eligible under this chapter and the Act, the Authority shall review the proposal and determine whether the Authority will finance the vehicle parking facility project.
C. In making a determination as to whether to finance a vehicle parking facility project, the Authority shall base the financing decision on the following criteria:
(1) The financing plan is allowable under any trust agreement between the Authority and a corporate trustee or the Act, or both, and provides for access to the necessary capital to finance the vehicle parking facility;
(2) Market demand and the amount of project debt can be supported by the projected revenue stream;
(3) Consistency with local and State planning, transportation, and Smart Growth plans;
(4) Integrity of engineering architectural and design specifications and accuracy of construction, operational, and maintenance costs; and
(5) Any other factor that the Authority considers relevant.
D. Authority approval of the financing of the vehicle parking facility shall by evidenced by a signed resolution of the Authority, and represents the final approval for the vehicle parking facility project.
**History**
- *Administrative History: Effective date: February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .05C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .12 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§4-205 and 4-311.1, Annotated Code of Maryland*
##### **COMAR 11.07.09.09** Fees. {#sec-11.07.09.09 omnilex-key=us-md-regs-official--title-11--11.07.09.09}
The Authority may charge an application fee or other fees reasonably related to the expenses it incurs in processing a proposal and in issuing the bonds.
**History**
- *Administrative History: Effective date: February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .05C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .12 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§4-205 and 4-311.1, Annotated Code of Maryland*
##### **COMAR 11.07.09.10** Nondiscrimination. {#sec-11.07.09.10 omnilex-key=us-md-regs-official--title-11--11.07.09.10}
A successful proposer shall comply with all applicable federal, State, and local laws regarding discrimination and equal employment opportunity including:
A. Title VII of the Civil Rights Act of 1964, as amended;
B. Article 49B, Annotated Code of Maryland; and
C. The provisions of the Governor's Code of Fair Employment Practices, as amended.
**History**
- *Administrative History: Effective date: February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .05C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .12 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§4-205 and 4-311.1, Annotated Code of Maryland*
##### **COMAR 11.07.09.11** Drug-Free and Alcohol-Free Workplaces. {#sec-11.07.09.11 omnilex-key=us-md-regs-official--title-11--11.07.09.11}
A successful proposer shall comply, and remain in compliance, with the State's policy concerning drug-free and alcohol-free workplaces, as set forth in COMAR 01.01.1989.18, and shall make a good faith effort to eliminate illegal drug use and alcohol and drug abuse from places at which work is performed in accordance with this chapter and the Act.
**History**
- *Administrative History: Effective date: February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .05C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .12 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§4-205 and 4-311.1, Annotated Code of Maryland*
##### **COMAR 11.07.09.12** Delegation. {#sec-11.07.09.12 omnilex-key=us-md-regs-official--title-11--11.07.09.12}
The Authority may delegate to the Executive Director the authority to execute or approve any documents related to a vehicle parking facility project under this chapter or the Act.
**History**
- *Administrative History: Effective date: February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .05C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .12 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§4-205 and 4-311.1, Annotated Code of Maryland*
##### **COMAR 11.07.09.13** Waiver. {#sec-11.07.09.13 omnilex-key=us-md-regs-official--title-11--11.07.09.13}
The Authority may waive or vary provisions of this chapter:
A. To the extent that the waiver or variance is consistent with the Act; and
B. If, in the written determination of the Chairman, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act.
**History**
- *Administrative History: Effective date: February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .05C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .12 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§4-205 and 4-311.1, Annotated Code of Maryland*
##### **COMAR 11.07.09.14** False Statements. {#sec-11.07.09.14 omnilex-key=us-md-regs-official--title-11--11.07.09.14}
A. A proposer may not knowingly make or cause to be made any material misstatement of fact, whether in the nature of an understatement or overstatement of financial condition or any other fact material to the Authority's action in any statement or report in or regarding a proposal for financing of a vehicle parking facility project.
B. The Authority may reject any proposal for financing of a vehicle parking facility project that contains any material misstatement of fact.
**History**
- *Administrative History: Effective date: February 18, 2002 (29:3 Md. R. 222)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .05C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .12 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§4-205 and 4-311.1, Annotated Code of Maryland*
## **11.07.10** Parking on Maryland Transportation Authority Property
##### **COMAR 11.07.10.01** Applicability. {#sec-11.07.10.01 omnilex-key=us-md-regs-official--title-11--11.07.10.01}
This chapter applies to vehicles as defined in these regulations located on Authority property.
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .01 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .02B amended effective April 5, 2010 (37:7 Md. R. 574); November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .03 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .05 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .06 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1402, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.10.02** Definitions. {#sec-11.07.10.02 omnilex-key=us-md-regs-official--title-11--11.07.10.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Abandoned vehicle” has the meaning stated in Transportation Article, §25-201(b), Annotated Code of Maryland.
(2) "Authority" means the Maryland Transportation Authority.
(3) Authority Property.
(a) "Authority property" means property owned, leased, operated by or under the control of the Maryland Transportation Authority.
(b) "Authority property" includes:
(i) A transportation facilities project as defined in Transportation Article, §4-101, Annotated Code of Maryland; and
(ii) An Authority highway as defined in Transportation Article, §21-1401, Annotated Code of Maryland.
(4) “Official sign” means a sign that conforms to the system set forth in the most recent edition of the Manual on Uniform Traffic Control Devices for Streets and Highways as defined in Transportation Article, §25-104, Annotated Code of Maryland.
(5) “Park”, “parking”, or “parked” has the meaning stated in Transportation Article, §11-144, Annotated Code of Maryland.
(6) “Police” means:
(a) A person designated as a member of the Maryland Transportation Authority Police Force under Transportation Article, §4-208, Annotated Code of Maryland; or
(b) A police officer as defined under Public Safety Article, §3-201(e), Annotated Code of Maryland.
(7) Unattended Vehicle.
(a) “Unattended vehicle” means a vehicle that:
(i) Is parked on Authority property other than in a designated area; and
(ii) Has not been occupied or attended for a period of 12 or more hours.
(b) “Unattended vehicle” does not include an abandoned vehicle as defined under Transportation Article, §25-201, Annotated Code of Maryland.
(8) “Vehicle” has the meaning stated in Transportation Article, §11-176, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .01 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .02B amended effective April 5, 2010 (37:7 Md. R. 574); November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .03 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .05 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .06 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1402, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.10.03** Permitted Areas. {#sec-11.07.10.03 omnilex-key=us-md-regs-official--title-11--11.07.10.03}
A. A valid permit issued by the Authority may be required at designated parking areas on Authority property.
B. The operator of a vehicle parked in an area that requires a permit shall clearly display the required permit on or through the front windshield of the vehicle.
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .01 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .02B amended effective April 5, 2010 (37:7 Md. R. 574); November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .03 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .05 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .06 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1402, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.10.04** Restrictions. {#sec-11.07.10.04 omnilex-key=us-md-regs-official--title-11--11.07.10.04}
A. Except when authorized by an official sign, the police, or when required by a traffic control device, a vehicle may not stop, stand, or park:
(1) In front of, across, or blocking a driveway or gate;
(2) Within 15 feet of a fire hydrant or standpipe;
(3) On a sidewalk or in a crosswalk;
(4) Within 20 feet of a crosswalk at an intersection, or within 30 feet of the approach to any stop sign, yield sign, or traffic control signal;
(5) Within 20 feet of the pedestrian or vehicle entrance or access point to any building, except where designated for parking;
(6) Within 50 feet of the nearest rail of a railroad, except where designated for parking;
(7) In an area where stopping, standing, or parking is prohibited by an official sign, or by markings on the adjacent curb or pavement;
(8) On the roadway side of a vehicle stopped or parked at the edge of the roadway;
(9) On the roadway where parking is otherwise permitted but where any part of the nearest side of the parked vehicle is in excess of 12 inches from the nearest curb, side, or edge of the roadway;
(10) In such a way as to obstruct traffic;
(11) In such a way as to cause or be likely to cause a hazard to the health and safety of individuals on Authority property;
(12) In a designated handicapped parking space without displaying a valid handicapped registration plate or placard;
(13) In excess of a time limit on a time restricted space; or
(14) In an area designated for permit parking without displaying a valid parking permit.
B. When parking or stopping a vehicle in any lined parking area, the vehicle may not occupy more than one lined space.
**Cross References**
11.07.10.05A(1)
11.07.10.05B
11.07.10.06A(1)
11.07.10.07B
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .01 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .02B amended effective April 5, 2010 (37:7 Md. R. 574); November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .03 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .05 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .06 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1402, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.10.05** Removal of Vehicles. {#sec-11.07.10.05 omnilex-key=us-md-regs-official--title-11--11.07.10.05}
A. At the registered owner's expense, the police may remove or direct removal of the following:
(1) A vehicle in violation of Regulation .04 of this chapter;
(2) A vehicle impeding the movement and handling of cargoes by its position; or
(3) An unattended vehicle.
B. The police may take into custody any vehicle or other object parked or placed in violation of Regulation .04 of this chapter or otherwise parked or placed so as to:
(1) Constitute a hazard to public safety; or
(2) Impede or obstruct the normal movement of vehicular or pedestrian traffic on Authority property.
C. The Authority may use its own personnel, equipment, and facilities, or use those of its designee in accordance with COMAR 11.07.03, for the purpose of removing, taking into custody, and storing vehicles.
D. The Authority shall keep accurate records of all vehicles removed, including the reasons for removal, and shall make reasonable attempts to contact vehicle owners to facilitate voluntary removals.
E. Vehicles moved by the Authority pursuant to this regulation shall be handled in accordance with COMAR 11.07.08 and COMAR 11.07.03.14.
F. Abandoned vehicles shall be removed in accordance with Transportation Article, Title 25, Subtitle 2, Annotated Code of Maryland.
**Cross References**
11.07.08.02A
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .01 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .02B amended effective April 5, 2010 (37:7 Md. R. 574); November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .03 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .05 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .06 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1402, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.10.06** Violations. {#sec-11.07.10.06 omnilex-key=us-md-regs-official--title-11--11.07.10.06}
A. Citations.
(1) The police may issue citations for violations committed under Regulation .04 of this chapter.
(2) A person receiving a citation for a parking violation shall:
(a) Pay for the parking violation; or
(b) Elect to stand trial for the violation.
B. Election to Pay. If the person charged in the citation elects to pay for the parking violation, the person shall pay by mailing a certified check or money order, payable to the Maryland Transportation Authority in the amount stated on the citation, to the Division of Finance, 300 Authority Drive, Baltimore, Maryland 21222.
C. Election to Stand Trial.
(1) If the person charged in the citation elects to stand trial, the person shall send a notice of intention to stand trial by mail to the Division of Finance, Maryland Transportation Authority, 300 Authority Drive, Baltimore, Maryland 21222, at least 5 days before the payment due date specified in the citation.
(2) If the person charged desires the officer who issued the citation to be present at the trial, the person shall expressly request so on the notice electing trial that the officer appear.
(3) If the officer's presence is not specifically requested in the notice, the officer need not appear and a copy of the citation bearing a certification of the officer is prima facie evidence of the facts stated in the citation.
(4) If a timely notice to stand trial is received, the Authority shall forward the notice and citation to the District Court, which shall schedule the trial and notify the person charged in the citation of the date, time, and location of the trial.
D. Parking violations resulting in the issuance of citations are subject to the provisions of Transportation Article, Title 26, Subtitle 3, Annotated Code of Maryland, and the procedures adopted by the Chief Judge of the District Court of Maryland.
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .01 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .02B amended effective April 5, 2010 (37:7 Md. R. 574); November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .03 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .05 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .06 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1402, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
##### **COMAR 11.07.10.07** Penalties. {#sec-11.07.10.07 omnilex-key=us-md-regs-official--title-11--11.07.10.07}
A. A parking violation is a misdemeanor.
B. The registered owner of a vehicle found in violation of Regulation .04A(12) of this chapter is subject to a fine in accordance with Transportation Article, §27-106, Annotated Code of Maryland.
C. The registered owner of a vehicle found in violation of any other section of this chapter is subject to a $75 fine.
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .01 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .02B amended effective April 5, 2010 (37:7 Md. R. 574); November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .03 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .04 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .05 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .06 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Administrative History: Regulation .07 amended effective April 5, 2010 (37:7 Md. R. 574)*
- *Authority: Transportation Article, §§4-204, 4-205, 4-208, 4-208.1, 21-1402, 21-1403, 21-1407, and 26-301 et seq., Annotated Code of Maryland*
## **11.07.11** Public Use of Interstate 95 Service Plazas
##### **COMAR 11.07.11.01** Application. {#sec-11.07.11.01 omnilex-key=us-md-regs-official--title-11--11.07.11.01}
This chapter applies to the Maryland House and Chesapeake House Service Plazas and include the parking areas, restaurant and restroom facilities, service and repair stations, wooded areas, and other related public use areas.
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .02A amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .05 amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .16 repealed effective November 9, 2015 (42:22 Md. R. 1379)*
- *Authority: Transportation Article, §4-205, Annotated Code of Maryland*
##### **COMAR 11.07.11.02** Parking. {#sec-11.07.11.02 omnilex-key=us-md-regs-official--title-11--11.07.11.02}
A. A vehicle may not be left unattended in parking areas or on the premises of service stations for more than 24 hours, unless authorized by the Maryland Transportation Authority.
B. A vehicle may not be parked, or left unattended or disabled, on shoulders or exit ramps leading into or out of the service plazas.
C. Parking regulations in COMAR 11.07.10 apply to the service plazas.
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .02A amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .05 amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .16 repealed effective November 9, 2015 (42:22 Md. R. 1379)*
- *Authority: Transportation Article, §4-205, Annotated Code of Maryland*
##### **COMAR 11.07.11.03** Litter. {#sec-11.07.11.03 omnilex-key=us-md-regs-official--title-11--11.07.11.03}
Litter shall be placed in containers provided for that purpose. If recycling containers are provided, they shall be used only for the appropriate recycled materials.
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .02A amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .05 amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .16 repealed effective November 9, 2015 (42:22 Md. R. 1379)*
- *Authority: Transportation Article, §4-205, Annotated Code of Maryland*
##### **COMAR 11.07.11.04** Smoking. {#sec-11.07.11.04 omnilex-key=us-md-regs-official--title-11--11.07.11.04}
Smoking is not permitted inside any building. Visitors shall totally extinguish all cigarettes, cigars, and matches after use and before entering a building. An individual smoking near gasoline pumps and restaurants is subject to other applicable State laws and regulations.
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .02A amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .05 amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .16 repealed effective November 9, 2015 (42:22 Md. R. 1379)*
- *Authority: Transportation Article, §4-205, Annotated Code of Maryland*
##### **COMAR 11.07.11.05** Animals. {#sec-11.07.11.05 omnilex-key=us-md-regs-official--title-11--11.07.11.05}
A. Animals are not permitted inside buildings, with the exception of dogs used for governmental security purposes or service animals as defined in Human Services Article, §7-701, Annotated Code of Maryland.
B. All animals must remain on a leash and be attended at all times.
C. Animals shall be appropriately cleaned up after, with waste disposed in proper waste containers.
D. Animal bathing is prohibited.
E. Wild animals shall be properly confined at all times while on the service plaza premises.
F. Feeding or otherwise encouraging the congregation of birds or other animals on or near the vicinity of service plaza premises is prohibited.
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .02A amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .05 amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .16 repealed effective November 9, 2015 (42:22 Md. R. 1379)*
- *Authority: Transportation Article, §4-205, Annotated Code of Maryland*
##### **COMAR 11.07.11.06** Commercial Vehicles. {#sec-11.07.11.06 omnilex-key=us-md-regs-official--title-11--11.07.11.06}
Commercial vehicles may not use the service plaza public areas for interchanging, loading, unloading, servicing, or other commercial activities.
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .02A amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .05 amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .16 repealed effective November 9, 2015 (42:22 Md. R. 1379)*
- *Authority: Transportation Article, §4-205, Annotated Code of Maryland*
##### **COMAR 11.07.11.07** Restrooms. {#sec-11.07.11.07 omnilex-key=us-md-regs-official--title-11--11.07.11.07}
Use of family restrooms is limited to those individuals caring for the needs of minor children and disabled adults.
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .02A amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .05 amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .16 repealed effective November 9, 2015 (42:22 Md. R. 1379)*
- *Authority: Transportation Article, §4-205, Annotated Code of Maryland*
##### **COMAR 11.07.11.08** Personal Conduct. {#sec-11.07.11.08 omnilex-key=us-md-regs-official--title-11--11.07.11.08}
A. Loitering in any area is prohibited.
B. Loitering may subject the violator to criminal penalties as defined in Criminal Law Article, §6-409, Annotated Code of Maryland.
C. Conduct that interferes with the lawful use of the Maryland House and Chesapeake House Service Plazas, or with passage from place to place, through entrances, exits, or passageways, is prohibited.
D. Interfering or blocking any drive, path, sidewalk, building, or other area is prohibited.
E. Movement through building hallways, restrooms, shops, and restaurants may not be restricted.
F. Use of the buildings or other public areas for sleeping, in lieu of a hotel, motel, or other public accommodation is prohibited.
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .02A amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .05 amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .16 repealed effective November 9, 2015 (42:22 Md. R. 1379)*
- *Authority: Transportation Article, §4-205, Annotated Code of Maryland*
##### **COMAR 11.07.11.09** Public Demonstration. {#sec-11.07.11.09 omnilex-key=us-md-regs-official--title-11--11.07.11.09}
The Maryland House and Chesapeake House Service Plazas are nonpublic forums. Public demonstration and assembly are prohibited.
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .02A amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .05 amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .16 repealed effective November 9, 2015 (42:22 Md. R. 1379)*
- *Authority: Transportation Article, §4-205, Annotated Code of Maryland*
##### **COMAR 11.07.11.10** Misusing or Damaging. {#sec-11.07.11.10 omnilex-key=us-md-regs-official--title-11--11.07.11.10}
Destroying, injuring, disturbing, defacing, or tampering with any building structure, fixture, decoration, signage, furniture, merchandise, or any tree, plant, grass area, sidewalk, or other landscaping structure is prohibited. Any person who causes damage is liable for damage payments.
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .02A amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .05 amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .16 repealed effective November 9, 2015 (42:22 Md. R. 1379)*
- *Authority: Transportation Article, §4-205, Annotated Code of Maryland*
##### **COMAR 11.07.11.11** Solicitation or Debt Collection. {#sec-11.07.11.11 omnilex-key=us-md-regs-official--title-11--11.07.11.11}
The solicitation of alms, money, or contributions, commercial soliciting, the display of commercial advertising, political soliciting or advertising, or the collection of private debts are prohibited.
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .02A amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .05 amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .16 repealed effective November 9, 2015 (42:22 Md. R. 1379)*
- *Authority: Transportation Article, §4-205, Annotated Code of Maryland*
##### **COMAR 11.07.11.12** Commercial Activity. {#sec-11.07.11.12 omnilex-key=us-md-regs-official--title-11--11.07.11.12}
A. Commercial activity is prohibited, except when permitted or authorized in writing by the Authority.
B. Commercial activity on portions of the service plazas leased to or under contract to individuals or companies is not subject to this chapter. Instead, the lease agreements or contract specifications between the individuals or companies and the Maryland Transportation Authority govern these commercial activities.
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .02A amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .05 amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .16 repealed effective November 9, 2015 (42:22 Md. R. 1379)*
- *Authority: Transportation Article, §4-205, Annotated Code of Maryland*
##### **COMAR 11.07.11.13** Alcoholic Beverages. {#sec-11.07.11.13 omnilex-key=us-md-regs-official--title-11--11.07.11.13}
Alcoholic beverages or other intoxicating substances may not be consumed on the premises of the service plazas.
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .02A amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .05 amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .16 repealed effective November 9, 2015 (42:22 Md. R. 1379)*
- *Authority: Transportation Article, §4-205, Annotated Code of Maryland*
##### **COMAR 11.07.11.14** Breach of Peace. {#sec-11.07.11.14 omnilex-key=us-md-regs-official--title-11--11.07.11.14}
A. Any act amounting to breach of the peace is prohibited.
B. Lewd acts, language, or gestures are prohibited.
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .02A amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .05 amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .16 repealed effective November 9, 2015 (42:22 Md. R. 1379)*
- *Authority: Transportation Article, §4-205, Annotated Code of Maryland*
##### **COMAR 11.07.11.15** Enforcement. {#sec-11.07.11.15 omnilex-key=us-md-regs-official--title-11--11.07.11.15}
A. A police officer may lawfully order an individual who violates this chapter to leave the area. Failure to comply with the order may result in arrest.
B. Any law enforcement agency with competent jurisdiction is authorized to enforce this chapter by issuing a citation.
**History**
- *Administrative History: Effective date: April 11, 2005 (32:7 Md. R. 682)*
- *Administrative History: Regulation .02A amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .05 amended effective November 9, 2015 (42:22 Md. R. 1379)*
- *Administrative History: Regulation .16 repealed effective November 9, 2015 (42:22 Md. R. 1379)*
- *Authority: Transportation Article, §4-205, Annotated Code of Maryland*
## **11.08.01** Federal Transit Administration Regulations
##### **COMAR 11.08.01.01** Authority Under 49 U.S.C. §5329 and 49 CFR Part 674. {#sec-11.08.01.01 omnilex-key=us-md-regs-official--title-11--11.08.01.01}
The State of Maryland has designated the Maryland Department of Transportation (MDOT) as the State Safety Oversight Agency, the agency responsible for rail transit safety oversight in the State. These regulations establish the system safety requirements for each rail fixed guideway public transportation system solely within the State of Maryland, including those systems and parts of systems in engineering and construction, to comply with the provisions of the Rail Safety Oversight Program.
**History**
- *Administrative History: Effective date: March 26, 2018 (45:6 Md. R. 321)*
- *Administrative History: Regulation .01 amended effective January 5, 2026 (52:25 Md. R. 1309)*
- *Authority: Transportation Article, §§2-102(c)(5) and 7-203.1, Annotated Code of Maryland;49 U.S.C. §5329 and 49 CFR Part 674*
## **11.08.02** State Safety Oversight Authority
##### **COMAR 11.08.02.01** Established. {#sec-11.08.02.01 omnilex-key=us-md-regs-official--title-11--11.08.02.01}
Pursuant to Transportation Article, §7-203.1, Annotated Code of Maryland, there is hereby created the State Safety Oversight Agency (SSOA) for each fixed guideway rail public transportation system solely within the State of Maryland hereafter referred to as a Rail Transit Agency (RTA).
**History**
- *Administrative History: Effective date: March 26, 2018 (45:6 Md. R. 321)*
- *Administrative History: Chapter revised effective January 5, 2026 (52:26 Md. R. 1309)*
- *Authority: Transportation Article, §§2-102(c)(5) and 7-203.1, Annotated Code of Maryland;49 U.S.C. §5329 and 49 CFR Part 674*
##### **COMAR 11.08.02.02** Purposes. {#sec-11.08.02.02 omnilex-key=us-md-regs-official--title-11--11.08.02.02}
In carrying out its purposes, the SSOA, through its designated personnel, shall, as required by 49 U.S.C. §5329, as amended, and any federal regulations promulgated thereunder:
A. Adopt, revise, and distribute a written Rail Safety Oversight Program (RSOP);
B. Review, approve, oversee, and enforce the adoption and implementation of the RTA Public Transportation Agency Safety Plan;
C. Require, review, approve, and enforce the adoption and implementation of any Corrective Action Plans (CAPs) the SSOA deems appropriate; and
D. Enforce relevant federal and State laws and regulations relating to safety of the RTA rail systems.
**History**
- *Administrative History: Effective date: March 26, 2018 (45:6 Md. R. 321)*
- *Administrative History: Chapter revised effective January 5, 2026 (52:26 Md. R. 1309)*
- *Authority: Transportation Article, §§2-102(c)(5) and 7-203.1, Annotated Code of Maryland;49 U.S.C. §5329 and 49 CFR Part 674*
##### **COMAR 11.08.02.03** Definitions {#sec-11.08.02.03 omnilex-key=us-md-regs-official--title-11--11.08.02.03}
A. “Personnel” includes state employees, contractors, and any other individual functioning in that role.
B. “Safety event” means:
(1) An unexpected outcome resulting in injury or death;
(2) Damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a public transportation system; or
(3) Damage to the environment.
**Cross References**
11.08.03.01
11.08.04.02A
**History**
- *Administrative History: Effective date: March 26, 2018 (45:6 Md. R. 321)*
- *Administrative History: Chapter revised effective January 5, 2026 (52:26 Md. R. 1309)*
- *Authority: Transportation Article, §§2-102(c)(5) and 7-203.1, Annotated Code of Maryland;49 U.S.C. §5329 and 49 CFR Part 674*
##### **COMAR 11.08.02.04** Powers. {#sec-11.08.02.04 omnilex-key=us-md-regs-official--title-11--11.08.02.04}
A. In performing its duties, the SSOA, through its designated personnel, may for each rail fixed guideway public transportation system, including those with elements in engineering and construction:
(1) Conduct, or cause to be conducted, inspections, investigations, examinations, and testing of the property, equipment, facilities, rolling stock, personnel, and operations of the RTA rail systems, including, without limitation, electronic information and databases;;
(2) Enter upon the RTA rail systems and, upon reasonable notice and a finding by the SSOA personnel that a need exists, upon any lands, waters, and premises adjacent to the RTA rail systems for making inspections, investigations, examinations and testing as the SSOA may deem necessary to carry out the purposes of this regulation, and such entry shall not be deemed a trespass. The SSOA shall make reasonable reimbursement for any actual damage resulting to any such adjacent lands, waters, and premises because of such activities;
(3) Compel compliance by an RTA with any Corrective Action Plan, directive, or order of the SSOA by such means as the SSOA deems appropriate, including, but not limited to:
(a) Issuing subpoenas;
(b) Directing the RTA to prioritize spending on safety-critical items to the extent consistent with the law;
(c) Removing a specific vehicle, infrastructure element, or hazard from the RTA rail systems; and
(d) Restricting, suspending or prohibiting rail service, with appropriate notice, on all or part of the RTA rail systems;
(4) Direct an RTA to suspend or disqualify from performing in a safety sensitive position an individual who has violated or directed others to violate safety rules, regulations, policies, procedures, or laws in a manner that the SSOA determines make that individual unfit for the performance of such a function; and
(5) Take such other actions as the SSOA may deem appropriate consistent with its purposes and powers.
B. The SSOA shall coordinate its enforcement activities with federal and State governmental authorities as appropriate.
**History**
- *Administrative History: Effective date: March 26, 2018 (45:6 Md. R. 321)*
- *Administrative History: Chapter revised effective January 5, 2026 (52:26 Md. R. 1309)*
- *Authority: Transportation Article, §§2-102(c)(5) and 7-203.1, Annotated Code of Maryland;49 U.S.C. §5329 and 49 CFR Part 674*
##### **COMAR 11.08.02.05** Duties. {#sec-11.08.02.05 omnilex-key=us-md-regs-official--title-11--11.08.02.05}
A. Role of the State Safety Oversight Agency.
(1) The SSOA shall establish minimum standards for the safety of all rail fixed guideway public transportation systems within its oversight. These shall be consistent with the National Public Transportation Safety Plan, the Public Transportation Safety Certification Training Program, the rules for Public Transportation Agency Safety Plans and all applicable federal and State laws.
(2) The SSOA shall review and approve the Public Transportation Agency Safety Plan for every rail fixed guideway public transportation system within its oversight. The SSOA shall oversee an RTA’s execution of its Public Transportation Agency Safety Plan. The SSOA shall enforce the execution of a Public Transportation Agency Safety Plan, through an order of a corrective action plan or any other means, as necessary or appropriate. The SSOA shall ensure that a Public Transportation Agency Safety Plan meets the requirements at 49 U.S.C. §5329(d) and 49 CFR Part 673.
(3) If the SSOA does not approve a Public Transportation Safety Plan, the SSOA shall provide a written explanation and allow an RTA an opportunity to modify and resubmit its Public Transportation Agency Safety Plan for the SSOA’s approval.
(4) The SSOA has the responsibility to provide safety oversight of an RTA’s project or projects in the engineering or construction phase to verify compliance with all applicable federal and State safety requirements, safety procedures, and other safety management system practices such as safety event investigation. This includes operations, testing, simulated service or pre-revenue service, and transit-related maintenance activity. The SSOA may set additional reporting and investigation requirements for the RTA beyond those required by FTA.
(5) The SSOA shall have primary responsibility for the investigation of any allegation of noncompliance with a Public Transportation Agency Safety Plan.
(6) The SSOA shall have primary responsibility for the investigation of a safety event on a rail fixed guideway public transportation system.
(7) The SSOA may enter into an agreement with a contractor for assistance, including overseeing safety event investigations performing independent safety event investigations and for expertise or resources the SSOA does not have within its own organization.
(8) All designated SSOA personnel shall comply with the requirements of the Public Transportation Safety Certification Training Program as applicable.
B. State Safety Oversight Program Standards. The SSOA shall adopt and distribute a written SSO program standard, consistent with the National Public Transportation Safety Plan and the rules for Public Transportation Agency Safety Plans. This SSO program standard shall identify the processes and procedures that govern the activities of the SSOA. Also, the SSO program standard shall identify the processes and procedures an RTA must have in place to comply with the standard. The program standard may set other requirements to further the safety and security of Maryland rail transit agencies. Each RTA and its personnel must comply with the program standard.
C. Triennial Audits. At least once every 3 years, the SSOA shall conduct a complete audit of an RTA’s compliance with its Public Transportation Agency Safety Plan. Alternatively, an SSOA may conduct the audit on an on-going basis over the 3-year time frame. The SSOA shall issue a report with findings and recommendations arising from the audit, which shall include, at minimum, an analysis of the effectiveness of the Public Transportation Agency Safety Plan, findings, observations, or recommendations for improvements, and a requirement for a corrective action plan or plans, if necessary or appropriate. The RTA shall be given an opportunity to comment on the findings, observations, and recommendations.
D. Notifications of Safety Events. Federal Transit Administration (FTA) Notification. In addition to the other requirements for safety event notification set forth in the SSO program standard, in any instance in which an RTA must notify the FTA of a safety event, the RTA must notify both the SSOA and the FTA within the time frame required by FTA.
E. Investigations.
(1) The SSOA shall investigate or require an investigation of any safety event that requires the transit agency to notify FTA under 49 CFR §674.33, may investigate or require investigations of other safety events, and is ultimately responsible for the sufficiency and thoroughness of all investigations, whether conducted by the SSOA or RTA. If the SSOA requires an RTA to investigate a safety event, the SSOA must conduct an independent review of the RTAs findings of causation. In any instance in which an RTA is conducting its own internal safety event investigation, the SSOA and the RTA must coordinate their investigations in accordance with the SSO program standard.
(2) Within a reasonable time, the SSOA shall issue a written report on its investigation of a safety event or review of an RTA’s safety event investigation in accordance with the reporting requirements established by the SSOA. The report shall describe the investigation activities; identify the factors that caused or contributed to the safety event; and set forth a corrective action plan or plans, as necessary or appropriate. If the SSOA conducts its own investigation, it shall transmit that report to the RTA for review and concurrence. If the RTA does not concur with an SSOA’s report, the SSOA may allow the RTA to submit a written dissent from the report, which may be included in the report, at the discretion of the SSOA. The SSOA shall formally adopt each investigation report.
(3) All personnel that conduct investigations on behalf of an SSOA shall be trained to perform their functions in accordance with the Public Transportation Safety Certification Training Program.
F. Corrective Action Plans.
(1) In any instance in which an RTA must develop and carry out a Corrective Action Plan (CAP), the SSOA shall review and approve the CAP before the RTA carries out the plan; however, an exception may be made for immediate or emergency corrective actions that must be taken to ensure immediate safety, provided that the SSOA has been given timely notification, and the SSOA provides subsequent review and approval. A CAP shall describe, specifically, the actions the RTA will take to correct the deficiency and to mitigate the identified risks and hazards to an acceptable level as required by the SSOA Program Standard and the RTA’s Agency Safety Plan, the schedule for taking those actions, and the individuals responsible for taking those actions. The RTA shall periodically report to the SSOA on its progress in carrying out the CAP. The SSOA may monitor the RTA’s progress in carrying out the CAP through unannounced, on-site inspections, or any other means the SSOA deems necessary or appropriate.
(2) In any instance in which a safety event on the RTA’s rail fixed guideway public transportation system is the subject of an investigation by the NTSB, the SSOA shall evaluate whether the findings or recommendations by the NTSB require a CAP by the RTA, and if so, the SSOA shall order the RTA to develop and carry out a CAP.
G. State Safety Oversight Agency annual reporting to FTA.
(1) On or before March 15 of each year, the SSOA shall submit the following material to FTA:
(a) The SSO program standard adopted in accordance with 49 CFR §674.27, with an indication of any changes to the SSO program standard during the preceding 12 months;
(b) Evidence that each of its designated personnel has completed the requirements of the Public Transportation Safety Certification Training Program, or, if in progress, the anticipated completion date of the training;
(c) A publicly available report that summarizes its oversight activities for the preceding 12 months, describes the causal factors of safety events identified through investigation, and identifies the status of corrective actions, changes to Public Transportation Agency Safety Plans, and the level of effort by the SSOA in carrying out its oversight activities;
(d) Final investigation reports for all safety events meeting one or more of the criteria specified at 49 CFR §674.33;
(e) A summary of the triennial audits completed during the preceding 12 months, and the RTAs’ progress in carrying out CAPs arising from triennial audits conducted in accordance with 49 CFR §674.31;
(f) Evidence that the SSOA has reviewed and approved any changes to the Public Transportation Agency Safety Plans during the preceding 12 months; and
(g) A certification that the SSOA is in compliance with the requirements of 49 CFR §674.
(2) These materials must be submitted electronically through a reporting system specified by FTA.
**History**
- *Administrative History: Effective date: March 26, 2018 (45:6 Md. R. 321)*
- *Administrative History: Chapter revised effective January 5, 2026 (52:26 Md. R. 1309)*
- *Authority: Transportation Article, §§2-102(c)(5) and 7-203.1, Annotated Code of Maryland;49 U.S.C. §5329 and 49 CFR Part 674*
## **11.08.03** Inspections and Audits
##### **COMAR 11.08.03.01** Compliance Inspections and Triennial Safety Audits. {#sec-11.08.03.01 omnilex-key=us-md-regs-official--title-11--11.08.03.01}
The State Safety Oversight Agency (SSOA) shall conduct compliance inspections and triennial safety audits in accordance with the MDOT Rail Safety Oversight Program Standard and the RTA Agency Safety Plan and in accordance with the requirements of 49 U.S.C. §5329(e). The SSOA is authorized to conduct unannounced inspections and reviews, including as listed in 11.08.02.03.
**History**
- *Administrative History: Effective date: March 26, 2018 (45:6 Md. R. 321)*
- *Administrative History: Regulation .01 amended effective January 5, 2026 (52:26 Md. R. 1309)*
- *Authority: Transportation Article, §§2-102(c)(5) and 7-203.1, Annotated Code of Maryland;49 U.S.C. §5329 and 49 CFR Part 674*
## **11.08.04** Safety Violations
##### **COMAR 11.08.04.01** State Safety Oversight Agency Investigative Authority. {#sec-11.08.04.01 omnilex-key=us-md-regs-official--title-11--11.08.04.01}
A. To carry out this title, the state safety oversight agency (SSOA) may administer an oath, certify an official act, take or cause to be taken a deposition of a witness, or issue a subpoena for the attendance of a witness to testify and/or produce papers, books, documents, records, and testimony.
B. If a person fails to comply with a lawfully issued subpoena, on application of the SSOA or designee in a contempt proceeding, a court of competent jurisdiction may compel the person to comply.
**History**
- *Administrative History: Effective date: March 26, 2018 (45:6 Md. R. 321)*
- *Administrative History: Chapter revised effective January 5, 2026 (52:26 Md. R. 1309)*
- *Authority: Transportation Article, §§2-102(c)(5) and 7-203.1, Annotated Code of Maryland;49 U.S.C. §5329 and 49 CFR Part 674*
##### **COMAR 11.08.04.02** Event/Threshold. {#sec-11.08.04.02 omnilex-key=us-md-regs-official--title-11--11.08.04.02}
A. The SSOA will investigate and take actions in accordance with COMAR 11.08.02.03 to compel compliance by the RTA with any Corrective Action Plan or order, including those corrective action plans or orders stemming from the investigation of safety events.
B. Nothing in this regulation shall be deemed to alter the obligation of any individual to comply with any other provisions concerning rail safety.
**History**
- *Administrative History: Effective date: March 26, 2018 (45:6 Md. R. 321)*
- *Administrative History: Chapter revised effective January 5, 2026 (52:26 Md. R. 1309)*
- *Authority: Transportation Article, §§2-102(c)(5) and 7-203.1, Annotated Code of Maryland;49 U.S.C. §5329 and 49 CFR Part 674*
##### **COMAR 11.08.04.03** Authority to Suspend Individuals From Performing Safety-Sensitive Functions. {#sec-11.08.04.03 omnilex-key=us-md-regs-official--title-11--11.08.04.03}
The SSOA may suspend any individual (including RTA employees or contractors) from performing all safety-sensitive functions or specific safety-sensitive functions at a rail transit agency overseen by the SSOA in the event the SSOA determines that the individual is unfit to safely perform such functions.
A. Safety-sensitive functions include those functions directly or indirectly affecting the safety of passengers, employees, or other people and property in and around the rail transit system. This may include frontline personnel, supervision, or management. Safety-sensitive functions include work such as operations, central control, maintenance, systems, signals, safety, and emergency response.
B. The SSOA may determine the length of suspension from performing safety-sensitive functions that is warranted based on the totality of the circumstances, including the specific nature of the event or events, history, and action already taken by the transit agency, its contractors, or the individual. The SSOA may set requirements that must be met prior to returning to a safety-sensitive position.
C. The SSOA will communicate such a suspension to the RTA and direct the RTA not to utilize the individual in safety-sensitive functions for the specified period. The RTA must communicate this suspension to the individual and to the individual’s supervisor or supervisors. The RTA must confirm that the individual and their supervisor or supervisors received this notification, provide records of this notification, and must ensure that the suspension from performing safety-sensitive functions is implemented.
D. The SSOA’s action to suspend an individual from performing a safety sensitive function is not a form of discipline, does not affect employment status, and does not replace or otherwise affect the transit agency’s (or its contractor’s) disciplinary processes.
E. If an individual is not on full duty at the time a suspension is issued, the suspension from performing a safety-sensitive function will commence the first day the employee would otherwise return to full duty. The individual is not permitted to perform any safety sensitive function until the suspension is complete.
F. Any suspension from safety-sensitive duties by the Maryland SSOA applies at any other Maryland rail transit system overseen by the SSOA.
**History**
- *Administrative History: Effective date: March 26, 2018 (45:6 Md. R. 321)*
- *Administrative History: Chapter revised effective January 5, 2026 (52:26 Md. R. 1309)*
- *Authority: Transportation Article, §§2-102(c)(5) and 7-203.1, Annotated Code of Maryland;49 U.S.C. §5329 and 49 CFR Part 674*
##### **COMAR 11.08.04.04** Reinstatement of Safety-Sensitive Eligibility. {#sec-11.08.04.04 omnilex-key=us-md-regs-official--title-11--11.08.04.04}
A. An individual who has been suspended from performing safety-sensitive functions may be eligible for reinstatement prior to the expiration of the initial period of suspension if:
(1) The suspension was for reasons other than noncompliance with the drug and alcohol policy;
(2) The individual has been evaluated by a qualified supervisor of the specific safety-sensitive position and determined by the qualified supervisor and RTA management to:
(a) Have received and successfully completed adequate remedial training on any specific areas identified by the RTA in relation to the suspension; and
(b) Have demonstrated the necessary commitment to safety processes and procedures; and
(3) At least one half of the imposed period of suspension has elapsed.
B. An RTA requesting reinstatement of an individual to perform safety-sensitive functions must do so formally in writing to the MDOT Assistant Secretary for Administration, or designee. This request must include, at minimum, confirmation by a qualified supervisor and RTA management that the individual has met the above requirements, supporting documentation, and a written explanation supporting the request for reinstatement. This may include a written statement by the suspended individual.
C. The Secretary of Transportation or Secretary’s designee will conduct an evaluation and advise the RTA of the determination within 30 calendar days.
**History**
- *Administrative History: Effective date: March 26, 2018 (45:6 Md. R. 321)*
- *Administrative History: Chapter revised effective January 5, 2026 (52:26 Md. R. 1309)*
- *Authority: Transportation Article, §§2-102(c)(5) and 7-203.1, Annotated Code of Maryland;49 U.S.C. §5329 and 49 CFR Part 674*
##### **COMAR 11.08.04.05** Administrative Hearing. {#sec-11.08.04.05 omnilex-key=us-md-regs-official--title-11--11.08.04.05}
A. A State employee wishing to file an appeal must notify the SSOA within 15 calendar days of receiving the notice of their suspension from performing safety-sensitive functions, to request an administrative hearing. Such a request does not create a stay of the suspension from performing safety-sensitive functions.
B. When a suspension from performing safety-sensitive functions is contested by a State employee, the SSOA will forward the matter to Maryland Office of Administrative Hearings (OAH) to set for a hearing.
C. The hearing will be conducted in accordance with Title 28 of the Code of Maryland Regulations (COMAR 28.02.01).
D. The administrative law judge’s decision is the final order of the Secretary of Transportation or Secretary’s designee.
**History**
- *Administrative History: Effective date: March 26, 2018 (45:6 Md. R. 321)*
- *Administrative History: Chapter revised effective January 5, 2026 (52:26 Md. R. 1309)*
- *Authority: Transportation Article, §§2-102(c)(5) and 7-203.1, Annotated Code of Maryland;49 U.S.C. §5329 and 49 CFR Part 674*
## **11.11.01** Payment by Check
##### **COMAR 11.11.01.01** Payment by Noncertified Check. {#sec-11.11.01.01 omnilex-key=us-md-regs-official--title-11--11.11.01.01}
A. When payment is made to the Motor Vehicle Administration (Administration) by noncertified check, the check shall be imprinted with the name and address of the payor.
B. In addition, the payor shall provide, on the face of the check, the payor's:
(1) Driver's license number; and
(2) Home, work, or cellular telephone number.
C. The Administration may request, if the payor is a company, the payor's federal employer's identification number.
D. If the payor is writing a check for another person's transaction, the Administration may require additional identification.
E. The Administration may not accept checks which are not imprinted with the payor's name and address.
F. If the payor is a company and will not disclose upon request the payor's federal identification number, payment shall be made by some method other than by noncertified check.
**History**
- *Administrative History: Effective date: September 22, 1975 (2:23 Md. R. 1413)*
- *Administrative History: Chapter revised effective November 3, 1978 (5:22 Md. R. 1674)*
- *Administrative History: Regulation .01 repealed and new Regulation .01 adopted effective December 31, 1984 (11:26 Md. R. 2279)*
- *Administrative History: Regulation .01 amended effective November 18, 1985 (12:23 Md. R. 2221); January 1, 1992 (18:25 Md. R. 2751); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulations .01 and .02 adopted, existing Regulations .01—.03 recodified, and chapter name changed as an emergency provision effective March 27, 1992 (19:8 Md. R. 801) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01 and .02 adopted, existing Regulations .01—.03 recodified to .03—.05, and chapter name changed effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: ——————*
- *Administrative History: Regulation .01A,B amended effective March 27, 2017 (44:6 Md. R. 326)*
- *Administrative History: Regulation .01C, F amended effective October 18, 2010 (37:21 Md. R. 1436)*
- *Administrative History: Regulation .02 repealed effective March 27, 2017 (44:6 Md. R. 326)*
- *Administrative History: Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1436); March 27, 2017 (44:6 Md. R. 326)*
- *Administrative History: Regulation .04 amended effective March 27, 2017 (44:6 Md. R. 326)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
##### **COMAR 11.11.01.02** Use of the Social Security Number — Repealed. {#sec-11.11.01.02 omnilex-key=us-md-regs-official--title-11--11.11.01.02}
**History**
- *Administrative History: Effective date: September 22, 1975 (2:23 Md. R. 1413)*
- *Administrative History: Chapter revised effective November 3, 1978 (5:22 Md. R. 1674)*
- *Administrative History: Regulation .01 repealed and new Regulation .01 adopted effective December 31, 1984 (11:26 Md. R. 2279)*
- *Administrative History: Regulation .01 amended effective November 18, 1985 (12:23 Md. R. 2221); January 1, 1992 (18:25 Md. R. 2751); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulations .01 and .02 adopted, existing Regulations .01—.03 recodified, and chapter name changed as an emergency provision effective March 27, 1992 (19:8 Md. R. 801) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01 and .02 adopted, existing Regulations .01—.03 recodified to .03—.05, and chapter name changed effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: ——————*
- *Administrative History: Regulation .01A,B amended effective March 27, 2017 (44:6 Md. R. 326)*
- *Administrative History: Regulation .01C, F amended effective October 18, 2010 (37:21 Md. R. 1436)*
- *Administrative History: Regulation .02 repealed effective March 27, 2017 (44:6 Md. R. 326)*
- *Administrative History: Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1436); March 27, 2017 (44:6 Md. R. 326)*
- *Administrative History: Regulation .04 amended effective March 27, 2017 (44:6 Md. R. 326)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
##### **COMAR 11.11.01.03** Service Charge for Bad Checks. {#sec-11.11.01.03 omnilex-key=us-md-regs-official--title-11--11.11.01.03}
A service charge as set forth in Transportation Article, §12-116, Annotated Code of Maryland, shall be assessed against a person who tenders a check or electronic check to the Administration in payment of any charge or for any other purpose, and whose check is not honored by the bank on which it is drawn.
**History**
- *Administrative History: Effective date: September 22, 1975 (2:23 Md. R. 1413)*
- *Administrative History: Chapter revised effective November 3, 1978 (5:22 Md. R. 1674)*
- *Administrative History: Regulation .01 repealed and new Regulation .01 adopted effective December 31, 1984 (11:26 Md. R. 2279)*
- *Administrative History: Regulation .01 amended effective November 18, 1985 (12:23 Md. R. 2221); January 1, 1992 (18:25 Md. R. 2751); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulations .01 and .02 adopted, existing Regulations .01—.03 recodified, and chapter name changed as an emergency provision effective March 27, 1992 (19:8 Md. R. 801) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01 and .02 adopted, existing Regulations .01—.03 recodified to .03—.05, and chapter name changed effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: ——————*
- *Administrative History: Regulation .01A,B amended effective March 27, 2017 (44:6 Md. R. 326)*
- *Administrative History: Regulation .01C, F amended effective October 18, 2010 (37:21 Md. R. 1436)*
- *Administrative History: Regulation .02 repealed effective March 27, 2017 (44:6 Md. R. 326)*
- *Administrative History: Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1436); March 27, 2017 (44:6 Md. R. 326)*
- *Administrative History: Regulation .04 amended effective March 27, 2017 (44:6 Md. R. 326)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
##### **COMAR 11.11.01.04** Payment of Service Charge After Notice. {#sec-11.11.01.04 omnilex-key=us-md-regs-official--title-11--11.11.01.04}
Payment to cover the amount of the dishonored check and the amount of the service charge assessed shall be made immediately after the person receives notice from the Administration. Payment shall be made in United States currency, by certified check, or with a major credit card which has been approved for use by the Administration.
**History**
- *Administrative History: Effective date: September 22, 1975 (2:23 Md. R. 1413)*
- *Administrative History: Chapter revised effective November 3, 1978 (5:22 Md. R. 1674)*
- *Administrative History: Regulation .01 repealed and new Regulation .01 adopted effective December 31, 1984 (11:26 Md. R. 2279)*
- *Administrative History: Regulation .01 amended effective November 18, 1985 (12:23 Md. R. 2221); January 1, 1992 (18:25 Md. R. 2751); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulations .01 and .02 adopted, existing Regulations .01—.03 recodified, and chapter name changed as an emergency provision effective March 27, 1992 (19:8 Md. R. 801) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01 and .02 adopted, existing Regulations .01—.03 recodified to .03—.05, and chapter name changed effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: ——————*
- *Administrative History: Regulation .01A,B amended effective March 27, 2017 (44:6 Md. R. 326)*
- *Administrative History: Regulation .01C, F amended effective October 18, 2010 (37:21 Md. R. 1436)*
- *Administrative History: Regulation .02 repealed effective March 27, 2017 (44:6 Md. R. 326)*
- *Administrative History: Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1436); March 27, 2017 (44:6 Md. R. 326)*
- *Administrative History: Regulation .04 amended effective March 27, 2017 (44:6 Md. R. 326)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
##### **COMAR 11.11.01.05** Failure to Make Payment After Notification. {#sec-11.11.01.05 omnilex-key=us-md-regs-official--title-11--11.11.01.05}
The documents, plates, or other property issued to any person failing to make payment after proper notification may be seized and cancelled, as provided in Transportation Article, §12-110, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: September 22, 1975 (2:23 Md. R. 1413)*
- *Administrative History: Chapter revised effective November 3, 1978 (5:22 Md. R. 1674)*
- *Administrative History: Regulation .01 repealed and new Regulation .01 adopted effective December 31, 1984 (11:26 Md. R. 2279)*
- *Administrative History: Regulation .01 amended effective November 18, 1985 (12:23 Md. R. 2221); January 1, 1992 (18:25 Md. R. 2751); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulations .01 and .02 adopted, existing Regulations .01—.03 recodified, and chapter name changed as an emergency provision effective March 27, 1992 (19:8 Md. R. 801) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01 and .02 adopted, existing Regulations .01—.03 recodified to .03—.05, and chapter name changed effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: ——————*
- *Administrative History: Regulation .01A,B amended effective March 27, 2017 (44:6 Md. R. 326)*
- *Administrative History: Regulation .01C, F amended effective October 18, 2010 (37:21 Md. R. 1436)*
- *Administrative History: Regulation .02 repealed effective March 27, 2017 (44:6 Md. R. 326)*
- *Administrative History: Regulation .03 amended effective October 18, 2010 (37:21 Md. R. 1436); March 27, 2017 (44:6 Md. R. 326)*
- *Administrative History: Regulation .04 amended effective March 27, 2017 (44:6 Md. R. 326)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
## **11.11.02** Administrative Hearings
##### **COMAR 11.11.02.01** Scope. {#sec-11.11.02.01 omnilex-key=us-md-regs-official--title-11--11.11.02.01}
This chapter contains procedures for administrative hearings in contested cases conducted under the Maryland Vehicle Law. These procedures are in accordance with the Maryland Administrative Procedure Act, State Government Article, §10-201 et seq., Annotated Code of Maryland, and the Maryland Vehicle Law, Transportation Article, §12-201 et seq., Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulations .01—.05 repealed effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.14 adopted effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: Regulation .02B amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .03 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .03C amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .05A amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .06A amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .06C amended effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .07 amended effective September 14, 1992 (19:18 Md. R. 1657); April 22, 1996 (23:8 Md. R. 606); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .08 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .08A amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .08 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .09D amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .09 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .10C, D amended and H adopted effective December 21, 1992 (19:25 Md. R. 2206)*
- *Administrative History: Regulation .10G amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .11 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14 amended and recodified to Regulation .15 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14F amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .15 adopted effective November 25, 1991 (18:23 Md. R. 2488)*
- *Administrative History: Regulation .15 recodified to Regulation .14 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .15 amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1306)*
- *Authority: Transportation Article, §§12-104(b) and (e), 12-108, and 12-201—12-209; State Government Article, §§10-201—10-222; Annotated Code of MarylandCh. 14, Acts of 2004*
##### **COMAR 11.11.02.02** Definitions. {#sec-11.11.02.02 omnilex-key=us-md-regs-official--title-11--11.11.02.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Administrative law judge” means a person authorized to conduct hearings in contested cases under State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland.
(3) “Administrator” means the Motor Vehicle Administrator.
(4) “Contested case” means a proceeding so defined under the Maryland Administrative Procedure Act.
(5) “Licensee” is one whose legal rights, duties, statutory entitlements, or privileges may be affected by the outcome of a contested case, including an applicant for a license issued under the Maryland Vehicle Law.
(6) “Party” includes a licensee, the State, and a secured party under a hearing held pursuant to Transportation Article, Title 13, Subtitle 2, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulations .01—.05 repealed effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.14 adopted effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: Regulation .02B amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .03 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .03C amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .05A amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .06A amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .06C amended effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .07 amended effective September 14, 1992 (19:18 Md. R. 1657); April 22, 1996 (23:8 Md. R. 606); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .08 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .08A amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .08 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .09D amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .09 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .10C, D amended and H adopted effective December 21, 1992 (19:25 Md. R. 2206)*
- *Administrative History: Regulation .10G amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .11 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14 amended and recodified to Regulation .15 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14F amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .15 adopted effective November 25, 1991 (18:23 Md. R. 2488)*
- *Administrative History: Regulation .15 recodified to Regulation .14 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .15 amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1306)*
- *Authority: Transportation Article, §§12-104(b) and (e), 12-108, and 12-201—12-209; State Government Article, §§10-201—10-222; Annotated Code of MarylandCh. 14, Acts of 2004*
##### **COMAR 11.11.02.03** Notice. {#sec-11.11.02.03 omnilex-key=us-md-regs-official--title-11--11.11.02.03}
A. In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.
B. The notice shall include:
(1) The date, time, and place of the hearing;
(2) The legal authority and jurisdiction of the Administration to hear the matter,
(3) The specific section of each statute and regulation, including a procedural regulation, that is pertinent;
(4) The facts in sufficient detail to enable a party to prepare his case;
(5) The nature of the proposed action that the Administration is to consider;
(6) The right of a party to the hearing to be represented by counsel; and
(7) If a licensee is a party to the hearing, the right of the Administration, on failure of the licensee to appear, to order a suspension of the licensee's license or privilege until the licensee appears for a hearing.
C. Except as provided in §§D and E of this regulation, the notice shall be given at least 10 days before the date of the hearing. A hearing shall be scheduled within 30 days of the date a party requests a hearing. Notice shall be sent to the party as provided in Transportation Article, §12-114, and State Government Article, §10-208, Annotated Code of Maryland.
D. If the Administration has immediately suspended a licensee's driving privilege after determining that there is a likelihood of substantial and immediate danger and harm to the licensee or others, the Administration shall provide a hearing within 7 days of a party's request.
E. A hearing shall be conducted at the location indicated in the notice, except that if the Administration determines that it is necessary to take testimony from a law enforcement officer, the hearing may be convened or reconvened at the Administration's hearing location most convenient to the assigned duty station of the law enforcement officer.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulations .01—.05 repealed effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.14 adopted effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: Regulation .02B amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .03 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .03C amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .05A amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .06A amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .06C amended effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .07 amended effective September 14, 1992 (19:18 Md. R. 1657); April 22, 1996 (23:8 Md. R. 606); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .08 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .08A amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .08 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .09D amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .09 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .10C, D amended and H adopted effective December 21, 1992 (19:25 Md. R. 2206)*
- *Administrative History: Regulation .10G amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .11 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14 amended and recodified to Regulation .15 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14F amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .15 adopted effective November 25, 1991 (18:23 Md. R. 2488)*
- *Administrative History: Regulation .15 recodified to Regulation .14 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .15 amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1306)*
- *Authority: Transportation Article, §§12-104(b) and (e), 12-108, and 12-201—12-209; State Government Article, §§10-201—10-222; Annotated Code of MarylandCh. 14, Acts of 2004*
##### **COMAR 11.11.02.04** Representation. — Repealed {#sec-11.11.02.04 omnilex-key=us-md-regs-official--title-11--11.11.02.04}
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulations .01—.05 repealed effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.14 adopted effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: Regulation .02B amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .03 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .03C amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .05A amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .06A amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .06C amended effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .07 amended effective September 14, 1992 (19:18 Md. R. 1657); April 22, 1996 (23:8 Md. R. 606); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .08 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .08A amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .08 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .09D amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .09 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .10C, D amended and H adopted effective December 21, 1992 (19:25 Md. R. 2206)*
- *Administrative History: Regulation .10G amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .11 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14 amended and recodified to Regulation .15 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14F amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .15 adopted effective November 25, 1991 (18:23 Md. R. 2488)*
- *Administrative History: Regulation .15 recodified to Regulation .14 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .15 amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1306)*
- *Authority: Transportation Article, §§12-104(b) and (e), 12-108, and 12-201—12-209; State Government Article, §§10-201—10-222; Annotated Code of MarylandCh. 14, Acts of 2004*
##### **COMAR 11.11.02.05** Postponements. {#sec-11.11.02.05 omnilex-key=us-md-regs-official--title-11--11.11.02.05}
A. Postponements may be granted only for good cause by the Administrator, or the Administrator's designee. In addition, in cases in which an administrative law judge is the trier of fact, the chief administrative law judge, the Manager of the Division of Administrative Adjudication, or their appointees may grant a postponement for good cause. However, once an administrative law judge is assigned a case, the administrative law judge may, for good cause, grant a postponement.
B. Except for good cause, a request for a postponement of a hearing may not be considered unless a written request for it has been received by the Administration not less than 5 days before the scheduled date of the hearing. The written request shall set forth the reasons for the request and shall list at least three dates within the 60-day period following the day of the previously scheduled hearing on which the party and, if applicable, counsel will be available for a hearing.
C. A postponement request shall constitute a waiver of the licensee's right to a hearing or a decision within the time periods established by law.
**Cross References**
11.11.03.06B
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulations .01—.05 repealed effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.14 adopted effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: Regulation .02B amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .03 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .03C amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .05A amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .06A amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .06C amended effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .07 amended effective September 14, 1992 (19:18 Md. R. 1657); April 22, 1996 (23:8 Md. R. 606); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .08 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .08A amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .08 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .09D amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .09 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .10C, D amended and H adopted effective December 21, 1992 (19:25 Md. R. 2206)*
- *Administrative History: Regulation .10G amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .11 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14 amended and recodified to Regulation .15 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14F amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .15 adopted effective November 25, 1991 (18:23 Md. R. 2488)*
- *Administrative History: Regulation .15 recodified to Regulation .14 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .15 amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1306)*
- *Authority: Transportation Article, §§12-104(b) and (e), 12-108, and 12-201—12-209; State Government Article, §§10-201—10-222; Annotated Code of MarylandCh. 14, Acts of 2004*
##### **COMAR 11.11.02.06** Request for Subpoenas or Summonses. — Repealed {#sec-11.11.02.06 omnilex-key=us-md-regs-official--title-11--11.11.02.06}
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulations .01—.05 repealed effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.14 adopted effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: Regulation .02B amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .03 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .03C amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .05A amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .06A amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .06C amended effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .07 amended effective September 14, 1992 (19:18 Md. R. 1657); April 22, 1996 (23:8 Md. R. 606); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .08 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .08A amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .08 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .09D amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .09 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .10C, D amended and H adopted effective December 21, 1992 (19:25 Md. R. 2206)*
- *Administrative History: Regulation .10G amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .11 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14 amended and recodified to Regulation .15 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14F amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .15 adopted effective November 25, 1991 (18:23 Md. R. 2488)*
- *Administrative History: Regulation .15 recodified to Regulation .14 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .15 amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1306)*
- *Authority: Transportation Article, §§12-104(b) and (e), 12-108, and 12-201—12-209; State Government Article, §§10-201—10-222; Annotated Code of MarylandCh. 14, Acts of 2004*
##### **COMAR 11.11.02.07** Delegation of Hearing Authority. {#sec-11.11.02.07 omnilex-key=us-md-regs-official--title-11--11.11.02.07}
A. Pursuant to State Government Article, §10-205, and Transportation Article, §12-104, Annotated Code of Maryland, the Administrator delegates authority to hear contested administrative hearings and issue final orders to certain administrative law judges appointed by the Office of Administrative Hearings.
B. Unless specifically provided elsewhere in Transportation Article, Annotated Code of Maryland, or other Motor Vehicle regulations, administrative hearing procedures shall be in accordance with the procedures in COMAR 28.02.01.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulations .01—.05 repealed effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.14 adopted effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: Regulation .02B amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .03 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .03C amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .05A amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .06A amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .06C amended effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .07 amended effective September 14, 1992 (19:18 Md. R. 1657); April 22, 1996 (23:8 Md. R. 606); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .08 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .08A amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .08 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .09D amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .09 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .10C, D amended and H adopted effective December 21, 1992 (19:25 Md. R. 2206)*
- *Administrative History: Regulation .10G amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .11 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14 amended and recodified to Regulation .15 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14F amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .15 adopted effective November 25, 1991 (18:23 Md. R. 2488)*
- *Administrative History: Regulation .15 recodified to Regulation .14 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .15 amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1306)*
- *Authority: Transportation Article, §§12-104(b) and (e), 12-108, and 12-201—12-209; State Government Article, §§10-201—10-222; Annotated Code of MarylandCh. 14, Acts of 2004*
##### **COMAR 11.11.02.08** Repealed. {#sec-11.11.02.08 omnilex-key=us-md-regs-official--title-11--11.11.02.08}
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulations .01—.05 repealed effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.14 adopted effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: Regulation .02B amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .03 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .03C amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .05A amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .06A amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .06C amended effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .07 amended effective September 14, 1992 (19:18 Md. R. 1657); April 22, 1996 (23:8 Md. R. 606); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .08 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .08A amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .08 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .09D amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .09 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .10C, D amended and H adopted effective December 21, 1992 (19:25 Md. R. 2206)*
- *Administrative History: Regulation .10G amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .11 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14 amended and recodified to Regulation .15 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14F amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .15 adopted effective November 25, 1991 (18:23 Md. R. 2488)*
- *Administrative History: Regulation .15 recodified to Regulation .14 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .15 amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1306)*
- *Authority: Transportation Article, §§12-104(b) and (e), 12-108, and 12-201—12-209; State Government Article, §§10-201—10-222; Annotated Code of MarylandCh. 14, Acts of 2004*
##### **COMAR 11.11.02.09** Repealed. {#sec-11.11.02.09 omnilex-key=us-md-regs-official--title-11--11.11.02.09}
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulations .01—.05 repealed effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.14 adopted effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: Regulation .02B amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .03 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .03C amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .05A amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .06A amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .06C amended effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .07 amended effective September 14, 1992 (19:18 Md. R. 1657); April 22, 1996 (23:8 Md. R. 606); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .08 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .08A amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .08 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .09D amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .09 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .10C, D amended and H adopted effective December 21, 1992 (19:25 Md. R. 2206)*
- *Administrative History: Regulation .10G amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .11 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14 amended and recodified to Regulation .15 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14F amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .15 adopted effective November 25, 1991 (18:23 Md. R. 2488)*
- *Administrative History: Regulation .15 recodified to Regulation .14 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .15 amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1306)*
- *Authority: Transportation Article, §§12-104(b) and (e), 12-108, and 12-201—12-209; State Government Article, §§10-201—10-222; Annotated Code of MarylandCh. 14, Acts of 2004*
##### **COMAR 11.11.02.10** Evidence. {#sec-11.11.02.10 omnilex-key=us-md-regs-official--title-11--11.11.02.10}
A. Each hearing shall be conducted in accordance with the rules of evidence in State Government Article, §§10-213 and 10-214, and Transportation Article, §12-207, Annotated Code of Maryland.
B. Notwithstanding the fact that evidence may have been seized or obtained in violation of a licensee's Fourth Amendment constitutional rights, the evidence is admissible unless the:
(1) Police officer, in obtaining or seizing the evidence, acted in bad faith and not as a reasonable officer should act in similar circumstances; or
(2) Evidence is otherwise inadmissible under this regulation.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulations .01—.05 repealed effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.14 adopted effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: Regulation .02B amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .03 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .03C amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .05A amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .06A amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .06C amended effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .07 amended effective September 14, 1992 (19:18 Md. R. 1657); April 22, 1996 (23:8 Md. R. 606); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .08 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .08A amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .08 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .09D amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .09 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .10C, D amended and H adopted effective December 21, 1992 (19:25 Md. R. 2206)*
- *Administrative History: Regulation .10G amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .11 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14 amended and recodified to Regulation .15 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14F amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .15 adopted effective November 25, 1991 (18:23 Md. R. 2488)*
- *Administrative History: Regulation .15 recodified to Regulation .14 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .15 amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1306)*
- *Authority: Transportation Article, §§12-104(b) and (e), 12-108, and 12-201—12-209; State Government Article, §§10-201—10-222; Annotated Code of MarylandCh. 14, Acts of 2004*
##### **COMAR 11.11.02.11** Ex Parte Communications. {#sec-11.11.02.11 omnilex-key=us-md-regs-official--title-11--11.11.02.11}
A. Except as provided in §B of this regulation, an individual who is not authorized to participate in the decision-making process of a contested case may not communicate ex parte with the Administrator, the administrative law judge, other trier of fact, or any individual who is involved in the decision-making process with regard to any issue of law or fact in the contested case.
B. The Administrator, administrative law judge, other trier of fact, or any individual who is involved in the decision-making process may communicate with the Administration's staff or with counsel for the Administration as long as those individuals did not participate in the investigation or prosecution of the contested case.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulations .01—.05 repealed effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.14 adopted effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: Regulation .02B amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .03 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .03C amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .05A amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .06A amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .06C amended effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .07 amended effective September 14, 1992 (19:18 Md. R. 1657); April 22, 1996 (23:8 Md. R. 606); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .08 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .08A amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .08 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .09D amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .09 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .10C, D amended and H adopted effective December 21, 1992 (19:25 Md. R. 2206)*
- *Administrative History: Regulation .10G amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .11 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14 amended and recodified to Regulation .15 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14F amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .15 adopted effective November 25, 1991 (18:23 Md. R. 2488)*
- *Administrative History: Regulation .15 recodified to Regulation .14 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .15 amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1306)*
- *Authority: Transportation Article, §§12-104(b) and (e), 12-108, and 12-201—12-209; State Government Article, §§10-201—10-222; Annotated Code of MarylandCh. 14, Acts of 2004*
##### **COMAR 11.11.02.12** Failure to Appear. {#sec-11.11.02.12 omnilex-key=us-md-regs-official--title-11--11.11.02.12}
If a licensee who has been given notice of the hearing fails to appear for the hearing, the Administration may:
A. Suspend the applicable privilege pending the licensee's appearance at a hearing on a date set by the Administration; or
B. Upon good cause shown to the satisfaction of the Administration as to why the licensee could not appear at the originally scheduled hearing, terminate any suspension imposed under this regulation, and send notice to the licensee of the newly scheduled hearing date.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulations .01—.05 repealed effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.14 adopted effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: Regulation .02B amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .03 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .03C amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .05A amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .06A amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .06C amended effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .07 amended effective September 14, 1992 (19:18 Md. R. 1657); April 22, 1996 (23:8 Md. R. 606); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .08 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .08A amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .08 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .09D amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .09 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .10C, D amended and H adopted effective December 21, 1992 (19:25 Md. R. 2206)*
- *Administrative History: Regulation .10G amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .11 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14 amended and recodified to Regulation .15 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14F amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .15 adopted effective November 25, 1991 (18:23 Md. R. 2488)*
- *Administrative History: Regulation .15 recodified to Regulation .14 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .15 amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1306)*
- *Authority: Transportation Article, §§12-104(b) and (e), 12-108, and 12-201—12-209; State Government Article, §§10-201—10-222; Annotated Code of MarylandCh. 14, Acts of 2004*
##### **COMAR 11.11.02.13** Cost of Transcript. {#sec-11.11.02.13 omnilex-key=us-md-regs-official--title-11--11.11.02.13}
Testimony presented at any hearing may be transcribed. However, a party requesting a transcript prepared by the Administration shall pay for its cost. A party requesting a transcript prepared by a private stenographic service shall pay whatever cost is assessed by the private service.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulations .01—.05 repealed effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.14 adopted effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: Regulation .02B amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .03 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .03C amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .05A amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .06A amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .06C amended effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .07 amended effective September 14, 1992 (19:18 Md. R. 1657); April 22, 1996 (23:8 Md. R. 606); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .08 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .08A amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .08 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .09D amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .09 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .10C, D amended and H adopted effective December 21, 1992 (19:25 Md. R. 2206)*
- *Administrative History: Regulation .10G amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .11 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14 amended and recodified to Regulation .15 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14F amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .15 adopted effective November 25, 1991 (18:23 Md. R. 2488)*
- *Administrative History: Regulation .15 recodified to Regulation .14 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .15 amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1306)*
- *Authority: Transportation Article, §§12-104(b) and (e), 12-108, and 12-201—12-209; State Government Article, §§10-201—10-222; Annotated Code of MarylandCh. 14, Acts of 2004*
##### **COMAR 11.11.02.14** Transcripts on Appeal. {#sec-11.11.02.14 omnilex-key=us-md-regs-official--title-11--11.11.02.14}
A. Subject to the court's assessment of costs at the conclusion of a case, a party filing an appeal from a decision of the Administration shall pay the expense of the transcription of the testimony. However, the Administration shall bear the expense of the transcription if the court in which the appeal was filed has waived prepayment of the filing fees pursuant to Maryland Rule 1-325.
B. The Administration shall notify the Office of Administrative Hearings to provide the Administration with the audiotape of the testimony at the hearing.
C. Unless a stenographer designated by the Administration has already recorded this testimony, the Administration shall deliver the audiotape to the private stenographic service designated by the Administration and shall notify the private stenographic service to deliver, to the administrative law judge who presided over the hearing:
(1) The original transcript and four copies; and
(2) The invoice made payable by the Motor Vehicle Administration.
D. The Administration, after verifying the accuracy of the transcript through the Office of Administrative Hearings, and after the administrative law judge has made whatever corrections that are considered necessary, shall obtain the original transcript and three copies from the Office of Administrative Hearings.
E. Unless the appellant is exempt under §A of this regulation, the Administration may not file the original transcript and record with the court until the appellant reimburses the Administration for the cost of:
(1) The original transcript; and
(2) Certified copies of the exhibits to be filed with the court.
F. The appellant shall:
(1) Comply with the time constraints imposed by Maryland Rule 7-206; and
(2) Request from the court any extensions of time for preparing the record and transcript to allow the Administration to file the record and transcript with the court in a timely fashion.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulations .01—.05 repealed effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.14 adopted effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: Regulation .02B amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .03 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .03C amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .05A amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .06A amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .06C amended effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .07 amended effective September 14, 1992 (19:18 Md. R. 1657); April 22, 1996 (23:8 Md. R. 606); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .08 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .08A amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .08 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .09D amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .09 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .10C, D amended and H adopted effective December 21, 1992 (19:25 Md. R. 2206)*
- *Administrative History: Regulation .10G amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .11 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14 amended and recodified to Regulation .15 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14F amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .15 adopted effective November 25, 1991 (18:23 Md. R. 2488)*
- *Administrative History: Regulation .15 recodified to Regulation .14 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .15 amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1306)*
- *Authority: Transportation Article, §§12-104(b) and (e), 12-108, and 12-201—12-209; State Government Article, §§10-201—10-222; Annotated Code of MarylandCh. 14, Acts of 2004*
##### **COMAR 11.11.02.15** Stay of Enforcement. {#sec-11.11.02.15 omnilex-key=us-md-regs-official--title-11--11.11.02.15}
A party may request a stay of enforcement of the Administration's decision if an appeal has been filed. A request for a stay shall be in writing and shall include a photocopy of the order for appeal filed with the circuit court. Except for hearings conducted pursuant to Transportation Article, §16-205.1, Annotated Code of Maryland, the Administration shall grant a stay of the Administration's decision or order for not more than 120 days, unless it appears to the Administration that substantial and immediate harm could result to the licensee or others if the license or privilege is continued pending appeal.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulations .01—.05 repealed effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.14 adopted effective March 21, 1988 (15:6 Md. R. 740)*
- *Administrative History: Regulation .02B amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .03 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .03C amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .05A amended effective September 14, 1992 (19:18 Md. R. 1657); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .06A amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .06C amended effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .07 amended effective September 14, 1992 (19:18 Md. R. 1657); April 22, 1996 (23:8 Md. R. 606); October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .08 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .08A amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .08 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .09D amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .09 repealed effective October 1, 2004 (31:18 Md. R. 1351)*
- *Administrative History: Regulation .10C, D amended and H adopted effective December 21, 1992 (19:25 Md. R. 2206)*
- *Administrative History: Regulation .10G amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .11 amended effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14 amended and recodified to Regulation .15 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .14F amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .15 adopted effective November 25, 1991 (18:23 Md. R. 2488)*
- *Administrative History: Regulation .15 recodified to Regulation .14 effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .15 amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1306)*
- *Authority: Transportation Article, §§12-104(b) and (e), 12-108, and 12-201—12-209; State Government Article, §§10-201—10-222; Annotated Code of MarylandCh. 14, Acts of 2004*
## **11.11.03** Summary Suspensions for Alcohol and Drug-Related Offenses
##### **COMAR 11.11.03.01** Scope. {#sec-11.11.03.01 omnilex-key=us-md-regs-official--title-11--11.11.03.01}
A. This chapter contains administrative procedures governing suspensions of driver's licenses for licensees who have refused a properly requested test or who have submitted to a test which showed a 0.08 or more alcohol concentration, under Transportation Article, §16-205.1, Annotated Code of Maryland.
B. This chapter includes procedures for administrative hearings in contested cases under the Maryland Vehicle Law, which are in accordance with the Maryland Administrative Procedure Act, State Government Article, §10-201 et seq., and Transportation Article, §12-201 et seq., Annotated Code of Maryland.
C. This chapter is meant to be read in conjunction with COMAR 11.11.02.
D. To the extent this chapter conflicts with any other provisions of this title, the provisions of this chapter shall prevail.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.13 adopted as a emergency provision effective January 1, 1990 (17:1 Md. R. 64) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.13 adopted effective May 28, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .01 amended effective June 8, 1992 (19:11 Md. R. 1016)*
- *Administrative History: Regulation .01A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .01A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .02B amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .02B amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .03 amended effective September 13, 1993 (20:18 Md. R. 1431)*
- *Administrative History: Regulation .03A, E, F amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .03D, E amended effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .03E amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .04A and C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .06A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08 amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08B amended as an emergency provision effective October 18, 1999 (26:23 Md. R. 1775); amended permanently effective February 7, 2000 (27:2 Md. R. 145)*
- *Administrative History: Regulation .08B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .09 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09C amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09D amended effective October 1, 1990 (17:19 Md. R. 2321); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09-1 adopted as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); adopted permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09-1 amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09-1B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .11 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12A amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Authority: State Government Article, §§9-1604(b), 10-201—10-222; Transportation Article, §§12-104(b), 12-108, 12-201—12-209, 16-117, and 16-205.1; Annotated Code of Maryland*
##### **COMAR 11.11.03.02** Definitions. {#sec-11.11.03.02 omnilex-key=us-md-regs-official--title-11--11.11.03.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration and includes the Office of Administrative Hearings.
(2) “Administrative law judge” means a person authorized to conduct hearings in contested cases under State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland.
(3) “Alcohol incident” includes:
(a) A conviction or probation before judgment for a violation of Transportation Article, §21-902(a), (b), (c), or (d), Annotated Code of Maryland;
(b) An offense committed under Transportation Article, §16-205.1, Annotated Code of Maryland;
(c) A conviction of Criminal Law Article, Title 2, Subtitle 5, Annotated Code of Maryland;
(d) A conviction or offense committed in another jurisdiction which is substantially similar to those offenses referred to in §B(3)(a), (b), or (c); or
(e) A violation of an alcohol restriction.
(4) “Director” means the Director of the Administrative Adjudication Division, Motor Vehicle Administration, or the Director's designee.
(5) “License” means a license to drive as defined in Transportation Article, §11-128, Annotated Code of Maryland.
(6) “Licensee” is one whose legal rights, duties, statutory entitlements, or privileges may be affected by the outcome of a contested case.
(7) “MVA branch office” means a facility of the Motor Vehicle Administration which provides licensing and titling services. It does not include limited service facilities known as MVA express offices.
(8) “Program” means the Ignition Interlock System Program established under Transportation Article, §16-404.1, Annotated Code of Maryland, and approved by the Administration.
(9) “Test” means either one or both of the following:
(a) A test of a person's breath or of one specimen of a person's blood to determine alcohol concentration;
(b) A test or tests of one specimen of a person's blood to determine the drug or controlled dangerous substance content of the person's blood.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.13 adopted as a emergency provision effective January 1, 1990 (17:1 Md. R. 64) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.13 adopted effective May 28, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .01 amended effective June 8, 1992 (19:11 Md. R. 1016)*
- *Administrative History: Regulation .01A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .01A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .02B amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .02B amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .03 amended effective September 13, 1993 (20:18 Md. R. 1431)*
- *Administrative History: Regulation .03A, E, F amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .03D, E amended effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .03E amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .04A and C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .06A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08 amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08B amended as an emergency provision effective October 18, 1999 (26:23 Md. R. 1775); amended permanently effective February 7, 2000 (27:2 Md. R. 145)*
- *Administrative History: Regulation .08B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .09 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09C amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09D amended effective October 1, 1990 (17:19 Md. R. 2321); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09-1 adopted as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); adopted permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09-1 amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09-1B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .11 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12A amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Authority: State Government Article, §§9-1604(b), 10-201—10-222; Transportation Article, §§12-104(b), 12-108, 12-201—12-209, 16-117, and 16-205.1; Annotated Code of Maryland*
##### **COMAR 11.11.03.03** Request for Hearing. {#sec-11.11.03.03 omnilex-key=us-md-regs-official--title-11--11.11.03.03}
A. At the time of, or within 30 days from the date of, the issuance of an order of suspension served by a police officer pursuant to Transportation Article, §16-205.1(b)(3), Annotated Code of Maryland, the person may submit a written request for a hearing to be held before an administrative law judge.
B. Hearing requests shall be made in writing and include the person's:
(1) Name;
(2) Address;
(3) Driver's license number; and
(4) Date of birth.
C. A hearing request shall be accompanied by the filing fee required by the Office of Administrative Hearings under COMAR 28.03.01.03. The hearing request may be denied if not accompanied by the required filing fee.
D. A written request for a hearing which is mailed shall be addressed to the Office of Administrative Hearings, 11101 Gilroy Road, Hunt Valley, Maryland 21031-1301, and shall be considered to have been made on the date of the U.S. Postal Service postmark.
E. A written hearing request may be personally delivered to:
(1) The police officer at the time of the issuance of the order of suspension;
(2) The Administrative Adjudication Division, Motor Vehicle Administration, 6601 Ritchie Highway, N.E., Glen Burnie, Maryland 21062, during regular office hours; or
(3) The chief clerk or deputy clerks of the Office of Administrative Hearings during regular business hours.
F. The Administration shall deny a hearing if the person did not:
(1) Surrender the driver's license to the police officer or the Administration and refused to sign a certification that the license was not in that person's possession to be surrendered to the police officer and that, upon possession, it will be forwarded to the Administration; or
(2) Submit a timely request for a hearing within 30 days of the issuance of the order of suspension.
G. If the hearing request is not made within 30 days of the issuance of the order of suspension, the Administration may grant a hearing if the person was incapacitated to an extent rendering the person incapable of making a timely request.
H. The Administration may grant a hearing if the person who is the subject of the hearing requests a waiver of fees in accordance with State Government Article, §9-1604(b)(2), Annotated Code of Maryland, and COMAR 28.03.01.06, within 30 days of the issuance of the order of suspension and the request for waiver is granted.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.13 adopted as a emergency provision effective January 1, 1990 (17:1 Md. R. 64) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.13 adopted effective May 28, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .01 amended effective June 8, 1992 (19:11 Md. R. 1016)*
- *Administrative History: Regulation .01A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .01A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .02B amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .02B amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .03 amended effective September 13, 1993 (20:18 Md. R. 1431)*
- *Administrative History: Regulation .03A, E, F amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .03D, E amended effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .03E amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .04A and C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .06A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08 amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08B amended as an emergency provision effective October 18, 1999 (26:23 Md. R. 1775); amended permanently effective February 7, 2000 (27:2 Md. R. 145)*
- *Administrative History: Regulation .08B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .09 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09C amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09D amended effective October 1, 1990 (17:19 Md. R. 2321); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09-1 adopted as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); adopted permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09-1 amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09-1B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .11 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12A amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Authority: State Government Article, §§9-1604(b), 10-201—10-222; Transportation Article, §§12-104(b), 12-108, 12-201—12-209, 16-117, and 16-205.1; Annotated Code of Maryland*
##### **COMAR 11.11.03.04** Stay of Suspension. {#sec-11.11.03.04 omnilex-key=us-md-regs-official--title-11--11.11.03.04}
A. A stay of an order of suspension issued under Transportation Article, §16-205.1, Annotated Code of Maryland, shall be granted by the Administration in the following circumstances:
(1) The person can show a compelling reason for being unable to appear at the scheduled hearing;
(2) The Administration cannot provide a hearing within the time period required by Transportation Article, §16-205.1, Annotated Code of Maryland;
(3) The person and the Administration agree to a postponement; or
(4) The person is otherwise entitled to a stay of the suspension under Transportation Article, §16-205.1(f)(5)(iii) or §16-205.1(f)(6)(iii), Annotated Code of Maryland.
B. The Administration shall be deemed to have agreed to a postponement of a hearing under the following circumstances:
(1) The person can show a compelling reason for that person's inability to appear on the scheduled hearing date;
(2) The person's attorney presents evidence of a conflict in the attorney's schedule and otherwise conforms with the requirements for postponement requests contained in Regulation .06; or
(3) The person can establish to the satisfaction of the Administration that the person did not receive actual notice of the hearing as a result of an error on the part of the Administration.
C. The following circumstances constitute reasons deemed compelling for purposes of the Administration staying an order of suspension after a person fails to appear at a scheduled hearing or requests a postponement:
(1) The person is in the military and is not stationed or on leave in Maryland on the date of the scheduled hearing;
(2) The person is incarcerated;
(3) There has been, within the past 5 days, a death or illness in the immediate family of the person or the person's attorney; or
(4) The person or the person's attorney can present satisfactory evidence that the person or the person's attorney was suffering from an incapacitating illness or was injured to the extent that it was impossible to appear for the scheduled hearing.
D. Except as provided in §A, if a hearing request is not made at the time of, or within 10 days from the date of, the issuance of the order of suspension, but within 30 days of the issuance of the order of suspension, the Administration may not stay the order of suspension.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.13 adopted as a emergency provision effective January 1, 1990 (17:1 Md. R. 64) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.13 adopted effective May 28, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .01 amended effective June 8, 1992 (19:11 Md. R. 1016)*
- *Administrative History: Regulation .01A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .01A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .02B amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .02B amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .03 amended effective September 13, 1993 (20:18 Md. R. 1431)*
- *Administrative History: Regulation .03A, E, F amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .03D, E amended effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .03E amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .04A and C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .06A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08 amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08B amended as an emergency provision effective October 18, 1999 (26:23 Md. R. 1775); amended permanently effective February 7, 2000 (27:2 Md. R. 145)*
- *Administrative History: Regulation .08B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .09 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09C amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09D amended effective October 1, 1990 (17:19 Md. R. 2321); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09-1 adopted as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); adopted permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09-1 amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09-1B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .11 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12A amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Authority: State Government Article, §§9-1604(b), 10-201—10-222; Transportation Article, §§12-104(b), 12-108, 12-201—12-209, 16-117, and 16-205.1; Annotated Code of Maryland*
##### **COMAR 11.11.03.05** Location of Hearings. {#sec-11.11.03.05 omnilex-key=us-md-regs-official--title-11--11.11.03.05}
The Administration shall determine the location of the hearing. If a postponement or continuance is necessary for any reason, the Administration may change the location of the hearing.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.13 adopted as a emergency provision effective January 1, 1990 (17:1 Md. R. 64) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.13 adopted effective May 28, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .01 amended effective June 8, 1992 (19:11 Md. R. 1016)*
- *Administrative History: Regulation .01A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .01A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .02B amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .02B amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .03 amended effective September 13, 1993 (20:18 Md. R. 1431)*
- *Administrative History: Regulation .03A, E, F amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .03D, E amended effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .03E amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .04A and C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .06A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08 amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08B amended as an emergency provision effective October 18, 1999 (26:23 Md. R. 1775); amended permanently effective February 7, 2000 (27:2 Md. R. 145)*
- *Administrative History: Regulation .08B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .09 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09C amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09D amended effective October 1, 1990 (17:19 Md. R. 2321); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09-1 adopted as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); adopted permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09-1 amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09-1B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .11 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12A amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Authority: State Government Article, §§9-1604(b), 10-201—10-222; Transportation Article, §§12-104(b), 12-108, 12-201—12-209, 16-117, and 16-205.1; Annotated Code of Maryland*
##### **COMAR 11.11.03.06** Postponements. {#sec-11.11.03.06 omnilex-key=us-md-regs-official--title-11--11.11.03.06}
A. A postponement may not result in a stay of the suspension under Transportation Article, §16-205.1(f)(5)(iii)(1) and (f)(6)(iii)(1), unless the Administration has agreed to a postponement pursuant to Regulation .04B and C.
B. For any satisfactory reason other than those designated in Regulation .04B and C, the Administration may grant a postponement if the licensee complies with COMAR 11.11.02.05, but the postponement does not result in a stay of the suspension.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.13 adopted as a emergency provision effective January 1, 1990 (17:1 Md. R. 64) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.13 adopted effective May 28, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .01 amended effective June 8, 1992 (19:11 Md. R. 1016)*
- *Administrative History: Regulation .01A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .01A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .02B amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .02B amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .03 amended effective September 13, 1993 (20:18 Md. R. 1431)*
- *Administrative History: Regulation .03A, E, F amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .03D, E amended effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .03E amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .04A and C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .06A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08 amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08B amended as an emergency provision effective October 18, 1999 (26:23 Md. R. 1775); amended permanently effective February 7, 2000 (27:2 Md. R. 145)*
- *Administrative History: Regulation .08B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .09 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09C amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09D amended effective October 1, 1990 (17:19 Md. R. 2321); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09-1 adopted as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); adopted permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09-1 amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09-1B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .11 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12A amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Authority: State Government Article, §§9-1604(b), 10-201—10-222; Transportation Article, §§12-104(b), 12-108, 12-201—12-209, 16-117, and 16-205.1; Annotated Code of Maryland*
##### **COMAR 11.11.03.07** Request for Subpoenas. {#sec-11.11.03.07 omnilex-key=us-md-regs-official--title-11--11.11.03.07}
A. A request for the issuance of a subpoena to require the attendance of witnesses or the production of documents shall be in writing and shall contain:
(1) The name and complete mailing address of the licensee;
(2) The driver's license number of the licensee;
(3) The date of the scheduled hearing, if known;
(4) The name, address, and telephone number of the attorney, if applicable;
(5) A proffer of the expected testimony or evidence and its relevance to the proceeding; and
(6) The name and address of the requested witness.
B. The decision to issue a subpoena shall be in the discretion of the Administration.
C. A request may be refused if the testimony or evidence to be offered:
(1) Is immaterial, irrelevant, or unduly repetitious; or
(2) Does not pertain to a genuine issue in the contested case.
D. If a subpoena request is made, the Administration may defer the decision on the request until the hearing is held. The administrative law judge may take testimony and receive evidence to determine if the request may be granted pursuant to §C of this regulation. The administrative law judge may entertain a proffer from the licensee or the licensee's attorney as to the nature of the witness' testimony. If the administrative law judge decides to issue a subpoena for a witness, the administrative law judge shall continue the hearing and stay the suspension. The Administration may reschedule the hearing at a location most convenient for the witness.
E. A party, other than the Administration, requesting the issuance of a subpoena, shall pay the Administration a fee of $4 for each subpoena issued.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.13 adopted as a emergency provision effective January 1, 1990 (17:1 Md. R. 64) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.13 adopted effective May 28, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .01 amended effective June 8, 1992 (19:11 Md. R. 1016)*
- *Administrative History: Regulation .01A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .01A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .02B amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .02B amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .03 amended effective September 13, 1993 (20:18 Md. R. 1431)*
- *Administrative History: Regulation .03A, E, F amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .03D, E amended effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .03E amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .04A and C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .06A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08 amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08B amended as an emergency provision effective October 18, 1999 (26:23 Md. R. 1775); amended permanently effective February 7, 2000 (27:2 Md. R. 145)*
- *Administrative History: Regulation .08B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .09 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09C amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09D amended effective October 1, 1990 (17:19 Md. R. 2321); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09-1 adopted as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); adopted permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09-1 amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09-1B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .11 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12A amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Authority: State Government Article, §§9-1604(b), 10-201—10-222; Transportation Article, §§12-104(b), 12-108, 12-201—12-209, 16-117, and 16-205.1; Annotated Code of Maryland*
##### **COMAR 11.11.03.08** Hearing. {#sec-11.11.03.08 omnilex-key=us-md-regs-official--title-11--11.11.03.08}
A. Scheduling.
(1) A hearing shall be provided by the Administration within the time periods required in Transportation Article, §16-205.1, Annotated Code of Maryland.
(2) If the Administration cannot provide a hearing within the time periods required by Transportation Article, §16-205.1, and the suspension period has not begun by the time the hearing is provided, or the Administration stays the suspension under Regulation .04A(2), the Administration or administrative law judge may not dismiss the case.
(3) If the Administration cannot provide a hearing within the time periods required by Transportation Article, §16-205.1, and the suspension period has begun as a result of the Administration's delay or oversight, the case shall be dismissed.
B. Evidence.
(1) Each hearing shall be conducted in accordance with State Government Article, §§10-201—10-214, and Transportation Article, §§12-201—12-208, Annotated Code of Maryland.
(2) Certified copies of medical records of a medical laboratory containing results of a blood test for the alcohol concentration of the licensee shall be admitted at the hearing without the necessity of the personal appearance by the custodian of the records or any other employee of the facility which administered the test.
(3) The administrative law judge, on the administrative law judge's own motion or upon request of a party, may allow the testimony of any nonparty witness to be taken by telephone with the consent of all parties. When testimony is taken by telephone, the administrative law judge shall employ appropriate techniques to ensure that the testimony is fully audible to all parties present at the hearing and the testimony is made a part of the hearing record. The parties shall be allowed to fully cross-examine any witness whose testimony is taken using this procedure.
(4) If the administrative law judge determines that the testimony of a witness adverse to the licensee may materially assist with making an informed decision on a genuine issue of fact in the case, the administrative law judge may either take the testimony of that adverse witness pursuant to §B(3) or may require the attendance at the hearing of that adverse witness.
(5) For the purpose of determining the accuracy of the test result indicating the alcohol concentration of the licensee, the breath testing instrument shall conform to the requirements set forth in COMAR 10.35.02.08.B(2).
(6) There shall be a rebuttable presumption that the test result of a test of blood or breath indicating the alcohol concentration of the licensee is accurate.
(7) The reliability of breath testing instruments approved in §B(5) of this regulation and the presumption established in §B(6) of this regulation may not preclude a licensee from demonstrating that the specific breath testing instrument used to test the alcohol concentration of the licensee was malfunctioning at the time of testing, or that human error caused the test result to be inaccurate.
C. Record of Hearing. The administrative law judge shall maintain a record of the hearing which shall include all physical evidence submitted by the parties and the mechanical recording of the oral proceedings before the administrative law judge.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.13 adopted as a emergency provision effective January 1, 1990 (17:1 Md. R. 64) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.13 adopted effective May 28, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .01 amended effective June 8, 1992 (19:11 Md. R. 1016)*
- *Administrative History: Regulation .01A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .01A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .02B amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .02B amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .03 amended effective September 13, 1993 (20:18 Md. R. 1431)*
- *Administrative History: Regulation .03A, E, F amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .03D, E amended effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .03E amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .04A and C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .06A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08 amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08B amended as an emergency provision effective October 18, 1999 (26:23 Md. R. 1775); amended permanently effective February 7, 2000 (27:2 Md. R. 145)*
- *Administrative History: Regulation .08B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .09 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09C amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09D amended effective October 1, 1990 (17:19 Md. R. 2321); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09-1 adopted as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); adopted permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09-1 amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09-1B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .11 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12A amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Authority: State Government Article, §§9-1604(b), 10-201—10-222; Transportation Article, §§12-104(b), 12-108, 12-201—12-209, 16-117, and 16-205.1; Annotated Code of Maryland*
##### **COMAR 11.11.03.09** Hearing Dispositions. {#sec-11.11.03.09 omnilex-key=us-md-regs-official--title-11--11.11.03.09}
A. This regulation governs the dispositions of a hearing for licensees who refused a test or who submitted to a test that showed an alcohol concentration of 0.08 or more, under Transportation Article, §16-205.1, Annotated Code of Maryland.
B. In this regulation, “offense” means a violation of Transportation Article, §16-205.1, Annotated Code of Maryland.
C. The administrative law judge may modify a suspension or issue a restricted license under Transportation Article, §16-205.1(o), Annotated Code of Maryland, if:
(1) The licensee did not refuse to take a test or did not have a test result indicating an alcohol concentration of 0.15 or more and did not elect to participate in the Ignition Interlock System Program; and
(2) The licensee:
(a) Is required to drive a motor vehicle in the course of employment as evidenced by a letter from the employer on the employer's letterhead, or other reliable documentation;
(b) Is required to drive a motor vehicle in order to attend an alcoholic prevention or treatment program as evidenced by satisfactory documentation from program officials;
(c) Has no alternative means of transportation available to or from the licensee's place of employment and, without the license, the licensee's ability to earn a living would be severely impaired; or
(d) Has no alternative means of transportation available to the licensee or the licensee's immediate family members to obtain health care treatment, including a prescription that is necessary for the licensee or the licensee's immediate family.
D. The administrative law judge may modify a suspension or issue a restricted license under Transportation Article, §16-205.1(p), Annotated Code of Maryland, if the licensee refused to take a test or took a test that indicated an alcohol concentration of 0.15 or more only if the licensee agrees to participate in the Program for 1 year.
E. In determining whether a suspension should be modified, the administrative law judge shall consider the need to promote public safety and shall weigh the following factors:
(1) The licensee's driving history, particularly any alcohol incidents; and
(2) The nature of the offense in question, including, but not limited to, the alcohol concentration level and whether personal injury or property damage occurred.
F. In determining whether to issue a restrictive license, the licensee shall prove that there is a need for a restrictive license by submission of appropriate documentation.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.13 adopted as a emergency provision effective January 1, 1990 (17:1 Md. R. 64) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.13 adopted effective May 28, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .01 amended effective June 8, 1992 (19:11 Md. R. 1016)*
- *Administrative History: Regulation .01A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .01A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .02B amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .02B amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .03 amended effective September 13, 1993 (20:18 Md. R. 1431)*
- *Administrative History: Regulation .03A, E, F amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .03D, E amended effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .03E amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .04A and C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .06A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08 amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08B amended as an emergency provision effective October 18, 1999 (26:23 Md. R. 1775); amended permanently effective February 7, 2000 (27:2 Md. R. 145)*
- *Administrative History: Regulation .08B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .09 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09C amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09D amended effective October 1, 1990 (17:19 Md. R. 2321); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09-1 adopted as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); adopted permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09-1 amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09-1B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .11 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12A amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Authority: State Government Article, §§9-1604(b), 10-201—10-222; Transportation Article, §§12-104(b), 12-108, 12-201—12-209, 16-117, and 16-205.1; Annotated Code of Maryland*
##### **COMAR 11.11.03.09-1** Hearing on Violation of the Ignition Interlock Program. {#sec-11.11.03.09-1 omnilex-key=us-md-regs-official--title-11--11.11.03.09-1}
A. An individual who elects to participate or who is ordered to participate in the Program under Transportation Article, §16-205.1, Annotated Code of Maryland, shall comply with all the requirements of the Program under COMAR 11.11.13.
B. If the licensee becomes a participant, but is removed from the Program for one or more violations as set forth in COMAR 11.11.13.04 and .05, the Administration shall notify the licensee that:
(1) The licensee's driver's license is immediately suspended;
(2) The licensee may request a hearing on the suspension; and
(3) The licensee’s driver’s license suspension will be held in abeyance pending the outcome of the hearing.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.13 adopted as a emergency provision effective January 1, 1990 (17:1 Md. R. 64) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.13 adopted effective May 28, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .01 amended effective June 8, 1992 (19:11 Md. R. 1016)*
- *Administrative History: Regulation .01A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .01A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .02B amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .02B amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .03 amended effective September 13, 1993 (20:18 Md. R. 1431)*
- *Administrative History: Regulation .03A, E, F amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .03D, E amended effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .03E amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .04A and C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .06A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08 amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08B amended as an emergency provision effective October 18, 1999 (26:23 Md. R. 1775); amended permanently effective February 7, 2000 (27:2 Md. R. 145)*
- *Administrative History: Regulation .08B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .09 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09C amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09D amended effective October 1, 1990 (17:19 Md. R. 2321); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09-1 adopted as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); adopted permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09-1 amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09-1B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .11 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12A amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Authority: State Government Article, §§9-1604(b), 10-201—10-222; Transportation Article, §§12-104(b), 12-108, 12-201—12-209, 16-117, and 16-205.1; Annotated Code of Maryland*
##### **COMAR 11.11.03.10** Effective Date of Suspensions. {#sec-11.11.03.10 omnilex-key=us-md-regs-official--title-11--11.11.03.10}
A. If the hearing is not requested in writing within the 10 days, or if the person fails to appear at a requested hearing, the suspension will take effect on the 46th day after the issuance of the order of suspension.
B. If a hearing is conducted, and the administrative law judge decides a suspension is warranted, the suspension shall take effect immediately upon the administrative law judge's decision to suspend the license.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.13 adopted as a emergency provision effective January 1, 1990 (17:1 Md. R. 64) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.13 adopted effective May 28, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .01 amended effective June 8, 1992 (19:11 Md. R. 1016)*
- *Administrative History: Regulation .01A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .01A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .02B amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .02B amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .03 amended effective September 13, 1993 (20:18 Md. R. 1431)*
- *Administrative History: Regulation .03A, E, F amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .03D, E amended effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .03E amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .04A and C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .06A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08 amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08B amended as an emergency provision effective October 18, 1999 (26:23 Md. R. 1775); amended permanently effective February 7, 2000 (27:2 Md. R. 145)*
- *Administrative History: Regulation .08B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .09 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09C amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09D amended effective October 1, 1990 (17:19 Md. R. 2321); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09-1 adopted as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); adopted permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09-1 amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09-1B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .11 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12A amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Authority: State Government Article, §§9-1604(b), 10-201—10-222; Transportation Article, §§12-104(b), 12-108, 12-201—12-209, 16-117, and 16-205.1; Annotated Code of Maryland*
##### **COMAR 11.11.03.11** Term of Suspension. {#sec-11.11.03.11 omnilex-key=us-md-regs-official--title-11--11.11.03.11}
A. Test Refusals.
(1) In the case of a test refusal, the Administration shall suspend the license:
(a) 270 days from a person's first offense; and
(b) 2 years for a person's second or subsequent offense.
(2) Test refusal offenses occurring before and after January 1, 1990, shall be considered in determining the term of suspension to be imposed.
B. Test Results.
(1) In the case of a test result indicating an alcohol concentration of 0.08 or more, but less than 0.15 at the time of testing, the Administration shall suspend the license for 180 days for a person's first or subsequent offense.
(2) For the purpose of this section, a prior offense is any test result on or after:
(a) January 1, 1990, indicating an alcohol concentration of 0.08 or more; or
(b) January 1, 2007, indicating an alcohol concentration of 0.15 or more.
C. Test Results Indicating an Alcohol Concentration of 0.15 or More.
(1) In the case of a test result indicating an alcohol concentration of 0.15 or more, the Administration shall suspend the license:
(a) 180 days for a person's first offense; and
(b) 270 days for a person's second or subsequent offense.
(2) For the purpose of this section, a prior offense is any test result on or after January 1, 2007, indicating an alcohol concentration of 0.15 or more.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.13 adopted as a emergency provision effective January 1, 1990 (17:1 Md. R. 64) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.13 adopted effective May 28, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .01 amended effective June 8, 1992 (19:11 Md. R. 1016)*
- *Administrative History: Regulation .01A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .01A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .02B amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .02B amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .03 amended effective September 13, 1993 (20:18 Md. R. 1431)*
- *Administrative History: Regulation .03A, E, F amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .03D, E amended effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .03E amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .04A and C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .06A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08 amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08B amended as an emergency provision effective October 18, 1999 (26:23 Md. R. 1775); amended permanently effective February 7, 2000 (27:2 Md. R. 145)*
- *Administrative History: Regulation .08B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .09 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09C amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09D amended effective October 1, 1990 (17:19 Md. R. 2321); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09-1 adopted as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); adopted permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09-1 amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09-1B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .11 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12A amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Authority: State Government Article, §§9-1604(b), 10-201—10-222; Transportation Article, §§12-104(b), 12-108, 12-201—12-209, 16-117, and 16-205.1; Annotated Code of Maryland*
##### **COMAR 11.11.03.12** Stay of Enforcement. {#sec-11.11.03.12 omnilex-key=us-md-regs-official--title-11--11.11.03.12}
A. A licensee may request a stay of enforcement of the administrative law judge's decision pending judicial review under Transportation Article, §16-205.1(n), Annotated Code of Maryland. A request for a stay does not extend the time for filing an appeal.
B. A request for a stay shall be submitted to the Director in writing and shall include a:
(1) Photocopy of the order for appeal filed with the circuit court; and
(2) Detailed statement of the reasons a stay is sought.
C. Except as provided in §D of this regulation, a suspension imposed under Transportation Article, §16-205.1, Annotated Code of Maryland, may not be stayed by the Administration pending an appeal.
D. If a person files an appeal and requests in writing a stay of suspension imposed under Transportation Article, §16-205.1, Annotated Code of Maryland, the Director of the Division of Administrative Adjudication of the Administration may stay a suspension if the person:
(1) Has appeared before an administrative law judge to contest the suspension of the person's license;
(2) Has no other alcohol incidents within the past 5 years;
(3) Can demonstrate irreparable injury without the issuance of a stay; and
(4) Can demonstrate that the issuance of a stay is not contrary to public safety.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.13 adopted as a emergency provision effective January 1, 1990 (17:1 Md. R. 64) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.13 adopted effective May 28, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .01 amended effective June 8, 1992 (19:11 Md. R. 1016)*
- *Administrative History: Regulation .01A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .01A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .02B amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .02B amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .03 amended effective September 13, 1993 (20:18 Md. R. 1431)*
- *Administrative History: Regulation .03A, E, F amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .03D, E amended effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .03E amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .04A and C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .06A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08 amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08B amended as an emergency provision effective October 18, 1999 (26:23 Md. R. 1775); amended permanently effective February 7, 2000 (27:2 Md. R. 145)*
- *Administrative History: Regulation .08B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .09 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09C amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09D amended effective October 1, 1990 (17:19 Md. R. 2321); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09-1 adopted as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); adopted permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09-1 amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09-1B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .11 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12A amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Authority: State Government Article, §§9-1604(b), 10-201—10-222; Transportation Article, §§12-104(b), 12-108, 12-201—12-209, 16-117, and 16-205.1; Annotated Code of Maryland*
##### **COMAR 11.11.03.13** When Police Officers May Not Issue Temporary Licenses. {#sec-11.11.03.13 omnilex-key=us-md-regs-official--title-11--11.11.03.13}
A. Pursuant to Transportation Article, §16-205.1(b)(3), Annotated Code of Maryland, a police officer shall, among other duties, serve an order of suspension on the driver, confiscate the driver's license, and issue a temporary license permitting a person to drive if the person refuses to take a test or takes a test which results in an alcohol concentration of 0.08 or more at the time of testing.
B. A police officer may not issue a temporary license to drive if the:
(1) Person's license to drive in Maryland is suspended, revoked, cancelled, refused, or disqualified at the time the order of suspension is served;
(2) License that was confiscated was invalid;
(3) Person was not entitled to driving privileges for any other reason;
(4) Person holds a license issued by another State; or
(5) Person is not in possession of the license and the person refuses to sign a certification stating that:
(a) The license is not in the person's possession, and
(b) Upon repossession the person will immediately surrender it to the Administration.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.13 adopted as a emergency provision effective January 1, 1990 (17:1 Md. R. 64) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.13 adopted effective May 28, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .01 amended effective June 8, 1992 (19:11 Md. R. 1016)*
- *Administrative History: Regulation .01A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .01A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .02B amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .02B amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .03 amended effective September 13, 1993 (20:18 Md. R. 1431)*
- *Administrative History: Regulation .03A, E, F amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .03D, E amended effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .03E amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .04A and C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .06A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08 amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .08B amended as an emergency provision effective October 18, 1999 (26:23 Md. R. 1775); amended permanently effective February 7, 2000 (27:2 Md. R. 145)*
- *Administrative History: Regulation .08B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .09 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09C amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09D amended effective October 1, 1990 (17:19 Md. R. 2321); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .09-1 adopted as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); adopted permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .09-1 amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09-1B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .11 amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12A amended effective October 1, 1990 (17:19 Md. R. 2321); April 22, 1996 (23:8 Md. R. 606); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .12C amended, and D adopted effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended effective October 1, 1990 (17:19 Md. R. 2321)*
- *Administrative History: Regulation .13A amended as an emergency provision effective March 9, 2007 (34:7 Md. R. 694); amended permanently effective April 9, 2007 (34:7 Md. R. 699)*
- *Authority: State Government Article, §§9-1604(b), 10-201—10-222; Transportation Article, §§12-104(b), 12-108, 12-201—12-209, 16-117, and 16-205.1; Annotated Code of Maryland*
## **11.11.04** Interpreters for the Deaf and Hard of Hearing
##### **COMAR 11.11.04.01** Scope and Application. {#sec-11.11.04.01 omnilex-key=us-md-regs-official--title-11--11.11.04.01}
These regulations are intended to clarify the Administration's policy regarding the furnishing and use of an interpreter pursuant to the Americans with Disabilities Act, 42 U.S.C. §12101.
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .01 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .02B amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .03 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .04 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .05 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .06 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .07 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
##### **COMAR 11.11.04.02** Definitions. {#sec-11.11.04.02 omnilex-key=us-md-regs-official--title-11--11.11.04.02}
A. The following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Deaf and hard of hearing” means an individual who has partial or complete loss of hearing and cannot readily understand or communicate the spoken English language.
(3) “Interpreter” means an individual qualified for manual communication or oral interpretation to assist the deaf and hard of hearing.
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .01 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .02B amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .03 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .04 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .05 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .06 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .07 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
##### **COMAR 11.11.04.03** Application. {#sec-11.11.04.03 omnilex-key=us-md-regs-official--title-11--11.11.04.03}
Subject to the provisions of Regulation .05 of this chapter, the Administration shall furnish an interpreter to assist each deaf and hard of hearing individual for the following:
A. Medical Advisory Board interviews;
B. Driver licensing knowledge tests; and
C. Driver skills tests.
**Cross References**
11.11.04.04
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .01 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .02B amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .03 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .04 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .05 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .06 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .07 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
##### **COMAR 11.11.04.04** Notification. {#sec-11.11.04.04 omnilex-key=us-md-regs-official--title-11--11.11.04.04}
The Administration shall notify each deaf and hard of hearing individual appearing for an action, described in Regulation .03 of this chapter, that the:
A. Individual is entitled to an interpreter; and
B. Fee charged by the interpreter will be paid by the Administration.
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .01 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .02B amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .03 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .04 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .05 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .06 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .07 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
##### **COMAR 11.11.04.05** Notice. {#sec-11.11.04.05 omnilex-key=us-md-regs-official--title-11--11.11.04.05}
A. An individual entitled to the services of an interpreter shall notify the Administration of this need at least 5 working days before the interview or test so that the Administration may make the necessary arrangements.
B. The Administration shall select a qualified interpreter to assist the individual entitled to the services of an interpreter.
**Cross References**
11.11.04.03
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .01 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .02B amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .03 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .04 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .05 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .06 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .07 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
##### **COMAR 11.11.04.06** Qualified Interpreter. {#sec-11.11.04.06 omnilex-key=us-md-regs-official--title-11--11.11.04.06}
To identify a qualified interpreter, the Administration may use a directory of interpreters which is maintained by the courts of this State or select from an agency approved by the Administration to assist the deaf and hard of hearing.
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .01 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .02B amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .03 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .04 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .05 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .06 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .07 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
##### **COMAR 11.11.04.07** Exceptions. {#sec-11.11.04.07 omnilex-key=us-md-regs-official--title-11--11.11.04.07}
A. If an individual does not provide the Administration the notice required by Regulation .05 and the individual, at no fee to the Administration, provides an interpreter of the individual's choice, the Administration may allow the interpreter to assist the individual subject to the Administration's right to monitor the accuracy of the communication.
B. If the Administration schedules the services of an interpreter and the deaf or hard of hearing individual fails to notify the Administration at least 2 hours before the appointment to cancel the interpreter, the Administration may seek reimbursement for the cost of the interpreter.
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .01 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .02B amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .03 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .04 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .05 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .06 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Administrative History: Regulation .07 amended effective December 7, 2006 (33:24 Md. R. 1906)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
## **11.11.05** Motor Vehicle Fees
##### **COMAR 11.11.05.01** Fees. {#sec-11.11.05.01 omnilex-key=us-md-regs-official--title-11--11.11.05.01}
The Motor Vehicle Administration shall assess the fees listed in Regulations .02—.06 of this chapter.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.08 adopted as an emergency provision effective July 15, 1991 (18:15 Md. R. 1721)*
- *Administrative History: Regulations .01—.07 adopted permanently effective January 1, 1992 (18:25 Md. R. 2751)*
- *Administrative History: Regulations .01—.06 amended and Regulation .08 adopted as an emergency provision effective July 1, 1992 (19:15 Md. R. 1384)*
- *Administrative History: Regulations .01—.06 amended effective December 7, 1992 (19:24 Md. R. 2127)*
- *Administrative History: Regulation .02 amended as an emergency provision effective January 11, 2008 (35:3 Md. R. 286); amended permanently effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .02 amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); amended permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Administrative History: Regulation .02 amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .02A, B amended as an emergency provision effective August 1, 1993 (20:14 Md. R. 1167); amended permanently effective January 1, 1994 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .02A, B amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .02A—D amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Administrative History: Regulation .02B amended effective February 1, 2016 (42:26 Md. R. 1595)*
- *Administrative History: Regulation .02C, D amended effective August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .02E, F, and I amended effective July 26, 1999 (26:15 Md. R. 1157)*
- *Administrative History: Regulation .03 amended effective July 26, 1999 (26:15 Md. R. 1157); September 1, 2001 (28:16 Md. R. 1483); October 1, 2001 (28:19 Md. R. 1686); April 26, 2004 (31:8 Md. R. 647); November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .03 amended effective August 19, 2024 (51:16 Md. R. 743); September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .03D amended effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .03E amended effective April 19, 2010 (37:8 Md. R. 617),*
- *Administrative History: Regulation .03G amended effective February 21, 2011 (38:4 Md. R. 264); October 3, 2011 (38:20 Md. R. 1203)*
- *Administrative History: Regulation .03H amended effective September 16, 2013 (40:18 Md. R. 1479); February 1, 2016 (42:26 Md. R. 1595); June 26, 2017 (44:11 Md. R. 525); October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .04 amended effective July 1, 2001 (28:8 Md. R. 762); September 1, 2001 (28:16 Md. R. 1483); October 1, 2001 (28:19 Md. R. 1686); December 10, 2001 (28:24 Md. R. 2130); December 9, 2004 (31:24 Md. R. 1727); August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .04A amended effective January 1, 1994 (20:25 Md. R. 1948); May 10, 2004 (31:9 Md. R. 713); October 1, 2009 (36:19 Md. R. 1437); January 1, 2014 (40:25 Md. R. 2069)*
- *Administrative History: Regulation .04B amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .04C amended effective January 1, 1994 (20:25 Md. R. 1948); September 22, 1997 (24:19 Md. R. 1341); January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .04D amended effective October 2, 2000 (27:19 Md. R. 1726)*
- *Administrative History: Regulation .04H amended effective October 18, 1999 (26:21 Md. R. 1630); April 29, 2002 (29:8 Md. R. 700)*
- *Administrative History: Regulation .04I amended as an emergency provision effective June 20, 2005 (32:14 Md. R. 1274); amended permanently effective September 12, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .04K amended effective July 26, 1999 (26:15 Md. R. 1157); October 2, 2000 (27:19 Md. R. 1726); October 29, 2001 (28:21 Md. R. 1857): November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .04K repealed effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .04K adopted effective July 1, 2020 (47:13 Md. R. 641)*
- *Administrative History: Regulation .04L adopted effective October 31, 2022 (49:22 Md. R. 979)*
- *Administrative History: Regulation .04M adopted as an emergency provision effective July 11, 2023 (50:15 Md. R. 680); amended permanently effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05 amended effective July 26, 1999 (26:15 Md. R. 1157); September 1, 2001 (28:16 Md. R. 1483); March 1, 2008 (35:4 Md. R. 515); February 1, 2016 (42:26 Md. R. 1595); August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .05U repealed effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .06 amended effective October 2, 2000 (27:19 Md. R. 1726); December 9, 2004 (31:24 Md. R. 1727); December 20, 2004 (31:25 Md. R. 1791); October 15, 2012 (39:20 Md. R. 1307); August 19, 2024 (51:16 Md. R. 743); September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .06E repealed effective August 18, 2014 (41:16 Md. R. 946)*
- *Administrative History: Regulation .06E adopted effective February 1, 2016 (42:26 Md. R. 1595)*
- *Administrative History: Regulation .06E amended effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .06L amended effective January 9, 2000 (26:27 Md. R. 2016); August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .06M amended effective July 26, 1999 (26:15 Md. R. 1157); March 20, 2000 (27:5 Md. R. 585); August 29, 2005 (32:17 Md. R. 1439)*
- *Administrative History: Regulation .06M, P amended as an emergency provision effective September 1, 2004 (31:19 Md. R. 1429); amended permanently effective November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .06T adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland, and as cited in Regulations .02—.06 of this chapter*
##### **COMAR 11.11.05.02** Vehicle Titling Fees. {#sec-11.11.05.02 omnilex-key=us-md-regs-official--title-11--11.11.05.02}
| Service | Section | Fee |
| --- | --- | --- |
| A. Title certificate—duplicate | 13-805 | $40 |
| B. Title certificate—corrected | 13-118 | 80 |
| C. Salvage certificate | 13-506 and 13-507 | 40 |
| D. Salvage certificate—duplicate | 13-506 and 13-507 | 40 |
| E. Inspection fee. Paid by an owner of a vehicle for which a salvage certificate has been issued who is applying for a certificate of title for the vehicle | 13-507 | 75 |
| F. Security interest filing | 13-202 | 40 |
| G. Security interest filing—duplicate | 13-953 | 40 |
| H. Title Transfer—additional service fee | 13-112 | 25 |
**Cross References**
11.11.05.01
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.08 adopted as an emergency provision effective July 15, 1991 (18:15 Md. R. 1721)*
- *Administrative History: Regulations .01—.07 adopted permanently effective January 1, 1992 (18:25 Md. R. 2751)*
- *Administrative History: Regulations .01—.06 amended and Regulation .08 adopted as an emergency provision effective July 1, 1992 (19:15 Md. R. 1384)*
- *Administrative History: Regulations .01—.06 amended effective December 7, 1992 (19:24 Md. R. 2127)*
- *Administrative History: Regulation .02 amended as an emergency provision effective January 11, 2008 (35:3 Md. R. 286); amended permanently effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .02 amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); amended permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Administrative History: Regulation .02 amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .02A, B amended as an emergency provision effective August 1, 1993 (20:14 Md. R. 1167); amended permanently effective January 1, 1994 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .02A, B amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .02A—D amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Administrative History: Regulation .02B amended effective February 1, 2016 (42:26 Md. R. 1595)*
- *Administrative History: Regulation .02C, D amended effective August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .02E, F, and I amended effective July 26, 1999 (26:15 Md. R. 1157)*
- *Administrative History: Regulation .03 amended effective July 26, 1999 (26:15 Md. R. 1157); September 1, 2001 (28:16 Md. R. 1483); October 1, 2001 (28:19 Md. R. 1686); April 26, 2004 (31:8 Md. R. 647); November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .03 amended effective August 19, 2024 (51:16 Md. R. 743); September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .03D amended effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .03E amended effective April 19, 2010 (37:8 Md. R. 617),*
- *Administrative History: Regulation .03G amended effective February 21, 2011 (38:4 Md. R. 264); October 3, 2011 (38:20 Md. R. 1203)*
- *Administrative History: Regulation .03H amended effective September 16, 2013 (40:18 Md. R. 1479); February 1, 2016 (42:26 Md. R. 1595); June 26, 2017 (44:11 Md. R. 525); October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .04 amended effective July 1, 2001 (28:8 Md. R. 762); September 1, 2001 (28:16 Md. R. 1483); October 1, 2001 (28:19 Md. R. 1686); December 10, 2001 (28:24 Md. R. 2130); December 9, 2004 (31:24 Md. R. 1727); August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .04A amended effective January 1, 1994 (20:25 Md. R. 1948); May 10, 2004 (31:9 Md. R. 713); October 1, 2009 (36:19 Md. R. 1437); January 1, 2014 (40:25 Md. R. 2069)*
- *Administrative History: Regulation .04B amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .04C amended effective January 1, 1994 (20:25 Md. R. 1948); September 22, 1997 (24:19 Md. R. 1341); January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .04D amended effective October 2, 2000 (27:19 Md. R. 1726)*
- *Administrative History: Regulation .04H amended effective October 18, 1999 (26:21 Md. R. 1630); April 29, 2002 (29:8 Md. R. 700)*
- *Administrative History: Regulation .04I amended as an emergency provision effective June 20, 2005 (32:14 Md. R. 1274); amended permanently effective September 12, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .04K amended effective July 26, 1999 (26:15 Md. R. 1157); October 2, 2000 (27:19 Md. R. 1726); October 29, 2001 (28:21 Md. R. 1857): November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .04K repealed effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .04K adopted effective July 1, 2020 (47:13 Md. R. 641)*
- *Administrative History: Regulation .04L adopted effective October 31, 2022 (49:22 Md. R. 979)*
- *Administrative History: Regulation .04M adopted as an emergency provision effective July 11, 2023 (50:15 Md. R. 680); amended permanently effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05 amended effective July 26, 1999 (26:15 Md. R. 1157); September 1, 2001 (28:16 Md. R. 1483); March 1, 2008 (35:4 Md. R. 515); February 1, 2016 (42:26 Md. R. 1595); August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .05U repealed effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .06 amended effective October 2, 2000 (27:19 Md. R. 1726); December 9, 2004 (31:24 Md. R. 1727); December 20, 2004 (31:25 Md. R. 1791); October 15, 2012 (39:20 Md. R. 1307); August 19, 2024 (51:16 Md. R. 743); September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .06E repealed effective August 18, 2014 (41:16 Md. R. 946)*
- *Administrative History: Regulation .06E adopted effective February 1, 2016 (42:26 Md. R. 1595)*
- *Administrative History: Regulation .06E amended effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .06L amended effective January 9, 2000 (26:27 Md. R. 2016); August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .06M amended effective July 26, 1999 (26:15 Md. R. 1157); March 20, 2000 (27:5 Md. R. 585); August 29, 2005 (32:17 Md. R. 1439)*
- *Administrative History: Regulation .06M, P amended as an emergency provision effective September 1, 2004 (31:19 Md. R. 1429); amended permanently effective November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .06T adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland, and as cited in Regulations .02—.06 of this chapter*
##### **COMAR 11.11.05.03** Driver's License and Identification Card Fees. {#sec-11.11.05.03 omnilex-key=us-md-regs-official--title-11--11.11.05.03}
| Service | Section | Fee |
| --- | --- | --- |
| A. Learner's Instructional Permit (Type 1Initial Noncommercial License). This fee includes issuance of an initial driver's license if the applicant meets all requirements before permit expiration, and includes the $5 fee for the conversion of provisional license to driver's license. | 16-111.1, 16-111.2, and 16-122 | $65 |
| B. Learner's Instructional Permit (Type 2Subsequent Noncommercial License). This fee applies to learner's permits issued for purposes other than that of the initial license, and includes issuance of the license if the applicant meets all requirements before permit expiration. | 16-111.1, 16-111.2, and 16-122 | 45 |
| C. Noncommercial Driver's License: | | |
| (1) New issuance | 16-111.1 and 16-122 | 11 per year |
| (2) Duplicate or corrected | 16-111.1 and 16-122 | 30 |
| (3) Renewal | 16-111.1 and 16-122 | 8 per year |
| D. Moped Operator's License: | | |
| (1) New issuance | 16-104.2 and 16-122 | 30 |
| (2) Duplicate or corrected | 16-104.2 and 16-122 | 30 |
| (3) Renewal | 16-104.2 and 16-122 | 25 |
| E. Commercial Driver's License: | | |
| (1) Instructional Permit. Includes issuance of license if issued before permit expiration. | 16-818 | 66 |
| (2) New Issuance. If a learner's instructional permit is not required. | 16-818 | 8 per year |
| (3) Skills test | 16-818 | 40 |
| (4) Skills retest | 16-818 | 20 |
| (5) Renewal or conversion | 16-818 | 8 per year |
| (6) Duplicate or corrected | 16-818 | 30 |
| F. Driver's license or privilege to drive—application for reinstatement: | | |
| (1) Not drug or alcohol related | 16-209 | 90 |
| (2) Drug or alcohol related | 16-209 | 150 |
| G. Ignition Interlock Participation Fee. | 16-404.1 | 47 |
| H. Identification Card: | | |
| (1) New issuance or renewal | 12-301 and 16-122 | 5 per year |
| (2) Duplicate or corrected | 12-301 and 16-122 | 30 |
| (3) Issued to an incarcerated individual within 60 days of release from the Department of Public Safety and Correctional Services or Federal Bureau of Prisons. | 12-301 | 1 |
| (4) New or corrected issued to youths approved by the Department of Juvenile Services. | 12-301 | 1 |
| (5) New or corrected issued to youths 15 to 20 years of age approved by the Department of Human Services for participation in certain programs. | 12-301 | 1 |
| (6) New or corrected issued to a homeless individual presenting documentation in accordance with COMAR 11.17.21.05A(5). | 12-301 | 1 |
| I. The fee for a driver's license or identification card issued for a period of time other than 5 years may be prorated on a 1-year basis. | | |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.08 adopted as an emergency provision effective July 15, 1991 (18:15 Md. R. 1721)*
- *Administrative History: Regulations .01—.07 adopted permanently effective January 1, 1992 (18:25 Md. R. 2751)*
- *Administrative History: Regulations .01—.06 amended and Regulation .08 adopted as an emergency provision effective July 1, 1992 (19:15 Md. R. 1384)*
- *Administrative History: Regulations .01—.06 amended effective December 7, 1992 (19:24 Md. R. 2127)*
- *Administrative History: Regulation .02 amended as an emergency provision effective January 11, 2008 (35:3 Md. R. 286); amended permanently effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .02 amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); amended permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Administrative History: Regulation .02 amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .02A, B amended as an emergency provision effective August 1, 1993 (20:14 Md. R. 1167); amended permanently effective January 1, 1994 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .02A, B amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .02A—D amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Administrative History: Regulation .02B amended effective February 1, 2016 (42:26 Md. R. 1595)*
- *Administrative History: Regulation .02C, D amended effective August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .02E, F, and I amended effective July 26, 1999 (26:15 Md. R. 1157)*
- *Administrative History: Regulation .03 amended effective July 26, 1999 (26:15 Md. R. 1157); September 1, 2001 (28:16 Md. R. 1483); October 1, 2001 (28:19 Md. R. 1686); April 26, 2004 (31:8 Md. R. 647); November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .03 amended effective August 19, 2024 (51:16 Md. R. 743); September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .03D amended effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .03E amended effective April 19, 2010 (37:8 Md. R. 617),*
- *Administrative History: Regulation .03G amended effective February 21, 2011 (38:4 Md. R. 264); October 3, 2011 (38:20 Md. R. 1203)*
- *Administrative History: Regulation .03H amended effective September 16, 2013 (40:18 Md. R. 1479); February 1, 2016 (42:26 Md. R. 1595); June 26, 2017 (44:11 Md. R. 525); October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .04 amended effective July 1, 2001 (28:8 Md. R. 762); September 1, 2001 (28:16 Md. R. 1483); October 1, 2001 (28:19 Md. R. 1686); December 10, 2001 (28:24 Md. R. 2130); December 9, 2004 (31:24 Md. R. 1727); August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .04A amended effective January 1, 1994 (20:25 Md. R. 1948); May 10, 2004 (31:9 Md. R. 713); October 1, 2009 (36:19 Md. R. 1437); January 1, 2014 (40:25 Md. R. 2069)*
- *Administrative History: Regulation .04B amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .04C amended effective January 1, 1994 (20:25 Md. R. 1948); September 22, 1997 (24:19 Md. R. 1341); January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .04D amended effective October 2, 2000 (27:19 Md. R. 1726)*
- *Administrative History: Regulation .04H amended effective October 18, 1999 (26:21 Md. R. 1630); April 29, 2002 (29:8 Md. R. 700)*
- *Administrative History: Regulation .04I amended as an emergency provision effective June 20, 2005 (32:14 Md. R. 1274); amended permanently effective September 12, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .04K amended effective July 26, 1999 (26:15 Md. R. 1157); October 2, 2000 (27:19 Md. R. 1726); October 29, 2001 (28:21 Md. R. 1857): November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .04K repealed effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .04K adopted effective July 1, 2020 (47:13 Md. R. 641)*
- *Administrative History: Regulation .04L adopted effective October 31, 2022 (49:22 Md. R. 979)*
- *Administrative History: Regulation .04M adopted as an emergency provision effective July 11, 2023 (50:15 Md. R. 680); amended permanently effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05 amended effective July 26, 1999 (26:15 Md. R. 1157); September 1, 2001 (28:16 Md. R. 1483); March 1, 2008 (35:4 Md. R. 515); February 1, 2016 (42:26 Md. R. 1595); August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .05U repealed effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .06 amended effective October 2, 2000 (27:19 Md. R. 1726); December 9, 2004 (31:24 Md. R. 1727); December 20, 2004 (31:25 Md. R. 1791); October 15, 2012 (39:20 Md. R. 1307); August 19, 2024 (51:16 Md. R. 743); September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .06E repealed effective August 18, 2014 (41:16 Md. R. 946)*
- *Administrative History: Regulation .06E adopted effective February 1, 2016 (42:26 Md. R. 1595)*
- *Administrative History: Regulation .06E amended effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .06L amended effective January 9, 2000 (26:27 Md. R. 2016); August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .06M amended effective July 26, 1999 (26:15 Md. R. 1157); March 20, 2000 (27:5 Md. R. 585); August 29, 2005 (32:17 Md. R. 1439)*
- *Administrative History: Regulation .06M, P amended as an emergency provision effective September 1, 2004 (31:19 Md. R. 1429); amended permanently effective November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .06T adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland, and as cited in Regulations .02—.06 of this chapter*
##### **COMAR 11.11.05.04** Vehicle Registration Fees. {#sec-11.11.05.04 omnilex-key=us-md-regs-official--title-11--11.11.05.04}
| Service | Section | Fee |
| --- | --- | --- |
| A. Special Registration Fees. | | |
| (1) Special registration plates without emblem or logo. Fee paid on issuance of new or replacement plates. | 13-619 and 13-952(b) | 20 |
| (2) Special registration plates with emblem or logo. Fee paid on issuance of new or replacement plates. | 13-619, 13-619.1, and 13-952(b) | 30 |
| (3) Chesapeake Bay registration plates. | | |
| (a) Fee paid on issuance of new plates. | 13-618 | 25 |
| (b) Annual fee in addition to the annual registration fee required. | 13-618 | 12.50 |
| (4) Special registration plates honoring State Agriculture. | | |
| (a) Fee paid on issuance of new plates. | 13-619.2 | 25 |
| (b) Annual fee in addition to the annual registration fee required. | 13-619.2 | 12.50 |
| (5) Vintage Registration Plates. | | |
| (a) Fee paid on issuance of new plates. | 13-619.3 | 80 |
| (b) Annual fee in addition to the annual registration fee required. | 13-619.3 | 10 |
| B. Replacement of registration plates, validation tabs, and registration card. | 13-952 | 40 |
| C. Replacement of registration card of unaffixed validation tabs, or both. | 13-950 and 13-951 | 5 |
| D. Issuance of duplicate or additional registration card. | 13-950 | 5 |
| E. Transfer of registration plates. | 13-502.1 | 15 |
| F. Penalty fee—registration flag or suspension removal. | 13-406.1, 26-305, and 27-110 | 30 |
| G. Unused Registration Plates. This fee applies to the processing of a registration refund. | 13-938 | 0 |
| H. Interchangeable Registrations. | | |
| (1) New and used vehicle dealer (class 1A plates) | 13-940 | 50 |
| (2) Motorcycle dealer (class 1B) plates | 13-941 | 25 |
| (3) Trailer dealer (class 1C) plates | 13-942 | 32.50 |
| (4) Automotive dismantler, recycler, and scrap processor (class 2) plates | 13-943 | 62.50 |
| (5) Financial institution (class 3) plates | 13-944 | 50 |
| (6) Special mobile equipment (class 4) plates | 13-945 | 62.50 |
| (7) Transporter (class 5) plates | 13-946 | 62.50 |
| I. Temporary Registrations. | | |
| (1) Temporary registration | 13-405 | 50 |
| (2) Dealer 60-day temporary plate | 13-601 | 50 |
| (3) Nonresident permit for vehicles not subject to registration | 13-402.1 | 27 |
| (4) Nonresident farm vehicle temporary registration plate: | 13-935 | |
| (a) 30-day temporary plate | | 20 |
| (b) 60-day temporary plate | | 40 |
| (c) 90-day temporary plate | | 60 |
| J. International Registration Plan (IRP) Fees. | | |
| (1) New cab card (IRP) | 12-406 | 5 |
| (2) Duplicate cab card (IRP) | 12-406 | 5 |
| (3) Registration transfer (IRP) | 12-406 | 5 |
| (4) Temporary IRP authorization certificate | 12-406 | 2 |
| (5) Hunter's permit (IRP) | 12-406 | 10 |
| (6) Trip permit | 12-406 | 15 |
| (7) Nontitled in Maryland IRP registration fee | 12-406 | 12 |
| K. Temporary In-Transit Registration. | 13-405.1 | 20 |
| L. Electronic or Digital 24-Hour Registration. | 13-405.2 | 20 |
| M. High Occupancy Vehicle (HOV) sticker | 25 — 108 | 5 |
**Cross References**
11.15.11.02A(2)
11.15.11.02B(4)
11.15.15.02B(1)
11.15.15.02B(2)
11.15.16.01D
11.15.30.02A
11.15.30.02B
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.08 adopted as an emergency provision effective July 15, 1991 (18:15 Md. R. 1721)*
- *Administrative History: Regulations .01—.07 adopted permanently effective January 1, 1992 (18:25 Md. R. 2751)*
- *Administrative History: Regulations .01—.06 amended and Regulation .08 adopted as an emergency provision effective July 1, 1992 (19:15 Md. R. 1384)*
- *Administrative History: Regulations .01—.06 amended effective December 7, 1992 (19:24 Md. R. 2127)*
- *Administrative History: Regulation .02 amended as an emergency provision effective January 11, 2008 (35:3 Md. R. 286); amended permanently effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .02 amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); amended permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Administrative History: Regulation .02 amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .02A, B amended as an emergency provision effective August 1, 1993 (20:14 Md. R. 1167); amended permanently effective January 1, 1994 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .02A, B amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .02A—D amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Administrative History: Regulation .02B amended effective February 1, 2016 (42:26 Md. R. 1595)*
- *Administrative History: Regulation .02C, D amended effective August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .02E, F, and I amended effective July 26, 1999 (26:15 Md. R. 1157)*
- *Administrative History: Regulation .03 amended effective July 26, 1999 (26:15 Md. R. 1157); September 1, 2001 (28:16 Md. R. 1483); October 1, 2001 (28:19 Md. R. 1686); April 26, 2004 (31:8 Md. R. 647); November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .03 amended effective August 19, 2024 (51:16 Md. R. 743); September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .03D amended effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .03E amended effective April 19, 2010 (37:8 Md. R. 617),*
- *Administrative History: Regulation .03G amended effective February 21, 2011 (38:4 Md. R. 264); October 3, 2011 (38:20 Md. R. 1203)*
- *Administrative History: Regulation .03H amended effective September 16, 2013 (40:18 Md. R. 1479); February 1, 2016 (42:26 Md. R. 1595); June 26, 2017 (44:11 Md. R. 525); October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .04 amended effective July 1, 2001 (28:8 Md. R. 762); September 1, 2001 (28:16 Md. R. 1483); October 1, 2001 (28:19 Md. R. 1686); December 10, 2001 (28:24 Md. R. 2130); December 9, 2004 (31:24 Md. R. 1727); August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .04A amended effective January 1, 1994 (20:25 Md. R. 1948); May 10, 2004 (31:9 Md. R. 713); October 1, 2009 (36:19 Md. R. 1437); January 1, 2014 (40:25 Md. R. 2069)*
- *Administrative History: Regulation .04B amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .04C amended effective January 1, 1994 (20:25 Md. R. 1948); September 22, 1997 (24:19 Md. R. 1341); January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .04D amended effective October 2, 2000 (27:19 Md. R. 1726)*
- *Administrative History: Regulation .04H amended effective October 18, 1999 (26:21 Md. R. 1630); April 29, 2002 (29:8 Md. R. 700)*
- *Administrative History: Regulation .04I amended as an emergency provision effective June 20, 2005 (32:14 Md. R. 1274); amended permanently effective September 12, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .04K amended effective July 26, 1999 (26:15 Md. R. 1157); October 2, 2000 (27:19 Md. R. 1726); October 29, 2001 (28:21 Md. R. 1857): November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .04K repealed effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .04K adopted effective July 1, 2020 (47:13 Md. R. 641)*
- *Administrative History: Regulation .04L adopted effective October 31, 2022 (49:22 Md. R. 979)*
- *Administrative History: Regulation .04M adopted as an emergency provision effective July 11, 2023 (50:15 Md. R. 680); amended permanently effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05 amended effective July 26, 1999 (26:15 Md. R. 1157); September 1, 2001 (28:16 Md. R. 1483); March 1, 2008 (35:4 Md. R. 515); February 1, 2016 (42:26 Md. R. 1595); August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .05U repealed effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .06 amended effective October 2, 2000 (27:19 Md. R. 1726); December 9, 2004 (31:24 Md. R. 1727); December 20, 2004 (31:25 Md. R. 1791); October 15, 2012 (39:20 Md. R. 1307); August 19, 2024 (51:16 Md. R. 743); September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .06E repealed effective August 18, 2014 (41:16 Md. R. 946)*
- *Administrative History: Regulation .06E adopted effective February 1, 2016 (42:26 Md. R. 1595)*
- *Administrative History: Regulation .06E amended effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .06L amended effective January 9, 2000 (26:27 Md. R. 2016); August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .06M amended effective July 26, 1999 (26:15 Md. R. 1157); March 20, 2000 (27:5 Md. R. 585); August 29, 2005 (32:17 Md. R. 1439)*
- *Administrative History: Regulation .06M, P amended as an emergency provision effective September 1, 2004 (31:19 Md. R. 1429); amended permanently effective November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .06T adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland, and as cited in Regulations .02—.06 of this chapter*
##### **COMAR 11.11.05.05** Regulatory Business License Fees. {#sec-11.11.05.05 omnilex-key=us-md-regs-official--title-11--11.11.05.05}
| Service | Section | Fee |
| --- | --- | --- |
| A. New car dealer. | 15-307 | $300 |
| B. Used car dealer. | 15-307 | 300 |
| C. Motorcycle dealer. | 15-307 | 200 |
| D. Trailer dealer. | 15-307 | 200 |
| E. Trailer dealer—trailers less than 15 feet in length or boat trailers. | 15-307 | 100 |
| F. Automotive dismantler and recycler. | 15-505 | 250 |
| G. Scrap processor. | 15-505 | 250 |
| H. Factory branch. | 15-204 | 1,000 |
| I. Manufacturer or distributor fee based on number of vehicles transferred to dealers during previous license year, as follows: | 15-204 | |
| (1) 1—50 vehicles | | 100 |
| (2) 51—500 | | 300 |
| (3) 501—10,000 | | 500 |
| (4) Over 10,000 vehicles | | 1,000 |
| J. Wholesale dealer. | 15-307 | 350 |
| K. Vehicle salesperson. | 15-406 | 75 |
| L. Title service agent. | 15-603 | 75 |
| M. Drivers' school license application fee. | 15-703 | 200 |
| N. Drivers' school or branch license (includes 2-year renewal). | 15-704 | 150 |
| O. Driving instructor's license (2-year renewal). | 15-805 | 150 |
| P. Apprentice instructor's permit. | 15-805 | 25 |
| Q. Conversion of an apprentice instructor's permit to an instructor's license. | 15-805 | 25 |
| R. Duplicate/corrected license issued under Title 15. | 15-107 | 20 |
| S. Vehicle inspection station license fees as follows: | 23-103 | |
| (1) Initial issuance of license | | 100 |
| (2) Renewal | | 50 |
| T. Application Fee: | | |
| (1) Point system conferences | 16-212 | 300 |
| (2) Driver improvement programs | 16-212 | 300 |
| (3) 3-hour alcohol and drug education programs | 16-212 | 200 |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.08 adopted as an emergency provision effective July 15, 1991 (18:15 Md. R. 1721)*
- *Administrative History: Regulations .01—.07 adopted permanently effective January 1, 1992 (18:25 Md. R. 2751)*
- *Administrative History: Regulations .01—.06 amended and Regulation .08 adopted as an emergency provision effective July 1, 1992 (19:15 Md. R. 1384)*
- *Administrative History: Regulations .01—.06 amended effective December 7, 1992 (19:24 Md. R. 2127)*
- *Administrative History: Regulation .02 amended as an emergency provision effective January 11, 2008 (35:3 Md. R. 286); amended permanently effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .02 amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); amended permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Administrative History: Regulation .02 amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .02A, B amended as an emergency provision effective August 1, 1993 (20:14 Md. R. 1167); amended permanently effective January 1, 1994 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .02A, B amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .02A—D amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Administrative History: Regulation .02B amended effective February 1, 2016 (42:26 Md. R. 1595)*
- *Administrative History: Regulation .02C, D amended effective August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .02E, F, and I amended effective July 26, 1999 (26:15 Md. R. 1157)*
- *Administrative History: Regulation .03 amended effective July 26, 1999 (26:15 Md. R. 1157); September 1, 2001 (28:16 Md. R. 1483); October 1, 2001 (28:19 Md. R. 1686); April 26, 2004 (31:8 Md. R. 647); November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .03 amended effective August 19, 2024 (51:16 Md. R. 743); September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .03D amended effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .03E amended effective April 19, 2010 (37:8 Md. R. 617),*
- *Administrative History: Regulation .03G amended effective February 21, 2011 (38:4 Md. R. 264); October 3, 2011 (38:20 Md. R. 1203)*
- *Administrative History: Regulation .03H amended effective September 16, 2013 (40:18 Md. R. 1479); February 1, 2016 (42:26 Md. R. 1595); June 26, 2017 (44:11 Md. R. 525); October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .04 amended effective July 1, 2001 (28:8 Md. R. 762); September 1, 2001 (28:16 Md. R. 1483); October 1, 2001 (28:19 Md. R. 1686); December 10, 2001 (28:24 Md. R. 2130); December 9, 2004 (31:24 Md. R. 1727); August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .04A amended effective January 1, 1994 (20:25 Md. R. 1948); May 10, 2004 (31:9 Md. R. 713); October 1, 2009 (36:19 Md. R. 1437); January 1, 2014 (40:25 Md. R. 2069)*
- *Administrative History: Regulation .04B amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .04C amended effective January 1, 1994 (20:25 Md. R. 1948); September 22, 1997 (24:19 Md. R. 1341); January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .04D amended effective October 2, 2000 (27:19 Md. R. 1726)*
- *Administrative History: Regulation .04H amended effective October 18, 1999 (26:21 Md. R. 1630); April 29, 2002 (29:8 Md. R. 700)*
- *Administrative History: Regulation .04I amended as an emergency provision effective June 20, 2005 (32:14 Md. R. 1274); amended permanently effective September 12, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .04K amended effective July 26, 1999 (26:15 Md. R. 1157); October 2, 2000 (27:19 Md. R. 1726); October 29, 2001 (28:21 Md. R. 1857): November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .04K repealed effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .04K adopted effective July 1, 2020 (47:13 Md. R. 641)*
- *Administrative History: Regulation .04L adopted effective October 31, 2022 (49:22 Md. R. 979)*
- *Administrative History: Regulation .04M adopted as an emergency provision effective July 11, 2023 (50:15 Md. R. 680); amended permanently effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05 amended effective July 26, 1999 (26:15 Md. R. 1157); September 1, 2001 (28:16 Md. R. 1483); March 1, 2008 (35:4 Md. R. 515); February 1, 2016 (42:26 Md. R. 1595); August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .05U repealed effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .06 amended effective October 2, 2000 (27:19 Md. R. 1726); December 9, 2004 (31:24 Md. R. 1727); December 20, 2004 (31:25 Md. R. 1791); October 15, 2012 (39:20 Md. R. 1307); August 19, 2024 (51:16 Md. R. 743); September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .06E repealed effective August 18, 2014 (41:16 Md. R. 946)*
- *Administrative History: Regulation .06E adopted effective February 1, 2016 (42:26 Md. R. 1595)*
- *Administrative History: Regulation .06E amended effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .06L amended effective January 9, 2000 (26:27 Md. R. 2016); August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .06M amended effective July 26, 1999 (26:15 Md. R. 1157); March 20, 2000 (27:5 Md. R. 585); August 29, 2005 (32:17 Md. R. 1439)*
- *Administrative History: Regulation .06M, P amended as an emergency provision effective September 1, 2004 (31:19 Md. R. 1429); amended permanently effective November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .06T adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland, and as cited in Regulations .02—.06 of this chapter*
##### **COMAR 11.11.05.06** Miscellaneous Fees. {#sec-11.11.05.06 omnilex-key=us-md-regs-official--title-11--11.11.05.06}
| Service | Section | Fee |
| --- | --- | --- |
| A. Vehicle emissions inspection fee. Every other year. | 23-205 | $30 |
| B. Vehicle emissions reinspection fee. After initial free inspection. | 23-207 | $30 |
| C. Vehicle emissions inspection advanced testing fee. Every other year. | 23-207 | $26 |
| D. Vehicle emissions inspection late fee. Per month or part of it. | 23-207 | $30 |
| E. Vehicle emissions inspection fleet test fee, per vehicle passed. | 23-207 | $30 |
| F. Driver improvement program fee. | 16-212 | $60 |
| G. Driver improvement program rescheduling fee. | 16-212 | $25 |
| H. Alcohol education program fee. | 16-212 | $100 |
| I. Alcohol education program rescheduling fee. | 16-212 | $25 |
| J. Shuttle permit - Annual fee. | 13-626 | $25 |
| K. Motorcycle Safety Training Course. | 16-603 | |
| (1) Maryland residents—beginners and in-traffic courses | | $175 |
| (2) Nonresidents - beginners and in-traffic courses | | $225 |
| (3) Maryland residents—experienced rider course | | $100 |
| (4) Nonresidents—experienced rider course | | $125 |
| L. Self-insurance actuarial audit fee. | 17-103 | $750 |
| M. Copies of driver or vehicle records as follows: | 12-113 | |
| (1) Certified | | $15 |
| (2) Noncertified | | $12 |
| N. Sales of Records. | 12-112 | |
| (1) Subscriptions: | | |
| (a) Vehicle safety recall database | | $125,000 per month |
| (b) Depersonalized sales data – No Personally Identifiable Information | | $10,000 per month |
| (c) Vehicle Emission Inspection Program test data– No Personally Identifiable Information | | $5,000 per month |
| (d) Under 21 household insurance file | | $15,000 per month |
| (2) Except as provided in subsection (1) of this section, sales of partial records | | $0.50 per record |
| O. Restoration of repossessed documents or plates. | 12-110 | $25 |
| P. Nonresident Service of Process | CJ, 6-313 | $61 |
**Cross References**
11.11.05.01
11.11.09.08A
11.11.14.04B(3)
11.14.08.20E(1)
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.08 adopted as an emergency provision effective July 15, 1991 (18:15 Md. R. 1721)*
- *Administrative History: Regulations .01—.07 adopted permanently effective January 1, 1992 (18:25 Md. R. 2751)*
- *Administrative History: Regulations .01—.06 amended and Regulation .08 adopted as an emergency provision effective July 1, 1992 (19:15 Md. R. 1384)*
- *Administrative History: Regulations .01—.06 amended effective December 7, 1992 (19:24 Md. R. 2127)*
- *Administrative History: Regulation .02 amended as an emergency provision effective January 11, 2008 (35:3 Md. R. 286); amended permanently effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .02 amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); amended permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Administrative History: Regulation .02 amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .02A, B amended as an emergency provision effective August 1, 1993 (20:14 Md. R. 1167); amended permanently effective January 1, 1994 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .02A, B amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .02A—D amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Administrative History: Regulation .02B amended effective February 1, 2016 (42:26 Md. R. 1595)*
- *Administrative History: Regulation .02C, D amended effective August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .02E, F, and I amended effective July 26, 1999 (26:15 Md. R. 1157)*
- *Administrative History: Regulation .03 amended effective July 26, 1999 (26:15 Md. R. 1157); September 1, 2001 (28:16 Md. R. 1483); October 1, 2001 (28:19 Md. R. 1686); April 26, 2004 (31:8 Md. R. 647); November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .03 amended effective August 19, 2024 (51:16 Md. R. 743); September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .03D amended effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .03E amended effective April 19, 2010 (37:8 Md. R. 617),*
- *Administrative History: Regulation .03G amended effective February 21, 2011 (38:4 Md. R. 264); October 3, 2011 (38:20 Md. R. 1203)*
- *Administrative History: Regulation .03H amended effective September 16, 2013 (40:18 Md. R. 1479); February 1, 2016 (42:26 Md. R. 1595); June 26, 2017 (44:11 Md. R. 525); October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .04 amended effective July 1, 2001 (28:8 Md. R. 762); September 1, 2001 (28:16 Md. R. 1483); October 1, 2001 (28:19 Md. R. 1686); December 10, 2001 (28:24 Md. R. 2130); December 9, 2004 (31:24 Md. R. 1727); August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .04A amended effective January 1, 1994 (20:25 Md. R. 1948); May 10, 2004 (31:9 Md. R. 713); October 1, 2009 (36:19 Md. R. 1437); January 1, 2014 (40:25 Md. R. 2069)*
- *Administrative History: Regulation .04B amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .04C amended effective January 1, 1994 (20:25 Md. R. 1948); September 22, 1997 (24:19 Md. R. 1341); January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .04D amended effective October 2, 2000 (27:19 Md. R. 1726)*
- *Administrative History: Regulation .04H amended effective October 18, 1999 (26:21 Md. R. 1630); April 29, 2002 (29:8 Md. R. 700)*
- *Administrative History: Regulation .04I amended as an emergency provision effective June 20, 2005 (32:14 Md. R. 1274); amended permanently effective September 12, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .04K amended effective July 26, 1999 (26:15 Md. R. 1157); October 2, 2000 (27:19 Md. R. 1726); October 29, 2001 (28:21 Md. R. 1857): November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .04K repealed effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .04K adopted effective July 1, 2020 (47:13 Md. R. 641)*
- *Administrative History: Regulation .04L adopted effective October 31, 2022 (49:22 Md. R. 979)*
- *Administrative History: Regulation .04M adopted as an emergency provision effective July 11, 2023 (50:15 Md. R. 680); amended permanently effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05 amended effective July 26, 1999 (26:15 Md. R. 1157); September 1, 2001 (28:16 Md. R. 1483); March 1, 2008 (35:4 Md. R. 515); February 1, 2016 (42:26 Md. R. 1595); August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .05U repealed effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .06 amended effective October 2, 2000 (27:19 Md. R. 1726); December 9, 2004 (31:24 Md. R. 1727); December 20, 2004 (31:25 Md. R. 1791); October 15, 2012 (39:20 Md. R. 1307); August 19, 2024 (51:16 Md. R. 743); September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .06E repealed effective August 18, 2014 (41:16 Md. R. 946)*
- *Administrative History: Regulation .06E adopted effective February 1, 2016 (42:26 Md. R. 1595)*
- *Administrative History: Regulation .06E amended effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .06L amended effective January 9, 2000 (26:27 Md. R. 2016); August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .06M amended effective July 26, 1999 (26:15 Md. R. 1157); March 20, 2000 (27:5 Md. R. 585); August 29, 2005 (32:17 Md. R. 1439)*
- *Administrative History: Regulation .06M, P amended as an emergency provision effective September 1, 2004 (31:19 Md. R. 1429); amended permanently effective November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .06T adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland, and as cited in Regulations .02—.06 of this chapter*
##### **COMAR 11.11.05.07** Preemption. {#sec-11.11.05.07 omnilex-key=us-md-regs-official--title-11--11.11.05.07}
If the fees established by this chapter conflict with any other provision of COMAR Title 11, Subtitles 11—22, the fees in this chapter prevail.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.08 adopted as an emergency provision effective July 15, 1991 (18:15 Md. R. 1721)*
- *Administrative History: Regulations .01—.07 adopted permanently effective January 1, 1992 (18:25 Md. R. 2751)*
- *Administrative History: Regulations .01—.06 amended and Regulation .08 adopted as an emergency provision effective July 1, 1992 (19:15 Md. R. 1384)*
- *Administrative History: Regulations .01—.06 amended effective December 7, 1992 (19:24 Md. R. 2127)*
- *Administrative History: Regulation .02 amended as an emergency provision effective January 11, 2008 (35:3 Md. R. 286); amended permanently effective April 7, 2008 (35:7 Md. R. 749)*
- *Administrative History: Regulation .02 amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); amended permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Administrative History: Regulation .02 amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .02A, B amended as an emergency provision effective August 1, 1993 (20:14 Md. R. 1167); amended permanently effective January 1, 1994 (20:25 Md. R. 1948)*
- *Administrative History: Regulation .02A, B amended effective September 1, 2001 (28:16 Md. R. 1483)*
- *Administrative History: Regulation .02A—D amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Administrative History: Regulation .02B amended effective February 1, 2016 (42:26 Md. R. 1595)*
- *Administrative History: Regulation .02C, D amended effective August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .02E, F, and I amended effective July 26, 1999 (26:15 Md. R. 1157)*
- *Administrative History: Regulation .03 amended effective July 26, 1999 (26:15 Md. R. 1157); September 1, 2001 (28:16 Md. R. 1483); October 1, 2001 (28:19 Md. R. 1686); April 26, 2004 (31:8 Md. R. 647); November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .03 amended effective August 19, 2024 (51:16 Md. R. 743); September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .03D amended effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .03E amended effective April 19, 2010 (37:8 Md. R. 617),*
- *Administrative History: Regulation .03G amended effective February 21, 2011 (38:4 Md. R. 264); October 3, 2011 (38:20 Md. R. 1203)*
- *Administrative History: Regulation .03H amended effective September 16, 2013 (40:18 Md. R. 1479); February 1, 2016 (42:26 Md. R. 1595); June 26, 2017 (44:11 Md. R. 525); October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .04 amended effective July 1, 2001 (28:8 Md. R. 762); September 1, 2001 (28:16 Md. R. 1483); October 1, 2001 (28:19 Md. R. 1686); December 10, 2001 (28:24 Md. R. 2130); December 9, 2004 (31:24 Md. R. 1727); August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .04A amended effective January 1, 1994 (20:25 Md. R. 1948); May 10, 2004 (31:9 Md. R. 713); October 1, 2009 (36:19 Md. R. 1437); January 1, 2014 (40:25 Md. R. 2069)*
- *Administrative History: Regulation .04B amended effective September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .04C amended effective January 1, 1994 (20:25 Md. R. 1948); September 22, 1997 (24:19 Md. R. 1341); January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .04D amended effective October 2, 2000 (27:19 Md. R. 1726)*
- *Administrative History: Regulation .04H amended effective October 18, 1999 (26:21 Md. R. 1630); April 29, 2002 (29:8 Md. R. 700)*
- *Administrative History: Regulation .04I amended as an emergency provision effective June 20, 2005 (32:14 Md. R. 1274); amended permanently effective September 12, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .04K amended effective July 26, 1999 (26:15 Md. R. 1157); October 2, 2000 (27:19 Md. R. 1726); October 29, 2001 (28:21 Md. R. 1857): November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .04K repealed effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .04K adopted effective July 1, 2020 (47:13 Md. R. 641)*
- *Administrative History: Regulation .04L adopted effective October 31, 2022 (49:22 Md. R. 979)*
- *Administrative History: Regulation .04M adopted as an emergency provision effective July 11, 2023 (50:15 Md. R. 680); amended permanently effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05 amended effective July 26, 1999 (26:15 Md. R. 1157); September 1, 2001 (28:16 Md. R. 1483); March 1, 2008 (35:4 Md. R. 515); February 1, 2016 (42:26 Md. R. 1595); August 19, 2024 (51:16 Md. R. 743)*
- *Administrative History: Regulation .05U repealed effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .06 amended effective October 2, 2000 (27:19 Md. R. 1726); December 9, 2004 (31:24 Md. R. 1727); December 20, 2004 (31:25 Md. R. 1791); October 15, 2012 (39:20 Md. R. 1307); August 19, 2024 (51:16 Md. R. 743); September 1, 2025 (52:17 Md. R. 875)*
- *Administrative History: Regulation .06E repealed effective August 18, 2014 (41:16 Md. R. 946)*
- *Administrative History: Regulation .06E adopted effective February 1, 2016 (42:26 Md. R. 1595)*
- *Administrative History: Regulation .06E amended effective August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .06L amended effective January 9, 2000 (26:27 Md. R. 2016); August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .06M amended effective July 26, 1999 (26:15 Md. R. 1157); March 20, 2000 (27:5 Md. R. 585); August 29, 2005 (32:17 Md. R. 1439)*
- *Administrative History: Regulation .06M, P amended as an emergency provision effective September 1, 2004 (31:19 Md. R. 1429); amended permanently effective November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .06T adopted effective April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland, and as cited in Regulations .02—.06 of this chapter*
## **11.11.06** Determination of Residency or Domicile
##### **COMAR 11.11.06.01** Purpose. {#sec-11.11.06.01 omnilex-key=us-md-regs-official--title-11--11.11.06.01}
The purpose of these regulations is to clarify the Administration's policies in determining if an individual is a resident of the State or domiciled in the State for purposes of enforcing the laws governing the registration of vehicles and the licensing of drivers.
**History**
- *Administrative History: Effective date: October 11, 1993 (20:20 Md. R. 1573)*
- *Authority: Transportation Article, §§11-149 and 12-104(b), Annotated Code of Maryland*
##### **COMAR 11.11.06.02** Resident. {#sec-11.11.06.02 omnilex-key=us-md-regs-official--title-11--11.11.06.02}
A. An individual who owns, leases, or rents a primary place of residence in this State is a resident if the individual is domiciled in:
(1) This State; or
(2) Another state but lives in a primary place of residence in this State for more than 1 year.
B. An individual is presumed to be domiciled in this State under §A(1) of this regulation if the individual:
(1) Owns, leases, or rents a primary place of residence in Maryland for more than 6 months;
(2) Has no other residence in any other state or country; and
(3) Is not:
(a) A student enrolled in an accredited school, college, or university of this State, an adjoining state, or the District of Columbia,
(b) Serving a medical internship in this State,
(c) A member of the armed forces of the United States or of the United States Public Health Service and serving on active duty in this State, an adjoining state, or the District of Columbia,
(d) Temporarily employed in Maryland for a period not to exceed 1 year, or
(e) A visitor or vacationer temporarily maintaining or occupying a residence in this State for a period not to exceed 1 year.
C. An individual domiciled in another state is a resident of Maryland if the individual:
(1) Owns, leases, or rents a primary place of residence in Maryland for more than 1 year; and
(2) Is not:
(a) A student enrolled in an accredited school, college, or university of this State, an adjoining state, or the District of Columbia,
(b) Serving a medical internship in this State, or
(c) A member of the armed forces of the United States or of the United States Public Health Service and serving on active duty in this State, an adjoining state, or the District of Columbia.
D. The presumption established in §B of this regulation is:
(1) Intended to clarify the Administration's policy on the determination of an individual's domicile for purposes of enforcing the laws governing vehicle registration and driver licensing; and
(2) Not intended to be binding on a court of law, unless otherwise required by statute or common law.
**Cross References**
11.15.13.01B(1)
**History**
- *Administrative History: Effective date: October 11, 1993 (20:20 Md. R. 1573)*
- *Authority: Transportation Article, §§11-149 and 12-104(b), Annotated Code of Maryland*
##### **COMAR 11.11.07** Gratis and Complimentary Records [Repealed] {#sec-11.11.07 omnilex-key=us-md-regs-official--title-11--11.11.07}
**History**
- *Administrative History: Effective date: February 27, 1995 (22:4 Md. R. 236)*
- *Administrative History: Regulation .02C amended effective September 20, 2010 (37:19 Md. R. 1284)*
- *Administrative History: Regulation .03A amended effective September 20, 2010 (37:19 Md. R. 1284)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.03 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
## **11.11.08** Driver's License Suspension and Restrictions for Child Support Noncompliance
##### **COMAR 11.11.08.01** Scope. {#sec-11.11.08.01 omnilex-key=us-md-regs-official--title-11--11.11.08.01}
This chapter contains procedures governing driver's license and driving privilege suspensions and restrictions imposed for child support noncompliance, pursuant to Transportation Article, §16-203, and Family Law Article, §10-119, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 292)*
- *Authority: Transportation Article, §§12-104(b) and 16-203, Annotated Code of Maryland*
##### **COMAR 11.11.08.02** Definitions. {#sec-11.11.08.02 omnilex-key=us-md-regs-official--title-11--11.11.08.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “CSEA” means the Child Support Enforcement Administration of the Department of Human Services.
(3) "Gainfully employed' means:
(a) To have employment with private industry or a government agency, or to be self-employed;
(b) If not self-employed to have to complete an Employee Withholding Allowance Certificate (Form W-4, Internal Revenue Service); and
(c) To file State and federal income tax returns.
(4) “Work-restricted license” means a driver's license issued for the purpose of driving:
(a) Directly to and from a scheduled work shift at the individual's place of employment;
(b) During scheduled work shifts in the course of employment; or
(c) When purchasing motor vehicle fuel or providing general maintenance for the individual's vehicle being driven for employment purposes.
(5) “Work-restricted privilege” means the privilege to operate a motor vehicle in the State for the purpose of driving:
(a) Directly to and from a scheduled work shift at the individual's place of employment;
(b) During scheduled work shifts in the course of employment; or
(c) When purchasing motor vehicle fuel or providing general maintenance for the individual's vehicle being driven for employment purposes.
**History**
- *Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 292)*
- *Authority: Transportation Article, §§12-104(b) and 16-203, Annotated Code of Maryland*
##### **COMAR 11.11.08.03** Notice of Suspension. {#sec-11.11.08.03 omnilex-key=us-md-regs-official--title-11--11.11.08.03}
A notice of a proposed suspension by the Administration of an individual's driver's license or driving privilege for child support noncompliance shall:
A. Be in writing;
B. Be personally served on the individual or sent by U.S. mail to the individual at the address of the individual on record with the Administration;
C. State the duration of the suspension; and
D. Advise the individual:
(1) Of the right, within 10 business days of the notice date, to file a written request for a hearing before the Administration, and
(2) That any hearing shall be limited to the issue of mistaken identity.
**History**
- *Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 292)*
- *Authority: Transportation Article, §§12-104(b) and 16-203, Annotated Code of Maryland*
##### **COMAR 11.11.08.04** Work-Restricted License or Privilege. {#sec-11.11.08.04 omnilex-key=us-md-regs-official--title-11--11.11.08.04}
A. A work-restricted driver's license may be issued or work-restricted privilege authorized by the Administration if the individual certifies that the individual understands the restriction conditions set forth in §B of this regulation.
B. Conditions of Work-Restricted License or Privilege.
(1) Individuals shall be gainfully employed.
(2) Individuals shall operate a motor vehicle only for the purposes described in Regulation .02B(4) or (5) of this chapter, and may not operate a motor vehicle for any other purpose.
(3) A work-restricted license or privilege shall be valid only when no other suspensions, cancellations, revocations, refusals, or disqualifications exist against the individual's driver's license.
(4) A work-restricted license issued under this chapter shall be cancelled by the Administration if:
(a) The Administration receives notice from CSEA to remove the work restriction; or
(b) The driver's license of the individual is suspended, cancelled, revoked, or refused, or the individual is disqualified.
**History**
- *Administrative History: Effective date: February 24, 1997 (24:4 Md. R. 292)*
- *Authority: Transportation Article, §§12-104(b) and 16-203, Annotated Code of Maryland*
## **11.11.09** Access to Public Motor Vehicle Administration Records
##### **COMAR 11.11.09.01** Purpose and Scope. {#sec-11.11.09.01 omnilex-key=us-md-regs-official--title-11--11.11.09.01}
The purpose of this chapter is to comply with the Maryland Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland, and with the federal Driver’s Privacy Protection Act of 1994 (18 U.S.C. §2721 et seq.) in order to:
A. Maintain the confidentiality of motor vehicle drivers' records including personal information; and
B. Establish procedures for applicants to obtain records eligible to be disclosed.
**History**
- *Administrative History: Effective date: February 23, 1998 (25:4 Md. R. 244)*
- *Administrative History: Regulation .01 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .01-1 adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .02B amended effective December 20, 2004 (31:25 Md. R. 1791); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .03B amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .04 amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .04A, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .05B, C amended effective October 24, 2005 (32:21 Md. R. 1708)*
- *Administrative History: Regulation .06 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .07 amended effective July 24, 2000 (27:14 Md. R. 1342)*
- *Administrative History: Regulation .07B amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .08 adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Authority: General Provisions Article, Title 4; Transportation Article, §§12-104(b), 12-111—12-113, 16-117, 16-118, 16-819, and 16-904; Annotated Code of Maryland*
##### **COMAR 11.11.09.02** Definitions. {#sec-11.11.09.02 omnilex-key=us-md-regs-official--title-11--11.11.09.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Act” means the Maryland Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland.
(2) “Administration” means the Motor Vehicle Administration.
(3) “Applicant” has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland.
(4) “Certified record” means a motor vehicle record certified by the Administration that is admissible in any judicial proceeding in the same manner as the original record, whose contents and time period covered may vary depending upon the eligibility of the requester under the General Provisions Article, §4-320, and Transportation Article, §12-111, Annotated Code of Maryland.
(5) “Custodian” has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland.
(6) “Government agency” means an agency or unit of the federal, state, or local government, including a law enforcement agency.
(7) “Noncertified record” means a motor vehicle record provided by the Administration generally used for informational purposes that may or may not be used in judicial proceedings.
(8) “Person in interest” has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland.
(9) “Personal information” has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland.
(10) “Public record” has the meaning stated in General Provisions Article, §4-101, Annotated Code of Maryland.
(11) “Records” means:
(a) Accident reports;
(b) Administrative hearing records and exhibits;
(c) Alcohol education client records;
(d) Applications and other related documents;
(e) Certificates or other documents issued by the Administration;
(f) Correspondence and reports related to the records listed in §B(11)(a)—(e) and (g)—(m) of this regulation;
(g) Driver improvement client records;
(h) Driver record histories or other related documents;
(i) Financial responsibility judgment case records;
(j) Insurance certification documents and uninsured motorist complaint records;
(k) Vehicle identification numbers;
(l) Vehicle registration records; and
(m) Vehicle titles.
(12) “Specific identifier” means personal information that identifies an individual or person of interest including that individual's name, address, telephone number, driver's license number, email address, or any other identifying data or number.
**History**
- *Administrative History: Effective date: February 23, 1998 (25:4 Md. R. 244)*
- *Administrative History: Regulation .01 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .01-1 adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .02B amended effective December 20, 2004 (31:25 Md. R. 1791); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .03B amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .04 amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .04A, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .05B, C amended effective October 24, 2005 (32:21 Md. R. 1708)*
- *Administrative History: Regulation .06 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .07 amended effective July 24, 2000 (27:14 Md. R. 1342)*
- *Administrative History: Regulation .07B amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .08 adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Authority: General Provisions Article, Title 4; Transportation Article, §§12-104(b), 12-111—12-113, 16-117, 16-118, 16-819, and 16-904; Annotated Code of Maryland*
##### **COMAR 11.11.09.02-1** Records. {#sec-11.11.09.02-1 omnilex-key=us-md-regs-official--title-11--11.11.09.02-1}
A. Pursuant to Transportation Article, §12-111, Annotated Code of Maryland, the Administration shall keep a record of each application or other document with it and each certificate or other official document that it issues.
B. Pursuant to Transportation Article, §16-117, Annotated Code of Maryland, the Administration shall keep a drivers’ record file, which, except as otherwise provided, shall be open for public inspection.
**History**
- *Administrative History: Effective date: February 23, 1998 (25:4 Md. R. 244)*
- *Administrative History: Regulation .01 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .01-1 adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .02B amended effective December 20, 2004 (31:25 Md. R. 1791); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .03B amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .04 amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .04A, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .05B, C amended effective October 24, 2005 (32:21 Md. R. 1708)*
- *Administrative History: Regulation .06 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .07 amended effective July 24, 2000 (27:14 Md. R. 1342)*
- *Administrative History: Regulation .07B amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .08 adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Authority: General Provisions Article, Title 4; Transportation Article, §§12-104(b), 12-111—12-113, 16-117, 16-118, 16-819, and 16-904; Annotated Code of Maryland*
##### **COMAR 11.11.09.03** Record Request. {#sec-11.11.09.03 omnilex-key=us-md-regs-official--title-11--11.11.09.03}
A. An applicant may request an individual's public record by completing a record request form furnished by the Administration which shall include the:
(1) Name of the applicant;
(2) Signature of the applicant;
(3) Business name of the applicant, if applicable;
(4) Address of the applicant or business;
(5) Name of the record requested;
(6) Reason for the request; and
(7) Record identification number, such as:
(a) Driver's license or Soundex, or
(b) Vehicle registration.
B. To determine the applicant's eligibility for release of personal information when appearing in person, the applicant shall furnish a driver's license or State identification card and, if the application is for personal information for a different individual, upon request by the Administration, another form of personal identification such as a:
(1) Federal tax identification or other business number;
(2) Vendor contract number;
(3) Law enforcement identification;
(4) Government employment identification; or
(5) Professional license number with the name of the licensing agency.
**History**
- *Administrative History: Effective date: February 23, 1998 (25:4 Md. R. 244)*
- *Administrative History: Regulation .01 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .01-1 adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .02B amended effective December 20, 2004 (31:25 Md. R. 1791); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .03B amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .04 amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .04A, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .05B, C amended effective October 24, 2005 (32:21 Md. R. 1708)*
- *Administrative History: Regulation .06 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .07 amended effective July 24, 2000 (27:14 Md. R. 1342)*
- *Administrative History: Regulation .07B amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .08 adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Authority: General Provisions Article, Title 4; Transportation Article, §§12-104(b), 12-111—12-113, 16-117, 16-118, 16-819, and 16-904; Annotated Code of Maryland*
##### **COMAR 11.11.09.04** Record Access. {#sec-11.11.09.04 omnilex-key=us-md-regs-official--title-11--11.11.09.04}
A. In General. Pursuant to Transportation Article, §12-111, Annotated Code of Maryland, subject to General Provisions Article, §4-320, Annotated Code of Maryland, and except as otherwise provided by law, all records of the Administration are public records and open to public inspection during office hours.
B. Records Not Open to Public Inspection. Pursuant to Transportation Article, §§12-111, 16-117, and 16-118, Annotated Code of Maryland, the following records are not open to public inspection:
(1) A driving record entry that is over 3 years old;
(2) A digital or photographic image or signature;
(3) A record or notation of probation before judgment;
(4) A record of a first offense of driving with an alcohol concentration of 0.08 or more under Transportation Article, §16-205.1, Annotated Code of Maryland; and
(5) Records of the Medical Advisory Board.
C. Exceptions.
(1) Records of Any Age. Subject to the provisions of §§B, D and E of this regulation and pursuant to Transportation Article §12-111(b)(3), a driving record entry of any age shall be open to inspection by authorized representatives of any federal, State, or local government agency.
(2) Photographic Images and Signatures. A digital photographic image or signature of an individual shall be open to inspection only as set forth in Transportation Article §12-111, Annotated Code of Maryland.
(3) Probation Before Judgment Records and Records of a First Offense of Driving With an Alcohol Concentration of 0.08 or More. A record or notation of probation before judgment and a record of a first offense of driving with an alcohol concentration of 0.08 or more shall be open to inspection only as set forth in Transportation Article §16-117, Annotated Code of Maryland.
(4) Medical Advisory Board Records. Records of the Medical Advisory Board shall be open to inspection only as set forth in Transportation Article §16-118, Annotated Code of Maryland.
D. Public Records Containing Personal Information. Personal information referred to in General Provisions Article, §4-320(f)(2), Annotated Code of Maryland, shall generally be used in conformity with the purposes of State and federal law, as amended, and specifically in compliance with the following statutes:
(1) Federal Automobile Information Disclosure Act (15 U.S.C. §1231 et seq.);
(2) Motor Vehicle Information and Cost Saving Act (49 U.S.C. §32101 et seq.);
(3) National Traffic and Motor Vehicle Safety Act of 1996 (49.U.S.C. §30101 et seq.);
(4) Anti-Car Theft Act of 1992 (49 U.S.C. §33101 et seq.);
(5) Clean Air Act (42 U.S.C. §7401 et seq.);
(6) Driver’s Privacy Protection Act of 1994 (18 U.S.C. §2721 et seq.); and
(7) General Provisions Article, Title 4, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: February 23, 1998 (25:4 Md. R. 244)*
- *Administrative History: Regulation .01 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .01-1 adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .02B amended effective December 20, 2004 (31:25 Md. R. 1791); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .03B amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .04 amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .04A, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .05B, C amended effective October 24, 2005 (32:21 Md. R. 1708)*
- *Administrative History: Regulation .06 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .07 amended effective July 24, 2000 (27:14 Md. R. 1342)*
- *Administrative History: Regulation .07B amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .08 adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Authority: General Provisions Article, Title 4; Transportation Article, §§12-104(b), 12-111—12-113, 16-117, 16-118, 16-819, and 16-904; Annotated Code of Maryland*
##### **COMAR 11.11.09.05** Waiver Procedures. {#sec-11.11.09.05 omnilex-key=us-md-regs-official--title-11--11.11.09.05}
At the discretion of the custodian, a public record containing personal information may be released to an applicant not otherwise authorized to receive the information when the applicant:
A. Submits, from the person in interest, a notarized written consent;
B. Is the cosigner for driver licensing while the person in interest is younger than 18 years old; or
C. Applying for a vehicle registration renewal:
(1) Presents a registration renewal application signed by the person in interest; or
(2) If applying for renewal as co-owner of the vehicle, furnishes identification showing the same address as the other vehicle co-owner.
**History**
- *Administrative History: Effective date: February 23, 1998 (25:4 Md. R. 244)*
- *Administrative History: Regulation .01 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .01-1 adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .02B amended effective December 20, 2004 (31:25 Md. R. 1791); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .03B amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .04 amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .04A, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .05B, C amended effective October 24, 2005 (32:21 Md. R. 1708)*
- *Administrative History: Regulation .06 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .07 amended effective July 24, 2000 (27:14 Md. R. 1342)*
- *Administrative History: Regulation .07B amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .08 adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Authority: General Provisions Article, Title 4; Transportation Article, §§12-104(b), 12-111—12-113, 16-117, 16-118, 16-819, and 16-904; Annotated Code of Maryland*
##### **COMAR 11.11.09.06** Disclosure Denial. {#sec-11.11.09.06 omnilex-key=us-md-regs-official--title-11--11.11.09.06}
A. Except as provided in General Provisions Article, §4-320, Annotated Code of Maryland, the Administration shall deny disclosure of personal information and specific identifiers.
B. Disclosure of personal information may be denied if the custodian determines that the requested information is to be used for purposes other than those specified in General Provisions Article, §4-320(e) and (f), Annotated Code of Maryland.
C. Except as provided in General Provisions Article, §4-320, Annotated Code of Maryland, if a record subject to disclosure contains personal information or specific identifiers, the personal information and specific identifiers shall be redacted prior to disclosing the record.
**History**
- *Administrative History: Effective date: February 23, 1998 (25:4 Md. R. 244)*
- *Administrative History: Regulation .01 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .01-1 adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .02B amended effective December 20, 2004 (31:25 Md. R. 1791); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .03B amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .04 amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .04A, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .05B, C amended effective October 24, 2005 (32:21 Md. R. 1708)*
- *Administrative History: Regulation .06 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .07 amended effective July 24, 2000 (27:14 Md. R. 1342)*
- *Administrative History: Regulation .07B amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .08 adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Authority: General Provisions Article, Title 4; Transportation Article, §§12-104(b), 12-111—12-113, 16-117, 16-118, 16-819, and 16-904; Annotated Code of Maryland*
##### **COMAR 11.11.09.07** Disclosure Consent or Withdrawal of Consent. {#sec-11.11.09.07 omnilex-key=us-md-regs-official--title-11--11.11.09.07}
A. A person in interest may consent, or subsequently withdraw consent, to disclose personal information.
B. The consent or withdrawal of consent shall be in writing and mailed or delivered to the Administration's Official Custodian. The request shall include:
(1) Soundex or driver's license number;
(2) Full name;
(3) Date of birth;
(4) Signature; and
(5) A photocopy of the person in interest's last Maryland driver's license or identification card on record with the custodian.
C. The custodian shall maintain a record of a consent or withdrawal of consent of personal information.
**History**
- *Administrative History: Effective date: February 23, 1998 (25:4 Md. R. 244)*
- *Administrative History: Regulation .01 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .01-1 adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .02B amended effective December 20, 2004 (31:25 Md. R. 1791); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .03B amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .04 amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .04A, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .05B, C amended effective October 24, 2005 (32:21 Md. R. 1708)*
- *Administrative History: Regulation .06 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .07 amended effective July 24, 2000 (27:14 Md. R. 1342)*
- *Administrative History: Regulation .07B amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .08 adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Authority: General Provisions Article, Title 4; Transportation Article, §§12-104(b), 12-111—12-113, 16-117, 16-118, 16-819, and 16-904; Annotated Code of Maryland*
##### **COMAR 11.11.09.08** Fees. {#sec-11.11.09.08 omnilex-key=us-md-regs-official--title-11--11.11.09.08}
A. Fees for Driver and Vehicle Records. The fees for individual driver and vehicle records shall be as set forth in COMAR 11.11.05.06.
B. Fees for Copies of Records Requested Under the Maryland Public Information Act.
(1) The fee schedule for copying records is as follows.
(a) Black and White Copies. The fee for each black and white copy of a noncertified record is 3.5 cents per page if reproduction is made by a photocopying machine within the Administration.
(b) Color Copies. The fee for each color copy of a noncertified record is 15 cents per page if reproduction is made by a photocopying machine within the Administration.
(c) Certified Copies. If an applicant requests a certified record, an additional fee of $3 per record shall be charged.
(d) Other Reproductions. If records are not susceptible to photocopying (for example, punch cards, magnetic tapes, blueprints, and microfilm), the fee for copies shall be based on the actual cost of reproduction.
(e) Minimum Fee Charged. A charge may not be made if the total amount of the fee is less than $10.
(2) Notwithstanding subsection(1) of this section, if the fees for copies, printouts, other reproductions, or certified copies of any record are specifically prescribed by a law or regulation other than the Act or this regulation, the prescribed fee shall be charged.
(3) Before copying a record, the custodian shall estimate the cost of reproduction and obtain prepayment of any estimated fee before reproducing the record.
C. Fees for Search and Retrieval of Records Requested Under the Maryland Public Information Act.
(1) Except as provided in subsection (2) of this section, the official custodian may charge reasonable fees for officials’ or employees’ time expended searching for requested records or for any time expended preparing records for inspection and copying.
(2) The official custodian may not charge any search or preparation fee for the first 2 hours of official or employee time needed to respond to a request for information.
(3) The fee schedule for search and preparation is as follows:
(a) Computer Programming and Retrieval. The fee for computer programming and electronic retrieval of records is $250 per hour.
(b) Clerical. The fee for clerical time expended for search and retrieval of documents is $30 per hour.
D. Waiver of Fees.
(1) Upon request, the official custodian may waive or reduce any fee charged pursuant to the regulation if:
(a) When requesting an individual’s own driving record, the individual displays identification acceptable to the Administration; or
(b) When requesting all other records, the custodian determines that the waiver or reduction is in the public interest, considering, among other relevant factors, the ability of the applicant to pay the cost or fee.
(2) Records for Government Agencies.
(a) On request, the Administration may provide certified or noncertified records to government agencies without charge.
(b) The Administration may provide up to five records to government agency representatives who provide official identification at the time of making the request.
(c) Multiple Requests. Requests from government agencies for more than five records without charge shall be made on the agency’s letterhead, and shall be addressed to the Motor Vehicle Administration, Custodian of Records, 6601 Ritchie Highway, Glen Burnie, Maryland 21062.
E. If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the cost of postage or delivery to the applicant.
**History**
- *Administrative History: Effective date: February 23, 1998 (25:4 Md. R. 244)*
- *Administrative History: Regulation .01 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .01-1 adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .02B amended effective December 20, 2004 (31:25 Md. R. 1791); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .03B amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .04 amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .04A, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .05 amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .05B, C amended effective October 24, 2005 (32:21 Md. R. 1708)*
- *Administrative History: Regulation .06 amended effective July 24, 2000 (27:14 Md. R. 1342); October 15, 2012 (39:20 Md. R. 1307); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .07 amended effective July 24, 2000 (27:14 Md. R. 1342)*
- *Administrative History: Regulation .07B amended effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .08 adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Authority: General Provisions Article, Title 4; Transportation Article, §§12-104(b), 12-111—12-113, 16-117, 16-118, 16-819, and 16-904; Annotated Code of Maryland*
## **11.11.10** Vehicle Registration Refusal and Driver's License Suspension for Outstanding Warrants
##### **COMAR 11.11.10.01** Scope. {#sec-11.11.10.01 omnilex-key=us-md-regs-official--title-11--11.11.10.01}
This chapter contains procedures governing the refusal to register or transfer registration and for the suspension of the driver's license or privilege to drive of an individual who has an outstanding warrant, pursuant to Transportation Article, §§13-406.1 and 16-204, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: April 29, 2002 (29:8 Md. R. 701)*
- *Authority: Transportation Article, §§12-104(b), 13-406.1, and 16-204, Annotated Code of Maryland*
##### **COMAR 11.11.10.02** Definitions. {#sec-11.11.10.02 omnilex-key=us-md-regs-official--title-11--11.11.10.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Law enforcement agency” has the meaning stated in Transportation Article, §13-406.1, Annotated Code of Maryland.
(3) “License” has the meaning stated in Transportation Article, §11-128, Annotated Code of Maryland.
(4) “Outstanding warrant” has the meaning stated in Transportation Article, §13-406.1, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: April 29, 2002 (29:8 Md. R. 701)*
- *Authority: Transportation Article, §§12-104(b), 13-406.1, and 16-204, Annotated Code of Maryland*
##### **COMAR 11.11.10.03** Reporting Outstanding Warrant Information. {#sec-11.11.10.03 omnilex-key=us-md-regs-official--title-11--11.11.10.03}
A. A participating law enforcement agency is responsible for transmitting outstanding warrant information to the Administration in a format specified by the Administration.
B. A participating law enforcement agency may not report outstanding warrant information to the Administration until:
(1) The outstanding warrant is 31 days old or older; and
(2) The law enforcement agency has made at least one attempt to serve the warrant, but failed to serve the individual named in the outstanding warrant due to the inability to locate the individual.
**History**
- *Administrative History: Effective date: April 29, 2002 (29:8 Md. R. 701)*
- *Authority: Transportation Article, §§12-104(b), 13-406.1, and 16-204, Annotated Code of Maryland*
##### **COMAR 11.11.10.04** Registration Refusal and License Suspension. {#sec-11.11.10.04 omnilex-key=us-md-regs-official--title-11--11.11.10.04}
Upon notification from a participating law enforcement agency that an individual has an outstanding warrant, the Administration shall:
A. Refuse to register or transfer the registration of any vehicle owned by the individual; and
B. Suspend the driver's license or driving privilege of the individual.
**History**
- *Administrative History: Effective date: April 29, 2002 (29:8 Md. R. 701)*
- *Authority: Transportation Article, §§12-104(b), 13-406.1, and 16-204, Annotated Code of Maryland*
##### **COMAR 11.11.10.05** Notice of Proposed Action. {#sec-11.11.10.05 omnilex-key=us-md-regs-official--title-11--11.11.10.05}
Before refusing to register or transfer a vehicle registration and suspending the driver's license or privilege to drive of an individual with an outstanding warrant, the Administration shall send notice to the individual. The notice shall:
A. Be in writing;
B. Be personally served on the individual or sent by U.S. mail to the individual at the address on record with the Administration; and
C. Advise the individual:
(1) That the registration or transfer of any vehicle owned by the individual has been refused and their driver's license or privilege to drive has been suspended;
(2) Of the right to contest, within 15 days of the notice date, by making a written request for an administration hearing;
(3) That the hearing request under this section shall be limited to the issue of mistaken identity; and
(4) To contact the reporting law enforcement agency to resolve any questions regarding the outstanding warrant.
**History**
- *Administrative History: Effective date: April 29, 2002 (29:8 Md. R. 701)*
- *Authority: Transportation Article, §§12-104(b), 13-406.1, and 16-204, Annotated Code of Maryland*
##### **COMAR 11.11.10.06** Reinstatement. {#sec-11.11.10.06 omnilex-key=us-md-regs-official--title-11--11.11.10.06}
A. The Administration shall continue to refuse to register or transfer a vehicle registration and to suspend the driver's license or privilege to drive of an individual with an outstanding warrant until:
(1) The Administration is ordered by a court to register or transfer the vehicle registration and reinstate the driver's license or privilege to drive of the individual; or
(2) The participating law enforcement agency notifies the Administration that:
(a) The individual named in the outstanding warrant has been arrested; or
(b) The outstanding warrant has been satisfied.
B. The participating law enforcement agency shall notify the Administration within 24 hours of a warrant being satisfied.
**History**
- *Administrative History: Effective date: April 29, 2002 (29:8 Md. R. 701)*
- *Authority: Transportation Article, §§12-104(b), 13-406.1, and 16-204, Annotated Code of Maryland*
## **11.11.11** Ignition Interlock Vehicle Exemption for Financial Hardship
##### **COMAR 11.11.11.01** Purpose. {#sec-11.11.11.01 omnilex-key=us-md-regs-official--title-11--11.11.11.01}
The purpose of this chapter is to establish the eligibility criteria to be used in determining when a financial hardship exists that may exempt a repeat alcohol offender from the requirement of having an ignition interlock system installed and maintained on each vehicle owned or co-owned by the offender.
**History**
- *Administrative History: Effective date: September 1, 2003 (30:17 Md. R. 1204)*
- *Administrative History: Regulation .02B amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Authority: Transportation Article, §§12-104(b) and 16-205, Annotated Code of Maryland*
##### **COMAR 11.11.11.02** Definitions. {#sec-11.11.11.02 omnilex-key=us-md-regs-official--title-11--11.11.11.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration or the Office of Administrative Hearings.
(2) “Administrative law judge” means a person authorized to conduct administrative hearings under State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland.
(3) “Financial hardship” means documented proof:
(a) Acceptable to an administrative law judge, the Administration, or an approved ignition interlock vendor that a person is eligible for or receiving assistance under the provisions of COMAR 07.02.04.03A and B, 07.03, 07.06.06, 07.06.09, 10.02.03, 10.09.24, 10.09.25, or 10.22.01, or under the provisions of Health-General Article, §§7-406, 7-503, 7-801(3), 7-802(d), or 10-708, Annotated Code of Maryland; or
(b) That a person meets the income guidelines for the Federal Supplemental Nutrition Assistance Program or the Maryland Food Supplement Program.
(4) “Repeat alcohol offender” means a person who has been convicted of more than one violation of Transportation Article, §21-902(a), Annotated Code of Maryland, within a 5-year period.
**Cross References**
11.11.11.03C
11.11.13.03H
**History**
- *Administrative History: Effective date: September 1, 2003 (30:17 Md. R. 1204)*
- *Administrative History: Regulation .02B amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Authority: Transportation Article, §§12-104(b) and 16-205, Annotated Code of Maryland*
##### **COMAR 11.11.11.03** Vehicle Exemption. {#sec-11.11.11.03 omnilex-key=us-md-regs-official--title-11--11.11.11.03}
A. When a repeat alcohol offender receives notification from the Administration of the requirement to install and maintain an ignition interlock system on all vehicles owned and co-owned under Transportation Article, §16-205, Annotated Code of Maryland, the offender may request a hearing to present evidence of financial hardship so that the vehicle or vehicles may be considered for exemption from the requirement.
B. A repeat alcohol offender requesting a vehicle exemption due to a financial hardship shall submit a written request for a hearing with a request for consideration for a vehicle exemption due to a financial hardship within 15 days of the notice date.
C. The repeat offender shall provide documented proof of financial hardship as defined in Regulation .02 of this chapter to be considered by the administrative law judge at the administrative hearing.
D. The Administration shall deny any request for an ignition interlock vehicle exemption due to a financial hardship if the person does not submit a timely request for a hearing within 15 days of the notice date.
E. At the administrative hearing the administrative law judge shall consider a request for exemption of a vehicle or vehicles owned and co-owned by the repeat alcohol offender, if the offender meets the criteria for a financial hardship.
F. The repeat offender has the burden of proof of a financial hardship.
G. If an administrative law judge determines that a repeat offender has a financial hardship, the Administration shall exempt any vehicle designated by the administrative law judge from the requirement of installing and maintaining an ignition interlock system on the designated vehicle.
**History**
- *Administrative History: Effective date: September 1, 2003 (30:17 Md. R. 1204)*
- *Administrative History: Regulation .02B amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Authority: Transportation Article, §§12-104(b) and 16-205, Annotated Code of Maryland*
## **11.11.12** Commercial Driver's License Disqualification and Cancellation
##### **COMAR 11.11.12.01** Purpose. {#sec-11.11.12.01 omnilex-key=us-md-regs-official--title-11--11.11.12.01}
The purpose of this chapter is to establish:
A. Procedures for the disqualification of commercial vehicle driving privileges for convictions of certain offenses determined by State and federal law as serious violations;
B. The period of disqualification for serious violations under this chapter;
C. Procedures for an emergency disqualification;
D. Conditions for reinstatement and denial of a lifetime disqualification; and
E. Requirements to comply with federal regulations that were created to ensure uniformity among commercial driver license systems and to reduce or prevent commercial vehicle accidents, fatalities, and injuries.
**History**
- *Administrative History: Effective date: September 30, 2005 (32:19 Md. R. 1588)*
- *Administrative History: Regulation .02B amended effective October 10, 2016 (43:20 Md. R. 1110)*
- *Administrative History: Regulation .07 adopted effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .07 amended effective April 19, 2010 (37:8 Md. R. 617)*
- *Administrative History: Regulation .08 adopted effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09 adopted effective October 10, 2016 (43:20 Md. R. 1110)*
- *Authority: Transportation Article, §§12-104(b), 16-208.1, 16-808, 16-812, and 16-820,Annotated Code of Maryland; 49 CFR §§383.51, 383.52, 384.208, and 384.210*
##### **COMAR 11.11.12.02** Definitions. {#sec-11.11.12.02 omnilex-key=us-md-regs-official--title-11--11.11.12.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Cancel” has the meaning stated in Transportation Article, §11-107, Annotated Code of Maryland.
(3) “Commercial driver's license” has the meaning stated in Transportation Article, §11-109, Annotated Code of Maryland.
(4) “Commercial motor vehicle” has the meaning stated in Transportation Article, §16-803, Annotated Code of Maryland.
(5) “Disqualification” has the meaning stated in 49 CFR §383.5.
(6) “Imminent hazard” has the meaning stated in 49 CFR §383.5.
(7) “Serious traffic violation” has the meaning stated in 49 CFR §383.5.
**History**
- *Administrative History: Effective date: September 30, 2005 (32:19 Md. R. 1588)*
- *Administrative History: Regulation .02B amended effective October 10, 2016 (43:20 Md. R. 1110)*
- *Administrative History: Regulation .07 adopted effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .07 amended effective April 19, 2010 (37:8 Md. R. 617)*
- *Administrative History: Regulation .08 adopted effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09 adopted effective October 10, 2016 (43:20 Md. R. 1110)*
- *Authority: Transportation Article, §§12-104(b), 16-208.1, 16-808, 16-812, and 16-820,Annotated Code of Maryland; 49 CFR §§383.51, 383.52, 384.208, and 384.210*
##### **COMAR 11.11.12.03** Disqualification for Serious Traffic Violations. {#sec-11.11.12.03 omnilex-key=us-md-regs-official--title-11--11.11.12.03}
A. A driver or holder of a commercial driver's license shall be disqualified from operating a commercial motor vehicle for a period of 60 days for a second conviction of any combination of serious traffic violations incurred in a separate incident within a 3-year period while operating a:
(1) Commercial motor vehicle; or
(2) Noncommercial motor vehicle if the conviction results in the revocation, cancellation, refusal, or suspension of the individual's driver's license or privilege to drive.
B. A driver or holder of a commercial driver's license shall be disqualified from operating a commercial motor vehicle for a period of 120 days for a third conviction of any combination of serious traffic violations incurred in a separate incident within a 3-year period while operating a:
(1) Commercial motor vehicle; or
(2) Noncommercial motor vehicle, if the conviction results in the revocation, cancellation, refusal, or suspension of the individual's driver's license or privilege to drive.
C. A disqualification imposed under this chapter shall be in addition to any other period of disqualification.
**History**
- *Administrative History: Effective date: September 30, 2005 (32:19 Md. R. 1588)*
- *Administrative History: Regulation .02B amended effective October 10, 2016 (43:20 Md. R. 1110)*
- *Administrative History: Regulation .07 adopted effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .07 amended effective April 19, 2010 (37:8 Md. R. 617)*
- *Administrative History: Regulation .08 adopted effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09 adopted effective October 10, 2016 (43:20 Md. R. 1110)*
- *Authority: Transportation Article, §§12-104(b), 16-208.1, 16-808, 16-812, and 16-820,Annotated Code of Maryland; 49 CFR §§383.51, 383.52, 384.208, and 384.210*
##### **COMAR 11.11.12.04** Disqualification for Major Traffic Violations. {#sec-11.11.12.04 omnilex-key=us-md-regs-official--title-11--11.11.12.04}
A driver or holder of a commercial driver's license shall be disqualified from operating a commercial motor vehicle for a major traffic violation for 1 year, 3 years, or for life as specified in 49 CFR §383.51(b).
**History**
- *Administrative History: Effective date: September 30, 2005 (32:19 Md. R. 1588)*
- *Administrative History: Regulation .02B amended effective October 10, 2016 (43:20 Md. R. 1110)*
- *Administrative History: Regulation .07 adopted effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .07 amended effective April 19, 2010 (37:8 Md. R. 617)*
- *Administrative History: Regulation .08 adopted effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09 adopted effective October 10, 2016 (43:20 Md. R. 1110)*
- *Authority: Transportation Article, §§12-104(b), 16-208.1, 16-808, 16-812, and 16-820,Annotated Code of Maryland; 49 CFR §§383.51, 383.52, 384.208, and 384.210*
##### **COMAR 11.11.12.05** Emergency Disqualification. {#sec-11.11.12.05 omnilex-key=us-md-regs-official--title-11--11.11.12.05}
A. On notification from the Federal Motor Carrier Safety Administration that a driver has been determined to constitute an imminent hazard and has been disqualified pursuant to 49 CFR §383.52, the Administration shall enter the disqualification on the driver's record.
B. A driver who is simultaneously disqualified under 49 CFR §383.52 and under the provisions of any other federal regulation or State law or regulation shall serve those disqualification periods concurrently.
**History**
- *Administrative History: Effective date: September 30, 2005 (32:19 Md. R. 1588)*
- *Administrative History: Regulation .02B amended effective October 10, 2016 (43:20 Md. R. 1110)*
- *Administrative History: Regulation .07 adopted effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .07 amended effective April 19, 2010 (37:8 Md. R. 617)*
- *Administrative History: Regulation .08 adopted effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09 adopted effective October 10, 2016 (43:20 Md. R. 1110)*
- *Authority: Transportation Article, §§12-104(b), 16-208.1, 16-808, 16-812, and 16-820,Annotated Code of Maryland; 49 CFR §§383.51, 383.52, 384.208, and 384.210*
##### **COMAR 11.11.12.06** Lifetime Disqualification Reinstatement. {#sec-11.11.12.06 omnilex-key=us-md-regs-official--title-11--11.11.12.06}
A. An individual with a lifetime disqualification may request reinstatement of the individual's commercial driving privilege if:
(1) A 10-year disqualification period has expired from the date of the lifetime disqualification;
(2) The individual has voluntarily entered and successfully completed the approved rehabilitation program or programs required by the Administration;
(3) The individual had a valid driver's license during that 10-year period;
(4) The individual has no record of any moving violations during the lifetime disqualification period; and
(5) The individual has met all the reinstatement requirements under 49 CFR §383.51.
B. The Administration, after an investigation of the individual's habits, health, and driving ability and referral to the Medical Advisory Board established under Transportation Article, §16-118, Annotated Code of Maryland, may determine if it will be safe to reinstate the individual's commercial driving privilege.
C. The decision to grant the reinstatement shall be solely at the discretion of the Administrator or Administrator's designee.
D. If the reinstatement of the individual's commercial driving privilege is granted, the Administration shall require the applicant to submit to all testing requirements under Transportation Article, Title 16, Subtitle 8, Annotated Code of Maryland, and COMAR 11.17.14.
E. If an individual who has been reinstated with a commercial driving privilege under the provisions of this regulation is subsequently convicted of a disqualifying offense described in 49 CFR §383.51, the lifetime disqualification of the individual's commercial driving privilege shall be reinstated and any future request for reinstatement of the commercial driving privilege shall be denied.
**History**
- *Administrative History: Effective date: September 30, 2005 (32:19 Md. R. 1588)*
- *Administrative History: Regulation .02B amended effective October 10, 2016 (43:20 Md. R. 1110)*
- *Administrative History: Regulation .07 adopted effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .07 amended effective April 19, 2010 (37:8 Md. R. 617)*
- *Administrative History: Regulation .08 adopted effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09 adopted effective October 10, 2016 (43:20 Md. R. 1110)*
- *Authority: Transportation Article, §§12-104(b), 16-208.1, 16-808, 16-812, and 16-820,Annotated Code of Maryland; 49 CFR §§383.51, 383.52, 384.208, and 384.210*
##### **COMAR 11.11.12.07** Licensing Limitations. {#sec-11.11.12.07 omnilex-key=us-md-regs-official--title-11--11.11.12.07}
A. The Administration may not issue any type of temporary, conditional, or work restricted license permitting an individual to drive a commercial motor vehicle during any period in which the individual's driving privilege is disqualified, refused, cancelled, suspended, or revoked in this or any other state in accordance with Transportation Article, §16-808, Annotated Code of Maryland, and 49 CFR §384.210.
B. An applicant for a commercial driver's license with a restriction imposed under Transportation Article, §16-113(a)(1), Annotated Code of Maryland shall be issued a commercial driver's license with the restriction if it is determined by the Medical Advisory Board that the individual is physically qualified to operate a commercial motor vehicle.
**History**
- *Administrative History: Effective date: September 30, 2005 (32:19 Md. R. 1588)*
- *Administrative History: Regulation .02B amended effective October 10, 2016 (43:20 Md. R. 1110)*
- *Administrative History: Regulation .07 adopted effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .07 amended effective April 19, 2010 (37:8 Md. R. 617)*
- *Administrative History: Regulation .08 adopted effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09 adopted effective October 10, 2016 (43:20 Md. R. 1110)*
- *Authority: Transportation Article, §§12-104(b), 16-208.1, 16-808, 16-812, and 16-820,Annotated Code of Maryland; 49 CFR §§383.51, 383.52, 384.208, and 384.210*
##### **COMAR 11.11.12.08** Notification of Disqualification. {#sec-11.11.12.08 omnilex-key=us-md-regs-official--title-11--11.11.12.08}
A. After disqualifying a nonresident driver from operating a commercial motor vehicle, the Administration shall notify the licensing authority of the state that issued the commercial driver's license. The notice of disqualification shall:
(1) Be sent within 10 days of the disqualification; and
(2) Include the violation that resulted in the disqualification.
B. Upon notification from a licensing authority from another state that a Maryland resident driver has been disqualified from operating a commercial motor vehicle in that state, the Administration shall notify the resident driver of the disqualification from operating a commercial motor vehicle in Maryland. The notice of disqualification shall include:
(1) The violation that resulted in the disqualification; and
(2) The effective date of the disqualification.
**History**
- *Administrative History: Effective date: September 30, 2005 (32:19 Md. R. 1588)*
- *Administrative History: Regulation .02B amended effective October 10, 2016 (43:20 Md. R. 1110)*
- *Administrative History: Regulation .07 adopted effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .07 amended effective April 19, 2010 (37:8 Md. R. 617)*
- *Administrative History: Regulation .08 adopted effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09 adopted effective October 10, 2016 (43:20 Md. R. 1110)*
- *Authority: Transportation Article, §§12-104(b), 16-208.1, 16-808, 16-812, and 16-820,Annotated Code of Maryland; 49 CFR §§383.51, 383.52, 384.208, and 384.210*
##### **COMAR 11.11.12.09** Cancellation for Failure to Submit Current Medical Certification. {#sec-11.11.12.09 omnilex-key=us-md-regs-official--title-11--11.11.12.09}
A. If a commercial driver’s license holder fails to submit their medical certification as required under 49 CFR §§391.43 and 391.45, the Administration shall cancel the commercial driver’s license privilege of the holder.
B. The Administration may immediately reinstate the noncommercial Class C privilege of the driver in accordance with Transportation Article, §16-812(o), Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: September 30, 2005 (32:19 Md. R. 1588)*
- *Administrative History: Regulation .02B amended effective October 10, 2016 (43:20 Md. R. 1110)*
- *Administrative History: Regulation .07 adopted effective April 9, 2007 (34:7 Md. R. 699)*
- *Administrative History: Regulation .07 amended effective April 19, 2010 (37:8 Md. R. 617)*
- *Administrative History: Regulation .08 adopted effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .09 adopted effective October 10, 2016 (43:20 Md. R. 1110)*
- *Authority: Transportation Article, §§12-104(b), 16-208.1, 16-808, 16-812, and 16-820,Annotated Code of Maryland; 49 CFR §§383.51, 383.52, 384.208, and 384.210*
## **11.11.13** Ignition Interlock Program
##### **COMAR 11.11.13.01** Purpose. {#sec-11.11.13.01 omnilex-key=us-md-regs-official--title-11--11.11.13.01}
The Ignition Interlock System Program established by the Administration under Transportation Article, §16-404.1, Annotated Code of Maryland, requires certain individuals who are convicted of a certain offense under certain circumstances to participate in the Program, requires certain individuals to participate in the Program as a condition of modification of a license suspension or revocation, and allows certain individuals with an alcohol-related driving offense or conviction to participate in the Program as a condition of continued licensure. The purpose of this chapter is to establish the eligibility requirements for participation in the Program, to monitor the participants, and to define the administrative action to be taken if a participant violates the conditions or requirements of the Program.
**History**
- *Administrative History: Effective date: November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .02B amended effective October 1, 2016 (43:19 Md. R. 1073); October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .03 amended effective March 28, 2016 (43:6 Md. R. 409); October 1, 2016 (43:19 Md. R. 1073); December 12, 2024 (51:24 Md. R. 1081)*
- *Administrative History: Regulation .04A amended effective July 26, 2010 (37:15 Md. R. 999); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .04C adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .04D adopted effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .05B, C amended effective December 11, 2025 (52:24 Md. R. 1198)*
- *Administrative History: Regulation .05F, G adopted as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .05H adopted effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .07 amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .07 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .09 adopted effective October 1, 2016 (43:19 Md. R. 1073)*
- *Authority: Transportation Article, §§12-104(b), 16-205.1, 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.11.13.02** Definitions. {#sec-11.11.13.02 omnilex-key=us-md-regs-official--title-11--11.11.13.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Maryland Motor Vehicle Administration.
(2) “Approved service provider” or “service provider” has the meaning stated in Transportation Article, §16-404.1, Annotated Code of Maryland.
(3) “BAC” means the breath alcohol concentration determined by a breath analyzer that measures the amount of alcohol in an individual's breath.
(4) “Ignition interlock device” or “interlock device” means an ignition interlock system as defined under Transportation Article, §21-902.2, Annotated Code of Maryland.
(5) “Interlock” means the mechanism by which a motor vehicle is prevented from starting when the test result of an individual's breath alcohol analysis exceeds a preset alcohol concentration level.
(6) “Participant” means an individual enrolled in the Ignition Interlock System Program.
(7) “Program” means the Ignition Interlock System Program established by the Administration under Transportation Article, §16-404.1, Annotated Code of Maryland.
(8) “Reporting period” means the time period that begins at the time of installation of the ignition interlock device and reoccurs every 30 days thereafter until the successful completion of the Program.
(9) “Service Provider Certification” means an electronic verification that the data recorded by the device, and certified as accurate by the participant’s approved service provider, and transmitted to the Administration in the 3 consecutive months prior to the participant’s completion date did not contain any of the violations specified in Transportation Article, §16-404.1(n), Annotated Code of Maryland.
(10) “Successful completion” means satisfactorily fulfilling all the conditions for participation in the Program and the Administration is in receipt of the Service Provider Certification.
**History**
- *Administrative History: Effective date: November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .02B amended effective October 1, 2016 (43:19 Md. R. 1073); October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .03 amended effective March 28, 2016 (43:6 Md. R. 409); October 1, 2016 (43:19 Md. R. 1073); December 12, 2024 (51:24 Md. R. 1081)*
- *Administrative History: Regulation .04A amended effective July 26, 2010 (37:15 Md. R. 999); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .04C adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .04D adopted effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .05B, C amended effective December 11, 2025 (52:24 Md. R. 1198)*
- *Administrative History: Regulation .05F, G adopted as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .05H adopted effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .07 amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .07 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .09 adopted effective October 1, 2016 (43:19 Md. R. 1073)*
- *Authority: Transportation Article, §§12-104(b), 16-205.1, 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.11.13.03** Requirements for Enrollment in the Program. {#sec-11.11.13.03 omnilex-key=us-md-regs-official--title-11--11.11.13.03}
A. To enroll as a participant in the Program, an individual shall:
(1) Have a valid Maryland license that is not currently suspended, revoked, cancelled, or refused in this or any other state;
(2) Notify the Administration, in writing, of the individual's choice to participate in the Program;
(3) Have an interlock device installed in the individual's vehicle by an approved service provider;
(4) Surrender all Maryland driver's licenses, including a temporary license, or submit a signed statement certifying no driver's license is in the individual's possession;
(5) Submit the service provider's completed sealed enrollment form to a full service Administration office;
(6) Pay the required ignition interlock participation fee as set forth in COMAR 11.11.05; and
(7) Obtain a Maryland driver's license with an interlock restriction.
B. An individual will not receive credit for participation in the Program unless.
(1) All the requirements set forth in §A of this regulation have been complied with; and
(2) The individual obtains a restricted driver’s license before the earlier of 30 days from installation of the ignition interlock or their first ignition interlock monthly calibration.
C. An individual may only receive credit towards participation while they hold a valid driving privilege.
D. Except when the participant is a repeat offender subject to the provisions of Transportation Article, §16-205(e), Annotated Code of Maryland, an employer waiver, allowing the participant to drive an employer vehicle in the course of the participant’s employment during normal working hours, may be granted by the courts, or by the Administration, with submission of documentation of current employment and the need for the participant to operate the motor vehicle in the course of employment, in a form that is acceptable to the Administration.
E. An individual who requests an administrative hearing to show cause why the individual’s driver’s license should not be suspended or revoked is no longer eligible to participate in the Program unless:
(1) The individual withdraws the request for an administrative hearing and completes all the requirements set forth in §A of this regulation; or
(2) The individual’s license suspension or revocation is modified by a final decision of an administrative law judge of the Office of Administrative Hearings to allow participation in the Program.
F. If the device is installed in a vehicle not owned by the participant, the individual shall provide the Administration with a notarized signed statement from the owner of the vehicle authorizing the installation of the interlock device.
G. The participant shall abide by the terms and conditions of the service provider's agreement, including payment of all costs and fees associated with the Program.
H. The Administration ignition interlock participation fee may be waived for participants experiencing financial hardship as set forth in COMAR 11.11.11.02.
I. As a condition of continued enrollment in the Program, a participant shall have the interlock device serviced and data downloaded by a service provider, at a frequency not to exceed 30 days.
**Cross References**
11.11.13.04A(9)
**History**
- *Administrative History: Effective date: November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .02B amended effective October 1, 2016 (43:19 Md. R. 1073); October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .03 amended effective March 28, 2016 (43:6 Md. R. 409); October 1, 2016 (43:19 Md. R. 1073); December 12, 2024 (51:24 Md. R. 1081)*
- *Administrative History: Regulation .04A amended effective July 26, 2010 (37:15 Md. R. 999); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .04C adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .04D adopted effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .05B, C amended effective December 11, 2025 (52:24 Md. R. 1198)*
- *Administrative History: Regulation .05F, G adopted as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .05H adopted effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .07 amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .07 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .09 adopted effective October 1, 2016 (43:19 Md. R. 1073)*
- *Authority: Transportation Article, §§12-104(b), 16-205.1, 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.11.13.04** Violations of the Program. {#sec-11.11.13.04 omnilex-key=us-md-regs-official--title-11--11.11.13.04}
A. A participant is in violation of the Program requirements if the individual:
(1) Receives a suspension, revocation, refusal, or cancellation of the individual's driving privilege;
(2) Has the interlock device installed in a vehicle with an expired or invalid registration;
(3) Removes the interlock device without prior approval from the Administration;
(4) Operates a vehicle without an ignition interlock device installed in the vehicle;
(5) Tampers with, bypasses, damages, or otherwise removes or renders the ignition interlock device inoperable, or allows another individual to tamper with, bypass, or render the device inoperable;
(6) Attempts to start or operate a vehicle with a breath alcohol concentration greater than 0.025 percent, unless there is a subsequent test reading within 10 minutes that indicates a breath alcohol concentration below 0.026 percent;
(7) Fails to submit to a retest after starting the vehicle;
(8) Fails to operate the interlock-equipped vehicle at least 50 times during a reporting period as recorded on the interlock device;
(9) Fails to take the interlock-equipped vehicle to a scheduled monthly monitoring appointment with the service provider as set forth in Regulation .03F of this chapter;
(10) Fails to abide by the terms and conditions of the participant's agreement with the service provider;
(11) Allows another individual to blow into the interlock device while the participant is operating the vehicle;
(12) Participates in any other act or use of the interlock device that poses a threat to highway safety; or
(13) Receives an Order of Suspension under Transportation Article, §16-205.1, Annotated Code of Maryland.
B. The Administration shall notify the participant when one or more violations are found during a reporting period.
C. When a violation of the Program is found, there is a presumption that the violation has been committed by the participant when the person is not clearly visible and identifiable in the interlock device camera image.
D. If a participant alleged to have committed a violation of the requirements of §A(7) of this regulation is deaf or hard of hearing, the Administration shall consider this circumstance when evaluating whether to assess a violation prior to removal from the Program.
**Cross References**
11.11.03.09-1B
11.11.13.05A
**History**
- *Administrative History: Effective date: November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .02B amended effective October 1, 2016 (43:19 Md. R. 1073); October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .03 amended effective March 28, 2016 (43:6 Md. R. 409); October 1, 2016 (43:19 Md. R. 1073); December 12, 2024 (51:24 Md. R. 1081)*
- *Administrative History: Regulation .04A amended effective July 26, 2010 (37:15 Md. R. 999); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .04C adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .04D adopted effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .05B, C amended effective December 11, 2025 (52:24 Md. R. 1198)*
- *Administrative History: Regulation .05F, G adopted as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .05H adopted effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .07 amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .07 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .09 adopted effective October 1, 2016 (43:19 Md. R. 1073)*
- *Authority: Transportation Article, §§12-104(b), 16-205.1, 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.11.13.05** Removal from the Program. {#sec-11.11.13.05 omnilex-key=us-md-regs-official--title-11--11.11.13.05}
A. The Administration may remove a participant from the Program and reinstate the original suspension or revocation if the Administration finds any violation of the Program requirements set forth in Regulation .04 of this chapter.
B. The Administration may extend the participant's required period of participation:
(1) By 30 days for a violation of the Programs requirements set forth in Regulation .04A(6), (7), (8), or (10); or
(2) By 90 days from the date of a violation if in the last three months before a participant’s date of release from the program:
(a) The participant violates the requirements set forth in Regulation .04A(7); or
(b) The participant attempts to start a vehicle with a breath alcohol concentration of 0.04 percent or more, unless there is a subsequent test reading within ten minutes that indicates a breath alcohol concentration below 0.04 percent.
C. The Administration shall remove a participant from the Program and reinstate the original suspension or revocation if the Administration finds any violation of Program requirements set forth in Regulation .04A(1), (2), (3), (4), (5), (9), (11), (12), or (13).
D. The Administration shall notify the participant of the removal from the Program and reinstatement of a suspension or revocation, or of the Administration's decision to extend the participant's required period of participation in the Program.
E. Credit for the time served in the Program is not given to a participant removed from the Program before successfully completing the individual's required period of participation.
F. If a person is removed from the program before successfully completing the program, that person may request that the Administration allow re-enrollment and entry into the program no earlier than 30 days from the date of the participant’s removal.
G. A person who re-enters the program pursuant to this regulation shall be required to complete the full original period of assignment to the interlock program.
H. A person who fails to successfully complete the Program will not receive credit towards future participation in the program arising from the same incident.
**History**
- *Administrative History: Effective date: November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .02B amended effective October 1, 2016 (43:19 Md. R. 1073); October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .03 amended effective March 28, 2016 (43:6 Md. R. 409); October 1, 2016 (43:19 Md. R. 1073); December 12, 2024 (51:24 Md. R. 1081)*
- *Administrative History: Regulation .04A amended effective July 26, 2010 (37:15 Md. R. 999); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .04C adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .04D adopted effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .05B, C amended effective December 11, 2025 (52:24 Md. R. 1198)*
- *Administrative History: Regulation .05F, G adopted as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .05H adopted effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .07 amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .07 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .09 adopted effective October 1, 2016 (43:19 Md. R. 1073)*
- *Authority: Transportation Article, §§12-104(b), 16-205.1, 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.11.13.06** Response to Notice of Violation. {#sec-11.11.13.06 omnilex-key=us-md-regs-official--title-11--11.11.13.06}
The Administration may determine that a violation did not occur on receipt of verified documentation or other information satisfactory to the Administration from:
A. The participant, within 15 days of the notice of violation date, explaining why the participant contends the violation was not committed; or
B. The participant's interlock service provider, indicating a reported violation resulted from a malfunction of the installed device for which the participant was not responsible.
**History**
- *Administrative History: Effective date: November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .02B amended effective October 1, 2016 (43:19 Md. R. 1073); October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .03 amended effective March 28, 2016 (43:6 Md. R. 409); October 1, 2016 (43:19 Md. R. 1073); December 12, 2024 (51:24 Md. R. 1081)*
- *Administrative History: Regulation .04A amended effective July 26, 2010 (37:15 Md. R. 999); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .04C adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .04D adopted effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .05B, C amended effective December 11, 2025 (52:24 Md. R. 1198)*
- *Administrative History: Regulation .05F, G adopted as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .05H adopted effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .07 amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .07 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .09 adopted effective October 1, 2016 (43:19 Md. R. 1073)*
- *Authority: Transportation Article, §§12-104(b), 16-205.1, 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.11.13.07** Hearing Rights. {#sec-11.11.13.07 omnilex-key=us-md-regs-official--title-11--11.11.13.07}
A. An individual participating in the program who is notified by the Administration that the individual will be removed for violations of the Program under this chapter, may:
(1) Request a hearing on the suspension or revocation resulting from the removal from the Program; and
(2) Have the suspension held in abeyance pending the outcome of the administrative hearing.
B. The interlock unit shall remain installed in the vehicle until a final decision is rendered at the hearing regarding the individual’s participation in the interlock program.
**History**
- *Administrative History: Effective date: November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .02B amended effective October 1, 2016 (43:19 Md. R. 1073); October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .03 amended effective March 28, 2016 (43:6 Md. R. 409); October 1, 2016 (43:19 Md. R. 1073); December 12, 2024 (51:24 Md. R. 1081)*
- *Administrative History: Regulation .04A amended effective July 26, 2010 (37:15 Md. R. 999); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .04C adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .04D adopted effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .05B, C amended effective December 11, 2025 (52:24 Md. R. 1198)*
- *Administrative History: Regulation .05F, G adopted as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .05H adopted effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .07 amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .07 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .09 adopted effective October 1, 2016 (43:19 Md. R. 1073)*
- *Authority: Transportation Article, §§12-104(b), 16-205.1, 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.11.13.08** Referral to Medical Advisory Board. {#sec-11.11.13.08 omnilex-key=us-md-regs-official--title-11--11.11.13.08}
This chapter does not limit the Administration's authority to:
A. Refer a participant to the Medical Advisory Board; or
B. Require that a participant in the Program be actively enrolled in or have completed a certified alcohol treatment or substance abuse program.
**History**
- *Administrative History: Effective date: November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .02B amended effective October 1, 2016 (43:19 Md. R. 1073); October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .03 amended effective March 28, 2016 (43:6 Md. R. 409); October 1, 2016 (43:19 Md. R. 1073); December 12, 2024 (51:24 Md. R. 1081)*
- *Administrative History: Regulation .04A amended effective July 26, 2010 (37:15 Md. R. 999); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .04C adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .04D adopted effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .05B, C amended effective December 11, 2025 (52:24 Md. R. 1198)*
- *Administrative History: Regulation .05F, G adopted as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .05H adopted effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .07 amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .07 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .09 adopted effective October 1, 2016 (43:19 Md. R. 1073)*
- *Authority: Transportation Article, §§12-104(b), 16-205.1, 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.11.13.09** Successful Completion. {#sec-11.11.13.09 omnilex-key=us-md-regs-official--title-11--11.11.13.09}
A. An individual has successfully completed the Program when:
(1) The participant satisfactorily fulfilled all the conditions for participation in the Program; and
(2) The Administration is in receipt of the Service Provider Certification as required in Transportation Article, §16-404.1(n), Annotated Code of Maryland.
B. A person who successfully completes the Program will receive credit towards future participation in the Program arising from the same incident.
**History**
- *Administrative History: Effective date: November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .02B amended effective October 1, 2016 (43:19 Md. R. 1073); October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .03 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .03 amended effective March 28, 2016 (43:6 Md. R. 409); October 1, 2016 (43:19 Md. R. 1073); December 12, 2024 (51:24 Md. R. 1081)*
- *Administrative History: Regulation .04A amended effective July 26, 2010 (37:15 Md. R. 999); October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .04C adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .04D adopted effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .05B, C amended effective December 11, 2025 (52:24 Md. R. 1198)*
- *Administrative History: Regulation .05F, G adopted as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .05H adopted effective October 1, 2016 (43:19 Md. R. 1073)*
- *Administrative History: Regulation .07 amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .07 amended as an emergency provision effective October 1, 2011 (38:21 Md. R. 1275); amended permanently effective December 12, 2011 (38:25 Md. R. 1582)*
- *Administrative History: Regulation .09 adopted effective October 1, 2016 (43:19 Md. R. 1073)*
- *Authority: Transportation Article, §§12-104(b), 16-205.1, 16-404.1, and 21-902.2, Annotated Code of Maryland*
## **11.11.14** Service of Process for Nonresident Drivers
##### **COMAR 11.11.14.01** Purpose and Scope. {#sec-11.11.14.01 omnilex-key=us-md-regs-official--title-11--11.11.14.01}
A. Under Courts and Judicial Proceedings, §6-313, Annotated Code of Maryland, the Administration shall serve as the agent to receive a subpoena, summons, or other process for a nonresident driver named in an action brought in a court of this State related to an accident or collision involving a motor vehicle occurring within the State of Maryland on or after October 1, 2008. The purpose of this chapter is to establish regulations to implement the service of process for nonresident drivers.
B. To the extent this chapter conflicts with any other provisions of this title, the provisions of this chapter shall prevail.
**History**
- *Administrative History: Effective date: April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §12-104; Courts and Judicial Proceedings, §6-313; Annotated Code of Maryland*
##### **COMAR 11.11.14.02** Definitions. {#sec-11.11.14.02 omnilex-key=us-md-regs-official--title-11--11.11.14.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Certification of last known residence” means a form required by the Administration stating the last known address of the nonresident as certified by the party or party's attorney of record seeking to serve the Administration as statutory agent on behalf of the nonresident.
(3) “Motor vehicle” has the meaning stated in Transportation Article, §11-135, Annotated Code of Maryland.
(4) “Investigation Division” means the Investigation Division of the Motor Vehicle Administration.
(5) “Nonresident” has the meaning stated in Transportation Article, §11-139, Annotated Code of Maryland.
(6) “Nonresident motor vehicle cases” means court cases involving motor vehicle accidents or collisions by nonresident drivers in which the Administration is authorized by law to accept service of process, as stated in Transportation Article, §12-104(f), Annotated Code of Maryland, and this chapter.
(7) “Service of process” means the service of a summons, subpoena, or other process issued under Court and Judicial Proceedings Article, §6-313, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §12-104; Courts and Judicial Proceedings, §6-313; Annotated Code of Maryland*
##### **COMAR 11.11.14.03** Authorization of Employees. {#sec-11.11.14.03 omnilex-key=us-md-regs-official--title-11--11.11.14.03}
Designated employees of the Investigation Division are authorized to receive the service of process on behalf of the Administration as statutory agent for out-of-State drivers in nonresident motor vehicle cases.
**History**
- *Administrative History: Effective date: April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §12-104; Courts and Judicial Proceedings, §6-313; Annotated Code of Maryland*
##### **COMAR 11.11.14.04** Request for Service of Process Requirements. {#sec-11.11.14.04 omnilex-key=us-md-regs-official--title-11--11.11.14.04}
A. Service of process shall be made on the Administration as statutory agent for a nonresident driver under this chapter by personal delivery to the Investigation Division of the Motor Vehicle Administration at 6601 Ritchie Highway, N.E., Glen Burnie, Maryland 21062.
B. An individual seeking service of process shall submit a request on a form approved by the Administration and include with the request form:
(1) A copy of the process;
(2) Certification of last known address of the nonresident driver; and
(3) Payment of the fee for service of process established in COMAR 11.11.05.06.
C. A separate request for service of process shall be made for each nonresident driver for which statutory service of process is sought.
**Cross References**
11.11.14.05A
11.11.14.06B(1)
**History**
- *Administrative History: Effective date: April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §12-104; Courts and Judicial Proceedings, §6-313; Annotated Code of Maryland*
##### **COMAR 11.11.14.05** Administration's Requirements. {#sec-11.11.14.05 omnilex-key=us-md-regs-official--title-11--11.11.14.05}
A. The Administration shall send a copy of the service of process to a nonresident driver upon the receipt of a completed application in which the applicant has met all the requirements set forth in Regulation .04 of this chapter.
B. The copy of the service of process shall be sent to the nonresident driver by certified mail with return receipt requested to the last known address certified by the applicant.
C. The Administration shall:
(1) File an affidavit certifying service compliance with the clerk of the court where the case was filed; and
(2) Provide a copy of the affidavit to the applicant requesting the service of process.
**History**
- *Administrative History: Effective date: April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §12-104; Courts and Judicial Proceedings, §6-313; Annotated Code of Maryland*
##### **COMAR 11.11.14.06** Exceptions. {#sec-11.11.14.06 omnilex-key=us-md-regs-official--title-11--11.11.14.06}
A. The Administration may not accept service of process as statutory agent under this chapter in any case that is not a nonresident motor vehicle case.
B. The Administration may not accept a request for service of process as statutory agent under this chapter in any case where:
(1) The requirements in Regulation .04 of this chapter have not been met;
(2) The person on whose behalf statutory service is sought is not a nonresident driver; or
(3) The cause of action was before October 1, 2008.
**History**
- *Administrative History: Effective date: April 6, 2009 (36:7 Md. R. 525)*
- *Authority: Transportation Article, §12-104; Courts and Judicial Proceedings, §6-313; Annotated Code of Maryland*
## **11.11.15** Refusal to Renew or Transfer a Vehicle Registration and Refusal to Renew a Driver's License for Failure to Pay Undisputed Taxes and Unemployment Insurance Contributions
##### **COMAR 11.11.15.01** Scope. {#sec-11.11.15.01 omnilex-key=us-md-regs-official--title-11--11.11.15.01}
A. This chapter contains procedures governing the refusal to renew or transfer a vehicle registration and the refusal to renew a driver's license of an applicant as a result of unpaid tax liabilities or unpaid unemployment insurance contributions.
B. This chapter applies to:
(1) Individuals for whom or entities for which the Comptroller has notified the Administration of failure to pay all undisputed taxes or failure to provide for payment in a manner satisfactory to the Comptroller; and
(2) Individuals for whom or entities for which the Maryland Department of Labor has notified the Administration of failure to pay undisputed unemployment insurance contributions or failure to provide for payment in a manner satisfactory to the Department.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.06 adopted as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); adopted permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Authority: Transportation Article, §§12-104(b), 13-809, and 13-812, Annotated Code of Maryland*
##### **COMAR 11.11.15.02** Definitions. {#sec-11.11.15.02 omnilex-key=us-md-regs-official--title-11--11.11.15.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Comptroller” means the Comptroller of Maryland or the Comptroller’s designee.
(3) “Driver’s license” has the meaning stated in Transportation Article, §11-116, Annotated Code of Maryland.
(4) "Maryland Department of Labor (MDL)” means the Secretary of Labor or the Secretary’s designee.
(5) “Release” means evidence that an applicant either has paid all undisputed taxes and unemployment contributions payable to the Comptroller or the Maryland Department of Labor or has provided for payment in a manner satisfactory to the agency responsible for collection.
(6) “Undisputed tax liabilities” means an assessment of tax that has become final.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.06 adopted as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); adopted permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Authority: Transportation Article, §§12-104(b), 13-809, and 13-812, Annotated Code of Maryland*
##### **COMAR 11.11.15.03** Reporting Undisputed Taxes and Unemployment Insurance Contributions. {#sec-11.11.15.03 omnilex-key=us-md-regs-official--title-11--11.11.15.03}
A. The Comptroller or MDL shall transmit to the Administration, in a format and frequency agreed to by the Administration, Comptroller, and MDL:
(1) Undisputed tax liabilities;
(2) Releases for tax liabilities;
(3) Undisputed unemployment insurance contribution liabilities; and
(4) Releases for unemployment insurance contribution liabilities.
B. In the event the Comptroller or MDL transmits to the Administration records which the Administration is unable to match to the Administration’s records, the Administration shall notify the Comptroller or MDL of all unmatched names and partially matched names.
C. In the event the Administration notifies the Comptroller or MDL of unmatched names and partially matched names, the Comptroller or MDL shall attempt to match all unmatched names and partially matched names and transmit back to the Administration.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.06 adopted as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); adopted permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Authority: Transportation Article, §§12-104(b), 13-809, and 13-812, Annotated Code of Maryland*
##### **COMAR 11.11.15.04** Nonrenewal or transfer of Registration and Nonrenewal of Driver’s License. {#sec-11.11.15.04 omnilex-key=us-md-regs-official--title-11--11.11.15.04}
Upon notification to the Administration from the Comptroller or MDL that an individual or entity has failed to pay undisputed taxes or unemployment insurance contributions, or has failed to arrange for a plan of payment in a manner satisfactory to the agency responsible for collection, and upon a positive match to that individual in Administration records, the Administration shall refuse:
A. For any vehicle owned or co-owned by applicant:
(1) To renew the vehicle registration;
(2) To transfer the vehicle registration;
(3) To issue a replacement tag;
(4) To issue a substitute set of tags; or
(5) To issue a substitute set of registration stickers; and
B. For the applicant’s driver’s license:
(1) To renew the driver’s license; or
(2) To renew the driver’s license with correction.
**Cross References**
11.11.15.06A
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.06 adopted as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); adopted permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Authority: Transportation Article, §§12-104(b), 13-809, and 13-812, Annotated Code of Maryland*
##### **COMAR 11.11.15.05** Notice of Proposed Action. {#sec-11.11.15.05 omnilex-key=us-md-regs-official--title-11--11.11.15.05}
The Administration shall advise the applicant:
A. That the registration renewal or transfer of any vehicle owned by the applicant and the renewal of the applicant’s driver's license will be refused; and
B. That the individual or entity must contact the Comptroller or MDL to resolve any questions regarding undisputed taxes and unemployment insurance contributions.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.06 adopted as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); adopted permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Authority: Transportation Article, §§12-104(b), 13-809, and 13-812, Annotated Code of Maryland*
##### **COMAR 11.11.15.06** Reinstatement. {#sec-11.11.15.06 omnilex-key=us-md-regs-official--title-11--11.11.15.06}
A. The Administration shall continue to refuse the transactions as set forth in Regulation .04 of this chapter for an applicant who has failed to pay undisputed taxes and unemployment insurance contributions, until the Administration receives evidence from the Comptroller or MDL that all tax liabilities and unemployment insurance contribution liabilities have been released.
B. The Comptroller or MDL shall notify the Administration on the next business day, excluding Maryland State holidays as defined in State Personnel and Pensions Article, §9-201, Annotated Code of Maryland, when satisfactory arrangements have been made to pay undisputed taxes and unemployment insurance contributions.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.06 adopted as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); adopted permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Authority: Transportation Article, §§12-104(b), 13-809, and 13-812, Annotated Code of Maryland*
## **11.11.16** Expungement of Public Motor Vehicle Administration Records
##### **COMAR 11.11.16.01** Purpose. {#sec-11.11.16.01 omnilex-key=us-md-regs-official--title-11--11.11.16.01}
The purpose of this chapter is to set standards and procedures for the expungement of a public driving record by the Motor Vehicle Administration, as set forth in Transportation Article, §16-117.1, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .02C amended effective October 19, 2020 (47:21 Md. R. 903)*
- *Authority: Transportation Article, §§12-104(b) and 16-117.1, Annotated Code of Maryland*
##### **COMAR 11.11.16.02** Expungement of a Public Driving Record. {#sec-11.11.16.02 omnilex-key=us-md-regs-official--title-11--11.11.16.02}
A. The public driving record entries of a licensee that are eligible for expungement shall be expunged within 31 days of becoming eligible for expungement.
B. Suspensions related to driver safety and revocations shall delay a licensee’s eligibility for expungement as set forth in Transportation Article, §16-117.1, Annotated Code of Maryland.
C. The Administration has determined that:
(1) The following driver’s license suspensions are not related to driver safety and become eligible for expungement 1 year after the suspension period ends:
(a) Upon death of a co-signer, as set forth in Transportation Article, §16-109, Annotated Code of Maryland;
(b) Failure to pay Child Support, as set forth in Transportation Article, §16-203, Annotated Code of Maryland;
(c) Outstanding Arrest Warrant, as set forth in Transportation Article, §16-204, Annotated Code of Maryland;
(d) Nonpayment of judgment, as set forth in Transportation Article, §17-204, Annotated Code of Maryland;
(e) Dispensing of motor fuel into a dirt bike in Baltimore City, as set forth in Transportation Article, §21-1128, Annotated Code of Maryland;
(f) Failure to appear or comply, as set forth in Transportation Article, §26-204, Annotated Code of Maryland;
(g) Failure to pay, as set forth in Transportation Article, §27-103, Annotated Code of Maryland;
(h) Possession of alcohol by a minor, as set forth in Criminal Law, §10-114 and Courts and Judicial Proceedings, §3-8A-19;
(i) Failure to pay for motor fuel, as set forth in Criminal Law, §7-104 and Transportation Article, §16-206.1, Annotated Code of Maryland;
(j) Improper use of a driver’s license or identification card by a minor to obtain alcohol, as set forth in Criminal Law Article, §10-113 and Courts and Judicial Proceedings Article, §3-8A-19, Annotated Code of Maryland;
(k) Noncompliance with traffic citation issued under federal law, as set forth in Transportation Article, §26-206 and Nonpayment of fine, as set forth in Transportation Article, §27-103, Annotated Code of Maryland; and
(l) Rejection by Maryland Automobile Insurance Fund, as set forth in Transportation Article, §17-105, Annotated Code of Maryland; and
(2) Driver license suspensions not listed under §C(1) of this regulation are related to driver safety.
**History**
- *Administrative History: Effective date: October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .02C amended effective October 19, 2020 (47:21 Md. R. 903)*
- *Authority: Transportation Article, §§12-104(b) and 16-117.1, Annotated Code of Maryland*
##### **COMAR 11.11.16.03** Refusal to Expunge a Public Driving Record. {#sec-11.11.16.03 omnilex-key=us-md-regs-official--title-11--11.11.16.03}
A. The Administration shall not expunge the public driving record entries of a licensee who:
(1) Is currently:
(a) Refused;
(b) Canceled;
(c) Suspended; or
(d) Revoked;
(2) Has a pending:
(a) Refusal;
(b) Cancellation;
(c) Suspension; or
(d) Revocation;
(3) Has a restricted license in lieu of a driver safety related suspension; or
(4) The Administration has determined has not driven a motor vehicle on the highways during the particular conviction-free period on which the expungement is based.
B. The Administration shall not expunge certain driving records entries, pursuant to Transportation Article, §16-117.1(d), Annotated Code of Maryland.
C. The Administration shall not expunge any driving record entries relating to a commercial driver’s license before the expiration of the time they are required to be retained under Transportation Article, §16-819, Annotated Code of Maryland, and in accordance with 49 CFR 384.
**History**
- *Administrative History: Effective date: October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .02C amended effective October 19, 2020 (47:21 Md. R. 903)*
- *Authority: Transportation Article, §§12-104(b) and 16-117.1, Annotated Code of Maryland*
## **11.12.01** Dealers and Salesmen
##### **COMAR 11.12.01.01** Definitions. {#sec-11.12.01.01 omnilex-key=us-md-regs-official--title-11--11.12.01.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Advertising” means any oral, written, or graphic statement which offers vehicles for sale or which indicates the availability of vehicles, including any statements or representations made in any newspaper, pamphlet, circular, other publication, including but not limited to electronic media, radio or television, and in or on any notice, sign, billboard, poster, bill catalog, letter, or business card.
(3) “Business license” means a license issued by the Administration under Transportation Article, Title 15, Subtitles 2—3, 5, and 6, Annotated Code of Maryland.
(4) “Clear and conspicuous” means a statement, representation, or term differing from other statements, representations, or terms being made so as to be readily noticeable to the person to whom it is being disclosed either by its size, sound, length of time, color, placement in the advertisement, or the like.
(5) “Consumer goods” means, as referred to in these regulations, a vehicle offered for retail sale for use by individuals primarily for personal, family, or household purposes.
(6) “Dealer” has the meaning stated in Transportation Article, §15-101, Annotated Code of Maryland.
(7) “Dealer cost” means the total amount the dealer is invoiced by the manufacturer for a vehicle.
(8) “Demonstrator” means a vehicle:
(a) Of the current or preceding model year for which a title has not been issued;
(b) Which has been:
(i) Used solely by the employees, officers, or principals of the dealer, manufacturer, or distributor; or
(ii) Driven for purposes of customer road testing;
(c) Which has been driven more than 500 miles, excluding dealer exchange mileage; and
(d) Which has never been sold to a retail customer, subject to §K of regulation .14 of this chapter.
(9) “Licensee” means an individual or business entity licensed by the Administration under Transportation Article, Title 15, Subtitles 2—6, Annotated Code of Maryland.
(10) “Location” means the fixed location from which business activities are conducted and that is specified in the application for the business license.
(11) “Occupational license” means a vehicle salesman’s license issued by the Administration under Transportation Article, Title 15, Subtitle 4, Annotated Code of Maryland.
(12) “Rebate, cash rebate, or other similar phrases” means a deduction granted by a dealer or manufacturer from an amount a purchaser pays to a dealer, or a return by a dealer or manufacturer of part of an amount given in payment by a purchaser to a dealer after a sale of a vehicle has been consummated.
(13) “Representative” means an employee of the business who acts on behalf of the licensee.
(14) “Service provider” has the meaning stated in Transportation Article, §13-610, Annotated Code of Maryland.
(15) “Vehicle salesman” has the meaning stated in Transportation Article, §15-101, Annotated Code of Maryland.
**Cross References**
11.12.01.14H(3)
11.12.01.23A
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.02** Dealer License. {#sec-11.12.01.02 omnilex-key=us-md-regs-official--title-11--11.12.01.02}
A. The Administration may refuse to grant a license to any person as a dealer or may suspend, revoke, or refuse to continue the license of a dealer already issued, unless the dealer is meeting the requirements set forth in this chapter.
B. A person applying for a dealer license shall submit the application in a format prescribed by the Administration, along with the fee as set forth in COMAR 11.11.05.
C. The business application for license shall state the full business name and all “trading as” or “doing business as” names. Example: ABC Pontiac—GMC—Nissan—Volvo, Inc.; T/A ABC Volvo, T/A ABC Nissan, T/A ABC Pontiac—GMC.
D. A licensee may not do business in a name or under any title or designation other than as registered with the Department of Assessment and Taxation (SDAT) and stated on the license application.
E. A dealer may hold multiple licenses, for example, new or used vehicle, motorcycle, and trailer dealers’ licenses, provided that the licenses are issued in the same dealership name.
F. A dealer license shall be issued for a 3-year period.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.03** Location Requirements. {#sec-11.12.01.03 omnilex-key=us-md-regs-official--title-11--11.12.01.03}
A. The Administration reserves the right to inspect each location before approval of application for dealer registration and at any time during licensure period.
B. Following approval of the application, the location shall be maintained in accordance with the applicable provisions of Transportation Article, Annotated Code of Maryland, and the regulations promulgated by the Administration.
C. Only one license for the type of vehicle being offered for sale will be permitted at any one location, and once the location has been licensed, it may not be subdivided for the purpose of establishing other businesses, under separate licenses for the same type of vehicle being offered for sale, without the prior approval of the Administration. This prohibition also applies to a licensee doing business under more than one corporate structure.
D. The dealership shall face, adjoin, and be fully visible from an improved street or highway that is accessible to the public and that is identifiable by name or postal number. The street or highway shall be used by the public for vehicular travel.
E. The location shall be of a size to adequately and safely permit the display of a minimum of ten vehicles and space for customer parking.
F. The location shall meet local zoning regulations.
G. The location shall be fully lighted.
H. The display and customer parking areas shall be adequately surfaced with an appropriate covering, subject to approval by the Administration.
I. The additional locations shall be inspected and approved by the Administration.
J. Additional locations shall meet the minimum standards set forth in applicable provisions of the Transportation Article, Annotated Code of Maryland, and the regulations promulgated by the Administration.
K. Additional locations may use registration plates issued to the primary location provided the trade name and ownership are identical to that of the primary location.
L. Locations shall have posted business hours.
M. Signs.
(1) Appropriate dealership signs shall be permanently affixed.
(2) The signs shall be of a size as to make them reasonably legible from the street or highway.
(3) The signs shall clearly identify the business conducted at the dealership and shall adequately direct the customers to the dealership office.
(4) As to wholesale dealers, a sign is not required. However, if a sign is displayed, it:
(a) Shall be permanently displayed at the dealership entrance;
(b) May not use any state emblem; and
(c) May not contain any language which implies the dealership will sell to or exchange vehicles with a retail buyer.
N. Wholesale dealers shall operate in a fixed location and the space used shall be:
(1) Owned or leased by the wholesale dealer; and
(2) Regularly occupied and exclusively used by the wholesale dealer for dealership purposes.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.04** Office Requirements. {#sec-11.12.01.04 omnilex-key=us-md-regs-official--title-11--11.12.01.04}
A. The dealership office shall be housed at the dealer’s fixed location and in a substantial building adequate and appropriate for the business so conducted.
B. The dealership office shall be of sufficient size to accommodate customers and, in order to reasonably conduct the dealership’s business, shall be equipped with:
(1) Office furniture, such as desk and chairs;
(2) A secure area for storage of State property; and
(3) Electricity, lighting, heat, and telephone service in the name of the dealership.
C. A dealer licensee approved or renewed after September 30, 2017, shall have a continuing contract with a firm that provides electronic registering and titling services to the dealership.
D. Be open for business to the public and open for inspection by the Administration during posted business hours.
E. A current trader’s license shall be issued by the political subdivision of each location.
F. This license shall be displayed as required under Regulation .07 of this chapter.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.05** Exemptions. {#sec-11.12.01.05 omnilex-key=us-md-regs-official--title-11--11.12.01.05}
A. If a location is otherwise adequate and appropriate, the location requirements outlined in Regulation .03D, E, G, and H of this chapter may be waived for wholesale dealers, for new trailer, boat trailer, motorcycle dealers, and for any person licensed as a dealer to sell only fire, rescue, and emergency medical motor vehicles, who shall have the privilege of assigning manufacturer’s certificates of origin and to issue temporary tags upon filing with the Administration a written franchise agreement from the manufacturer of the vehicles for which the dealer claims a franchise.
B. Once licensed as a dealer to sell fire, rescue, and emergency medical motor vehicles, the dealer shall be prohibited from selling any types of vehicles other than fire, rescue, and emergency medical motor vehicles until the location requirements in Regulations .03 and .04 of this chapter have been met.
C. Manufacturers and distributors are exempt from location requirements for the purpose of securing Class 1A registration plates.
D. The registration of a dealer in the names of two or more persons as partners, or otherwise, may not require a reinspection on a change in ownership as long as one person named as a partner or co-owner remains as the owner, part-owner, or, in a corporation, as one of its legal officers.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.06** Dealer’s Bond. {#sec-11.12.01.06 omnilex-key=us-md-regs-official--title-11--11.12.01.06}
A. The dealer’s bond shall be secured from a bonding company licensed to do business in Maryland.
B. Each applicant shall file with the Administration, in such form as the Administration shall approve, acceptable evidence of a surety bond in the amount required under Transportation Article, §15-308, Annotated Code of Maryland, which is for the use and benefit of the Administration and the public who may suffer or sustain any loss by reason of any violation of Transportation Article, Titles 12—15, 17, and 23, Annotated Code of Maryland, by a dealer.
C. The bonding company shall give the Administration at least 45 days’ notice by registered or certified mail of the cancellation of the dealer’s bond. Otherwise, the bond is to be considered as being in full force and effect until the notice is received by the Administration.
D. The bond shall run concurrently with the license period and continue, until cancelled, regardless of the number of license renewal periods.
E. The dealer shall notify the Administration and the dealer’s bonding company of any change in the factual or material matters represented or set forth in the application for bond.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.07** Display of License and Dealer’s Number. {#sec-11.12.01.07 omnilex-key=us-md-regs-official--title-11--11.12.01.07}
The dealer’s license shall be displayed conspicuously in the dealer’s place of business. This particular license is issued in addition to regular registration cards which shall accompany dealer registration plates. Additional licenses may be issued at no cost for each additional approved location, and each license shall be conspicuously displayed in the respective office for which it is issued.
**Cross References**
11.12.01.04F
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.08** Voluntary Cancellation or Termination of a Franchise. {#sec-11.12.01.08 omnilex-key=us-md-regs-official--title-11--11.12.01.08}
A. Upon voluntary cancellation or termination of franchise on the part of the dealer, licenses and registration plates shall be immediately returned to the Administration. However, the Administration may grant an extension, upon presentation of documentation acceptable to the Administration, for the purpose of concluding any business of the dealership regarding the disposition of the existing inventory.
B. The dealer shall continue to comply with the surety bond requirements of Transportation Article, §15-205, Annotated Code of Maryland, for any approved extension period.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.09** Duplicate License. {#sec-11.12.01.09 omnilex-key=us-md-regs-official--title-11--11.12.01.09}
If a dealer’s license becomes lost, mutilated, or illegible, the dealer shall make prompt application to the Administration for the issuance of a duplicate license. Application shall be made in a format prescribed by the Administration, accompanied by required fees as set forth in COMAR 11.11.05.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.10** Records. {#sec-11.12.01.10 omnilex-key=us-md-regs-official--title-11--11.12.01.10}
A. Records of the dealer business activities shall be preserved in their original form or a format approved by the Administration for a period of time as required by Transportation Article, §15-105, Annotated Code of Maryland.
B. The records shall be accessible at the location approved by the Administration. If location is other than the licensed location, an electronic or other copy must be maintained at the licensed location and consist of but not be limited to:
(1) Transactions regarding purchases, sales, and transfers of ownership, including those conducted with other licensed dealers and salesmen;
(2) Collection of excise tax, titling, and registration fees;
(3) Perpetual inventory of temporary registration plates, certificates, and registration permits assigned to and issued by the dealer. These records shall document the following:
(a) Accounting of temporary registration plates, certificates and permits issued; and
(b) An accounting of temporary registration plates, certificates and permits voided including an explanation of the reason for void;
(4) An assigned title for each untitled vehicle in the dealer’s inventory; and
(5) While the vehicle is in the possession of prospective retail customers, records documenting the:
(a) Name of each prospective retail customer of the vehicle;
(b) Beginning and ending odometer reading of the vehicle for the period each prospective retail customer had possession of the vehicle; and
(c) Dealer tag number of interchangeable plate displayed on the vehicle.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.11** Issuance of Temporary 60-Day Registration Permits. {#sec-11.12.01.11 omnilex-key=us-md-regs-official--title-11--11.12.01.11}
A. Each dealer shall electronically make application to the Administration for the temporary 60-day registration permits. Dealers may issue, on the date of delivery, one temporary 60-day registration permit to purchasers of vehicles, who possesses current registration plates issued to another vehicle under the laws of this State provided the registration plates are transferable pursuant to the provisions of the Transportation Article, Annotated Code of Maryland.
B. A dealer shall ensure that motor vehicle liability insurance is in effect before issuing a temporary 60-day registration permit.
C. If the Administrator finds that the dealer is not complying with the provisions of these regulations or the directives of the Administration, the Administrator may disable the rights of a dealership to issue temporary 60-day registration permits.
D. A person to whom a temporary 60-day registration permit has been issued shall permanently destroy the temporary 60-day registration permit immediately upon receiving the transfer registration card covering the annual registration plates, or on the 60th day from the date of issue of the temporary 60-day registration permit, whichever comes first.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.12** Issuance of 60-Day Temporary Registration Plates. {#sec-11.12.01.12 omnilex-key=us-md-regs-official--title-11--11.12.01.12}
A. The Administration may authorize 60-day temporary registration plates to a dealer after proper electronic application in a format prescribed by the Administration and payment of the required fees as set forth in COMAR 11.11.05.
B. Dealers may issue one 60-day temporary registration plate to a purchaser of a vehicle. Temporary registration plates may be issued on the date of delivery in those instances when delivery occurs on a date after the date of sale. The date of delivery as well as the date of sale shall be clearly reflected on the contract. The 60-day temporary registration certificate shall be signed by the person entitled to receive the plate and by the dealer or the dealer’s authorized agent.
C. A dealer shall ensure that motor vehicle liability insurance is in effect before issuing a 60-day temporary registration plate.
D. If a temporary registration plate is issued to commercial vehicles, the gross weight of the vehicles operating upon the temporary registration plate shall be:
(1) The allowable gross weight designated on the application for permanent plates; or
(2) If an application for permanent plates has not been submitted to the Administration, the maximum gross weight allowable for that vehicle.
E. If the Administrator finds that the dealer is not complying with the provisions of these regulations or the directives of the Administration, the Administrator may disable the rights of a dealership to issue temporary 60-day registration plates.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.13** Salesman’s Licensing. {#sec-11.12.01.13 omnilex-key=us-md-regs-official--title-11--11.12.01.13}
A. Applications for a salesman’s license shall be furnished to the Administration by a licensed dealer.
B. A vehicle salesman may not obtain or the Administration may not issue a license under the provisions of the Transportation Article, Annotated Code of Maryland, unless the salesman complies with the requirements set forth in Transportation Article, Title 13 and Title 15, Annotated Code of Maryland and the requirements contained in these regulations, and pays the required fee as set forth in COMAR 11.11.05.
C. A salesman shall buy and sell motor vehicles only for the dealer indicated upon the salesman’s license and may not be licensed by more than one licensed dealer at a given time except that a salesman licensed to act at a:
(1) New or used car dealership may act as a vehicle salesman at any new or used dealership that is at least 60 percent owned by the licensed dealer indicated on the salesman’s license; or
(2) Wholesale vehicle dealership may act as a vehicle salesman at any wholesale dealership that is at least 60 percent owned by the licensed wholesale dealer indicated on the salesman’s license.
D. The salesman’s license shall be in the possession of the salesman when the salesman is buying or selling motor vehicles and shall be displayed upon request.
E. A salesman shall immediately contact the Administration if there is any factual or material change in the information stated in the salesman’s license.
F. If a license becomes lost, mutilated, illegible, the salesman shall promptly make application to the Administration for the issuance of a duplicate or corrected license, as the case may be. Application shall be made on forms to be supplied by the Administration accompanied by required fees, as set forth in COMAR 11.11.05.
G. A dealer shall notify the Administration of a salesmen’s termination of employment as a salesmen, as set forth in Subtitle 15, Transportation Article, Annotated Code of Maryland.
H. Upon termination of employment the salesman shall return any applicable license to the Administration immediately.
I. If a salesman transfers employment to another dealership, a corrected license shall be issued upon receipt of a properly completed application, the fee as set forth in COMAR 11.11.05, and the invalid license.
J. Criminal Background Check.
(1) Upon application for issuance and renewal of a Salesman license an applicant shall furnish the Administration with an official copy of their criminal history record from the Criminal Justice Information System (CJIS) Central Repository of the Department of Public Safety and Correctional Services. The criminal history record shall be dated within 30 days of the submission date.
(2) In addition to the other grounds specified in Transportation Article, Title 15 Subtitle 1, Annotated Code of Maryland, for refusal, suspension, or revocation of a license, the Administration may refuse to grant a salesman’s license to any person and may suspend, revoke, or refuse to renew the license of any person if it finds that:
(a) The person has been convicted by final judgment in any court of a crime of moral turpitude; or
(b) The vehicle sales transactions of the person have been marked by a practice of failure to perform contracts or by fraud or bad faith.
(3) An applicant or salesman who requests an administrative hearing for a violation under paragraph (2)(a) above may:
(a) Contest whether the applicant or salesman has been convicted by final judgment in any court of a crime of moral turpitude; and
(b) Produce evidence to establish convincing proof of the applicant or salesman’s full and complete rehabilitation, and appropriateness for licensure.
K. Suspension of Salesman’s License.
(1) A salesman’s license shall be suspended by the Administration upon notification by the Department of Human Services, Child Support Enforcement Administration, that the salesman license holder’s failure to pay child support meets the criteria for suspension of a professional license pursuant to Family Law Article, §10-119.3, Annotated Code of Maryland.
(2) The Administration shall immediately reinstate any salesman’s license suspended for failure to pay child support if notified by the Department of Human Services, Child Support Enforcement Administration, that the suspension should be withdrawn.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.14** Dealers’ Advertising and Trade Practices. {#sec-11.12.01.14 omnilex-key=us-md-regs-official--title-11--11.12.01.14}
A. Presentation Requirements.
(1) A dealer may not advertise in any manner that is false, deceptive, or misleading or that misrepresents any vehicle offered for sale.
(2) Advertisements for the sale of new and used vehicles shall clearly and conspicuously identify the dealership by the corporate name or trade name as it appears on the application for dealer’s license.
(3) Advertising statements shall clearly identify the vehicle by manufacturer-designated year, make and model, type, equipment, price, trade-in allowance, terms or other claims. Terms or claims shall be factual and presented clearly and conspicuously.
(4) The use of layout, headlines, illustrations, style, sound, length of time, lighting, color, or type of size of an advertisement, or all of the above, may not obscure or make misleading any material fact in advertisement or sales presentation.
B. Price and Vehicle Identification.
(1) When the price of a vehicle is quoted, the advertisement shall clearly identify the vehicle as to, including but not limited to, make, year, model and special equipment. A price may not be quoted unless the vehicle or vehicles identified in the advertisement are currently available for sale to the public at the quoted price.
(2) The advertised price shall:
(a) Be the full delivered cash price, which the customer shall pay, except for taxes and title fees; and
(b) In the case of new vehicles, include any dealer processing charge and freight charge, unless the dealer clearly and conspicuously discloses the amount of these charges in the advertisement as required by Transportation Article, §15-311.1, Annotated Code of Maryland.
(3) Freight and dealer preparation charges may be excluded from manufacturer’s national advertising campaigns. However, the advertisement shall clearly and conspicuously disclose this fact.
C. Comparative Price and Savings Claims.
(1) Retail advertising may not imply that the dealer has a special relationship or connection to the manufacturer that other dealers do not have. Terms such as “wholesale”, “factory sale”, “factory discount”, “factory outlet”, “factory branch”, and similar terms used in connection with the manufacturer’s name (such as “manufacturer’s outlet”) are examples of terms that imply that a dealer has a special relationship or connection to a manufacturer that other dealers do not have.
(2) Statements such as “as low as”, “from”, or “priced from” may not be used in connection with the purchase price unless at least one vehicle is specifically identified and the requirements of §B of this regulation are complied with.
D. Advertising, Shipping, and Selling Practices.
(1) A vehicle offered for sale as consumer goods at a specific price by a dealer shall be in the possession of the dealer advertiser or be available for shipment to the dealer from the manufacturer or distributor. The vehicle shall be shown, demonstrated, and sold, or if a new vehicle, orders shall be taken for future delivery of the identical model at the advertised price and terms. If the advertised vehicle is a used vehicle, and it has been sold as consumer goods, the dealer advertiser shall substantiate, upon request, sales records of the previously advertised vehicle.
(2) A dealer offering a vehicle for sale as consumer goods may not charge the customer a fee for shipment of a used vehicle that is not available on the premises unless the shipping fee is clearly and conspicuously disclosed on a separate form entitled ‘Payment of a Non-Refundable Shipping Fee’, before the customer becomes obligated to pay the fee, on a form with signature of the customer using the language, “I UNDERSTAND THAT THE VEHICLE IS NOT PHYSICALLY PRESENT ON THE PREMISES AT THIS DEALER LOCATION AND WILL HAVE TO BE SHIPPED FROM ANOTHER LOCATION. EXCEPT AS PROVIDED BELOW IN ITEMS (A) THROUGH (D), I AGREE TO PAY THE SPECIFIED AMOUNT (INSERT SPECIFIED FEE), NOT TO EXCEED THE ACTUAL AMOUNT INCURRED BY THE DEALERSHIP AS A SHIPPING FEE, WHETHER OR NOT I AGREE TO PURCHASE THE VEHICLE. I UNDERSTAND THAT THIS FEE IN NO WAY OBLIGATES ME TO PURCHASE THE VEHICLE UPON DELIVERY. I UNDERSTAND THAT THIS FEE IS REFUNDABLE UNDER CERTAIN CIRCUMSTANCES LISTED BELOW:
(a) The Vehicle is materially different than advertised;
(b) The vehicle contains undisclosed cosmetic damage or mechanical deficiency that the seller will not repair at the seller’s expense;
(c) The vehicle contains undisclosed cosmetic damage or mechanical deficiency to the extent that it impacts the retail value classification of the vehicle prior to repairs being made as determined by referencing a nationally recognized vehicle value guide irrespective of the seller making repairs at the seller’s expense; or
(d) The vehicle or delivery violates any other provision of federal or state law.
(3) Nothing in this section precludes the fee being financed with the sale of the vehicle if the customer elects to purchase the vehicle.
(4) Payment of the shipping fee does not obligate the customer to accept and purchase the vehicle in any way.
(5) The shipping fee must be refunded if the vehicle:
(a) Is materially different than advertised;
(b) Contains undisclosed cosmetic damage or a mechanical deficiency that the seller will not repair at the seller’s expense;
(c) Contains undisclosed cosmetic damage or a mechanical deficiency to the extent that it impacts the retail value classification of the vehicle prior to repairs being made as determined by referencing a nationally recognized vehicle value guide irrespective of the seller making repairs at the seller’s expense; or
(d) The vehicle or delivery violates any other provision of federal or State law.
(6) The dealer shall inform the customer of the right to make a complaint with the Administration through use of the Investigative Decision Complaint Form if the customer elects not to purchase the vehicle or returns the vehicle and disagrees with a decision to not issue a refund for shipping charges.
(7) The practice of increasing the selling price of a vehicle above that originally quoted to a purchaser, after the purchaser has made an initial deposit or payment, either with money or with a trade-in, or signed contract is prohibited, unless the price is increased by the manufacturer. In this case, the dealer shall substantiate, upon request, evidence of the increase, and the customer shall have the right to cancel the contract.
(8) Advertising a vehicle at a price which does not include equipment with which it is fitted or is ordinarily fitted or eliminating any equipment for the purpose of advertising a low price and baiting the customer into charges above the advertised price is prohibited.
(9) Advertising the immediate availability of a new vehicle with the intent not to supply reasonable expectable public demand is prohibited unless the advertisement discloses a specific limitation of quantity.
(10) Advertising a sale or promotion in connection with the sale of a vehicle shall clearly and conspicuously disclose the expiration date, if any, and any other conditions of the sale or promotion, including but not limited to whether the supply is limited and, if so, in what manner.
(11) The advertising of a specific vehicle offered for sale when the advertised vehicle is not in stock on the date of the advertisement is prohibited unless the advertisement states “Not in Stock” or “Order Yours Now” or other phrases of similar import which clearly indicate that the vehicle is not available for immediate delivery and a reasonable estimate of the period of time in which delivery will be made.
(12) A dealer is not obligated to refund the shipping fee if the vehicle has been accepted by the customer and the customer has not revoked acceptance within a reasonable period of time.
E. Down Payments, Credit Terms.
(1) The amount of the down payment, or the balance after the down payment, may not be stated in such a manner as to permit the impression that it is the selling price of the vehicle.
(2) The statement “no money down”, or other similar phrases, means that the advertiser will deliver the vehicle, so described, to the purchaser without any initial payment or other initial obligation in any manner other than negotiating a lien contract for the advertised purchase price.
(3) The phrases “no finance charge”, “no carrying charge”, or expressions of similar phrases, may not be used when there is any type of a charge for financed transactions.
(4) Advertising shall comply with Regulation Z of the Federal Truth in Lending Act and Federal Trade Commission Act.
(5) Advertisements which offer special annual percentage rate financing shall disclose any special conditions or terms which shall be met before the annual percentage rate applies.
F. Discounts, Savings, Rebates, Trade-In Allowances.
(1) Advertisement statements which offer discounts, savings, rebates, and guaranteed trades shall:
(a) Include the original price as well as the full delivered cash price, which the customer shall pay, except for taxes and title fees; and
(b) In the case of new vehicles, the full delivered cash price shall include any dealer processing charge and freight charge, unless the dealer clearly and conspicuously discloses the amount of these charges in the advertisement as required by Transportation Article, §15-311.1, Annotated Code of Maryland.
(2) A specific price may not be stated in an advertisement as an offer for a trade-in, if the price so stated is contingent upon the condition, model, or age of the prospective buyer vehicles, without so stating in the advertisement. The use of phrases such as “up to” and “as much as” may not be considered as adequate explanation.
G. Repossessions. The term “repossessed” shall be used only to describe those vehicles legally repossessed as a result of failure of an owner to fulfill the conditions of a lien contract. Advertisers offering repossessed vehicles for sale, upon request, shall offer proof of the repossessions. The amount quoted as an unpaid balance shall be the full selling price unless otherwise stated.
H. Demonstrator Vehicle.
(1) Demonstrator vehicles are considered used vehicles if they have been driven for more than 7,500 miles.
(2) The term “new” may not be used as an adjective in the direct description of a demonstrator or used vehicle.
(3) Except as otherwise provided in §H(5) of this regulation, a dealer shall use the term “demonstrator” when advertising vehicles which meet the definition of that term as found in Regulation .01B(8) of this chapter.
(4) Before the sale of a demonstrator vehicle, the dealer shall provide to the retail customer a written disclosure in 10-point type, and separate from the purchase contract document, which states: “THIS VEHICLE IS A DEMONSTRATOR VEHICLE. IT IS A VEHICLE WHICH HAS BEEN USED BY THE EMPLOYEES, OFFICERS OR PRINCIPALS OF THE DEALER, MANUFACTURER OR DISTRIBUTOR, OR FOR CUSTOMER ROAD TESTING. FEDERAL LAW REQUIRES A BUYER’S GUIDE TO BE ATTACHED TO THE SIDE WINDOW OF THIS VEHICLE. YOU ARE WELCOME TO INQUIRE AS TO THE SPECIFIC USAGE OF THE VEHICLE FROM THE DATE OF ITS DELIVERY TO THE DEALER. YOU ARE ALSO WELCOME TO CONDUCT WHATEVER INSPECTION YOU DEEM APPROPRIATE PRIOR TO ENTERING INTO AN AGREEMENT TO PURCHASE THE VEHICLE.”
(5) A vehicle which has been a demonstrator shall be advertised as a used vehicle once it has accumulated mileage in excess of 7,500 miles, and the term “demonstrator” may not be used as an adjective in the direct description of the vehicle. However, these vehicles are not required to be registered or titled before transfer to a retail customer.
I. Disclosure of Vehicle Condition.
(1) A dealer shall notify the manufacturer of the existence of a nonconformity, defect, or condition as required by Commercial Law Article, §14-1502(f)(1)(i), Annotated Code of Maryland, and shall send a copy of the notification to the Administration as required by Commercial Law Article, §14-1502(f)(1)(i), Annotated Code of Maryland.
(2) If a motor vehicle is returned to a manufacturer or factory branch under Commercial Law Article, Title 14, Subtitle 15, Automotive Warranty Enforcement Act, the manufacturer or factory branch shall, upon transfer to a dealer, disclose this information to the dealer. The disclosure shall:
(a) Be in writing on a separate piece of paper in 10-point, all capital type; and
(b) State in a clear and conspicuous manner:
(i) That the vehicle was returned to the manufacturer or factory branch;
(ii) The nature of the defect, if any; and
(iii) The condition of the vehicle at the time it was transferred to the dealer.
(3) If a vehicle which has been returned to a manufacturer or factory branch is made available for resale by a dealer, the dealer shall provide a copy of the disclosure described in §I(2) of this regulation to the potential purchaser before the sale.
(4) After the vehicle is sold, the dealer shall send a copy of the disclosure described in §I(2) of this regulation, signed by the vehicle’s purchaser, to the Administration with the application of title.
J. Vehicle Damage Disclosure.
(1) If, before consummating the sale of a vehicle which has never been titled, the vehicle has sustained either body damage or mechanical damage resulting in repairs which exceed 3 percent of the Manufacturer Suggested Retail Price, the dealer shall fully disclose this information in writing to the prospective purchaser. The following apply:
(a) The disclosure shall specify who is providing warranty coverage on the replacement parts; and
(b) The dealer shall disclose any damage which may affect the:
(i) Manufacturer’s warranty;
(ii) Life expectancy of the vehicle; or
(iii) Safety of the vehicle.
(2) Upon request of the prospective purchaser or purchasers, the dealer shall provide a copy of the repair order illustrating the extent of repairs conducted to repair the damage.
(3) If a manufacturer or distributor transfers a vehicle which has never been titled to a dealership, the manufacturer or distributor shall disclose the information contained in §I(2) of this regulation to the dealership, if applicable.
K. A vehicle which has never been titled, but which has been previously delivered to a customer, may be subsequently sold as a new vehicle if the:
(1) Vehicle has not been used in a manner so as to destroy its newness; and
(2) Buyer is advised, in writing, of:
(a) The number of persons to whom the vehicle was previously delivered;
(b) The mileage accumulated on the vehicle while it was in the possession of each prior customer;
(c) The reason the prior customers returned the vehicle to the dealer;
(d) Any other information required by this regulation or any other State or federal law; and
(e) A written disclosure in 10-point type and separate from the purchase contract document which states: “PART OR ALL OF THE MILEAGE ON THE ODOMETER OF THIS VEHICLE RESULTED FROM PREVIOUS DELIVERY TO A RETAIL PURCHASER WHO NEVER TOOK TITLE TO THE VEHICLE. FEDERAL LAW REQUIRES A BUYER’S GUIDE TO BE ATTACHED TO THE SIDE WINDOW OF THIS VEHICLE. YOU ARE WELCOME TO INQUIRE AS TO THE SPECIFIC USAGE OF THE VEHICLE FROM THE DATE OF ITS DELIVERY TO THE DEALER. YOU ARE ALSO WELCOME TO CONDUCT WHATEVER INSPECTION YOU DEEM APPROPRIATE PRIOR TO ENTERING INTO AN AGREEMENT TO PURCHASE THE VEHICLE.”
L. Disclosure of Former Vehicle Use.
(1) Vehicles formerly used for a purpose other than a consumer good shall be clearly and conspicuously identified as to their former use. This includes, but is not limited to, vehicles formerly used:
(a) For public or governmental purposes and normally driven by multiple drivers;
(b) As executive driven vehicles;
(c) As demonstrators;
(d) For driver training;
(e) As taxicabs; or
(f) As short-term rental vehicles.
(2) The word “commercial”, or similar ambiguous terms, may not be used to describe these vehicles.
**Cross References**
11.12.01.01B(8)(d)
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.15** Vehicle Sales Contracts. {#sec-11.12.01.15 omnilex-key=us-md-regs-official--title-11--11.12.01.15}
A. Contracts. A vehicle sales contract or agreement shall be evidenced by an instrument in writing containing all of the agreements of the parties. It shall be signed by all parties before the seller delivers to the buyer the vehicle covered by the agreement.
B. Copy of Instrument. At the time the buyer signs the instrument, the seller shall deliver to him an exact copy of it. Until the buyer signs the instrument and receives a copy of it signed by the seller, the buyer or prospective buyer has an unconditional right to cancel the instrument or order and to receive immediate refund of all down payments or deposits made on account of, or in contemplation of, the agreement or order.
C. Terms of Down Payment.
(1) If, under any vehicle sales contract or agreement, the buyer is required to make one or more payments to the seller in addition to any down payments made at the time of the execution of the instrument before the seller is obligated to deliver the goods sold, then the buyer at any time before delivery or tender of the goods by the seller, may cancel the instrument. Thereupon, notwithstanding any provisions of the instrument, the seller shall be obligated to refund to the buyer, within 10 days after notice of the cancellation, an amount equal to at least 90 percent of all payments made by the buyer under the instrument, including any down payment. If the seller has placed an order for special optional equipment, paint, or similar items, or if, at the request of the buyer, the dealer has modified a vehicle which he has in stock, and the vehicle sales contract has been properly signed by all parties attesting to this fact, if the buyer subsequently cancels the contract before delivery or tender of the vehicle, the seller shall refund the down payment within 10 days after notice of the cancellation, less reasonable expenses incurred in the ordering of or the modification of the vehicle. The contract shall clearly disclose that the dealer may retain a portion of the deposit or down payment to cover any reasonable expenses incurred as a result of the cancellation of the contract. When a portion of the down payment or deposit is retained by the seller, the seller shall furnish the buyer with an itemized list reflecting all expenses incurred as a result of the cancellation of the contract. In disputed cases, the Administration shall decide whether the expenses claimed by the seller are reasonable.
(2) If, under a vehicle sales contract or agreement, a down payment is made at the time of its execution and the buyer thereby becomes entitled to delivery of the goods before making further payments, then, if the buyer refuses to accept delivery of the goods in accordance with the instrument, all or part of the down payment may be forfeited to the extent provided in the instrument.
D. Cost of Vehicle to be Set Forth. A contract for the sale of any vehicle by a dealer or salesman shall set forth clearly the principal amount of the cost of the vehicle and all interest or other charges made in connection with the sale of the vehicle.
E. Brakes. Dealers shall inform the buyer of a trailer in writing that the trailer brakes shall conform to the requirements of Transportation Article, §22-301, Annotated Code of Maryland.
F. When a purchase order or agreement includes the amount of trade-in allowance, subject to official acceptance and appraisal, that condition shall be clearly and conspicuously stated on the order or agreement. If the order, including the trade-in allowance, has been officially accepted, the trade-in allowance may not be decreased upon re-appraisal unless the condition of the vehicle has been changed due to accident, failure of or damage to major components, or removal or substitution of equipment or accessories.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.16** Sale of New Vehicles by Used Vehicle Dealers. {#sec-11.12.01.16 omnilex-key=us-md-regs-official--title-11--11.12.01.16}
A. Used vehicle dealers who purchase new vehicles for the purpose of resale shall first have those vehicles titled in this State, paying applicable excise tax based on the purchase price.
B. Before resale, those vehicles shall be inspected at an authorized inspection facility.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.17** Warranties. {#sec-11.12.01.17 omnilex-key=us-md-regs-official--title-11--11.12.01.17}
A. A dealer who sells a new motor vehicle in this State shall provide to the purchaser a notice that describes the rights and remedies available to consumers under the Maryland Automotive Warranty Enforcement Act, Commercial Law Article, Title 14, subtitle 15, Annotated Code of Maryland.
B. The notice in §A of this regulation shall be:
(1) Made available by the Motor Vehicle Administration in a format prescribed by the Administration;
(2) Reproduced by the dealer at the dealer’s cost for reproduction; and
(3) Given to the purchaser at the time of the sale or delivery of the motor vehicle.
C. Except as provided in Commercial Law Article, §2-316.1(4), a warranty may not contain language which specifically disclaims any implied warranty of merchantability or fitness. Examples of prohibited disclaimers are as follows:
(1) “This warranty is expressly in lieu of any other warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, and any other obligations or liabilities on the seller’s part”, or similar language that could be construed by a consumer to limit his recourse to the terms of express warranties.
(2) “This vehicle is being sold as is, without any implied or express warranty of merchantability”, or similar language.
(3) “Sold used with 50-50 warranty. The dealer hereby guarantees this vehicle for _____ days after ____________, 20____ with the understanding that necessary repairs made within this period of time will be charged half to the buyer and half to the dealer, of total retail cost of parts and labor used,” or similar language.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.18** Dismantling and Rebuilding. {#sec-11.12.01.18 omnilex-key=us-md-regs-official--title-11--11.12.01.18}
A. If a vehicle is sold for the purpose of dismantling or rebuilding, the term “rebuilding” means the restoring of a salvage vehicle, as set forth in Transportation Article, §13-506(b), Annotated Code of Maryland, or any vehicle which is inoperable due to the need for major or extensive repairs to the body, frame, suspension, engine, or drive train.
B. If a vehicle is sold for the purpose of dismantling or rebuilding, the dealer may not issue any form of temporary registration permit or temporary plate.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.19** Odometer Fraud. {#sec-11.12.01.19 omnilex-key=us-md-regs-official--title-11--11.12.01.19}
A. A dealer may not transfer a vehicle which contains an odometer reading which does not reflect the actual mileage of the vehicle unless the dealer truthfully informs the transferee in writing:
(1) That the odometer reading is not the actual mileage of the vehicle and should not be relied upon;
(2) That the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit of 99,999 miles/kilometers of the vehicle;
(3) That the odometer was repaired or replaced while in the dealer’s possession;
(4) That the repaired or replacement odometer was incapable of registering the same mileage as the odometer before repair or replacement;
(5) That the odometer was reset to zero; or
(6) Of the last known accurate odometer reading.
B. A dealer shall inform the transferee in writing if the dealer knows that the odometer in the vehicle has been altered, set back, disconnected, repaired, or replaced.
C. If the information concerning the odometer for a motor vehicle sold by a dealer is in error under §§A and B of this regulation, the dealer may not be subject to administrative disciplinary action if the dealer did not know, or could not have discovered with reasonable diligence, that the odometer reading or the information provided was incorrect.
D. In determining the degree of administrative disciplinary action for violating §A or B, the Administration shall consider whether the dealer accepts return of the vehicle from the transferee and refunds to the transferee the full purchase price including all excise tax, license fees, registration fees, and any similar governmental charges and any costs incurred by the transferee for repairs resulting from the excess mileage, less:
(1) An allowance per mile, as determined by the Internal Revenue Service, for the consumer’s use of the vehicle but not to exceed 15 percent of the purchase price; and
(2) A reasonable allowance for damages not attributable to normal wear.
E. When transferring a motor vehicle, a dealer shall comply with Federal Odometer Requirements, 49 CFR Part 580, as amended.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.20** Use of Interchangeable Dealer Registration Plates. {#sec-11.12.01.20 omnilex-key=us-md-regs-official--title-11--11.12.01.20}
A. In this regulation, “dealer registration plate” means an interchangeable metal license plate used by licensed vehicle dealers, manufacturers, distributors, and factory branches.
B. Display of Dealer Registration Plates by Licensed Dealers.
(1) A dealer registration plate may be displayed on a vehicle owned by a licensed dealer and used mainly for the dealer’s business purposes.
(2) A dealer registration plate may be displayed on a vehicle not owned by a licensed dealer, but in the possession of the dealer, if the dealer has the consent of the owner of the vehicle to this use.
(3) An owner, partner, or officer of the corporation who is listed on the application for a vehicle dealer’s license or any employee of the dealership may operate a vehicle displaying a dealer registration plate, subject to the other conditions of this regulation.
(4) A dealer registration plate may be displayed on a vehicle owned by the dealership and operated by a prospective buyer for demonstration purposes for a period of not more than 10 days, provided the prospective buyer has written authorization from the dealership for any use of the vehicle exceeding 1 day.
(5) A dealer registration plate may be displayed on a vehicle owned by the dealership and loaned to an educational institution as set forth in Transportation Article, §13-621, Annotated Code of Maryland.
C. Issuance of Dealer Registration Plates by the Administration.
(1) Dealers may apply to the Administration for the issuance of dealer registration plates.
(2) The Administration may issue up to five dealer registration plates to each licensed dealer in addition to two additional registration plates for each licensed salesman, upon payment of the required fee as set forth in COMAR 11.11.05.
(3) For good cause shown, the Administration may issue additional dealer registration plates upon application of the dealer.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.21** License Renewal — Staggered Basis. {#sec-11.12.01.21 omnilex-key=us-md-regs-official--title-11--11.12.01.21}
A. Each month during the calendar year, a proportionately uniform number of business licenses and salesmen licenses shall be renewed.
B. The Administration shall evaluate from time to time the monthly volume of renewals for the purpose of maintaining relatively uniform workloads. The monthly volume of renewals may be rescheduled by applying different expiration months.
C. Renewals shall be due on or before the last day of the month stated on the license. The license shall be considered suspended if the applicant has not met the requirements, or if the Administration is not in receipt of a properly completed renewal application at the close of business on the last day of the stated renewal month.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.22** Service Provider — Electronic Transmission of Titling and Registration Information. {#sec-11.12.01.22 omnilex-key=us-md-regs-official--title-11--11.12.01.22}
A. Service providers electronically transmitting titling and registration information to the Administration as set forth by Transportation Article, §13-610, Annotated Code of Maryland, may charge the transferee of the vehicle a service fee in addition to any fees specified in Transportation Article, §15.311.1, Annotated Code of Maryland, and COMAR 11.11.05. This service fee may not exceed $20 per electronic transmission.
B. Service fees charged under §A of this regulation are retained by the service provider and are not forwarded to the Administration.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
##### **COMAR 11.12.01.23** Refund of Licensing Fees. {#sec-11.12.01.23 omnilex-key=us-md-regs-official--title-11--11.12.01.23}
A. If a dealer license issued under Regulation .01 of this chapter is voluntarily canceled before the:
(1) Beginning of the second full year, the Administration shall refund the fee paid for the second and third license years; or
(2) Beginning of the third full year, the Administration shall refund the fee paid for the third license year.
B. Requests for refunds shall be submitted in writing, on forms provided by the Administration, after the cancellation of the registration and before the first day of the second registration year.
**Cross References**
11.15.31.09E(3)
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .02 amended effective December 1, 1978 (5:24 Md. R. 1798)*
- *Administrative History: Regulations .03 and .09 amended effective May 5, 1978 (5:9 Md. R. 685)*
- *Administrative History: Regulations .11 and .12C—F amended effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .12 amended effective April 6, 1979 (6:7 Md. R. 577)*
- *Administrative History: Regulation .12D amended effective December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulations .13P—S, .14D, .15, and .16 adopted effective February 4, 1976 (3:3 Md. R. 151)*
- *Administrative History: Regulation .15A, C amended effective August 25, 1978 (5:17 Md. R. 1331)*
- *Administrative History: Regulations .17 and .18 adopted effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Regulation .18 amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08, .10, .12—.14, .16, and .18 amended effective February 6, 1981 (8:3 Md. R. 227)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2752); May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .02F amended effective January 21, 1991 (18:1 Md. R. 30)*
- *Administrative History: Regulation .02N amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .02O adopted and .04A amended as an emergency provision effective July 18, 1985 (12:16 Md. R. 1602)*
- *Administrative History: Regulation .02O adopted and Regulations .02N and .04A amended as an emergency provision effective September 4, 1985 (12:19 Md. R. 1845); adopted permanently effective December 30, 1985 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .04 amended as an emergency provision effective September 1, 1988 (15:20 Md. R. 2331); adopted permanently effective December 26, 1988 (15:26 Md. R. 2985)*
- *Administrative History: Regulation .05B, E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .05D amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .07-1 adopted effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .08 amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .09 amended effective May 28, 1990 (17:10 Md. R. 1220); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .09A amended effective January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .09C adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .11 amended effective May 28, 1990 (17:10 Md. R. 1220); January 5, 2004 (30:26 Md. R. 1915)*
- *Administrative History: Regulation .11E amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .12 amended effective May 28, 1990 (17:10 Md. R. 1220); October 29, 2001 (28:21 Md. R. 1857)*
- *Administrative History: Regulation .12A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .12C amended effective May 18, 1998 (25:10 Md. R. 748)*
- *Administrative History: Regulation .13 amended effective June 19, 1995 (22:12 Md. R. 902); January 29, 1996 (23:2 Md. R. 95)*
- *Administrative History: Regulation .13A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13E amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .13J amended effective June 20, 1983 (10:12 Md. R. 1073); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13N amended effective June 20, 1983 (10:12 Md. R. 1073); October 17, 1988 (15:21 Md. R. 2468); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13P amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .14 amended effective August 15, 1983 (10:16 Md. R. 1454); May 19, 1986 (13:10 Md. R. 1157); November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Regulation .14A, I, K, L amended effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .14B, C, D amended effective July 28, 1986 (13:15 Md. R. 1734)*
- *Administrative History: Regulation .14C, G amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Administrative History: Regulation .14J amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .14K adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .14M adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .15E adopted effective November 30, 1987 (14:24 Md. R. 2555)*
- *Administrative History: Regulation .17 amended effective October 26, 1981 (8:21 Md. R. 1709); February 22, 1999 (26:4 Md. R. 273)*
- *Administrative History: Regulation .19 adopted effective September 12, 1983 (10:18 Md. R. 1609)*
- *Administrative History: Regulation .19 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .20 adopted effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .21 adopted effective August 6, 1990 (17:15 Md. R. 1861)*
- *Administrative History: Regulation .21B amended effective October 23, 2006 (33:21 Md. R. 1677)*
- *Administrative History: Regulation .21C amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 adopted effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .23 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .23A amended effective February 22, 1999 (26:4 Md. R. 274)*
- *Administrative History: Regulation .24 adopted effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .24 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
- *Administrative History: Regulation .25 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.25 repealed and new Regulations .01—.23 adopted effective March 13, 2017 (44:5 Md. R. 294)*
- *Administrative History: Regulation .01B amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .14D amended effective April 14, 2025 (52:7 Md. R. 323)*
- *Administrative History: Regulation .22 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102,15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland*
## **11.12.02** Title Service Agents
##### **COMAR 11.12.02.01** Definitions. {#sec-11.12.02.01 omnilex-key=us-md-regs-official--title-11--11.12.02.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “License” means a title service agent's license issued by the Administration under Transportation Article, Title 15, Subtitle 6, Annotated Code of Maryland.
(3) “Location” means the fixed location from which the title service agent conducts the activity of a title service agent and which is specified in the application for the license.
(4) “Representative” means an employee of the business who acts on behalf of the licensee.
(5) “Title service agent” has the meaning stated in Transportation Article, §15-601(c), Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01C amended effective May 12, 1976 (3:10 Md. R. 529)*
- *Administrative History: Regulations .03, .04, and .05 amended effective February 4, 1976 (3:3 Md. R. 152)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulation .02C amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.08 adopted effective January 29, 1996 (23:2 Md. R. 96)*
- *Administrative History: Regulation .03C, D amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .06 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .06A amended effective October 8, 2018 (45:20 Md. R. 918)*
- *Authority: Transportation Article, §§12-104(b), 15-102, 15-103, 15-105, 15-106, 15-108, and 15-604—15-606, Annotated Code of Maryland*
##### **COMAR 11.12.02.02** Licensing of Title Service Agents. {#sec-11.12.02.02 omnilex-key=us-md-regs-official--title-11--11.12.02.02}
A. An individual may not conduct the business of a title service agent unless the individual meets the requirements set forth in this chapter and is licensed.
B. A license may be obtained by submitting to the Administration in the form required by the Administration:
(1) An application;
(2) Zoning approval, as set forth in Regulation .03B of this chapter;
(3) A surety bond as set forth in Regulation .07 of this chapter; and
(4) The fee as set forth in COMAR 11.11.05.
C. The Administration may renew licenses every 2 years.
D. A licensed title service agent shall notify the Administration immediately of any change in the information submitted in the original application or a renewal application.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01C amended effective May 12, 1976 (3:10 Md. R. 529)*
- *Administrative History: Regulations .03, .04, and .05 amended effective February 4, 1976 (3:3 Md. R. 152)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulation .02C amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.08 adopted effective January 29, 1996 (23:2 Md. R. 96)*
- *Administrative History: Regulation .03C, D amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .06 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .06A amended effective October 8, 2018 (45:20 Md. R. 918)*
- *Authority: Transportation Article, §§12-104(b), 15-102, 15-103, 15-105, 15-106, 15-108, and 15-604—15-606, Annotated Code of Maryland*
##### **COMAR 11.12.02.03** Office Requirements. {#sec-11.12.02.03 omnilex-key=us-md-regs-official--title-11--11.12.02.03}
A. Before issuing a license, the Administration shall inspect and approve a title service agent's office.
B. Zoning of a Title Service Agent's Office.
(1) The office shall be located in an appropriately zoned location.
(2) An applicant for a license shall provide verification of zoning approval, if required by the local jurisdiction, in the form of a zoning certification.
(3) A title service agent who does not conduct business with the public at the licensed location may be exempt from local zoning requirements.
C. A title service agent's office shall be equipped with:
(1) A secure area for storage of State property; and
(2) Telephone service in the name of the title service business.
D. Signs. A title service agent's office shall have, unless prohibited by local ordinances, a sign which shall clearly indicate the type of business conducted at the office.
E. The license shall be displayed in the office.
**Cross References**
11.12.02.02B(2)
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01C amended effective May 12, 1976 (3:10 Md. R. 529)*
- *Administrative History: Regulations .03, .04, and .05 amended effective February 4, 1976 (3:3 Md. R. 152)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulation .02C amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.08 adopted effective January 29, 1996 (23:2 Md. R. 96)*
- *Administrative History: Regulation .03C, D amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .06 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .06A amended effective October 8, 2018 (45:20 Md. R. 918)*
- *Authority: Transportation Article, §§12-104(b), 15-102, 15-103, 15-105, 15-106, 15-108, and 15-604—15-606, Annotated Code of Maryland*
##### **COMAR 11.12.02.04** Records. {#sec-11.12.02.04 omnilex-key=us-md-regs-official--title-11--11.12.02.04}
A. Records Retention. A title service agent shall retain those records relating to the business for a minimum of 3 years. These records shall include, but are not limited to, transaction transmittal forms specified in Regulation .05 of this chapter and those records relating to the collection of:
(1) Excise tax;
(2) Titling and registration fees; and
(3) Other fees collected for the Administration.
B. These records shall identify the:
(1) Customer's file number;
(2) Customer's name and address;
(3) Vehicle's:
(a) Make,
(b) Year,
(c) Vehicle identification number;
(4) Type of transaction; and
(5) Fees collected for the Administration.
C. The records shall be readily available for inspection by the Administrator or the Administrator's designated representative.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01C amended effective May 12, 1976 (3:10 Md. R. 529)*
- *Administrative History: Regulations .03, .04, and .05 amended effective February 4, 1976 (3:3 Md. R. 152)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulation .02C amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.08 adopted effective January 29, 1996 (23:2 Md. R. 96)*
- *Administrative History: Regulation .03C, D amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .06 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .06A amended effective October 8, 2018 (45:20 Md. R. 918)*
- *Authority: Transportation Article, §§12-104(b), 15-102, 15-103, 15-105, 15-106, 15-108, and 15-604—15-606, Annotated Code of Maryland*
##### **COMAR 11.12.02.05** Transmittal Form. {#sec-11.12.02.05 omnilex-key=us-md-regs-official--title-11--11.12.02.05}
A. A title service agent shall send transactions to the Administration only on a transmittal form furnished by the Administration and in the manner required by the Administration.
B. The Administration shall return a receipted copy of the transmittal form to the title service agent.
**Cross References**
11.12.02.04A
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01C amended effective May 12, 1976 (3:10 Md. R. 529)*
- *Administrative History: Regulations .03, .04, and .05 amended effective February 4, 1976 (3:3 Md. R. 152)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulation .02C amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.08 adopted effective January 29, 1996 (23:2 Md. R. 96)*
- *Administrative History: Regulation .03C, D amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .06 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .06A amended effective October 8, 2018 (45:20 Md. R. 918)*
- *Authority: Transportation Article, §§12-104(b), 15-102, 15-103, 15-105, 15-106, 15-108, and 15-604—15-606, Annotated Code of Maryland*
##### **COMAR 11.12.02.06** Surety Bond. {#sec-11.12.02.06 omnilex-key=us-md-regs-official--title-11--11.12.02.06}
A. An applicant for a license shall file with the Administration, per business entity registered with the State Department of Assessments and Taxation, acceptable evidence of a surety bond in such form as the Administration shall approve and with a surety approved by the Administration in the sum set forth in Transportation Article, §15-604, Annotated Code of Maryland.
B. A bonding company shall give the Administration at least 45 days notice by registered or certified mail of the cancellation of a title service agent's bond, and the bond shall be considered to be in full force and effect for a period of at least 45 days after notice is given.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01C amended effective May 12, 1976 (3:10 Md. R. 529)*
- *Administrative History: Regulations .03, .04, and .05 amended effective February 4, 1976 (3:3 Md. R. 152)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulation .02C amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.08 adopted effective January 29, 1996 (23:2 Md. R. 96)*
- *Administrative History: Regulation .03C, D amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .06 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .06A amended effective October 8, 2018 (45:20 Md. R. 918)*
- *Authority: Transportation Article, §§12-104(b), 15-102, 15-103, 15-105, 15-106, 15-108, and 15-604—15-606, Annotated Code of Maryland*
##### **COMAR 11.12.02.07** Authorized Representatives. {#sec-11.12.02.07 omnilex-key=us-md-regs-official--title-11--11.12.02.07}
A. When applying for an original or renewal license, a title service agent shall provide the Administration, on a form furnished by the Administration, the names of employees and agents employed by the agent.
B. The Administration shall issue each employee or agent an identification card which authorizes the employee or agent to act on behalf of the title service agent.
C. The title service agent shall immediately surrender to the Administration the identification card of an employee or agent whose employment with the title service agent is terminated.
**Cross References**
11.12.02.02B(3)
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01C amended effective May 12, 1976 (3:10 Md. R. 529)*
- *Administrative History: Regulations .03, .04, and .05 amended effective February 4, 1976 (3:3 Md. R. 152)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulation .02C amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.08 adopted effective January 29, 1996 (23:2 Md. R. 96)*
- *Administrative History: Regulation .03C, D amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .06 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .06A amended effective October 8, 2018 (45:20 Md. R. 918)*
- *Authority: Transportation Article, §§12-104(b), 15-102, 15-103, 15-105, 15-106, 15-108, and 15-604—15-606, Annotated Code of Maryland*
##### **COMAR 11.12.02.08** Revocation or Suspension of License. {#sec-11.12.02.08 omnilex-key=us-md-regs-official--title-11--11.12.02.08}
After a hearing held in accordance with the provisions of the Administrative Procedure Act, the Administration may indefinitely suspend or revoke a license granted under the provisions of this chapter if a title service agent:
A. Has perpetrated a fraud against the Administration or the public;
B. Is advertising in such a manner as to imply that the agent is associated with or a part of the Administration or another State agency; or
C. Is conducting the business of a title service agent in a manner which is detrimental to the interests of the Administration or the public.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01C amended effective May 12, 1976 (3:10 Md. R. 529)*
- *Administrative History: Regulations .03, .04, and .05 amended effective February 4, 1976 (3:3 Md. R. 152)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 113)*
- *Administrative History: Regulation .02C amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.08 adopted effective January 29, 1996 (23:2 Md. R. 96)*
- *Administrative History: Regulation .03C, D amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .06 amended effective March 11, 2019 (46:5 Md. R. 306)*
- *Administrative History: Regulation .06A amended effective October 8, 2018 (45:20 Md. R. 918)*
- *Authority: Transportation Article, §§12-104(b), 15-102, 15-103, 15-105, 15-106, 15-108, and 15-604—15-606, Annotated Code of Maryland*
## **11.12.03** Automotive Dismantlers and Recyclers, and Scrap Processors
##### **COMAR 11.12.03.01** Licensing of Automotive Dismantlers and Recyclers, and Scrap Processors. {#sec-11.12.03.01 omnilex-key=us-md-regs-official--title-11--11.12.03.01}
A. A person may not obtain an automotive dismantler and recycler's or scrap processor's license under the applicable provisions of the Transportation Article unless the applicant for the license meets the requirements set forth in this chapter and pays the required fee as set forth in COMAR 11.11.05.
B. Every automotive dismantler and recycler or scrap processor location shall be subject to inspection by an authorized representative of the Administration before the approval of the application.
C. One automotive dismantler and recycler's or scrap processor's license shall be permitted for any one location.
D. Once the location has been licensed, it may not be subdivided for the purpose of establishing other businesses without the prior approval of the Administration.
E. An automotive dismantler and recycler, and scrap processor license shall be issued for a 2-year period.
F. An automotive dismantler and recycler or scrap processor shall use the Administration’s designee’s electronic system for all reporting required under this subtitle or Transportation Article, §15-511, Annotated Code of Maryland.
**Cross References**
11.12.03.08A
**History**
- *Administrative History: Effective date: November 19, 1973*
- *Administrative History: Regulation .06A amended effective October 13, 1976 (3:21 Md. R. 1207)*
- *Administrative History: Regulation .10 amended effective November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1980 (7:22 Md. R. 2074)*
- *Administrative History: Regulation .01A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .01E adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02 amended effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .05B amended effective October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .05C amended effective October 11, 1993 (20:20 Md. R. 1573); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .08 amended effective April 25, 1994 (21:8 Md. R. 674)*
- *Administrative History: Regulation .08A amended effective October 11, 1993 (20:20 Md. R. 1573)*
- *Administrative History: Regulation .08B amended effective October 14, 1991 (18:20 Md. R. 2199)*
- *Administrative History: Regulation .09 repealed effective October 14, 1991 (18:20 Md. R. 2199)*
- *Administrative History: Regulation .09 adopted effective April 25, 1994 (21:8 Md. R. 674)*
- *Administrative History: Regulation .10 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2012 (39:21 Md. R. 1376); amended permanently effective February 4, 2013 (40:2 Md. R. 72)*
- *Authority: Transportation Article, §§12-104(b) and 15-511, Annotated Code of Maryland*
##### **COMAR 11.12.03.02** Trader’s License, Zoning, and Locations Adjoining Water or in a Flood Plain. {#sec-11.12.03.02 omnilex-key=us-md-regs-official--title-11--11.12.03.02}
A. The applicant or licensee, or both, shall have a valid trader’s license. The trader’s license shall be displayed in the office of the licensed business in a conspicuous place.
B. The automotive dismantler and recycler or scrap processor location shall comply with all local ordinances, zoning regulations, and applicable State and federal laws.
**History**
- *Administrative History: Effective date: November 19, 1973*
- *Administrative History: Regulation .06A amended effective October 13, 1976 (3:21 Md. R. 1207)*
- *Administrative History: Regulation .10 amended effective November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1980 (7:22 Md. R. 2074)*
- *Administrative History: Regulation .01A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .01E adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02 amended effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .05B amended effective October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .05C amended effective October 11, 1993 (20:20 Md. R. 1573); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .08 amended effective April 25, 1994 (21:8 Md. R. 674)*
- *Administrative History: Regulation .08A amended effective October 11, 1993 (20:20 Md. R. 1573)*
- *Administrative History: Regulation .08B amended effective October 14, 1991 (18:20 Md. R. 2199)*
- *Administrative History: Regulation .09 repealed effective October 14, 1991 (18:20 Md. R. 2199)*
- *Administrative History: Regulation .09 adopted effective April 25, 1994 (21:8 Md. R. 674)*
- *Administrative History: Regulation .10 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2012 (39:21 Md. R. 1376); amended permanently effective February 4, 2013 (40:2 Md. R. 72)*
- *Authority: Transportation Article, §§12-104(b) and 15-511, Annotated Code of Maryland*
##### **COMAR 11.12.03.03** Office Requirements. {#sec-11.12.03.03 omnilex-key=us-md-regs-official--title-11--11.12.03.03}
A. The office shall be housed at the automotive dismantler and recycler's or scrap processor's fixed location and shall be adequate and appropriate for the business so conducted.
B. The office shall contain at least one desk, chair, and file cabinet and a telephone specifically used for business.
C. The Administration, in the exercise of its administrative discretion, may license scrap processors not geographically located within the boundaries of the State provided that the scrap processor maintains an office in the State that meets the approval of the Administration.
D. The automotive dismantler and recycler or scrap processor license issued by the Administration shall be displayed in a conspicuous place in the office of the automotive dismantler and recycler or scrap processor where the business is conducted.
E. Every licensed automotive dismantler and recycler or scrap processor shall use its business license number on all Administration forms, in the area provided for the number.
**History**
- *Administrative History: Effective date: November 19, 1973*
- *Administrative History: Regulation .06A amended effective October 13, 1976 (3:21 Md. R. 1207)*
- *Administrative History: Regulation .10 amended effective November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1980 (7:22 Md. R. 2074)*
- *Administrative History: Regulation .01A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .01E adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02 amended effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .05B amended effective October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .05C amended effective October 11, 1993 (20:20 Md. R. 1573); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .08 amended effective April 25, 1994 (21:8 Md. R. 674)*
- *Administrative History: Regulation .08A amended effective October 11, 1993 (20:20 Md. R. 1573)*
- *Administrative History: Regulation .08B amended effective October 14, 1991 (18:20 Md. R. 2199)*
- *Administrative History: Regulation .09 repealed effective October 14, 1991 (18:20 Md. R. 2199)*
- *Administrative History: Regulation .09 adopted effective April 25, 1994 (21:8 Md. R. 674)*
- *Administrative History: Regulation .10 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2012 (39:21 Md. R. 1376); amended permanently effective February 4, 2013 (40:2 Md. R. 72)*
- *Authority: Transportation Article, §§12-104(b) and 15-511, Annotated Code of Maryland*
##### **COMAR 11.12.03.04** Necessary Equipment for Scrap Processor. {#sec-11.12.03.04 omnilex-key=us-md-regs-official--title-11--11.12.03.04}
Scrap processors shall have a scale capable of handling vehicular traffic in addition to the equipment in Transportation Article, § 15-503(b). The Administration may approve other equipment capable of rendering the scrap acceptable to any smelting operation without further processing by the scrap processor.
**History**
- *Administrative History: Effective date: November 19, 1973*
- *Administrative History: Regulation .06A amended effective October 13, 1976 (3:21 Md. R. 1207)*
- *Administrative History: Regulation .10 amended effective November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1980 (7:22 Md. R. 2074)*
- *Administrative History: Regulation .01A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .01E adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02 amended effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .05B amended effective October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .05C amended effective October 11, 1993 (20:20 Md. R. 1573); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .08 amended effective April 25, 1994 (21:8 Md. R. 674)*
- *Administrative History: Regulation .08A amended effective October 11, 1993 (20:20 Md. R. 1573)*
- *Administrative History: Regulation .08B amended effective October 14, 1991 (18:20 Md. R. 2199)*
- *Administrative History: Regulation .09 repealed effective October 14, 1991 (18:20 Md. R. 2199)*
- *Administrative History: Regulation .09 adopted effective April 25, 1994 (21:8 Md. R. 674)*
- *Administrative History: Regulation .10 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2012 (39:21 Md. R. 1376); amended permanently effective February 4, 2013 (40:2 Md. R. 72)*
- *Authority: Transportation Article, §§12-104(b) and 15-511, Annotated Code of Maryland*
##### **COMAR 11.12.03.05** Inventory Reporting and Vehicle Identification Device. {#sec-11.12.03.05 omnilex-key=us-md-regs-official--title-11--11.12.03.05}
A. Every licensed automotive dismantler and recycler or scrap processor shall use its business license number when entering information into the Administration’s designee’s electronic system, on all forms, and in all advertisements, including any statements or representations made in any newspaper, pamphlet, circular, other publication, including but not limited to electronic media, radio or television, and in or on any notice, handbill, sign, billboard, poster, bill catalog, letter, or business card.
B. Every vehicle, body, or chassis reported in the Administration’s designee’s electronic system, and which is held for longer than the end of the first business day following the date of the transaction, shall be tagged with a numbered identification device which shall:
(1) Be furnished by the Administration;
(2) Be fastened securely to the vehicle in such a position as prescribed by the Administration; and
(3) Agree with the identification number listed for the vehicle on all forms required by the Administration and in the Administration’s designee’s electronic system.
C. Except as provided in §E(2) of this regulation, a licensed automotive dismantler and recycler or scrap processor shall:
(1) Transmit, electronically, to the Administration’s designee, by the end of the first business day following the date of the transaction, information on every vehicle acquired by the licensed automotive dismantler and recycler or scrap processor at the location for which the license was issued; and
(2) If not currently conducting business, submit a report of no business by the end of the month, even if there are no vehicles acquired or disposed of during the month.
D. Acquisition of Vehicles By a Scrap Processor From Other Than a Licensed Automotive Dismantler and Recycler.
(1) A printout of the notification made in accordance with §C(1) of this regulation, along with the certificate of title of the vehicle, or other documentary evidence of ownership acceptable to the Administration, shall be retained by the scrap processor for a period of 3 years.
(2) The Administration shall consider the date of acquisition as the date of destruction of the vehicle.
E. Transfer of a Vehicle From an Automotive Dismantler and Recycler To a Scrap Processor.
(1) Upon transfer of a vehicle from an automotive dismantler and recycler to a scrap processor, the automotive dismantler and recycler shall electronically notify the Administration’s designee of the conveyance of ownership.
(2) For vehicles that have been flattened or cubed, the scrap processor shall maintain a record of the business license of the automotive dismantler and recycler and the details of the transaction.
**Cross References**
11.12.03.07
**History**
- *Administrative History: Effective date: November 19, 1973*
- *Administrative History: Regulation .06A amended effective October 13, 1976 (3:21 Md. R. 1207)*
- *Administrative History: Regulation .10 amended effective November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1980 (7:22 Md. R. 2074)*
- *Administrative History: Regulation .01A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .01E adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02 amended effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .05B amended effective October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .05C amended effective October 11, 1993 (20:20 Md. R. 1573); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .08 amended effective April 25, 1994 (21:8 Md. R. 674)*
- *Administrative History: Regulation .08A amended effective October 11, 1993 (20:20 Md. R. 1573)*
- *Administrative History: Regulation .08B amended effective October 14, 1991 (18:20 Md. R. 2199)*
- *Administrative History: Regulation .09 repealed effective October 14, 1991 (18:20 Md. R. 2199)*
- *Administrative History: Regulation .09 adopted effective April 25, 1994 (21:8 Md. R. 674)*
- *Administrative History: Regulation .10 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2012 (39:21 Md. R. 1376); amended permanently effective February 4, 2013 (40:2 Md. R. 72)*
- *Authority: Transportation Article, §§12-104(b) and 15-511, Annotated Code of Maryland*
##### **COMAR 11.12.03.06** Storage. {#sec-11.12.03.06 omnilex-key=us-md-regs-official--title-11--11.12.03.06}
Vehicles acquired by automotive dismantlers and recyclers that have not been flattened or cubed may not be stored more than two high and shall be stored in a safe and secure manner readily accessible to inspection.
**History**
- *Administrative History: Effective date: November 19, 1973*
- *Administrative History: Regulation .06A amended effective October 13, 1976 (3:21 Md. R. 1207)*
- *Administrative History: Regulation .10 amended effective November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1980 (7:22 Md. R. 2074)*
- *Administrative History: Regulation .01A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .01E adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02 amended effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .05B amended effective October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .05C amended effective October 11, 1993 (20:20 Md. R. 1573); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .08 amended effective April 25, 1994 (21:8 Md. R. 674)*
- *Administrative History: Regulation .08A amended effective October 11, 1993 (20:20 Md. R. 1573)*
- *Administrative History: Regulation .08B amended effective October 14, 1991 (18:20 Md. R. 2199)*
- *Administrative History: Regulation .09 repealed effective October 14, 1991 (18:20 Md. R. 2199)*
- *Administrative History: Regulation .09 adopted effective April 25, 1994 (21:8 Md. R. 674)*
- *Administrative History: Regulation .10 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2012 (39:21 Md. R. 1376); amended permanently effective February 4, 2013 (40:2 Md. R. 72)*
- *Authority: Transportation Article, §§12-104(b) and 15-511, Annotated Code of Maryland*
##### **COMAR 11.12.03.07** Acceptable Forms of Documentary Evidence of Ownership. {#sec-11.12.03.07 omnilex-key=us-md-regs-official--title-11--11.12.03.07}
Except as provided in Regulation .05E(2) of this chapter, upon taking possession of a vehicle, or before dismantling, destroying, or scrapping the vehicle, an automotive dismantler and recycler or scrap processor must obtain one of the following forms of documentary evidence of ownership:
A. Certificate of Title;
B. Salvage Certificate;
C. For individuals not listed in the records of the Administration as the sole owner of the vehicle, Affidavit of Lawful Possession, accompanied by proof of notification pursuant to Transportation Article, §15-509, Annotated Code of Maryland;
D. For individuals listed in the records of the Administration as the sole owner of the vehicle, or an agent of the owner, Affidavit of Ownership, accompanied by documentation acceptable to the Administration to verify ownership of the vehicle;
E. If the vehicle was acquired from a law enforcement agency at an auction, an auctioneer’s receipt (VR-112) under Transportation Article, §§15-511 and 25-207(f), Annotated Code of Maryland;
F. Certificate of Authority to Dispose of an Abandoned Motor Vehicle to an Automotive Dismantler and Recycler or Scrap Processor (CS-78), authorized by a law enforcement agency under Transportation Article §25-209, Annotated Code of Maryland; or
G. Insurance Affidavit in Lieu of a Title, pursuant to Transportation Article, §13-506, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: November 19, 1973*
- *Administrative History: Regulation .06A amended effective October 13, 1976 (3:21 Md. R. 1207)*
- *Administrative History: Regulation .10 amended effective November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1980 (7:22 Md. R. 2074)*
- *Administrative History: Regulation .01A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .01E adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02 amended effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .05B amended effective October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .05C amended effective October 11, 1993 (20:20 Md. R. 1573); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .08 amended effective April 25, 1994 (21:8 Md. R. 674)*
- *Administrative History: Regulation .08A amended effective October 11, 1993 (20:20 Md. R. 1573)*
- *Administrative History: Regulation .08B amended effective October 14, 1991 (18:20 Md. R. 2199)*
- *Administrative History: Regulation .09 repealed effective October 14, 1991 (18:20 Md. R. 2199)*
- *Administrative History: Regulation .09 adopted effective April 25, 1994 (21:8 Md. R. 674)*
- *Administrative History: Regulation .10 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2012 (39:21 Md. R. 1376); amended permanently effective February 4, 2013 (40:2 Md. R. 72)*
- *Authority: Transportation Article, §§12-104(b) and 15-511, Annotated Code of Maryland*
##### **COMAR 11.12.03.08** Refund of Licensing Fees. {#sec-11.12.03.08 omnilex-key=us-md-regs-official--title-11--11.12.03.08}
A. If a license issued under Regulation .01 of this chapter is voluntarily canceled before the beginning of the second full year, the Administration shall refund the fee paid for the second license year.
B. Requests for refunds shall be submitted in writing, on forms provided by the Administration, after the cancellation of the registration and before the first day of the second registration year.
**History**
- *Administrative History: Effective date: November 19, 1973*
- *Administrative History: Regulation .06A amended effective October 13, 1976 (3:21 Md. R. 1207)*
- *Administrative History: Regulation .10 amended effective November 26, 1975 (2:27 Md. R. 1628)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1980 (7:22 Md. R. 2074)*
- *Administrative History: Regulation .01A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .01E adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: Regulation .02 amended effective May 2, 1988 (15:9 Md. R. 1109)*
- *Administrative History: Regulation .05B amended effective October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .05C amended effective October 11, 1993 (20:20 Md. R. 1573); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .08 amended effective April 25, 1994 (21:8 Md. R. 674)*
- *Administrative History: Regulation .08A amended effective October 11, 1993 (20:20 Md. R. 1573)*
- *Administrative History: Regulation .08B amended effective October 14, 1991 (18:20 Md. R. 2199)*
- *Administrative History: Regulation .09 repealed effective October 14, 1991 (18:20 Md. R. 2199)*
- *Administrative History: Regulation .09 adopted effective April 25, 1994 (21:8 Md. R. 674)*
- *Administrative History: Regulation .10 adopted effective May 6, 1996 (23:9 Md. R. 670)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective October 1, 2012 (39:21 Md. R. 1376); amended permanently effective February 4, 2013 (40:2 Md. R. 72)*
- *Authority: Transportation Article, §§12-104(b) and 15-511, Annotated Code of Maryland*
##### **COMAR 11.12.04** Professional Drivers Schools, Instructors, and Driver Education Program [Repealed] {#sec-11.12.04 omnilex-key=us-md-regs-official--title-11--11.12.04}
**History**
- *Administrative History: Effective date: July 1, 1974 (1:2 Md. R. 114)*
- *Administrative History: Regulation .04 amended effective July 6, 1977 (4:14 Md. R. 1082)*
- *Administrative History: Regulation .04C amended effective December 10, 1975 (2:28 Md. R. 1680)*
- *Administrative History: Regulation .04D amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulations .05A—D and .06B, D, H amended effective November 17, 1978 (5:23 Md. R. 1740)*
- *Administrative History: Regulation .05B and D amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .05E amended effective December 10, 1975 (2:28 Md. R. 1680); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .06D—F amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .08A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulations .09C and .10 amended effective October 15, 1975 (2:23 Md. R. 1415)*
- *Administrative History: Regulation .11C amended effective September 5, 1980 (7:18 Md. R. 1741)*
- *Administrative History: Regulation .12A amended effective September 5, 1980 (7:18 Md. R. 1741); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .13 amended effective July 7, 1976 (3:14 Md. R. 751); July 6, 1977 (4:14 Md. R. 1082)*
- *Administrative History: Regulation .13F amended effective July 20, 1981 (8:14 Md. R. 1228)*
- *Administrative History: Regulation .17 amended effective June 20, 1983 (10:12 Md. R. 1073)*
- *Administrative History: Regulation .18 amended effective October 15, 1975 (2:23 Md. R. 1415)*
- *Administrative History: Regulation .18A amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .18C amended effective May 12, 1976 (3:10 Md. R. 529); September 13, 1982 (9:18 Md. R. 1800)*
- *Administrative History: Regulation .19A, B, D amended effective November 17, 1978 (5:23 Md. R. 1740)*
- *Administrative History: Regulation .19B—D amended effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .19E amended effective November 4, 1977 (4:23 Md. R. 1735); November 23, 1981 (8:23 Md. R. 1857); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .20 amended effective September 22, 1978 (5:19 Md. R. 1446)Regulation .20B amended effective October 15, 1975 (2:23 Md. R. 1415)*
- *Administrative History: Regulation .21 amended effective May 30, 1980 (7:11 Md. R. 1039)*
- *Administrative History: Regulation .21B amended effective November 17, 1978 (5:23 Md. R. 1740); October 17, 1980 (7:21 Md. R. 1995); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .21E amended effective October 17, 1980 (7:21 Md. R. 1995); November 23, 1981 (8:23 Md. R. 1857); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .21F adopted effective January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .22 amended effective June 20, 1983 (10:12 Md. R. 1073)*
- *Administrative History: Regulation .23 amended effective June 30, 1978 (5:13 Md. R. 1064)*
- *Administrative History: Regulation .31A amended effective December 23, 1991 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .31B amended effective July 29, 1985 (12:15 Md. R. 1521)*
- *Administrative History: Regulation .33 amended effective May 12, 1976 (3:10 Md. R. 529); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .34A—D, F amended effective September 5, 1980 (7:18 Md. R. 1741)*
- *Administrative History: Regulation .34D amended effective July 29, 1985 (12:15 Md. R. 1521); July 23, 1990 (17:14 Md. R. 1758)*
- *Administrative History: Regulation .34E, F repealed effective July 23, 1990 (17:14 Md. R. 1758)*
- *Administrative History: Regulation .35B, C amended effective July 23, 1990 (17:14 Md. R. 1758)*
- *Administrative History: Regulation .36 amended effective July 23, 1990 (17:14 Md. R. 1758)*
- *Administrative History: Regulation .39 adopted effective January 13, 1978 (5:1 Md. R. 19)*
- *Administrative History: Regulation .39E amended effective November 23, 1981 (8:23 Md. R. 1857); January 1, 1992 (18:25 Md. R. 2752)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 4, 1994 (21:13 Md. R. 1158)*
- *Administrative History: Regulation .06C amended effective April 22, 1996 (23:8 Md. R. 606)*
- *Administrative History: Regulation .08A amended effective December 2, 1996 (23:24 Md. R. 1683)*
- *Administrative History: Chapter repealed effective July 1, 2001 (28:9 Md. R. 885)*
## **11.12.05** Public Information
##### **COMAR 11.12.05.01** Definitions. {#sec-11.12.05.01 omnilex-key=us-md-regs-official--title-11--11.12.05.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Applicant” means the person requesting inspection of public records.
(3) “Custodian” means an authorized person employed by the Division, having personal custody and control of records of an individual in an occupation or profession licensed by the Administration.
(4) “Division” means the Administration’s Division of Business Licensing and Consumer Services.
(5) “Occupation or profession” means a business, an occupation, or a profession for which an individual would be required to be licensed by the Administration under Transportation Article, Title 15, Annotated Code of Maryland.
(6) “Person in interest” means the person that is the subject of the public record.
**History**
- *Administrative History: Effective date: August 20, 1990 (17:16 Md. R. 1991)*
- *Administrative History: Regulation .01B amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .02 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .03 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .05 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .06 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: General Provisions Article, Title 4; Transportation Article, §§12-104(b) and 12-111; Annotated Code of Maryland*
##### **COMAR 11.12.05.02** Inspection of Occupational or Professional Records. {#sec-11.12.05.02 omnilex-key=us-md-regs-official--title-11--11.12.05.02}
Without a compelling public purpose, the custodian shall deny inspection of that part of a record that contains information about the licensing of an occupation or profession except as provided by General Provisions Article, §4-333(b), Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: August 20, 1990 (17:16 Md. R. 1991)*
- *Administrative History: Regulation .01B amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .02 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .03 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .05 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .06 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: General Provisions Article, Title 4; Transportation Article, §§12-104(b) and 12-111; Annotated Code of Maryland*
##### **COMAR 11.12.05.03** Exception for Compelling Public Purpose. {#sec-11.12.05.03 omnilex-key=us-md-regs-official--title-11--11.12.05.03}
The custodian may permit inspection of records other than those allowed under General Provisions Article, §4-333(b), Annotated Code of Maryland, if a compelling public purpose can be demonstrated.
**History**
- *Administrative History: Effective date: August 20, 1990 (17:16 Md. R. 1991)*
- *Administrative History: Regulation .01B amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .02 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .03 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .05 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .06 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: General Provisions Article, Title 4; Transportation Article, §§12-104(b) and 12-111; Annotated Code of Maryland*
##### **COMAR 11.12.05.04** Compelling Public Purpose Demonstrated. {#sec-11.12.05.04 omnilex-key=us-md-regs-official--title-11--11.12.05.04}
A compelling public purpose can be demonstrated under General Provisions Article, §4-333(b), Annotated Code of Maryland, if the applicant:
A. Has entered into, or contemplates entering into, a contract with the person in interest;
B. Is a federal, state, or local governmental agency;
C. Has filed a complaint with the Administration against the person in interest;
D. Has filed a surety bond claim against the surety of the person in interest; or
E. Is investigating a claim against the surety for a bond provided by the person in interest.
**History**
- *Administrative History: Effective date: August 20, 1990 (17:16 Md. R. 1991)*
- *Administrative History: Regulation .01B amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .02 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .03 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .05 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .06 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: General Provisions Article, Title 4; Transportation Article, §§12-104(b) and 12-111; Annotated Code of Maryland*
##### **COMAR 11.12.05.05** Access to Records When Compelling Public Purpose Demonstrated. {#sec-11.12.05.05 omnilex-key=us-md-regs-official--title-11--11.12.05.05}
If the custodian finds that a compelling purpose has been demonstrated and allows inspection of records other than those permitted by General Provisions Article, §4-333(b), Annotated Code of Maryland, the custodian may only permit inspection of the following:
A. If the applicant demonstrates a compelling public purpose under Regulation .04A, D, or E, the custodian may disclose records of:
(1) The number, nature, and administrative status of complaints filed with the Administration against the person in interest;
(2) The number, nature, and status of claims filed with the surety against the person in interest; and
(3) Reports of investigations and the results of those investigations pertaining to the complaints or claims disclosed under §A(1) or (2), of this regulation;
B. If the applicant demonstrates a compelling public purpose under Regulation .04C, the custodian may disclose only those records regarding information which pertains to the complaint filed by the applicant;
C. If the applicant demonstrates a compelling public purpose under Regulation .04B, the custodian shall permit inspection pursuant to Transportation Article, §12-111(b)(3), Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: August 20, 1990 (17:16 Md. R. 1991)*
- *Administrative History: Regulation .01B amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .02 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .03 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .05 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .06 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: General Provisions Article, Title 4; Transportation Article, §§12-104(b) and 12-111; Annotated Code of Maryland*
##### **COMAR 11.12.05.06** Disclosure Subject to Public Information Act. {#sec-11.12.05.06 omnilex-key=us-md-regs-official--title-11--11.12.05.06}
Disclosure of a record allowed for under this chapter is subject to the provisions of General Provisions Article, Title 4, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: August 20, 1990 (17:16 Md. R. 1991)*
- *Administrative History: Regulation .01B amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .02 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .03 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .05 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .06 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: General Provisions Article, Title 4; Transportation Article, §§12-104(b) and 12-111; Annotated Code of Maryland*
## **11.12.06** Issuance of Citations by Motor Vehicle Administration Personnel
##### **COMAR 11.12.06.01** Purpose. {#sec-11.12.06.01 omnilex-key=us-md-regs-official--title-11--11.12.06.01}
The purpose of this chapter is to establish:
A. Qualifications for employees designated under Transportation Article, §12-104.1, Annotated Code of Maryland, including prerequisites of character, training, experience, and education; and
B. Standards for the performance of the duties assigned to employees designated under Transportation Article, §12-104.1, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: December 9, 1991 (18:24 Md. R. 2644)*
- *Administrative History: Regulation .02B amended effective November 17, 1997 (24:23 Md. R. 1611); October 16, 2000 (27:20 Md. R. 1841)*
- *Authority: Transportation Article, §§12-104(b), 12-104.1 and 26-201, Annotated Code of Maryland*
##### **COMAR 11.12.06.02** Definitions. {#sec-11.12.06.02 omnilex-key=us-md-regs-official--title-11--11.12.06.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administrator” means the Administrator of the Maryland Motor Vehicle Administration or the Administrator's designated representative.
(2) “Citation” means a document issued under the authority of Transportation Article, §26-201, Annotated Code of Maryland, for violations of the following provisions:
(a) Transportation Article, Title 13, Annotated Code of Maryland, relating to:
(i) The vehicle excise tax,
(ii) Vehicle titling and registration,
(iii) Special registration plates for individuals with disabilities, and
(iv) Parking permits for individuals with disabilities;
(b) Transportation Article, Title 14, Annotated Code of Maryland, relating to falsified, altered, or forged documents and plates;
(c) Transportation Article, Title 15, Annotated Code of Maryland, relating to unlicensed business activity, and §§15-113 and 15-113.1, relating to maintenance of and access to required business records;
(d) Transportation Article, Title 16, Annotated Code of Maryland, relating to:
(i) Unlawful application for a driver's license, and
(ii) Vehicle operation during periods of cancellation, revocation, or suspension of a driver's license;
(e) Transportation Article, Title 17, Annotated Code of Maryland, relating to required security; and
(f) Transportation Article, Title 21, Annotated Code of Maryland, relating to special residential parking permits issued by the Administration.
(3) “Enforcement agent” means any person authorized to issue a citation under these regulations or Transportation Article, §12-104.1, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: December 9, 1991 (18:24 Md. R. 2644)*
- *Administrative History: Regulation .02B amended effective November 17, 1997 (24:23 Md. R. 1611); October 16, 2000 (27:20 Md. R. 1841)*
- *Authority: Transportation Article, §§12-104(b), 12-104.1 and 26-201, Annotated Code of Maryland*
##### **COMAR 11.12.06.03** General. {#sec-11.12.06.03 omnilex-key=us-md-regs-official--title-11--11.12.06.03}
The Administrator may:
A. Designate employees of the Investigative Division of the Motor Vehicle Administration as enforcement agents who shall be empowered to issue citations under the authority of Transportation Article, § 12-104.1, Annotated Code of Maryland; and
B. For good cause, remove the authority to issue citations granted to a person authorized as an enforcement agent.
**History**
- *Administrative History: Effective date: December 9, 1991 (18:24 Md. R. 2644)*
- *Administrative History: Regulation .02B amended effective November 17, 1997 (24:23 Md. R. 1611); October 16, 2000 (27:20 Md. R. 1841)*
- *Authority: Transportation Article, §§12-104(b), 12-104.1 and 26-201, Annotated Code of Maryland*
##### **COMAR 11.12.06.04** Employee Qualifications. {#sec-11.12.06.04 omnilex-key=us-md-regs-official--title-11--11.12.06.04}
A. Character.
(1) A person designated as an enforcement agent shall successfully pass a preemployment background investigation and may not have been convicted of a felony.
(2) A person designated as an enforcement agent who fails to maintain a good character shall be immediately relieved of the authority to issue citations under Transportation Article, § 12-104.1, Annotated Code of Maryland, and may not be reinstated as an enforcement agent without the express authority of the Administrator.
B. Training. A person designated as an enforcement agent shall be trained:
(1) In all provisions of the Transportation Article, Annotated Code of Maryland, with particular emphasis on Titles 11, 13, 17, and 26;
(2) In the preparation of citations, by an instructor who has been certified by the Maryland Police Training Commission; and
(3) In courtroom procedures.
C. Experience and Education. A person to be designated as an enforcement agent shall have a minimum of 3 years experience in an investigative or law enforcement capacity, or shall have satisfactorily completed a minimum of 3 years at an accredited college or university.
**History**
- *Administrative History: Effective date: December 9, 1991 (18:24 Md. R. 2644)*
- *Administrative History: Regulation .02B amended effective November 17, 1997 (24:23 Md. R. 1611); October 16, 2000 (27:20 Md. R. 1841)*
- *Authority: Transportation Article, §§12-104(b), 12-104.1 and 26-201, Annotated Code of Maryland*
##### **COMAR 11.12.06.05** Performance Standards for Enforcement Agents. {#sec-11.12.06.05 omnilex-key=us-md-regs-official--title-11--11.12.06.05}
Employees designated as enforcement agents under Transportation Article, § 12-104.1, Annotated Code of Maryland, and these regulations shall:
A. Conduct themselves in such a manner as to bring credit both to themselves and to the Motor Vehicle Administration;
B. Conduct themselves in a reasonable manner so as to avoid confrontations which may lead to personal injury or embarrassment to the Motor Vehicle Administration; and
C. Continually keep abreast of changes to all aspects of the law, regulations, and policies which may impact on their duties.
**History**
- *Administrative History: Effective date: December 9, 1991 (18:24 Md. R. 2644)*
- *Administrative History: Regulation .02B amended effective November 17, 1997 (24:23 Md. R. 1611); October 16, 2000 (27:20 Md. R. 1841)*
- *Authority: Transportation Article, §§12-104(b), 12-104.1 and 26-201, Annotated Code of Maryland*
## **11.12.07** Assessment of Fines
##### **COMAR 11.12.07.01** Standards. {#sec-11.12.07.01 omnilex-key=us-md-regs-official--title-11--11.12.07.01}
A. In determining whether to impose an administrative fine on a licensee for any violation under Transportation Article, Title 15, Annotated Code of Maryland, the Administration shall consider:
(1) The seriousness of the violation;
(2) The deleterious effect of the violation on others;
(3) Any acts of good faith on the part of the licensee;
(4) The licensee's history of previous violations; and
(5) Previous counseling or reprimands on the issues under consideration;
B. Failure to submit title and registration data, fees, and taxes may result in a standard fine which is assessed at a rate of:
(1) For a tag and title service that submits transaction information later than required by the contract between the tag and title service and the Administration, the standard fine shall be:
(a) For the first late day after the requirement to submit by contract, $30; and
(b) Increased by $1 per day thereafter.
(2) For a dealership that submits transaction information later than 30 days after the transaction date, the standard fine shall be:
(a) For the first day after 30 days, $30; and
(b) Increased by $1 per day thereafter.
C. Fines levied in §B of this regulation are the standard fines and can be adjusted as determined by the Administration based on circumstance. Nothing in this section limits additional administrative action as determined by the Administration including license suspension and revocation.
.
**History**
- *Administrative History: Effective date: March 20, 2000 (27:5 Md. R. 585)*
- *Administrative History: Regulation .01B amended effective March 30, 2026 (53:6 Md. R. 291)*
- *Administrative History: Regulation .01C adopted effective March 30, 2026 (53:6 Md. R. 291)*
- *Authority: Transportation Article, §§12-104(b), 15-110.1, 15-212, 15-315, 15-514, 15-607, 15-710, and 15-807, Annotated Code of Maryland*
##### **COMAR 11.12.08** Driver Education Program [Repealed — See COMAR 11.23] {#sec-11.12.08 omnilex-key=us-md-regs-official--title-11--11.12.08}
**History**
- *Administrative History: Effective date: July 1, 2001 (28:9 Md. R. 885)*
- *Administrative History: Regulation .03B amended effective December 18, 2006 (33:25 Md. R. 1952)*
- *Administrative History: Regulation .11A amended effective December 18, 2006 (33:25 Md. R. 1952)*
- *Administrative History: Regulation .12A amended effective December 18, 2006 (33:25 Md. R. 1952)*
- *Administrative History: Regulation .13K, L adopted effective December 18, 2006 (33:25 Md. R. 1952)*
- *Administrative History: Regulation .29A amended effective December 18, 2006 (33:25 Md. R. 1952)*
- *Administrative History: Regulation .33E amended effective December 18, 2006 (33:25 Md. R. 1952)*
- *Administrative History: Regulation .34D amended effective December 18, 2006 (33:25 Md. R. 1952)*
- *Administrative History: Regulation .40D amended effective December 18, 2006 (33:25 Md. R. 1952)*
- *Administrative History: ——————*
- *Administrative History: Chapter, Driver Education Program, repealed effective November 21, 2008 (35:23 Md. R. 2013)*
## **11.12.09** Driver Improvement Programs and 3-Hour Alcohol and Drug Education Programs
##### **COMAR 11.12.09.01** Programs. {#sec-11.12.09.01 omnilex-key=us-md-regs-official--title-11--11.12.09.01}
Driver rehabilitation and educational programs authorized under Transportation Article, §§16-212 and 16-212.1, Annotated Code of Maryland, are conducted by the Administration or through a private provider approved by the Administration. The programs include driver improvement programs (DIP) and 3-hour alcohol and drug education programs (3-Hour ADEP).
**Cross References**
11.12.09.02B(4)
11.12.09.04A
11.12.09.07A
11.12.09.07B
11.12.09.08A
**History**
- *Administrative History: Effective date: March 1, 2008 (35:2 Md. R. 127)*
- *Administrative History: Regulation .01 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .02B amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .04 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .05 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .06 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .07E amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Authority: Transportation Article, §§12-104(b), 16-103.1, 16-206, 16-212, 16-212.1, 16-404, Annotated Code of Maryland*
##### **COMAR 11.12.09.02** Definitions. {#sec-11.12.09.02 omnilex-key=us-md-regs-official--title-11--11.12.09.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Alcohol and Drug Abuse Administration” means the agency within the Maryland Department of Health that approves and certifies programs for the prevention and treatment of alcohol and drug abuse.
(3) “Alternate format” means a program approved by the Administration, which is taught with web-based or other electronic learning tools.
(4) “Alternate format provider” means a provider approved by the Administration to provide a program under Regulation .01 of this chapter in both classroom and alternate formats.
(5) “Attend” means to complete all:
(a) The classroom units of instruction in the approved curriculum and pass the end of program test; or
(b) Instructional units of the approved curriculum presented in an alternate format and pass the end of program test.
(6) “Classroom format” means a program conducted with the participant and an approved instructor in a classroom setting approved by the Administration.
(7) “DIP” means a driver improvement program approved by the Administration to provide driver rehabilitation and education.
(8) “Program” means a driver rehabilitation and education program authorized under Transportation Article, §§16-212 and 16-212.1, Annotated Code of Maryland, and this chapter.
(9) “Provider” means a business entity, organization, or individual approved by the Administration to conduct driver rehabilitation and educational programs.
(10) "3-Hour ADEP" means a 3-hour alcohol and drug education program approved by the Administration and the Alcohol and Drug Abuse Administration to provide alcohol and drug education.
**History**
- *Administrative History: Effective date: March 1, 2008 (35:2 Md. R. 127)*
- *Administrative History: Regulation .01 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .02B amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .04 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .05 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .06 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .07E amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Authority: Transportation Article, §§12-104(b), 16-103.1, 16-206, 16-212, 16-212.1, 16-404, Annotated Code of Maryland*
##### **COMAR 11.12.09.03** Application for Approval. {#sec-11.12.09.03 omnilex-key=us-md-regs-official--title-11--11.12.09.03}
A. A business entity, organization, or individual requesting approval to provide driver rehabilitation and education programs under this chapter shall submit to the Administration an application for approval.
B. An application shall be submitted for each rehabilitation and education program to be provided and a separate application is required for each program being presented in an alternate format.
**History**
- *Administrative History: Effective date: March 1, 2008 (35:2 Md. R. 127)*
- *Administrative History: Regulation .01 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .02B amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .04 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .05 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .06 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .07E amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Authority: Transportation Article, §§12-104(b), 16-103.1, 16-206, 16-212, 16-212.1, 16-404, Annotated Code of Maryland*
##### **COMAR 11.12.09.04** Approval Requirements. {#sec-11.12.09.04 omnilex-key=us-md-regs-official--title-11--11.12.09.04}
A. The Administration shall require a business entity, organization, or individual requesting approval to provide any of the programs under Regulation .01 of this chapter to sign an agreement stating that they will comply with this chapter and indicating the term of the approval period.
B. A provider shall:
(1) Comply with all State and local requirements to be licensed and authorized to do business in Maryland;
(2) Submit documentation acceptable to the Administration that the business office used to conduct business and the classrooms used to conduct courses or to administer tests meet all State and local building, zoning, fire, and safety regulations, codes, and standards for use as an office or classroom;
(3) Have no past due tax or other financial obligations due to Maryland;
(4) Maintain at least one business office, approved by the Administration, which:
(a) Is located within the borders of Maryland;
(b) Has posted business hours; and
(c) The Administration and customers may access during the posted business hours without prior notice;
(5) Have at least one classroom located within the borders of Maryland that has been inspected and certified to meet all required State and local building, zoning, fire, and safety regulations, codes, and standards including an up-to-date posted certificate identifying the maximum occupant capacity;
(6) Pay all application fees set forth in Regulation .05 of this chapter at the time the application is submitted to the Administration; and
(7) Designate the individuals authorized to transmit DIP and 3-Hour ADEP completion information to the Administration, and shall ensure that these individuals complete the Administration's authorization forms.
C. Operating Requirements. The provider shall:
(1) Use only instructors approved by the Administration for the specific program to be presented;
(2) Use only the curriculums, instructional materials, quizzes, tests, and forms approved by the Administration;
(3) Make operation and participant completion records available for inspection by the Administration's representatives without notice during the provider's posted business hours;
(4) Comply with the requirements of all applicable local, State, and federal anti-discrimination laws and regulations, including but not limited to, the Americans with Disabilities Act (ADA);
(5) Enroll provisional driver's license holders younger than 18 years old in only the classroom format for DIP; and
(6) Transmit DIP participant completion information to the Administration within 24 hours of completing the programs.
D. Information Requirements. Before enrollment, the provider shall make available the following information in writing, or in electronic format for alternate format programs, to program participants:
(1) Classroom and testing locations, dates, and times;
(2) The provider's established policy regarding program:
(a) Cancellations and postponements; and
(b) Course fees, payment methods, refunds, and any retest fees; and
(3) Notice that the:
(a) Updating of the participant's driving record is dependent on the provider transmitting the DIP completion information to the Administration within 24 hours of completing the program; and
(b) Administration may not remove a suspension or reinstate the participant's driving privilege until the provider submits the program completion information updates to the participant's driving record in those cases where a letter of assignment to the DIP was issued by the Administration.
E. Information Security and Documentation Retention Requirements. A provider shall:
(1) Identify, to the Administration, the individuals that will be authorized to transmit DIP and 3-Hour ADEP completion information to the Administration and ensure that the individuals are approved before conducting a DIP or 3-Hour ADEP;
(2) Notify the Administration within 24 hours if the individual authorized to transmit data to the Administration is no longer employed by the provider or no longer authorized to transmit completion information to the Administration;
(3) Accept full responsibility and indemnify the Administration for all claims by program participants when the provider fails to:
(a) Notify the Administration within 24 hours of the successful completion of the program by the participant; or
(b) Correct errors in transmitted participant completion information within 24 hours of notification by the Administration;
(4) Retain electronically or in paper format all participant enrollment, participation, and completion records for at least 3 years from the participant's completion date; and
(5) Secure all program records, including testing materials and answer templates in a manner acceptable to the Administration that protects the participant's privacy and ensures the integrity of the testing materials.
F. Additional Requirements for DIP Providers.
(1) A provider of DIP shall:
(a) Require each participant in a DIP to present a government issued driver's license or photo identification card;
(b) Require all participants enrolling in a DIP to present the Administration's letter of assignment to the program, if applicable, at the time of:
(i) Enrollment if the participant is completing a classroom format program; or
(ii) Final testing if using an alternate program format;
(c) Issue a certification of program completion to participants who successfully complete the program in a format required by the Administration that includes the:
(i) Provider's name, address, and phone number, and the Administration's provider identification number;
(ii) Participant's full name as it appears on the assignment letter, driver's license, or photo identification card;
(iii) Participant's driver's license number;
(iv) Date the program was completed; and
(v) Location where the program was completed;
(d) Submit electronically to the Administration the participant's completion reports within 24 hours after completion of the program;
(e) Correct all electronically submitted participant completion reports and re-submit to the Administration within 24-hours of discovery;
(f) Schedule a retest date with the participant at the time the individual fails the end of program test;
(g) Verify course completion before administering the final test;
(h) Notify the Administration 48 hours in advance of any non-emergency change in operational hours; and
(i) Notify the Administration before making any changes in a program.
(2) The final test in §F(1)(g) of this regulation shall contain at least 20 questions from the pool of 100 questions provided by the Administration. The pool of questions shall be used to create multiple and distinctly different tests to ensure that a test is not repeated until after a fourth retest.
(3) A provider of DIP may not:
(a) Issue a certification of completion to a participant who has not scored at least an 80 percent on the end of program test; or
(b) Allow a participant who fails the end of program test to retake the test on the same day the test is failed.
G. Additional Requirements for DIP and Alternate Format Providers.
(1) Alternate format providers shall meet the additional requirements of this section.
(2) The provider shall first be approved by the Administration as a classroom format provider for DIP in Maryland for 2 years before applying to the Administration to provide an alternate format DIP.
(3) All alternate format programs shall be offered through a secure website with an active security certificate acceptable to the Administration.
(4) The provider shall allow the Administration to access and monitor, at no cost, their alternate format programs.
(5) Alternate format programs shall require participants:
(a) To achieve a minimum score of 80 percent on the end of unit quizzes before moving to the next unit of instruction; and
(b) That do not achieve the 80 percent score on the unit quiz to repeat the unit before retaking the quiz.
(6) The end of program test alternate format programs shall occur only in a classroom setting approved by the Administration.
(7) The alternate provider may not allow a participant to retake the end of program test on the same day the test is failed.
(8) A provider may not permit a provisional driver's license holder younger than 18 years old to participate in an alternate format program.
(9) The alternate format provider shall have a help desk that participants can contact by phone, email, or facsimile if they are having a problem with the provider's electronic site or have questions regarding the programs. An Administration approved instructor shall respond to the participant for curriculum related issues by phone, email, or facsimile within 24 hours of being contacted by the participant.
(10) The provider's help desk service shall be available between the hours of noon and midnight, 7 days a week, 365 days a year, excluding Maryland State holidays as defined in State Personnel and Pensions Article, §9-201, Annotated Code of Maryland. If the 24-hour deadline occurs on a State holiday, the provider's deadline for response is extended another 24 hours. This information shall be provided to individuals before enrollment.
(11) The provider's program site shall be visually stimulating and interactive with enhancements such as simulations, sample assessment questions, and multimedia experiences. The provider's program site may not contain scanned snapshots of the Administration's approved curriculum. The provider's program site shall have clear images and a user-friendly layout.
H. Additional Documentation Requirements for 3-Hour ADEP Providers. A 3-Hour ADEP provider shall:
(1) Issue a certification of program completion to participants who successfully complete the program, in the manner and format required by the Administration that includes the:
(a) Provider's name, address, and phone number, and the Administration's provider identification number;
(b) Participant's full name and date of birth;
(c) Participant’s signature;
(d) Date of completion; and
(e) Location where the program was completed;
(2) Provide information regarding the program, instructors, and participants at the Administration's request and in the format established by the Administration;
(3) Use only instructors approved by the Administration and the Alcohol and Drug Abuse Administration; and
(4) Acknowledge that 3-Hour ADEP providers and instructors are also subject to regulations by the Alcohol and Drug Abuse Administration.
I. Additional Requirements for 3-Hour ADEP Alternate Format Provider.
(1) Alternate format providers shall meet the additional requirements of this section.
(2) The provider shall first be approved by the Administration as a classroom format provider for 3-Hour ADEP in Maryland for 2 years before applying to the Administration to provide an alternate format 3-Hour ADEP.
(3) All alternate format programs shall be offered through a secure website with an active security certificate acceptable to the Administration.
(4) The provider shall allow the Administration to access and monitor, at no cost, their alternate format programs.
(5) The provider shall construct an end of unit quiz for each section of the 3-Hour ADEP that:
(a) Consists of a minimum of five questions for each quiz;
(b) Does not duplicate questions from other quizzes; and
(c) Does not duplicate questions from the final program exam.
(6) Alternate format programs shall require participants:
(a) To achieve a minimum score of 80 percent on the end of unit quizzes before moving to the next unit of instruction; and
(b) That do not achieve the 80 percent score on the unit quiz to repeat the unit before retaking the quiz.
(7) The end of program test for 3-Hour ADEP alternate format programs shall occur only in a classroom setting approved by the Administration.
(8) The alternate 3-Hour ADEP provider may not allow a participant to retake the end of program test on the same day the test is failed.
(9) The alternate format provider for 3-Hour ADEP shall have a help desk that participants can contact by phone, email, or facsimile if they are having a problem with the provider's electronic site or have questions regarding the programs. An Administration approved instructor shall respond to the participant for curriculum related issues by phone, email, or facsimile within 24 hours of being contacted by the participant.
(10) The provider's help desk service shall be available between the hours of noon and midnight, 7 days a week, 365 days a year, excluding Maryland State holidays as defined in State Personnel and Pensions Article, §9-201, Annotated Code of Maryland. If the 24-hour deadline occurs on a State holiday, the provider's deadline for response is extended another 24 hours. This information shall be provided to individuals before enrollment.
(11) The provider's program site shall be visually stimulating and interactive with enhancements such as simulations, sample assessment questions, and multimedia experiences. The provider's program site may not contain scanned snapshots of the Administration's approved curriculum. The provider's program site shall have clear images and a user-friendly layout.
**Cross References**
11.12.09.07A
**History**
- *Administrative History: Effective date: March 1, 2008 (35:2 Md. R. 127)*
- *Administrative History: Regulation .01 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .02B amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .04 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .05 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .06 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .07E amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Authority: Transportation Article, §§12-104(b), 16-103.1, 16-206, 16-212, 16-212.1, 16-404, Annotated Code of Maryland*
##### **COMAR 11.12.09.05** Fees. {#sec-11.12.09.05 omnilex-key=us-md-regs-official--title-11--11.12.09.05}
A. Application Fee.
(1) An application fee under this chapter shall be established by the Administration.
(2) The application fee shall be submitted with each DIP and 3-Hour ADEP application.
(3) Application fees submitted to the Administration under this regulation are nonrefundable and are only applicable to DIP and 3-Hour ADEP.
B. Fees Charged by Providers.
(1) Program providers may establish and collect a reasonable fee for providing DIP and 3-Hour ADEP.
(2) Fees shall be collected for alternate format programs after the completion of the alternate format curriculum and before the end of program test.
(3) Fees for classroom format programs shall be collected at the time of enrollment.
(4) A provider shall issue a refund within 48 hours to a participant when the Administration determines a participant is entitled to a full or partial refund.
**Cross References**
11.12.09.04B(6)
**History**
- *Administrative History: Effective date: March 1, 2008 (35:2 Md. R. 127)*
- *Administrative History: Regulation .01 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .02B amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .04 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .05 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .06 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .07E amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Authority: Transportation Article, §§12-104(b), 16-103.1, 16-206, 16-212, 16-212.1, 16-404, Annotated Code of Maryland*
##### **COMAR 11.12.09.06** Instructor Requirements. {#sec-11.12.09.06 omnilex-key=us-md-regs-official--title-11--11.12.09.06}
A. An individual applying for approval to be a DIP instructor shall:
(1) Be 21 years old or older;
(2) Be a graduate from a standard high school or possess a state high school equivalence certificate;
(3) Have a valid driver's license, issued by Maryland or another state, without any alcohol, ignition interlock, or work-only or education-only restrictions;
(4) Have less than five active points on their driving record;
(5) Successfully complete, as of March 2008, an Administration approved DIP instructor certification course for DIP instructors or the required instructor training set forth in §B of this regulation for 3-Hours ADEP;
(6) Have no outstanding charges or convictions of any crime of moral turpitude, unless acceptable evidence is presented to the Administration that satisfactory rehabilitation has taken place for the charge or conviction; and
(7) Have no sex offense convictions or charges.
B. 3-Hour Alcohol and Drug Education Program Instructors.
(1) In addition to the requirements set forth in §A of this regulation, a 3-Hour ADEP instructor shall:
(a) Complete a course on the effects of alcohol and drugs, or an equivalent course as specified by the Office of Education and Training for Addictions Services, Maryland Department of Health;
(b) Be approved by the Alcohol and Drug Abuse Administration to instruct an alcohol and drug education program; or
(c) Complete the 3-Hour Alcohol and Drug Education instructor program approved by both the Administration and the Alcohol and Drug Abuse Administration.
(2) The Administration may waive all or part of the required instructor training for persons certified by the Maryland State Board of Education as teachers.
C. An individual approved by the Administration to teach DIP before March 2008 is not required to complete the DIP instructor certification course if the individual:
(1) Is currently approved by the Administration as a DIP instructor; and
(2) Has taught at least one DIP course each year for the last 3 consecutive years.
D. Instructor's Driver Records.
(1) An instructor of a program under this chapter shall maintain a satisfactory driving record while approved to teach the DIP and 3-Hour ADEP.
(2) An Administration approved provider for the DIP and 3-Hour ADEP is responsible for:
(a) Monitoring the instructor's driver record;
(b) Immediately notifying the instructor if the instructor's driving record is unsatisfactory;
(c) Not scheduling an instructor with an unsatisfactory driving record to teach DIP or 3-Hour ADEP; and
(d) Notifying the Administration by letter, email, or facsimile of the action taken by the provider against the instructor.
(3) The instructor's driving record is unsatisfactory when the instructor has:
(a) Been convicted of driving offenses, in this or any other state, that if such a conviction occurred in Maryland would result in an accumulation of five or more points on the instructor's driving record;
(b) Been charged or convicted of an offense involving alcohol, drugs, or controlled dangerous substances while operating a motor vehicle;
(c) Been charged or convicted of any felony involving the use of a motor vehicle; or
(d) Had their driving privileges canceled, suspended, revoked, or subject to alcohol, ignition interlock, work-only, or education-only restrictions.
**Cross References**
11.12.09.07D
**History**
- *Administrative History: Effective date: March 1, 2008 (35:2 Md. R. 127)*
- *Administrative History: Regulation .01 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .02B amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .04 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .05 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .06 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .07E amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Authority: Transportation Article, §§12-104(b), 16-103.1, 16-206, 16-212, 16-212.1, 16-404, Annotated Code of Maryland*
##### **COMAR 11.12.09.07** Approval Periods for Providers and Instructors. {#sec-11.12.09.07 omnilex-key=us-md-regs-official--title-11--11.12.09.07}
A. The approval period for a provider to offer a program under Regulation .01 of this chapter shall be identified in the agreement established in Regulation .04 of this chapter and may not exceed 2 years from the date of approval by the Administration, unless otherwise extended by the Administration through an addendum to the agreement.
B. Approval to offer any program under Regulation .01 of this chapter automatically expires at the end of the approval period as identified in the agreement, unless renewed by the Administration in accordance with the requirements of this chapter.
C. The Administration may terminate its approval and agreement for a provider to offer any program at any time if the provider fails to comply with any of the requirements set forth in this chapter or in the agreement.
D. The Administration may terminate its approval of an instructor at any time if the instructor fails to meet, or fails to continue to meet, the requirements of Regulation .06 of this chapter.
E. To maintain approval as a DIP or 3-Hour ADEP instructor, an individual shall teach at least two DIP programs each year.
**History**
- *Administrative History: Effective date: March 1, 2008 (35:2 Md. R. 127)*
- *Administrative History: Regulation .01 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .02B amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .04 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .05 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .06 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .07E amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Authority: Transportation Article, §§12-104(b), 16-103.1, 16-206, 16-212, 16-212.1, 16-404, Annotated Code of Maryland*
##### **COMAR 11.12.09.08** Renewal. {#sec-11.12.09.08 omnilex-key=us-md-regs-official--title-11--11.12.09.08}
A. A provider who requests to renew its approval to offer any of the programs under Regulation .01 of this chapter shall submit a renewal application with the fee, sign the Administrator's agreement, and provide documentation required by the Administration regarding the business office, classroom, Internet format, and approved instructors, not less than 30 days before the end of the approval period.
B. A separate renewal application shall be submitted for each program or format the provider requests to continue to offer. The Administration may combine all or part of the renewal applications on the same form.
**History**
- *Administrative History: Effective date: March 1, 2008 (35:2 Md. R. 127)*
- *Administrative History: Regulation .01 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .02B amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .04 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .05 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .06 amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Administrative History: Regulation .07E amended effective April 30, 2012 (39:8 Md. R. 536)*
- *Authority: Transportation Article, §§12-104(b), 16-103.1, 16-206, 16-212, 16-212.1, 16-404, Annotated Code of Maryland*
## **11.13.01** Vehicle Brakes
##### **COMAR 11.13.01.01** Motor Vehicle Hydraulic Brake Fluid. {#sec-11.13.01.01 omnilex-key=us-md-regs-official--title-11--11.13.01.01}
A. Pursuant to the provisions of Transportation Article, §22-305, Annotated Code of Maryland, the Motor Vehicle Administration adopts Federal Motor Vehicle Safety Standard Number 116, “Motor Vehicle Brake Fluids”, 49 CFR §571.116, as amended, which is incorporated by reference.
B. A person, firm, or corporation may not distribute, have for sale, offer for sale, or sell any hydraulic brake fluid, for use in motor vehicles, unless the hydraulic brake fluid complies with the safety standard set forth in §A of this regulation.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 amended effective June 17, 1996 (23:12 Md. R. 871); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulations .02—.04 repealed effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b) and 22-305, Annotated Code of Maryland; 49 CFR §571.116*
## **11.13.02** Pneumatic Vehicle Tires
##### **COMAR 11.13.02.01** Purpose and Applicability. {#sec-11.13.02.01 omnilex-key=us-md-regs-official--title-11--11.13.02.01}
A. The purpose of this chapter is to:
(1) Establish safety requirements for the sale and use of tires for vehicles operating on State highways; and
(2) Provide criteria to determine the safe operating condition of vehicle tires.
B. Applicability. This chapter is applicable to the sale or lease, offering for sale or lease, and use or intended use of tires on State highways.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.06 effective February 15, 1973*
- *Administrative History: Regulations .07—.15 effective December 1, 1973*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .02B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .09 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .10B, C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b), 22-405, 22-405.2, and 22-405.5, Annotated Code of Maryland*
##### **COMAR 11.13.02.02** Definitions. {#sec-11.13.02.02 omnilex-key=us-md-regs-official--title-11--11.13.02.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “GVWR” means gross vehicle weight rating.
(2) “Highway-use vehicle” means all vehicles that are operated upon the highways of this State, except special mobile equipment not designed to move with the normal flow of traffic.
(3) “Tire stud” means a pin made of a material having a hardness factor approximating tungsten carbide surrounded by a casing equipped with a flanging arrangement designed to retain the assembly into premolded holes in the tire tread surface.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.06 effective February 15, 1973*
- *Administrative History: Regulations .07—.15 effective December 1, 1973*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .02B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .09 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .10B, C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b), 22-405, 22-405.2, and 22-405.5, Annotated Code of Maryland*
##### **COMAR 11.13.02.03** Incorporation by Reference. {#sec-11.13.02.03 omnilex-key=us-md-regs-official--title-11--11.13.02.03}
A. In this chapter, the following documents are incorporated by reference.
B. Documents Incorporated.
(1) 49 CFR §571.109, as amended;
(2) 49 CFR §571.117, as amended;
(3) 49 CFR §571.119, as amended;
(4) 49 CFR §571.139, as amended; and
(5) 49 CFR 574, as amended.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.06 effective February 15, 1973*
- *Administrative History: Regulations .07—.15 effective December 1, 1973*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .02B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .09 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .10B, C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b), 22-405, 22-405.2, and 22-405.5, Annotated Code of Maryland*
##### **COMAR 11.13.02.04** Sale of Tires. {#sec-11.13.02.04 omnilex-key=us-md-regs-official--title-11--11.13.02.04}
A. A person, firm, or corporation may not sell, offer for sale, or distribute any new tire or any vehicle equipped with new tires for use on the highways of this State that do not comply with the applicable provisions of 49 CFR §§571.109, 571.119, and 571.139 and 49 CFR 574.
B. A tire manufacturer may not manufacture tires for sale or use as new tires in this State that do not comply with the applicable provisions of 49 CFR §§571.109, 571.119, and 571.139 and 49 CFR 574.
C. A retreaded tire shall be manufactured in accordance with the provisions of 49 CFR §571.117.
D. A person, firm, or corporation may not sell or offer for sale, other than to a tire dealer, a tire for use by a highway-use vehicle on the highways of this State that do not meet the requirements for safe operating condition contained in Regulation .08 of this chapter.
E. A person, firm, or corporation may not sell or offer for sale, other than to a licensed motor vehicle dealer, a highway-use vehicle for use on the highways of this State unless the vehicle is equipped with tires in safe operating condition as set forth in Regulation .08 of this chapter.
**Cross References**
11.13.02.07
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.06 effective February 15, 1973*
- *Administrative History: Regulations .07—.15 effective December 1, 1973*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .02B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .09 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .10B, C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b), 22-405, 22-405.2, and 22-405.5, Annotated Code of Maryland*
##### **COMAR 11.13.02.05** Use of Tires. {#sec-11.13.02.05 omnilex-key=us-md-regs-official--title-11--11.13.02.05}
A person may not operate or move, or cause to be operated or moved, a highway-use vehicle upon the highways unless the vehicle is equipped with tires in safe operating condition as set forth in Regulation .08 of this chapter.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.06 effective February 15, 1973*
- *Administrative History: Regulations .07—.15 effective December 1, 1973*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .02B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .09 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .10B, C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b), 22-405, 22-405.2, and 22-405.5, Annotated Code of Maryland*
##### **COMAR 11.13.02.06** Enforcement Procedure. {#sec-11.13.02.06 omnilex-key=us-md-regs-official--title-11--11.13.02.06}
A law enforcement officer, at any time, may stop a highway-use vehicle and inspect its tires for compliance with the provisions of these regulations. If the inspection discloses that a tire or tires of the vehicle are in violation, the officer shall issue a warning for defective equipment and mechanisms in accordance with Transportation Article, §23-104, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.06 effective February 15, 1973*
- *Administrative History: Regulations .07—.15 effective December 1, 1973*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .02B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .09 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .10B, C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b), 22-405, 22-405.2, and 22-405.5, Annotated Code of Maryland*
##### **COMAR 11.13.02.07** Penalties. {#sec-11.13.02.07 omnilex-key=us-md-regs-official--title-11--11.13.02.07}
Each violation of Regulation .04 of this chapter is a separate violation and is a misdemeanor.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.06 effective February 15, 1973*
- *Administrative History: Regulations .07—.15 effective December 1, 1973*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .02B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .09 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .10B, C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b), 22-405, 22-405.2, and 22-405.5, Annotated Code of Maryland*
##### **COMAR 11.13.02.08** Tire Safety Standards. {#sec-11.13.02.08 omnilex-key=us-md-regs-official--title-11--11.13.02.08}
A. A tire is considered in safe operating condition when it is not subject to rejection or considered unsafe for any of the causes listed in Regulation .09 of this chapter.
B. Inspection of Tires.
(1) Tires shall be visually inspected for:
(a) Bumps or bulges due to tread separation;
(b) Exposed ply or cord;
(c) Cord damage; and
(d) Tread depth.
(2) Tread depth shall be measured with a tread depth gauge or other suitable measuring device in any two or more adjacent tread grooves at three locations equally spaced around the circumference of the tire, at least one of which shall be at a point where the tread is thinnest exclusive of tie bars and tread wear indicators.
(3) Tread depth may be measured by visual inspection of the tread wear indicators when molded into the tire.
(4) Other tire inspection regulations are contained in COMAR 11.14.
**Cross References**
11.13.02.04D
11.13.02.04E
11.13.02.05
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.06 effective February 15, 1973*
- *Administrative History: Regulations .07—.15 effective December 1, 1973*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .02B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .09 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .10B, C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b), 22-405, 22-405.2, and 22-405.5, Annotated Code of Maryland*
##### **COMAR 11.13.02.09** Unsafe Tires. {#sec-11.13.02.09 omnilex-key=us-md-regs-official--title-11--11.13.02.09}
A tire is considered unsafe if it:
A. Has tread or sidewall cuts, cracks, or snags, or is otherwise damaged in such a manner as to expose body cords;
B. Has any bump or bulge due to tread separation;
C. Is worn to a tread design depth of less than 2/32 of an inch or is worn to a tread design depth of less than 4/32 of an inch for tires in front wheel positions on motor vehicles with a GVWR of more than 10,000 pounds;
D. Has been retreaded or recapped and is mounted on the steering axle of a passenger bus with a GVWR of more than 10,000 pounds;
E. Has been regrooved or recut except as authorized in Transportation Article, §22-405.1, Annotated Code of Maryland;
F. Is marked “not for highway use”, or “for racing purposes only”, or “unsafe for highway use” or has such other conditions or markings as may be reasonably demonstrated to render the tire unsafe for highway use;
G. Is not of the same size and type as other tires on the same axle;
H. Is labeled as a “tube type” and is mounted without a properly inflated tube.
**Cross References**
11.13.02.08A
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.06 effective February 15, 1973*
- *Administrative History: Regulations .07—.15 effective December 1, 1973*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .02B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .09 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .10B, C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b), 22-405, 22-405.2, and 22-405.5, Annotated Code of Maryland*
##### **COMAR 11.13.02.10** Studded Snow Tires. {#sec-11.13.02.10 omnilex-key=us-md-regs-official--title-11--11.13.02.10}
A. The purpose of this regulation is to regulate the sale and use of studded snow tires in Maryland and to establish standards for tire studs pursuant to the authority contained in Transportation Article, §22.405.2, Annotated Code of Maryland.
B. Sale and Use of Studded Snow Tires.
(1) A person may not sell or offer for sale studded snow tires in this State except in Allegany, Carroll, Frederick, Garrett, and Washington counties.
(2) From November 1 through March 31, vehicles registered in Allegany, Carroll, Frederick, Garrett, and Washington counties may be equipped with studded snow tires and may be operated only in Allegany, Carroll, Frederick, Garrett, and Washington counties.
C. Tire Stud Standards.
(1) Tire studs shall be constructed to employ a pin or core and a casing in such a manner as to regulate the protrusion of the tire stud beyond the tread surface of the tire. Tire stud pins or cores shall be constructed of a material with sufficient hardness characteristics to be effective in providing traction on hardpacked snow and ice. Tire studs shall be designed for maximum retention qualities when inserted in pre-molded holes in the tire tread surface.
(2) Tire studs shall be designed to regulate protrusion under all conditions of loading to a minimum of 1/32 inch (0.031 inch) and a maximum of 2/32 inch (0.062 inch). Tire stud diameters shall be limited to between 0.062 inch and 0.125 inch for the pin or core and between 0.187 inch and 0.250 inch for the casing.
(3) The maximum number of tire studs permitted to be installed into a tire shall be according to tire size and shall be calculated on the basis that the combined cross-sectional area of the stud assemblies may not exceed 1 1/4 percent (0.0125) of the total area of the tread surface, but the number of tire studs installed may not exceed 150 per tire.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.06 effective February 15, 1973*
- *Administrative History: Regulations .07—.15 effective December 1, 1973*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .02B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .09 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .10B, C amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b), 22-405, 22-405.2, and 22-405.5, Annotated Code of Maryland*
## **11.13.03** Bumpers for Class A, Class E, and Class M Motor Vehicles
##### **COMAR 11.13.03.01** Purpose. {#sec-11.13.03.01 omnilex-key=us-md-regs-official--title-11--11.13.03.01}
In accordance with Transportation Article, §22-105, Annotated Code of Maryland, the Motor Vehicle Administration and the Automotive Safety Enforcement Division of the Department of State Police have set forth the following requirements for bumpers on Class A passenger vehicles, Class E truck vehicles with a registered GVW of 18,000 pounds or less, and Class M multipurpose vehicles.
**History**
- *Administrative History: Effective date: January 22, 1975 (2:2 Md. R. 86)*
- *Administrative History: Regulation .01 amended effective September 16, 1991 (18:18 Md. R. 2006); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .02 amended effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .03 amended effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .03A, H amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective September 16, 1991 (18:18 Md. R. 2006)*
- *Authority: Transportation Article, §§12-104(b) and 22-105, Annotated Code of Maryland; 49CFR 581*
##### **COMAR 11.13.03.02** Applicable Vehicles. {#sec-11.13.03.02 omnilex-key=us-md-regs-official--title-11--11.13.03.02}
Each Class A passenger motor vehicle, Class E truck motor vehicle with a registered GVW of 18,000 pounds or less, or Class M multipurpose passenger motor vehicle when operated on the highways of Maryland, shall be equipped with a front bumper, and a rear bumper if a rear bumper was originally installed by the manufacturer.
**History**
- *Administrative History: Effective date: January 22, 1975 (2:2 Md. R. 86)*
- *Administrative History: Regulation .01 amended effective September 16, 1991 (18:18 Md. R. 2006); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .02 amended effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .03 amended effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .03A, H amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective September 16, 1991 (18:18 Md. R. 2006)*
- *Authority: Transportation Article, §§12-104(b) and 22-105, Annotated Code of Maryland; 49CFR 581*
##### **COMAR 11.13.03.03** Bumper Standards. {#sec-11.13.03.03 omnilex-key=us-md-regs-official--title-11--11.13.03.03}
Each required bumper shall:
A. Comply with all applicable provisions of the Transportation Article — Maryland Vehicle Law, Code of Maryland Regulations, and all applicable Federal Motor Vehicle Safety Standards and Regulations, including 49 CFR 581, as promulgated by the National Highway Traffic Safety Administration;
B. Be an original or an approved type;
C. Be mounted equivalent to original design;
D. Be free of broken or missing parts, sharp edges, or abnormal protrusions;
E. Extend at least to the lateral width of the vehicle and as set forth in this section:
(1) This applies to the front bumper and rear bumper, when required, on a vehicle less than 80 inches in overall width;
(2) A truck vehicle with a registered GVW of 18,000 pounds or less and 80 inches or more in overall width which is so constructed that the body or chassis without body has a rear ground clearance of more than 30 inches when empty shall be equipped as follows:
(a) With a bumper or device serving similar purposes which shall be constructed and located that:
(i) The clearance between the effective bottom of the bumper or device and the ground does not exceed 30 inches when the vehicle is empty,
(ii) The maximum distance between the closest points between the bumper, or device, if more than one is used, may not exceed 24 inches,
(iii) The maximum transverse distance from the widest part of the motor vehicle at the rear to the bumper or device may not exceed 18 inches,
(iv) The rear bumper or device shall be located not more than 24 inches forward of the extreme rear of the vehicle, and
(v) The bumper or device shall be substantially constructed and firmly attached;
(b) Every motor vehicle constructed and maintained so that the body, chassis, or other parts of the vehicle which afford the rear end protection is in compliance with this section;
F. On a Class A passenger vehicle, be not higher than 20 inches from the bottom edge of the main horizontal bar of the bumper to the ground on which the vehicle stands;
G. On a Class E truck vehicle with a registered GVW of 10,000 pounds or less, be not higher than 28 inches from the bottom edge of the main horizontal bar of the bumper to the ground on which the vehicle stands;
H. On a Class E truck vehicle with a registered GVW of more than 10,000 pounds but not more than 18,000 pounds:
(1) Be not higher than 30 inches from the bottom of the main horizontal bar of the bumper to the ground on which the vehicle stands; or
(2) If truck is used for spraying agricultural crops, be not higher than 32 inches from the bottom of the main horizontal bar of the bumper to the ground on which the vehicle stands;
I. On a Class M multipurpose vehicle, be not higher than 28 inches from the bottom edge of the main horizontal bar of the bumper to the ground on which the vehicle stands.
**History**
- *Administrative History: Effective date: January 22, 1975 (2:2 Md. R. 86)*
- *Administrative History: Regulation .01 amended effective September 16, 1991 (18:18 Md. R. 2006); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .02 amended effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .03 amended effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .03A, H amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective September 16, 1991 (18:18 Md. R. 2006)*
- *Authority: Transportation Article, §§12-104(b) and 22-105, Annotated Code of Maryland; 49CFR 581*
##### **COMAR 11.13.03.04** Modification of Bumper. {#sec-11.13.03.04 omnilex-key=us-md-regs-official--title-11--11.13.03.04}
A bumper may not be modified or extended upward or downward to compensate for vehicle suspension or body alterations or modifications.
**History**
- *Administrative History: Effective date: January 22, 1975 (2:2 Md. R. 86)*
- *Administrative History: Regulation .01 amended effective September 16, 1991 (18:18 Md. R. 2006); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .02 amended effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .03 amended effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .03A, H amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective September 16, 1991 (18:18 Md. R. 2006)*
- *Authority: Transportation Article, §§12-104(b) and 22-105, Annotated Code of Maryland; 49CFR 581*
##### **COMAR 11.13.03.05** Replacement Bumper. {#sec-11.13.03.05 omnilex-key=us-md-regs-official--title-11--11.13.03.05}
Every replacement bumper shall be constructed, designed and mounted to comply with all requirements established in this chapter.
**History**
- *Administrative History: Effective date: January 22, 1975 (2:2 Md. R. 86)*
- *Administrative History: Regulation .01 amended effective September 16, 1991 (18:18 Md. R. 2006); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .02 amended effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .03 amended effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .03A, H amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective September 16, 1991 (18:18 Md. R. 2006)*
- *Authority: Transportation Article, §§12-104(b) and 22-105, Annotated Code of Maryland; 49CFR 581*
##### **COMAR 11.13.04** Energy Absorption System [Repealed] {#sec-11.13.04 omnilex-key=us-md-regs-official--title-11--11.13.04}
**History**
- *Administrative History: Effective date: November 20, 1973*
- *Administrative History: Chapter revised effective June 9, 1075 (2:14 Md. R. 1008)*
- *Administrative History: Chapter repealed effective September 16, 1991 (18:18 Md. R. 2006)*
## **11.13.05** Motorcycles
##### **COMAR 11.13.05.01** Definitions. {#sec-11.13.05.01 omnilex-key=us-md-regs-official--title-11--11.13.05.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Face shield” means a transparent device worn in front of the eyes and covering a portion or all of the face, the primary function of which is to protect the eyes and face.
(3) “Goggles” means a device with contour-shaped eyecups contacting the face and made with glass or plastic lenses, which is worn for the protection of the eyes and eye sockets.
(4) “Protective helmet or headgear” means a device primarily intended to protect the upper part of the wearer's head against a blow or impact.
(5) “Spectacles” means two lenses and a frame front which supports the lenses around their entire periphery, of suitable size and shape, connected by a nose bridge, and retained on the face by temples or other suitable means.
**Cross References**
11.15.35.02B(6)
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01 and .02 effective February 15, 1973*
- *Administrative History: Regulation .03 adopted effective September 17, 1973*
- *Administrative History: Chapter amended as an emergency provision effective October 1, 1992 (19:21 Md. R. 1887) (Emergency provisions are temporary and not printed in*
- *Administrative History: COMAR)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 15, 1993 (20:5 Md. R. 515)*
- *Administrative History: Regulation .04 amended effective July 17, 1995 (22:14 Md. R. 1053)*
- *Authority: Transportation Article, §§21-1306 and 22-403(c), Annotated Code of Maryland*
##### **COMAR 11.13.05.02** Protective Helmets. {#sec-11.13.05.02 omnilex-key=us-md-regs-official--title-11--11.13.05.02}
A. On and after October 1, 1992, a person may not use, loan, borrow, sell, offer for sale, or distribute any protective helmets for use by the operators of motorcycles, or protective helmets for use by passengers, unless the protective helmets meet the standards established by the Administration.
B. The Federal Motor Vehicle Safety Standard (FMVSS) 218, Motorcycle Helmets, 49 CFR §571.218 (1991), which is incorporated by reference, is adopted as the minimum standard for helmets required to be worn by operators and passengers on motorcycles in accordance with the requirements of Transportation Article, §21-1306, Annotated Code of Maryland.
C. The test procedures for protective helmets or headgear shall be the test procedures described in FMVSS 218.
D. The Administration shall accept all helmets which comply with the requirements of FMVSS 218, Motorcycle Helmets, 49 CFR §571.218 (1991).
E. The right is reserved to withdraw approval of a product at any time and for any cause considered reasonable by the Administration, or the Administration may require new approvals at any time it is considered necessary or reasonable.
F. Chin Strap.
(1) Each approved helmet shall be equipped with either a neck or chin strap and be fastened when the motorcycle is in motion.
(2) The protective headgear shall be worn on the head with chin strap properly fastened, and in contact with the chin or jaw by both operator and passenger at all times that the motorcycle is in motion.
**Cross References**
08.01.03.05B(1)
11.15.35.03D
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01 and .02 effective February 15, 1973*
- *Administrative History: Regulation .03 adopted effective September 17, 1973*
- *Administrative History: Chapter amended as an emergency provision effective October 1, 1992 (19:21 Md. R. 1887) (Emergency provisions are temporary and not printed in*
- *Administrative History: COMAR)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 15, 1993 (20:5 Md. R. 515)*
- *Administrative History: Regulation .04 amended effective July 17, 1995 (22:14 Md. R. 1053)*
- *Authority: Transportation Article, §§21-1306 and 22-403(c), Annotated Code of Maryland*
##### **COMAR 11.13.05.03** Face Shields, Goggles, and Spectacles of Motorcycle Operators. {#sec-11.13.05.03 omnilex-key=us-md-regs-official--title-11--11.13.05.03}
A. Pursuant to the provisions of Transportation Article, §21-1306, Annotated Code of Maryland, the Administration shall adopt specifications and test procedures for face shields, goggles, and spectacles for motorcycle operators as established in the federal Food and Drug Administration regulations on impact resistance, 21 CFR §801.410(d)(2), which is incorporated by reference.
B. A person may not use, loan, borrow, sell, offer for sale, or distribute any face shields, goggles, or spectacles for use by operators of motorcycles or passengers unless the face shields, goggles, or spectacles are in compliance with the standard set forth in §A of this regulation as approved by the Administration.
C. Approval. The Administration shall accept all face shields, goggles, and spectacles which comply with the provisions of 21 CFR §801.410(d)(2), which is incorporated by reference.
D. All face shields, goggles, and spectacles shall be so designed as to allow the wearer an angle of vision of not less than 105 degrees and shall be worn in such a manner as not to be accidentally dislodged. Face shields, goggles, or spectacles shall be worn at all times, covering the face or eyes, or both, by both the operator and passenger of a motorcycle that is in motion. During such periods as vehicles are required to display lights, only nontinted (clear) materials shall be used in face shields, goggles, and spectacles.
E. The right is reserved to withdraw approval of a product at any time and for any cause considered reasonable by the Administration, or the Administration may require new approvals at any time it is considered necessary or reasonable.
**Cross References**
08.01.03.05B(2)
11.15.35.02B(2)
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01 and .02 effective February 15, 1973*
- *Administrative History: Regulation .03 adopted effective September 17, 1973*
- *Administrative History: Chapter amended as an emergency provision effective October 1, 1992 (19:21 Md. R. 1887) (Emergency provisions are temporary and not printed in*
- *Administrative History: COMAR)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 15, 1993 (20:5 Md. R. 515)*
- *Administrative History: Regulation .04 amended effective July 17, 1995 (22:14 Md. R. 1053)*
- *Authority: Transportation Article, §§21-1306 and 22-403(c), Annotated Code of Maryland*
##### **COMAR 11.13.05.04** Rearview Mirrors on Motorcycles. {#sec-11.13.05.04 omnilex-key=us-md-regs-official--title-11--11.13.05.04}
Under the provisions of Transportation Article, §22-403, Annotated Code of Maryland, every motorcycle shall be equipped with two rearview mirrors, one each attached either to the right and left handlebars or to the right and left sides of the motorcycle fairing, and on and after July 1, 1973 shall meet the following standards:
A. The mirror shall be securely mounted and sufficiently stable to provide a readily distinguishable image to the rider under normal conditions;
B. The mirror shall be regular in shape (circular, oval, rectangular, or square) and may not contain sharp edges, projections, or irregular indents capable of producing injury;
C. The reflective surface of the mirror shall be of a size not less than 7 square inches and shall be capable of reflecting a view of the highway for a distance of at least 200 feet to the rear of the vehicle on which it is mounted;
D. The mirror assembly shall be capable of adjustment within a range that will reflect an image that includes at least the horizon and the road surface 35 feet to the rear of the vehicle on which it is mounted.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01 and .02 effective February 15, 1973*
- *Administrative History: Regulation .03 adopted effective September 17, 1973*
- *Administrative History: Chapter amended as an emergency provision effective October 1, 1992 (19:21 Md. R. 1887) (Emergency provisions are temporary and not printed in*
- *Administrative History: COMAR)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 15, 1993 (20:5 Md. R. 515)*
- *Administrative History: Regulation .04 amended effective July 17, 1995 (22:14 Md. R. 1053)*
- *Authority: Transportation Article, §§21-1306 and 22-403(c), Annotated Code of Maryland*
## **11.13.06** Speedometer and Odometer on Passenger Cars and Light Trucks
##### **COMAR 11.13.06.01** Components. {#sec-11.13.06.01 omnilex-key=us-md-regs-official--title-11--11.13.06.01}
Speedometers and odometers, when inspected, shall have legible dials and calibrations and register speed and distance traveled in miles or kilometers, or both, and be connected and operable. When the odometer is calibrated only in kilometers, a written notice shall be posted on the instrument panel in full view of the driver, and the notice shall contain the formula for converting kilometers to miles. Example: “Kilometers” divided by 1.609 equals “miles”.
**History**
- *Administrative History: Effective date: December 24, 1975 (2:29 Md. R. 1741)*
- *Administrative History: Regulation .01 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03 amended effective December 23, 1991 (18:25 Md. R. 2752); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 adopted effective December 23, 1991 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .05 adopted effective December 23, 1991 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .05 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b) and 22-415, Annotated Code of Maryland; 49CFR 580*
##### **COMAR 11.13.06.02** Service, Repair, or Replacement of an Odometer. {#sec-11.13.06.02 omnilex-key=us-md-regs-official--title-11--11.13.06.02}
Nothing in this title prevents the service, repair, or replacement of an odometer, whether calibrated in miles or kilometers, provided the distance traveled that is indicated on the odometer remains the same as before the service, repair, or replacement. If the odometer is incapable of registering the same distance traveled before the service, repair, or replacement, the odometer shall be adjusted to read zero, and a notice in writing shall be attached to the left door frame of the vehicle by the owner, his agent, or the person performing the service, repair, or replacement specifying the distance traveled before repair or replacement of the odometer and the date on which it was repaired or replaced. Any removal or alteration of the notice shall be a violation of this regulation.
**Cross References**
11.13.06.03
**History**
- *Administrative History: Effective date: December 24, 1975 (2:29 Md. R. 1741)*
- *Administrative History: Regulation .01 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03 amended effective December 23, 1991 (18:25 Md. R. 2752); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 adopted effective December 23, 1991 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .05 adopted effective December 23, 1991 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .05 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b) and 22-415, Annotated Code of Maryland; 49CFR 580*
##### **COMAR 11.13.06.03** Odometer Disclosure Certification. {#sec-11.13.06.03 omnilex-key=us-md-regs-official--title-11--11.13.06.03}
At the time of sale of a vehicle, the seller or transferor shall furnish the buyer an odometer disclosure certification which shall include the vehicle’s odometer reading and any reading which has been attached to the vehicle’s door frame in accordance with Regulation .02 of this chapter. The odometer disclosure certification shall be presented to the Motor Vehicle Administration upon application for title.
**Cross References**
11.13.06.05B(1)
**History**
- *Administrative History: Effective date: December 24, 1975 (2:29 Md. R. 1741)*
- *Administrative History: Regulation .01 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03 amended effective December 23, 1991 (18:25 Md. R. 2752); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 adopted effective December 23, 1991 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .05 adopted effective December 23, 1991 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .05 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b) and 22-415, Annotated Code of Maryland; 49CFR 580*
##### **COMAR 11.13.06.04** Verification of Odometer Disclosure Certification. {#sec-11.13.06.04 omnilex-key=us-md-regs-official--title-11--11.13.06.04}
A. The Motor Vehicle Administration, upon receipt of the odometer disclosure certification, shall verify that the vehicle’s odometer reading included in the certification corresponds with the odometer reading on the application for title accompanying the certification.
B. If a vehicle has been repossessed, the Motor Vehicle Administration shall verify that any odometer reading on any documents submitted to the Motor Vehicle Administration corresponds with the odometer readings on both the application for title and the odometer disclosure certification.
**History**
- *Administrative History: Effective date: December 24, 1975 (2:29 Md. R. 1741)*
- *Administrative History: Regulation .01 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03 amended effective December 23, 1991 (18:25 Md. R. 2752); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 adopted effective December 23, 1991 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .05 adopted effective December 23, 1991 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .05 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b) and 22-415, Annotated Code of Maryland; 49CFR 580*
##### **COMAR 11.13.06.05** Filing Odometer Disclosure Certification. {#sec-11.13.06.05 omnilex-key=us-md-regs-official--title-11--11.13.06.05}
A. Upon verification that all odometer readings correspond, the mileage indicated on the odometer disclosure certification shall be assumed correct and made a part of the permanent record of the Motor Vehicle Administration.
B. As part of the permanent record, the Motor Vehicle Administration may not change the mileage reflected on the original title or any duplicate titles issued unless the:
(1) Ownership of the vehicle changes and a new odometer disclosure certification is submitted as required by Regulation .03 of this chapter; or
(2) Motor Vehicle Administration determines that the actual mileage is greater than the mileage reflected in the original title or any duplicate titles, and the owner requests a change to the known actual mileage.
**History**
- *Administrative History: Effective date: December 24, 1975 (2:29 Md. R. 1741)*
- *Administrative History: Regulation .01 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03 amended effective December 23, 1991 (18:25 Md. R. 2752); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 adopted effective December 23, 1991 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .05 adopted effective December 23, 1991 (18:25 Md. R. 2752)*
- *Administrative History: Regulation .05 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b) and 22-415, Annotated Code of Maryland; 49CFR 580*
## **11.13.07** Vehicle Identification Numbers
##### **COMAR 11.13.07.01** All New Vehicles. {#sec-11.13.07.01 omnilex-key=us-md-regs-official--title-11--11.13.07.01}
All classes of new motor vehicles produced by either domestic or foreign manufacturers presented for titling in Maryland shall conform to 49 CFR 565, as amended.
**History**
- *Administrative History: Effective date: October 27, 1976 (3:22 Md. R. 1254)*
- *Administrative History: Regulations .03A, .05A, D, E, and .06A, D, E amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: Regulation .03A amended effective May 4, 1979 (6:9 Md. R. 729)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 26, 1982 (9:8 Md. R. 822)*
- *Administrative History: Regulation .01 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .02 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §12-104(B), Annotated Code of Maryland; 49 CFR 565*
##### **COMAR 11.13.07.02** Other Vehicles. {#sec-11.13.07.02 omnilex-key=us-md-regs-official--title-11--11.13.07.02}
All other vehicles to be titled in this State shall be accompanied by proof of the identity of the vehicle that the Motor Vehicle Administration reasonably requires.
**History**
- *Administrative History: Effective date: October 27, 1976 (3:22 Md. R. 1254)*
- *Administrative History: Regulations .03A, .05A, D, E, and .06A, D, E amended effective January 27, 1978 (5:2 Md. R. 64)*
- *Administrative History: Regulation .03A amended effective May 4, 1979 (6:9 Md. R. 729)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 26, 1982 (9:8 Md. R. 822)*
- *Administrative History: Regulation .01 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .02 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §12-104(B), Annotated Code of Maryland; 49 CFR 565*
## **11.13.08** Vehicle Connecting Devices and Towing Methods
##### **COMAR 11.13.08.01** Repealed. {#sec-11.13.08.01 omnilex-key=us-md-regs-official--title-11--11.13.08.01}
**History**
- *Administrative History: Effective date: January 1, 1974*
- *Administrative History: Regulation .01 repealed effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .07A amended effective June 17, 1996 (23:12 Md. R. 871); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .08A amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .09 amended effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .09 repealed effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .10A amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .11 repealed effective June 17, 1996 (23:12 Md. R. 871)*
- *Authority: Transportation Article, §§12-104(b) and 24-107, Annotated Code of Maryland*
##### **COMAR 11.13.08.02** Purpose, Scope, and Application. {#sec-11.13.08.02 omnilex-key=us-md-regs-official--title-11--11.13.08.02}
A. The purpose of this chapter is to provide minimum requirements for motor vehicle connecting devices and towing methods and is designed to reduce towing and hitch related accidents.
B. The scope of this chapter is directed to the regulation of trailer hitches and towing devices, towing methods, testing methods, certification requirements, installation compliance, and other requirements as defined in this chapter.
C. This chapter applies to all trailer hitches and connecting devices for use on all trailers and semitrailers having a registered gross weight of 10,000 pounds or less and on all motor vehicles that may be employed as a towing vehicle for the trailer or semitrailer when being operated upon the highways of this State. This chapter does not apply to truck-tractor-trailer combinations and semitrailer combinations designed and used for carrying freight or merchandise in the furtherance of any commercial enterprise or for those devices used for drawing another vehicle by means of a tow truck or wrecker.
**History**
- *Administrative History: Effective date: January 1, 1974*
- *Administrative History: Regulation .01 repealed effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .07A amended effective June 17, 1996 (23:12 Md. R. 871); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .08A amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .09 amended effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .09 repealed effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .10A amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .11 repealed effective June 17, 1996 (23:12 Md. R. 871)*
- *Authority: Transportation Article, §§12-104(b) and 24-107, Annotated Code of Maryland*
##### **COMAR 11.13.08.03** Definitions. {#sec-11.13.08.03 omnilex-key=us-md-regs-official--title-11--11.13.08.03}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Chain attaching means” means a bolt, hook, pin, hole, eye, clevis, bracket, bar, or any other device mounted on and used for anchoring or attaching safety chains to the towed or towing vehicle or hitch.
(2) “Coupling” means that part of the primary connecting system normally mounted on the trailer, such as a socket, by which the connection is actually made and including the supporting attachment to the trailer frame.
(3) “Gross vehicle weight rating (GVWR)” means the value specified by the vehicle manufacturer as the loaded weight of a single vehicle.
(4) Hitch.
(a) “Hitch” means that part of the primary connecting system normally mounted on the towing vehicle, including a ball-support platform and those components which are attached to the towing vehicle.
(b) “Weight-distributing hitch” means a mechanical device that connects the trailer to the towing vehicle, and by means of a leverage applied on both trailer and car structures or axles, when properly adjusted, distributes the imposed vertical load at the hitch and coupling connection between the structures or axles of towing vehicle and trailer. The towing vehicle thus loaded tends to retain a level position with respect to the road.
(c) “Weight-carrying hitch” means a mechanical or structural device that connects the trailer to the towing vehicle, and that does not employ features designed to redistribute the load imposed at the hitch and coupling connection. Weight-carrying hitches may be designed for bolting or other attachment to the towing vehicle frame, unitized body, bumper structure, or to a combination of these or other points which meet the requirements of Table 2 of Regulation .10 of this chapter.
(5) “Maximum gross trailer weight (MGTW)” means the weight of the trailer plus the weight of all cargo, consumables, and equipment loaded on the trailer when in an actual underway towing condition.
(6) “Manufactured” means the date that parts or components for devices regulated by this chapter are fabricated, assembled, packaged, or labelled, and in a saleable condition in the manufacturer's inventory of finished goods.
(7) “Maximum vertical load on hitch (tongue weight)” means the vertical downward static force exerted on the hitch by the coupling at the point of connection of coupling and hitch, with weight distribution features or devices, if any, deactivated. Tongue weight is measured at the trailer coupling, with the trailer in a level position (detached from the hitch), and with trailer consumables and cargo in maximum loaded conditions.
(8) Primary Connecting System.
(a) “Primary connecting system” means the combination of devices and their attaching structures that are normally used to connect a towing vehicle and trailer during towing operations.
(b) “Primary connecting system” includes, but is not limited to, the ball and socket type of connection or the draft means of connection.
(c) “Primary connecting system” does not include a:
(i) Safety chain which is a part of a secondary system normally used only when the primary connecting system fails; or
(ii) Weight distributing or sway control feature or device which functions as an accessory to the maintenance of the towing vehicle-trailer connection.
(9) “Safety chains” means flexible tension members connected from the front portion of the towed vehicle to the rear portion of the towing vehicle for the purpose of retaining connection between towed and towing vehicle in the event of failure of the connection provided by the primary connecting system. The term “safety chains” includes not only chains, cable, or wire ropes, or equivalent flexible member, but also any splice clamp, socket, snap, eye, ring, thimble, pin, or other fastening device or forming method which is part of the assembly of any such flexible tension member.
(10) “Tables 1, 2, 3, 4, and 5 and Figures 1, 2, 3, and 4” referred to in this chapter are contained in Regulation .10 of this chapter.
(11) “Trailer” means any towed vehicle having a registered gross vehicle weight rating of 10,000 pounds or less.
**History**
- *Administrative History: Effective date: January 1, 1974*
- *Administrative History: Regulation .01 repealed effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .07A amended effective June 17, 1996 (23:12 Md. R. 871); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .08A amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .09 amended effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .09 repealed effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .10A amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .11 repealed effective June 17, 1996 (23:12 Md. R. 871)*
- *Authority: Transportation Article, §§12-104(b) and 24-107, Annotated Code of Maryland*
##### **COMAR 11.13.08.04** Light Service Devices and Systems. {#sec-11.13.08.04 omnilex-key=us-md-regs-official--title-11--11.13.08.04}
A. These systems are for use with trailers having a gross vehicle weight rating of 10,000 pounds or less. This includes, but is not limited to such types as the utility, boat, camping, travel, and other trailers which are normally towed by the conventional passenger car, or similarly constructed vehicle, or light-duty truck. This regulation is intended basically for the ball-and-socket type of primary connecting system, but does include the fifth wheel and pintle hook-type system when used on vehicles subject to this regulation.
B. Trailer Classification.
(1) Class 1—Trailers, with a gross weight not exceeding 2,000 pounds.
(2) Class 2—Trailers, with a gross weight over 2,000 pounds, but not exceeding 3,500 pounds.
(3) Class 3—Trailers, with a gross weight over 3,500 pounds, but not exceeding 5,000 pounds.
(4) Class 4—Trailers, with a gross weight over 5,000 pounds, but not exceeding 10,000 pounds.
C. Couplings.
(1) Coupling Classification. There shall be four major strength classifications, or designations of couplings. The designation shall be based on the maximum gross trailer weight (MGTW) the coupling is qualified to tow. The No. 1 couplings shall be used for towing Class 1 trailers; No. 2 couplings for Class 2 or smaller trailers; No. 3 couplings for Class 3 or smaller trailers; and No. 4 couplings for Class 4 or small trailers. This is not intended to limit the number or variety of couplings in a given class, or designation.
(2) Coupling Ultimate Strength. Each coupling and hitch ball, when subjected to static bench tests in a rigid, non-yielding test fixture, shall withstand the test loads specified in Table 1 without incurring failure. For purposes of this regulation, failure occurs at the point at which the coupling or ball will accept no additional test load.
(3) Coupling and Hitch Ball Test Procedure. A new coupling or ball shall be used for each mode of load application. Each type of test load is to be applied individually to one component at a time, utilizing a non-yielding test fixture similar in design to the typical test fixture illustrated in Figure 1. When testing a coupling, a hardened ball shall be used. When testing a ball, a hardened coupling shall be used.
(4) Attachment of Couplings. Each coupling is to be mounted to the trailer attaching member by bolting, welding, or riveting in such manner that the towing loads are safely and adequately transferred to that member.
(5) Provisions for Safety.
(a) Each coupling, regardless of classification, or designation, shall be equipped with a manually operated mechanism so adapted as to prevent disengagement of the unit while in operation. In addition to this positive locking mechanism, the coupling shall be so designed that the trailer can be disconnected from the towing vehicle regardless of the angle of the trailer to the towing vehicle.
(b) Each hitch ball shall be equipped and installed with a lock washer or equivalent device and each replacement hitch ball shall be marketed with a lock washer or equivalent device with instructions as to proper installation provided by the responsible manufacturer.
**History**
- *Administrative History: Effective date: January 1, 1974*
- *Administrative History: Regulation .01 repealed effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .07A amended effective June 17, 1996 (23:12 Md. R. 871); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .08A amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .09 amended effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .09 repealed effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .10A amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .11 repealed effective June 17, 1996 (23:12 Md. R. 871)*
- *Authority: Transportation Article, §§12-104(b) and 24-107, Annotated Code of Maryland*
##### **COMAR 11.13.08.05** Hitches. {#sec-11.13.08.05 omnilex-key=us-md-regs-official--title-11--11.13.08.05}
A. Hitch Rating. Hitches shall be rated by the maximum gross trailer weight (MGTW) and the maximum vertical load on hitch (tongue weight) each is qualified to tow.
B. Hitch Strength Requirements. Each hitch, when subjected to a static bench test, shall conform to the minimum strength requirements contained in Table 2.
C. Attachment of Hitch. Each hitch shall be attached to the structural member or members of the towing vehicle in such a manner that the tension, compression, and traverse thrust loads shown in Table 2 are transferred to the towing vehicle without residual distortion or failure of either the attachment or the vehicle structure which would affect the safe towing of trailers, as defined in Table 2.
D. Maximum Vertical Load on Hitch (Tongue Weight). The weight load carried by the hitch at its connection with the trailer coupling may not, when on a level surface, exceed the maximum tongue weight load recommended by the manufacturer for the hitch.
**History**
- *Administrative History: Effective date: January 1, 1974*
- *Administrative History: Regulation .01 repealed effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .07A amended effective June 17, 1996 (23:12 Md. R. 871); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .08A amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .09 amended effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .09 repealed effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .10A amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .11 repealed effective June 17, 1996 (23:12 Md. R. 871)*
- *Authority: Transportation Article, §§12-104(b) and 24-107, Annotated Code of Maryland*
##### **COMAR 11.13.08.06** Safety Chains and Attaching Means Required. {#sec-11.13.08.06 omnilex-key=us-md-regs-official--title-11--11.13.08.06}
A. Strength Requirements. Each safety chain and each attaching means shall meet strength requirements as shown in Table 4.
B. Installation and Connections. The means of attachment of safety chains shall be located equally distant from and on opposite sides of the longitudinal centerline of the towing vehicle and of the trailer, except that where a single length of safety chain is connected to one single means of attachment of a trailer, the single attachment shall be on the trailer longitudinal centerline. Each means of attachment may not be common with or utilize fasteners common with a ball or coupling. A welding operation may not be performed on a safety chain subsequent to its manufacture. Safety chains shall be so connected that the slack for each length of chain between trailer and towing vehicle is the same and is not more than necessary to permit the proper turning of the vehicles. When passing forward to the towing vehicle, safety chains shall be oriented in such a manner as to prevent the tongue from dropping to the ground and to maintain connection in the event of failure of the primary connecting system. (See Figures 3 and 4).
C. Every towed vehicle shall be coupled to the towing vehicle by means of a safety chain, cable, or equivalent device in addition to the regular drawbar, tongue, or other connection. Safety chains, cables, or equivalent devices may be attached to permanently installed hitch components meeting the strength requirements of §A of this regulation.
D. Safety chain connections may not be made to the hitch ball, the pintle hook, or pintle hook casting, or to a ball mount designed to be readily removable when not in use.
**History**
- *Administrative History: Effective date: January 1, 1974*
- *Administrative History: Regulation .01 repealed effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .07A amended effective June 17, 1996 (23:12 Md. R. 871); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .08A amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .09 amended effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .09 repealed effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .10A amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .11 repealed effective June 17, 1996 (23:12 Md. R. 871)*
- *Authority: Transportation Article, §§12-104(b) and 24-107, Annotated Code of Maryland*
##### **COMAR 11.13.08.07** Identification. {#sec-11.13.08.07 omnilex-key=us-md-regs-official--title-11--11.13.08.07}
A. Device and Component Marking. Each coupling and each hitch shall be legibly and permanently marked on at least one hitch component or related component marketed with the hitch, as shown below. When hitch components (except hitch balls and their hardware) are marketed separately, the following markings shall also appear on at least one of the components in the package or marketing unit:
(1) Manufacturer’s or distributor’s name, initials, trademark, or trade name;
(2) Model number, part number, or style, and, for couplings only, the class;
(3) Maximum gross trailer weight (MGTW) to be drawn; and
(4) Maximum vertical load on hitch (tongue weight) to be imposed on the ball or other points of connection.
B. Hitch Ball Marking. Each hitch ball sold for use in a primary connecting system shall be permanently and legibly marked to show the spherical diameter of the ball; e.g., 1-7/8“, 2”, etc. No other provision of this regulation, except §A(1), as to permanent marking shall apply to hitch balls.
C. Labelling. Each crate, box, or other container in which a coupling or hitch is packed shall be imprinted or labelled to display at least the same information required in §A for marking, except that the maximum gross trailer weight (MGTW) to be drawn shall be shown for each coupling regardless of class. Further, the year, make, and model of each vehicle on which a hitch may be installed and meet the requirements of this chapter shall be shown but may be shown on an enclosed sheet, or sheets, separate from the imprintation, or labelling, or on hitch manufacturer's application tables which are kept available at the locations where the device or system is sold, either for resale or for use. However, the provision contained in the preceding sentence does not apply to hitches adaptable to a large number of vehicles and designated to be a universal type.
**Cross References**
11.13.08.08A
**History**
- *Administrative History: Effective date: January 1, 1974*
- *Administrative History: Regulation .01 repealed effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .07A amended effective June 17, 1996 (23:12 Md. R. 871); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .08A amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .09 amended effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .09 repealed effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .10A amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .11 repealed effective June 17, 1996 (23:12 Md. R. 871)*
- *Authority: Transportation Article, §§12-104(b) and 24-107, Annotated Code of Maryland*
##### **COMAR 11.13.08.08** Identification Installation Maintenance Compliance. {#sec-11.13.08.08 omnilex-key=us-md-regs-official--title-11--11.13.08.08}
A. Marking and Labelling. Each vehicle connecting device, method, or system shall be marked and labelled as required by Regulation .07 of this chapter. The marking and labelling shall show the responsible manufacturer. A pressure sensitive label will be acceptable if of a weather-resistant type which cannot be removed without destroying or defacing it.
B. Installation and Maintenance.
(1) Manufacturer, Packager, Seller. The responsible manufacturer or seller of a vehicle primary connecting device or system shall provide with the device, or with devices making up or used in the system, clear and complete consumer instructions for use, maintenance, and repair, and, when the device or system is not actually installed by the dealer, installation instructions, in accordance with the requirements of this regulation, and proper instruction of the purchaser, or owner, in use and care.
(2) Owner, Lessor, Lessee, Borrower. Each owner or lessor shall keep his connecting devices and systems in good condition, maintained, repaired, and rebuilt in accordance with manufacturer's instructions and recommendations. Each owner or lessor, who leases or lends a connecting device or system, shall properly instruct the lessee, or recipient, in the safe and proper use and care for the device or system. Each lessee or borrower shall use and maintain the device, method, or system in accordance with the instructions of the lessor or lender. For the purposes of this regulation, any person who rents a trailer shall be considered to be a lessor.
(3) A person may not put into use or continue in use a device or system on which the marking required in §A has been removed, altered, obliterated, disfigured, or otherwise damaged so as to prevent identification of the device, method, or system.
C. Compliance with Requirements. Each manufacturer shall be responsible for the performance ability of the device or system which he manufactures for use by a prospective owner, lessee, or borrower. When a manufacturer, packager, or seller assembles or packages (unites, collects, aggregates) for use by a prospective owner, lessee, or borrower a device or system from manufacturer, packager, or seller (person, firm, association, or corporation) shall be deemed responsible for the performance of the device or system which he assembles or packages. For the purpose of this regulation, each manufacturer, packager, or seller described in the preceding two sentences shall be known as the “responsible manufacturer”.
**History**
- *Administrative History: Effective date: January 1, 1974*
- *Administrative History: Regulation .01 repealed effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .07A amended effective June 17, 1996 (23:12 Md. R. 871); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .08A amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .09 amended effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .09 repealed effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .10A amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .11 repealed effective June 17, 1996 (23:12 Md. R. 871)*
- *Authority: Transportation Article, §§12-104(b) and 24-107, Annotated Code of Maryland*
##### **COMAR 11.13.08.09** Certification and Testing - Repealed. {#sec-11.13.08.09 omnilex-key=us-md-regs-official--title-11--11.13.08.09}
**History**
- *Administrative History: Effective date: January 1, 1974*
- *Administrative History: Regulation .01 repealed effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .07A amended effective June 17, 1996 (23:12 Md. R. 871); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .08A amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .09 amended effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .09 repealed effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .10A amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .11 repealed effective June 17, 1996 (23:12 Md. R. 871)*
- *Authority: Transportation Article, §§12-104(b) and 24-107, Annotated Code of Maryland*
##### **COMAR 11.13.08.10** Tables. {#sec-11.13.08.10 omnilex-key=us-md-regs-official--title-11--11.13.08.10}
A. Table 1.
| LIGHT SERVICE DEVICES BREAKING STRENGTH FOR COUPLINGS AND BALLS | | | | |
| --- | --- | --- | --- | --- |
| Trailer Classification | Trailer Couplings Designation | Minimum Ball Diameter-Inches (Where Ball-Type hitch is used) | Minimum Breaking Point Requirements | Pounds |
| Class 1 (2,000 lbs. or less MGTW) | No. 1 | 1-7/8 | Longitudinal tension: | 6,000 |
| Longitudinal Compression: | 6,000 | | | |
| Transverse thrust: | 2,000 | | | |
| Vertical tension | 2,500 | | | |
| Vertical compression: | 2,500 | | | |
| Class 2 (2,001 thru 3,500 lbs. MGTW) | No. 2 | 2 | Longitudinal tension: | 10,500 |
| Longitudinal compression: | 10,500 | | | |
| Transverse thrust: | 3,000 | | | |
| Vertical tension: | 4,500 | | | |
| Vertical compression: | 4,500 | | | |
| Class 3 (3,501 thru 5,000 lbs. MGTW) | No. 3 | 2 | Longitudinal tension: | 15,000 |
| Longitudinal compression: | 15,000 | | | |
| Transverse thrust: | 4,000 | | | |
| Vertical tension: | 7,000 | | | |
| Vertical compression: | 7,000 | | | |
| Class 4 (5,001 thru 10,000 lbs. MGTW) | No. 4 | Ball & Bolt shall be of such size and strength as to conform to the minimum breaking strength requirements of the mating coupling required for the specific load of Class 4 trailer. | Longitudinal tension: MGTW x 3 Longitudinal compression: MGTW x 3 Transverse thrust: MGTW x 1 Vertical tension: MGTW x 1.3 Vertical compression: MGTW x 1.4 | |
Figure 1.—TYPICAL COUPLER AND BALL TEST FIXTURE ARRANGEMENT
B. Table 2.
| HITCH TEST FORCES* | | | |
| --- | --- | --- | --- |
| STEP | WEIGHT CARRYING HITCH | | WEIGHT DISTRIBUTING HITCH |
| Force | Direction | Force | Direction |
| 1. V= .47R + 480 | Downward | V = .045R + 1650 | Downward |
| L = .47R + 480 | Compressive | M = 51,000 | See Figure 2 |
| 2. L = .23R + 1530 | Tensile | L = .067R + 2070 | Tensile |
| V = .15R | Downward | V = .15R | Downward |
| 3. L = .23R + 1530 | Compressive | L = .067R + 2070 | Compressive |
| V = .15R | Downward | V = .15R | Downward |
| 4. T = .20R + 500 | Leftward | T = .20R + 500 | Leftward |
| 5. T = .20R + 500 | Rightward | T = .20R + 500 | Rightward |
| 6. Not applicable | Not applicable | M = 93.2X + 21000 | See Figure 2 |
| | | V = .15R | Downward |
V = Vertical Force (lbs.)
L = Longitudinal Force (lbs.)
T = Transverse Force (lbs.)
M = Spring Bar Moment (inch-lbs.)
R = Hitch Rating in Terms of MGTW (lbs.) (Maximum Gross Trailer Weight)
X = Hitch Rating for Maximum Vertical Load on Hitch (lbs.) (Tongue Weight)
**Figure 2**
** Footnotes to Table 2 and Figure 2.*
(a) *When a hitch is to be tested:*
(1) *Assemble the hitch in its normal configuration as recommended by the hitch manufacturer.*
(2) *Attach the hitch to a non-yielding restraining fixture. The hitch-to-fixture attaching means shall be the same as the normal hitch-to-car attaching means recommended by the hitch manufacturer.*
(3) *The points of hitch-to-fixture attachment shall be located in the same positions as the hitch-to-car attachment point locations recommended by the manufacturer.*
(4) *Attach a ball to the ball support platform in the manner recommended by the hitch manufacturer.*
(b) *Hitch Test Force Applications. With the hitch attached to the test fixture as specified in footnote(a), above, successively apply the forces designated in Table 2, as follows:*
(1) *Apply the specified downward vertical force concurrently with the specified compressive longitudinal force or spring bar moment.*
(2) *Apply the specified tensile longitudinal force concurrently with the specified downward vertical force.*
(3) *Apply the specified compressive longitudinal force concurrently with the specified downward vertical force.*
(4) *Apply the specified leftward transverse force.*
(5) *Apply the specified rightward transverse force.*
(6) *For hitches with weight distributing capability, apply the specified spring bar, or leveling moment, concurrently with the specified downward vertical force.*
*All forces in steps(1) through (6) are to be applied along an axis which intersects the center of the ball. All forces are to be applied with an onset rate of not more than 150 pounds per second, and maintained at the maximum specified force level for at least 5 seconds.*
(c) *Each hitch, when tested as specified above, shall be capable of withstanding the forces applied in accordance with footnote (b), immediately above, without causing permanent deformation of the ball platform, such that the final position of the ball axis may not depart more than 5 degrees from its original, nominally vertical position.*
C. Table 3.
| MAXIMUM RECOMMENDED TONGUE WEIGHTS BY TRAILER CLASSIFICATION FOR TRAILER DESIGN | | | |
| --- | --- | --- | --- |
| Class Trailer | Maximum Gross Trailer Weight (MGTW, lb.) | Maximum Static Tongue Loads, Lb. | Recommended Type of Hitch |
| 1 | Up to 2000 | 200 | Weight carrying hitch |
| | | 300 | Weight distributing hitch |
| 2 | 2000 to 3500 | 300 | Weight carrying hitch |
| | | 500 | Weight distributing hitch |
| 3 | 3500 to 5000 | 15% MGTW* | Weight distributing hitch |
| 4 | 5000 to 10,000 | 15% MGTW* | Weight distributing hitch |
**Maximum Gross Trailer Weight*
D. Table 4.
| LIGHT SERVICE DEVICES—MINIMUM STRENGTHS OF SAFETY CHAINS AND ATTACHING MEANS* | | |
| --- | --- | --- |
| Trailer Classification | Minimum Longitudinal Load, Tension, Pounds (See Figures 2 and 3) | |
| Each Safety Chain | Each of Two Chain Attaching Means | |
| Class 1 | 2,000 | 2,000 |
| Class 2 | 3,500 | 3,500 |
| Class 3 | 5,000 | 5,000 |
| Class 4** | MGTW | MGTW |
** Load shown shall be applied in the same manner as would prevail if the trailer were being towed by the safety chain in a straight ahead direction. Safety chain, when formed, fastened, or rigged as on the vehicles, shall withstand load shown without breaking. Local marking, denting, or gouging of the chain attaching means at the points of safety chain contact is not considered excessive distortion. The intent is that the chain attaching means shall have sufficient strength to break the safety chain consistently.*
*** “MGTW” means the maximum gross trailer weight, pounds, which is to be towed.*
E. Table 5.
Figures 3 & 4. TYPICAL SAFETY CHAIN INSTALLATION
**Cross References**
11.13.08.03B(4)(c)
11.13.08.03B(10)
**History**
- *Administrative History: Effective date: January 1, 1974*
- *Administrative History: Regulation .01 repealed effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .03 amended effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .07A amended effective June 17, 1996 (23:12 Md. R. 871); October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .08A amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .09 amended effective June 17, 1996 (23:12 Md. R. 871)*
- *Administrative History: Regulation .09 repealed effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .10A amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .11 repealed effective June 17, 1996 (23:12 Md. R. 871)*
- *Authority: Transportation Article, §§12-104(b) and 24-107, Annotated Code of Maryland*
##### **COMAR 11.13.09** Nursery School Vehicle Seat Belts and Use {#sec-11.13.09 omnilex-key=us-md-regs-official--title-11--11.13.09}
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .05 adopted effective August 11, 1986 (13:16 Md. R. 1827)*
- *Administrative History: Regulation .06 adopted effective August 11, 1986 (13:16 Md. R. 1827)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 17, 1996 (23:12 Md. R. 872)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed effective October 27, 2014 (41:21 Md. R. 1260)*
## **11.13.10** Ignition Interlock Systems
##### **COMAR 11.13.10.01** Scope. {#sec-11.13.10.01 omnilex-key=us-md-regs-official--title-11--11.13.10.01}
A. The purpose of this chapter is to establish regulations for the certification, installation, repair, and removal of ignition interlock systems in Maryland and to establish eligibility requirements for participants and minimum standards for service providers under the Maryland Ignition Interlock Program.
B. The Administration shall:
(1) Establish standards for the calibration, maintenance, and service of ignition interlock devices by the manufacturer or service provider of that device;
(2) Establish protocol for the Maryland Ignition Interlock Program to include eligibility criteria for participants and minimum standards for service providers;
(3) Notify the manufacturer in writing if the Administration certifies a device or service provider;
(4) Provide for a review of the certification of ignition interlock devices; and
(5) Issue a notice, if necessary, to show cause why a device or service provider should be decertified in the State because of a failure to meet the certification requirements set forth in this chapter.
C. A written notice of the Administration's certification of an ignition interlock device or service provider is a public record under Courts and Judicial Proceedings Article, §10-204, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.13.10.02** Definitions. {#sec-11.13.10.02 omnilex-key=us-md-regs-official--title-11--11.13.10.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Administrator” means the Administrator of the Motor Vehicle Administration.
(3) “Alcohol” means the generic class of organic compounds known as alcohols and, specifically, the chemical compound ethyl alcohol. For the purpose of ignition interlock devices, there is no requirement expressed or implied that the device be specific for ethyl alcohol.
(4) “Alcohol concentration” (BAC) means the amount of alcohol in a person's blood or breath determined by chemical analysis, which shall be measured by grams of alcohol per:
(a) 100 milliliters of blood; or
(b) 210 liters of breath.
(5) “Alveolar air” (also called “deep lung air”) means an air sample which is the last portion of a prolonged, uninterrupted exhalation and which gives a quantitative measurement of alcohol concentration from which blood alcohol concentration can be determined. The alveoli are the smallest air passages in the lungs, surrounded by capillary blood vessels and through which an interchange of gases occurs during respiration. Alcohol in the blood is eliminated from the lungs via the alveoli.
(6) “Approved service provider” has the meaning stated in Transportation Article, §16-404.1, Annotated Code of Maryland.
(7) “BAC” in this chapter means either breath alcohol concentration or blood alcohol concentration.
(8) “Device” or “ignition interlock device” means an ignition interlock system as defined in Transportation Article, §21.902.2, Annotated Code of Maryland.
(9) “Interlock” means the mechanism by which a motor vehicle is prevented from starting when the test result of a person's breath alcohol analysis exceeds a preset BAC level.
(10) “Manufacturer” means any person engaged in the manufacturing or assembling of ignition interlock devices.
(11) “Monitoring” means the approved service provider's action of downloading the information obtained in the device's data logging mechanism and submitting this information to the Administration for review.
(12) “Program” means the Ignition Interlock System Program established by the Administration under Transportation Article, §16.404.1, Annotated Code of Maryland.
(13) “Purge” means the process by which a device cleanses or removes a previous breath test sample from the device and specifically removes residual alcohol.
(14) “Security” means the protection and safeguards incorporated into ignition interlock devices to ensure proper performance and to ensure against failure caused either by inherent defects or human tampering which causes the device not to operate as designed.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.13.10.02-1** Incorporation by Reference. {#sec-11.13.10.02-1 omnilex-key=us-md-regs-official--title-11--11.13.10.02-1}
A. The National Highway Traffic Safety Administration (NHTSA) Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIID) 57 FR 11772 (1992), as amended, are incorporated by reference as the specifications ignition interlock devices must meet under this chapter.
B. The Administration shall provide notice and a reasonable implementation period to develop a transition and implementation plan for the approval and use of BAIIDs when new NHTSA Model Specifications are released.
**Cross References**
11.13.10.04A(1)
11.13.10.04C(1)
11.13.10.04D(1)
11.13.10.04D(2)
11.13.10.13A
11.13.10.13B
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.13.10.03** Manufacturer's Application. {#sec-11.13.10.03 omnilex-key=us-md-regs-official--title-11--11.13.10.03}
A. A manufacturer seeking certification of ignition interlock devices shall apply for certification on a form or in a format prescribed by the Administration and shall certify that its ignition interlock devices:
(1) Do not impede the safe operation of the vehicle;
(2) Minimize opportunities to be bypassed;
(3) Correlate accurately with established measures of blood alcohol levels;
(4) Work accurately and reliably in an unsupervised environment;
(5) Require a proper and accurate measure of blood alcohol levels;
(6) Resist tampering and provide evidence of attempted tampering;
(7) Are difficult to circumvent and require premeditation to circumvent;
(8) Minimize inconvenience to a sober user;
(9) Are manufactured by a party responsible for installation, user training, service, and maintenance;
(10) Operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards;
(11) Are manufactured by a person adequately insured for product liability;
(12) Provide the option for an electronic log of the driver's experience with the device; and
(13) Sold or leased, of the same make and model for which application for certification is sought, meet the requirements for certification set forth in the specifications of the devices.
B. An application for certification shall include, in addition to other information which the Administration may require:
(1) The name and address of the manufacturer;
(2) The name and model number of the device;
(3) A detailed description of the device including instructions for its installation and operation;
(4) Technical specifications descriptive of the device’s accuracy, security, data collection and recording, digital photographic image collection, tamper detection, and environmental features;
(5) A description of the manufacturer's present or planned provisions for distribution of the device in Maryland including all locations in the State where the device may be purchased, installed, serviced, repaired, calibrated, inspected, and monitored;
(6) A certificate from an insurance company licensed in Maryland evidencing that the manufacturer holds product liability insurance as required in Regulation .05 of this chapter;
(7) A certified copy of the drawings, schematics, and wiring protocols for the device and its components as confidential commercial information not subject to disclosure under General Provisions Article, Title 4, Annotated Code of Maryland; and
(8) A sample warning label, to be affixed to each device, which shall be in compliance with Transportation Article, §27-108, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.13.10.04** Guidelines. {#sec-11.13.10.04 omnilex-key=us-md-regs-official--title-11--11.13.10.04}
A. Correlation.
(1) The ignition interlock device shall correlate with an alcohol concentration recommended under the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter with the accuracy provided for in these specifications, but may not be higher than 0.025 percent.
(2) A correlation coefficient of 0.90 is considered reliable. Ninety times out of 100, the ignition interlock device shall respond to, detect, and interlock when an individual has an alcohol concentration of 0.025 percent or higher.
B. Reliability.
(1) Device user complaints shall be reported as required in Regulation .14 of this chapter.
(2) Complaints shall be serviced as follows:
(a) Customer error in operation or misuse shall be corrected with additional instructions;
(b) Device problems due to component failures shall be corrected through exchange of appropriate package.
C. Accuracy.
(1) Breath test devices shall use breath specimens which are alveolar air samples (“deep lung air”) in accordance with established forensic alcohol standards meeting the specifications contained in the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter.
(2) The calibrated setting shall be at 0.025 percent BAC. The device shall have an accuracy of 90 percent and shall detect and interlock when the air sample provided to it contains alcohol at or above the calibrated setting.
(3) The ignition interlock device shall be calibrated for proper use and accuracy semiannually, or more frequently as the circumstances may require.
D. Security.
(1) The device, the installation of the device, and the monitoring of the device, including the transmission of data to the Administration, shall provide for the security features set forth in the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter.
(2) The manufacturer and the service provider shall take all reasonable steps necessary to prevent tampering or circumvention of the device, as set forth in the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter.
E. Environmental Features. The device shall operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards. The device shall:
(1) Be resistant to shock and vibration as normally found in a motor vehicle environment;
(2) Operate accurately over a temperature range of -20°C to +70°C; and
(3) Operate accurately with an altitude range of 0 to 2,500 feet (sea level to 2,500 feet above sea level).
F. Mandatory Operational Features.
(1) The device shall:
(a) Be designed to permit a restart (grace period) of a vehicle's ignition within 120 seconds after the ignition has been shut off, without requiring a further test;
(b) Automatically purge residual alcohol before allowing subsequent tests;
(c) Be provided with a supply of disposable mouthpieces with saliva traps, and the manufacturer shall ensure the availability of additional mouthpieces;
(d) Be required to be stowed out of the way before starting the motor vehicle;
(e) Be designed so that a second breath test is performed once a vehicle has been underway for at least 5 minutes but not more than 30 minutes; and
(f) Have an onboard datalogger, which shall be:
(i) Capable of being downloaded in an installation facility or in the field through mobile means; and
(ii) Encrypted with the software programs allowing access to the data stored in the device kept secure and protected from public access.
(2) Upon participant request, a service provider shall provide an ignition interlock device that includes:
(a) Visual alerts to notify the driver of required actions, including a random test;
(b) Vibration alerts that may be effective in alerting a driver who is deaf or hard of hearing; or
(c) Both §F(2)(a) and (b) of this regulation.
G. Mandatory Operational Features — Camera.
(1) The device shall have a camera with the capability of recording and storing still images without the capability to record sound or video and that records photographic images only while the device is testing the blood alcohol level of the individual taking the test or if tampering with the device is detected.
(2) The camera required under §G(1) of this regulation:
(a) May not pose a threat to the individual taking the test or passengers of the vehicle in the event it becomes displaced;
(b) Shall take an image of the individual taking the test with sufficient clarity and resolution to allow the individual taking the test to be identified;
(c) Shall operate in all lighting conditions, and capture a clear image of the individual taking the test for identification; and
(d) Shall focus on and take images of the individual taking the test while the individual is completing the breath alcohol test with the ignition interlock device as specified by the Administration.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.13.10.05** Product Liability. {#sec-11.13.10.05 omnilex-key=us-md-regs-official--title-11--11.13.10.05}
A. The manufacturer of the device shall carry product liability insurance with minimum liability limits of 1 million dollars per occurrence, with 3 million dollars aggregate total. The liability covered shall include defects in product design and materials as well as in the work of manufacturing, calibration, installation, and removal of devices. The proof of insurance shall include a statement from the insurance company that 30 days' notice will be given to the Administration before cancellation of the insurance.
B. The manufacturer shall provide to the Administration a statement that the manufacturer is totally responsible for product liability and shall defend and indemnify the following from any liability resulting from the device or its installation or use:
(1) The State of Maryland, including all of its units and all State personnel as defined in State Government Article, §12-101, Annotated Code of Maryland;
(2) The court that ordered installation of the device; and
(3) The testing laboratory that has verified that the device meets the Administration's standards and requirements.
**Cross References**
11.13.10.03B(6)
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.13.10.06** Warranty. {#sec-11.13.10.06 omnilex-key=us-md-regs-official--title-11--11.13.10.06}
The manufacturer shall guarantee performance and provide support for service within 48 hours after notification of complaint. This support shall be effective for the duration of the probationary period under which the device is required to be installed in the vehicle.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.13.10.07** Warning Label. {#sec-11.13.10.07 omnilex-key=us-md-regs-official--title-11--11.13.10.07}
The manufacturer shall affix to each device a warning label containing the following language: “A person tampering with, circumventing, or otherwise misusing this Ignition Interlock System is guilty of a misdemeanor, and, on conviction, is subject to a fine or imprisonment or both.”
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.13.10.08** Installation Standards. {#sec-11.13.10.08 omnilex-key=us-md-regs-official--title-11--11.13.10.08}
A. The manufacturer of the device is responsible for ensuring proper installation procedures to include, but not to be limited to, the following:
(1) Devices shall be installed within a building or from a mobile unit fully equipped for adequate installation;
(2) Customers or other unauthorized persons may not be allowed to watch the installation of the device;
(3) Adequate security measures shall be taken to prevent unauthorized persons from accessing secured materials (tamper seals, installation instructions, computer disks, and any other material required to install, calibrate, monitor, or service the device);
(4) Each manufacturer shall develop detailed and written instructions for installation of its device in accordance with the guidelines adopted by the Administration;
(5) The installer shall screen the vehicles for acceptable mechanical and electrical conditions, in accordance with the manufacturer's instructions;
(6) Conditions that would interfere with the function of the device (for example, low battery or alternator voltage, stalling frequent enough to require additional breath tests, etc.) shall be corrected to an acceptable level;
(7) Installations shall be made in a workmanlike manner in accordance with accepted trade standards, and according to the instructions provided by the manufacturer;
(8) After a device is installed, the vehicle and device shall be checked to see that the installation was performed properly and that it does not interfere with the normal operation of the vehicle after it has been started;
(9) Each installation shall include all of the tamper resistant features required by the manufacturer and the Administration.
B. The manufacturer shall be responsible for ensuring physical anti-tamper securities which include, but which are not limited to, the following:
(1) A unique and easily identifiable wire, covering, or sheathing over all wires used to install the device, which are not inside a secured enclosure;
(2) A unique and easily identifiable covering, seal, epoxy, or resin at all exposed electrical connections for the device;
(3) Connections to the vehicle which shall be under the dash or in an inconspicuous area of the vehicle;
(4) A unique and easily identifiable tamper seal, epoxy, or resin at all openings (except the breath and exhaust ports) of the hand-held unit, control, and support units;
(5) Depending on the level of electronic anti-tampering security of a device, additional anti-tamper measures that could be taken such as the use of a special mark, seal, paint, epoxy, resin, or other material to mark points likely to be accessed when attempting to bypass or tamper with the device (for example, battery post terminals, wire to starter solenoid, wire to ignition, dash screws).
C. The manufacturer is responsible for ensuring electronic anti-tampering securities which include, but which are not limited to, the following:
(1) The device shall detect when the vehicle has been started without a breath test being passed, and shall either display the tamper or record it, or both, in a way that the information can be retrieved at a later date.
(2) The device shall retain its tamper detection capabilities when disconnected from the vehicle's power supply, or record that it was disconnected. Devices that lose their memory of tamper events when disconnected from a power source shall have an indicator or interrupt device.
(3) The device shall continuously record the time and date for each of the following vehicle and device operations:
(a) Breath test fail;
(b) Breath test pass;
(c) Alcohol level of breath test; and
(d) Any attempt to tamper with the device.
(4) When a device detects a condition that would be considered tampering, the device shall activate an indicator or interrupt device and capture and store a photographic image.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.13.10.09** Periodic Inspections. {#sec-11.13.10.09 omnilex-key=us-md-regs-official--title-11--11.13.10.09}
A. At the time of device installation, the device shall be checked to make sure that it is functioning properly and accurately. Self-diagnostic features shall also be checked.
B. Tamper inspections shall be conducted at any time that the device is given routine inspection, maintenance, or repair. Tamper inspections shall include the following:
(1) Inspect all external wiring insulation, connections, and sheathing for the device and where the device connects to the vehicle. Document and photograph any perforations, cuts, or other evidences of possible tampering.
(2) Record or document any electronic indications of tampering.
(3) Inspect all tamper seals for breaks, tears, or other evidence of tampering. Document and photograph any evidence of tampering.
(4) Check device for proper operation to ensure tamper detection capabilities.
(5) After all evidence of tampering has been recorded, photographed, and reported to the appropriate law enforcement agencies, restore the system and its tamper seals, etc., to their original condition to prevent further abuse.
C. The Administration or its designees shall have the right to inspect installation and service of the devices.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.13.10.10** User Orientation and Support. {#sec-11.13.10.10 omnilex-key=us-md-regs-official--title-11--11.13.10.10}
A. The vehicle operator shall be provided:
(1) Written instructions on how to clean and care for the device;
(2) Written instructions on what type of vehicle malfunctions or repairs may affect the device, and what to do when such repairs are necessary;
(3) Written notice about how the device may be affected by high altitudes;
(4) Written notice about the requirement that the vehicle operator must remain in clear view of the camera at all times while a breath sample is being provided;
(5) Written and hands-on training on how to use the device after it is installed in the operator's vehicle. This shall include all persons who are authorized to use the vehicle that has had a device installed; and
(6) A training video that includes closed captioning.
B. The manufacturer shall provide an emergency 24-hour phone number that a user may contact to receive assistance. Assistance may include technical information, tow service, or road service. Emergency assistance related to the failure of a device shall be provided within 3 hours for vehicles located in or near an area with an installation or repair facility. The device shall be made functional within 48 hours from when the call for assistance is made.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.13.10.11** Personnel Requirements. {#sec-11.13.10.11 omnilex-key=us-md-regs-official--title-11--11.13.10.11}
The manufacturer shall be responsible for device installation, user training, service, and maintenance. The following apply:
A. Installers shall have the training and skills necessary to install, troubleshoot, and check for proper operation of the device, and to screen the vehicle for acceptable conditions.
B. Personnel who install, calibrate, perform tamper inspections, or perform reporting duties, or all of these, may not have been convicted of a crime substantially related to the qualifications, functions, and duties related to the installation and inspection of the devices. This may include, but is not limited to, persons:
(1) Convicted of any alcohol or drug-related offense within the last 3 years;
(2) Convicted of more than one alcohol or drug-related offense overall;
(3) Convicted of probation violation;
(4) Convicted of perjury; or
(5) Who have had a license or registration revoked, suspended, or denied for a violation or violations of motor vehicle safety equipment laws.
C. Persons who can show acceptable evidence of rehabilitation may be considered for the positions in §B.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.13.10.12** Facility Requirements. {#sec-11.13.10.12 omnilex-key=us-md-regs-official--title-11--11.13.10.12}
A. Facilities, which may include mobile or satellite units, where interlock devices are installed, serviced, monitored, or removed shall:
(1) Be in an area where customers are not allowed to watch the installation, calibration, or removal of a device;
(2) Be open during normal business hours with after hours service capability;
(3) Be established to service the geographical location and volume of individuals who qualify for and are admitted into the program;
(4) Have records maintained for 5 years; and
(5) Have and use the required tools, test equipment, and manuals needed to screen vehicles for acceptable mechanical and electrical conditions to install devices.
B. The tools, test equipment, and manuals required under §A(5) of this regulation include, but are not limited to, the following:
(1) Tools necessary to ensure electrical connections are made in a workmanlike manner in accordance with accepted trade standards (for example, properly soldered or mechanically crimped with high quality connectors);
(2) Heat gun if heat shrink tubing or heat set labels are used;
(3) Volt/ohmmeter;
(4) Test light;
(5) Battery testing equipment and servicing tools (for example, load tester, terminal cleaning tools, battery filler, etc.); and
(6) Electrical wiring diagrams or reference guide, or both, for electrical systems on import and domestic vehicles, 20 years old or less, necessary for the installation and operation of the device.
**Cross References**
11.13.10.20D(1)
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.13.10.13** Testing Procedure for Certification. {#sec-11.13.10.13 omnilex-key=us-md-regs-official--title-11--11.13.10.13}
A. Testing shall be performed under the specifications set forth in the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter by an entity approved by the Administration for the purpose of establishing the accuracy and reliability of candidate breath test ignition interlock devices.
B. Results of Tests. As a prerequisite to certification, the manufacturer shall submit a notarized letter or affidavit, or both, from the Director of an approved testing laboratory certifying that the device by model or class, or both, meets or exceeds all requirements set forth in the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter. This affidavit shall also include:
(1) The name and location of the testing laboratory;
(2) The address and phone number of the testing laboratory;
(3) A description of the tests performed;
(4) Copies of the data and results of the testing procedures; and
(5) The names and qualifications of the individuals performing the tests.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.13.10.14** Reports Required by Manufacturer. {#sec-11.13.10.14 omnilex-key=us-md-regs-official--title-11--11.13.10.14}
A. The manufacturer shall provide to the Administration:
(1) Annually, a certified statement that the manufacturing of the model or type of device originally certified has not been modified or altered in any way to require laboratory retesting;
(2) Annually, an information report detailing:
(a) The number of devices with visual or vibration alerts, or both, that have been issued;
(b) The number of deaf and hard of hearing customers;
(c) The number of reduced fee interlock units requested by customers;
(d) The number of reduced fee interlock units provided; and
(3) Annually, a summary of all complaints received and corrective action taken by the manufacturer for each model or type of certified device;
(4) Semiannually, a report that the ignition interlock devices were checked for proper use and accuracy, detailing any necessary adjustments;
(5) A report on a device denied certification in another state, whether the denial of certification occurs before or after certification by the Administration; and
(6) Any other available information upon request.
B. The reports required by §A(2) of this regulation shall be categorized by:
(1) Customer error of operation;
(2) Faulty automotive equipment other than the device;
(3) Apparent misuse or attempts to circumvent the device causing damage; and
(4) Device failure due to material defect, design defect, or workmanship errors in construction, installation, or calibration.
C. A denial of certification for an ignition interlock model in another state may, at the discretion of the Administrator, be cause for decertification, revocation, or denial of certification for the same model by the Administration in Maryland.
D. The manufacturer shall provide the Administration and participating agencies the following:
(1) Proof of the installation of the system;
(2) Reports of the results of the monitoring which:
(a) Shall be performed at least every 60 days, or more frequently as the circumstances may require, and
(b) May be in the form of an electronic log of the driver's experience with the system;
(3) Within 7 days of discovery, reports of any apparent misuse of the device, tampering, circumventing, or attempts to disconnect, or any other pertinent information; and
(4) Any other available information upon request.
**Cross References**
11.13.10.04B(1)
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.13.10.15** Fees For Certification. {#sec-11.13.10.15 omnilex-key=us-md-regs-official--title-11--11.13.10.15}
Approved testing laboratories may have fees associated with their work in the testing of the device and shall be paid directly by the manufacturer. All other costs of obtaining certification of an ignition interlock device shall be paid by the manufacturer of the device to the Administration.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.13.10.16** Removal of the Device. {#sec-11.13.10.16 omnilex-key=us-md-regs-official--title-11--11.13.10.16}
A. When notified in writing by the originating court or the Administration, the approved service provider shall remove the device and return the vehicle to normal operating condition. All severed wires shall be permanently reconnected and insulated with heat shrink tubing or its equivalent.
B. Whenever a device is removed for repair and cannot immediately be reinstalled, a substitute device shall be used. A participant's vehicle may not be driven without a required device.
C. Before removal of a device, the manufacturer shall notify the originating court except under the following conditions:
(1) Completion of sentence, or other terms of a court order; or
(2) Immediate device repair needs.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.13.10.17** Revocation of Approval of Ignition Interlock Devices. {#sec-11.13.10.17 omnilex-key=us-md-regs-official--title-11--11.13.10.17}
A. The Administration may revoke approval of a device, and remove it from the list of acceptable devices, upon any of the following grounds:
(1) Evidence of repeated device failures due to gross defects in design, materials, or workmanship during manufacture;
(2) Termination of manufacturer's liability insurance;
(3) Notification that the manufacturer is no longer in business;
(4) Voluntary request of the manufacturer to remove a device from the acceptable list;
(5) Any findings that the manufacturer is not in compliance with the provisions of this chapter or Transportation Article, §§16-404.1 and 27-108, Annotated Code of Maryland; or
(6) Any other reasonable cause to believe the device was inaccurately represented to meet the performance standards.
B. The effective date of revocation shall be 15 days after notification is sent to the manufacturer via certified mail, except in cases where the Administration determines immediate revocation is necessary for the safety and welfare of the public.
C. Manufacturers may request a review of revocation. This request shall be submitted to the Administration, in writing, within 15 days of the revocation.
D. Upon revocation or voluntary surrender of an approval, a manufacturer shall be responsible for removal of all like devices from customers' vehicles.
E. A manufacturer shall be responsible for any costs connected with removal of its revoked devices from customers' vehicles and the installation of new devices from the Administration's list of approved devices.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.13.10.18** Exemption. {#sec-11.13.10.18 omnilex-key=us-md-regs-official--title-11--11.13.10.18}
An ignition interlock device certified and installed before October 1, 2019, may continue to be used until the earliest of:
A. The expiration of the original term of the court order;
B. The expiration of the Administration's required term for the device installation; or
C. The customer’s reentry into the Ignition Interlock System Program if the Motor Vehicle Administration allows an individual to reenter the Program after a period of 30 days from the date of removal with a device that was installed prior to October 1, 2019.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.13.10.19** Repealed. {#sec-11.13.10.19 omnilex-key=us-md-regs-official--title-11--11.13.10.19}
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
##### **COMAR 11.13.10.20** Service Providers. {#sec-11.13.10.20 omnilex-key=us-md-regs-official--title-11--11.13.10.20}
A. Service providers who service, install, monitor, calibrate, and provide information on ignition interlock systems shall:
(1) Apply to the Administration for certification as an approved service provider;
(2) Demonstrate that the service provider is able to competently service, install, monitor, calibrate, and provide information on ignition interlock systems;
(3) Be certified by a signed affidavit from the manufacturer that the service provider has been trained by an authorized manufacturer and that the service provider is competent to service, install, monitor, calibrate, and provide information on ignition interlock systems; and
(4) Be deemed to be authorized representatives of a manufacturer.
B. After the Administration notifies a service provider of certification approval, the service provider shall:
(1) File with the Administration a surety bond in the amount of $10,000; and
(2) Notify the Administration within 5 days if the surety bond is canceled, revoked, or suspended.
C. Any service of notice upon an approved service provider who has violated any laws or regulations or whose ignition interlock system is not in compliance with any laws or regulations is deemed as service upon the manufacturer who certified the approved service provider.
D. An approved service provider shall:
(1) Provide adequate facilities as required in Regulation .12 of this chapter;
(2) Provide service and installation records for inspection on the request of the Administration;
(3) Keep all personal and medical information provided to the service provider regarding Program participants confidential except to the Administration and its authorized representatives;
(4) Install devices for eligible participants in the Program within 10 days of the date of requested installation by a Program participant;
(5) Provide a toll-free 24-hour emergency response number that a participant may call to obtain assistance from the provider with technical information, towing, and road service;
(6) On notification by a participant of a device failure:
(a) Provide emergency assistance within 3 hours of notification by the participant; and
(b) Repair or replace the device within 48 hours after notification by the participant;
(7) Monitor devices periodically, not to exceed 30 days;
(8) Establish indigence provisions as set forth in COMAR 11.11.11;
(9) Within 1 business day of a device's installation, removal, or monitoring appointment, electronically submit to the Administration the information it requires regarding the:
(a) Identification of the participant or prospective participant who had the device installed;
(b) Identification of the vehicle in which the device is or was installed; and
(c) Monitoring data relating to the participant's use of the device for each monitoring period; and
(10) Within 1 business day after notification by the Administration that the information received was incomplete, corrupt, or erroneous, electronically resubmit the corrected information to the Administration.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.18 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 4, 1999 (26:20 Md. R. 1547)*
- *Administrative History: Regulation .02 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .02B amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .03B amended effective October 1, 2019 (46:19 Md. R. 815); February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .04 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04F amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .04G adopted effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .08C amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .10A amended effective October 1, 2019 (46:19 Md. R. 815); April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .10B amended effective July 26, 2010 (37:15 Md. R. 999)*
- *Administrative History: Regulation .13 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .14A amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Administrative History: Regulation .18 amended effective October 1, 2019 (46:19 Md. R. 815)*
- *Administrative History: Regulation .19 repealed effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20B, D amended effective November 3, 2008 (35:22 Md. R. 1958)*
- *Administrative History: Regulation .20D amended effective April 15, 2024 (51:7 Md. Reg. 332)*
- *Authority: Transportation Article, §§12-104(b), 16-404.1, and 21-902.2, Annotated Code of Maryland*
## **11.13.11** Load Covers
##### **COMAR 11.13.11.01** Scope and Applicability. {#sec-11.13.11.01 omnilex-key=us-md-regs-official--title-11--11.13.11.01}
A. These regulations do not limit or supersede any other law or regulation concerning vehicle equipment or means of enforcing laws or regulations relating to vehicle equipment.
B. These regulations apply to a vehicle carrying loose material which is not otherwise exempted under Regulation .02 of this chapter.
**History**
- *Administrative History: Effective date: April 1, 1991 (18:6 Md. R. 685)*
- *Administrative History: Regulation .01B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .02 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .08 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b), 23-104, 23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.13.11.02** Exemptions. {#sec-11.13.11.02 omnilex-key=us-md-regs-official--title-11--11.13.11.02}
A vehicle meeting the requirements of Transportation Article, §24-106.1(e)(1), Annotated Code of Maryland, and Regulation .04A of this chapter is exempt from the load cover requirements of these regulations.
**Cross References**
11.13.11.01B
11.13.11.08
**History**
- *Administrative History: Effective date: April 1, 1991 (18:6 Md. R. 685)*
- *Administrative History: Regulation .01B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .02 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .08 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b), 23-104, 23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.13.11.03** Definitions. {#sec-11.13.11.03 omnilex-key=us-md-regs-official--title-11--11.13.11.03}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Bed” means the load-carrying part temporarily or permanently attached to a vehicle and separated from the passenger compartment and fully enclosed on both sides by side boards or side panels, on the front, by a board or panel or by the cab of the vehicle and, on the rear, by a tailgate, board, or panel.
(2) “Enclosures” means the front, rear, and sides of a vehicle bed as defined in Transportation Article, §24-106.1(d), Annotated Code of Maryland.
(3) “Load cover” means a device made of canvas or other type material authorized under Regulation .05 and used to enclose the open top of a vehicle bed.
(4) “Loose material” means loose material as defined in Transportation Article, §24-106.1(a), Annotated Code of Maryland, and COMAR 11.15.20.01.
(5) “Safety equipment repair order” means a safety equipment repair order as defined in COMAR 11.14.01.01B(30).
(6) “Securement hardware” means any device or equipment used to attach or secure a load cover on a vehicle bed.
(7) “Vehicle” means a vehicle as defined in Transportation Article, §11-176, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: April 1, 1991 (18:6 Md. R. 685)*
- *Administrative History: Regulation .01B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .02 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .08 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b), 23-104, 23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.13.11.04** Load Covers. {#sec-11.13.11.04 omnilex-key=us-md-regs-official--title-11--11.13.11.04}
A. Load covers are not required on:
(1) Any Class K (farm area) vehicle as defined in Transportation Article, §13-935, Annotated Code of Maryland;
(2) Any Class E (truck) vehicle registered or capable of being registered under Transportation Article, §13-917, Annotated Code of Maryland, regardless of the date of manufacture or how the vehicle is loaded provided the vehicle manufacturer's original design specifications for bed enclosures have not been altered to increase the vehicle's load carrying capacity;
(3) Any Class G (trailer) vehicle registered or capable of being registered under Transportation Article, §13-927, Annotated Code of Maryland, carrying loose material if the top of the load is not within 6 inches of the top of any enclosure it touches;
(4) Any construction vehicle working within the confines of a public works construction work project site as outlined in the construction project's plans and specifications, provided the distance travelled does not exceed 1 mile or the distance specified in an extension granted by the Maryland Department of Transportation;
(5) Any construction vehicle or mining equipment while crossing a highway between construction or mining sites; or
(6) Within the Port of Baltimore for a distance not to exceed 1 mile, any vehicle carrying a load of loose material between a stockpile or storage facility and a vessel docked at the port.
B. Load covers are required when carrying loose material on a:
(1) Class E (truck) vehicle registered or capable of being registered under Transportation Article, §13-917, Annotated Code of Maryland, on which the manufacturer's original design specifications for bed enclosures have been altered to increase the vehicle's load carrying capacity;
(2) Class G (trailer) vehicle registered or capable of being registered under Transportation Article, §13-927, Annotated Code of Maryland, regardless of the date of manufacture, and carrying loose material if the top of the load of loose material is within 6 inches of the top of any enclosure it touches;
(3) Vehicle not otherwise exempted after January 1, 1992 regardless of how the vehicle is loaded.
**Cross References**
11.13.11.02
**History**
- *Administrative History: Effective date: April 1, 1991 (18:6 Md. R. 685)*
- *Administrative History: Regulation .01B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .02 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .08 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b), 23-104, 23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.13.11.05** Covers. {#sec-11.13.11.05 omnilex-key=us-md-regs-official--title-11--11.13.11.05}
A. The cover shall be constructed of material which will prevent any part of the load from blowing, falling, or spilling out of the vehicle.
B. The cover shall be of sufficient size to fully cover the top of the vehicle bed.
C. The cover shall be maintained in a manner to ensure the cover functions as designed. It shall be free of holes, rips, tears, or broken mesh which would permit any part of the load being hauled to blow, fall, or spill from the bed.
**History**
- *Administrative History: Effective date: April 1, 1991 (18:6 Md. R. 685)*
- *Administrative History: Regulation .01B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .02 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .08 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b), 23-104, 23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.13.11.06** Cover Securement Equipment. {#sec-11.13.11.06 omnilex-key=us-md-regs-official--title-11--11.13.11.06}
A. A cover shall be secured to the vehicle bed in a manner to prevent:
(1) Part of the vehicle load from blowing, falling, or spilling out of the vehicle;
(2) The cover from blowing off the vehicle.
B. Securement hardware shall be:
(1) Of sufficient strength to prevent the cover from blowing off the vehicle or permitting any part of the load from blowing, falling, or spilling out of the bed of the vehicle;
(2) Maintained in a good state of repair.
**History**
- *Administrative History: Effective date: April 1, 1991 (18:6 Md. R. 685)*
- *Administrative History: Regulation .01B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .02 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .08 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b), 23-104, 23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.13.11.07** Enforcement. {#sec-11.13.11.07 omnilex-key=us-md-regs-official--title-11--11.13.11.07}
These regulations may be enforced in the same manner as the enforcement of other provisions of law or regulation relating to vehicle equipment. A safety equipment repair order may only be issued to a Maryland-registered vehicle.
**History**
- *Administrative History: Effective date: April 1, 1991 (18:6 Md. R. 685)*
- *Administrative History: Regulation .01B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .02 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .08 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b), 23-104, 23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.13.11.08** Effective Dates. {#sec-11.13.11.08 omnilex-key=us-md-regs-official--title-11--11.13.11.08}
This chapter applies to any vehicle after January 1, 1992, regardless of the date of manufacture, when carrying a load of loose material and the vehicle is not otherwise exempted under Regulation .02 of this chapter.
**History**
- *Administrative History: Effective date: April 1, 1991 (18:6 Md. R. 685)*
- *Administrative History: Regulation .01B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .02 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .03B amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .04 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Administrative History: Regulation .08 amended effective October 27, 2014 (41:21 Md. R. 1260)*
- *Authority: Transportation Article, §§12-104(b), 23-104, 23-105, and 24-106.1, Annotated Code of Maryland*
## **11.13.12** Safety Glass Replacement Standards
##### **COMAR 11.13.12.01** Scope. {#sec-11.13.12.01 omnilex-key=us-md-regs-official--title-11--11.13.12.01}
This chapter implements the American National Standards Institute/Auto Glass Safety Council/Automotive Glass Replacement Safety Standard (ANSI/AGSC/AGRSS) addressing procedures, education, and product performance for motor vehicles falling within the guidelines of the Federal Motor Vehicle Safety Standard (FMVSS).
**History**
- *Administrative History: Effective date: March 7, 2022 (49:5 Md. R. 365)*
- *Administrative History: Regulation .01 amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .04C amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05 D, E amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05F adopted effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .09 amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Authority: Commercial Law Article, §13-301; Transportation Article, §§12-104(b) and 22-406, Annotated Code of Maryland*
##### **COMAR 11.13.12.02** Definitions. {#sec-11.13.12.02 omnilex-key=us-md-regs-official--title-11--11.13.12.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Advanced Driver Assistance Systems (ADAS)” means an automated system that enhances vehicle safety and assists in reducing driver error.
(2) “Adhesive bonding system” means an engineered system using chemical products, used together as a technique or process, to bond substrates.
(3) “Anti-pinch mechanism” means a feature that reverses the window or panel direction of travel when resistance is encountered.
(4) “Butyl” means a copolymer of isobutylene and isoprene.
(5) “Equivalent retention system” means a system that meets or exceeds the vehicle manufacturer’s performance strength specifications or has been certified by the retention system manufacturer or private labeler as appropriate for the specific application.
(6) “Final exam” means a comprehensive exam that evaluates the individual’s knowledge and skills, including but not limited to retention-system-specific replacement procedures, a variety of automotive safety issues, minimum drive-away time, environmental conditions as they affect retention system performance, federal safety requirements, and the basics of safe and effective automotive glass replacement.
(7) “Full cut” means removing an existing bead of urethane to a height of approximately 1 to 2 mm wherever the residual bead is structurally sound and the substrate condition is not defective.
(8) “Initialize”, “initialization”, or “re-initialization” means a procedure that re-establishes proper operation of the intended function.
(9) “Minimum drive-away strength” means the minimum properties as defined and specified by the retention systems manufacturer or private labeler to meet the requirements of FMVSS 208 and 212 as it pertains to glass retention systems.
(10) “Minimum drive-away time” means the time necessary for a given adhesive system to attain minimum drive-away strength after an adhesive bonded glass part is set in place.
(11) “Polyurethane adhesive” means a thermoplastic polymer adhesive produced by the condensation reaction of polyisocyanate and a hydroxyl containing material.
(12) “Private labeler” means any individual or corporation or the entity engaged in sale or distribution of a product labeled as its own, but manufactured by any different entity.
(13) “Recalibration” means the process by which a vehicle’s Advanced Driver Assistance System is returned to the vehicle manufacturer’s specifications.
(14) “Retention system” means any original equipment or equivalent method of glazing attachment.
(15) “Those engaged in automotive glass replacement” refers to any individual, business, or organization that replaces automotive glass, including but not limited to individual technicians, automotive glass replacement businesses, automotive body shops, and dealerships.
**History**
- *Administrative History: Effective date: March 7, 2022 (49:5 Md. R. 365)*
- *Administrative History: Regulation .01 amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .04C amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05 D, E amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05F adopted effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .09 amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Authority: Commercial Law Article, §13-301; Transportation Article, §§12-104(b) and 22-406, Annotated Code of Maryland*
##### **COMAR 11.13.12.03** Incorporation by Reference. {#sec-11.13.12.03 omnilex-key=us-md-regs-official--title-11--11.13.12.03}
A. In this chapter, the following documents are incorporated by reference.
B. Documents Incorporated.
(1) American National Standard for Automotive Glass Replacement Safety Standard Motor (ANSI/AGSC/AGRSS), as amended, in conformity with Ch. 461 (H.B. 519), Acts of 2021;
(2) American National Standard for Safety Glazing Materials for Glazing Motor Vehicles and Motor Vehicle Equipment Operating on Land Highways (ANSI/SAE Z26.1);
(3) 49 CFR §571.205 — Standard No. 205, Glazing Materials (FMVSS 205); and
(4) 49 CFR §571.205 — Standard No. 111; Rear Visibility.
**Cross References**
11.13.12.08B
**History**
- *Administrative History: Effective date: March 7, 2022 (49:5 Md. R. 365)*
- *Administrative History: Regulation .01 amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .04C amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05 D, E amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05F adopted effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .09 amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Authority: Commercial Law Article, §13-301; Transportation Article, §§12-104(b) and 22-406, Annotated Code of Maryland*
##### **COMAR 11.13.12.04** Vehicle Assessment Before Replacement. {#sec-11.13.12.04 omnilex-key=us-md-regs-official--title-11--11.13.12.04}
A. Those engaged in automotive glass replacement may not undertake or complete any installation unless first a thorough assessment of the vehicle has been made.
B. If, after the assessment made under §A of this regulation, it has been determined that any discovered conditions on the vehicle could compromise the vehicle’s retention system, the technician may not undertake or complete the installation. The owner or operator then shall be so notified verbally and in writing.
C. If, after the assessment made under §A of this regulation, it has been determined that the vehicle has an ADAS which could require recalibration after any automotive glass replacement, and the technician chooses not to follow Regulation .08I of this chapter, the technician may not undertake or complete the installation. The owner/operator then shall be so notified verbally and in writing. Documentation of customer notification shall be kept as a record in accordance with the provisions of Regulation .08G of this chapter. The technician shall provide the customer with a written statement that the work to be performed on the motor vehicle will meet or exceed the original equipment manufacturer specifications.
D. The following vehicles are exempt from this chapter:
(1) Registered as a Class L historic vehicle;
(2) Registered as a Class N street rod vehicle; and
(3) Registered as a Class K farm area/island vehicle.
**History**
- *Administrative History: Effective date: March 7, 2022 (49:5 Md. R. 365)*
- *Administrative History: Regulation .01 amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .04C amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05 D, E amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05F adopted effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .09 amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Authority: Commercial Law Article, §13-301; Transportation Article, §§12-104(b) and 22-406, Annotated Code of Maryland*
##### **COMAR 11.13.12.05** Selection of Glass and Retention Systems. {#sec-11.13.12.05 omnilex-key=us-md-regs-official--title-11--11.13.12.05}
Those engaged in automotive glass replacement shall:
A. Use glass products meeting the requirements of ANSI Z26.1 as required by Federal Motor Vehicle Safety Standard 205;
B. Use either an original equipment manufacturer (OEM) approved retention system or equivalent retention system as certified in writing by the equivalent retention system manufacturer directly or through a private labeler;
C. Obtain and follow written comprehensive and current application instructions from the retention systems manufacturer or private labeler, including at least:
(1) The proper use of the retention system;
(2) Storage specifications;
(3) Minimum drive-away time charts containing temperature and humidity variables, if applicable; and
(4) Any special procedures required for adverse weather conditions;
D. Use only retention systems that have lot numbers and expiration dates printed on appropriate products;
E. Use glass products compatible with the ADAS which may be affected/impacted by the glass replacement; and
F. Use only equipment specifically designed and purposed for recalibration when recalibration of the ADAS is required by the vehicle manufacturer. Further:
(1) Recalibration shall be completed using either an OEM-approved recalibration system/procedure, or equivalent recalibration procedure as assured in writing by the equivalent recalibration equipment manufacturer;
(2) Equivalent recalibration equipment, and the procedures used in conjunction with that equipment, shall be represented in writing by the manufacturer as being suitable for and compatible with the accurate recalibration of ADAS on the vehicle specifically contained within that equipment’s database;
(3) Recalibration equipment shall only be used on vehicles specifically covered within the device’s database/software and may not be used to recalibrate models beyond the scope of the software; and
(4) Recalibration equipment may not be altered or modified without the express permission of the manufacturer, and all regular maintenance shall be sufficient to comply with the manufacturer’s requirements.
**Cross References**
11.13.12.06A
11.13.12.06L
**History**
- *Administrative History: Effective date: March 7, 2022 (49:5 Md. R. 365)*
- *Administrative History: Regulation .01 amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .04C amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05 D, E amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05F adopted effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .09 amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Authority: Commercial Law Article, §13-301; Transportation Article, §§12-104(b) and 22-406, Annotated Code of Maryland*
##### **COMAR 11.13.12.06** Installation Standards — Adhesive Bonded. {#sec-11.13.12.06 omnilex-key=us-md-regs-official--title-11--11.13.12.06}
A. Those engaged in automotive glass replacement shall follow the adhesive manufacturer’s application instructions, as provided by the manufacturer directly or through the private labeler. All in-shop or mobile installations shall be performed under environmental and other conditions that are compatible with the application instructions required in Regulation .05 of this chapter.
B. Products shall be stored and controlled according to manufacturers’ requirements as provided directly or through a private labeler.
C. No automotive glass replacement shall be undertaken using an adhesive glass retention bonding system that would not achieve minimum drive-away strength by the time the vehicle may be reasonably expected to be operated.
D. The vehicle owner/operator shall be notified prior to and after the installation process of the minimum drive-away time under the circumstances of the replacement.
E. Adhesive shall be applied so that the finished bead cross-section profile and dimensions meet or exceed the original equipment configuration or recommendation of the adhesive system manufacturer.
F. If the OEM installation was polyurethane, then the glass shall be replaced with polyurethane or an equivalent adhesive bonding system. If the OEM installation was butyl, polysulfide, or other non-polyurethane, and the vehicle is licensed for highway use, adhesive bonded stationary glass installations shall be performed using polyurethane or an equivalent retention system unless in conflict with current OEM specifications.
G. All adhesive system component lot numbers shall be traceable to each job.
H. All glass parts shall be traceable to the installation by a DOT number and part number.
I. No product that has exceeded the manufacturer or private labeler’s stated expiration date, open shelf life, or active shelf life shall be used.
J. All supplemental mechanical glass retention devices shall be replaced to original equipment specifications.
K. When inappropriate replacement materials or methods are detected, those engaged in an automotive glass replacement shall report their findings to the vehicle owner or operator.
L. When those engaged in automotive glass replacement correct inappropriate glass installations, they shall remove any inappropriate materials that would compromise the retention system. They shall fully correct any adverse glass installation related conditions caused by the use of inappropriate materials or methods, and they shall use appropriate methods pursuant to Regulation .05 of this chapter.
M. When sealing air or water leaks within a polyurethane retention system, only compatible polyurethane adhesive shall be used. No silicone or butyl may be used.
N. Only the full cut method should be used for polyurethane retention systems.
**History**
- *Administrative History: Effective date: March 7, 2022 (49:5 Md. R. 365)*
- *Administrative History: Regulation .01 amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .04C amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05 D, E amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05F adopted effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .09 amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Authority: Commercial Law Article, §13-301; Transportation Article, §§12-104(b) and 22-406, Annotated Code of Maryland*
##### **COMAR 11.13.12.07** Installation Standards — Rubber Gasket. {#sec-11.13.12.07 omnilex-key=us-md-regs-official--title-11--11.13.12.07}
A. If the OEM utilizes the combination of a rubber gasket and polyurethane as a retention system, an equivalent adhesive bonding system shall be used in the installation. In cases when the OEM did not include polyurethane or an equivalent adhesive system, such systems shall be used if later production models included the addition of adhesive systems without body style modification.
B. If the OEM gasket installation did not include adhesive and the vehicle is licensed for highway use and is less than 10,000 pounds gross vehicle weight, the installation shall include polyurethane or an equivalent adhesive bonding system. The following vehicles are exempt:
(1) Registered as a Class L historic vehicle;
(2) Registered as a Class N street rod vehicle; and
(3) Registered as a Class K farm area/island vehicle.
C. When sealing air or water leaks within a rubber gasket or polyurethane adhesive system, only compatible polyurethane shall be used. No silicone or butyl may be used.
**History**
- *Administrative History: Effective date: March 7, 2022 (49:5 Md. R. 365)*
- *Administrative History: Regulation .01 amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .04C amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05 D, E amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05F adopted effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .09 amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Authority: Commercial Law Article, §13-301; Transportation Article, §§12-104(b) and 22-406, Annotated Code of Maryland*
##### **COMAR 11.13.12.08** Additional Requirements. {#sec-11.13.12.08 omnilex-key=us-md-regs-official--title-11--11.13.12.08}
A. All mechanically fastened automotive glass parts shall be replaced according to original equipment specifications.
B. Glass parts, including custom cut parts, shall be marked in compliance with the certification requirements specified in FMVSS 205 and the marking requirements of ANSI Z26.1, incorporated by reference in Regulation .03 of this chapter, for those vehicles licensed for highway use.
C. Those engaged in automotive mirror replacement shall install external and internal replacement mirrors that meet or exceed original equipment specifications and the requirements of 49 CFR §571.111 — Standard No. 111; Rear Visibility.
D. Whenever OEM retention systems are modified on later production models without body style modification, the most current retention system shall be used in the replacement unless otherwise specified by the OEM.
E. Notification of Defective Product.
(1) A failure or defect in any product used or intended for use in the automotive glass replacement process that could jeopardize customer safety shall be reported promptly to the manufacturer or supplier of the product.
(2) Any product installed by those engaged in automotive glass replacements that is discovered to be defective or capable of jeopardizing customer safety shall be immediately reported to the customer with an offer to remedy the situation.
F. Those engaged in automotive glass replacement may not introduce any chemical agents, such as cleaners, solvents, lubricants, or release agents, or utilize any installation practice that will adversely affect the glass retention system.
G. Those engaged in automotive glass replacement shall create and retain records of each auto glass replacement for a period of at least 3 years from the date the work was completed sufficient to demonstrate compliance with this standard. Records, either electronic or hard copy, shall be legible, easily identifiable, and readily available. The 3-year period may be temporarily shortened for specific, clear, and substantial reasons, but shall be adhered to when such reasons no longer exist.
H. Those engaged in the repair, removal, or replacement of motorized windows and/or panels in automobiles that are equipped with anti-pinch mechanisms shall reset, initialize, and/or confirm their proper operation before the vehicle is released to its owner/operator. If the reset operation cannot be completed for any reason, the vehicle owner/operator shall be informed verbally and in writing of the failure to reset the system. In addition, the owner/operator shall be instructed to seek out a facility equipped to reset the system. The replacement glass installer is not responsible for the selection of any reset facility. Documentation of customer notification shall be kept as record pursuant to §G of this regulation.
I. If the vehicle has an ADAS, it may require recalibration after any automotive glass replacement. Only trained personnel who elect to provide recalibration services may complete the recalibration, and only if they obtain and use proper equipment and provide the outcome of the recalibration to the owner/operator. If these conditions cannot be met, or if the automotive glass installer does not provide recalibration services, the owner/operator shall be advised prior to and at the completion of the installation that:
(1) The vehicle has an ADAS;
(2) After automotive glass replacement, the vehicle may require the recalibration of the ADAS;
(3) The replacement glass installer will not recalibrate the ADAS;
(4) There are locations where recalibration may be obtained; and
(5) The replacement glass installer is not responsible for the selection of any recalibration location.
**Cross References**
11.13.12.04C
**History**
- *Administrative History: Effective date: March 7, 2022 (49:5 Md. R. 365)*
- *Administrative History: Regulation .01 amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .04C amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05 D, E amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05F adopted effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .09 amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Authority: Commercial Law Article, §13-301; Transportation Article, §§12-104(b) and 22-406, Annotated Code of Maryland*
##### **COMAR 11.13.12.09** Education. {#sec-11.13.12.09 omnilex-key=us-md-regs-official--title-11--11.13.12.09}
A. Technicians installing replacement automotive glass shall be fully qualified for the tasks they are required to perform. Such qualifications shall include, at a minimum, completion of a comprehensive training program, at least 3 hours every 3 years, with a final exam and an ongoing education component. The program shall include, among other things:
(1) Automotive glass replacement safety issues;
(2) An understanding of OEM installation standards and procedures;
(3) Relevant technical specifications;
(4) Adhesive system manufacturer specific comprehensive retention system training; and
(5) The opportunity to apply and demonstrate the skills technicians learn.
B. Technicians performing recalibration/calibration procedures shall be fully qualified for the tasks they are required to perform. Such qualifications shall include, at a minimum, completion of a comprehensive training program with a final exam and ongoing education component. Curriculum used for ADAS training shall be kept on file (in an auditable format) and shall contain the following elements:
(1) What ADAS are, what they do, and how they function;
(2) Types of ADAS;
(3) Purpose of recalibration/calibration and the need for precise execution; and
(4) Types of recalibration/calibration:
(a) Static;
(b) Dynamic; or
(c) Dual (static and dynamic).
(5) Comprehensive and manufacturer specific recalibration/calibration training for the system/equipment used by the automotive glass company are as follows:
(a) Set up and operation of the equipment; and
(b) Maintenance of the equipment.
(6) Successful completion/mastery of the training shall be verified by a final exam which includes:
(a) Knowledge assessment of ADAS and the recalibration/calibration process; and
(b) Skill assessment to verify proper technique and use of equipment.
C. Training with respect to the content and requirements of the current version of ANSI/AGSC/AGRSS shall be required for all personnel directly involved in the automotive glass replacement process and may include, for example, scheduling, purchasing, installing, customer service, quality control, and management. Records of this training detailing content, date, participants, and acknowledgment of the participant’s successful completion of the training and receipt of a printed copy of the current standard shall be maintained.
**History**
- *Administrative History: Effective date: March 7, 2022 (49:5 Md. R. 365)*
- *Administrative History: Regulation .01 amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .04C amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05 D, E amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05F adopted effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .09 amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Authority: Commercial Law Article, §13-301; Transportation Article, §§12-104(b) and 22-406, Annotated Code of Maryland*
## **11.13.13** Golf Cart
##### **COMAR 11.13.13.01** Purpose. {#sec-11.13.13.01 omnilex-key=us-md-regs-official--title-11--11.13.13.01}
The purpose of this chapter is to provide minimum requirements for the operation of a golf cart on designated county and municipal highways.
**History**
- *Administrative History: Effective date: January 20, 2025 (52:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 13-402, and 21-104.2, Annotated Code of Maryland*
##### **COMAR 11.13.13.02** Definitions. {#sec-11.13.13.02 omnilex-key=us-md-regs-official--title-11--11.13.13.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Golf cart” means a small, four-wheeled vehicle powered by a gasoline or electric motor with:
(a) Seating designed to carry more than one occupant;
(b) A maximum capable speed of not more than 20 miles per hour;
(c) A windshield; and
(d) A steering wheel.
(2) “Golf cart” does not mean:
(a) A motor vehicle as defined in Transportation Article, §11-135, Annotated Code of Maryland;
(b) A low-speed vehicle as defined in Transportation Article, §11-130.1, Annotated Code of Maryland;
(c) An off highway recreational vehicle as defined in Transportation Article, §11-140.1, Annotated Code of Maryland; or
(d) A motor vehicle capable of being registered as any other vehicle classification under the Transportation Article of the Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: January 20, 2025 (52:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 13-402, and 21-104.2, Annotated Code of Maryland*
##### **COMAR 11.13.13.03** Equipment Requirements. {#sec-11.13.13.03 omnilex-key=us-md-regs-official--title-11--11.13.13.03}
A. To operate a golf cart on a designated county or municipal highway, the golf cart shall be equipped with:
(1) Red reflectors at the rear of the vehicle, and yellow or amber reflectors to the front and sides of the vehicle;
(2) At least one red tail lamp to illuminate the rear of the vehicle, and to indicate the direction of travel;
(3) At least one amber or yellow park lamp to illuminate the front of the vehicle, and to indicate the direction of travel; and
(4) At least one white projecting beam lamp (head lamp) mounted so that the lamp does not adversely affect the vision of the operators of other vehicles.
B. Other Department of Transportation (DOT) automotive lighting equipment may be installed on the golf cart, but is not required to be in place.
C. Off-road type lighting equipment including spotlights, floodlights, and other lights that are not intended for vehicle on road use, may not be operated while the golf cart is being operated on designated highways, including road shoulders.
**History**
- *Administrative History: Effective date: January 20, 2025 (52:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 13-402, and 21-104.2, Annotated Code of Maryland*
## **11.14** MOTOR VEHICLE ADMINISTRATION — VEHICLE INSPECTIONS
### **11.14.01** General Inspection
##### **COMAR 11.14.01.01** Definitions. {#sec-11.14.01.01 omnilex-key=us-md-regs-official--title-11--11.14.01.01}
A. In COMAR 11.14.01—11.14.06 and 11.14.09, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the State Motor Vehicle Administration of the Maryland Department of Transportation.
(2) “Authorized dealer” means a Maryland dealer licensed as a truck inspection station.
(3) “Authorized inspection station” means a facility which has been licensed to perform inspections on, issue certificates to, or certify safety equipment repair orders for a specific class of vehicle. The following classes of stations are authorized to inspect the types of vehicles listed and any other type of vehicle authorized by the Division:
(a) A—passenger vehicles, limousines, low speed vehicles, recreational motor homes, trucks 10,000 pounds and under GVWR, trailers not equipped with air brakes, up to 20 feet in length, and multipurpose passenger vehicles, except 3-wheeled multipurpose vehicles;
(b) B—any trailer, including those equipped with air brakes;
(c) C—trucks, truck tractors, buses, recreational motor homes, converted buses, and limousines over 10,000 pounds GVWR;
(d) D—combination of Classes B and C;
(e) F—fleet (must own, operate, or control at least 15 vehicles);
(f) M—motorcycles and 3-wheeled multipurpose vehicles, and trailers 20 feet or less in length, if the trailers are not equipped with air brakes;
(g) R—recreational motor homes and converted buses;
(h) T—any trailer up to 10,000 pounds GVWR not equipped with air brakes; and
(i) G—combination of Classes R and T.
(4) “Bed” means the load-carrying part temporarily or permanently attached to a vehicle and separated from the passenger compartment and fully enclosed on both sides by sideboards or side panels, on the front by a board or panel or by the cab of the vehicle and, on the rear, by a tailgate, board, or panel.
(5) “Controller” means an individual who has submitted a Division application, passed a written examination administered by the Division, and been approved by the Division to control the dispensing of inspection certificates to registered inspection mechanics at an authorized inspection station.
(6) “Conviction” has the meaning stated in Transportation Article, §11-110, Annotated Code of Maryland.
(7) “Covert vehicle” means a vehicle used by the Division to monitor compliance with COMAR 11.14.01—11.14.06 and 11.14.09, by authorized inspection station personnel.
(8) Covert Vehicle Inspection.
(a) “Covert vehicle inspection” means the submission of a covert vehicle to an authorized inspection station for inspection.
(b) Covert vehicle inspection may include the presentation of a fictitious safety equipment repair order written for the purpose of covert investigation.
(9) “Dealer” means a dealer who is licensed in this State under Title 15 of the Transportation Article of the Annotated Code of Maryland.
(10) “Division” means the Automotive Safety Enforcement Division of the Department of State Police.
(11) “Enclosures” means the front, rear, and sides of a vehicle bed as defined in Transportation Article, §24-106.1(d)(1), Annotated Code of Maryland.
(12) “Facility” means a dealer, vehicle repair garage, repair shop, or gasoline service station.
(13) “Fictitious safety equipment repair order” means a safety equipment repair order that is an authentic document, prepared by Division personnel, containing information that may be fabricated for the purpose of submission for inspection and compliance with COMAR.
(14) “GVWR” means the gross vehicle weight rating as determined by the manufacturer.
(15) “Inspection certificate” means a written certification by an inspection station that:
(a) Certifies that, as of its date, a specified vehicle meets or exceeds the standards for equipment established in these regulations; and
(b) Is signed and dated on behalf of the inspection station by the registered individual who personally inspected the vehicle.
(16) “Licensee” means the owner of a private business, all partners of a partnership and, in cases of corporations, the corporate officer or person with written power of attorney or any other representative of the corporation as defined under Regulation .02A(3) of this chapter.
(17) “Limousine” means a vehicle that:
(a) Has been modified or stretched for transportation of passengers;
(b) Is driven as part of a service provided by a person that advertises itself as a provider of limousine services or registers with the Public Service Commission as a provider of limousine services; or
(c) Is equipped with amenities not normally provided in passenger cars, including a custom interior, television, video cassette recorder, musical sound system, telephone, ice storage area, additional interior lighting, and driver-passenger communication such as an intercom or power-operated driver partition.
(18) “Load cover” means a device made of canvas or other type material and used to enclose the open top of a vehicle bed.
(19) “Loose material” means loose material as defined in Transportation Article, §24-106.1(a), Annotated Code of Maryland, and COMAR 11.15.20.01.
(20) “Low speed vehicle” means a four-wheeled electric vehicle that has a maximum speed capability that exceeds 20 miles per hour but is less than 25 miles per hour.
(21) “Modular home trailer” means a trailer manufactured solely for the purpose of transporting modular homes or portions of modular homes. These vehicles may be inspected if they are overwidth or overlength, provided a permit has been issued by the State Highway Administration permitting movement on the highway.
(22) “Motorcycle” means a motor vehicle that:
(a) Has motive power;
(b) Has a seat or saddle for the use of the rider;
(c) Is designed to travel:
(i) On not more than three wheels in contact with the ground; and
(ii) At speeds exceeding 35 miles per hour; and
(d) Is of a type required to comply with all motor vehicle safety standards applicable to motorcycles under federal law.
(23) “Multipurpose passenger vehicle” means a motor vehicle that:
(a) Is designed primarily for carrying persons which is constructed on a truck chassis or with special features for occasional off-road operations;
(b) Has 3 wheels; or
(c) Is of unique design that does not clearly meet the requirements of any other class as determined by the Division, except 4-wheel drive passenger vehicles (sedans, convertibles, and station wagons).
(24) “Police officer” means a uniformed police officer or a civilian employee of the Department of State Police as defined in Transportation Article, §§11-147 and 23-101(g), Annotated Code of Maryland.
(25) “Post manufacture window tint inspection report” means a form that:
(a) Has been approved by the Division;
(b) Has been completed by a registered inspection mechanic of an authorized inspection station approved to inspect post manufacture vehicle window tint; and
(c) Includes owner and vehicle information and light transmittance readings of regulated windows equipped with post manufacture window tint.
(26) “Post manufacture window tint medical exemption form” means a form issued by the Division for the purpose of providing notification and documentation to an authorized inspection station performing an inspection of a vehicle that:
(a) Is owned by a person who must be protected from the sun for medical reasons and has been determined by the Division that the owner has met the medical exemption requirements established in Transportation Article, §22-406, Annotated Code of Maryland; and
(b) Excluding the light transmittance requirement, is compliant with all other post manufacture window tinting regulations under this subtitle.
(27) “Rebuilding” means the restoring of a salvage vehicle as set forth in Transportation Article, §13-506, Annotated Code of Maryland, or a vehicle which is inoperable because of the need for major or extensive repairs to the body, frame, suspension, engine, or drive train.
(28) “Registered inspection mechanic” means an individual who:
(a) Has passed the appropriate written test;
(b) Has demonstrated proficiency with inspection and test equipment; and
(c) Is not under any type of administrative sanctions.
(29) “SAE” means the Society of Automotive Engineers.
(30) “Safety equipment repair order (SERO)” means a written directive ordering repair of defective equipment on a specified vehicle.
(31) Second-Stage Manufacturer.
(a) “Second-stage manufacturer” means a licensed second-stage manufacturer as defined in Transportation Article, §15-201, Annotated Code of Maryland.
(b) “Second-stage manufacturer” includes a person who works on an incomplete vehicle so that it becomes a complete vehicle in accordance with COMAR 11.15.27 and Transportation Article, §15-201, Annotated Code of Maryland.
(32) “Securement hardware” means any device or equipment used to attach or secure a cover on a vehicle bed.
(33) “Specially constructed vehicle” means a vehicle which was not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles and has not been materially altered from its original construction, including kit cars and replicas of previously manufactured vehicles.
(34) “State police” means the Maryland State Police.
(35) “Supervisor” means an individual who:
(a) Has submitted a Division application, passed a written examination administered by the Division, and been approved by the Division to act on behalf of a licensee; and
(b) Is responsible for and supervises the daily operation of the inspection program at the licensee's facility.
(36) Vehicle.
(a) “Vehicle” means, except as otherwise provided in this regulation, any vehicle registered or to be registered in this State as:
(i) Class A (passenger) vehicle;
(ii) Class E (truck) vehicle;
(iii) Class F (tractor) vehicle;
(iv) Class G (trailer) vehicle;
(v) Class J (vanpool) vehicle;
(vi) Class M (multipurpose) vehicle;
(vii) Class B (for hire) vehicle;
(viii) Class D (motorcycle) vehicle;
(ix) Class Q (limousine) vehicle;
(x) For the purpose of load covers required by Transportation Article, §24-106.1, Annotated Code of Maryland, any vehicle as defined in Transportation Article, §11-176, Annotated Code of Maryland; or
(xi) For the purpose of safety equipment repair orders only, any motor vehicle, trailer, or semitrailer, except as provided in §B(36)(b) of this regulation.
(b) “Vehicle” does not include any Class L (historic) vehicle, Class N (street rod) vehicle, or trailer which is a mobile home as defined in Transportation Article, §11-134, Annotated Code of Maryland.
(37) “Vehicle inspection handbook” means copies of regulations governing motor vehicle inspection which have been compiled in a handbook obtained from the Office of the Secretary of State, Division of State Documents, for the State of Maryland.
**Cross References**
11.13.11.03B(5)
11.14.01.14B(2)
11.14.01.16A
11.15.27.08B
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2556)*
- *Administrative History: Regulation .01B amended effective April 1, 1991 (18:6 Md. R. 686); October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .04 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .04A amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .05A and C amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07C amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .07H adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .08 repealed effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .09 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .10F—I amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .11 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .11B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .15D, E adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .16B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: Regulation .01B adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulation .01B amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .01B amended as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulation .01B amended effective September 10, 2007 (34:18 Md. R. 1580)*
- *Administrative History: Regulation .04D adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .09 amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .10L amended effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .16F, G adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 2012 (39:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-109, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.01.02** Licensing Requirements for Facilities. {#sec-11.14.01.02 omnilex-key=us-md-regs-official--title-11--11.14.01.02}
A. An application for an authorized inspection station license or renewal shall be submitted on a complete and legible form and signed in ink by the licensee, and accompanied by the fee set forth in COMAR 11.11.05, as follows:
(1) Private business—shall be signed by the owner;
(2) Partnership—shall be signed by all partners;
(3) Corporation—shall be signed by a corporate officer or person with written power of attorney which shall either accompany the application or be on file with the Division.
B. Applications will not be accepted from any applicant who has been in business at that location for less than 6 months except:
(1) Previously licensed facilities which have changed location;
(2) Additional locations of existing or established businesses which have one or more branches licensed as authorized inspection stations;
(3) A dealer licensed by the Administration;
(4) When adequate documentation of previous business operational experience is presented, the Division Commander may waive the 6-month waiting period.
**Cross References**
11.14.01.01B(16)
11.14.01.09A
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2556)*
- *Administrative History: Regulation .01B amended effective April 1, 1991 (18:6 Md. R. 686); October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .04 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .04A amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .05A and C amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07C amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .07H adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .08 repealed effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .09 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .10F—I amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .11 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .11B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .15D, E adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .16B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: Regulation .01B adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulation .01B amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .01B amended as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulation .01B amended effective September 10, 2007 (34:18 Md. R. 1580)*
- *Administrative History: Regulation .04D adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .09 amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .10L amended effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .16F, G adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 2012 (39:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-109, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.01.03** Personnel Requirements. {#sec-11.14.01.03 omnilex-key=us-md-regs-official--title-11--11.14.01.03}
A. Hours of Operation.
(1) Inspection stations shall have regular daytime business hours Monday through Friday from at least 8 a.m. to 4 p.m.
(2) Inspection stations may adjust their regular business days in the best interests of the State and the public on written approval from the Division.
B. Inspection Mechanic Requirements.
(1) Each licensee open to the public shall have available for duty during regular daytime business hours at least one full-time registered inspection mechanic at each authorized inspection station who shall:
(a) Have successfully submitted an application for registered inspection mechanic which is complete, legible, bearing the applicant's signature in ink, and accompanied by the fee set forth in COMAR 11.11.05;
(b) Be at least 18 years old; or at least 17 years old and possess a certificate of satisfactory completion of an automotive mechanic's course from an accredited Maryland high school or its equivalent;
(c) Have a minimum of 12 months' general motor vehicle repair experience;
(d) Be thoroughly familiar with the contents of the Vehicle Inspection Handbook;
(e) Possess a valid driver's license issued in the applicant's name for the class of vehicle to be driven in the course of inspection;
(f) Receive a grade of at least 80 on the administrative part of the examination given by the Division and each part of the examination applying to the class of vehicle on which the applicant will be performing inspections;
(g) Be reexamined if inactive for more than 6 months and be subject to periodic reexamination as required by the Division;
(h) Be capable of performing and passing a demonstrated ability exam as required and prescribed by the Division;
(i) Be capable of road testing the motor vehicle as part of the inspection procedure;
(j) Be responsible for and capable of:
(i) Performing partial and complete inspections;
(ii) Completing all inspection certificates and safety equipment repair orders; and
(iii) Maintaining records pertaining to all complete or partial inspections that the mechanic performs; and
(k) Refrain from the use, or being under the influence, of alcoholic beverages or controlled dangerous substances (CDS) during work hours.
(2) Under §B(1)(f) of this regulation, an approved inspection mechanic need only take those parts of the examination for the additional vehicle class or classes for which the inspection mechanic is seeking to be approved with a grade of at least 80 for each additional part or parts. Three consecutive failures of the written examination shall require at least a 6-month waiting period before any subsequent written examination may be taken.
(3) Under §B(1)(h) of this regulation, in cases when a written examination is required, or upon transfer from one authorized inspection station to another, the Division may require a registered inspection mechanic to pass the demonstrated ability exam. Three consecutive failures of any demonstrated ability exam shall require at least a 6-month waiting period before any subsequent exam. Demonstrated ability exams will be administered by the trooper or civilian employee of the Division assigned supervision of the station where the individual is employed only on routine station visit days and reexamination after failure will be conducted upon the next routine station visit, unless exigent circumstances exist.
(4) Registered inspection mechanics may only be registered at one authorized inspection station on a full-time basis.
C. Controller Requirements.
(1) The applicant/licensee shall designate a controller to control inspection certificates within the facility who shall:
(a) Be approved by the Division to function in that capacity after successfully submitting a Division application and passing a written Supervisor/Controller Examination administered by the Division;
(b) Be authorized to receive inspection certificates from the Division;
(c) Be responsible for issuing in strict numerical sequence all inspection certificates to registered inspection mechanics upon satisfactory completion of inspection;
(d) Assure that all certificates contain the date the vehicle is fully certified and are issued before the vehicle leaves the facility premises;
(e) Maintain strict security of all unused inspection certificates in a locked desk, cabinet, or safe, and assure that only designated personnel have access to the unused inspection certificates; and
(f) Have all records of inspections available at the facility during normal working hours that may be removed by Division personnel as needed.
D. Supervisor Requirements.
(1) The applicant/licensee shall designate supervisory personnel who shall:
(a) Be approved by the Division to function in that capacity after successfully submitting a Division application and passing a written Supervisor/Controller Examination administered by the Division; and
(b) Be responsible for and supervise the daily operation of the inspection program at the licensee's facility.
**Cross References**
11.14.01.04A
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2556)*
- *Administrative History: Regulation .01B amended effective April 1, 1991 (18:6 Md. R. 686); October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .04 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .04A amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .05A and C amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07C amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .07H adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .08 repealed effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .09 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .10F—I amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .11 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .11B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .15D, E adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .16B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: Regulation .01B adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulation .01B amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .01B amended as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulation .01B amended effective September 10, 2007 (34:18 Md. R. 1580)*
- *Administrative History: Regulation .04D adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .09 amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .10L amended effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .16F, G adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 2012 (39:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-109, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.01.04** Administrative Penalties. {#sec-11.14.01.04 omnilex-key=us-md-regs-official--title-11--11.14.01.04}
A. The registration under Regulation .03 of this chapter may be refused, revoked, or suspended if the registered inspection mechanic, controller, supervisor, or inspection station licensee, has committed any of the following offenses:
(1) Misrepresentation or falsification of facts;
(2) Failure to comply with any requirements of these regulations;
(3) Performing inspection or certifying a vehicle for which the mechanic is not registered to inspect, except for defects indicated on a SERO which can be visually certified;
(4) Issuing an inspection certificate for a vehicle without having inspected its equipment;
(5) Issuing a repair order certification for any specified equipment without having inspected that equipment;
(6) Issuing an inspection certificate for a vehicle for which the equipment does not meet or exceed the standards established;
(7) Issuing a repair order certification for any specified equipment if that equipment does not meet or exceed the standards established under this subtitle;
(8) Conviction for:
(a) A felony;
(b) Assault;
(c) Battery;
(d) Theft;
(e) A crime involving fraud; or
(f) A controlled dangerous substance (CDS) violation.
(9) Making, issuing, or knowingly using any fictitious inspection certificate, repair order certification, or other document approved or issued by the Division;
(10) Attaching, causing to be attached, or permitting to be attached to any vehicle an inspection certificate knowing it to be fictitious or issued without the equipment having been inspected for compliance with Transportation Article, Title 23, Subtitle 1, Annotated Code of Maryland;
(11) Issuing, causing to be issued, or permitting to be issued a repair order certification knowing it to be fictitious or issued without the equipment having been inspected for compliance with Transportation Article, Title 23, Subtitle 1, Annotated Code of Maryland;
(12) Materially altering or changing any equipment on a vehicle for which an inspection certificate or a repair order certification has been issued;
(13) A suspension or revocation of a driver's license within the past 3 years;
(14) Using or being under the influence of alcoholic beverages or a controlled dangerous substance (CDS) during work hours; or
(15) Performing vehicle inspections in an area other than an approved designated inspection area.
B. A registered inspection mechanic shall discontinue inspections and notify the Division of any of the following circumstances and may not resume inspections until authorized to do so by the Division:
(1) Revocation, suspension, cancellation, or loss of driver's license;
(2) Change of employment;
(3) Conviction of a crime;
(4) Condition or circumstance which may affect the mechanic's ability to conduct inspections or sign inspection certificates or safety equipment repair orders; or
(5) Request to cancel the registration.
C. An authorized Maryland manufacturer, Maryland second-stage manufacturer, or dealer issuing a certification of repair for a dump service registration vehicle lift axle air/weight ratio defect without inspecting the equipment may have the privilege to certify safety equipment repair orders issued under COMAR 11.15.27.08C revoked.
D. A Maryland diesel emissions retester, as prescribed in COMAR 11.21.02.08, that issues a certification of a repair to meet a diesel emission opacity standard without conducting an emissions test in accordance with COMAR 11.21.02 may have the privilege to certify safety equipment repair orders issued under COMAR 11.21.02 revoked.
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2556)*
- *Administrative History: Regulation .01B amended effective April 1, 1991 (18:6 Md. R. 686); October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .04 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .04A amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .05A and C amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07C amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .07H adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .08 repealed effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .09 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .10F—I amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .11 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .11B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .15D, E adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .16B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: Regulation .01B adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulation .01B amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .01B amended as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulation .01B amended effective September 10, 2007 (34:18 Md. R. 1580)*
- *Administrative History: Regulation .04D adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .09 amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .10L amended effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .16F, G adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 2012 (39:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-109, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.01.05** Facility Requirements. {#sec-11.14.01.05 omnilex-key=us-md-regs-official--title-11--11.14.01.05}
A facility may be licensed as an authorized inspection station with a classification of A, B, C, F, M, R, T or any combination of them. The building and location shall conform to established requirements. If a combination license is applied for, the larger inspection and work area prevails and shall:
A. Be open and readily accessible to the general public except those facilities with an F classification.
B. Comply with all applicable laws, ordinances, and regulations for the jurisdiction in which it is located.
C. Be appropriate for the business to be conducted as described below, including an entrance to the inspection area of sufficient height to accommodate the maximum legal height of vehicles to be inspected:
(1) Authorized inspection station A—contain at least two work areas, one of which shall be at least 12 feet wide and 25 feet long.
(2) Authorized inspection station B—contain an area at least 12 feet wide and at least 60 feet long. This area may be outside.
(3) Authorized inspection station C—contain an area at least 15 feet wide and 45 feet long.
(4) Authorized inspection station D—shall meet all requirements for Classes B and C.
(5) Authorized inspection station F—contain an inspection area meeting the requirements established for the class or classes of vehicles owned or controlled by this facility.
(6) Authorized inspection station M—contain an area at least 10 feet wide and 15 feet long.
(7) Authorized inspection station R—contain an area at least 12 feet wide and 40 feet long.
(8) Authorized inspection station T—this area shall be at least 12 feet wide and at least 60 feet long. This area may be outside.
(9) Authorized inspection station G—shall meet all requirements of Classes R and T.
D. Allow minor repairs to be performed in the inspection area of any authorized inspection station open to the public, provided the area can be readily cleared for an inspection.
E. Require that the inspection area be within one building at the place of business of the licensee.
**Cross References**
11.21.02.08B(3)(b)
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2556)*
- *Administrative History: Regulation .01B amended effective April 1, 1991 (18:6 Md. R. 686); October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .04 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .04A amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .05A and C amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07C amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .07H adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .08 repealed effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .09 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .10F—I amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .11 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .11B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .15D, E adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .16B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: Regulation .01B adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulation .01B amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .01B amended as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulation .01B amended effective September 10, 2007 (34:18 Md. R. 1580)*
- *Administrative History: Regulation .04D adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .09 amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .10L amended effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .16F, G adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 2012 (39:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-109, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.01.06** Inspection Area Requirements. {#sec-11.14.01.06 omnilex-key=us-md-regs-official--title-11--11.14.01.06}
A. An inside inspection area shall have a smooth, level hard-surfaced concrete or cement floor which:
(1) Shall have no more than a 1 percent slope from front to rear, rear to front, or side to side;
(2) May not have a four-way slope;
(3) Shall be free of work benches, displays, machinery, stairways, shelves, car washing equipment or any other obstructions which would create a hazard; and
(4) May not be equipped with a drive-on lift.
B. Authorized inspection stations with two or more inspection areas may designate one area as a headlight testing/alignment area, provided this area meets the size requirements of the type of vehicle to be inspected and the requirements of §§A and C(2) of this regulation.
C. Class A, C, or R authorized inspection stations shall be designed and equipped with:
(1) Two convex mirrors, a minimum of 12 inches in diameter each, one mounted facing forward from the left rear corner and one facing rearward on the right front corner of the inspection bay; and
(2) A track-mounted approved-type headlight tester.
D. Class A authorized inspection stations shall be equipped with:
(1) A frame contact lift capable of raising vehicles, except for limousines and recreational motor homes, at least 5 feet off the floor; and
(2) Jack stands able to hold limousines and recreational motor homes when raised and placed on them.
E. Diagram of Bay Layout.
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2556)*
- *Administrative History: Regulation .01B amended effective April 1, 1991 (18:6 Md. R. 686); October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .04 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .04A amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .05A and C amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07C amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .07H adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .08 repealed effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .09 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .10F—I amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .11 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .11B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .15D, E adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .16B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: Regulation .01B adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulation .01B amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .01B amended as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulation .01B amended effective September 10, 2007 (34:18 Md. R. 1580)*
- *Administrative History: Regulation .04D adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .09 amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .10L amended effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .16F, G adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 2012 (39:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-109, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.01.07** Inspection Test Equipment and Tools. {#sec-11.14.01.07 omnilex-key=us-md-regs-official--title-11--11.14.01.07}
A. Applicants and licensees shall have the following test equipment and tools approved by the Division, except as specified in this regulation:
(1) One headlight tester (not required for Class B, M, or T), any track-mounted make or model:
(a) Capable of accurately testing and aiming headlamp beam patterns and high intensity zones;
(b) Equipped with an accurate beam candlepower output display; and
(c) Including necessary calibration equipment.
(2) One drum micrometer calibration gauge compatible with the brake drum measuring tool;
(3) One disc micrometer calibration gauge compatible with the brake disc measuring tool;
(4) One ball joint checker, any make or model equipped with a dial indicator and capable of accurately measuring ball joint or king pin movement in increments of 0.001 of an inch (not required for Class B or T);
(5) Two jack stands, any make or model, capable of supporting the types of vehicles subject to inspection;
(6) One roller/floor jack, any make or model capable of lifting types of vehicles subject to inspection;
(7) A drum brake micrometer, any make or model capable of accurately measuring for the appropriate type of vehicle the inside diameter of brake drums in at least 0.005 of an inch increments;
(8) A disc brake micrometer, any make or model with a pointed anvil, capable of accurately measuring for the appropriate type of vehicle the thickness of discs or rotors in increments of at least 0.001 of an inch;
(9) One brake shoe lining thickness gauge, any make or model capable of accurately measuring, for the types of vehicles subject to inspection, in fractions of an inch the remaining usable bonded brake lining or the thickness of brake lining remaining above rivet heads;
(10) One brake disc pad thickness gauge, any make or model capable of accurately measuring for the types of vehicles subject to inspection, in fractions of an inch the remaining usable bonded brake disc pad lining or the thickness of brake disc pad lining remaining above rivet heads;
(11) One ammeter, any make or model having a range of 0—40 amperes DC current (not required for Classes C or R);
(12) One screwdriver, any type, capable of spreading tire cuts and breaks to determine severity of damage;
(13) One tire tread depth gauge, any make or model capable of accurately measuring tire tread depth in 1/32 of an inch;
(14) One minimum 25-foot steel tape of any type with clearly legible S.A.E. figures and markings;
(15) Two convex mirrors, a minimum of 12 inches in diameter each, any type providing a wide angle view of the front and rear of the inspection bay (not required for Classes B, M, or T);
(16) Miscellaneous hand tools necessary to perform mechanical disassembly of vehicle components to conduct inspections;
(17) One typewritten or commercially printed S.A.E.-to-metric and metric-to-S.A.E. conversion chart enclosed in clear plastic;
(18) One tire pressure gauge, any make or model, capable of measuring air pressure in pounds per square inch (PSI) for type of vehicle being inspected;
(19) One 4-foot carpenter’s level, any make or model, capable of determining horizontal and vertical levelness (required only if using the Hoppy Vision 100 or the Symtech Corporation “HBA 5” headlight tester); and
(20) One window tint meter (not required for Class B or T), any make or model:
(a) Manufactured as a two-piece device, portable and compact, with digital readout to the nearest percent;
(b) Suitable for testing standard automotive glazing on roll down and fixed windows;
(c) Designed to be operated by one person;
(d) Equipped with an alignment aid feature to assist in obtaining and maintaining accuracy throughout the period of measurement;
(e) Equipped with an activation switch or button, off switch or button, or self deactivation;
(f) Equipped with the manufacturer’s reference sample/calibration standards that are labeled with the manufacturer’s name, serial number (if equipped), and percentage of light transmittance;
(g) Equipped with a light transmittance meter which shall maintain unit accuracy within + or – 2 percentage points (certified by an independent testing laboratory);
(h) Designed to maintain repeatability within + or – 1 percentage point; and
(i) Equipped with a portable carrying case.
(Manufacturers shall provide information to the Division regarding any change in specifications of any approved products used for tint inspection and certification in Maryland.)
B. Care of Test Equipment and Tools.
(1) Test equipment and tools shall be maintained in proper working order at all times.
(2) Any test equipment or tool requiring calibration shall be calibrated as required by the manufacturer, or more frequently, if necessary.
(3) Any test equipment or tool that is not permanently mounted shall be kept together in or within close proximity to the inspection bay.
C. The Division may add or delete test equipment and tools from those set forth in §A of this regulation by notifying licensed inspection stations in writing and requiring them to obtain the additional equipment within 90 days of the written notification.
D. Inspection stations shall have the following reference material for the appropriate class of station:
(1) Class A inspection stations and any Class F fleet inspection stations inspecting the types of vehicles inspected by a Class A inspection station shall have:
(a) Current model year brake, ball joint and tire guide specifications by July 1st of that year; and
(b) Emission guide specifications that are within two model years by July 1st of that year (for example, on July 1, 2011, such stations would be required to have either 2010 or 2011 model year emission guide specifications).
(2) Class C, D, F, R, and G inspection stations are required to have current model year brake specifications by July 1st of that year.
***Agency Note:***
*The required specifications may take the form of a printed or electronic reference source from a computerized system, provided the reference material contains required specifications by July 1st of that year.*
E. Calibration and Certification of Equipment.
(1) Licensed inspection stations shall calibrate their equipment once a month, or as required by §B(2) of this regulation.
(2) Maryland manufacturers, second-stage manufacturers, or authorized dealers:
(a) May calibrate the standard automotive air pressure gauge specified in §J(1) of this regulation daily;
(b) Shall certify the standard automotive air pressure gauge specified in §J(1) of this regulation at least semiannually; and
(c) Shall certify the scale or scales specified in §J(2) of this regulation at least semiannually.
(3) The calibration and certification data specified in §E(1) and (2) of this regulation shall be:
(a) Recorded on a form furnished by the Division;
(b) Made available to Division personnel on request; and
(c) Given, with respect to the calibration date specified in §E(1) of this regulation, to the supervising trooper or civilian employee of the Division at the time of the monthly station check.
F. If any inspection tool or test equipment is found to be inoperative, the licensee shall have the equipment repaired or replaced within 72 hours. During this time, all unused inspection certificates shall be surrendered to the Division and all other issued materials may be retained by the licensee. Complete inspections, reinspections, or repair order certifications requiring the use of the inoperative equipment may not be performed.
G. Upon repair or replacement of the inoperative equipment or tool within 72 hours, the unused inspection certificates shall be returned to the licensee.
H. If the equipment or tool is not repaired or replaced within 72 hours, the unused certificates shall be retained by the Division and the licensee required to remove the inspection station sign from public view. All other issued materials shall be retained by the licensee. However, no complete inspections or repair order certifications may be performed.
I. If the equipment or tool is not repaired or replaced within a total of 90 days, the license shall be suspended or revoked and all issued materials returned to the Division, except where a valid back order receipt is in evidence.
J. Maryland manufacturers, second-stage manufacturers, or authorized dealers operating under COMAR 11.15.27.08 and State-operated weight facilities shall be equipped with a:
(1) Standard automotive air pressure gauge as specified by the Maryland State Police in concurrence with the Maryland Department of Transportation; and
(2) Scale or scales capable of accurately measuring the weight of a lift axle on a four-axle dump truck.
K. The Division Commander shall approve all required measuring devices of this regulation before use.
**Cross References**
11.14.01.09A
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2556)*
- *Administrative History: Regulation .01B amended effective April 1, 1991 (18:6 Md. R. 686); October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .04 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .04A amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .05A and C amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07C amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .07H adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .08 repealed effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .09 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .10F—I amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .11 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .11B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .15D, E adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .16B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: Regulation .01B adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulation .01B amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .01B amended as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulation .01B amended effective September 10, 2007 (34:18 Md. R. 1580)*
- *Administrative History: Regulation .04D adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .09 amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .10L amended effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .16F, G adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 2012 (39:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-109, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.01.08** Repealed. {#sec-11.14.01.08 omnilex-key=us-md-regs-official--title-11--11.14.01.08}
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2556)*
- *Administrative History: Regulation .01B amended effective April 1, 1991 (18:6 Md. R. 686); October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .04 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .04A amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .05A and C amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07C amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .07H adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .08 repealed effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .09 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .10F—I amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .11 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .11B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .15D, E adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .16B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: Regulation .01B adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulation .01B amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .01B amended as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulation .01B amended effective September 10, 2007 (34:18 Md. R. 1580)*
- *Administrative History: Regulation .04D adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .09 amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .10L amended effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .16F, G adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 2012 (39:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-109, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.01.09** Agreement of Licensee. {#sec-11.14.01.09 omnilex-key=us-md-regs-official--title-11--11.14.01.09}
A. Upon compliance with the requirements of Regulations .02—.07 of this chapter and being licensed as an authorized inspection station, the licensee:
(1) Agrees to act in the best interest of the State and the general public and comply with the agreement contained in the application for an authorized inspection station license;
(2) Acknowledges that the licensee understands the license may be revoked, suspended, or refused for the reasons provided in these regulations and, upon revocation, suspension, or refusal, the licensee shall surrender the license and all related materials issued by the Division; and
(3) Acknowledges that the Division reserves the right, in the interest of public safety and in determining compliance with the subtitle, to conduct covert vehicle inspections at authorized inspection stations.
B. The licensee may not use as a defense, to a charge of violating any provision of this subtitle, that a fictitious safety equipment repair order was presented to the registered inspection mechanic as part of a covert vehicle inspection.
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2556)*
- *Administrative History: Regulation .01B amended effective April 1, 1991 (18:6 Md. R. 686); October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .04 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .04A amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .05A and C amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07C amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .07H adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .08 repealed effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .09 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .10F—I amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .11 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .11B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .15D, E adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .16B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: Regulation .01B adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulation .01B amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .01B amended as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulation .01B amended effective September 10, 2007 (34:18 Md. R. 1580)*
- *Administrative History: Regulation .04D adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .09 amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .10L amended effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .16F, G adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 2012 (39:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-109, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.01.10** Obligations of Authorized Inspection Stations, Maryland Manufacturers, Second-Stage Manufacturers, and Dealers. {#sec-11.14.01.10 omnilex-key=us-md-regs-official--title-11--11.14.01.10}
A. Inspections.
(1) At the request of a vehicle owner, dealer, or agent, the licensee shall perform a complete inspection or a reinspection of a vehicle.
(2) Whether the vehicle's equipment meets minimum safety standards or is rejected because it does not, the licensee shall give the owner, dealer, or agent a copy of the Division's vehicle inspection report which shall list all defective equipment, if any.
(3) If a rejected vehicle is repaired and returned within 30 days and within 1,000 miles after the original inspection to the same authorized inspection station where it was rejected, only the defective equipment or any defect visually observed is required to be reinspected. Otherwise, a complete inspection shall be performed.
(4) Appointments shall be honored, but if a complete inspection or reinspection cannot be performed when scheduled, an appointment for the complete inspection or reinspection shall be set for not more than 3 business days from the date of the original appointment.
B. Reinspections.
(1) For a reinspection, the registered inspection mechanic who originally performed the complete inspection shall perform the reinspection on the appointment date, if possible.
(2) If the registered inspection mechanic who performed the original complete inspection is not available on a scheduled reinspection appointment date, the licensee is responsible for a complete reinspection and may charge only the appropriate fee for reinspection of the equipment indicated defective when the original complete inspection was performed, or shall refund the fee for the original complete inspection.
(3) If the registered inspection mechanic who performed the original complete inspection has had the mechanic's registration suspended or revoked as a result of an administrative action, the licensee shall:
(a) Refund the initial inspection fee; or
(b) If there is another registered inspection mechanic at the station, have the vehicle completely reinspected and only charge the fee for the reinspected equipment.
(4) If the facility's authorized inspection station license is suspended or revoked as a result of an administrative action, the facility's owner shall refund the initial inspection fee.
C. The licensee shall have available for use by all inspection personnel the Vehicle Inspection Handbook including all supplements.
D. Except as provided in §D(1) and (2) of this regulation, the licensee and the supervisor shall permit only registered inspection mechanics to perform inspections and only within the designated inspection area.
(1) Certification of defects on safety equipment repair orders which require only a visual inspection may be performed outside the designated area but on the premises of the business.
(2) The inspection and certification of defect #61 “TINT” on safety equipment repair orders may be performed outside the designated inspection area but on the premises of the business.
E. The licensee and the supervisor shall permit only registered inspection mechanics to sign inspection certificates, vehicle inspection reports, safety equipment repair orders, or post manufacture window tint inspection reports.
F. Maryland manufacturers, second-stage manufacturers, or authorized dealers certifying equipment repair orders under COMAR 11.15.27 are responsible for supplying a list of individuals authorized to certify safety equipment repair orders to the Automotive Safety Enforcement Division (ASED), and shall notify the ASED of changes to the list within 10 days.
G. The licensee shall discontinue inspections and notify the Division of the following circumstances and may not resume inspections until authorized to do so by the Division:
(1) Change in ownership, partnership, corporate representatives, or trade name;
(2) Change in location of the facility;
(3) Any remodeling or significant change to the inspection area;
(4) Request of the licensee to cancel the licensee's license or application; or
(5) Any circumstance which prevents a complete inspection, the issuance of an inspection certificate, or a repair order certification.
H. Notifying the Division.
(1) The licensee or supervisor shall immediately notify the Division of the following circumstances:
(a) Change of inspection or supervisory personnel;
(b) Stolen, lost, or damaged inspection certificates, license, sign, or records pertaining to inspection;
(c) Conviction of criminal or motor vehicle laws, restrictions imposed on driver's license, or loss of driver's license of any registered inspection mechanic; or any condition or circumstance which may affect the mechanic's ability to conduct inspections or sign inspection certificates or safety equipment repair orders; or
(d) Anything unusual to indicate the serial number plate has been tampered with.
(2) If a licensee does not have a registered inspection mechanic in the licensee's employ, the licensee shall surrender all unused inspection certificates to the Division and remove the inspection station sign from public view. If a registered inspection mechanic is not employed within 90 days, the license shall be cancelled.
I. The licensee, when applicable, shall display the issued authorized inspection station sign on his property in a manner visible to the public on the main thoroughfare where the business is located.
J. The licensee shall prominently display in public view the following in a frame and under clear glass or plastic:
(1) Authorized inspection station license;
(2) Required official inspection procedure chart with approved inspection fee; and
(3) Registered inspection mechanic list.
K. The licensee or supervisor shall assure that the inspection area is kept clear.
L. Inspection Fee.
(1) The licensee of an authorized inspection station open to the public may establish a fee for a complete inspection based on the times listed in this section at the hourly flat rate charged for similar mechanical repairs:
(a) Vehicles 10,000 pounds and under GVWR — 1.5 hours, which includes 0.4 hour for adjustment of headlights;
(b) Vehicles 10,000 pound and under GVWR with 4-wheel drive or full floating axles — 2.0 hours, which includes 0.4 hour for adjustment of headlights, and with each additional axle add 1 hour;
(c) Vehicles over 10,000 pounds GVWR with front and rear brakes — 2.9 hours, which includes 0.4 hour for adjustment of headlights, and with each additional axle add 1.5 hours;
(d) Vehicles over 10,000 pounds GVWR without front brakes — 2.4 hours, which includes 0.4 hour for adjustment of headlights and with each additional axle with brakes add 1.5 hours;
(e) Trailers under 10,000 pounds GVWR without brakes — 0.5 hour, and with each axle with brakes add 0.5 hour;
(f) Trailers over 10,000 pounds GVWR — 0.5 hour:
(i) Each additional axle with single wheels add 0.75 hour; and
(ii) Each additional axle with dual wheels add 1.5 hours.
(g) Motorcycles — 0.75 hour; and
(h) Vehicles with post manufacture window tint applied to windows required to meet at least 35 percent light transmittance and compliant with all other post manufacture window tinting regulations under this subtitle — 0.2 hour of hourly flat rate in addition to applicable inspection fees established under this section.
(2) If the defects are not repaired at the authorized inspection station and the vehicle is returned for reinspection and certification, a prorated inspection fee may be charged for the reinspection of those defects requiring jacking, lifting, measuring, or testing. A fee, if charged, will be based on defect or defects inspection as set forth in the safety equipment repair order certification procedures. However, an additional fee may not be charged for the reinspection of those defects which may be visually inspected and do not require the use of test or inspection equipment.
(3) Safety Equipment Repair Order Certification Procedures. A fee for certification of defects on a safety equipment repair order may be charged as follows and based on the prevailing hourly labor flat rate at the authorized inspection station. Those defects which can be merged shall be charged at the single highest rate, for example, tires and steering, 0.2 hour of the facility's hourly labor flat rate, or tires and wheel alignment, 0.3 hour of the facility's hourly labor flat rate. The inspection fee for multiple defects which can be merged may not be higher than the highest single time increment. Those which cannot be merged may be charged separately provided the total inspection fee is not exceeded. An inspection fee may not be charged for the certification of a SERO with defects which may be visually inspected. These defects are noted with an asterisk on the SERO and do not require the use of test or inspection equipment. The licensee may establish a fee for certification of a SERO which cannot be visually inspected based on the following fee charged for inspections:
(a) Defect #50 brakes:
(i) Vehicles over 10,000 pounds GVWR with dual wheels — 1.5 hours of the facility's hourly labor flat rate per axle for removing each wheel and inspecting the brakes on each axle;
(ii) Vehicles over 10,000 pounds GVWR with single wheels — 0.5 hour of the facility's hourly labor flat rate per axle for removing each wheel and inspecting the brakes on each axle; and
(iii) All other vehicles requiring wheel removal — 0.5 hour of the facility's hourly labor flat rate per axle for removing each wheel and inspecting the brakes on each axle.
(b) Other defects:
(i) Defect #51 tires — 0.2 hour of the facility's hourly labor flat rate;
(ii) Defect #52 steering — 0.2 hour of the facility's hourly labor flat rate;
(iii) Defect #53 exhaust system — 0.3 hour of the facility's hourly labor flat rate;
(iv) Defect #54 windshield wipers*;
(v) Defect #55 headlights* — 0.3 hour of the facility's hourly labor flat rate to check for aim; and an additional 0.1 hour may be added if adjustment is needed;
(vi) Defect #56 taillights*;
(vii) Defect #57 horn*;
(viii) Defect #58 driver's seat — 0.2 hour of the facility's hourly labor flat rate;
(ix) Defect #59 suspension/shocks — 0.2 hour of the facility's hourly labor flat rate;
(x) Defect #60 bumper or bumpers*;
(xi) Defect #61 glass* tint — 0.2 hour of the facility’s hourly labor flat rate to test the light transmittance of windows equipped with post manufacture window tint and required to have at least 35 percent light transmittance;
***Agency Note***
*: Before use of the station’s window tint meter is permitted and a fee is charged to inspect regulated windows equipped with post manufacture window tint, the vehicle must first be compliant with all other post manufacture window tinting regulations under this subtitle. The inspection and certification for the defect "tint” not requiring the use of a window tint meter shall be performed without charge and only by an authorized inspection station approved to inspect that class of vehicle.*
(xii) Defect #62 load cover*;
(xiii) Defect #64 stop lights*;
(xiv) Defect #65 tag light or lights*;
(xv) Defect #66 dash lights*;
(xvi) Defect #67 wheel alignment — 0.3 hour of the facility's hourly labor flat rate;
(xvii) Defect #68 rearview mirrors*;
(xviii) Defect #69 door latch or door handle*;
(xix) Defect #70 fuel system — 0.2 hour of the facility's hourly labor flat rate, except cap*;
(xx) Defect #71 turn signals*;
(xxi) Defect #72 wheel or wheel lugs — 0.2 hour of the facility's hourly labor flat rate;
(xxii) Defect #73 hood catch or hood catches*;
(xxiii) Defect #74 floor/trunk pan or pans — 0.2 hour of the facility's hourly labor flat rate;
(xxiv) Defect #76 fenders or flaps*;
(xxv) Defect #77 speedometer/odometer — 0.2 hour of the facility's hourly labor flat rate;
(xxvi) Defect #78 hazard warning lamps*;
(xxvii) Defect #79 parking lamps*;
(xxviii) Defect #80 side marker lamps*;
(xxix) Defect #81 fog/auxiliary lamps — 0.3 hour of the facility's hourly labor flat rate;
(xxx) Defect #82 emergency warning lamps*;
(xxxi) Defect #83 back-up lamp or lamps*;
(xxxii) Defect #84 reflectors*;
(xxxiii) Defect #85 external air brake components — 0.3 hour of the facility's hourly labor flat rate;
(xxxiv) Defect #86 low air warning device*;
(xxxv) Defect #87 clearance lamp*;
(xxxvi) Defect #88 identification lamps*;
(xxxvii) Defect #89 safety belts — 0.3 hour of the facility's hourly labor flat rate;
(xxxviii) Defect #90 lift axle air/weight ratio — 0.5 hour of the facility's hourly labor flat rate; and
(xxxix) Defect #91 diesel emission — 0.5 hour of the facility's hourly labor flat rate.
(4) Any class of authorized inspection station open to the public may certify any defect on a safety equipment repair order which is indicated as visually certifiable. Defects which can be visually certified are indicated by an asterisk after the defect on a safety equipment repair order.
(5) A request for an inspection fee increase shall be justified to the satisfaction of the Division before being charged. Inspection fee increases shall be approved by the Division. Requests to increase the inspection fee shall be submitted to the Division on the approved form.
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2556)*
- *Administrative History: Regulation .01B amended effective April 1, 1991 (18:6 Md. R. 686); October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .04 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .04A amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .05A and C amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07C amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .07H adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .08 repealed effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .09 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .10F—I amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .11 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .11B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .15D, E adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .16B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: Regulation .01B adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulation .01B amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .01B amended as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulation .01B amended effective September 10, 2007 (34:18 Md. R. 1580)*
- *Administrative History: Regulation .04D adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .09 amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .10L amended effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .16F, G adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 2012 (39:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-109, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.01.11** Records. {#sec-11.14.01.11 omnilex-key=us-md-regs-official--title-11--11.14.01.11}
A. To enable the Division to determine the ability of each authorized inspection station to continue to conduct inspections and make corrections to equipment, each authorized inspection station shall maintain on their premises, adequate records in strict numerical sequence and as otherwise required by the Division. These records shall be available to the Division and other police officers during normal working hours. The inspection certificates and the Division's vehicle inspection reports shall be maintained for at least 8 months from the date of issuance and safety equipment repair orders and certifications for at least 2 years from the date of certification. Post manufacture window tint inspection reports and medical exemption forms shall be maintained by authorized inspection stations as required by the Division. These records shall include:
(1) Inspection certificates issued;
(2) Safety equipment repair order certifications filed numerically by calendar year;
(3) Two-part vehicle inspection reports, for the appropriate vehicle classes, signed by the registered inspection mechanics who performed the inspections;
(4) Two-part post manufacture window tint inspection reports, completed and signed by the registered inspection mechanics who performed the inspections of post manufacture window tint applied to regulated windows of vehicles; and
(5) Post manufacture window tint medical exemption forms issued by the Division.
B. The two-part vehicle inspection report shall be printed in black ink and made from carbonless paper, so that the second part shall have the exact information on it as the first part. The original of the two part vehicle inspection report shall be white in color and the carbonless copy shall be yellow in color. The inspection report shall be completed in black ink. The original of the report shall be maintained at the inspection station and the copy shall be given to the vehicle owner, owner's agent, or the dealer. The vehicle inspection report shall:
(1) Contain the name, complete address, and phone number of the owner, owner's agent, or dealer requesting the vehicle inspection;
(2) Contain the year, make, model, and serial number or manufacturer's vehicle identification number (VIN) as obtained from the vehicle and indicate any information relevant to possible tampering with a serial number plate;
(3) Indicate the inspection station assigned number;
(4) Contain the date of initial inspection which shall include the name of the month, a two-digit date, and the year (for example, June 04, 2011);
(5) Indicate the odometer reading at the time of inspection on the applicable vehicles;
(6) Indicate whether equipment required to be inspected meets established safety standards;
(7) Indicate wheels or drums removed for inspection;
(8) Indicate the measurements and minimum specifications of brake discs and maximum specifications of brake drums;
(9) Indicate brake lining or pad thickness measurements at the thinnest point above the rivet head on riveted lining or the thinnest point on bonded lining;
(10) Indicate ball joint or king pin play measurements obtained by use of a ball joint checker. If no play is present, a zero will be sufficient. If the vehicle is equipped with wear-indicating ball joints, note this on the vehicle inspection report;
(11) Indicate a “P” for headlight alignment that passes, or an “F” for headlight alignment that fails, in the block for headlight readings obtained by use of a Division-approved headlight tester before adjustments are made; and
(12) Indicate the work order number from a preprinted numbered internal work order that cross-references the initial inspection and any repair work performed by the inspection station related to the inspection.
C. Initial inspections and any repair work performed by the inspection station related to the inspection shall be documented on a preprinted numbered internal work order.
D. Permission shall be obtained from the vehicle owner or agent before any repair resulting from an inspection is performed at the authorized inspection station. If any such repair work over $50 is necessary, this permission should be in writing. All the requirements of the auto repair facilities law, Commercial Law Article, Title 14, Subtitle 10, Annotated Code of Maryland, shall be complied with by each authorized inspection station.
E. The inspection station shall give the owner, the owner's agent, or the dealer the completed carbonless copy of the two-part vehicle inspection report, and on reinspection shall indicate on the original report whether the equipment has been repaired and meets established safety standards.
F. The two-part post manufacture window tint inspection report shall be printed in black ink and made from carbonless paper, so that the second part shall have the exact information on it as the first part. The original shall be white in color and the carbonless copy shall be yellow in color. The inspection report shall be completed in black ink.
(1) The post manufacture window tint inspection report shall be completed as required by the Division and shall:
(a) Contain the date of inspection which shall include the name of the month, a two-digit date, and the year (for example, June 04, 2011);
(b) Contain, when applicable, the corresponding inspection certificate number or safety equipment repair order number;
(c) Contain the year, make, model, and serial number or manufacturer's vehicle identification number (VIN) as obtained from the vehicle;
(d) Contain the name, address, and phone number of the owner, owner's agent, or the dealer requesting the vehicle inspection;
(e) Indicate the percentage of light transmittance of each regulated window containing post manufacture vehicle window tint;
(f) Indicate in the appropriate (Pass / Fail) box the results of the post manufacture window tint inspection;
(g) Contain the written signature and legibly printed name of the registered inspection mechanic who performed the inspection; and
(h) Contain the name, address, station number, and classification of the authorized inspection station using a legible stamp and black ink.
(2) Upon completion of the post manufacture window tint inspection report, the original of the report shall be maintained at the inspection station as required by the Division and the carbonless copy shall be given to the vehicle owner, owner's agent, or the dealer for their records.
G. The post manufacture window tint medical exemption form shall be established and issued only by the Division for the purpose of providing notification and documentation to an authorized inspection station performing an inspection of a vehicle that:
(1) Is owned by a person who must be protected from the sun for medical reasons and has been determined by the Division that the owner has met the medical exemption requirements established in Transportation Article, §22-406, Annotated Code of Maryland; and
(2) Excluding the light transmittance requirement, is compliant with all other post manufacture window tinting regulations under this subtitle.
H. The post manufacture window tint medical exemption form issued by the Division shall be maintained by the authorized inspection station as required by the Division.
I. The Division may require the licensee to maintain certain other administrative records pertaining to the inspection process.
J. A Maryland manufacturer, second-stage manufacturer, or authorized dealer as specified under COMAR 11.15.27 who certifies safety equipment repair orders for lift axle air/weight ratio for dump service registration vehicles shall maintain safety equipment repair orders for at least 2 years. These safety equipment repair order certifications shall be filed numerically for each calendar year.
K. Recording VIN. Under §B(2) of this regulation, if a vehicle has more than one VIN, the registered mechanic shall, if the numbers are obtainable, record each VIN on the inspection certificate and the vehicle inspection report. On vehicles classified as homemade trailers, the VIN plate shall be attached to the outside of the left portion of the trailer tongue as near as possible to the front of the trailer body. If this is not practical, the plate shall be attached to the outside of the left side rail of the frame as near as possible to the front of the trailer. The plate shall be attached with rivets.
**Cross References**
11.14.01.15A(6)(c)
11.14.01.15B(3)
11.14.01.16A(1)
11.14.09.05B(1)
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2556)*
- *Administrative History: Regulation .01B amended effective April 1, 1991 (18:6 Md. R. 686); October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .04 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .04A amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .05A and C amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07C amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .07H adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .08 repealed effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .09 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .10F—I amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .11 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .11B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .15D, E adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .16B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: Regulation .01B adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulation .01B amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .01B amended as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulation .01B amended effective September 10, 2007 (34:18 Md. R. 1580)*
- *Administrative History: Regulation .04D adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .09 amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .10L amended effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .16F, G adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 2012 (39:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-109, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.01.12** Revocation, Suspension, or Refusal of Authorized Inspection Station License. {#sec-11.14.01.12 omnilex-key=us-md-regs-official--title-11--11.14.01.12}
The following may be cause for revocation, suspension, or refusal of an authorized inspection station license:
A. Failure to maintain any of the standards or requirements set forth in these regulations;
B. Failure to notify the Division of personnel, physical plant, or equipment changes;
C. Failure to maintain required records;
D. Change in ownership, partnership, corporate representatives, or trade name;
E. Change in location of the facility or inspection area;
F. Failure to maintain inspection tools and test equipment in proper working condition;
G. Violation of any provision or requirement of these regulations, or violation of any part of Transportation Article, Title 23, Subtitle 1, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2556)*
- *Administrative History: Regulation .01B amended effective April 1, 1991 (18:6 Md. R. 686); October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .04 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .04A amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .05A and C amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07C amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .07H adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .08 repealed effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .09 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .10F—I amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .11 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .11B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .15D, E adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .16B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: Regulation .01B adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulation .01B amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .01B amended as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulation .01B amended effective September 10, 2007 (34:18 Md. R. 1580)*
- *Administrative History: Regulation .04D adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .09 amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .10L amended effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .16F, G adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 2012 (39:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-109, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.01.13** Repealed. {#sec-11.14.01.13 omnilex-key=us-md-regs-official--title-11--11.14.01.13}
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2556)*
- *Administrative History: Regulation .01B amended effective April 1, 1991 (18:6 Md. R. 686); October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .04 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .04A amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .05A and C amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07C amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .07H adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .08 repealed effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .09 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .10F—I amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .11 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .11B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .15D, E adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .16B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: Regulation .01B adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulation .01B amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .01B amended as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulation .01B amended effective September 10, 2007 (34:18 Md. R. 1580)*
- *Administrative History: Regulation .04D adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .09 amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .10L amended effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .16F, G adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 2012 (39:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-109, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.01.14** Vehicle Sale or Transfer of Ownership. {#sec-11.14.01.14 omnilex-key=us-md-regs-official--title-11--11.14.01.14}
A. An inspection is required when a used vehicle is sold or ownership is transferred or when a used vehicle is to be titled and registered in the State. As requested by a vehicle owner, owner's agent, or dealer, a certified inspection mechanic at an inspection station shall perform a complete inspection, as set forth in this subtitle.
B. An inspection is not required for:
(1) Sales or transfers of used vehicles to a licensed or foreign dealer;
(2) Sales or transfers accompanied by a signed statement by the purchaser or transferee that the sale or transfer is made for the purpose of rebuilding, as defined in Regulation .01B(27) of this chapter, or dismantling the vehicle;
(3) Transfers between spouses or between former spouses when the transfer occurs as a result of a settlement or court order predating the divorce;
(4) Transfers between parent and child or child and parent;
(5) Transfers of co-owned vehicles when a co-owner's name is being removed from the title;
(6) Sales or transfers of used vehicles which are not to be both titled and registered in the State;
(7) Transfers of used vehicles among State agencies;
(8) Transfers of used vehicles as described in Transportation Article, §13-503.2, Annotated Code of Maryland;
(9) The transfer of a used vehicle into a written inter vivos trust in which the transferor is the primary beneficiary; or
(10) The transfer of a used island vehicle, as defined in Transportation Article, §13-935, Annotated Code of Maryland, registered, or to be registered, as a Class K (farm area/island) vehicle.
C. Either the transferor or the transferee may obtain required inspection certificates for vehicles registered or to be registered as:
(1) Class E (truck) over 3/4 ton manufacturer's rated capacity;
(2) Class F (tractor); or
(3) Class G (freight trailer or semitrailer).
D. If a used vehicle is transferred other than by voluntary transfer or is transferred by a political subdivision of the State after that subdivision obtains the vehicle by proceedings pursuant to Criminal Procedure Article, Title 12, Annotated Code of Maryland, the transferee shall obtain the inspection certificate from an authorized inspection station.
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2556)*
- *Administrative History: Regulation .01B amended effective April 1, 1991 (18:6 Md. R. 686); October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .04 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .04A amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .05A and C amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07C amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .07H adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .08 repealed effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .09 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .10F—I amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .11 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .11B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .15D, E adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .16B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: Regulation .01B adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulation .01B amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .01B amended as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulation .01B amended effective September 10, 2007 (34:18 Md. R. 1580)*
- *Administrative History: Regulation .04D adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .09 amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .10L amended effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .16F, G adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 2012 (39:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-109, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.01.15** Inspection Certificate. {#sec-11.14.01.15 omnilex-key=us-md-regs-official--title-11--11.14.01.15}
A. Upon successful completion of an inspection, the registered inspection mechanic who performed the inspection shall issue a prenumbered inspection certificate before the vehicle leaves the premises. The inspection certificate shall be completed in black ink and:
(1) Contain the serial number or manufacturer's identification number (vehicle identification number) obtained from the vehicle;
(2) Contain the make, type, year, and current odometer reading of the vehicle when applicable;
(3) Contain the name, address, station number, and classification of the authorized inspection station using a legible stamp and black ink;
(4) Contain a certification date which shall include the name of the month, a two-digit date, and the year, for example, January 02, 2010, or March 23, 2012;
(5) Contain the written signature and legibly printed name of the registered inspection mechanic who performed the inspection; and
(6) Be distributed as follows:
(a) The original copy of the certificate shall be furnished to the vehicle owner, dealer, or agent;
(b) The purchaser's copy shall be given to the owner, dealer, or agent who shall deliver this copy to the purchaser upon transfer of ownership of the vehicle;
(c) Inspection station copy shall be maintained as required by Regulation .11 of this chapter; and
(d) Additional instructions are on the reverse side of the copies of the inspection certificate.
B. If the original inspection certificate is lost, damaged, or contains incorrect or illegible information and a duplicate certificate is necessary, the following will apply:
(1) A duplicate certificate may only be issued by the inspection mechanic who issued the original certificate unless authorized otherwise by the Division;
(2) Except for corrections, a duplicate certificate shall contain exactly the same date, odometer reading, and all other pertinent information as the original certificate; and
(3) When possible, the original certificate and all copies will be marked VOID, cross-referenced with the duplicate certificate and filed as required by Regulation .11 of this chapter.
C. Inspection certificates will be issued to each authorized inspection station by the Division.
D. Inspection certificates shall remain valid for 90 calendar days from the date the inspection certificate is issued.
E. An inspection certificate issued for a used vehicle owned and held in inventory by a dealer licensed under Transportation Article, Title 15, Annotated Code of Maryland, shall remain valid for 6 months or 1,000 miles from the date the inspection certificate was issued, whichever occurs first.
F. A vehicle titled and registered with the Administration may be transferred and retitled to another owner within 30 days from the date of the last inspection without requiring a reinspection.
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2556)*
- *Administrative History: Regulation .01B amended effective April 1, 1991 (18:6 Md. R. 686); October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .04 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .04A amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .05A and C amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07C amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .07H adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .08 repealed effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .09 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .10F—I amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .11 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .11B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .15D, E adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .16B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: Regulation .01B adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulation .01B amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .01B amended as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulation .01B amended effective September 10, 2007 (34:18 Md. R. 1580)*
- *Administrative History: Regulation .04D adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .09 amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .10L amended effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .16F, G adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 2012 (39:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-109, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.01.16** Safety Equipment Repair Orders. {#sec-11.14.01.16 omnilex-key=us-md-regs-official--title-11--11.14.01.16}
A. The vehicle owner or his agent shall present the No. 3, 4, and 5 copies of the safety equipment repair order to an authorized inspection station. The registered inspection mechanic shall inspect as set forth in the Vehicle Inspection Handbook, or as directed by the Division, only those defects indicated on the repair order to determine if the defects have been corrected and meet or exceed established safety standards. Inspection mechanics who are presented with a fictitious safety equipment repair order as defined in Regulation .01B(13) of this chapter, shall complete an inspection of only those defects indicated on the fictitious safety equipment repair order in accordance with established procedures and in a manner identical to an actual repair order. If the defects have been corrected and meet or exceed established safety standards, the registered inspection mechanic shall certify the safety equipment repair order using the method prescribed for inspection certificates contained in Regulation .15A(3)—(5) of this chapter, in the space provided and copies shall be distributed as follows:
(1) Number 3 (inspection station/police department) copy — retained and filed as required by Regulation .11 of this chapter;
(2) Number 4 (owner/agent) copy — returned to the vehicle owner or the owner's agent for his records; and
(3) Number 5 (State Police compliance copy) — returned to the vehicle owner or the owner's agent to be forwarded to the Division.
B. Important instructions for the vehicle owner and authorized inspection station are on the reverse sides of the owner's and inspection station copies.
C. If a notice of suspension is presented for certification, the procedures set forth in §A of this regulation will apply and the copies shall be distributed as follows:
(1) Letter (white) copy — returned to vehicle owner/agent to be forwarded to the Division;
(2) Yellow (inspection station/police department) copy — retained on file as required by §A(1) of this regulation; and
(3) Goldenrod (owner/agent) copy — returned to vehicle owner/agent.
D. A dump service registration vehicle registered under COMAR 11.15.27 that receives a safety equipment repair order for an inaccurate lift axle air/weight ratio shall be inspected during normal business hours by:
(1) A Maryland manufacturer;
(2) A Maryland second-stage manufacturer;
(3) An authorized dealer; or
(4) A State-operated weight facility.
E. A vehicle owner or the vehicle owner's agent receiving a safety equipment repair order under COMAR 11.15.27.08C shall present for certification the No. 3, 4, and 5 copies of the safety equipment repair order to:
(1) A Maryland manufacturer;
(2) A Maryland second-stage manufacturer;
(3) An authorized dealer; or
(4) A State-operated weight facility.
F. A diesel vehicle as defined in COMAR 11.21.02.01 that receives a safety equipment repair order for violating emissions standards under COMAR 11.21.02.06 shall be inspected during normal operating hours by:
(1) A Maryland emissions inspector; or
(2) A diesel emissions retester in Maryland as prescribed in COMAR 11.21.02.08.
G. A vehicle owner or owner's agent receiving a safety equipment repair order under COMAR 11.21.02 shall present for certification copies 3, 4, and 5 of the safety equipment repair order to a:
(1) Maryland emissions inspector; or
(2) A diesel emissions retester in Maryland as prescribed in COMAR 11.21.02.08.
**Cross References**
11.21.02.09A(3)
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2556)*
- *Administrative History: Regulation .01B amended effective April 1, 1991 (18:6 Md. R. 686); October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .04 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .04A amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .05A and C amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07C amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .07H adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .08 repealed effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .09 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .10F—I amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .11 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .11B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .15D, E adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .16B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: Regulation .01B adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulation .01B amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .01B amended as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulation .01B amended effective September 10, 2007 (34:18 Md. R. 1580)*
- *Administrative History: Regulation .04D adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .09 amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .10L amended effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .16F, G adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 2012 (39:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-109, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.01.17** Suspension of Vehicle Registration. {#sec-11.14.01.17 omnilex-key=us-md-regs-official--title-11--11.14.01.17}
A. Whenever the owner of a vehicle fails to comply with a safety equipment repair order within the time prescribed by law, a notice of suspension of the registration plates shall be issued.
B. Whenever the owner of a vehicle fails to comply with a notice of suspension which requires the registration plates to be returned to the Administration within 10 days, a tag pick up order shall be issued. The registration plates are subject to confiscation by a police officer, as defined in Transportation Article, §23-101(g), Annotated Code of Maryland, following procedures established by the Division, and shall be forwarded to the Administration upon confiscation.
C. The Administration shall retain the confiscated registration plates until the suspension is rescinded. Upon satisfactory proof of correction of defective equipment, the Maryland State Police shall notify the Administration, and registration plates shall be released or issued to the owner of the vehicle.
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2556)*
- *Administrative History: Regulation .01B amended effective April 1, 1991 (18:6 Md. R. 686); October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .04 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .04A amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .05A and C amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07C amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .07H adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .08 repealed effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .09 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .10F—I amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .11 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .11B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .15D, E adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .16B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: Regulation .01B adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulation .01B amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .01B amended as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulation .01B amended effective September 10, 2007 (34:18 Md. R. 1580)*
- *Administrative History: Regulation .04D adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .09 amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .10L amended effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .16F, G adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 2012 (39:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-109, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.01.18** Administrative Hearings. {#sec-11.14.01.18 omnilex-key=us-md-regs-official--title-11--11.14.01.18}
A. Complaints of violations of these regulations will be investigated by the Division. If the investigation reveals a violation which warrants an administrative hearing, all parties shall be afforded an opportunity for a hearing after reasonable notice.
B. A hearing held as a result of a violation which warrants emergency suspension shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 29.01.01.
C. If a person fails to appear for a hearing scheduled for alleged violations of the Transportation Article, Maryland Vehicle Law, Annotated Code of Maryland, or any of the regulations duly promulgated, and has notice of the hearing given by the Division pursuant to the provisions of §§B and D of this regulation, the Division may revoke, suspend, or cancel the authorized inspection station license or the inspection mechanic's registration.
D. Emergency suspension hearings and hearings on other violations resulting in the imposition of administrative penalties that are not accepted may be appealed to the Office of Administrative Hearings in accordance with State Government Article, §10-205, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2556)*
- *Administrative History: Regulation .01B amended effective April 1, 1991 (18:6 Md. R. 686); October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .04 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .04A amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .05A and C amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .07C amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .07H adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .08 repealed effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .09 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .10F—I amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .11 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .11B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .15D, E adopted effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .16B amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective March 23, 1998 (25:6 Md. R. 488)*
- *Administrative History: Regulation .01B adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulation .01B amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .01B amended as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulation .01B amended effective September 10, 2007 (34:18 Md. R. 1580)*
- *Administrative History: Regulation .04D adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .09 amended effective March 27, 2006 (33:6 Md. R. 579)*
- *Administrative History: Regulation .10L amended effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: Regulation .16F, G adopted effective July 10, 2000 (27:13 Md. R. 1212)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 1, 2012 (39:1 Md. R. 18)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-109, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.01** Applicability. {#sec-11.14.02.01 omnilex-key=us-md-regs-official--title-11--11.14.02.01}
A. The standards, requirements and procedures set forth in this chapter are applicable to equipment originally installed by the manufacturer or required by federal or State requirements on passenger cars, taxicabs, light trucks 10,000 pounds and under GVWR, vans, multipurpose passenger vehicles with a chassis capacity up to 10,000 pounds, and type II school vehicles. Any questions regarding passenger cars, taxicabs, light trucks, vans, multipurpose passenger vehicles with a chassis capacity up to 10,000 pounds, and type II school vehicle standards or specifications shall be referred to the Automotive Safety Enforcement Division of the Maryland State Police. Any person constructing or reconstructing these types of vehicles shall assure the vehicle meets or exceeds all applicable federal or State safety standards.
B. Three-wheel multipurpose vehicles which have an enclosed occupant compartment shall meet all established minimum standards for four-wheel multipurpose vehicles with the exception of headlamps. If a three-wheel multipurpose vehicle which has an enclosed occupant compartment is constructed with one wheel in the front and the design of the vehicle's body is such that two headlamps are impractical, one headlamp meeting established minimum standards for motorcycles will be acceptable if the vehicle is equipped with parking lamps, turn signal lamps, and side marker lamps, as required, which adequately indicate the extreme width of the vehicle front and rear.
C. Vehicles specially constructed as an exact replica of a previously manufactured vehicle, which have been designated or otherwise would qualify as an historic vehicle or a vehicle of unique interest as defined by the Motor Vehicle Administration for registration of these original vehicles, shall meet all applicable established minimum standards for vehicles of the same model year in which the vehicle is actually constructed and titled with the following exceptions:
(1) Regulation 10A(2)(c), side marker lamps: If the original counterpart of the specially constructed vehicle was manufactured without side marker lamps, side marker lamps are not required on the exact replica;
(2) Regulation .08A: If the original counterpart of the specially constructed vehicle was manufactured without fenders or with fenders which do not meet current established minimum standards, the specially constructed vehicle need only conform to the exact design of its original counterpart to meet the requirements for fenders;
(3) Regulation .07A: If the original counterpart of the specially constructed vehicle was manufactured without bumpers, with concealed bumpers, or with bumpers which do not meet current established minimum standards, the specially constructed vehicle need only conform to the exact design of its original counterpart to meet the requirements for bumpers;
(4) Regulation .10A(1)(c)(iv), red high mounted stop lamp: If the original counterpart of the specially constructed vehicle was manufactured without a red high mounted stop lamp, a red high mounted stop lamp is not required on the exact replica; and
(5) The Division Commander may authorize in writing a waiver of additional inspection requirements to be consistent with the original vehicle counterpart.
**Cross References**
13A.06.07.12F(1)
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.02** Steering, Alignment, and Suspension. {#sec-11.14.02.02 omnilex-key=us-md-regs-official--title-11--11.14.02.02}
A. Steering. Inspect the entire steering system including steering wheel, steering column, lash, linkage, free play, and power steering for missing, loose, damaged, or worn parts.
(1) Steering Wheel. The steering wheel shall be inspected to determine if it is circular (complete rim) and free of cracks, breaks, or objects which will interfere with the safe steering of the vehicle. The inspection will also be to determine that the steering wheel is original equipment or equivalent, including diameter.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Inspect for missing, broken, or altered rim. | (a) Steering wheel rim is broken, cut, or altered to the point it is not continuous. |
| (b) Inspect for cracks or breaks which would interfere with safe steering. | (b) There are cracks or breaks large enough to grasp clothing, hand, or fingers (includes horn rim). |
| (c) Inspect for objects which would interfere with safe steering. | (c) There are cracks, breaks, or objects attached which would interfere with safe steering. If vehicle is equipped with hand controls for physically disabled, special equipment is acceptable provided it is part of the manual controls, including steering knobs. |
| (d) Inspect for hand controls of vehicles equipped for physically disabled persons. | (d) Any controls are not readily accessible (within arm's length) or are binding, damaged, or jammed. |
| (e) Inspect steering wheel for size and equivalency to original equipment. | (e) Steering wheel is not original or equivalent including size. |
(2) Energy Absorbing Steering Column. To determine if the components are capable of functioning as designed, a careful inspection shall be performed, and include any objects on the steering column. An external examination of either shear pins or collapsible mesh-type material shall also be performed.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Inside Passenger Compartment. | (a) |
| (i) Inspect for separation of shear capsule from bracket and general “looseness” of wheel and column. (See Figure 1) | (i) Shear capsule is separated from bracket, or if wheel and column can be moved as a unit. |
| (ii) Inspect for objects mounted on steering column which would prevent it from collapsing upon impact. | (ii) Objects (tachometer, etc.) are mounted on steering column. |
| (b) Upper Hood: Inspect for condition of shear pins and mesh-type collapsible portion. | (b) Column shows indication of having been collapsed. |
Figure 1 TYPICAL SHEAR CAPSULE LOCATION.
**Agency Note:** There are too many variations of the energy absorbing column to be practically described in these regulations. It is, therefore, suggested that a representative of the manufacturer be consulted in case of detailed questions.
(3) Lash.
| Procedures: | Reject Vehicle If: | |
| --- | --- | --- |
| (a) With front wheels in straight ahead position, turn steering wheel until the turning motion can be observed at the road wheels. Measure lash. On vehicles equipped with power steering, engine must be running. | (a) A total movement in excess of that shown in the following table is measured at the steering wheel rim before the front wheels move: | |
| *Steering Wheel Diameter up to* | *Lash* | |
| 16 inches | 2 inches | |
| 18 inches | 2 1/4 inches | |
| 20 inches | 2 1/2 inches | |
| 22 inches | 2 3/4 inches | |
| | for rack and pinion steering | 0.4 inches (10 mm) |
(4) Travel.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Turn steering wheel through a full right and left turn and feel for binding or jamming conditions. (On vehicles without power steering it may be desirable to jack front wheels slightly.) | (a) Any roughness, jamming, binding, or any excessive play in the steering linkage is present when turning the wheels from full right to full left. **Agency Note:** No play is permissible for Volkswagen and Audi vehicles; consult respective manufacturer's specifications. |
Figure 2 STEERING LASH OR FREE PLAY.
(5) Linkage.
Linkage Play. Excessive free play causes wheel shimmy, erratic brake action, and steering control problems. Make sure any looseness detected is not wheel bearing free play.
Spring or Torsion Bar Height. Optimum front spring height is established as part of the overall design of front wheel alignment angles.
Steering Box and, if Applicable, Rack and Pinion Assembly. Lack of proper lubrication caused by leakage will lead to excessive wear and free play in these components.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Steering Linkage Play. With the front end lifted properly and the wheels in a straight ahead position, grasp front and rear of tire and attempt to turn assembly right and left—record movement at extreme front or rear of sidewall. | (a) Measurement is found to be in excess of: |
| *Wheel Diameter up to* | *Lash* |
| 16 inches | 1/4 inch |
| 17 inches | 3/8 inch |
| 18 inches | 1/2 inch or, |
| (b) Follow procedure under Wheel Bearings-Suspension for correct lifting. | (b) There is any looseness that can be felt by hand in tie rod or drag link balls and sockets. |
| (c) Brakes should be applied during the inspection either by another person or by use of a portable brake depressor to eliminate wheel bearing play, except on vehicles with inboard brakes. | (c) Joints are not secured with cotter pins or other locking devices. |
| (d) Visually inspect steering linkage for any misalignment of parts. | (d) Steering stops allow tire to rub frame, metal, or other chassis parts. |
| (e) Visually inspect the steering box and, if applicable, the rack and pinion assembly. | (e) Tie rods, tie rod ends, center or drag link, pitman arm, or idler are misaligned. |
| | (f) Steering box is loose or leaking and, if applicable, the rack and pinion assembly is loose, damaged, or deteriorated to cause leakage. |
Figure 3 STEERING LINKAGE PLAY.
Figure 4 STEERING LINKAGE JACKING PROCEDURE.
(6) Power Steering.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Inspect power steering belts for proper condition and tension. | (a) Belts are frayed, loose, or cracked. |
| (b) With engine running inspect power steering system including gear, hoses, hose connections, cylinders, valves, pump and pump mounting for condition, rubbing and leaks. | (b) Hoses or hose connections have been rubbed by moving parts or are leaking. |
| (c) Inspect power steering reservoir fluid level. | (c) Cylinders, valves, or pump show evidence of leakage or malfunction. |
| | (d) Pump mounting parts are loose or broken. |
| | (e) Fluid level is less than manufacturer's recommendation. |
| | (f) Power steering removed and not converted to full manual steering. |
B. Wheel Alignment. There are five basic factors which are the foundations to front wheel alignment: caster, camber, toe-in, steering axis inclination, and toe-out on turns. All are mechanically adjustable except steering axis inclination and toe-out on turns. Overall front wheel alignment can be somewhat grossly indicated by measurement of front wheel toe. Excessive toe-in or toe-out is a general indication that a complete check should be made of all front wheel alignment factors. Rear wheel misalignment on vehicles with fixed rear suspension can be caused by broken or damaged springs, trailing rods, or center bolts and improper toe or camber adjustment on vehicles with independent rear suspension. If during road test there are no undesirable steering or handling reactions, caster and camber check is not necessary.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Toe (In-Out). | (1) |
| (a) With the wheels held in a straight ahead position, drive vehicle slowly over the measuring device and record results. | (a) Side slip or scruff exceeds 30 feet per mile. |
| (b) Measure dimensions A and B. | (b) Dimension is beyond inspection limits. |
Figure 5 FRONT OF VEHICLE.
(2) Caster. Caster is the forward or backward tilt, from vertical of the spindle support arm at the top. Improper caster can cause hard steering, low speed shimmy, wander, and brake pull problems.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Measure caster (caster can only be measured with gauges). | (a) There are adverse steering or handling reactions and the inspection limits are exceeded. |
Figure 6 CASTER ANGLES.
(3) Camber. Camber is the inward or outward tilt of the top of the wheel from vertical. Improper camber can cause erratic tire wear problems, hard steering, and wander.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Measure camber (camber can only be measured with gauges). | (a) There are adverse steering or handling reactions and the inspection limits are exceeded. |
Figure 7 CAMBER ANGLES.
(4) Rear Wheel Alignment.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Rear Wheel Alignment. Observe whether rear wheels follow front wheels in “straight ahead” travel. | (a) Rear wheel does not follow the front wheel track in “straight ahead” travel or if frame is bent, broken, or rusted to affect tracking. |
| | **Warning** Do not reject if vehicle is designed with different tread widths — front and rear. |
| (b) Alternate Method: | (b) The wheel base on one side is different from the wheel base on the other side by more than one inch. |
| (i) With vehicle on a level surface, adjust tracking gauge to the distance between the front and rear wheels of vehicle on one side and compare distance with the front and rear wheelson opposite side. | (c) Rear axle is obviously misaligned. |
| (ii) Using a tape measure, determine the distance between the center of the front wheel spindle and the center of the rear axle drive shaft and compare from side to side. (Front wheelsshall be in the straight ahead position.) **Agency Note:** Not applicable if vehicle specifications indicate different left and right wheel base dimensions. | |
C. Suspension. Inspect the suspension system for missing, broken, damaged, worn, rusted, or modified wheel bearings, ball joints, control arms, springs, torsion bars or frame that would affect vehicle stability.
(1) Ball Joints. In checking for motion of ball joints, check in accordance with manufacturer's specifications, keep in mind that the load carrying joint is unloaded in procedures(a) and (b), and that a pry bar pressure sufficient only to lift the weight of the wheel assembly is required. If the inspector uses the “leverage” of a pry bar to exert excessive pressure, he can easily force an apparent ball joint movement and get a false reading. This may result in expensive replacement of perfectly good joints. Therefore, only a 12-inch to 18-inch pry bar should be used. Ball joints should be properly lubricated before inspection.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Ball Joint Wear (Without Wear Indicators). | (a) |
| (i) With the vehicle properly jacked, position a pry bar under the front tire and, with a lifting motion sufficient to overcome the weight of the wheel assembly, move wheel up and down and observe movement shown on dial indicator or ball joint checker. (See Fig. 8 & 9) | (i) Ball joint movement is in excess of manufacturer's specifications. |
| (ii) Grasp the tire and wheel assembly at the top and bottom. Move in and out to detect looseness. (More horizontal movement is permitted because of the nature of most ball joint construction). Some manufacturers do not accept horizontal movement as being indicative of ball joint wear. If this measurement is required it shall be made at the sidewall of the tire. | (ii) Ball joint is equipped with a tightener or repair kit. Control bushings are not to be considered repair kits or tighteners. Refer to §C(1)(b)(i) for procedure to check control bushing-type ball joints. (iii) Ball joint has been repaired by heating or bending the socket assembly to eliminate movement. |
| (b) Ball Joint Wear (preloaded). Using the same method as in §C(1)(a)(i) and (ii) inspect for ball joint movement relative to its socket. These ball joints (Marked “**” in Specifications) are preloaded by rubber or springs under tension, and should have very little movement in a vertical direction. | (b) (i) Ball joint movement is in excess of manufacturer's specifications. (ii) Ball joint is equipped with a tightener or repair kit. (iii) Ball joint has been repaired by heating or bending the socket assembly to eliminate movement. |
Figure 8 BALL JOINT JACKING PROCEDURE — HORIZONTAL MOVEMENT.
Figure 9 BALL JOINT JACKING PROCEDURE — VERTICAL MOVEMENT.
Figure 10 TYPICAL BALL JOINT.
Figure 11 PRELOADED BALL JOINT.
Figure 12 WEAR INDICATING BALL JOINT, including CHECKING SURFACE/COVER SURFACE DIAGRAMS.
(2) Ball Joints. Inspection of ball joints on models before 1973 shall be performed with the joints unloaded. Beginning with some 1973 models, however, some manufacturers provide a wear-indicating ball joint to facilitate inspection in which case a visual inspection is made with joints loaded.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Ball Joint Wear (Wear-Indicating). | (a) Manufacturer's specifications are exceeded. |
| (i) In vehicles with wear-indicating ball joints, except AMC Pacer, support vehicle with ball joints loaded (in normal driving attitude or as recommended by the manufacturer). Wipe grease fitting and checking surface free of dirt and grease. Determine if ball joint passes or fails. | (b) Ball joint is equipped with a tightener or repair kit. |
| (ii) Wear is indicated by the amount the 1/2 diameter inch boss, into which the grease fitting is threaded, protrudes beyond the ball joint cover, or the depth a rod or wire can be inserted into the lubrication hole. | (c) Ball joint has been repaired by heating or bending the socket assembly to eliminate movement. |
Figure 13 BALL JOINT WEAR INDICATING.
(3) Ball Joints. Inspection of nonload carrying ball joints shall also be performed with the joints unloaded. With the vehicle properly jacked, inspect for any noticeable looseness. (See Figures 8 and 9)
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Ball Joint Wear (Nonload Carrying). | (a) |
| (i) Using the same method as in §C(1)(a) and | (i) Any noticeable looseness is detected in a nonload carrying ball joint. |
| (b) inspect for ball joint movement relative to its socket. On vehicles equipped with MacPhersonStrut Suspension refer to manufacturer's procedures. | |
| | (ii) Strut manufacturer's specifications are exceeded. |
| | (iii) Ball joint is equipped with a tightener or repair kit. |
| | (iv) Ball joint has been repaired by heating or bending the socket assembly eliminate movement. |
Figure 14 NON-LOAD CARRYING BALL JOINT.
Figure 15 FRONT OF WHEEL, SOLID AXLE SUSPENSION.
(4) King Pin or Spindle Bolts. Inspection of king pins or spindle bolts shall be made to determine if there are any missing, broken or worn parts that may affect the steering or suspension of the vehicle.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Hoist the vehicle under the axle or controlarm and grasp the top and bottom of the tire and attempt to move the assembly in and out. Record measurement at the side wall of the tire. Kingpins or spindle bolts should be properly lubricated prior to inspection. | (a) Measurement at sidewall of tire is found to be in excess of: |
| *Wheel Diameter up to* | *Play* |
| 16 inches | 1/4 inch |
| 17—18 inches | 3/8 inch |
| 18 inches or more | 1/2 inch |
(5) Wheel Bearings. Wheel bearings out of adjustment can cause wander, unequal brake action, and noise due to interference of parts. Wheel bearings should be properly lubricated prior to inspection.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Wheel Bearings and Suspension. With the vehicle lifted properly, (ball joints loaded), graspthe front tire top and bottom and rock it in and out, and record movement. To verify that any looseness detected is in the wheel bearing, notice movement between the brake drum or disc and the backingplate or splash shield. | (a) Wheel bearings are loose, rough, galled, or otherwise defective. |
| (i) Spring or torsion bar on lower arm, hoistat frame. (See Figure 4) | |
| (ii) Spring or torsion bar on upper arm, hoistat lower arm close to ball joint. (See Figure 4) | |
(6) Springs and Torsion Bars. Loose, sagging, or broken springs or torsion bars, worn or deteriorated bushings, loose or extended shackles and loose or mislocated U-bolts, suspension modifications or broken center bolts, can cause vehicle handling instability and brake pull.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Springs and Torsion Bars. With unloaded vehicle on level surface, visually inspect theheights of the four corners of the vehicle. If necessary, use measuring device and determine differences from side to side. Visually inspectfor broken spring leaves or torsion bar damage. Inspect spring shackles, bushings and U-bolts. Visually inspect for presence and condition of lift kits, blocks or modification to the suspension system or components. | (a) Spring, spring center bolt, or torsion bar is broken, or if more than two spacers have been installed in coil springs or are loose. Lift kits are installed and this installation results in multiple blocks being used as a means of raising the vehicle; or there is any evidence of looseness of any lift kit or suspension components. The lift kits do not provide a means of aligning the spring center bolt, Spring and axle or axle housing. Shackles or U-bolts worn, loose, or extended causing misalignment of steering linkage or drive line angles, U-bolts are not of sufficient length protrude at least 1/4 beyond nut when tightened. |
| (b) Inspect all control arm, locator bar, and stabilizer bar bushings. | (b) Any object or equipment extends below the bottom edge of a wheel rim. |
| | (c) Frame is rusted, broken, or damaged or frame or mounting brackets at any suspension mounting point are rusted, broken, or damaged to affect suspension mounting; or the frame has been repaired and not fishplated; or if the body is not securely attached to the frame. Any spring main leaf is broken, any spring with more than four leaves has two or more other leaves broken, or any spring with four or less leaves has one broken leaf. |
| | (d) Any control arm, locater bar, or stabilizer bar bushing is missing any portion of the bushing or is damaged, deteriorated, or dry rotted to a point that the bushing is broken or loose. |
(7) Shock Absorbers/Shock Struts.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) With vehicle on a level surface, push downon each corner of the vehicle and release. | (a) Vehicle continues free rocking motion for two cycles after release, or shock absorbers are worn, damaged or leaking to the extent vehicle stability is affected. |
| (b) With vehicle on a hoist or jacked, visually inspect for missing, broken, loose, or damaged shock absorbers, mounting brackets, bolts,bushings, or excessive leakage. | (b) Shock absorbers, mounting bolts, bushings or mounts are missing, broken, or loose. Any bushing is missing any portion of the bushing or is damaged, deteriorated, or dry rotted to a point that the bushing is broken or loose. |
| | (c) Severe leakage (not slight dampness) is present. |
| | (d) Vehicle is equipped with air shocks with air lines routed in such a fashion they may be rubbed through or severed by moving parts, or burned through by exhaust system components, or all shocks do not function in the same manner. |
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.03** Brakes. {#sec-11.14.02.03 omnilex-key=us-md-regs-official--title-11--11.14.02.03}
A. Service Brake Performance Tests.
(1) Road tests and visual procedures. Service brake tests shall be conducted on a substantially level, dry, hard, smooth surface road or area that is free from loose material, oil, or grease. Using the service brake only, the stopping ability of the vehicle shall be tested by one of the following methods:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| Service Brake Test. (a) Method (1)—On Road. At a speed of 20 mph apply service brakes firmly. Observe whether vehicle comes to a smooth stop within the distance prescribed by law; passenger cars 25 feet, type II school vehicles, light trucks, vans and multipurpose passenger vehicles 30 feet without pulling to the right or left. Driver shall have firm control of the steering wheel throughout the test. | (a) The vehicle stopping distance requires more than 25 feet for passenger cars, and 30 feet for type II school vehicles, light trucks, vans and multipurpose passenger vehicles. |
| (b) Method (2)—On Road. Mount an approved decelerometer at centerline of vehicle. Level at decelerometer. At the speed of 20 mph, apply service brake firmly. Observe decelerometer reading. Determine whether vehicle pulls to right or left. | (b) Vehicle pulls to the right or left upon brake application. |
| | (c) A decelerometer reading of at least 17 feet psps for passenger cars, 14 psps for type II school vehicles, light trucks, vans and multipurpose passenger vehicles, or pulls to the right or left. |
(2) Station test and visual inspection procedures. Before attempting inspection by this method, the inspector should be trained and experienced in the use of the equipment and the equipment must have adequate capacity.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Method (3)—Platform Tester. Drive vehicle onto “drive-on-and-stop” platform tester, apply brakes firmly at a speed from 4 to 8 mph without wheel lock-up. All braking action shall take place on the platforms. Certain models of platform testing equipment are not generally sensitive enough to read the rear axle effort of front wheel drive vehicles. | (a) Readings are less than requirements on brake performance chart in §H. |
| (b) These machines may be used to inspect the relative effectiveness of each wheel. There shall be braking action on all wheels. The action on any one wheel shall be 75 percent or more of the action on the other wheel on the same axle. If there is little or no braking brakes are applied with vehicle jacked action on the rear axle, jack or hoist the vehicle, apply the brakes, and attempt to turn the rear wheels. | (b) Any wheel fails to indicate braking action except as noted, or if the reading on any one wheel is less than 75 percent of the reading on the other wheel on the same axle. |
| | (c) Rear wheels rotate freely when brakes are applied with vehicle jacked or hoisted. |
(3) Dynamic Brake Inspection. This test is for stations equipped with a roller-type brake dynamometer. The rollers should be dry, smooth, and free of oil or grease. The machine indicates both braking effort and imbalance. Brakes on front and rear axles are evaluated separately.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Method (4)—Roller-Type Brake Dynamometer (Force Measuring Type). | (a) Readings are less than requirements on brake performance chart in §H. |
| (i) Adjust tire to proper inflation. (ii) Position vehicle on dynamometer rolls and begin test. (iii) Follow equipment manufacturer's recommended testing procedures. (iv) If there is little or no braking action on the rear axle, jack or hoist the vehicle and apply the brakes and attempt to turn the rear wheels. | (b) Any wheel fails to indicate braking action except as noted in procedures, or the reading on any one wheel is less than 75 percent of the reading on the other wheel on the same axle. |
| | (c) Rear wheels rotate freely when brakes are applied with vehicle jacked or hoisted. |
B. Hydraulic System.
(1) Tests and visual inspection procedures. Recommended for inspection programs which must accommodate a large volume of vehicles. Results will indicate whether or not a vehicle has reasonably safe brakes at the time of inspection. The engine shall be running when checking vehicles with power assisted hydraulic systems. These procedures are applicable to vehicles equipped with hand controls for the physically handicapped.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Hydraulic System Leakage Test. While the vehicle is stopped, depress brake pedal under moderate foot force.The pedal height shall remain constant for 1 minute. | (a) Brake pedal height cannot be maintained for 1 minute. |
| (b) Pedal Reserve Test. While the vehicle is stopped,depress brake pedal under moderate foot force. | (b) Less than 1/3 of the total available pedal travel remains. |
(2) At least one front and one opposite rear wheel shall be removed for brake inspection. When any deficiency is noted upon inspection of a wheel pulled, the other wheel on the same axle shall also be pulled for complete brake inspection. Always inspect a brake assembly which shows evidence of leaking fluid or grease. Do not remove wheel cylinder dust boots for inspection. Leakage can be determined by pushing on the outside of the boot.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Hydraulic System—Visually inspect condition of hydraulic system. (i) Inspect wheel cylinders for leakage and operation. Do not remove dust covers. (ii) Inspect hydraulic hoses and brake lines for leaks, cracks, chafing, flattened or restricted sections, improper support, rusting causing pitting, and improper material. (iii) Inspect master cylinder for leakage and fluid level of all sections. (Be sure no dirt gets into reservoir when cover is removed and that the gasket is serviceable.) | (a) (i) Wheel cylinder leaks or fails to operate. (ii) Hoses, or brake lines are cracked, chafed, flattened, restricted, or are rusted and pitting is visible, are improperly supported, or lines have been repaired or replaced with copper tubing or other material not designed for hydraulic brake lines. Hoses or brake lines are mounted to contact wheels or body during steering or suspension movement. (iii) Master cylinder leaks. (iv) The fluid level in any section is less than 1/2 full. (v) The gasket does not properly seal master cylinder. |
| (b) Dual Hydraulic Circuits—In addition to the above, if vehicle is equipped with a brake warning light: (i) Test for operation of light; (ii) With ignition switch on, apply moderate foot force, observe light. | (b) (i) Light is burned out. (ii) Light comes on when brake and pedal is depressed. |
C. Drums and Discs.
(1) Many of today's vehicles have a combination of disc (caliper) type brakes on the front wheels and drum-type brakes on the rear wheels.
(2) On vehicles equipped with disc brakes some drag can be felt when turning the wheel and tire. This drag is not excessive if the wheel can be turned readily with both hands.
(3) Annually all wheels and brake drums shall be removed for brake inspection on type II school vehicles.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Brake Drums. (i) Inspect the condition of the drum friction surface for substantial cracks extending to the open edge of the drum. (Short hairline heat check cracks should not be considered.) (ii) Inspect for cracks on the outside of the drum. (iii) Inspect for mechanical damage. (iv) Inspect for contaminated friction surface. (v) Measure inside diameter of drum. (vi) When the drum pulled has any deficiency noted, the other drum on the same axle shall also be pulled and inspected. | (a) (i) There is a substantial crack on the friction surface extending to the open edge. (ii) There is an external crack. (iii) There is evidence of excessive mechanical damage other than wear. (iv) Friction surface is contaminated with oil, grease, or brake fluid. (v) Inside drum diameter is greater than the diameter stamped on the drum, or, if the drum is not stamped, the manufacturer's maximum allowable remachining specification. If the drum is not stamped and no manufacturer's specification exists and the original diameter of the drum can be determined, the inside diameter may be no more than 0.090 inch greater than the original diameter. |
| (b) Brake Discs. (i) Inspect for substantial cracks extending to edge of disc. (ii) Inspect for mechanical damage. (iii) Inspect for contaminated friction surface. | (b) (i) There are substantial cracks extending to edge. (ii) There is evidence of excessive mechanical damage other than wear. (iii) Friction surface is contaminated with oil, grease, or brake fluid. |
| (iv) When the disc brake assembly inspected has any deficiency noted, the other disc brake assembly on the same axle shall also be inspected. | (iv) Thickness of disc is less than manufacturer's recommended limit or the minimum thickness stamped on the assembly. |
D. Linings and Pads. Remove at least one front and one rear wheel and drum assembly on opposite sides for inspection of linings on drum brakes. On vehicles equipped with disc brakes, only removal of the wheel is necessary. When any deficiency is noted in the linings or pads on the wheel pulled, the linings or pads for the other wheel on the same axle shall also be inspected.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Condition of Linings and Pads. (a) Bonded Linings. Measure the lining thickness at the thinnest point. | (1) (a) Thinnest point of lining is less than 2/32 inch. |
| (b) Riveted Linings. Inspect for loose or missing rivets. Measure lining thickness above rivet head at thinnest point. | (b) Any rivets are loose or missing. If lining is worn to where less than 1/32 inch remains above any rivet head. |
| (c) Wire-Backed Linings. Inspect for wire showing on the friction surface of the lining. | (c) Wire backing is visible on the friction surface. |
| (d) All Linings. Inspect for broken or cracked linings, and parts of linings not firmly attached to shoe. Also inspect for contamination and excessively uneven lining wear. | (d) Lining is broken, cracked, or not firmly and completely attached to shoe. Circumferential heat cracks in bonded linings are not cause for rejection if the lining is securely attached to the shoe. If friction surface is contaminated with oil, grease, or brake fluid. If lining wear is extremely uneven. |
| (e) Pads (Disc Brakes). Inspect thickness of friction pads. Bonded pads—measure thinnest point of lining. Riveted pads—measure thickness of lining above rivet head. | (e) Lining on any bonded pad is less than 2/32 inch, or less than 2/32 inch lining remains above rivet head. |
E. Mechanical Linkage. Includes the service brake mechanism, parking brake, and manual controls on vehicles equipped for physically handicapped persons.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Condition of Mechanical Components. | (1) |
| (a) Inspect for worn pins and missing or defective cotter pins. | (a) Mechanical parts are missing, broken or badly worn. |
| (b) Inspect for broken, missing, or worn springs, cables, clevises, couplings, rods, and anchor pins. | (b) Grease retainers are leaking. |
| (c) Inspect for frozen, rusted, or inoperative connections, missing spring clips, and defective grease retainers. | (c) There is excessive friction in pedal and linkage, or in brake components. |
| (d) Inspect pedal shaft and bearings for high friction, wear, and misalignment. | (d) Pedal levers are improperly positioned or misaligned. |
| (e) Inspect for restriction of shoe movement at backing plate and for binding between brake shoes and anchor pins. | (e) Any conversion of self-adjusting mechanism that is not completely converted. |
| (f) Inspect service brake pedal rubber pads for excessive wear or missing pads. | (f) Rubber service brake pedal pad is excessively worn to expose metal pedal or rubber pad is missing. |
F. Vacuum/Hydraulic Booster System.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) | (1) |
| (a) Condition of Vacuum Booster System. Visually inspect system for collapsed, broken, badly chafed, and improperly supported hoses and tubing, and loose or broken hose clamps. | (a) Hoses and tubing are leaking, collapsed, broken, badly chafed, improperly supported, or loose because of broken clamps. |
| (b) Operation of Vacuum Booster System. (i) Determine if system is operating by first stopping engine than depress brake pedal several times to deplete all vacuum in system. (ii) Then depress pedal with a light force. While maintaining this force on the pedal, start engine, and observe if pedal moves slightly when engine starts. | (b) Service brake pedal does not move slightly when engine is started while pressure is maintained on pedal. |
| (c) Condition of hydraulic booster system. Visually inspect system for proper fluid level, broken, kinked, or restricted hoses or lines and any leaks at the pump, steering box, booster, hoses, or lines. | (c) Fluid level in reservoir is less than manufacturer's recommendations; there are broken, kinked, or restricted hoses or lines; or there are leaks at the steering pump. |
| (d) Operation of hydraulic booster system. (i) Determine if system is operating by first stopping the engine, then depress brake pedal several times to deplete all reserve pressure in the system. (ii) Then depress pedal with light force, start engine and observe if pedal moves slightly when engine starts. | (d) Service brake pedal does not move slightly when engine is started while pressure is maintained. |
G. Parking Brake.
(1) Parking Brake Function. Parking brakes on most vehicles function through at least one set of the rear service brake shoes. A few vehicles have disc-type service brakes on all four wheels which makes it necessary to have separate drums for the parking brakes. These drums and linings shall be inspected in a manner similar to that for service drum brakes. Any parking brake shall hold a stopped vehicle firmly on all normal road grades.
| Procedures | Reject Vehicle If: |
| --- | --- |
| (a) Parking Brake Function. (i) Set the parking brake firmly and check the ability of parking brake to hold the vehicle. (ii) All vehicles manufactured after May 23, 1970 shall have a mechanical parking brake which will hold the vehicle to the limit of traction in either direction on a 20 percent grade. | (a) (i) Brake fails to hold the vehicle on any grade on which it is operated. (ii) A ratchet-type parking brake cannot be applied to hold the vehicle on any grade on which it is operated. |
| (b) Linings and Drums. (i) If the vehicle is equipped with parking brakes which are separate from the service brakes, inspect the linings and drums in the same manner that those on the service brakes are inspected. | (b) (i) Parking brake drums are cracked, broken, or otherwise damaged. (ii) Linings are loose, worn out, or contaminated with grease, oil, or brake fluid. |
H. Brake Performance Chart.
| | Service Brake System | Emergency Brake System | | |
| --- | --- | --- | --- | --- |
| Column 1 | 2 | 3 | 4 | 5 |
| | Braking force as a % of gross vehicle or combination weight | Deceleration in feet per second per second | Application and braking distance in feet from initial speed of 20 mph | Application* and braking distance in feet from initial speed of 20 mph |
| (1) Passenger-carrying vehicles | | | | |
| (a) Vehicles with a seating capacity of 10 persons or less, including driver, and built on a passenger car chassis | 65.2 | 21 | 20 | 54 |
| (b) Vehicles with a seating capacity of more than 10 persons, including driver, and built on a passenger car chassis; vehicles built on a truck or bus chassis and having a manufacturer's GVWR of 10,000 pounds or less | 52.8 | 17 | 25 | 66 |
| (c) All other passenger-carrying vehicles (including motorcycles) | 43.5 | 14 | 35 | 85 |
| (2) Property-carrying vehicles. | | | | |
| (a) Single unit vehicles having a manufacturer's GVWR of 10,000 pounds or less | 52.8 | 17 | 25 | 66 |
| (b) Single unit vehicles having a manufacturer's GVWR of more than 10,000 pounds except truck tractors. Combinations of a 2-axle towing vehicle and trailer having a GVWR of 3,000 pounds or less. All combinations of 2 or less vehicles in drive-away or tow-away operation | 43.4 | 14 | 35 | 85 |
| (c) All other property-carrying vehicles and combinations of property-carrying vehicles | 43.5 | 14 | 40 | 90 |
* As of July 1, 1972, all vehicles subject to the regulations of the Bureau of Motor Carrier Safety, are subject to the stopping requirements in this Brake Performance Chart, except the column pertaining to Emergency Brake System*, which is effective on vehicles manufactured after July 1, 1973.
Explanation of Section H
(1) This deceleration as measured in brake tests cannot be used to compute the values in column 4 because it is not sustained at the same rate over the entire period of the stop. The deceleration increases from zero to a maximum during a period of brake system application and brake force build-up. Also, other factors may cause the deceleration to decrease after reaching a maximum. The added distance which results because a maximum deceleration is not sustained is included in the figures in column 4 but is not indicated by usual brake testing devices for checking deceleration.
(2) There is a definite mathematical relationship between the figures in columns 2 and 3. If the decelerations set forth in column 3 are divided by 32.2 feet per second per second, the column 2 figures will be obtained. (For example, 17 divided by 32.2 gives 52.8 percent.) Column 2 is included in the tabulation because certain brake testing devices utilize this factor.
(3) The decelerations in column 3 are an indication of the effectiveness of the basic brakes and, as measured in practical brake testing, are the maximum braking decelerations attained at sometime during the stop.
(4) The distances in column 4 and the decelerations in column 3 are not directly related. Brake system “application and braking distance in feet” (column 4) is a definite measure of the overall effectiveness of the braking system, being the distance traveled between the point at which the driver starts to move the braking controls and the point at which the vehicle comes to rest. It includes distance traveled while the brakes are being applied and the distance traveled while the brakes are retarding the vehicle.
(5) The distance traveled during the period of brake system application and brake force build-up varies with vehicle type, being negligible for many passenger cars and greatest for combinations of commercial vehicles. This fact accounts for the variation from 20 to 40 feet in the numerical values in column 4 for the various classes of vehicles.
(6) The deceleration requirement in column 3 is the same for all classifications of vehicles except for passenger vehicles, not including buses, because brakes on vehicles in the second, third and fourth classifications are all capable with reasonable maintenance of producing the designated deceleration as measured by brake testing devices. A higher deceleration requirement is warranted for passenger cars in view of United States Department of Transportation/Federal Highway Administration Test Data.
I. Decelerometers.
(1) The method of brake system application and braking distance is not to be confused with the distance indicated by the inertia-type decelerometer and other existing brake testers, which often are purported wrongly to measure the vehicle stopping distance.
(2) The pendulum and U-tube decelerometers used for brake testing are instruments scaled to read deceleration or equivalent braking force (sometimes referred to as brake efficiency) in percentages. The principle of the pendulum-type decelerometer is that a pendulum on a vehicle moving at a uniform speed will assume a vertical position. When the vehicle speed is reduced by application of the brakes, the pendulum will swing forward to an angle away from the vertical. The tangent of the angle through which the pendulum moves is directly proportional to the deceleration. Basically, the U-tube fluid-type instrument is a closed glass tube formed in the shape of a U. When vehicle speed is reduced by braking, the inertia of the fluid causes the level in the glass tube to fall. The distance the level of the liquid falls is proportional to the deceleration in feet per second per second, which is read from a scale on the front part of the glass tube.
(3) The vehicle will normally pitch because the lines of action of the inertia and braking forces are different. In order to minimize erroneous responses, the decelerometer, if used, should be put as close to the center of the vehicle as practical.
J. Brake Testing Machines.
(1) These types of brakes testers measure braking force at each wheel. The effectiveness of the brake testers that measure braking force in the testing of vehicles other than passenger vehicles or light trucks is very questionable.
(2) The dimensions of these brake testers do not permit practical and reliable testing on combination vehicles. Use should therefore be restricted to two-axle vehicles. The simulated road surface of these machines will occasionally exhibit much higher coefficients of friction than is possible on the highway. Excessive braking should therefore be avoided, because braking distribution information is distorted.
(3) For drive-on-and-stop test machines, the vehicle is driven on the pads at speeds of 4 to 8 mph. When the brakes are applied at the time the vehicle is moving on the pads, the braking effort at each wheel causes a proportionate movement of the pad against the measuring system. The braking force on the pads is measured by indicating or recording instruments.
(4) The roller-type brake testing machine has powered rollers that turn the individual wheels while the brakes are applied in order to measure the brake force developed.
K. Test Wheel Equipment. Any type of fifth or test wheel equipment can be used, provided it obtains the following results:
(1) It shall measure the distance within plus or minus 3 percent of the values obtained by the “hot-shot” method, which uses an electrically fired gun.
(2) The road speed of the test wheel shall be measured with a speedometer designed to hold the indicating hand at the speed from which the stop is initiated. The speedometer shall indicate the speed to within plus or minus 2 percent of the speed timed with a stopwatch over a measured mile.
L. Definitions.
(1) “Brake system” means a combination of one or more brakes and their related means of operation and control.
(2) “Deceleration” means the rate of reduction of the speed of the vehicle, expressed in feet per second per second.
(3) “Equivalent braking ratio” means the percentage ratio of the sum of retarding forces developed by each braked wheel to the “as tested” gross weight of the vehicle or combination.
(4) “Emergency brake system” means a brake system used for retarding and stopping the vehicle in the event of a malfunction in the service brake system. (This function may be performed by the parking brake system or by a portion of the service brake system, or by a separate brake system.)
(5) “Parking brake system” means a brake system used to hold and maintain a vehicle in a stationary position. (A positive mechanical means is employed to hold the brake applied when the vehicle is unattended.)
(6) “Pedal reserve” as applied to hydraulic, mechanical or power-assisted hydraulic brakes, means the amount of total pedal travel left in reserve when the pedal is depressed to the brake-applied position. (The purpose of the pedal reserve check is to ascertain the degree of the brake adjustment and to demonstrate satisfactory brake actuating system condition.)
(7) “Service brake system” means a brake system used for retarding, stopping, and controlling the vehicle under normal operating conditions.
(8) “Stopping distance” means the distance traveled by a vehicle from the point of application of force to the brake control, to the point at which the vehicle reaches a full stop.
Figure 16, TIRE CONSTRUCTION
.
Figure 17, TIRE WEAR.
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.04** Wheels and Tires. {#sec-11.14.02.04 omnilex-key=us-md-regs-official--title-11--11.14.02.04}
A. Reference is made to the figures in additional wheel and tire information for visual aid in determining tire wear. This inspection is visual.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for tire wear. (a) Tires without tread wear indicators. (b) Tires with tread wear indicators. (c) Inspect for cord exposure. | (1) (a) Tire is worn so that less than 2/32 inch tread remains when a measurement is made in any major groove at three locations spaced equally around outside of tire. Exception: 4/32" on front tires or steering axle of type II school vehicles. (b) Tire is worn so that the tread wear indicators contact the road in any major groove at three locations spaced equally around outside of tire. (c) Tire has a worn spot that exposes the cord through the thread. |
| (2) Inspect for tread cuts, snags, or sidewall cracks. | (2) Tire has tread cuts, snags, or sidewall cracks in any direction, and deep enough to expose cords. |
| (3) Inspect for bumps, bulges, or knots. | (3) Tire has visible bumps, bulges, or knots indicating partial failure or separation of the tire structure. |
| (4) Inspect for fabric breaks, and exposed or damaged body cords. | (4) Tire has unrepaired fabric break or sidewall has damaged body cords. |
| (5) Inspect for regrooved or recut tires. Regrooved tires are not permitted on type II school vehicles. | (5) Tire has been regrooved or recut below original groove depth, except as authorized by Transportation Article, §22-405.1, and can be readily identified as regroovable. |
| (6) Visually inspect for mismatching of tires. | (6) Tires are not the same type of construction or size on the same axle of the vehicle. (Difference in brand or tread design is not cause for rejection.) Tire construction types are mismatched. (Difference in brand, rating, or identification is not cause for rejection) (a) If vehicle is equipped with radial-type tires, all four shall be radials. (b) If vehicle is equipped with conventional-type tires, bias ply, or belted bias, all four shall be conventional, bias ply, or belted bias. |
| (7) Visually inspect diameter or circumference of tires for tire size. | (7) By visual comparison, tire sizes differ significantly, as follows: (a) Tires of more than two graduations in size on the same axle; (b) Tires are significantly smaller than manufacturer's specified minimum or of such a significantly larger size that require suspension modification to prevent tire and body contact during different vehicle attitudes. |
| (8) Visually inspect for restricted usage marking on tire (such as reclassified tires). | (8) Tire is: (a) Marked “For farm use only”; (b) Marked “Off highway use only”; (c) Marked “For racing use only”; (d) A metal studded snow tire in Allegany, Carroll, Frederick, Garrett, and Washington counties during period when prohibited (April 1 thru October 31). Reject in other areas at any time. |
| (9) Inspect wheel bolts, nuts, or lugs. | (9) Wheel bolts, nuts, studs, or lugs are loose, missing, damaged, or of improper design to properly secure the type of wheel. |
| (10) Inspect for wheel damage. | (10) Any part of the wheel is bent, cracked, rewelded, or damaged, to affect safe operation of the vehicle; loose or missing spokes on spoke-type wheels; or any wheel not the original or equivalent. Speciality Equipment Markets Association (SEMA) or U.S./D.O.T. approved wheels and adapters are acceptable. |
| (11) Inspect for recapped tires on a school vehicle. | (11) Recapped tires are used on a type II school vehicle except mud or snow tire recaps may be used on the drive axle between October 31 and April 1 of each year. |
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.05** Fuel System. {#sec-11.14.02.05 omnilex-key=us-md-regs-official--title-11--11.14.02.05}
A. The fuel system includes the fuel tank, fuel pump, and necessary piping to carry the fuel from the tank to the carburetor or to the injection system. The engine shall be running when inspecting this system for leaks.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually examine the fuel tank, fuel tank support straps, filler tube (rubber, plastic, metal), tube clamps, fuel tank vent hoses or tubes, filler housing drain, overflow tubes, filler cap, fuel filter and carburetor, or injection system. | (1) Any part of system is not securely fastened. |
| (2) Inspect for proper operation of choke, hand throttle, and accelerator. | (2) There is fuel or vapor leaking at any point in the system. |
| | (3) Fuel tank cap is missing. |
| | (4) Overflow or vent tube is missing or obstructed. |
| | (5) Filler tube is leaking, collapsed, or deteriorated. |
| | (6) If choke, throttle, or accelerator does not function properly, i.e., there is binding, roughness, or failure to return to released position. |
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.06** Exhaust System. {#sec-11.14.02.06 omnilex-key=us-md-regs-official--title-11--11.14.02.06}
A. The exhaust system includes the exhaust manifold and all piping leading from the flange of the exhaust manifold, to and including the muffler, resonator, and the tail piping.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) With engine running and the vehicle on a hoist or lift, visually inspect the exhaust pipes, mufflers, resonators and tail pipes for leaks, deterioration, proper mounting, damage, and general condition. Rusted or corroded areas shall be given particular attention. Holes in the system made by the manufacturer for drainage are not cause for rejection. | (1) Vehicle has no muffler. |
| (2) Light trucks equipped with a cap or slide-in camper shall have a full length tail pipe extending beyond the rear wheels and exiting beyond the side or rear of the body. | (2) There are loose or leaking seams or joints. |
| (3) On all other vehicles the tail pipe shall be located as originally designed by the vehicle manufacturer, or if not as originally designed shall extend beyond the passenger or occupant compartment and enclosed cargo area if it is open to the driver or passenger area. The tail pipe shall extend at least to the front of the rear wheels, beyond the rearmost door opening, and exit beyond the side or rear of the body. | (3) There are holes caused by damage, corrosion, or temporary repairs made to the exhaust pipe, muffler, resonator, or tail pipe. Welding or brazing is considered a permanent repair if it does not leak. Elimination of a resonator alone is not cause for rejection as long as the vehicle has an effective muffler. |
| (4) Type II school buses shall have a full length tail pipe extending beyond the rear wheels and exiting beyond the side or rear of the body unless the vehicle is equipped with a left side exhaust system which meets the following criteria: | (4) Tail pipe end is pinched or obstructed. |
| (a) The exhaust pipe may not pass within 12 inches of the fuel tank or its connections unless a suitable baffle is installed between the exhaust system and these components. On vehicles with left side mounted fuel tanks, compliance with this requirement may be more difficult; however, this requirement shall still be met. | (5) The system is not properly mounted, securely fastened, or if the seam of a muffler or resonator on a type II school vehicle faces the fuel tank, fuel lines, or floor of the vehicle. |
| (b) No part of the exhaust system may pass within 12 inches of any flexible brake hose, solid brake line, or flexible fuel line unless a suitable baffle is installed between the exhaust system and these components. | (6) There are loose muffler baffles; the vehicle is equipped with cutout or similar device; or the system is not original or equivalent. |
| (c) The exhaust pipe should be approximately a 45-degree angle as it approaches the left body line to prevent back pressure and heat buildup (see diagram). | (7) Any part of the system passes through the occupant compartment, or there are any leaks in the heat exchange boxes or ducts of vehicle using engine exhaust heat to warm the interior of the vehicle. |
| (d) The exhaust pipe shall be deflected downward as it approaches the left side of the body. | (8) The tail pipe on light trucks equipped with a cap or slide-in camper or a type II school vehicle is not full length, or does not extend beyond the rear wheels and exit beyond the side or rear of the body. |
| (e) The exhaust pipe shall exit behind the driver's compartment. | (9) The tail pipe on all other vehicles, if not as originally designed by the vehicle manufacturer, does not extend beyond the occupant compartment and the enclosed cargo area if it is open to the occupant compartment, to at least the front of the rear wheels and beyond the rear of the rearmost door opening, or does not exit beyond the side or rear of the body. |
| | (10) Exhaust pipe, muffler, or tail pipe is not of a leak proof construction. Flexible pipe that does not leak is acceptable, except on type II school vehicles. |
| | (11) It emits continuous exhaust fumes or smoke which obscures persons or objects from a clear rear view. |
| | (12) On the type II school vehicle, the system passes directly under the emergency door, or there is any reduction in the size of the tail pipe after it leaves the muffler. |
| | (13) A type II school vehicle with left side exhaust does not meet the requirements established. |
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.07** Bumpers. {#sec-11.14.02.07 omnilex-key=us-md-regs-official--title-11--11.14.02.07}
A. Bumpers shall be inspected for broken or missing parts, abnormal protrusions, sharp edges, or conditions that could be hazardous to persons. The bumpers shall be securely mounted to the vehicle and be capable of absorbing a reasonable degree of impact. They shall be the original equipment or equivalent and extend the full width of the vehicle. Bumper extensions or modifications to compensate for suspension changes are not acceptable. Bumper height shall be no higher than 20 inches for Class A passenger vehicles and no higher than 28 inches for Class E light trucks or Class M multipurpose passenger vehicles.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Bumpers. Inspect bumpers for condition, mounting, size, and height. (a) Measure from level surface on which vehicle stands to the bottom edge of the main horizontal bar of the bumper, exclusive of any horizontal or vertical extension bars or bumper guards. On vehicles equipped with soft bumper covering, the measurement will be made on the reinforcing horizontal bar. Class E truck and Class M multipurpose vehicle measurement shall be made from the level surface on which the vehicle stands to the bottom edge of the main horizontal bar of the bumper exclusive of any horizontal or vertical extension bars or bumper guards. If the vehicle is not equipped with a rear bumper, the measurement shall be made from the level surface to the bottom edge of the frame side rails. A rear bumper is not required on a pickup truck. | (1) Bumper is broken or missing. A bumper concealed by design behind body components is not cause for rejection as long as it meets all other criteria. |
| (b) Replacement bumpers which are made of wood shall meet the following criteria to be considered equivalent to original: | (2) Abnormal protrusions or conditions are present which could be hazardous to persons. |
| (i) The wood shall be at least 3" × 6" hardwood (maple, oak, etc.) without metal reinforcement and be adequately secured to the original bumper brackets or in the same location as the original by at least 3/16 inch steel brackets; | (3) Bumpers are not securely mounted or capable of absorbing a reasonable of impact. |
| (ii) The wood shall be at least 2" × 6" hardwood (maple, oak, etc.), be reinforced by at least 3/16 inch flat steel, and be adequately secured to the original bumper brackets or in the same location as original by at least 3/16 inch steel brackets. | (4) Bumpers are not the original equipment or equivalent or do not extend the full width of the vehicle. |
| | (5) Bumpers are modified or extended to compensate for suspension changes or modifications. |
| | (6) Bumpers are higher than 20 inches for Class A passenger vehicles or 28 inches for Class E light trucks or Class M multipurpose vehicles. |
| | (7) Replacement wooden bumpers do not meet established criteria or are present on any school vehicle. |
Figure 18 BUMPER HEIGHT.
**Cross References**
11.14.02.01C(3)
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.08** Fenders and Flaps. {#sec-11.14.02.08 omnilex-key=us-md-regs-official--title-11--11.14.02.08}
A. Fender inspection shall include condition, mounting, and coverage of wheels and tires. Rear fenders are defined as the rear quarter panel of vehicle from the rearmost door opening rearward and from the window or trunk, or both, opening downward to the extreme bottom edge.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Fenders shall be securely attached to the vehicle and inspected for tears, sharp or jagged edges sufficient coverage of the wheel and tire both from the body outward and to the front and rear of tires and wheels. Fenders may be extended outward to compensate for tire or wheel changes provided the extensions: | (1) Fenders have tears, sharp, or jagged edges. A mere hole in a fender is not cause for rejection. However, any hole in a fender which will allow exhaust fumes to enter the occupant compartment or is such that jagged or sharp edges present a hazard to a pedestrian or passenger is cause for rejection. |
| (a) Provide required coverage of wheels and tires; | (2) Fenders are not securely fastened to the body. |
| (b) Are constructed of substantial materials; | (3) Fender does not extend outward from the body to cover the top of wheel and tire. |
| (c) Are securely attached to the body; | (4) The rear of all fenders do not extend downward to the horizontal centerline of the wheel. |
| (d) Have all edges rolled to eliminate sharp or jagged edges; | (5) Fronts of all fenders do not extend forward from the vertical centerline of the wheel to at least within a 45-degree angle of the horizontal centerline. |
| (e) Do not contact tires during different vehicle attitudes; | (6) Fenders have been extended downward to compensate for suspension modifications. |
| (f) If the bed of a light truck has been changed and a rear fender is impractical, the vehicle shall be equipped with flaps behind the rear wheels and tires of the vehicle and extending at least to the horizontal centerline of the wheels. | (7) Fenders are missing. |
| | (8) Flaps do not cover the width of the wheels and tires or do not extend at least to the horizontal centerline of the wheels. |
Figure 19 FENDERS.
**Cross References**
11.14.02.01C(2)
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.09** Body and Sheet Metal — Applicable to School Vehicles Only. {#sec-11.14.02.09 omnilex-key=us-md-regs-official--title-11--11.14.02.09}
Body exterior components and sheet metal parts, if damaged or dislocated so that they project from the vehicle to present a safety hazard to occupants, pedestrians, or other vehicles, may be cause for rejection of the vehicle.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Protruding Metal. Inspect for torn metal parts, moldings, rub rails, etc., which may protrude from vehicle. | (1) (a) Body components and sheet metal are subject to rejection if a condition exists which is hazardous to occupants, pedestrians, or other vehicles. (b) Torn metal, broken glass, or other loose or dislocated parts protrude from the surface of the vehicle which is hazardous to occupants, pedestrians, or other vehicles. |
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.10** Lighting. {#sec-11.14.02.10 omnilex-key=us-md-regs-official--title-11--11.14.02.10}
A. General Lamp and Reflector Inspection. This includes all original equipment, exterior lighting plus whatever lights are authorized.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visual Check of Lamp Function. Turn on the night driving lights and visually check the following: (Check (a) and (b) with ignition switch on, engine should not be running.) | |
| (a) Actuate turn signal level to right and left, and observe function of turn signal lights. (62 or newer model vehicles must be so equipped). | (a) Any required or permitted bulb or sealed beam unit fails to light. |
| (b) Place vehicle in all forward gears and check back-up lamps (if vehicle is so equipped). Back-up lamps are required to function when vehicle is in reverse but may not function when vehicle is in any forward gear. | (b) Turn signals do not properly indicate right or left when so switched. |
| (c) If vehicle is so equipped, actuate the following and observe lamps: (i) Hazard warning lamps (68 or newer model vehicles shall be so equipped). (ii) Brake system warning lamps. (iii) Indicator lamps for: hazard warning flashers, turn signals, high beam headlamps and school vehicle flashing warning lamps. (iv) Stop lamps (68 or newer model vehicles shall have two red or amber—67 or older model vehicles shall have at least one red or amber). Passenger vehicles manufactured on or after September 1, 1985, shall also have a red high mounted stop lamp mounted with its center on the vertical centerline of the vehicle as the vehicle is viewed from the rear. The lamp may be mounted at any position on the centerline, including the glazing. If the lamp is mounted inside the vehicle, means shall be provided to minimize reflections from the light of the lamp upon the rear window glazing that might be visible to the driver when viewed directly, or indirectly, in the rearview mirror. If the lamp is mounted below the rear window, no portion of the lens may be lower than 6 inches below the rear window on convertibles or 3 inches on other passenger vehicles. High mounted stop lamps on vehicles manufactured on or after September 1, 1985, but before September 1, 1986, may flash when the hazard warning system is activated (v) Headlamps—upper and lower beam. | (c) Turn signals do not stay in position and self-cancel if so equipped (if, because of age of the vehicle, parts are not available, this defect may be certified). (d) Back-up light system functions when the vehicle is in any forward gear, or back-up light system fails to function when vehicle is in reverse. (e) Any lamp shows color contrary to law (red or blue to the front, white light to the rear) except license plate lamp and back-up lamp when vehicle is in reverse gear; (tail lamp shall be red; stop lamps red or amber; turn signals white or amber to the front and red or amber to the rear; and head lamps white). (f) Any lamp fails to light proper filament when switched. (g) Any required lamp, lens, or reflector is obscured by any object or shield by a nontransparent material, or any headlamp equipped with aftermarket clear, tinted, or screen-typed cover. (h) Any lamp or reflector is not mounted to properly direct or reflect light. (i) Any lamp assembly or reflector is loose or improperly mounted. (j) Any tail lamp has a cracked or broken lens which emits a white light to the rear or any headlamp (sealed beam) contains a crack or hole, even if still functioning. (k) Any lamp, lens or reflector is not approved type. (l) Equipped with any unauthorized emergency or warning lamp. (m) Headlamp output is less then 5,000 candlepower on high beam or less then 3,500 candlepower on low beam. (n) Indicator lamps (if equipped) fail to function. (o) Dash lamps do not illuminate fuel gauge, oil pressure gauge, alternator gauge, temperature gauge, speedometer, and odometer. |
| (2) Observe function of: | |
| (a) Tail lamps (red; two on 72 or newer models; all others one). (b) Parking lamps (white or amber to the front, red to the rear) (c) Side marker lamps (68 models: amber front, red rear. 69 models: amber reflector front, red reflector rear. 70 and newer models: amber lamp and reflector front; red lamp and reflector rear). (d) Reflectors: 72 or newer models shall be equipped with at least two red reflectors on the rear. All other models shall have one. Reflectors may be part of the tail lamps or separate. (e) Clearance lamps: when required or permitted two amber front and two red rear to indicate overall width of the vehicle. One on each side of the vertical centerline of the vehicle at the same height and as near the top of the vehicle as possible. If the vehicle is equipped with three red identification lamps on the rear, the rear clearance lamps may be mounted at the top or bottom of the vehicle. (f) Permitted type II school vehicles. Required trucks and buses 80 inches or more in overall width. (g) Identification lamps. When required or permitted three amber front and three red rear grouped in a horizontal row with lamp centers spaced not less than 6 inches or more than 12 inches apart and mounted on a permanent structure of the vehicle as close as possible to the vertical centerline of the vehicle. Permitted type II school vehicles. Required front all 72 or newer models. Trucks or buses 80 inches or more in overall width. Rear all trucks and buses 80 inches or more in overall width. (h) License plate lamp(s)White. (i) Emergency/Warning Lamp when Required, School vehicles manufactured before January 1985 shall be equipped with two front and two rear alternately flashing red warning lamps unless approved otherwise. School vehicles manufactured after December 1984 shall be equipped with two front and two rear alternately flashing amber warning lamps in addition to the two front and two rear alternately flashing red warning lamps. After January 1, 1984, all school vehicles shall be equipped with two front and two rear alternately flashing amber and two front and two rear alternately flashing red warning lamps. (j) Red and/or Blue; Law enforcement vehicles. Red and/or White; Emergency, Fire Department, rescue vehicles, ambulances, state vehicles used for hazardous material spills. Amber; Service, maintenance, tow-trucks, escort, slow moving farm and rural letter carrier vehicles. Rural letter carrier vehicles two bi-directional lights at each side of the vehicle on the roof. Green; Taxicab emergency hold up light. (k) Dash lamps. (l) All interior lights (type II school vehicle only): (i) Six interior lamps to illuminate aisle; (ii) Stepwell lamp; (iii) Red identification lamp for emergency door (if equipped); (iv) Indicator lamp or signal for operation of flashing warning lamps; (v) Indicator lamps to monitor warning, stop, back-up, turn signal, tail and hazard lamps. | |
Figures 20—22.
(3) Preparation for Headlamp Aim Inspection. Preparation for headlamp and aim inspection to be done by owner of vehicle before inspection. Frame leveling is done at the station. Any one of the items listed below can affect the inspection results causing rejection of the vehicle. To prevent this and reduce inspection time, the inspector should have the first four of these items checked before inspection.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Remove excessive ice and mud from under fenders. | (a) Headlamps, when lit, are equipped with any cover or ornamentation. |
| (b) Inflate tires to recommended pressures. | (b) Headlamps have no aiming capability. |
| (c) Be sure that lenses are clean; check for burned out bulbs and proper beam switching. | (c) Headlamps are mounted lower than 24 inches or higher than 54 inches. |
| (d) Check for faulty wheel alignment or improper tracking of the rear axle. | |
| (e) Headlamps may only be mounted between 24 and 54 inches. If mounting height of headlamps appears to be lower than 24 inches or higher than 54 inches, measure from the center of the headlamp to the level surface on which the vehicle stands. | |
B. Headlamps. Vehicle shall be equipped with either a dual headlighting system consisting of four 5-3/4 inch diameter units, two of which shall be No. 1 and two of which shall be No. 2; or four 6-1/2 × 4-1/4 inch rectangular units, two of which shall be No. 1A and two of which shall be No. 2A; or four 5.93 × 3.64 inch rectangular-type F units, two of which shall be LF units and two of which shall be UF units; or a single headlighting system consisting of two 7 inch units; or two 8 × 5 inch rectangular units; or an approved bulb and reflector-type system. All units bearing the marking No. 2 shall be inspected and aimed on low beam. All bearing the marking No. 1 or no number will be inspected and aimed on high beam. Headlamp inspection and aiming by the photoelectric-optical method requires a level area sufficient for the vehicle and test equipment. The test equipment shall be accurately calibrated to the floor and accurately aligned to the vehicle. Additional lighting information is contained in §§F, G, and H (limits are in inches at 25 feet). Labeling requirements for sealed beam headlamps manufactured on or after July 1, 1979: 5-3/4 inch type 1-1C1, type 2-2C1; 6-1/2 inch × 4-1/4 inch type 1A-1A1, type 2A-2A1; 7 inch type 2-2D1; 8 inch × 5 inch type 2B-2B1; type F 5.93 inch by 3.64 inch—low beam—LF, high beam—UF. Type F units require special aimer adapter and must be aimed in accordance with the manufacturer's recommended procedures. Bulb and reflector-type headlamps currently approved contain a 9004 Sylvania bulb in a normal reflector unit or an H-4 bulb in a sealed reflector unit. Sealed reflector units contain a glass bubble which encases the bulb when in place, which can be detected by removing the bulb and determining if the bubble exists.
(1) High Beam.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) High Beam (Type 1). | Center is: |
| (i) With the vehicle in the inspection area and the test equipment properly calibrated and aligned to the vehicle, switch headlamps to high beam and observe hot spot. | (a) Horizontally: (i) More than 4 inches right, or (ii) More than 4 inches left of the vertical centerline; |
| (ii) When properly aimed, the center (hot spot) of the high intensity zone is set on the vertical and horizontal centerlines of the lamp. | (b) Vertically: (i) More than 4 inches above, or (ii) More than 4 inches below the horizontal line. |
(2) Low Beam. Inspect the low beam headlamp in the same method indicated as for high beam. Always inspect the following sealed beam units on low beam only: 5-3/4 inch diameter or 4-1/4 × 6-1/2 inch rectangular units marked type 2 or type 2A and 7 inch diameter or 8 × 5 inch rectangular marked type 2 or 2B.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Passing or Low Beam (Type 2). | (a) Beam Pattern. |
| (i) Under same procedure as high beam aim-inspection, switch headlamps on low beam and observe either the center of the high intensity zone or the left and top edges of the zone. (ii) When properly aimed: Edges of high intensity zone— Top edge centered on horizontal centerline. Left edge centered on vertical centerline. (iii) Center of high intensity zone adjust hot spot to 15 inches horizontally and 11 inches vertically. | (i) Left edge is horizontally more than 4 inches right or left of the vertical centerline; or (ii) Top edge is vertically more than 4 inches above or below the horizontal centerline. (b) Hot spot is: (i) Horizontally less than 11 inches or more than 19 inches; or (ii) Vertically less than 7 inches or more than 15 inches. |
Figure 23 HEADLAMPS.
C. Headlamp (Applicable to Type II School Vehicles Only).
(1) In order to compensate for the various conditions of loading encountered during inspection, the frame or body floor will be made level before checking. This will provide a standard condition for inspecting all vehicles and may be accomplished by using a combination of blocks under the rear wheels or a lifting device (jack) or both for the front end. A spirit level may be placed on the frame side member.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| Headlamp Aim. Attach mechanical aimer to headlamp unit according to instructions. Take readings. | (a) High Beam. (i) Horizontal aim is more than 4 inches to the left, or 4 inches to the right. |
| (a) High Beam. | (ii) Vertical aim is more than 4 inches up, or more than 4 inches down. |
| (b) Low Beam. | (b) Low Beam. |
| | (i) Horizontal aim is more than 4 inches to the left, or 4 inches to the right. (ii) Vertical aim is more than 4 inches up, or more than 4 inches down. |
(2) Place vehicle in a darkened location of sufficient size for the vehicle and an additional 25 feet from lamps to screen. An approved marked screen and adequate test area are required. Level the vehicle frame as described in §C(1). The vehicle shall be located accurately in front of the screen.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) High Beam. With vehicle properly located, switch headlamps to high beam and observe center of high intensity zone on the screen. | Center is: (a) Horizontally: (i) More than 4 inches right, or (ii) More than 4 inches left of vertical centerline; |
| | (b) Vertically: (i) More than 4 inches above, or (ii) More than 4 inches below the horizontal centerline. |
(3) Inspect the low beam headlamp in the same method indicated as for high beam. Always inspect the following sealed beam units on low beam only: 5-3/4 inch diameter or 6-1/2 × 4-1/4 inch rectangular units marked type 2 or 2A and 7 inch diameter or 8 × 5 inch rectangular units marked 2 or 2B.
Figure 24 AIMING SCREEN BEAM PATTERN — HIGH BEAM.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Low Beam. With vehicle properly located, switch headlamps to low beam and observe left and top edges of high intensity zone on the screen. | (a) Left edge is horizontally: (i) More than 4 inches left; or (ii) More than 4 inches right of vertical centerline. |
| | (b) Top edge is vertically: (i) More than 4 inches above; or (ii) More than 4 inches below the horizontal centerline. |
Figure 25 AIMING SCREEN BEAM PATTERN — LOW BEAM.
D. Fog Lamp and Auxiliary Driving Lamps. (A spot lamp is not considered an auxiliary driving lamp and has no set mounting height by law. Therefore, they need not be inspected.) If a vehicle is equipped with either fog lamps or auxiliary driving lamps they shall be properly aimed. Fog lamps shall be mounted on the front of the vehicle at a height not more than 30 inches or less than 12 inches above the level surface on which a vehicle stands. Only two fog lamps are allowed by law. Auxiliary driving lamps shall be mounted on the front of the vehicle at a height not more than 42 inches or less than 16 inches above the level surface on which the vehicle stands. Only two auxiliary lamps are allowed by law. The mounting heights of auxiliary driving lamps do not apply to emergency vehicles. Whenever a motor vehicle equipped with required headlamps also is equipped with any auxiliary lamps or a spot lamp or any other lamp on its front, projecting a beam of intensity greater than 300 candlepower, not more than four of these lamps on the front of a vehicle may be lighted at any one time when on a highway.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Auxiliary Driving or Fog Lamp Aim—Inspection. Under the same procedures as for headlamp inspection, switch on the lamps and observe the location of the high intensity zone or hot spot on the screen. | (1) Symmetrical Beam: Center of high intensity zone if more than: (a) Horizontally: (i) 4 inches left, or (ii) 4 inches right of the vertical centerline; or (b) Vertically—Less than 4 inches below the horizontal centerline. |
| (a) Symmetrical Beam. When properly aimed, the center of the high intensity zone is set 4 inches below the horizontal centerline of the lamp and centered on the vertical centerline. | (2) Asymmetrical Beam: Same as low beam headlamps. Center of high intensity is more than: (a) Horizontally: (i) 4 inches left, or (ii) 4 inches right of the vertical centerline; or |
| (b) Asymmetrical Beam. When properly aimed, the center of the high intensity zone is set 7 inches below a horizontal centerline of the lamp and centered on the vertical centerline. | (b) Vertically—Less than 7 inches below the horizontal centerline. |
| (2) Measure height of auxiliary driving or fog lamps. | (3) Fog lamps or auxiliary driving lamps are mounted higher or lower than allowed. Auxiliary driving lamps mounted on roll bar or roof for off-road use may remain but may not be connected to an electrical source. |
| | (4) Vehicle is equipped with more than two operable fog lamps. |
| | (5) Vehicle is equipped with more than two auxiliary driving lamps. |
E. Definitions.
(1) “Asymmetrical beam (nonsymmetrical)” means one in which both sides are not symmetrical with respect to the median vertical plane of the beam. All lower beams are asymmetrical.
(2) “Back-up” lamp means a lamp used to provide illumination behind the vehicle, and to provide an indicator when the vehicle is in reverse gear.
(3) “Cornering lamp” means a steadily burning lamp used when the turn signal system is operating to supplement the headlamps by providing additional road illumination in the direction of the turn.
(4) “Driving lamp” means an auxiliary lamp or lamps that may be used to supplement the upper beam of the regular headlamps.
(5) “Emergency warning lamp” means a lamp which provides a flashing light to identify an authorized vehicle on an emergency mission. The emergency signal may be an oscillating lamp, a rotating beacon or pairs of alternately or simultaneously flashing lamps.
(6) “Fog lamp” means a lamp which may be used with the lower beam headlights to provide illumination under condition of rain, snow, dust, or fog.
(7) “Hazard warning lamp” means a turn signal lamp which flashes simultaneously to warn of the presence of a vehicular hazard.
(8) Headlamps.
(a) 5-3/4 inch Round Sealed Beam Unit.
(i) “Type I sealed beam unit” means a sealed unit 5-3/4 inches in diameter having a single filament and providing only an upper beam distribution of light. This unit is identified by the number 1 on the lens and is aimed on the upper beam.
(ii) “Type II sealed beam unit” means a sealed unit 5-3/4 inches in diameter having two filaments, one filament providing the lower beam and one filament providing fill-in light for the upper beam. This unit is identified by the number 2 on the lens and is aimed on the lower beam.
(b) 7" Round Sealed Beam Unit.
(i) A sealed unit 7 inches in diameter providing an upper and lower beam. This unit is identified by the number 2 on the lens and is aimed on the lower beam.
(ii) No identifying Number on Lens. Sealed beam unit 7 inches in diameter providing an upper and lower beam. It is aimed on the upper beam.
(c) 8" × 5" Rectangular Sealed Beam Unit. Sealed beam unit providing an upper and lower beam. This unit is identified by the number 2B on the lens and is aimed on the lower beam.
(d) 6-1/2 × 4-1/4 inch Rectangular Sealed Beam Unit.
(i) Type 1A—sealed beam unit having a single filament and providing only an upper beam distribution of light. The unit is identified by the number 1A on the lens and is aimed on the upper beam.
(ii) Type 2A—sealed beam unit having two filaments, one filament providing fill-in light for the upper beam. This unit is identified by the number 2A on the lens and is aimed on the lower beam.
(e) 5.93 × 3.64 inch Rectangular Sealed Beam Units.
(i) Type LF—sealed beam unit having a single beam filament and providing only a lower beam distribution of light. The unit is identified by the designation LF on the lens. A special aimer adapter is required for aiming and aiming must be accomplished in accordance with the manufacturers' recommended procedures.
(ii) Type UF—sealed beam unit having a single beam filament and providing only an upper beam distribution of light. The unit is identified by the designation UF on the lens. A special aimer adapter is required for aiming and aiming (if applicable) must be accomplished in accordance with the manufacturers' recommended procedures.
(f) Bulb and Reflector Headlamps—A lamp assembly providing an upper and lower beam light by means of a replacement bulb. These lamps shall be capable of being aimed and are aimed on lower beam. They shall be capable of producing at least 3500 candlepower output on lower beam and 5000 candlepower on upper beam.
(9) “Headlamp lower beam” means a distribution of light as directed to avoid glare in the eyes of oncoming drivers while providing illumination ahead of the vehicle and intended for use in congested areas and on highways when meeting other vehicles within a distance of 500 feet.
(10) “Headlamp upper beam” means a distribution of light intended primarily for distant illumination and for use on the open highway when not meeting other vehicles.
(11) “Indicator lamp” means a lamp visible to the operator of a vehicle that indicates:
(a) Appropriate electrical circuits are in operation;
(b) Malfunction of vehicle performance; and
(c) Requirement for remedial action by the operator of the vehicle.
(12) “Lane changer” means a device, usually incorporated in the turn signal switch which will actuate the turn signal lamps when held by the driver. It is intended for momentary use for signaling a lane change. When released by the operator, it will return to neutral and deactivate the signal lamp.
(13) “License-plate lamp” means a lamp used to illuminate the license plate on the rear of a vehicle.
(14) “Operating units or switches” means devices by which the functioning of lamps are controlled.
(15) “Parking lamp” means lamps used to designate the front of a parked vehicle.
(16) “Passing lamp” means an auxiliary lamp or lamps that may be used to supplement the low beam of a standard headlamp system. It is not intended for winding roads or congested city areas.
(17) “Reflective device” means a device used on vehicles to give an indication to an approaching driver by reflected light from the headlamps of approaching vehicles.
(18) “SAE Lighting Identification Code” is a series of standardized markings for lighting devices which a manufacturer or a supplier may use to mark his product to indicate the SAE lighting standard or standards to which the device is designed to conform. The code is not intended to limit the manufacturer or supplier in applying other markings to the devices.
(19) “Sealed beam headlamp assembly” means a major lighting device used to provide general illumination ahead of the vehicle. It consists of the following:
(a) One or more sealed beam units (bulb assembly);
(b) Means for mounting securely to the vehicle;
(c) Means to permit required aim adjustment.
(20) “Sealed beam unit” means an integral and hermetically sealed optical assembly with the name “Sealed Beam” molded in the lens.
(21) “Side marker lamp” means a lamp on the left and right sides, beamed to the side, and intended to indicate vehicle length. They are located near the front and rear on each side and, for vehicles over 30 feet in length, are also located at the midpoint (intermediate side marker).
(22) “Stop lamp” means a lamp giving a steady warning light to the rear of the vehicle, to indicate the intention of the operator of the vehicle to reduce speed or stop.
(23) “Symmetrical beam” means one in which both sides are symmetrical with respect to the median vertical plane of the beam. Lamps having symmetrical beams are:
(a) 5-3/4 inch diameter type 1;
(b) 5-3/4 inch diameter type 2 (upper beam filament);
(c) 6-1/2 × 4-1/4 inch type 1A;
(d) 6-1/2 × 4-1/4 inch type 2A (upper beam filament);
(e) 8 × 5 inch type 2B (upper beam filament);
(f) All 7 inch diameter units (upper beam filament).
(24) “Tail lamp” means a lamp used to designate the rear of a vehicle.
(25) “Turn signal lamp” means a lamp which provides a flashing warning light to indicate the intended direction of the turn.
F. SAE Identification Code (J759C SAE Handbook).
(1) The following list is an identifying code for lights and signaling devices:
| Device | SAE Identification Code Designation |
| --- | --- |
| Reflex Reflectors: | |
| Class A | A |
| Class B (used before 1969 only) | B |
| Motorcycle and motor driven cycle turn signal lamps | D |
| Side turn signal lamps—vehicles 30 ft. (9.1m) or more in length | E |
| Side turn signal lamps—vehicles less than 30 ft. (9.1m) in length | E2 |
| Fog lamps | F |
| Sealed beam headlamps (marking applies to housing or unit) | H |
| Turn signal lamps—Class A | I |
| Turn signal lamps—Class A spaced less than 4 in. (102mm) from headlamp | I2 |
| Turn signal flasher | J590e or J5906 |
| Hazard warning signal flasher | J945b OR J945 |
| Warning lamp alternating flasher | J1054 |
| Cornering lamps | K |
| License plate lamps | L |
| Motorcycle and motor driven cycle headlamps—motorcycle type | M |
| Motorcycle and motor driven cycle headlamps—motor driven cycle type | N |
| Spot lamps | O |
| Parking lamps | P |
| Clearance or side marker or identification lamps | P2 |
| Combination clearance and side marker lamps | PC |
| Turn signal operating units Class A | Q |
| Turn signal operating units Class B | QB |
| Vehicular hazard warning signal operating unit | QC |
| Back-up lamps | R |
| Stop lamps | S |
| Tail lamps | T |
| Supplemental high mounted stop and turn signal lamps | U |
| Liquid burning emergency flares | V |
| Warning lamps for emergency, maintenance and service vehicles | W or W1 |
| Warning lamps for school buses | W2 |
| 360-degree emergency warning lamps | W3 |
| Emergency warning device | W4 |
| Electric emergency lanterns | X |
| Driving lamps | Y |
| Auxiliary low beam lamps | Z |
(2) All equipment for testing headlamps shall comply with the Society of Automotive Engineers Recommended Practice for Headlamp Inspection Equipment.
G. Headlamp Testing Machines.
(1) Headlamp Testing Machine. When a headlamp testing machine is used, it shall give results equivalent to those obtained using a screen. It shall be in good repair and adjustment, and shall be used in accordance with the manufacturer's instructions. A machine using a photoelectric cell or cells to determine aim should also have a visual screen upon which the beam pattern is projected proportionally to its appearance and aim on the screen at 25 feet. The visual screen shall be plainly visible to the operator and have horizontal and vertical reference lines to permit visual appraisal of the lamp beam.
(2) Mechanical Aimer (applicable to school vehicles only). When a mechanical aimer is used, it shall be in good repair and adjusted, and shall be used according to the manufacturer's instructions and shall be calibrated to the slope of the floor on which the vehicle stands.
(3) Screen (applicable to school vehicles only). When a screen is used, it should be 5' high × 12' wide with a matte white surface well shaded from extraneous light, and properly adjusted to the floor on which the vehicle stands. Provisions may be made for moving the screen so that it can be aligned parallel with the rear axle and so that a horizontal line drawn perpendicularly from the centerline of the screen will pass an equal distance midway between the two headlamps. The screen shall be provided with a fixed vertical centerline, two laterally adjustable vertical tapes, and one vertically adjustable horizontal tape.
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.11** Electrical System. {#sec-11.14.02.11 omnilex-key=us-md-regs-official--title-11--11.14.02.11}
To save time, the inspector should develop his own plan or sequence for checking miscellaneous electrical items, many of which can be inspected while inspecting other items.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| Inspect Electrical System. | |
| (1) Horn shall be securely fastened, produce audible but not harsh or loud sound, and have a horn button readily accessible to the operator. | (1) Horn is: (a) Loose; (b) Fails to function; (c) Produces loud or harsh sound; (d) Not equipped with horn button within arm's reach of operator. |
| (2) Switches shall all function properly. | (2) Switches fail to function. |
| (3) Wiring shall be well insulated. | (3) Wiring: (a) Insulation is bare, cracked, or broken; (b) Shows evidence of burning or short-circuiting. |
| (4) Connections shall be tight and secure. | (4) Connections are loose or show signs of excessive corrosion. |
| (5) Automatic Transmission Only. Neutral safety starting switch—Determine that starter operates with gear selector in P and N only. | (5) Starter operates with gear selector in any gear other than P or N. |
| (6) Battery—Check General Condition. | (6) Battery: (a) Is cracked or broken; (b) Connections are loose or show signs of excessive corrosion; (c) Is not held down securely; (d) Vents are not open (if equipped); (e) Is low on fluid level (if applicable). |
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.12** Interior and Emergency Equipment — Applicable to Type II School Vehicles Only. {#sec-11.14.02.12 omnilex-key=us-md-regs-official--title-11--11.14.02.12}
A. Seats, Stanchions, Rails.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Seats and Seat Belts. (a) Inspect seats for secure anchorage to floor. (b) Inspect seats for condition of frames, springs, and cover material. (c) Inspect driver's and occupant's seat belt webbing for fraying, splitting, tearing, malfunctioning buckles; loose, damaged, or missing anchorages or damaged or weakened floor pan. (d) Inspect for torn or broken interior metal trim, etc., which may present a hazard to occupants. | (1) (a) Any seat anchor belts are not securely fastened to floor or side mounting rail. (b) Cover material is torn, springs are exposed, if seat frame is loose, cracked or broken. (c) Driver's seat belt is missing. (d) Seat belt webbing is frayed, split, or torn. (e) Buckles do not operate properly. (f) Belt anchorages are loose, badly corroded, or not fastened to belt. (g) Belt mounting surfaces are badly deformed, damaged, or corroded. (h) Floor pans are damaged or weakened at anchorage. (i) Occupants' seat belts are missing when required. |
| (2) Stanchions and Guard Rails (when applicable). Inspect all stanchions, guard rails, grab handles, etc., for tightness, mounting, and general condition. | (2) (a) Any looseness is detected, or any fastening parts are missing, broken, or cracked. (b) Cover material or padding is torn (when applicable). |
B. Visors and Defroster. The sun visor shall be located in front and above the driver and passenger position.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Sun Visors. Inspect sun visor for loose, missing, or broken parts which would prevent it from being adjusted, or holding an adjustment. | (1) (a) Visor is missing. (b) Visor on driver's side cannot be positioned to protect driver's eyes from sun. (c) Visor is difficult to adjust or will not maintain a set adjustment. |
| (2) Windshield Defroster. Inspect for presence and proper functioning of windshield defroster. The device and/or auxiliary fans, etc., shall keep windshield, window at driver's left, and glass in service door clear. | (2) Windshield defroster defogger is missing or fails to function properly. |
C. Heaters, Step or Stepwell, and Vents.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Interior Heaters. (a) Inspect heater(s) for capability of maintaining inside temperature of 50°F at minimum average January outside temperature. (b) Inspect for leakage and general condition of heating system including heater hoses, tubing, shielding, valves, and controls. | (1) (a) Heater cannot maintain a temperature of 50°F at minimum average January outside temperature. (b) Any leakage or malfunction of heating system is detected. (c) Interior heater or pipes not properly shielded. (d) Cut off valve in engine compartment is not present. |
| (2) Step or Stepwell. Inspect general condition of step or stepwell at all door entrances. | (2) (a) Step or stepwell is blocked, cluttered, or surface material is loose. (b) Light for stepwell is missing or fails to function. (c) Step or stepwell is not covered with nonskid material. |
| (3) Ventilation. Check for function and general condition of ventilating system. | (3) System fails to furnish fresh air under operating conditions. |
D. Fire Extinguisher, First Aid Kit, and Tire Chains. Every school vehicle shall be equipped with a nontoxic dry chemical fire extinguisher having a rating of at least 5 lb./10 B.C. and equipped with a gauge, and first aid container mounted in plain view in the driver's compartment and, when applicable, tire chains.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Fire Extinguisher. Inspect for presence, location, condition and accessibility of the fire extinguisher. | (1) Extinguisher: (a) Is missing; (b) Seal is broken; (c) Is not readily accessible to driver; (d) Gauge shows low reading; (e) Does not have the proper rating. |
| (2) First Aid Kit. (a) Inspect for presence, accessibility, and general condition of the first aid kit. It shall be readily identifiable and contain at least the following: (i) Four adhesive bandages; (ii) Four adhesive tapes—1 inch by 5 yards; (iii) One bandage compress—2 inches by 48 inches; (iv) Four bandage compresses—4 inches by 4 inches; (v) Two gauze compresses—3 inches by 3 inches; (vi) Three gauze compresses—24 inches by 72 inches; (vii) Two triangular bandages—40 inches; (viii) One gauze bandage—2 inches by 6 yards; (ix) One wire splint; (x) Two tourniquets; (xi) One pair of forceps; (xii) One pair of scissors; (xiii) Unit kit—empty. | (2) First aid kit contents: (a) Are missing; (b) Are not readily accessible; (c) Package seals are broken; (d) Are not readily identifiable. |
| (3) Chains, Tires. When and where tire chains are required, inspect for presence and condition of tire chains. | (3) Chains, Tires: (a) Are missing, when required; (b) Are not serviceable; (c) Are not proper size. |
E. Warning Devices.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence, condition and accessibility of: (a) At least three red electric lanterns or three red emergency reflectors which meet Bureau of Motor Carrier Safety Standards; (b) At least three red-burning fuses, 30-minute stand-up type stored in a canister near the driver. | (1) Warning devices: (a) Are missing, do not function as designed or are not of an approved type; (b) Are improperly stored; (c) Are not readily accessible. |
F. Color, Signs, Lettering, Retro-Reflective Tape, and Identification.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Color. Inspect for proper color. (a) Body—National School Bus Yellow. (b) Lettering, body trim, and bumpers shall be black. Bumpers may be covered with a retroreflective material. | (1) Colors do not match standard. |
| (2) Signs and Lettering. Inspect for Lettering. (a) “SCHOOL BUS” front and rear (8 inch by 1 inch stroke black lettering, mounted as high as possible). (b) “EMERGENCY DOOR OR EXIT” inside and outside (2 inch black lettering, mounted directly above the door or on the door above the glass). (c) Operation of Emergency Door or Exit Latch (6 inch black arrow by 3/4 inch stroke indicating direction to release door or exit, inside and outside. (d) “STOP ON SIGNAL” when required (4 inch by 3/4 inch stroke black lettering below rear window). (e) Side Emergency Windows (if equipped). (i) “EMERGENCY EXIT” (2 inch by 3/8 inch stroke black lettering, mounted directly above the emergency window on both the inside and outside surfaces of the vehicle). (ii) Operating instructions necessary to unlatch and open emergency exit shall be in letters of a color that contrasts with its background and located within 6 inches of the release mechanism on the inside surface of the vehicle. A decal containing the instructions may be placed on the window. For buses manufactured after July 31, 2009, the decal shall be transparent except for the lettering. (f) Roof Vent/Emergency Exit. (i) “EMERGENCY EXIT” (in letters at least 2 inches high, of a color that contrasts with its background and located on an inside and outside surface of the exit, or within 12 inches of the roof exit opening). (ii) Operating instructions necessary to unlatch and open emergency exit shall be in letters of a color that contrasts with its background and located within 6 inches of the release mechanism on the inside and outside surface of the vehicle. | (2) Signs or lettering: (a) When required, are missing, illegible or obscured; (b) Are not proper size or color; (c) Are not located as required or permitted. |
| (3) Retro-Reflective Tape. Each opening for a required emergency exit on a school vehicle manufactured after May 2, 1994 shall be outlined around its outside perimeter with yellow retro-reflective tape having a minimum width of 1 inch. | (3) Retro-reflective tape: (a) Is missing when required, or is loose, defective, or obscured; (b) Is not the proper size or color; (c) Is not located as required. |
| (4) Identification. Inspect for presence, size and condition of required or permitted identification. | (4) Identification: (a) When required, is missing, illegible, or obscured; (b) Is not proper size; (c) Is not located where required or permitted; (d) Is not required or permitted. |
| (5) Required: (a) Vehicles owned by local Boards of Education: (i) Name of school system (both sides of vehicle 6-1/2 inches high by 1 inch stroke); (ii) Identification number (all four sides 6 inches high by 3/4 inch stroke visible directly from the front, rear, and each side). (b) Vehicles contracted to local Boards of Education: (i) Contractor's name (to rear of entrance door 3 inches high by 1/2 inch stroke in a 16 inch by 30 inch area); (ii) Identification number (all four sides 6 inches high by 3/4 inch stroke visible directly from the front, rear, and each side). (c) All other vehicles: (i) Owner's name (to rear of entrance door 3 inches high by 1/2 inch stroke); (ii) Identification number (all four sides 6 inches high by 3/4 inch stroke visible directly from the front, rear, and each side). | |
| (6) Permitted: (a) ICC number (to rear of entrance door 3 inches high by 1/2 inch stroke); (b) Address of owner (to rear of entrance door 3 inches high by 1/2 inch stroke); (c) Telephone number of owner (to rear of entrance door 3 inches high by 1/2 inch stroke). | |
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.13** Mirrors. {#sec-11.14.02.13 omnilex-key=us-md-regs-official--title-11--11.14.02.13}
A. Outside Mirrors. All vehicles shall be equipped with an outside rearview mirror on the driver's side providing a view of the highway for a distance of at least 200 feet to the rear. Every school vehicle shall be equipped with at least one convex mirror not less than 7-1/2 inches in diameter which shall be firmly mounted on the left front corner forward of the seated driver so that he may observe a reflection of the road from the front bumper to a point where direct observation is possible. One outside rearview mirror on each side of the school vehicle shall be mounted forward of the driver's seat and have an area not less than 50 square inches (minimum 5" × 10" high). Additionally there shall be on each side of vehicle a convex mirror of not less than 20 square inches of reflective surface. The convex mirrors may be incorporated in the plain view rearview mirror provided the plain view reflective area is not reduced, or they may be mounted independently. Either type shall be independently adjustable.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Rearview Mirror or Mirrors. From the driver's position, visually inspect all exterior mirrors for a clear and reasonably unobstructed view to the rear. Look for correct location, stable mounting, cracks, ease of adjustment and ability to hold an adjustment. | (1) Mirror: (a) Is missing (when required); (b) Mounting is loose so that rear vision is impaired; (c) Is obscured by windshield pillar or unwiped portion of the windshield; (d) Is cracked, pitted, or clouded to the extent that rear vision is obscured; (e) Does not provide an unobstructed view to the rear; (f) Cannot be adjusted or will not hold an adjustment; (g) Does not meet minimum size requirements (school vehicle only). |
| (2) Outside Crossview Mirror (Convex) (Applicable to School Vehicles Only). From the driver's seat visually inspect the exterior crossview mirror for unobstructed view of area forward of seated driver which is not directly observable. | |
B. Inside Mirrors. All vehicles shall be equipped with an inside rearview mirror except as noted in §B(1)(b). The inside rearview mirror shall be adjustable and clear view glass and provide a clear stable reflected view 200 feet to the rear. School vehicles shall be equipped with at least a 5 × 10 inch mirror, metal backed, framed with rounded corners, and firmly mounted as far forward as possible and provide a clear stable reflected view of the road surface to the rear of the vehicle for a continual distance beginning not more than 200 feet to the rear.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Interior Rearview Mirror. | (1) Mirror: |
| (a) From the driver's position, visually inspect interior mirror for proper mounting, location, cracks, sharp edges, ease of adjustment and ability to hold an adjustment. (b) If vehicle is designed or constructed where the view through an inside rearview mirror is obstructed, or the vehicle is a light truck or multipurpose vehicle with tinting, stickers, etc., on the windows behind the driver, the inside rearview mirror is not required; however, the vehicle shall be equipped with outside rearview mirrors on both sides. | (a) Is missing (when required); (b) Mounting is loose so that rear vision is impaired (c) Is cracked, pitted, or clouded to the extent that rear vision is obscured; (d) Does not provide an unobstructed view to the rear; (e) Cannot be adjusted or will not hold an adjustment; (f) Does not meet minimum size requirements (school vehicles only). |
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.14** Vehicle Glazing. {#sec-11.14.02.14 omnilex-key=us-md-regs-official--title-11--11.14.02.14}
A. Safety glazing material is marked with the manufacturer's distinctive designation or trademark, model number, and the letters “AS” followed by a number from 1 through 16B, which indicates where the glazing may be used on the vehicle. Safety glazing material also has the symbol “DOT” (Department of Transportation) and a manufacturer’s code mark that the NHTSA (National Highway Traffic Safety Administration) assigns to the manufacturer. Any questions regarding glazing shall be referred to the Automotive Safety Enforcement Division of the Department of State Police.
B. Proper Marking and Operation.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Proper Marking. Inspect glazing material for proper markings. The following is a brief list of “AS” markings and applications. Safety glazing material marked: (a) AS-1 is used in the windshield and may be used anywhere in a motor vehicle. (b) AS-2 may be used anywhere in a motor vehicle except for the windshield. (c) AS-3 may be used in windows to the rear of the driver in trucks, truck tractors, buses and multipurpose passenger vehicles. The vehicle must be equipped with an outside rearview mirror on each side. (d) AS-4 or AS-6 may be used in the rear windows of convertible passenger car tops. (e) AS-10 may be used where bullet resistance is required anywhere in a motor vehicle including the windshield. (f) AS-14 may be used anywhere in a motor vehicle except that it may not be used in the windshields of any of the following vehicles: convertibles, vehicles that have no roof or vehicles whose roofs are completely removable. | (1) Improper or unmarked glazing materials are used for specific positions. |
| (2) Window on Driver's Side. Inspect operation of window at driver's side. Window shall open and close readily even though the vehicle has approved turn signals. | (2) Window on driver's side does not open and close as designed to permit arm signals. |
| (3) Side Windows, Emergency Window Exits, and Roof Vent/Emergency Exits (school vehicles only). (a) Side Windows. (i) Open and close each passenger compartment side window and inspect for proper operation. (ii) Inspect passenger compartment side windows for unframed exposed edges of glass. (b) Side Emergency Windows (if equipped). (i) Inspect inside release mechanism. (ii) Check operation. (iii) Check function of audible signal. (c) Roof Vent/Emergency Exit. (i) Inspect release mechanism. (ii) Check operation. (iii) If equipped, check function of audible signal. | (3) Side Windows, Emergency Window Exits, and Roof Vent/Emergency Exits (school vehicles only). (a) Side Windows. (i) Any side window fails to function as designed. (ii) Any exposed edges of glass are not framed or framing is loose or broken. (b) Side Emergency Windows (if equipped). (i) Window release mechanism is loose or broken. (ii) Window will not operate properly. (iii) Audible signal fails to function in driver’s compartment and indicate to the seated driver when the engine is running a distinctive audible signal when release mechanism is moved, or sounds continuously when release mechanism is latched. (c) Roof Vent/Emergency Exit. (i) Release mechanism is loose or broken. (ii) Fails to operate properly. (iii) Audible signal, if equipped, fails to function in driver’s compartment and indicate to the seated driver when the engine is running a distinctive audible signal when release mechanism is moved, or sounds continuously when release mechanism is latched. |
C. Signs and Materials on Windshield or Windows. Inspect all glazing for unauthorized material or conditions that obscure the driver's vision.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Except as provided in §C(2) of this regulation, a vehicle may not be equipped with any sign, poster, card, sticker, or other nontransparent material on the windshield, side wings, or side or rear windows of the vehicle. (2) This does not apply to: (a) Materials placed on the windshield or rear window, within a 7 inch square area in the lower corner, or on the side windows of the vehicle to the rear of the driver, if the materials are placed so as not to interfere with the driver’s clear view of traffic; (b) Direction, destination, or termini signs on any passenger common carrier motor vehicle; (c) An electronic toll collection device placed in the windshield of a vehicle in accordance with guidelines established by the Maryland Transportation Authority; or (d) Security stickers authorized by a federal or State government agency that measure not more than 2 inches high and not more than 4 inches long, and are placed at the upper edge of the center of the windshield. (3) All vehicles equipped with permitted signs, posters, cards, stickers or other nontransparent materials on windows to the rear of the driver must be equipped with an outside rearview mirror on each side. | (1) (a) Glazed surfaces contain any sign, poster, card, decal, sticker, or other nontransparent material in violation of this regulation. (b) Driver’s vision is obscured. (c) Equipped with permitted signs, posters, cards, stickers or other nontransparent materials on windows to the rear of the driver and not equipped with an outside rearview mirror on each side. |
D. Post Manufacture Window Tinting.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect all glazing for the application of post manufacture window tint. The following post manufacture window tint is prohibited on any window or windshield of any vehicle. Window tint that: (a) Has a mirrored or one-way vision effect or a sparkling effect; (b) Is red, yellow, or amber in color; or (c) Changes to a red, yellow, or amber color. | (1) Any glazing contains post manufacture window tint that causes a mirrored or one-way vision effect, a sparkling effect, is a prohibited color, or changes to a prohibited color. |
| (2) Post manufacture window tint is acceptable on the following vehicles in the listed locations: (a) Passenger cars, convertibles, and station wagons. (i) All side and rear windows of these vehicles are regulated windows requiring at least 35 percent light transmittance after the application of post manufacture window tint and the vehicle is equipped with an outside rearview mirror on each side. (ii) Windshield. Post manufacture window tint may not be applied to the windshield below the AS1 line or below 5 inches from the top of the windshield, whichever is less. (b) Light trucks, vans, and multipurpose passenger vehicles. (i) All side windows of these vehicles to the immediate right and left of the driver are regulated windows requiring at least 35 percent light transmittance after the application of post manufacture window tint. (ii) Windshield. Post manufacture window tint may not be applied to the windshield below the AS1 line or below 5 inches from the top of the windshield, whichever is less. (iii) Windows of these vehicles to the rear of the driver may be tinted with post manufacture window tint to any degree of darkness. (iv) When equipped with permitted post manufacture window tint on any side or rear window, the vehicle must be equipped with an outside rearview mirror on each side. (c) Inspect the light transmittance of each vehicle window equipped with post manufacture window tint and required to have at least 35 percent light transmittance after the application of post manufacture window tint. | (2) (a) Post manufacture window tint is applied to glazing in violation of this regulation. (b) Equipped with permitted post manufacture window tint on any side or rear window and is not equipped with an outside rearview mirror on each side. |
| (3) Post manufacture window tint is prohibited on the following vehicles in the listed locations: (a) Limousines. (i) The windshield and all side windows to the immediate right and left of the driver are prohibited from the application of post manufacture window tint. (ii) Windows of these vehicles to the rear of the driver may be tinted with post manufacture window tint to any degree of darkness provided the vehicle is equipped with an outside rearview mirror on each side. | (3) (a) Post manufacture window tint is applied to glazing in violation of this regulation. (b) Equipped with permitted post manufacture window tint on any side or rear window and is not equipped with an outside rearview mirror on each side. |
| (b) School Vehicles. Post manufacture window tint is prohibited on all windows and windshield of a school vehicle. | |
| (4) Vehicles equipped with a high mounted stop lamp mounted inside the vehicle may not be equipped with post manufacture window tint in the area of the rear window in front of the high mounted stop lamp. | (4) Post manufacture window tint is applied to the area of the rear window in front of the high mounted stop lamp. |
| (5) Tint Manufacturer’s Labels (if equipped): Tint manufacturer’s labels may not be of a size or positioned in a manner that affects the driver’s vision or obscures the glazing manufacturer’s trademark or AS indicator. | (5) Tint manufacturer label, if equipped, is of a size or positioned in a manner that affects the driver’s vision or obscures the glazing manufacturer’s trademark or AS indicator. |
| (6) Medical Exemption. (Applicable only to vehicles noted in §D(2) of this regulation.) Transportation Article, §22-406, Annotated Code of Maryland, provides an exemption for a person who must be protected from the sun for medical reasons from having a light transmittance of at least 35 percent on regulated windows equipped with post manufacture window tint. The law requires the owner to have, in the vehicle at the time the vehicle is stopped by a police officer, a written certification that details the owner’s medical need for tinted windows, from a physician licensed to practice medicine in the State. A vehicle owner whose vehicle is undergoing an inspection, or has been issued a safety equipment repair order for defect #61 “TINT”, and indicates to the authorized inspection station their compliance with a medical exemption, shall be referred to the Automotive Safety Enforcement Division of the Department of State Police for examination of the vehicle owner’s medical documentation and the vehicle’s post manufacture window tint. If the owner meets the requirements specified in Transportation Article, §22-406, Annotated Code of Maryland, for the medical exemption and the vehicle is compliant with all post manufacture window tinting regulations in this chapter, excluding the light transmittance requirement of regulated windows equipped with post manufacture window tint, the Division, when applicable, shall be authorized to: (a) Issue a post manufacture window tint medical exemption form to be provided to the authorized inspection station performing an inspection of the vehicle which shall permit the registered inspection mechanic to exempt the vehicle's windows equipped with post manufacture window tint from meeting the light transmittance requirement; or (b) Certify the safety equipment repair order for defect #61 “TINT”. | |
E. Definitions.
(1) “Acute area” means the windshield area 8 inches wide by 5 inches high, located directly in front of the driver, centered vertically on the steering wheel of the vehicle and horizontally in the center of the critical area.
(2) “Cloudiness” means any degree of visible discoloration or separation, except tinting that does not affect clear vision.
(3) “Critical area” means the normal windshield wiper sweep, except the area obscured by the hood, fenders, or rearview mirror.
(4) “Discoloration” means a condition which impairs the transparency of the glazing.
(5) “Non-critical area” means all windshield area outside the critical area.
(6) “Normal windshield wiper sweep” means the area of the windshield cleaned by the windshield wiper, excluding the return position on both passenger's and driver's sides.
F. Glazing Damage.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect all windows for modification, damage, sharp edges, and discoloration of the glazing. | (1) (a) Any window is missing, modified, broken, or has exposed sharp edges. (b) There are cracks, discoloration, scratches, or conditions which interfere with the driver's view to the right or left. (c) The rear window of a passenger car, station wagon, or convertible is discolored so that the driver does not have a clear view 200 feet to the rear of the vehicle. (d) The driver's view to the rear in any vehicle except as provided above is obscured or obstructed and the vehicle is not equipped with an outside rear view mirror on each side. |
| (2) Windshield. Inspect windshield for modification and any cracks, nicks, pits, chips, star breaks, half moons or bull's-eye fractures, discoloration, sharp edges, and wiper blade scratches. | (2) Windshield. (a) Is missing or has been modified. (b) Driver's Side. (i) Cloudiness exceeds 1 inch from the top or side or 1 inch into the critical area from the bottom. If the windshield is divided, the cloudiness may not exceed 1/2 inch from the center divider. (ii) Acute area contains any one crack, nick, pit, chip, star break, half moon or bull's-eye fracture in excess of 1/4 inch in diameter or length, or any combination of individual cracks, nicks, pits, chips, star breaks, half moons or bull's-eye fractures which cumulatively exceed 1/4 inch in diameter or length, or any permanent condition which significantly interferes with the driver's vision. (iii) Critical area contains wiper blade scratches which are severe enough to distort vision, or any one crack, nick, pit, chip, star break, half moon or bull's-eye fracture in excess of 1/2 inch in diameter or length, or any combination of individual cracks, nicks, pits, chips, star breaks, half moons or bull's-eye fractures which cumulatively exceed 1/2 inch in diameter or length, or any permanent condition which significantly interferes with the driver's vision except in the permitted cloudy area. (iv) Non-critical area contains any intersecting cracks or any one crack or combination of individual cracks extending inward more than 2 inches separately or cumulatively from the outer frame on flat or curved windshields or over 4 inches on wraparound windshields, or any one crack, nick, pit, chip, star break, half moon or bull's-eye fracture in excess of 3/4 inch in diameter or length, or any combination of individual cracks, nicks, pits, chips, star breaks, half moons or bull's-eye fractures which cumulatively exceed 3/4 inch in diameter or length, or any permanent condition which significantly interferes with the driver's vision except in the permitted cloudy area. (c) Passenger Side. (i) Cloudiness exceeds 2 inches from the top or side or extends more than 2 inches into the critical area from the bottom. If the windshield is divided, the cloudiness may not exceed ½ inch from the center divider. (ii) Critical area contains wiper blade scratches which are severe enough to distort vision, or any one crack, nick, pit, chip, star break, half moon or bull's-eye fracture in excess of 1/2 inch in diameter or length, or any combination of individual cracks, nicks, pits, chips, star breaks, half moons or bull's-eye fractures which cumulatively exceed 1/2 inch in diameter or length, or any permanent condition which significantly interferes with the driver's vision except in the permitted cloudy area. (iii) Non-critical area contains any intersecting cracks or any one crack or combination of individual cracks extending inward more than 4 inches separately or cumulatively from the outer frame on flat or curved windshields or over 6 inches on wraparound windshields, or any one crack, nick, pit, chip, star break, half moon or bull's-eye fracture in excess of 1-1/2 inches in diameter or length, or any combination of individual cracks, nicks, pits, chips, star breaks, half moons or bull's-eye fractures which cumulatively exceed 1-1/2 inches in diameter or length, or any permanent condition which significantly interferes with the driver's vision except in the permitted cloudy area. |
Figure 26 VEHICLE GLAZING.
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.15** Windshield Wipers and Washers. {#sec-11.14.02.15 omnilex-key=us-md-regs-official--title-11--11.14.02.15}
The windshield wipers shall be inspected for operation, control, condition of blades and arms, or any missing part.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| A. Windshield Wipers. (1) Inspect for satisfactory operation. (If vacuum operated, engine shall be idling and control full on.) Windshield shall be free of insects, oil film, or other foreign matter, and should be continuously wet when tested. Wetting the windshield during school vehicle inspection may be waived if water is unavailable or the outside temperature is at or below freezing. (2) Inspect for damage, torn, or hardened rubber elements of blades. (3) Inspect for damaged metal parts of wiper blades or arms. (4) Inspect for proper contact of blades with windshield. Raise arm away from windshield and release. Arm should return to original position and cause the wiper blades to firmly contact the windshield. | A. (1) Wipers inoperative or cannot be controlled or operated by the driver. (2) A wiper arm or blade is broken or missing. (3) There is insufficient tension of arm to hold blade against windshield. (4) There are worn or deteriorated blades that do not clean the windshield (within 5 cycles applicable to school vehicles only). (5) Wiper arms and blades are not the proper size for the windshield. (6) Not equipped with on/off switch within arm's length of driver. (7) Arm(s) fail to return to park position. |
| B. Windshield Washers (school vehicles only). (1) Inspect for proper operation of hand or foot control and an effective amount of fluid delivered to the outside of the windshield. System shall function regardless of outside temperatures. | B. (1) Reservoir is empty. (2) System fails to function. (3) Fluid in system is frozen. (4) System does not provide fluid to the wiper area. |
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.16** Hood/Catches. {#sec-11.14.02.16 omnilex-key=us-md-regs-official--title-11--11.14.02.16}
A. Inspection shall consist of operation and presence of catches and safety catches; insuring that the hood covers at least the top part of the engine compartment; and, if equipped with an air scoop or bubble, same does not extend higher than 1/3 the vertical height of the windshield.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Open hood and inspect safety catch for proper operation. Close hood and inspect for proper full closure. Manually inspect latch or remote control for proper operation. (If engine is rear mounted, make a similar inspection of engine compartment and hood door.) Stud and safety pin-type latch is acceptable provided pressure is necessary to remove the pin from the stud. | (1) Hood does not cover at least the top of the engine compartment. (Full hood is required on school vehicles). |
| (2) Inspect for height of air scoop or bubble. | (2) Air scoop or bubble higher than 1/3 the vertical height of the windshield. |
| (3) On vehicles where the engine extends inside the vehicle the interior engine cover shall be inspected for proper sealing. | (3) Hood latch and keeper not original equipment or equivalent. |
| | (4) Hood is not equipped with a proper operating safety latch. |
| | (5) Latch and release mechanism of hood or engine cover is broken, missing, or improperly adjusted preventing the hood from being properly opened and closed. |
| | (6) Interior engine cover is not properly sealed to prevent the entrance of engine fumes or exhaust gases into the vehicle. |
Figure 27 HOOD SCOOP HEIGHT.
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.17** Doors, Handles and Latches. {#sec-11.14.02.17 omnilex-key=us-md-regs-official--title-11--11.14.02.17}
A. Inspection of doors, handles, latches, and hinges applies to all vehicles originally manufactured with doors and all other vehicles which are equipped with doors.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect all doors, latches, hinges, and handles for broken or missing parts, proper operation, and improper adjustment. Electric push button, or ring and cable means of opening the door are acceptable provided they are readily accessible. | (1) Doors or door parts are missing, broken, or sagging so that the door cannot be tightly closed. |
| | (2) Latch or handles not original equipment or equivalent. |
| | (3) Door handles and latches do not provide a means of readily opening door. |
| | (4) Secondary or safety catch does not function properly. |
B. Doors—Service, Emergency (applicable to school vehicles only). Service doors may be split-type, sedan-type, or jackknife-type with vertical closing edges covered with flexible material.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Service Door. (a) From driver's position, inspect function of opening and closing operation. (b) If door is equipped with a lock, determine if engine will start with door locked; check operation of audiovisual alarm with door locked. (c) Inspect condition of flexible material on vertical closing edges (when applicable). | (1) Service Door. (a) Power or manual opening and closing device shows evidence of binding, jamming, excessive wear, or malfunction. (b) Door is equipped with a lock and engine starts with door locked or audiovisual alarm fails to function with door locked and ignition switch on. (c) Flexible material is loose, torn, or missing (when applicable). |
| (2) Emergency Door. (a) Inspect for clear passageway to door. (b) Inspect inside and outside quick release mechanism. (c) Check length of stroke on slide bar or cam operated lock. (d) Check function of buzzer indicating door is not fully closed. (e) Inspect emergency door red identification light (if equipped). (f) Inspect emergency door gaskets. | (2) Emergency Door. (a) Passageway to emergency door is blocked or restricted in any way, to less than 12 inches width. (b) Door release mechanism fails to release when activated from inside and outside of the bus or if it opens without activating a release. (c) Latch will not hold the door tightly closed. (d) Slide bar has less than 1 inch stroke length. (e) Buzzer fails to function in driver's compartment and indicate to the seated driver when the engine is running a distinctive audible signal when slide bar is moved. (f) Red identification light, if equipped, fails to function when the headlamps or parking lamps are activated. (g) Gaskets are torn, loose, or missing. |
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.18** Floor; Trunk Pans. {#sec-11.14.02.18 omnilex-key=us-md-regs-official--title-11--11.14.02.18}
A. Floor and trunk pans shall be inspected for holes or rusted and weakened conditions.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect floor pan in occupant compartment (cab) or in cargo areas open to the occupant compartment for rusted-out areas or holes which could permit entry of exhaust gases or which could not support occupants. | (1) Floor pan (or floor) is cracked, has holes, or is rusted through or weakened to cause a hazard to an occupant, affects the secure mounting of seats, or permits exhaust gases or engine fumes to enter the occupant compartment. |
| (2) Inspect trunk pans for rusted-out areas, holes, or openings which would permit entry of exhaust gases. | (2) Trunk pans are rusted out, contain holes or openings. |
| (3) Inspect floor covering for presence, adhesion, hazardous conditions and sealing (applicable to school vehicles only). | (3) Floor covering is missing, cracked, curled, or worn; not properly sealed or attached; or presents a tripping hazard. |
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.19** Speedometer; Odometer. {#sec-11.14.02.19 omnilex-key=us-md-regs-official--title-11--11.14.02.19}
A. Speedometer and odometer will be inspected to determine if they are connected and operable, the dial and calibrations are legible, and calibrated in miles or kilometers.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect speedometer and odometer for operation and legibility. Speedometer shall register speed and odometer shall register distance traveled. The speedometer may register speed in miles per hour or kilometers per hour, or both, and odometer may register distance traveled in miles or kilometers. If the odometer records a distance in kilometers, the vehicle shall be placarded in view of the driver with a wording “kilometers divided by 1.609 equals miles”. | (1) Speedometer or odometer, or both, are disconnected or inoperable. |
| | (2) Dial and calibrations not legible. |
| | (3) Speedometer does not register speed in miles per hour or kilometers, or both. |
| | (4) Odometer does not register distance traveled. |
| | (5) Odometer records distance in kilometers and is not placarded with wording “kilometers divided by 1.609 equals miles”. |
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.20** Preventive Maintenance — Applicable to School Vehicles Only. {#sec-11.14.02.20 omnilex-key=us-md-regs-official--title-11--11.14.02.20}
A. Program. The vehicle owner shall establish a program recording inspections, repairs, and maintenance by vehicle number, and include at least annually a complete preventive maintenance inspection conducted jointly with M.V.A., to assure that each vehicle is in compliance with all sections of this manual pertaining to school vehicles. When the wheels have been removed for inspection or maintenance, and after the wheels have been replaced, the vehicle shall be test-driven to assure there is no imbalance of brakes before the vehicle is released for pupil transportation. Before September of each year, the Administration shall determine that the annual preventive maintenance inspection on each vehicle has been performed within the previous 12 months, repaired or replaced systems or parts are operating properly, and the condition of the vehicle is in accordance with the established standards. The Administration shall require a wheel or wheels to be pulled by the vehicle owner or mechanic, to verify condition and repair of brakes and other systems. In the event of a change of vehicle ownership and before the vehicle is authorized to transport school children, the Administration shall conduct a preventive maintenance inspection and accomplishment of any maintenance found necessary before the vehicle can be placed in service.
B. Preventive Maintenance Inspection.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect program for technical adequacy and for compliance with accepted standards. | (1) Preventive maintenance inspection has not been performed as required. |
| (2) Inspect vehicle records for compliance with minimum requirements of established standards. Each entry should be checked against the actual condition of the item. | (2) Records are unavailable or do not substantiate inspections, repairs, or maintenance performed as required. |
| (3) Verify the vehicle prevention maintenance inspection certification. | |
| (4) A preventive maintenance inspection shall include compliance with all items listed in the handbook. | |
C. Regular Inspection. Regular inspections shall be performed twice annually as required.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Regular inspections shall include the items in the preventive maintenance inspection except pulling wheels and checking brake linings, pads, and drums. | (1) Regular inspection has not been performed as required. |
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.21** Front Driver's Seat. {#sec-11.14.02.21 omnilex-key=us-md-regs-official--title-11--11.14.02.21}
A. Inspect front driver's seat for proper operation of the adjusting mechanism and that seat is securely anchored to the floor, if the vehicle was originally manufactured with a front seat.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence of front driver's seat and its condition. | (1) Front driver's seat is missing or unsafe. |
| (2) Inspect seat anchor bolts. | (2) All seat anchor bolts are not securely fastened to the floor or are missing. |
| (3) Inspect seat adjustment. | (3) Seat adjusting mechanism slips out of position or does not provide for adjustment. |
| (4) Inspect for protruding springs or other objects which could catch clothing or cause injury. | (4) Driver's seat has protruding springs or other objects which could catch clothing or cause injury. |
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.22** Safety Belts. {#sec-11.14.02.22 omnilex-key=us-md-regs-official--title-11--11.14.02.22}
A. Any motor vehicle manufactured or assembled after June 1, 1964, shall be equipped with two sets of seat belts on the front seat of the vehicle and any vehicle manufactured or assembled with a rear seat after June 1, 1969, shall be equipped with two sets of seat belts on the rear seat of the vehicle. This does not apply to any motorcycle, bus, truck, taxicab, or type II school vehicle.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for frayed, split, or torn webbing. | (1) Safety belt webbing is frayed, split or torn. |
| (2) Inspect for malfunctioning buckles. | (2) Belt buckles do not operate properly. |
| (3) Inspect for loose or damaged anchorages. | (3) Belt anchorages are loose, badly corroded, missing, or not fastened to belt. |
| (4) Inspect mounting surfaces. | (4) Belt mounting surface is badly deformed, damaged, or corroded. |
| (5) Inspect retracting and release mechanisms. | (5) Retracting or release mechanisms do not operate properly. |
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.23** Motor Mounts. {#sec-11.14.02.23 omnilex-key=us-md-regs-official--title-11--11.14.02.23}
A. Motor mounts include any mounting or securing device designed to hold the motor in a stable position, if originally manufactured with motor mounts.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect for missing or obviously broken motor mounts. | (1) One or more motor mounts are missing or obviously broken, and the vehicle was originally equipped with one or more motor mounts. |
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.24** Gear Selection Indicator. {#sec-11.14.02.24 omnilex-key=us-md-regs-official--title-11--11.14.02.24}
A. Inspect the gear selection indicator for vehicles with automatic transmission only.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) With engine running test the park, neutral, forward, and reverse positions for accuracy. | (1) Gear selection indicator for automatic transmission is missing or does not accurately indicate the correct position or direction of travel. |
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.25** Universal Joints/Constant Velocity Joints. {#sec-11.14.02.25 omnilex-key=us-md-regs-official--title-11--11.14.02.25}
A. Universal joints are found in most rear wheel drive vehicles which utilize a drive shaft to propel the rear wheels. Constant velocity joints are generally found on front wheel drive vehicles.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect for attachment and worn, damaged, or loose universal joints and constant velocity joints. | (1) Joint is not securely attached to drive shaft, transmission, or rear differential. |
| | (2)There is any movement of joint between the joint, bearing cap or cross bar, or both. |
| | (3)Any joint is frozen. |
| | (4) Any c.v. joint boot is torn or otherwise damaged so that lubrication cannot be contained. |
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.02.26** Load Covers. {#sec-11.14.02.26 omnilex-key=us-md-regs-official--title-11--11.14.02.26}
A. This regulation does not apply to a:
(1) Class K (farm area) vehicle as defined in Transportation Article, §13-935, Annotated Code of Maryland;
(2) Class E (truck) vehicle registered or capable of being registered under Transportation Article, §13-917, Annotated Code of Maryland, if the vehicle manufacturer's original design specifications for bed enclosures have not been altered to increase the vehicle's load carrying capacity;
(3) Construction vehicle working within the confines of a public works construction work project site as outlined in the construction project's plans and specifications, provided the distance traveled does not exceed 1 mile or the distance specified in an extension granted by the Maryland Department of Transportation;
(4) Construction vehicle or mining equipment while crossing a highway between construction or mining sites; or
(5) Vehicle, within the Port of Baltimore for a distance not to exceed 1 mile, carrying a load of loose material between a stockpile or storage facility and a vessel docked at the Port.
B. This regulation applies to a:
(1) Vehicle registered or capable of being registered under Transportation Article, §13-917, on which the manufacturer's original design specifications for bed enclosures have been altered to increase the vehicle's load;
(2) Part of the load touching any bed enclosure which is within 6 inches of the top of the enclosure that it touches; or
(3) Part of the load which is higher than any of the enclosures.
C. After January 1, 1992, any vehicle on which the manufacturer's original design specification for bed enclosures has been altered to increase the vehicle's load capacity shall have the load covered with a firmly attached canvas or similar type covering regardless of how the vehicle is loaded.
D. The requirements of this regulation apply only to the issuance and certification of a safety equipment repair order and do not apply to a complete inspection required upon sale or transfer of ownership of a used vehicle. A safety equipment repair order may be certified only if the cover is present, fully covers the top of the bed, and meets the requirements of this regulation.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect cover for presence and size. | (1) Cover is not present or does not fully cover the top of the vehicle bed. |
| (2) Inspect cover for holes, rips, tears, or broken mesh. | (2) Cover contains holes, rips, tears, or broken mesh which would permit any part of the load to blow, fall, or spill from the bed. |
| (3) Inspect cover for proper mounting. | (3) Cover in not securely attached to the bed. |
| (4) Inspect securement hardware for presence and condition. | (4) Securement hardware is missing, broken, or damaged. |
**History**
- *Administrative History: Effective date: November, 1965*
- *Administrative History: Chapter revised effective February 22, 1980 (7:4 Md. R. 348)*
- *Administrative History: Regulations .12B, F; .14A; .17B; and .20 amended effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .01C amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .12F amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .14 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .17B amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .26 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
### **11.14.03** Safety Standards for Motorcycles
##### **COMAR 11.14.03.01** Applicability — Motorcycles. {#sec-11.14.03.01 omnilex-key=us-md-regs-official--title-11--11.14.03.01}
A. The standards, requirements, and procedures set forth in this chapter are applicable to equipment installed by the manufacturer or required by federal or State requirement for motorcycles and sidecars, if equipped. Questions regarding motorcycle standards or specifications shall be referred to the Automotive Safety Enforcement Division of the Maryland State Police. A person constructing or reconstructing a motorcycle shall assure that the vehicle meets or exceeds all applicable federal or State safety standards.
B. Three-wheel multipurpose vehicles having one wheel in the front and two in the rear and not having an enclosed driver or occupant compartment shall meet all established minimum standards for the front of motorcycles and all established minimum standards for the rear of four-wheel multipurpose vehicles.
**History**
- *Administrative History: Effective date: November, 1973*
- *Administrative History: Chapter revised effective December 14, 1979 (6:25 Md. R. 1981)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Authority: Transportation Article, §§12-104(b), 23-103, and 23-104, Annotated Code of Maryland*
##### **COMAR 11.14.03.02** Steering, Alignment, and Suspension. {#sec-11.14.03.02 omnilex-key=us-md-regs-official--title-11--11.14.03.02}
Steering and alignment items should be checked visually and adjusted according to the manufacturer's specifications. Check for condition, adjustment, wear, or broken and defective parts.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| A. Swing arm bushing, bearing or rubber mount. Place motorcycle on jack or stand with rear wheel raised and inspect for wear or looseness. Check for lateral movement of swing arm by applying side to side force against rear wheel. Rubber mounted swing arms are designed to flex. | A. There is noticeable lateral movement of the swing arm or rubber mounts are cracked, broken, or torn. |
| B. Steering head bearings or bushings. Place the motorcycle on a stand or block with front raised. Grasp both fork legs and apply fore and aft force. Inspect for loose adjustment or play in steering head bearings or bushings. Turn handle bars from side to side and inspect for roughness or galling in bearings or bushings and location of stops. | B. (1) There is noticeable play or roughness in the steering head bearings or bushings. Drag from a steering damper is not cause for rejection. (2) Stops are missing or do not adequately prevent forks from excessive travel or contact with the tank, etc. |
| C. Wheel Alignment. Inspect front to rear wheel alignment and front wheel to fork tube alignment. For ease of inspection, three reference lines 1 inch apart on the floor may be used. Center the front tire on the center line and observe tracking of rear wheel as motorcycle is moved along the lines. | C. Front to rear wheel misalignment exceeds 1 inch or front wheel is not vertical and parallel to front fork tubes. Front fork tubes are bent or damaged preventing full travel and free action of front forks. |
| D. Handlebars. (1) Inspect handlebars for cracks, deformation, excessive flexure, proper alignment, mounting heights, width, and handgrips. | D. Handlebars. (1) The handlebars are: (a) Cracked; (b) Deformed; (c) Show excessive flexure other than flexure from rubber mounts; (d) Improperly aligned; (e) Not constructed of adequate material; (f) Less than 18 inches in overall width; (g) Not equipped with grips. |
| (2) Inspect handlebars for type of material used and proper thickness. | (2) Handlebars will not withstand up and down force. |
| (3) Apply up and down force to handlebars. | (3) Handlebars are more than 15 inches above the lowest portion of the occupied operator's seat. |
| (4) Inspect for unobstructed rotation of forks from stop to stop. | (4) Handlebars prevent front fork from rotating from stop to stop. |
| E. Shock Absorbers (if equipped) and front fork tubes— check dampening effects. Inspect for leaks. Check for rebound. | E. Shock absorbers, mounting bolts, or mounts are missing, broken, or loose. Severe leakage (not slight dampness) of shock absorber or front fork tube seal. |
| F. Wheel Bearings — grasp tire at top and bottom and rock it in and out. Rotate wheels and check for roughness and galling. | F. There is noticeable play or roughness when wheel is rotated. |
**History**
- *Administrative History: Effective date: November, 1973*
- *Administrative History: Chapter revised effective December 14, 1979 (6:25 Md. R. 1981)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Authority: Transportation Article, §§12-104(b), 23-103, and 23-104, Annotated Code of Maryland*
##### **COMAR 11.14.03.03** Frame. {#sec-11.14.03.03 omnilex-key=us-md-regs-official--title-11--11.14.03.03}
| Procedures: | Reject Vehicle If: |
| --- | --- |
| Inspect the motorcycle frame in all areas which would not require the disassembly of any components | Cracks, welds, fatigue points, work hardening, flexure is discovered which would indicate that the motorcycle frame has suffered structural damage which is hazardous to the rider or any passenger, or if frame is bent causing wheel alignment to exceed limits in Regulation .02C. |
**History**
- *Administrative History: Effective date: November, 1973*
- *Administrative History: Chapter revised effective December 14, 1979 (6:25 Md. R. 1981)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Authority: Transportation Article, §§12-104(b), 23-103, and 23-104, Annotated Code of Maryland*
##### **COMAR 11.14.03.04** Brakes. {#sec-11.14.03.04 omnilex-key=us-md-regs-official--title-11--11.14.03.04}
| Procedures: | Reject Vehicle If: |
| --- | --- |
| A. (1) At a speed of 20 mph on a smooth level, dry surface which is free from loose material, the brakes are required to stop the motorcycle within 30 feet. (2) If vehicle is equipped with both front and rear brakes, determine if there is adequate braking action at both wheels. | A. (1) The motorcycle fails to stop within 30 feet. (2) There is inadequate brake action on either wheel. (3) There is obvious vibration, wobble, or bounce caused by warped brake rotor or brake drum out of round. |
| B. Mechanical Brake System. Inspect linkage, cables, pivots, and bearings for high friction, wear, and broken or missing parts. Motorcycles manufactured after January 1, 1974, shall have brakes on all wheels. | B. (1) Brake adjustment changes under any steering or loading conditions. (2) Cotter pins are missing. (3) Pins or clevises worn more than 25 percent of the original diameter. (4) The cam operating lever has been repositioned on the shaft as a means of avoiding replacement of worn cam, shoes, or lining. (5) Any cables are frayed (two or more broken strands). (6) Any brake adjustment mechanism which will not maintain an adjusted position or is adjusted to its maximum extent. (7) Front brake cable is routed so as to be pinched between fork and frame. (8) There is any roughness, binding, or jamming in levers or pedals. (9) Less than 1/3 travel remains in hand or foot brake when brakes are applied. (10) Modifications make the pedal inaccessible for adequate leverage or operation. (11) Manufactured after January 1, 1974, and not equipped with brakes on all wheels. |
| C. Condition of Mechanical Components in Hydraulic or Mechanical Systems. (1) Inspect for worn pins and missing or defective cotter pins. (2) Inspect for broken or missing springs and worn cables, clevises, couplings, rods, and anchor pins. (3) Inspect for frozen, rusted, inoperative connections, missing spring clips, and defective grease retainers. (4) Inspect pedal shaft and bearings for high friction, wear, and misalignment. (5) Inspect for restriction of shoe movement at backing plate and for bind between brake shoes and anchor pins. (6) Inspect actuating cam for excessive wear, camshaft for looseness in backing plate bushing and determine that springs are of sufficient strength to return and hold shoes against cam. | C. (1) Mechanical parts are missing, broken, or badly worn. (2) There is excessive friction in pedal and linkage or in brake components. (3) Pedal or levers are improperly positioned or misaligned. (4) Grease seals are defective, dripping, or slinging grease. |
| D. Hydraulic System. Motorcycles manufactured after January 1, 1974, shall have brakes on all wheels. (1) Visually inspect condition of hydraulic system. (2) Inspect hydraulic hoses and tubes for leaks, cracks, chafing, flattened or restricted sections, and improper support. (3) Inspect master cylinder for leakage and fluid level. (4) Inspect master cylinder push rod for improper adjustment. (5) Inspect wheel cylinders or hydraulic brake actuating systems. | D. (1) Hoses or tubing leaks or they are cracked, chafed, flattened, restricted, or are improperly fastened. (2) Master cylinder leaks or the reservoir is less than 1/2 full. (3) There is any leakage in the braking system. (4) The push rod is improperly adjusted. (5) Wheel cylinder or caliper leaks or fails to function. (6) Manufactured after January 1, 1974, and is not equipped with brakes on all wheels. |
At least one rear wheel and drum assembly shall be removed (for inspection of linings on vehicles equipped with drum brakes) from a three-wheeled multipurpose vehicle for lining, drum, and component inspection. Removal of a wheel on any other motorcycle shall be required only if any malfunction of braking is discovered during a road test. 1974 and newer motorcycles have a means of inspecting brake lining thickness without removing a wheel.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| E. Condition of Linings and Pads. (1) Bonded—Measure the lining thickness at the thinnest point. (2) Riveted—Measure lining thickness at thinnest point. (3) Wire-backed—Inspect for wire showing on the friction surface of the lining. (4) All Linings or Pads—Inspect for broken or cracked linings, and parts of linings not firmly attached to shoe. Also inspect for contamination and excessively uneven lining or pad wear. Circumferential head cracks on bonded linings are not reason for rejection if the lining is securely attached to the shoe. | E. (1) Brake lining wear reference mark indicates unsafe or replacement. (2) Thinnest point of bonded lining is less than 2/32 inch. (3) Any rivets are loose or missing. Lining is worn less than 2/32 inch above any rivet head. (4) Wire backing is visible on the friction surface. (5) Lining is broken, cracked, or not firmly and completely attached to shoe. (a) Friction surface is contaminated with brake fluid, oil, or grease. (b) Lining wear is extremely uneven. |
| F. Brake Drums. (1) Inspect condition of the drum friction surface for substantial cracks extending to the open edge of the drum. Short hairline heat cracks should not be considered. (2) Inspect for cracks on the outside of the drum. (3) Inspect for mechanical damage. (4) Inspect for contaminated friction surface. | F. (1) There is any substantial crack on the friction surface extending to open edge. Excessive wear (0.060 maximum) over original diameter or in excess of diameter embossed on drum. Grooving exists. (2) There is any external crack. (3) There is evidence of mechanical damage other than wear. (4) Friction surface is contaminated with oil, grease, or brake fluid. |
| G. Brake Discs. (1) Inspect for substantial cracks extending to edge of disc. (2) Inspect for mechanical damage. (3) Inspect for contaminated friction surface. | G. (1) There is any substantial crack extending to the edge. Worn beyond manufacturer's tolerances for replacement. (2) There is evidence of mechanical damage other than wear. (3) Friction surface is contaminated with oil, grease, or brake fluid |
**History**
- *Administrative History: Effective date: November, 1973*
- *Administrative History: Chapter revised effective December 14, 1979 (6:25 Md. R. 1981)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Authority: Transportation Article, §§12-104(b), 23-103, and 23-104, Annotated Code of Maryland*
##### **COMAR 11.14.03.05** Wheels and Tires. {#sec-11.14.03.05 omnilex-key=us-md-regs-official--title-11--11.14.03.05}
Reference is made to Figure 1 for visual aid in determining tire wear.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| A. Inspect for tire wear. (1) Tires without tread wear indicators. (2) Tires with tread wear indicators. (3) Inspect for cord exposure. | A. (1) Tire is worn so that less than 1/32 inch tread remains when measured at the thinnest point in any groove. (Figure 1) (2) Tire is worn so that a tread wear indicator contacts the road in any groove. (Figure 1). (3) Tire has a worn spot that exposes the cord through the tread. |
| B. Inspect for tread cuts, snags, or sidewall cracks. | B. Tire has tread cuts, dry rot, snags, or sidewall cracks in any direction, and deep enough to expose cords. |
| C. Inspect for bumps, bulges, or knots. | C. Tire has visible bumps, bulges, or knots indicating partial failure or separation of the tire structure. |
| D. Inspect for regrooved or recut tires. | D. Tire has been regrooved or recut below original groove depth, except those which can be readily identified on the sidewall as regroovable. |
| E. Inspect for tire size. | E. Tires are smaller than manufacturer's specified minimum or of a size that causes tire and body contact during different vehicle attitudes. |
| F. Visually inspect for restricted usage marking on tire. (Such as reclassified tires) | F. Tire is: (a) Marked “For Farm Use Only”; (b) Marked “Off Highway Use Only”; (c) Marked “For Racing Use Only”; (d) A metal studded snow tire during period when prohibited. |
| G. Inspect wheel bolts, studs, nuts, or lugs. | G. Wheel bolts, nuts, studs, or lugs are loose, missing, or damaged. |
| H. Inspect for wheel damage. | H. Any part of wheel is bent, cracked, rewelded, or damaged, so as to affect safe operation of the vehicle; loose or missing spokes on spoke-type wheels; or any wheel not at least the equivalent of original equipment. |
| I. Inspect for wheel size. | I. Any wheel is not at least the minimum size recommended by the motorcycle manufacturer. |
Figure 1—TYPES OF MOTORCYCLE TIRES.
Figure 1. Tire Tread Depth Gauge Wear Indicator — Inspection Recommendation. The tire inflation pressure should be checked against the vehicle manufacturer's recommendations (in owner's manual). Pressure lower or higher than recommended are not cause for rejection but the vehicle owner should be advised to correct this condition at the earliest opportunity.
**History**
- *Administrative History: Effective date: November, 1973*
- *Administrative History: Chapter revised effective December 14, 1979 (6:25 Md. R. 1981)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Authority: Transportation Article, §§12-104(b), 23-103, and 23-104, Annotated Code of Maryland*
##### **COMAR 11.14.03.06** Fuel System. {#sec-11.14.03.06 omnilex-key=us-md-regs-official--title-11--11.14.03.06}
The fuel system includes fuel tank, fuel pump, fuel valve, and necessary piping to carry the fuel from the tank to the carburetor.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect the fuel tank, fuel tank supporting brackets and hardware, fuel tubing, clamps, vent hoses, fuel tank cap, fuel on/off valve, fuel filter, and carburetor. (2) Inspect for proper operation of choke, hand throttle, or accelerator. | (1) Any part of system is not securely fastened. (2) There is fuel leaking at any point in system. (3) Fuel tank cap is missing. (4) Physical damage caused by aging to any of the components. (5) Choke, throttle, or accelerator do not function properly, that is, binding, roughness or failure to return to released position. |
**History**
- *Administrative History: Effective date: November, 1973*
- *Administrative History: Chapter revised effective December 14, 1979 (6:25 Md. R. 1981)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Authority: Transportation Article, §§12-104(b), 23-103, and 23-104, Annotated Code of Maryland*
##### **COMAR 11.14.03.07** Exhaust System. {#sec-11.14.03.07 omnilex-key=us-md-regs-official--title-11--11.14.03.07}
The exhaust system includes all tubing or pipe from the exhaust port of the engine to the exhaust outlet including mufflers.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect the exhaust system for leaks, deterioration, proper mounting and general condition. (a) Rusted or corroded areas shall be given particular attention. (b) Holes in the system made by the manufacturer for drainage are not cause for rejection. | (1) Vehicle has no muffler. (2) There are loose or leaking seams or joints. (3) There are holes caused by corrosion or temporary repairs made to the exhaust pipe, muffler, or tail pipe. Welding or brazing is considered a permanent repair if it does not leak. |
| (2) The exhaust outlet shall extend beyond the rearmost seating position or mounted in such a manner that the exhaust is not directed at the operator or passenger foot rest assemblies. | (4) Tail pipe end is pinched or obstructed or does not extend beyond the rearmost seating position. (5) The system is not properly mounted or securely fastened. (6) There are loose or removed muffler baffles; the vehicle is equipped with cutout or similar device; or the system is not original or equivalent (7) Mufflers and pipes are not shielded to prevent riders from being burned (8) Exhaust pipe, muffler, or tail pipe is not of a leak-proof construction. Flexible pipe that does not leak is acceptable. (9) It emits continuous exhaust fumes or smoke which obscures persons or objects from view at reasonable distance under normal atmospheric conditions for more than 10 consecutive seconds. |
**History**
- *Administrative History: Effective date: November, 1973*
- *Administrative History: Chapter revised effective December 14, 1979 (6:25 Md. R. 1981)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Authority: Transportation Article, §§12-104(b), 23-103, and 23-104, Annotated Code of Maryland*
##### **COMAR 11.14.03.08** Lighting. {#sec-11.14.03.08 omnilex-key=us-md-regs-official--title-11--11.14.03.08}
General Lamp and Reflector Inspection. This includes all original exterior lighting, plus whatever lamps are authorized. On vehicles without batteries, the engine shall run at high idle speed to perform lighting tests.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| A. Switch on the night driving lamps and visually inspect the following: (Inspect (1) and (2) with ignition switch on.) (1) Actuate turn signal lever to right and left and observe function of turn signal lamps (if equipped). Motorcycles manufactured after January 1, 1973 shall have turn signals. (2) Place vehicle in all forward gears and inspect back-up lamps for function (if equipped). (3) Actuate the following and observe: indicator lamps, stop lamps, headlamps, lower and upper beam. (4) Observe the function of: (a) Tail lamps; (b) Parking lamps; (c) License Plate lamps; (d) Reflex reflectors. | A. (1) Any bulb or sealed beam unit fails to light except back-up lamps. (2) Turn signals do not properly indicate right and left when so switched. (3) Back-up lamp system functions when vehicle is in a forward gear (if equipped). (4) Lamp shows color contrary to law (red light to the front; white light to the rear, except license plate lamp); (tail lamps shall be red; stop lamps red or amber; and headlamps shall emit white light). (5) Lamp fails to light the proper filament indicated at switch position. (6) Any lamp or reflector does not direct light properly. (7) Any lamp or lens is obscured or shielded by a nontransparent material or object. (8) Lamp assembly improperly fastened. (9) Lamp has a cracked or broken lens which emits a light contrary to law. (White light to the rear.) (10) Any lamp, lens, or reflector is not an approved type. |
| B. Headlamp Inspection. Determine if lamp is mounted properly, not less than 24 inches or more than 54 inches above the road surface; or vehicle is equipped with at least one and not more than two headlamps, sealed beam or halogen replaceable bulb with reflector. | B. Headlamp does not comply with mounting requirement. |
Additional Lighting Requirements. Inspect for safe condition, operation, wiring, and switching. All must be of an approved type.
C. Tail Lamps — At least one required.
(1) Shall be red in color.
(2) Shall be visible in normal atmospheric conditions at night from 300 feet to the rear. (Vehicle manufactured after 6/1/71 shall be visible for 1,000 feet.)
(3) Mounted height: not less than 15 inches or more than 72 inches above the road surface for vehicles manufactured after August of 1970.
D. Stop Lamps — At least one required.
(1) Shall be red or yellow (amber) in color.
(2) Shall be visible in normal sunlight and night time from 300 feet to the rear.
(3) Shall be activated by application of service brake.
(4) May be combined with other rear lamps.
(5) Shall be extinguished when the turn signal is operating, if combined with rear turn signals.
(6) Mounting height: not less than 15 inches or more than 72 inches above road surface for vehicles manufactured after August of 1970.
E. License Plate Lamp — One required.
(1) Shall be white in color.
(2) Shall render license plate legible from a distance of 50 feet at night.
(3) Shall be activated by same circuit which activates the headlamps.
(4) May be combined with other rear lamp.
F. Rear Reflector — One required, two permitted.
(1) In the rear vertical centerline; except if two reflectors are used on the rear, they may be symmetrically placed about the vertical centerline.
(2) Not less than 15 inches or more than 60 inches above the road surface.
(3) May be combined with other rear lamp.
G. Side Reflectors (only required on vehicles manufactured after 1/1/68.)
(1) Two red—one on each side as far to the rear as possible.
(2) Two amber—one on each side as far forward as possible.
(3) Not less than 15 inches or more than 60 inches above the road surface.
(4) May be combined with other lamps.
H. Auxiliary Driving and Fog Lamp Aim — Inspection.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Under the same procedure as for headlamp inspection, switch on the fog lamps and observe the location of the high intensity zone or hot spot on the screen. (2) Symmetrical Beam. When properly aimed, the center of the high intensity zone is set 4 inches below the horizontal centerline of the fog lamp and centered on the vertical centerline. . | Symmetrical Beam: (1) Center of high intensity zone is more than: (a) Horizontally: (i) 4 inches left, or (ii) 4 inches right of vertical centerline; (b) Vertically: Less than 4 inches below the horizontal centerline. |
| (3) Asymmetrical Beam: When properly aimed, the center of the high intensity zone is set 7 inches below a horizontal centerline of the fog lamps and centered on the vertical centerline | Asymmetrical Beam: (Same as low beam headlamps.) (a) Center of high intensity zone is more than: (i) 4 inches left, or (ii) 4 inches right of vertical centerline; (b) Vertically: Less than 7 inches below the horizontal centerline |
**History**
- *Administrative History: Effective date: November, 1973*
- *Administrative History: Chapter revised effective December 14, 1979 (6:25 Md. R. 1981)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Authority: Transportation Article, §§12-104(b), 23-103, and 23-104, Annotated Code of Maryland*
##### **COMAR 11.14.03.09** Electrical System. {#sec-11.14.03.09 omnilex-key=us-md-regs-official--title-11--11.14.03.09}
To save time, the inspector should develop his own plan or sequence for checking miscellaneous items, many of which can be inspected while inspecting other items.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| Inspect Electrical System. A. Horn shall be securely fastened, produce audible but not harsh or loud sound, and have a horn button readily accessible to the operator. | A. Horn: (1) Is loose; (2) Fails to function; (3) Produces unreasonably loud or harsh sound; (4) Is not equipped with a horn button within arm's reach of operator. |
| B. Switches shall all function properly. | B. Switches fail to function. |
| C. Wiring shall be well insulated. | C. Wiring: (1) Insulation is broken or wiring is bare; (2) Shows any evidence of burning or short circuiting. |
| D. Connections shall be tight and secure. | D. Connections are loose or show evidence of excessive corrosion. |
**History**
- *Administrative History: Effective date: November, 1973*
- *Administrative History: Chapter revised effective December 14, 1979 (6:25 Md. R. 1981)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Authority: Transportation Article, §§12-104(b), 23-103, and 23-104, Annotated Code of Maryland*
##### **COMAR 11.14.03.10** Rearview Mirrors. {#sec-11.14.03.10 omnilex-key=us-md-regs-official--title-11--11.14.03.10}
| Procedures: | Reject Vehicle If: |
| --- | --- |
| A. Rearview mirrors shall permit a clear view to the rear of the vehicle. Inspect for secure mounting, visibility and condition of mirror and its mounting hardware. | A. (1) The mirror is cracked or discolored. (2) Mirror is improperly installed or loosely mounted. (3) A minimum 200-foot visibility cannot be achieved. (4) Motorcycle is not equipped with two rearview mirrors meeting requirements. |
| B. Motorcycle shall be equipped with two rearview mirrors, one on left and one on right handlebar with a reflective area or at least 7 square inches each. Mirrors on 1978 or newer motorcycles with a plane surface shall have at least 12.5 square inches of reflective surface or, if convex, at least 10 square inches of reflective surface. (1) The mirror shall be securely mounted and sufficiently stable to provide a readily distinguishable image to the rider under normal conditions. (2) The mirror shall be regular in shape (circular, oval, rectangular or square) and may not contain sharp edges, projections, or irregular indents capable of producing injury. | |
**History**
- *Administrative History: Effective date: November, 1973*
- *Administrative History: Chapter revised effective December 14, 1979 (6:25 Md. R. 1981)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Authority: Transportation Article, §§12-104(b), 23-103, and 23-104, Annotated Code of Maryland*
##### **COMAR 11.14.03.11** Windshield or Windscreen. {#sec-11.14.03.11 omnilex-key=us-md-regs-official--title-11--11.14.03.11}
| Procedures: | Reject Vehicle If: |
| --- | --- |
| Vehicle Glazing. Windshields or windscreens are not required, but if installed, they shall be free of cracks, discoloration, or scratches which create any vision obstruction. They shall be an approved type and be mounted so that the driver's vision is not obstructed. | (1) Windscreen obstructs or obscures the driver's vision. (2) Any support or stiffener device is mounted in the driver's forward line of vision. |
**History**
- *Administrative History: Effective date: November, 1973*
- *Administrative History: Chapter revised effective December 14, 1979 (6:25 Md. R. 1981)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Authority: Transportation Article, §§12-104(b), 23-103, and 23-104, Annotated Code of Maryland*
##### **COMAR 11.14.03.12** Passenger Safety Items. {#sec-11.14.03.12 omnilex-key=us-md-regs-official--title-11--11.14.03.12}
| Procedures: | Reject Vehicle If: |
| --- | --- |
| A. Passenger Hand Hold Device. If a passenger is to be transported, a properly attached hand hold device shall be provided on the motorcycle and shall be of sufficient strength and size to provide adequate support to any passenger. A strap or bar device is acceptable. | A. When a passenger can be transported and a hand hold is not present. |
| B. Foot Rest Assemblies. For each designated seating position or if a passenger is to be transported, the motorcycle shall be equipped with a foot rest assembly on each side of the motorcycle. Passenger foot rests may be retractable or permanent. However, 1975 or newer shall be retractable. | B. (1) When a passenger can be transported and foot rests are not present. (2) Passenger foot rests are permanently attached and extend more than 1 inch beyond the widest part of the motorcycle excluding handlebars. (3) 1975 or new motorcycle is not equipped with retractable passenger foot rests. |
**History**
- *Administrative History: Effective date: November, 1973*
- *Administrative History: Chapter revised effective December 14, 1979 (6:25 Md. R. 1981)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Authority: Transportation Article, §§12-104(b), 23-103, and 23-104, Annotated Code of Maryland*
##### **COMAR 11.14.03.13** Body Items. {#sec-11.14.03.13 omnilex-key=us-md-regs-official--title-11--11.14.03.13}
| Procedures: | Reject Vehicle If: |
| --- | --- |
| A. Check for required body items, defective or dislocated parts, and parts projecting from the vehicle. | A. (1) Seat is improperly or insecurely attached. Seat locking device does not function where applicable. (2) Engine mounting, frame, or brackets are cracked or broken. |
| B. Side and Center Stand. | B. (1) The side or center stand will not remain in the stored position. (2) The side or center stand is cracked, or broken, or apparent structural weakness is present, which would not support the motorcycle. (3) Side or center stand is held in the stored position by: (a) Wire; (b) Rubber band; (c) Other method which would not insure that the stand would remain secured in stored position. |
| C. Chain Adjustment. | C. Chain is not adjusted to manufacturer's specifications. If specifications are unavailable the following shall apply: “Rigid frame models”: minimum of 1/2 inch to maximum of 1 inch total up and down movement measured on the lower section of the chain midway between the sprockets. “Swing arm models”: minimum of 1/2 inch to maximum of 2 inches total up and down movement measured on the lower section of the chain midway between the sprockets. |
| | |
| D. Chain guard. Motorcycles, if originally equipped, shall be provided with a chain guard, or other suitable device, which is original or equivalent. | D. The chain guard, or other device, is missing (if originally equipped), broken, cracked, or is not the original or equivalent. |
| E. Fenders. Inspect to determine if the fenders are properly mounted and there are no cracks, broken areas, or sharp edges. Front fender is not required. | E. (1) Fenders are improperly mounted, cracked, or have sharp edges. (2) Rear fender is missing. |
**History**
- *Administrative History: Effective date: November, 1973*
- *Administrative History: Chapter revised effective December 14, 1979 (6:25 Md. R. 1981)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Authority: Transportation Article, §§12-104(b), 23-103, and 23-104, Annotated Code of Maryland*
##### **COMAR 11.14.03.14** Speedometer/Odometer. {#sec-11.14.03.14 omnilex-key=us-md-regs-official--title-11--11.14.03.14}
| Procedures: | Reject Vehicle If: |
| --- | --- |
| Visually inspect speedometer and odometer for operation and legibility. Speedometer shall register speed in miles or kilometers per hour and odometer shall register in miles or kilometers. | (1) Speedometer and/or odometer disconnected or inoperable. (2) Dial and calibrations not legible. (3) Speedometer does not register speed in miles or kilometers. (4) Odometer does not register in miles or kilometers. |
**History**
- *Administrative History: Effective date: November, 1973*
- *Administrative History: Chapter revised effective December 14, 1979 (6:25 Md. R. 1981)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Authority: Transportation Article, §§12-104(b), 23-103, and 23-104, Annotated Code of Maryland*
##### **COMAR 11.14.04.01** Applicability. {#sec-11.14.04.01 omnilex-key=us-md-regs-official--title-11--11.14.04.01}
The standards, requirements, and procedures set forth in this chapter are applicable to equipment originally installed by the manufacturer or required by federal or State requirement on trucks (over 10,000 pounds GVWR), multipurpose passenger vehicles having a chassis rating greater than 10,000 pounds, truck tractors, commercial buses, and type I school vehicles. Any questions regarding these standards or specifications shall be referred to the Automotive Safety Enforcement Division of the Maryland State Police. Any person constructing or reconstructing a vehicle shall assure the vehicle meets or exceeds all applicable federal and State safety standards.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.02** Steering, Alignment, and Suspension. {#sec-11.14.04.02 omnilex-key=us-md-regs-official--title-11--11.14.04.02}
A. Steering. Inspect the entire steering system including steering, wheel, steering column, lash, linkage, free play, and power steering for missing, loose, damaged, or worn parts.
(1) Steering Wheel. The steering wheel shall be inspected to determine whether it is circular (complete rim) and free of cracks, breaks, or objects which will interfere with the safe steering of the vehicle. The inspection will also be made to determine whether the steering wheel is original equipment or equivalent, including diameter.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Inspect for missing, broken, or altered rim. | (a) Steering wheel rim is broken, cut, or altered to the point that it is not continuous. |
| (b) Inspect for cracks or breaks which would interfere with safe steering. | (b) There are cracks or breaks large enough to grasp clothing, hand, or fingers (including horn ring). |
| (c) Inspect for objects which would interfere with safe steering. (d) Inspect for hand controls of vehicles equipped for physically disabled persons. | (c) There are objects attached which would interfere with safe steering (if vehicle is equipped with hand controls for physically disabled, special equipment is acceptable provided it is part of the manual controls including steering knobs). |
| (e) Inspect steering wheel for size and equivalency to original equipment. | (d) Controls are not readily accessible (within arm's length) or are binding, damaged, or jammed. |
| | (e) Steering wheel is not original or equivalent including size. |
(2) Energy Absorbing Steering Column. Some model vehicles may be equipped with an energy absorbing steering column. This special column was designed to absorb energy by controlling the collapsing of its components. It collapses under impact from wither end of the column—steering gear end or steering wheel end. To determine whether the components are capable of functioning as designed, a careful inspection shall be performed, and include any objects on the steering column. An external examination of either shear pins or collapsible mesh-type material shall also be performed.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Inside Passenger Compartment: (i) Inspect for separation of shear capsule from bracket and general looseness of wheel and column. (ii) Inspect for objects mounted on steering column which would prevent it from collapsing upon impact. | (a) (i) Shear capsule is separated from bracket, or if wheel and column can be moved as a unit. (ii) Objects (tachometer, etc.) mounted on steering column. |
| (b) Under Hood: Inspect for condition of shear pins and mesh-type collapsible portion. | (b) Column shows indication of having been collapsed. |
Figure 1—TYPICAL SHEAR CAPSULE LOCATION.
(3) Coupling. On heavier vehicles, there may be a flexible coupling in the steering column located just above the steering gear, usually known as “rag joint”, “pot joint”, or “U joint”.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Steering Column (Heavy Vehicles): Inspect flexible coupling in steering column (if equipped) for excessive misalignment and tightness of adjusting screw or nut. | (a) (i) Flexible coupling is badly misaligned. (ii) Clamp bolt (nut) is loose or missing. |
Figure 2—POT JOINTS, U-JOINT, RAG JOINT.
(4) Lash, Free Play, and Travel. Inspect the steering system to determine whether excessive wear or improper adjustment of the linkage or steering gear exists. The vehicle shall be on a dry surface. If equipped with power steering, the engine shall be running and the fluid level and belt tension shall be within manufacturer's recommendation. (See Figure 3)
| Procedures: | Reject Vehicle If: | |
| --- | --- | --- |
| (a) Lash or Free Play: With front wheels in straight ahead position, turn steering wheel until turning motion can be observed at front wheels. Measure lash. | (a) A total movement in excess of that shown in the following table is measured at the steering wheel rim before the front wheels move. | |
| (b) Travel: Turn steering wheel through a full right and left turn and feel for binding and jamming conditions (on vehicles without power steering it may be desirable to jack front wheels slightly). | *Steering Wheel Diameter up to* | *Lash* |
| 16 inches | 2 inches | |
| 18 inches | 2-1/4 inches | |
| 20 inches | 2-1/2 inches | |
| 22 inches | 2-3/4 inches | |
| | Roughness, jamming, binding, or any excessive play in the steering linkage is present when turning the wheels from full right to full left. | |
Figure 3—STEERING LASH OR FREE PLAY.
(5) Linkage. Linkage Play. Excessive free play causes wheel shimmy, erratic brake action and steering control problems. Make sure any looseness detected is not wheel bearing free play. Spring or Torsion Bar Height. Optimum front spring height is established as part of the overall design of front wheel alignment angles.
| Procedures: | Reject Vehicle If: | |
| --- | --- | --- |
| (a) Steering Linkage Play. | (a) Measurement is found to be in excess of: | |
| With the front end lifted properly, grasp front and rear of tire and attempt to turn assembly right and left—record movement at extreme front or rear sidewall of tire. | *Wheel Diameter up to* | *Lash* |
| 16 inches | 1/4 inch | |
| 17 inches | 3/8 inch | |
| 18 inches | 1/2 inch | |
| (b) Follow procedure under wheel bearings—suspension for correct lifting. If equipped with brakes on the steering axle, they should be applied during the inspection either by another person or by use of a portable brake depressor, to eliminate wheel bearing play. | (b) Tie rod or drag link balls and sockets have play in excess of 1/8 inch. (c) Joints are not secured with cotter pins or other locking devices. (d) Steering stops allow tire to rub frame, metal, or other chassis parts. | |
| (c) Visually inspect steering linkage for any gross misalignment of parts. | (e) Tie rods, tie rod ends, center or drag link, pitman arm, or idler arm are grossly misaligned. | |
| (d) Visually inspect steering box and mounting. | (f) Steering box is leaking or mounting is loose. | |
Figure 4.
(6) Power Steering.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Inspect power steering belts for proper condition and tension. | (a) Belts are frayed, loose, or cracked. |
| (b) With engine running inspect power steering system including gears, hoses, hose connections, cylinders, valves, pump and pump mounting for condition, rubbing, and leaking. | (b) Hoses or hose connections have been rubbed by moving parts or are leaking. (c) Cylinders, valves, or pump show evidence of leakage or malfunction. |
| (c) Inspect power steering reservoir fluid level. | (d) Pump mounting parts are loose, missing, or broken. |
| | (e) Fluid level is less than manufacturer's recommendations. |
| | (f) Power steering removed and not converted to full manual steering. |
B. Wheel Alignment. There are five basic factors which are the foundation to front wheel alignment: caster, camber, toe-in, steering axis inclination, and toe-out on turns. All are mechanically adjustable except steering axis inclination and toe-out on turns. Overall front wheel alignment can be somewhat grossly indicated by measurement of front wheel toe. Excessive toe-in or toe-out is a general indication that a complete check should be made of all front wheel alignment factors. Rear wheel misalignment on vehicles with fixed rear suspension can be caused by broken or damaged springs, trailing rods, or center bolts and improper toe or camber adjustment on vehicles with independent rear suspension. If during road test there are no undesirable steering or handling reactions, caster and camber check is not necessary.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Toe (In—Out): (a) With wheels held in a straight ahead position, drive vehicle slowly over the measuring device and record results. | (1) (a) Side slip or scuff exceeds 50 feet per mile. |
| (b) Measure dimensions A and B. | (b) Dimension is beyond inspection limits. |
Figure 5—TOE (IN-OUT)
(2) Caster. Caster is the forward or backward tilt, from vertical of the spindle support arm at the top. Improper caster can cause hard steering, low speed shimmy, wander, and brake pull problems.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Measure caster (caster can only be measured with gauges). | (a) There are adverse steering or handling reactions and the inspection limits are exceeded. |
Figure 6—CASTER ANGLES.
(3) Camber. Camber is the inward or outward tilt of the top of the wheel from vertical. Improper camber can cause erratic tire wear problems, hard steering, and wander.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Measure camber (camber can only be measured with gauges). | (a) There are adverse steering or handling reactions and the inspection limits are exceeded. |
Figure 7—CAMBER ANGLES.
(4) Rear Wheel Alignment. The wheelbase of a vehicle with tandem rear axles is determined by measuring from the center of the front wheel to the midpoint between the tandem axles. When measuring for tracking, the dimensions shall be taken between rear wheel centers. (See Figure 8 or 9)
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Rear Wheel Alignment: Observe whether rear wheels follow front wheel tracks in “straight ahead” travel. (b) Alternate Method: | (a) Rear wheel does not follow the front wheel track in “straight ahead” travel or if frame is bent, broken, or rusted to affect tracking. |
| (i) With vehicle on a level surface, adjust tracking gauge to the distance between the front and rear wheels of vehicle on one side and compare distance with the front and rear wheels on the opposite side. (Front wheels shall be in a straight ahead position.) | WARNING Do not reject if vehicle is designed with different tread widths—front and rear. |
| (ii) Using a tape measure, determine the distance between the center of the front wheel spindle and the center of the rear axle drive shaft and compare from side to side (front wheels shall be in a straight ahead position). | (b) The wheel base on one side is different from the wheel base on the other side by more than 1 inch. (c) Rear axle is obviously misaligned. |
***Agency Note:***
*Not applicable if vehicle specifications indicate different left and right wheel base dimensions.*
Figure 8—REAR WHEEL ALIGNMENT-TANDEM BUSES.
Figure 9—TRUCK WHEEL BASE.
Figure 10 — TYPICAL BALL JOINT.
Figure 11 — PRE LOADED BALL JOINT.
Figure 12 — WEAR INDICATING BALL JOINT.
C. Suspension. Inspect the suspension system for missing, broken, damaged, worn, rusted, or modified wheel bearings, ball joints, control arms, springs, torsion bars, or frame that would affect vehicle stability.
(1) Ball Joints. In checking for motion of ball joints, check in accordance with manufacturer's specifications, keeping in mind that the load carrying joint is unloaded in procedures(a) and (b), below, and that a pry bar pressure sufficient only to lift the weight of the wheel assembly is required. If the inspector uses the leverage of a pry bar to exert excessive pressure, he can easily force an apparent ball joint movement and get a false reading. This may result in expensive replacement of perfectly good joints. Therefore, only a 12- to 18-inch pry bar should be used.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Ball Joint Wear (without wear indicators). (i) With the vehicle properly jacked, position a pry bar under the front tire and, with a lifting motion only sufficient to overcome the weight of the wheel assembly, move wheel up and down and observe movement shown on dial indicator or ball or joint checker (see Fig. 13). (ii) Grasp the tire and wheel assembly at the top and bottom. Move in and out to detect looseness (more horizontal movement is permitted because of the nature of most ball joint construction). Some manufacturers do not accept horizontal movement as being indicative of ball joint wear. If this measurement is required it shall be made at the sidewall of the tire. | (a) (i) Ball joint movement is in excess of manufacturer's specifications. (ii) Ball joint is equipped with tightener repair kit. Control bushings are not to be considered repair kits or tighteners. Refer to §C(1)(b) for procedures to check control bushing-type ball joints. (iii) Ball joint has been repaired by heating or bending the socket assembly to eliminate movement. (See Figure 10) |
| (b) Ball Joint Wear (preloaded). Using the same method as in §C(1)(a)(i) and (ii) inspect for ball joint movement relative to its socket. These ball joints (marked “**” in specifications) are preloaded by rubber or springs under tension, and should have very little movement in a vertical direction. | (b) Ball joint movement is in excess of manufacturer's specifications. (See Figure 11) |
(2) Ball Joint (wear-indicating). Some manufacturers provide a wear-indicating ball joint to facilitate inspection in which case a visual inspection is made with joints loaded.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Ball Joint Wear (wear-indicating): In vehicles with wear-indicating ball joints, support vehicle with ball joints loaded, wheels on the ground. Wipe grease fitting and checking surface free of dirt and grease; determine whether checking surface extends beyond the surface of the ball joint cover. | (a) Manufacturer's specifications for replacement are exceeded. (b) Ball joint is equipped with a tightener or repair kit. (c) Ball joint has been repaired by heating or bending the socket assembly to eliminate movement. (See Figure 12) |
| (b) Wear is indicated by the protrusion of the 1/2 inch diameter boss (exaggerated for illustration),into which the grease fitting is threaded. This round boss projects .050 inch beyond the surface of the ball joint cover on a new, unworn joint. | |
Figure 13—BALL JOINT JACKING PROCEDURE.
(3) Ball Joints (nonload carrying). Inspection of nonload carrying ball joints shall also be performed with the joints unloaded. With the vehicle properly jacked, inspect for any noticeable looseness.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Ball Joint Wear (nonload carrying): Using the same method as in §C(1) inspect for ball joint movement relative to its socket. | (a) Any noticeable looseness is detected in a nonload carrying ball joint. (b) Manufacturer's specifications are exceeded. (c) Ball joint is equipped with a tightener or repair kit. |
| | (d) Ball joint has been repaired by heating or bending the socket assembly to eliminate movement. |
(4) King Pin or Spindle Bolts. Inspection of king pins or spindle bolts shall be made to determine whether there are any missing, broken, or worn parts that may affect the steering or suspension of the vehicle.
| Procedures: | Reject Vehicle If: | |
| --- | --- | --- |
| Hoist the vehicle under the axle or control arm and grasp the top and bottom of the tire and attempt to move the assembly in and out. Record measurement at the sidewall of the tire. | Measurement at sidewall of tire is found to be in excess of: | |
| | *Wheel Diameter up to* | *Play* |
| 16 inches | 1/8 inch | |
| 17—18 inches | 1/4 inch | |
| 18 inches or more | 3/8 inch | |
Figure 14.
(5) Wheel Bearings. Wheel bearings out of adjustment can cause wander, unequal brake action, and noise due to interference of parts.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Wheel Bearings and Suspension: With the vehicle lifted properly (if equipped with ball joints, they must be loaded), grasp the front tire top and bottom and rock it in and out, and record movement. To verify that any looseness detected is in the wheel bearing, notice the movement between the brake drum or disc and the backing plate or splash shield. (b) Spring or torsion bar on lower arm, hoist at frame (see Figure 13). | (a) Suspension play measurement at the sidewall of the tire is found to be in excess of: |
| *Wheel Diameter up to* 16 inches 17—18 inches 18 inches or more | *Play* 1/4 inch 3/8 inch 1/2 inch |
| (c) Spring or torsion bar on upper arm, hoist at lower arm close to ball joint (see Figure 13). | (b) Wheel bearings are loose, rough, galled, or otherwise defective. |
(6) Springs and Torsion Bars.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Springs and Torsion Bars: With unloaded vehicle on a level surface, visually inspect the heights of the four corners of the vehicle. If necessary, use a measuring device and determine differences from side to side. Visually inspect for broken spring leaves or torsion bar damage. Inspect spring shackles, bushings and U-bolts. Visually inspect for presence and conditions of lift kits, blocks, or modification to suspension system and components. | (a) (i) Any spring, main, or torque leaf is broken. (ii) Any spring with more than four leaves has two or more leaves broken. (iii) Any spring with four or less leaves has a broken leaf. (iv) Any torsion bar is broken. (v) Any spring center bolt is broken. (vi) More than two spacers are installed in coil springs or are loose. (vii) Shackles or U-bolts are missing, broken, worn, loose, or extended causing gross misalignment of steering linkage or drive line angles. |
| (b) Hitches or Coupling Devices: Inspect fifth wheels on truck tractors for proper alignment, distortion, deformation, cracks, or missing parts. | (viii) Any object or equipment extends below the bottom edge of a wheel rim. (ix) Frame is rusted, broken, or damaged to affect the suspension, or the frame has been repaired and not fishplated, or the body is not securely attached to the frame. (x) Multiple blocks are used as a means of raising the vehicle. (xi) There is any evidence of looseness of any lift kit or suspension component. (xii) Lift kit does not provide a means of aligning the spring center bolt, spring and axle or axle housing. (xiii) U-bolts are not of sufficient length to protrude at least 1/4 inch beyond nut when tightened. |
| | (b) (i) Fifth wheel is distorted or cracked or is not properly aligned. (ii) Mounting bolts or rivets are missing, cracked, or broken. (iii) Fifth wheel is not properly or securely mounted. (iv) Mounting holes for bolts or rivets which mount the fifth wheel have become elongated. |
(7) Air Suspension. Some school buses, commercial buses, trucks, and truck tractors may be equipped with air suspension systems. Inspection of the system consists of checking for air leaks, proper height and ride level. CAUTION: The inspector should not use a creeper under the vehicle unless the vehicle is properly jacked and supported.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) With entire system drained of air, and while observing brake air pressure gauge, determine pressure at which air begins to lift the vehicle. Pressure regulator valve should not allow air into the suspension system until at least 55 psi is in braking system. | (a) Air begins to lift the vehicle before 55 psi is indicated on pressure gauge. |
| (b) With air in system at normal operating pressure, inspect hoses, connections, and bellows for leaks and excessive deterioration (open air-operated doors and apply service brakes fully). | (b) Air leakage rate is greater than 3 psi in 5 minutes. |
| (c) With air at normal operating pressure, observe height and level of vehicle relative to ground surface (this will indicate function of pressure regulator and height control valves). | (c) Vehicle is resting on one or both axles or if the vehicle is not level (is listing to right or left). |
(8) Air Suspension. Retractable Axle (not applicable to school vehicles). Some large vehicles may be equipped with retractable axles. If the axle is the type having independent suspension, the toe shall be checked the same as for the front suspension systems (see Figure 5).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) On vehicles equipped with retractable axle(s), with air in the system at normal operating pressure, activate the axle lift control switch to wheels up and wheels down positions. | (a) Axle fails to respond properly to the axle lift control switch. |
| (b) If retractable axle has independent suspension, inspect for toe. | (b) Toe (in or out) is not reasonably close to zero (±/1/16 inch). |
| (c) If retractable axle has independent suspension, with system activated and wheels down, inspect for ball joint wear as follows: (i) Mark ball joints (upper and lower) with center punch as indicated in Figure 15, measure and record distance between punch marks. (ii) Upper Ball Joint. Carefully place jack under axle so that jack screw extends through lower control arm, and raise upper control arm until wheel is clear of floor. Measure distance between punch marks. (iii) Lower Ball Joint. Carefully place jack on top of lower control arm near ball joint and extend jack ram to underside of upper control arm—apply force until lower ball joint is fully compressed. Measure distance between punch marks. | (c) Second measurement between punch marks on either ball joint exceeds first measurement by more than 3/32 inch. |
Figure 15—CHECKING BALL JOINTS FOR WEAR.
(9) Shock Absorbers (if equipped).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) With vehicle on a level surface, push down on each corner of the vehicle and release. (b) With vehicle on a hoist or jacked, visually inspect for missing, broken, loose, or damaged shock absorbers, mounting brackets, bolts or bushings, and excessive leakage. | (a) Vehicle continues free rocking motion for two cycles after release, or shock absorbers are worn, damaged, or leaking to the extent vehicle stability is affected. (b) Shock absorbers, mounting bolts, bushings, or mounts are missing, broken, or loose. |
| | (c) Severe leakage (not slight dampness) is present. (d) Any bushing is missing any portion of the bushing or is damaged, deteriorated, or dry rotted to a point that the bushing is broken or loose. |
(10) Lift Axle Air Pressure System. The lift axle shall have a certified air pressure to ensure the minimum load of 12,000 pounds for an evenly loaded vehicle with a gross vehicle weight of 70,000 pounds.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) The lift axle shall be designed so that when in the down position the axle can only be fully engaged. Check for proper operation. | (a) The lift axle can be fully engaged and the axle is not in the down position. |
| (b) An air pressure adjustment control may not be located in the cab of the vehicle. | (b) The air pressure adjustment control is located in the cab of the vehicle. |
| (c) A standard automotive air pressure valve for the lift axle shall: (i) Be supplied on each vehicle that uses a lift axle; (ii) Have an external valve stem; (iii) Be located on the outside of the passenger side of the vehicle toward the rear of the cab, and shall be inspected for proper location; (iv) Be readily accessible and visible to enforcement personnel. | (c) The standard automotive air pressure valve: (i) Is not supplied or is not in the proper location; (ii) Does not have an external valve stem; (iii) Is not located on the outside of the passenger side of the vehicle toward the rear of the cab; (iv) Is not readily accessible and visible to enforcement personnel. |
| (d) Measure pounds per square inch (PSI) of air pressure on the lift axle using a standard automotive air pressure gauge and compare the PSI reading with the air pressure on the certification. | (d) The air pressure on the lift axle does not measure equal to, or greater than, the PSI for 12,000 pounds axle load appearing on the manufacturer's certification. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.03** Brakes. {#sec-11.14.04.03 omnilex-key=us-md-regs-official--title-11--11.14.04.03}
A. Brake Inspection—Heavy Vehicles. Certain items of special interest shall be considered by the inspector when evaluating the braking on large, heavily loaded vehicles.
B. Safety. The vehicle or combination of vehicles may weigh many tons and too much stress cannot be put upon the safety of the inspector and others when testing the stopping ability of the vehicles. These tests shall be conducted with extreme care in order to prevent possible skidding, jackknifing, load shifting, and overturning. In particular, extreme care shall be used in testing liquid cargo-carrying vehicles under partially loaded conditions because of the sudden surging of the cargo.
C. Practicality.
(1) A thorough brake inspection includes the inspection of the inside of the brake assembly. The removal of wheel hubs and drums from large commercial vehicles is difficult because of size and weight problems and extreme care shall be taken to assure they are properly returned to the axle.
(2) A thorough examination of the hydraulic, vacuum, or air systems will normally give a fair idea of general condition of the braking system, especially when augmented by a practical performance demonstration.
D. Service Brake Performance Tests.
(1) Road. Simple tests and visual procedures. Service brake tests shall be conducted on a substantially level, dry, hard, smooth surface road or area that is free from loose material, oil, or grease. Using the service brake only, the stopping ability of the vehicle shall be tested by one of the following methods:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Service Brake Test: Method (1)—On Road: At a speed of 20 mph apply service brakes firmly. Observe whether the vehicle comes to a smooth stop. | (a) Required stopping distance is greater than that contained in brake performance chart. |
| (b) Service Brake Test: Method (2)— On Road: Mount an approved decelerometer at centerline of vehicle. Level the decelerometer. At the speed of 20 mph, apply service brake firmly. Observe decelerometer reading. Determine whether vehicle pulls to the right or left. | (b) The vehicle develops less deceleration than that contained in the brake performance chart. (c) Vehicle pulls severely to the right or left upon brake application. |
(2) Platform Test. Before attempting inspection by this method, the inspector should be trained and experienced in the use of the equipment and the equipment must have adequate capacity.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Method (3)—Platform Tester: Drive vehicle onto drive-on-and-stop platform tester. Apply brakes firmly at a speed from 4 to 8 mph without wheel lockup. All braking action shall take place on the platform. | (a) Required stopping distance is greater than that contained in brake performance chart. |
| (b) This equipment may be used to inspect the relative effectiveness of each wheel. There shall be braking action on all wheels and the action on any one wheel shall be 75 percent or more of the action of the other wheel on the same axle. | (b) Any wheel fails to indicate braking action. If the reading on any one wheel is less than 75 percent of the reading on the other wheel on the same axle. |
(3) Dynamic Brake Inspection. This test is for stations equipped with a roller-type brake dynamometer. The rollers should be dry, smooth and free of oil or grease. The equipment indicates both braking effort and imbalance. Brakes on front and rear axles are evaluated separately.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Method (4)—Roller-Type Brake Dynamometer (Force Measuring Type): (i) Adjust tire to proper inflation. (ii) Position vehicle on dynamometer rolls and begin test. (iii) Follow equipment manufacturer's recommended testing procedures. | (a) Readings are less than requirements on brake performance chart. (b) Any wheel fails to indicate braking action. If the reading on any one wheel is less than 75 percent of the reading on other wheel on the same axle. |
E. Hydraulic System.
(1) Tests and visual inspection procedures. Recommended for inspection programs which must accommodate a large volume of vehicles. Results will indicate whether a vehicle has reasonably safe brakes at the time of inspection. The engine shall be running when vehicles are checked with power assisted hydraulic systems. These procedures are applicable to vehicles equipped with hand controls for the physically handicapped.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Hydraulic System Leakage Test: While the vehicle is stopped, depress brake pedal under moderate foot force. The pedal height shall remain constant for 1 minute. | (a) Brake pedal height cannot be maintained for 1 minute. (b) (i) Less than 1/3 of the total available pedal travel remains. |
| (b) Pedal Reserve Test: (i) While the vehicle is stopped, depress brake pedal under moderate foot force. (ii) On vacuum assisted hydraulic systems with master cylinder booster, pedal travel has no significance. Do not inspect this item. | (c) Air power assist push rod moves slowly toward master cylinder while air pressure is maintained for 1 minute. |
| (c) Hydraulic system with air power assist test for leakage. Apply 2-3 psi air pressure and maintain for 1 minute. | |
(2) At least one wheel and drum assembly shall be removed from each axle equipped with brakes. On disc brakes only wheel assembly removal is necessary. Any wheel or drum assembly removal shall be on alternate sides. Always inspect a brake assembly which shows evidence of leaking fluid or grease. Do not remove hydraulic wheel cylinder dust boots for inspection. Leakage can be determined by pushing on the outside of the boot.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Hydraulic System—Visually inspect condition of hydraulic system. (i) Inspect wheel cylinders for leakage and operation. Do not remove dust covers. | (a) (i) Wheel cylinders leak. |
| (ii) Inspect hydraulic hoses and brake lines for leaks, cracks, chafing, flattened or restricted section, and improper support. | (ii) Hoses, brake lines are cracked, chafed, flattened, restricted, are rusted and pitting is visible, are insecurely fastened, or lines have been repaired or replaced with copper tubing or other material not designed for hydraulic brake lines. Hoses or brake lines are mounted to contact wheels or body during steering or suspension movement. |
| (iii) Inspect master cylinder for leakage and fluid level (be sure no dirt gets into reservoir when cover is removed and that the gasket is serviceable). | (iii) Master cylinder leaks. (iv) The fluid level in any section is less than 1/2 full. (v) The gasket does not properly seal master cylinder. (vi) Wheel cylinders fail to operate. |
| (b) Dual Hydraulic Circuits—In addition to the above, if vehicle is equipped with a brake warning light: (i) Test for operation of light; (ii) With ignition switch on, apply moderate foot force, and observe light; (iii) Inspect both sections of reservoir. | (b) (i) Light is burned out. (ii) Light comes on when brake pedal is depressed. (iii) The fluid level in any section is less than 1/2 full. |
| | (c) (i) Brakes fail to function when applied. (ii) Brakes do not remain applied until released. |
F. Drums and Discs.
(1) Some vehicles have a combination of disc (caliper) type brakes on the front wheels and drum-type brakes on the rear wheels.
(2) On vehicles equipped with disc brakes, some drag can be felt when turning the wheel and tire. This drag is not excessive if the wheel can be turned readily with both hands.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Brake Drums: (i) Inspect the condition of the drum friction surface for any crack extending to the open edge of the drum (short hairline cracks should not be considered). (ii) Inspect any crack on the outside of the drum. (iii) Inspect for mechanical damage. (iv) Inspect for contaminated friction surface. (v) Measure inside diameter of drum. | (a) (i) There is a crack on the friction surface extending to the open edge of the drum. (ii) There is any external crack. (iii) There is evidence of excessive mechanical damage other than wear. (iv) Friction surface is contaminated with oil, grease, or brake fluid. (v) Inside drum diameter is greater than manufacturer's recommended limit, or the diameter stamped on the drum. |
| (b) Brake Discs (if equipped): (i) Inspect for any crack extending to edge of disc. (ii) Inspect for mechanical damage. (iii) Inspect for contaminated friction surface. | (b) (i) There is any crack extending to the edge of the disc. (ii) If a crack extends into the weld or more than one-half the outside diameter of a BF Goodrich steel disc. (iii) There is evidence of excessive mechanical damage other than wear. (iv) Friction surface is contaminated with oil, grease, or brake fluid. (v) Thickness of disc is less than manufacturer's recommended limit or the thickness stamped on the disc. |
G. Brake Linings and Pads.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Condition of Linings and Pads: (a) Bonded Linings: Measure the lining thickness at the thinnest point. | (1) (a) Thinnest point of remaining bonded lining is less than 2/32 inch. |
| (b) Riveted Linings: (i) Inspect for loose or missing rivets. (ii) Measure lining thickness above rivet head at thinnest point. | (b) Riveted Linings: (i) Any rivet is loose or missing. (ii) Remaining lining is less than 2/32 inch above any rivet head. |
| (c) Wire-Backed Linings: Inspect for wire showing in the friction surface. | (c) Wire backing is visible in the friction surface. |
| (d) Bolted Linings (for buses and heavy vehicles): (i) Inspect for loose or missing bolts. (ii) Measure lining thickness at center of shoe. | (d) Bolted Linings (for buses and heavy vehicles): (i) Any fastening parts are loose or missing. (ii) Remaining lining is less than 5/16 inch at center of shoe. |
| (e) All linings: Inspect for broken or cracked linings, and parts of linings not firmly attached to shoe. Also inspect for contamination and excessively uneven lining wear. | (e)(i) Lining is broken, cracked, or not firmly and completely attached to shoe. (ii) Friction surface is contaminated with oil or grease. (iii) Lining wear is extremely uneven. |
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (f) Pads (Disc Brakes): Inspect thickness of friction pads. Many newer disc brake friction pads for vehicles in excess of 10,000 pounds GVWR are manufactured with a heat dissipater which is, in most instances, approximately 7/32 of an inch thick between the friction pad and the metal pad plate. These dissipaters, if allowed to contact the rotor, will cause damage to the rotor. Therefore, when measuring disc brake friction pad thickness, it must first be determined if the braking system being inspected is equipped with these heat dissipators. If heat dissipators are present, the brake friction pad thickness shall be measured so that no portion of the heat dissipator is included in the measurement. If no heat dissipators are present, the brake friction pad thickness will be measured in the normal manner to the metal pad plate or rivets. | (f)(i) Any pad is less than 2/32 inch. (ii) Any pad on BF Goodrich Air Actuated Disc Brakes has 1/8 inch or less lining remaining. |
H. Mechanical Linkage. Includes the parking brake and manual brake controls on vehicles equipped for physically handicapped persons.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Condition of Mechanical Components: | (1) |
| (a) Inspect for worn pins and missing or defective cotter pins. | (a) Mechanical parts are missing, broken, or badly worn. |
| (b) Inspect for broken, missing or worn springs, cables, clevises, couplings, rods, and anchor pins. | (b) Grease retainers are leaking (dampness is not cause for rejection). |
| (c) Inspect for frozen, rusted, or inoperative connections, missing spring clips, and defective grease retainers. | (c) There is excessive friction in pedal and linkage or in brake components. |
| (d) Inspect pedal shaft and bearings for high friction, wear, and misalignment. | (d) Pedal levers are improperly positioned or misaligned. |
| (e) Inspect for restriction of shoe movement at backing plate and for binding between brake shoes and anchor pins. | (e) Conversion of a self-adjusting mechanism that is not completely converted. |
I. Vacuum System.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Condition of Vacuum Booster System: Visually inspect system for collapsed, broken, badly chafed, and improperly supported hoses and tubing, and loose or broken hose. clamps. | (1) (a) Hoses and tubing are leaking, collapsed, broken, badly chafed, improperly supported, or loose because of broken clamps. ( b) Hose or tubing is in good condition but exposed to danger from excessive heat, flying debris or rubbing. |
| (2) Operation of Vacuum Booster System: (a) Determine whether system is operating by first stopping engine, then depress brake pedal several times to deplete all vacuum in system. (b) Then depress pedal with a light force. While maintaining this force on the pedal, start engine, and observe whether pedal moves slightly when engine starts. | (2) Service brake pedal does not move slightly when engine is started while pressure is maintained on pedal. |
| (3) Vacuum Reserve and Low Vacuum Indicators: (a) Build full vacuum, then shut off engine and make as many full brake applications as possible. (b) On vehicles with low vacuum indicator, build full vacuum, then shut off engine and reduce vacuum by making a series of moderate brake applications. A visible or audible signal should function when vacuum reaches 8 inches Hg on gauge. | (3) (a) Vacuum reserve is insufficient to make one full application after engine shutoff. (b) Indicator fails to function when the system is reduced to 8 inches Hg vacuum. |
J. Air System—Function: Compressor—Low Indicator—Governor.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) With air system fully charged, open all drain cocks in the system until gauge indicates zero pressure. | (1) Time required to build pressure from 50—90 psi at fast idle exceeds: (a) Single unit vehicle and school vehicle—3 minutes; or (b) Combination vehicle—5 minutes. |
| (2) Then close drain cocks and run engine at fast idle; record time to raise air pressure from 50—90 psi on gauge. | (2) Low pressure warning fails to function when pressure is lowered to 60 psi. |
| (3) Observe gauge pressure at which signal on low pressure indicator goes out or off. | (3) Governor cut-out pressure is higher than 135 psi. |
| (4) Continue running engine and observe gauge pressure when governor cuts out. | (4) Governor cut-in pressure is lower than 80 psi. |
| (5) With engine idling, make a series of brake applications and observe pressure when governor cuts in. | |
K. Air Leakage and Reserve. It may be desirable to install in the system an air gauge (0—150 psi) which has 5 or 10 psi increments, so that small changes in pressure can be more easily observed.
| Procedures: | Reject Vehicle If: | |
| --- | --- | --- |
| (1) Air Leakage in System: Inspection for air leakage shall be made in two ways: | (1) Leakage exceeds the following limits: | |
| *Brakes Fully Applied* | *Brakes Released* | |
| (a) With a fully charged system, stop engine and record the pressure drop in psi per minute with brakes fully applied. (b) With a fully charged system, stop engine and record the pressure drop in psi per minute with brakes released. | Single unit school vehicles—3 psi per minute. Combination vehicles—4 psi per minute. | Single unit vehicles and school vehicles—2 psi per minute. Combination vehicles—3 psi per minute. |
| (2) Compressed Air Reserve: (a) Make a series of brake applications until low pressure warning signal operates. Stop engine and make one full brake application. (b) With a fully charged system, stop engine and make one full brake application. Measure drop in reservoir pressure. | (2) (a) Air reserve is not sufficient to permit one full brake application after engine is stopped. (b) Reservoir pressure is lowered more than 20 percent of the first reading. | |
| (3) General Condition: (a) Inspect all air hoses, tubes, and connections. Check attachments of all connecting lines and look for proper supporting parts. Be sure lines are free from contact with frame, axles, exhaust system, or other lines. (b) Inspect for leaks that may be heard from valves, diaphragms, piston cups, and connections. (c) Inspect air pressure relief valve, tension and condition of compressor drive belts. Check air intake cleaner for being clogged or restricted. | (3) (a) There are leaks, breaks, crimps, or cracks in the air hoses, tubes, or connections. (b) Lines are being chafed by moving parts, or are touching the exhaust system. (c) Leaks in valves, diaphragms, piston cups, or connections can be heard. (d) Air pressure relief valve does not operate. (e) Compressor drive belts are badly worn, frayed, or loose. (f) Air intake cleaner is clogged or restricted enough to prevent proper air intake. | |
L. Air Brakes—Parking and Emergency Systems. Commercial buses and some trucks may be equipped with hand-operated controls for parking and emergency air brake systems.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Air Brake Parking and Emergency Systems: (a) With air pressure in the braking system at operational level, set parking brake control and observe functioning of parking and emergency braking at wheels. | (1) (a) System fails to function properly. (b) Vehicle can be moved with zero air pressure in system. |
| (b) Drain air from the system and observe whether parking and emergency brakes remain in an applied position (with no air pressure in the system, vehicle should remain “braked”). | |
M. Actuator Reserve.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Actuator Reserve Test: (a) On air or vacuum mechanical brakes, measure the stroke of the air or vacuum chambers from fully released to fully applied position. (b) On air-over-hydraulic brake systems, measure air chamber travel from fully released to fully applied position (some systems include a rod gauge for visual checking). | (1) (a) The push rod travel on S-Cam Brakes exceeds the maximum stroke listed in S-Cam Brakes—Push Rod Travel Limits Chart. (i) Push rod travel on BF Goodrich Air Actuated Disc Brakes exceeds manufacturer's specification. |
| (2) Push Rod/Slack Adjuster Angle: Measure push rod/slack adjuster angle with brakes applied. | (2) Push rod/slack adjuster angle is less than 90 degrees with brakes applied. |
| (3) Wedge Brakes Shoe Movement: Measure total shoe movement from released to applied positions. | (3) Brake shoe movement on wedge brakes exceeds 1/16 inch. |
Figure 16—BRAKE CHAMBER PUSH ROD TRAVEL (TYPICAL).
N. Emergency Brakes. To avoid confusion between emergency and parking brake systems, refer to definitions (see §T). On vehicles equipped with spring-type emergency brake systems, manual operation of the control valve will also provide an effective parking brake system.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Emergency System—Function: (a) Fully apply the emergency operating control, or release air pressure from the spring brake actuator using the manual control valve. Then: (i) Observe locking and holding feature of the actuating mechanism. (ii) Observe operating mechanism for "bottoming" before brakes are fully applied. (iii) Observe if spring brakes apply when control valve is manually operated. (iv) Inspect for worn, missing, or defective cotter pins, springs, rods, yokes, couplings, or anchor pins and cables. (v) Observe if mechanism releases brakes when release control is operated. | (1) (a) (i) Operating mechanism fails to hold brakes in applied position without manual effort. (ii) Operating mechanism "bottoms" before brakes are fully applied. (iii) Spring brakes fail to apply when control valve is operated. (iv) Mechanical parts are missing, broken, or badly worn, or pull cables are badly worn, stretched, frayed, or not operating freely. (v) Brakes do not fully release when release control is operated. |
| (2) Emergency System—Performance: (a) Method. At a speed of 10 mph apply emergency brake firmly. Vehicle must come to a stop within a reasonable distance. (b) Method. Mount and level an approved decelerometer at centerline of vehicle. At a speed of 20 mph, apply emergency brake firmly. Observe decelerometer reading. | (2) (a) The vehicle fails to stop within a reasonable distance after emergency brake application. (b) A decelerometer reading of at least 6 feet per second per second cannot be obtained. |
O. Parking Brakes. An emergency brake can also serve as a parking brake but a parking brake is not adequate to serve as an emergency brake. Most large vehicles with hydraulic brake systems and some large vehicles with air brake systems will have a parking brake located on the propeller (drive) shaft. This type of parking brake is usually open and easily inspected.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Set the parking brake firmly to determine the reserve travel of the hand lever or foot pedal. | (1) (a) There is less than 1/3 pedal or lever reserve remaining. (b) Brake fails to hold the vehicle on any grade on which it is operated. |
| (2) Inspect the band or disc-type parking brake on the propeller (drive) shaft for the presence of oil or grease, condition of lining and adjustment. | (2) (a) There is oil or grease on the drum, disc, or lining. (b) The lining is worn through to the steel band or shoe. (c) The lining fails to make proper contact with the drum or disc when brake is applied. |
| (3) Spring-type parking air brake system—inspect only for setting and release, not for travel reserve of the hand lever or foot pedal. | (3) Spring-type parking air brake system fails to set or release. |
P. Brake Performance Chart. As of July 1, 1972, all vehicles subject to the regulations of the Bureau of Motor Carrier Safety are subject to the stopping requirements in this Brake Performance Chart except the column pertaining to Emergency Brake System, which are effective on vehicles manufactured after July 1, 1973.
| | Service Brake Systems | Emergency Brake Systems | | |
| --- | --- | --- | --- | --- |
| I | II | III | IV | V |
| | Braking force as a percentage of gross vehicle or combination weight | Deceleration in feet per second per second | Application and braking distance in feet from initial speed of 20 mph | Application and braking distance in feet from initial speed of 20 mph |
| (1) Passenger-carrying vehicles | | | | |
| (a) Vehicles with a seating capacity of 10 persons or less, including driver, and built on a passenger car chassis. | 65.2 | 21 | 20 | 54 |
| (b) Vehicles with a seating capacity of more than 10 persons, including driver, and built on a passenger car chassis; vehicles built on a truck or bus chassis and having a manufacturer's GVWR of 10,000 pounds or less. | 52.8 | 17 | 25 | 66 |
| (c) All other passenger-carrying vehicles (including motorcycles). | 43.5 | 14 | 35 | 85 |
| (2) Property-carrying vehicles. | | | | |
| (a) Single unit vehicles having a manufacturer's GVWR of 10,000 pounds or less. | 52.8 | 17 | 25 | 66 |
| (b) Single unit vehicles having a manufacturer's GVWR of more than 10,000 pounds except truck tractors. Combinations of a 2-axle towing vehicle and trailer having a GVWR of 3,000 pounds or less. All combinations of 2 or less vehicles in drive-away or tow-away operation. | 43.4 | 14 | 35 | 85 |
| (c) All other property-carrying vehicles and combinations of property-carrying vehicles. | 43.5 | 14 | 40 | 90 |
(1) This deceleration as measured in brake tests cannot be used to compute the values in Column 4 because it is not sustained at the same rate over the entire period of the stop. The deceleration increases from zero to a maximum during a period of brake system application and brake force build-up. Also, other factors may cause the deceleration to decrease after reaching a maximum. The added distance which results because of a maximum deceleration is not sustained is included in the figures in Column 4 but is not indicated by usual brake testing devices for checking deceleration.
(2) There is a definite mathematical relationship between the figures in Columns 2 and 3. If the decelerations set forth in Column 3 are divided by 32.2 feet per second per second, the Column 2 figures will be obtained (for example, 17 divided by 32.2 gives 52.8 percent). Column 2 is included in the tabulation because certain brake testing devices utilize this factor.
(3) The decelerations as in Column 3 are an indication of the effectiveness of the basic brakes, and as measured in practical brake testing are the maximum braking decelerations attained at sometime during the stop.
(4) The distances in Column 4 and the decelerations in Column 3 are not directly related. Brake system “application and braking distance in feet” (Column 4) is a definite measure of the overall effectiveness of the braking system, being the distance traveled between the point at which the driver starts to move the braking controls and the point at which the vehicle comes to rest. It includes distance traveled while the brakes are being applied and the distance traveled while the brakes are retarding the vehicle.
(5) The distance traveled during the period of brake system application and brake force buildup varies with vehicle type, being negligible for many passenger cars and greatest for combinations of commercial vehicles. This fact accounts for the variation from 20 to 40 feet in the numerical values in Column 4 for the various classes of vehicles.
(6) The deceleration requirement in Column 3 is the same for all classifications of vehicles except for passenger vehicles, not including buses, because brakes on vehicles in the second, third and fourth classifications are all capable with reasonable maintenance of producing the designated deceleration as measured by brake testing devices. A higher deceleration requirement is warranted for passenger cars in view of United States Department of Transportation/Federal Highway Administration test data.
Q. Decelerometers.
(1) The method of brake system application and braking distance is not to be confused with the distance indicated by the inertia-type decelerometer and other existing brake testers, which often are purported wrongly to measure the vehicle stopping distance.
(2) The pendulum and U-tube decelerometers used for brake testing are instruments scaled to read deceleration or equivalent braking force (sometimes referred to as brake efficiency) in percentages. The principle of the pendulum-type decelerometer is that a pendulum on a vehicle moving at a uniform speed will assume a vertical position. When the vehicle speed is reduced by application of the brakes, the pendulum will swing forward to an angle away from the vertical. The tangent of the angle through which the pendulum moves is directly proportional to the deceleration. Basically, the U-tube fluid-type instrument is a closed glass tube formed in the shape of a U. When vehicle speed is reduced by braking, the inertia of the fluid causes the level in the glass tube to fall. The distance the level of the liquid falls is proportional to the deceleration in feet per second per second, which is read from a scale on the front part of the glass tube.
(3) The vehicle will normally pitch because the lines of action of the inertia and braking forces are different. In order to minimize erroneous responses, the decelerometer, if used, should be put as close to the center of the vehicle as practical.
R. Brake Testing Machines.
(1) These types of brake testers measure braking force at each wheel. The effectiveness of the brake testers that measure braking force in the testing of vehicles other than passenger vehicles or light trucks is very questionable.
(2) The dimensions of these brake testers do not permit practical and reliable testing on combination vehicles. Use should therefore be restricted to two-axle vehicles. The simulated road surface of surface of these machines will occasionally exhibit much higher coefficients of friction than is possible on the highway. Excessive braking should therefore be avoided, be avoided, because braking distribution information is distorted.
(3) For drive-on-and-stop test machines, the vehicle is driven on the pads at speeds of 4 to 8 mph. When the brakes are applied at the time the vehicle is moving on the pads, the braking effort at each wheel causes a proportionate movement of the pad against the measuring system. The braking force on the pads is measured by indicating or recording instruments.
(4) The roller-type brake testing machine has powered rollers that turn the individual wheels while the brakes are applied in order to measure the brake force developed.
S. Test Wheel Equipment. Any type of fifth or test wheel equipment can be used, if it obtains the following results:
(1) It measures the distance within plus or minus 3 percent of the values obtained by the “hot-shot” method, which uses an electrically fired gun.
(2) The road speed of the test wheel is measured with a speedometer designed to hold the indicating hand at the speed from which the stop is initiated. The speedometer shall indicate the speed to within plus or minus 2 percent of the speed timed with a stopwatch over a measured mile.
T. Definitions.
(1) “Brake system” means a combination of one or more brakes and their related means of operation and control.
(2) “Deceleration” means the rate of reduction of the speed of the vehicle, expressed in feet per second per second.
(3) “Equivalent braking ratio” means the percentage ratio of the sum of retarding forces developed by each braked wheel to the “as tested” gross weight of the vehicle or combination.
(4) “Emergency brake system” means a brake system used for retarding and stopping the vehicle in the event of a malfunction in the service brake system (this function may be performed by the parking brake system or by a portion of the service brake system, or by a separate brake system).
(5) “Parking brake system” means a brake system used to hold and maintain a vehicle in a stationary position (a positive mechanical means is employed to hold the brake applied when the vehicle is unattended).
(6) “Pedal reserve” as applied to hydraulic, mechanical, or power-assisted hydraulic brakes, means the amount of total pedal travel left in reserve when the pedal is depressed to the brake-applied position (the purpose of the pedal reserve check is to ascertain the degree of the brake adjustment and to demonstrate satisfactory brake actuating system condition).
(7) “Service brake system” means a brake system used for retarding, stopping, and controlling the vehicle under normal operating conditions.
(8) “Stopping distance” means the distance traveled by a vehicle from the point of application of force to the brake control, to the point at which the vehicle reaches a full stop.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.04** Wheels and Tires. {#sec-11.14.04.04 omnilex-key=us-md-regs-official--title-11--11.14.04.04}
A. Tire Inspection. Reference is made to Figures 17 and 18 for visual aid in determining tire wear. A radial ply tire may not be used with a nonradial-type tire on the same axle. All tires on the steering axle shall be the same size and type of construction. All tires shall be the same size on the same axle.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for tire wear: (a) Tires without tread wear indicators. (b) Tires with tread wear indicators. (c) For cord exposure. (2) Inspect for tread cuts, snags, or sidewall cracks. (3) Inspect for bumps, bulges, or knots. (4) Inspect for fabric breaks, and exposed or damaged body cords. (5) Inspect for regrooved or recut tires (note: regrooved tires are not permitted on school vehicles or on any steering axle). | (1) (a) Tire is worn so that less than 2/32 inch tread remains when a measurement is made in any groove at three locations spaced approximately equally around outside of tire. Exception: 4/32 inch on front tires or steering axle. (b) Tire is worn so that the tread wear indicators contact the road in any two adjacent grooves at three locations spaced approximately equally around outside of tire. Exception 4/32 inch on front tires or steering axle. (c) Tire has a worn spot that exposes the cord through the tread. |
| (6) Inspect for mismatching of tire types. | (2) Tire has tread cuts, snags, or sidewall cracks in any direction, and deep enough to expose cords. |
| (7) Inspect for mismatching of tire sizes (duals). | (3) Tire has visible bumps, bulges, or knots indicating partial failure or separation of the tire structure. |
| (8) Inspect for tire size. | (4) Tire has an unrepaired fabric break or sidewall has damaged body cords. |
| (9) Visually inspect for restricted usage marking on tire such as reclassified tires. | (5) Tire has been regrooved or recut below original groove depth, except those that are designed and can be readily identified as regroovable. |
| (10) Inspect for recapped tires on front wheels or steering axle of school vehicle. | (6) Tires are not the same size on the same axle. |
| (11) Inspect valve stems for leaks, damage or cracks. | (7) The diameter of one of the duals is not within 1/2 inch of the other, or if the gauge block can be inserted between the tire and caliper. |
| | (8) Tires are smaller than manufacturer's specified minimum or of a larger size that causes tire and body contact during different vehicle attitudes. |
| | (9) Tire is: (a) Marked “For Farm Use Only”; (b) Marked “Off Highway Use Only”; (c) Marked “For Racing Use Only”; (d) A metal studded snow tire during period when prohibited (April 1—October 31 in Allegany, Carroll, Frederick, Garrett, and Washington counties. Reject in other areas at any time). |
| | (10) Recapped tires are used on the front wheels or steering axle of a school vehicle. |
| | (11) Valve stem is leaking, cracked, or damaged, or shows evidence of wear. |
Figure 17—TIRE CONSTRUCTION
Figure 18—TIRE WEAR
Figure 19—MATCHING OF TIRES.
B. Wheel Inspection.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect wheel bolts, nuts, or lugs. | (1) Wheel bolts, nuts, studs, or lugs are loose, missing, or damaged. |
| (2) Inspect for wheel damage. | (2) Any part of the wheel is bent, cracked, rewelded, or damaged, to affect safe operation of the vehicle; loose or missing spokes on spoke-type wheels; or any wheel not the original, equivalent, or the one designated by the wheel manufacturer (Specialty Equipment Market Association, SEMA, or U.S./D.O.T. approved wheels and adapters are acceptable. |
| (3) Inspect for rims and lock rings for matching, condition, tightness of nuts and clamps, and evidence of slippage. | (3) Rims and lock rings are obviously mismatches; nuts and clamps are loose; or there is evidence of slippage. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.05** Fuel System. {#sec-11.14.04.05 omnilex-key=us-md-regs-official--title-11--11.14.04.05}
A. The fuel system includes the fuel tank, fuel pump, and necessary piping to carry the fuel from the tank to the carburetor or to the injection system.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually examine the fuel tank, fuel tank support straps, filler tube (rubber, plastic, metal), tube clamps, fuel tank vent hoses or tubes, filler housing drain, overflow tubes, filler cap, fuel filter, carburetor, or injector system. | (1) (a) Any part of system is not securely fastened. (b) There is fuel leaking at any point in the system. (c) Fuel tank cap is missing. (d) Overflow or vent tube is missing or obstructed. (e) Filler tube is leaking, collapsed, or deteriorated. |
| (2) Inspect for proper operation of choke, hand throttle, and accelerator. | (2) If choke, throttle, or accelerator does not function properly, such as binding, roughness, or failure to return to released position. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.06** Exhaust System. {#sec-11.14.04.06 omnilex-key=us-md-regs-official--title-11--11.14.04.06}
A. The exhaust system includes the exhaust manifold, and all piping leading to and including the muffler, catalytic converter, resonator, and the tail piping.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) With engine running and the vehicle on a hoist, lift, or over a pit, visually inspect the exhaust pipes, mufflers, resonators, and tail pipes for leaks, deterioration, proper mounting, damage and general condition. (a) Rusted or corroded areas shall be given particular attention. (b) Holes in the system made by the manufacturer for drainage are not cause for rejection. | (1) Vehicle has no muffler. (2) There are loose or leaking seams or joints. (3) There are holes caused by corrosion or temporary repairs made to the exhaust pipe, muffler, resonator, or the tail pipe. Welding or brazing is considered a permanent repair if it does not leak. (4) Tail pipe end is pinched or obstructed or does not extend beyond the passenger or driver area. |
| (2) The tail pipe shall extend beyond the passenger or occupant compartment and the enclosed cargo area if it is open to the driver or passenger area. | (5) The system is not properly mounted, or securely fastened, or if the seam of a muffler or resonator in a school vehicle faces the fuel tank, fuel lines, or floor of the vehicle. |
| (3) Type I school buses shall have a full length tail pipe extending beyond the rear wheels and exiting beyond the side or rear of the body unless the vehicle is equipped with a left side exhaust system which meets the following criteria: (a) The exhaust pipe may not pass within 12 inches of the gasoline tank or its connections unless a suitable baffle is installed between the exhaust system and these components. On vehicles with left side mounted gasoline tanks, compliance with this requirement may be more difficult; however, this requirement shall still be met. | (6) There are loose muffler baffles; the vehicle is equipped with cut-out or similar device; or the system is not original or equivalent. (7) Any part of the system passes through the occupant compartment, or there are any leaks in the heat exchange boxes or ducts of vehicle using engine exhaust heat to warm the interior of the vehicle. |
| (b) No part of the exhaust system may pass within 12 inches of any flexible brake hose or vacuum booster unless a suitable baffle is installed between the exhaust system and these components. | (8) The tail pipe does not extend beyond the occupant compartment and the enclosed cargo area if it is open or the occupant compartment. |
| (c) The exhaust pipe should be at approximately a 45-degree angle as it approaches the left body line to prevent back pressure and heat buildup. (d) The exhaust pipe shall be deflected downward as it approaches the left side of the body. | (9) On a school vehicle, the system passes directly under the emergency door, there is a reduction in size of tail pipe after it leaves muffler, or system does not extend to outside, not more than 1/4 inch beyond the rear bumper as originally designed. |
| (e) The exhaust pipe shall exit behind the driver's compartment. | (10) Exhaust pipe, muffler, or tail pipe is not leak proof construction. Flexible pipe that does not leak is acceptable, except on school vehicles. |
| | (11) It emits continuous exhaust fumes or smoke which obscures persons or objects from view. |
| | (12) On a school vehicle, the system passes directly under the emergency door, or there is any reduction in size of the tail pipe after it leaves the muffler. |
| | (13) Type I school vehicle with left side exhaust does not meet the requirements established. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.07** Emission Control System on School Vehicles. {#sec-11.14.04.07 omnilex-key=us-md-regs-official--title-11--11.14.04.07}
A. This regulation represents the current recommendations of the Vehicle Emissions Inspection Panel of the Motor Vehicle Manufacturers Association, Inc., regarding engine maintenance inspection required to minimize vehicle emissions. This section is advisory and is primarily related to 1968 and later models.
B. The inspection of emission control systems applies only to spark ignition engines, not to diesels.
C. This regulation is applicable to school vehicles only.
D. Crankcase Ventilation. The ventilation system of the crankcase is common to engines using either an “air injection” system of control or an “engine modification” system. The engine should be warm and running at idle before inspection of vent system.
| Procedures | Reject Vehicle If: |
| --- | --- |
| (1) Crankcase Ventilation Valve: Inspect valve to make sure it is an approved device. | (1) Valve is not designed for the vehicle if originally equipped. |
| (2) Plumbing Connections: Inspect plumbing connections for tightness and proper routing of blow-by fumes and fresh air. | (2) Plumbing is loose, restricted, broken, leaking, or improperly routed. |
| (3) Operation: Disconnect crankcase ventilation valve from engine. A definite “hissing” noise is heard if valve is OK, caused by air being “sucked” into the valve and hose. Place finger or thumb over end of valve and feel for suction. | (3) There is no hissing sound or suction. |
E. Air Injection Type—Idle Speed and Timing. An air injection-type exhaust emission control system can be identified by an air pump and a distribution system to the exhaust ports. The air pump is normally driven by a belt off the crankshaft or water pump pulleys. Only the plumbing, idle speed and ignition timing need be inspected. Reference is made to the Idle Setting Limits Table I.
| Procedures | Reject Vehicle If: |
| --- | --- |
| (1) Installation: With engine stopped, inspect hose connections and belts for tightness and breakage. Inspect ignition wiring for damage or deterioration. With engine running, inspect for air or vacuum leaks. | (1) (a) Belt is loose. (b) Connections are loose, broken, or leaking. (c) Ignition wires are damaged or deteriorated. |
| (2) Idle Speed: With engine at operating temperature and at idle speed: (a) Automatic Transmission: Check idle speed as recommended by vehicle manufacturer; (b) Manual Transmission: Place transmission in neutral and check idle speed. | (2) Idle speed is beyond limits in Table I. |
| (3) Basic Ignition Timing: Disconnect vacuum spark advance line(s) and insert plug(s). Connect timing light and check basic ignition timing (when finished replace line(s)). | (3) Basic timing is beyond limits in Table I. |
F. Engine Modification Type—Idle Speed and Timing. An “engine modification” control system may be most easily identified as one without an air pump. The emissions are primarily controlled by engine design. The items to be inspected are vacuum, idle speed, ignition timing, and idle air-fuel mixture by measuring the carbon monoxide (CO) content of the exhaust. Refer to Table II, Idle Setting Limits.
| Procedures | Reject Vehicle If: |
| --- | --- |
| (1) Installation. With engine stopped, inspect vacuum hose connections for tightness, or breakage. Inspect ignition wiring for damage or deterioration. With engine running inspect for air or vacuum leaks. | (1) Connections are loose, broken, or leaking. (2) Ignition wires are damaged or deteriorated. (3) Idle speed is beyond limits in Table II. (4) Basic timing is beyond limits in Table II. |
| (2) Idle Speed: With engine at operating temperature and at idle speed. (a) Automatic Transmission: Check idle speed as recommended by vehicle manufacturer; (b) Manual Transmission: Place transmission in neutral and check idle speed. | |
| (3) Basic Ignition Timing: Disconnect vacuum spark advance line(s) and insert plug(s). Connect timing light and check basic ignition timing. (When finished remove plug(s) and replace line(s).) | |
G. Engine Modification-Type Fuel Mixture (Carbon Monoxide). The carbon monoxide (CO) concentration in the exhaust of most vehicles may not be more than 3 percent. Be sure that the testing is done by an experienced operator and that the exhaust analyzer is properly calibrated.
| Procedures | Reject Vehicle If: |
| --- | --- |
| (1) Idle Fuel Mixture: With engine at normal operating temperature and idle speed, insert sampling probe into tail pipe and note carbon monoxide (CO) concentrations. (Major leaks in the exhaust system could cause erroneous readings.) | (1) Carbon monoxide concentrations are greater than limits in Table II. |
| Table I IDLE SETTING LIMITS TABLE (Exhaust Air Injection Systems) | | | |
| --- | --- | --- | --- |
| Manufacturer | RPM Manufacturer's Specifications | Basic Ignition Timing in Degrees | |
| American Motors Corp. | +100 | -25 | ±3 |
| Ford Motor Co. | +100 | -50 | ±3 |
| General Motors Corp. | +100 | -50 | ±3 |
| International Harvester Co. | +100 | -25 | ±3 |
| Jeep Corp. | +100 | -25 | ±3 |
| Other | As specified by the particular manufacturer | | |
| Table II IDLE SETTING LIMITS TABLE (Engine Modification Systems) | | | | |
| --- | --- | --- | --- | --- |
| Manufacturer | RPM Manufacturer's Specifications | Basic Ignition Timing in Degrees | Mixture | |
| American Motors Corp. | +100 | -25 | ±3 | 3% CO Maximum |
| Ford Motor Co. | +100 | -50 | ±3 | 3% CO Maximum* |
| General Motors Corp. | +100 | -50 | ±3 | 3% CO Maximum |
| International Harvester Co. | +100 | -25 | ±3 | Set with tachometer method |
| Jeep Corp. | +100 | -25 | ±3 | 3% CO Maximum |
| Other | | As specified by the particular manufacturer | | |
* or 13.3/1 Air-Fuel Ratio-Minimum.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.08** Bumpers and Rear Metal Frame. {#sec-11.14.04.08 omnilex-key=us-md-regs-official--title-11--11.14.04.08}
A. Bumpers shall be inspected for broken or missing parts, abnormal protrusions, sharp edges, or conditions that could be hazardous to persons. The bumpers shall be securely mounted to the vehicle and be capable of absorbing a reasonable degree of impact. Every truck with a GVWR over 10,000 pounds, except truck tractors and vehicles engaged in drive-away/tow-away operations, which is so constructed that the body or the chassis assembly, if without a body, has a clearance at the rear end of more than 30 inches from the ground when empty, shall be equipped with a permanent rear bumper or metal frame attached to the underside of the rear of the truck. The bumper or frame may not be any wider than the width of the truck, and may not be more than 30 inches above the highway when moving and shall be constructed of heavy gauge steel. The maximum transverse distance from the widest part of the vehicle at the rear to the bumper or metal frame may not exceed 18 inches. The frame shall be constructed so as not to interfere with lights or other warning devices. Any truck so constructed and maintained that the body, chassis, or other parts thereof afford the protection required by this section shall be deemed in compliance with this section. The provisions of this section do not apply to vehicles where the installation of the required bumper or metal frame would prevent operation of the vehicle to secure its designated purpose.
| Procedures | Reject Vehicle If: |
| --- | --- |
| (1) Bumpers: Applies to all bumpers of vehicles where equipped. Front bumper does not have to extend to extreme sides of vehicle except on school vehicles. Inspect bumpers for hazardous condition and unsafe mounting. | (1)(a) Bumper is broken or missing. (b) Abnormal protrusions or conditions which could be hazardous. (c) Bumpers not securely mounted or capable of absorbing a reasonable degree of impact. (d) School vehicle bumpers do not extend to the extreme sides of the vehicle. |
| (2) Rear Metal Frame: Inspect frame for proper size, proper mounting, interference with lights or warning devices, and type of construction. | (2)(a) Rear protector frame does not conform to requirements. (b) Is missing when required. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.09** Rear Wheel Protector Flaps. {#sec-11.14.04.09 omnilex-key=us-md-regs-official--title-11--11.14.04.09}
A person may not operate, cause or permit to be operated any bus or truck on the highways of this State unless it is equipped with suitable metal protectors or substantial flexible flaps behind the rearmost wheels of the vehicle to prevent the projection of rocks, dirt, water, or other substances to the rear and to minimize side spray. This regulation does not apply to any farm tractor or any vehicle registered as a farm truck or to uncoupled truck tractors or other vehicles where the construction is such that complete freedom around the wheel area is necessary to secure the designed use of the vehicle.
| Procedures | Reject Vehicle If: |
| --- | --- |
| A. The protectors or flaps shall have a ground clearance of not more than one-third of the horizontal distance from the bottom edge of the protector or flap to the centerline of the axle, provided, however, that no protector or flap need be closer to the ground than 6 inches under any condition of loading. The protector or flap shall extend laterally at least the width of the tire or tires being protected. | A. Measurement A is longer than 1/3 the length of Measurement B and the vehicle is not equipped with flaps (see Figures 20 and 21). B. Protector or flap does not extend laterally at least the width of tire or tires. C. Protectors or flaps not securely attached to the vehicle. |
| B. If any truck or bus is so designed or constructed that the objectives of this regulation are accomplished by reason of fender or body construction or other means of enclosure, either permanent or temporary, then the requirements of this regulation have been satisfied. | |
Figure 20—REAR WHEEL PROTECTOR FLAP REQUIREMENTS.
Figure 21—REAR WHEEL PROTECTOR FLAP REQUIREMENTS.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.10** Fenders. {#sec-11.14.04.10 omnilex-key=us-md-regs-official--title-11--11.14.04.10}
Fender inspection shall include condition, mounting, and coverage of wheels and tires. If the body of the vehicle does not provide coverage, the vehicle shall then be equipped with suitable metal protectors or substantial flexible flaps behind the rearmost wheels of the vehicle.
| Procedures | Reject Vehicle If: |
| --- | --- |
| A. Fenders shall be securely attached to the vehicle and inspected for tears, sharp or jagged edges, sufficient coverage of the wheel and tire both from the body outward and to the front and rear of tires and wheels. Fenders may be extended outward to compensate for tire and wheel changes provided these extensions: | A. (1) Fender has tears, sharp or jagged edges. (2) Fender is not securely fastened to the body. (3) Fender does not extend outward from the body to cover the top of the wheel and tire. |
| (1) Provide required coverage of wheels and tires; | (4) The rear of all fenders do not extend downward to the horizontal centerline of the wheel. |
| (2) Are constructed of substantial materials; | |
| (3) Are securely attached to fenders the fenders; | (5) Fronts of all fenders do not extend forward from the vertical centerline of the wheel to at least within a 45-degree angle of the horizontal centerline. |
| (4) Have all edges rolled to eliminate sharp or jagged edges;; | |
| (5) Do not contact tires during different vehicle attitudes; | (6) Fender has been extended downward to compensate for suspension modifications. |
| (6) On trucks and truck tractors, applies only to front fenders and rear fenders when equipped. | |
| | (7) Fender is missing. |
| (8) The vehicle is not equipped with flaps behind the rear wheels when required. | |
Figure 22—FENDERS.
**Cross References**
11.19.02.36A
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.11** Body and Sheet Metal — Applicable to School Vehicles Only. {#sec-11.14.04.11 omnilex-key=us-md-regs-official--title-11--11.14.04.11}
Body exterior components and sheet metal parts, if damaged or dislocated so that they project from the vehicle to present a safety hazard to occupants, pedestrians, or other vehicles, may be cause for rejection of the vehicle.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| A. Protruding Metal: Inspect for torn metal parts, moldings, rub rails, etc., which may protrude from vehicle. | A. (1) Body components or sheet metal are subject to rejection if a condition exists which is hazardous to occupants, pedestrians or other vehicles. (2) Torn metal, broken glass, or other loose or dislocated parts protrude from the surface of the vehicle which is hazardous to occupants, pedestrians, or other vehicles. |
Figure 23—SCHOOL VEHICLE CONSTRUCTION AND SEATING.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.12** Lighting. {#sec-11.14.04.12 omnilex-key=us-md-regs-official--title-11--11.14.04.12}
A. General Lamp and Reflector Inspection. This includes all original equipment, exterior lighting plus whatever lights are authorized. School vehicles have special marking and lighting to assure their identity. Refer to diagrams of front and rear views (Figures 27 and 29).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visual Check of Lamp Function: Turn on the night driving lights and visually check the following: (Check (a) and (b) with ignition switch on, engine should not be running.) | (a) A bulb or sealed beam unit fails to light. (b) Turn signals do not properly indicate right or left when so switched. |
| (a) Actuate turn signal lever to right and left, and observe function of turn signal lights (1962 or newer motor vehicles shall be so equipped. Turn signals shall emit white or amber light to the front and red or amber to the rear). | (c) Turn signals do not self-cancel if so equipped (if, because of age of the vehicle, parts are not available, this defect may be certified.) |
| (b) Place vehicle in all forward gears and check back-up lamps (if vehicle is so equipped). | (d) Back-up lamp system functions when the vehicle is in any forward gear, or back-up lamp system fails to function when vehicle is in reverse. |
| (c) If vehicle is so equipped, actuate the following and observe lamps: (i) Hazard warning lamps (1968 or newer motor vehicles shall be so equipped); (ii) Brake system warning lamps (if equipped); (iii) Indicator lamps for: hazard warning lamps, turn signals, high beam headlamps and school vehicle flashing warning lamps; (iv) Stop lamps (1968 or newer motor vehicles shall have two red or amber stop lamps; all others one); (v) Headlamps—upper and lower beam: Headlamps shall emit white light. | (e) A lamp shows color contrary to law (red or blue light to the front; white light to the rear, except license plate lamps and back-up lamps when vehicle is in reverse. (f) A lamp fails to light proper filament when switched. (g) A required or authorized lamp, lens, or reflector is obscured by any object or shielded by a nontransparent material. (h) A lamp or reflector is not mounted to properly direct or reflect light. (i) A lamp assembly or reflector is loose or improperly mounted. (j) A tail lamp has a cracked or broken lens which emits a white light to the rear. |
| (2) Observe function of: (a) Tail lamps (red, two on 1972 or newer models; all others one). (b) Parking lamps (white or amber to the front; red to the rear). In addition, every bus, truck, or truck tractor 80 inches or more in overall width shall be equipped as required in §§A(2)(c), (d), (e), and (f). (c) Side marker lamps, one amber front and one red rear on each side. Vehicles over 30 feet in overall length one amber centrally located with respect to length of the vehicle. | (k) A lamp, lens, or reflector is not an approved type. (l) Equipped with any unauthorized emergency or warning lamps. (m) A school vehicle manufactured after December 31, 1972, and the alternating flashing warning lamps are not equipped with shields or hoods. (n) Headlamp output is less than 5,000 candlepower on high beam or less than 3,500 candlepower on low beam. (o) Indicator lamps (if equipped) fail to function. |
| (d) Reflectors: one amber front and one red rear on each side. Vehicles over 30 feet in overall length, one amber centrally located with respect to length of the vehicle. 1972 or newer models shall be equipped with at least two red reflectors on the rear. All other models shall have one. Reflectors may be combined with other lamps. | (p) Dash lamps do not illuminate fuel gauge, oil pressure gauge, alternator gauge, temperature gauge, speedometer, odometer, air pressure, or vacuum gauge. (q) Any required lamp is missing. |
| (e) Clearance lamps: two amber front and two red rear to indicate overall width of the vehicle. One on each side of the vertical centerline of the vehicle at the same height and as near the top of the vehicle as possible. If the vehicle is equipped with three red identification lamps on the top rear, the rear clearance lamps may be mounted at the top or bottom of the vehicle. | |
| (f) Identification lamps: three amber front and three red rear grouped in a horizontal row with lamp centers spaced not less than 6 inches or more than 12 inches apart and mounted on a permanent structure of the vehicle as close as possible to vertical centerline of the vehicle. Required on front of all 1972 or newer trucks and buses and all truck tractors. Rear of all trucks and buses. If the cab of the vehicle is not more than 42 inches at the front roof line, a single identification lamp mounted at the center of the cab is acceptable. | |
| (g) License plate lamp or lamps—White. | |
| (h) Emergency/Warning Lamp when permitted or required. School vehicles manufactured before January 1985 shall be equipped with two front and two rear alternately flashing red warning lamps unless approved otherwise. School vehicles manufactured after December 1984 shall be equipped with two front and two rear alternately flashing amber warning lamps in addition to the two front and two rear alternately flashing red warning lamps. After January 1, 1994, all school vehicles shall be equipped with two front and two rear alternately flashing red and amber warning lamps. On school vehicles manufactured after December 31, 1972, the warning lamps shall be equipped with shields or hoods. | |
| (i) Red and Blue: Law enforcement vehicles; Red and/or White: Fire department, rescue vehicles, ambulances, State vehicles used for hazardous material spills; Amber: Service, maintenance, tow-trucks, escort, and slow moving farm vehicles. | |
| (j) Dash Lamps. | |
| (k) All interior lamps (school vehicle only): (i) Interior lamps to illuminate aisle; (ii) Stepwell lamp; (iii) Red identification lamp for emergency door (if equipped); (iv) Indicator lamp or signal for operation of flashing warning lamps; (v) Indicator lamps to monitor warning, turn signal, and hazard lamps. | |
Figure 24—TRUCK TRACTOR LIGHTING REQUIREMENTS.
Figure 25—SINGLE UNIT TRUCK LIGHTING REQUIREMENTS.
Figure 26—COMMERCIAL BUS LIGHTING REQUIREMENTS.
Figure 27—TYPE I SCHOOL VEHICLE LIGHTING REQUIREMENTS.
(3) Preparation for Headlamp Aim Inspection. Preparation for headlamp and aim inspection is to be done by owner of vehicle before inspection. Frame leveling and wheel alignment inspection is done before inspection. Frame leveling and wheel alignment inspection is done at the station. Any one of the items listed below can affect the inspection results and may cause rejection of the vehicle. To prevent this and reduce inspection time, the owner should have the first three items completed before inspection.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Remove excessive ice and mud from under fenders. (b) Inflate tires to recommended pressures. (c) Be sure that lenses are clean; check for burned out bulbs and proper beam switching. (d) Check for faulty wheel alignment or improper tracking of the rear axle. | |
B. Headlamp.
(1) High Beam. Vehicle shall be equipped with either the dual headlighting system consisting of four 5 1/4-inch diameter units, two of which shall be No. 1 and two of which shall be No. 2; or four 6 1/2 × 4 1/2 inch rectangular units, two of which shall be No. 1A and two of which shall be No. 2A; four 5.93 × 3.64-inch rectangular-type F units, two of which shall be LF units and two of which shall be UF units; or a single headlighting system consisting of two 7-inch units; or two 8 × 5 inch rectangular units; or an approved bulb and reflector-type system. All units bearing the marking No. 2 shall be inspected and aimed on low beam. All units bearing the marking No. 1 or no number shall be inspected and aimed on high beam. Headlamp inspection and aiming by the photoelectric-optical method, not applicable to school vehicles, requires a level area sufficient for the vehicle and test equipment. The test equipment shall be accurately calibrated to the floor and accurately aligned to the vehicle. Additional lighting information is contained in §§E, F, and G (limits are in inches at 25 feet). Labeling requirements for sealed beam headlamps manufactured on or after July 1, 1979: 5 3/4 inch type 1-1C1, type 2-2C1; 6 1/2 inch by 4 1/2 inch type 1A-1A1, type 2A-2A1; 7 inch type 2-2D1; 8 inch by 5 inch type 2B-2B1; type F 5.93 inch by 3.64 inch—low beam—LF, high beam—UF. Type F units require a special aimer adapter and must be aimed in accordance with the manufacturers' recommended procedures. Bulb and reflector-type headlamps currently approved contain a 9004 Sylvania bulb in a normal reflector unit or an H-4 bulb in a sealed reflector unit. Sealed reflector units contain a glass bubble which encases the bulb when in place which can be detected by removing the bulb and determining if the bubble exists.
**Agency Note** : Labeling requirements for sealed beam headlamps manufactured on or after July 1, 1979: 5 3/4 inches Type 1—1C1, Type 2—2C1; 6 1/2 inches by 4 1/4 inches Type 1A—1A1, Type 2A—2A1; 7 inches Type 2—2D1; 8 inches by 5 inches Type 2B—2B1
Figure 28.
Figure 29—TYPE 1-SCHOOL VEHICLE HEADLAMP CONFIGURATIONS.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) High Beam (Type 1): (i) With the vehicle in the inspection area and test equipment properly calibrated and aligned to the vehicle, switch headlamps to high beam and observe hot spot. | Center is: (a) Horizontally: (i) More than 4 inches right, or (ii) More than 4 inches left of the vertical centerline; |
| (ii) When properly aimed, the center (hot spot) of the high intensity zone is set on the vertical and horizontal centerlines of the lamp. | (b) Vertically: (i) More than 4 inches above, or (ii) More than 4 inches below the horizontal centerline. |
(2) Low Beam. Inspect the low beam headlamp in the same method as indicated for high beam. Always inspect the following sealed beam units on low beam only: 5 3/4 inch diameter or 6 1/2 × 4 1/4 inch rectangular marked type 2 or 2A and 7 inch diameter or 8 × 5 inch rectangular marked type 2 or 2B.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Low Beam (Type 2): (i) Under same procedure as high beam aim inspection, switch headlamps on low beam and observe either the center of the high intensity zone or the left and top edges of the zone. (ii) When properly aimed: Edges of high intensity zone — Top edge centered on horizontal centerline, left centered on vertical centerline. (iii) Center of high intensity zone. Adjust hot spot to 15 inches horizontally and 11 inches vertically. | (a) Beam pattern: (i) Left edge is horizontally more than 4 inches right or left of the vertical centerline; or (ii) Top edge is vertically more than 4 inches above or below the horizontal centerline; (b) Hot spot is: (i) Horizontally less than 11 inches or more than 19 inches; or (ii) Vertically less than 7 inches or more than 15 inches. |
C. Headlamp—Applicable School Vehicles Only.
(1) To compensate for the various conditions of loading encountered during inspection, the frame or body floor shall be made level before checking. This will provide a standard condition for inspecting all vehicles and may be accomplished by using a combination of blocks under the rear wheels or a lifting device (jack) or both for the front end. A spirit level may be laid along the frame side member.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Headlamp Aim: (b) High Beam: Attach mechanical aimer to headlamp unit according to instructions. Take readings. | High Beam: (a) Horizontal aim is more than: (i) 4 inches to the left; or (ii) 4 inches to the right. (b) Vertical Aim is: (i) more than 4 inches up; or (ii) more than 4 inches down. |
| (c) Low Beam: Attach mechanical aimer to headlamp unit according to instructions. Take readings. | Low Beam: (a) Horizontal aim is more than: (i) 4 inches to the left; or (ii) 4 inches to the right. (b) Vertical aim is: (i) more than 4 inches up; or (ii) more than 4 inches down. |
(2) Place vehicle in a darkened location of sufficient size for the vehicle and an additional 25 feet from lamps to screen. Level the vehicle frame as described in §C(1). The vehicle shall be located accurately in front of the screen. An approved marked screen and adequate test area are required.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| High Beam: With vehicle properly located, switch headlamps to high beam and observe center of high intensity zone on the screen. | Center is: (a) Horizontally: (i) More than 4 inches right; or (ii) More than 4 inches left of vertical centerline. |
| | (b) Vertically: (i) More than 4 inches above; or (ii) More than 4 inches below the horizontal centerline. |
Figure 30—AIMING SCREEN BEAM PATTERN-HIGH BEAM.
(3) Inspect the low beam headlamp in the same method indicated as for high beam. Always inspect the following sealed beam units on low beam only: 5 3/4 inch diameter or 6 1/2 × 4 1/4 inch rectangular units marked type 2 or 2A and 7 inch diameter or 8 × 5 inch rectangular units marked type 2 or 2B.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| Low Beam: With vehicle properly located, switch headlamps to low beam and observe left and top edges of high intensity zone on the screen. | (a) Left edge is horizontally: (i) More than 4 inches left; or (ii) More than 4 inches right of vertical centerline. |
| | (b) Top edge is vertically: (i) More than 4 inches above; or (ii) More than 4 inches below the horizontal centerline. |
Figure 31— AIMING SCREEN BEAM PATTERN-LOW BEAM.
D. Fog Lamp and Auxiliary Driving Lamps. If a vehicle is equipped with either fog lamps or auxiliary driving lamps they shall be properly aimed. Fog lamps shall be mounted on the front of the vehicle at a height not more than 30 inches or less than 12 inches above the level surface on which a vehicle stands. Only two fog lamps are allowed by law. Auxiliary driving lamps shall be mounted on the front of the vehicle at a height not more than 42 inches or less than 16 inches above the level surface on which the vehicle stands. Only two auxiliary driving lamps are allowed by law. The mounting heights of auxiliary driving lamps do not apply to emergency vehicles.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Auxiliary Driving or Fog Lamp Aim Inspection: (a) Under the same procedure as for headlamp inspection switch on the lamps and observe the location of the high intensity zone or hot spot on the screen. (b) Symmetrical Beam: When properly aimed, the center of the high intensity zone is set 4 inches below the horizontal centerline of the lamp and centered on the vertical centerline. (c) Asymmetrical Beam: When properly aimed, the center of the high intensity zone is set 7 inches below a horizontal centerline of the lamp and centered on the vertical centerline. (d) Measure height of auxiliary driving or fog lamp. | (1) Symmetrical: (a) Center of high intensity zone is more than: (i) Horizontally: 4 inches left, or 4 inches right of the vertical centerline; or (ii) Vertically: Less than 4 inches below the horizontal centerline. |
| | (2) Asymmetrical Beam: Same as low beam headlamps: (a) Center of high intensity zone is more than: (i) Horizontally: 4 inches left, or 4 inches right of the vertical centerline; or (ii) Vertically: Less than 7 inches below the horizontal centerline. |
| | (3) Fog lamps or auxiliary driving lamps are mounted higher or lower than allowed. |
| | (4) Vehicle is equipped with more than two fog lamps. |
| | (5) Vehicle is equipped with more than two auxiliary driving lamps |
E. Definitions.
(1) “Asymmetrical beam” (nonsymmetrical) means a beam in which both sides are not symmetrical with respect to the median vertical plane of the beam. All lower beams are asymmetrical.
(2) “Back-up lamp” means a lamp used to provide illumination behind the vehicle, and to provide an indicator when the vehicle is in reverse gear.
(3) “Clearance lamp” means (on trucks and buses 80 inches or more wide) a lamp which shows to the front or rear of a vehicle, mounted on the permanent structure of the vehicle as near as practicable to the upper left and right extreme edges to indicate overall width and height of the vehicle.
(4) “Cornering lamp” means a steadily burning lamp used when the turn signal system is operating to supplement the headlamps by providing additional road illumination in the direction of the turn.
(5) “Driving lamp” means the auxiliary lamp or lamps that may be used to supplement the upper beam of the regular headlamps.
(6) “Emergency warning lamp” means a lamp which provides a flashing light to identify an authorized vehicle on an emergency mission. The emergency signal may be an oscillating lamp, a rotating beacon, or pairs of alternately or simultaneously flashing lamps.
(7) “Fog lamps” means a lamp which may be used with the lower beam headlights to provide illumination under condition of rain, snow, dust, or fog.
(8) “Hazard warning lamp” means a turn signal lamp which flashes simultaneously to warn of the presence of a vehicular hazard.
(9) Headlamps.
(a) Five and 3/4 Inch Round Sealed Beam Unit.
(i) “Type 1 sealed beam unit” means a sealed beam unit 5 3/4 inches in diameter having a single filament and providing only an upper beam distribution of light. This unit is identified by a number 1 on the lens and is aimed on the upper beam.
(ii) “Type 2 sealed beam unit” means a sealed beam unit 5 3/4 inches in diameter having two filaments, one filament providing the lower beam and one filament providing fill-in light for the upper beam. This unit is identified by a 2 on the lens and is aimed on the lower beam.
(b) “Seven Inch Round Sealed Beam Unit” means a sealed beam unit 7 inches in diameter providing an upper and lower beam. This unit is identified by a number 2 on the lens and is aimed on the lower beam. If there is no identifying number on lens, it means a sealed beam unit 7 inches in diameter providing an upper and lower beam. It is aimed on the upper beam.
(c) “Eight Inch by 5 Inch Rectangular Sealed Beam Unit” means a sealed beam unit providing an upper and lower beam. This unit is identified by a number 2B on the lens and is aimed on the lower beam.
(d) Six 1/2 by 4 1/2 Inch Rectangular Sealed Beam Unit.
(i) Type 1A—means a sealed beam unit having a single filament and providing only an upper beam distribution of light. The unit is identified by a number 1A on the lens and is aimed on the upper beam.
(ii) Type 2A—means a sealed beam unit having two filaments, one filament providing fill-in light for the upper beam. This unit is identified by a number 2A on the lens and is aimed on the lower beam.
(e) “Bulb and reflector headlamps” means a lamp assembly providing an upper and lower beam light by means of a replaceable bulb. These lamps are aimed on lower beam. They shall be capable of producing at least 5,000 candlepower output on upper beam and 3,500 candlepower output on lower beam, and must be capable of being aimed.
(f) 5.93 x 3.64 Inch Rectangular Sealed Beam Unit.
(i) Type LF—sealed beam unit having a single beam filament and providing only a lower beam distribution of light. The unit is identified by the designation LF on the lens. A special aimer adapter is required for aiming, and aiming must be accomplished in accordance with the manufacturer's recommended procedures.
(ii) Type UF—sealed beam unit having a single beam filament and providing only a upper beam distribution of light. The unit is identified by the designation UF on the lens. A special aimer adapter is required for aiming, and aiming (if applicable) must be accomplished in accordance with the manufacturer's recommended procedures.
(10) “Headlamp lower beam” means a distribution of light so directed as to avoid glare in the eyes of oncoming drivers while providing illumination ahead of the vehicle and intended for use in congested areas and on highways when meeting other vehicles within a distance of 500 feet.
(11) “Headlamp upper beam” means a distribution of light intended primarily for distant illumination and for use on the open highway when not meeting other vehicles.
(12) “Identification lamps” (on trucks and buses 80 inches or more wide) means lamps used in groups of three, in a horizontal row, which show to the front or rear or both, having lamp centers spaced not less than 6 or more than 12 inches apart, mounted on the permanent structure as near as practicable to the vertical centerline and the top of the vehicle, to identify certain types of vehicles.
(13) “Indicator lamp” means a lamp visible to the operator of a vehicle that indicates:
(a) Appropriate electrical circuits are in operation;
(b) Malfunction of vehicle performance; and
(c) Requirement for remedial action by the operator of the vehicle.
(14) “Lane changer” means a device, usually incorporated in the turn signal switch which will actuate the turn signal lamps when held by the driver. It is intended for momentary use for signaling a lane change. When released by the operator, it will return to neutral and de-activate the signal lamp.
(15) “License plate lamp” means a lamp used to illuminate the license plate on the rear of a vehicle.
(16) “Operating units or switches” means devices by which the functioning lamps are controlled.
(17) “Parking lamp” means lamps used to designate the front of a parked vehicle.
(18) “Passing lamp” means an auxiliary lamp or lamps that may be used to supplement the low beam of a standard headlamp system. It is not intended for winding roads or congested city areas.
(19) “Reflective devices” means a device used on vehicles to give an indication to an approaching driver by reflected light from the headlamps of approaching vehicles.
(20) “SAE Lighting Identification Code” means a series of standardized markings for lighting devices which a manufacturer or a supplier may use to mark his product to indicate the SAE lighting standard or standards to which the device is designed to conform. The code is not intended to limit the manufacturer or supplier in applying other markings to the devices.
(21) “Sealed beam headlamp assembly” means a major lighting device used to provide general illumination ahead of the vehicle. It consists of the following:
(a) One or more sealed beam units (bulb assembly);
(b) Means for mounting securely to the vehicle;
(c) Means to permit required aim adjustment.
(22) “Sealed beam unit” means an integral and hermetically sealed optical assembly with the name “Sealed Beam” molded in the lens.
(23) “Side marker lamp” means a lamp on the left and right sides, beamed to the side, and intended to indicate vehicle length. They are located near the front and rear on each side and, for vehicles over 30 feet in length, are also located at the midpoint (intermediate side marker).
(24) “Stop lamp” means a lamp giving a steady warning light to the rear of a vehicle, to indicate the intention of the operator of the vehicle to reduce speed or stop.
(25) “Symmetrical beam” means one in which both sides are symmetrical with respect to the median vertical plane of the beam. Lamps having symmetrical beam are:
(a) Five 3/4 inch diameter type I;
(b) Five 3/4 inch diameter type 2 (upper beam filament);
(c) Six 1/2 by 4-1/4 inch type 1A;
(d) Six 1/2 by 4-1/4 inch type 2A (upper beam filament);
(e) Eight by five inch type 2B (upper beam filament);
(f) All 7 inch diameter units (upper beam filament).
(26) “Tail lamp” means a lamp used to designate the rear of a vehicle.
(27) “Turn signal lamp” means a lamp which provides a flashing warning light to indicate the intended direction of the turn.
F. SAE Identification Code (J759C SAE Handbook).
(1) The following list is an identifying code for lights and signaling devices:
| Device | SAE Identification Code Designation |
| --- | --- |
| (a) Reflex Reflectors: | |
| (i) Class A | A |
| (ii) Class B (used before 1969 only) | B |
| (b) Motorcycle and motor driven cycle turn signal lamps | D |
| (c) Side turn signal lamps—vehicles 30 ft. (9.1m) or more in length | E |
| (d) Side turn signal lamps—vehicles less than 30 ft. (9.1m) in length | E2 |
| (e) Fog lamps | F |
| (f) Sealed beam headlamps (marking applies to housing or unit) | H |
| (g) Turn signal lamps—Class A | I |
| (h) Turn signal lamps—Class A spaced less than 4 in. (102mm) from headlamp | I2 |
| (i) Turn signal flasher | J590e or J5906 |
| (j) Hazard warning signal flasher | J945b or J945 |
| (k) Warning lamp alternating flasher | J1054 |
| (l) Cornering lamps | K |
| (m) License plate lamps | L |
| (n) Motorcycle and motor driven cycle headlamps—motorcycle type | M |
| (o) Motor cycle and motor driven cycle headlamps—motor driven cycle type | N |
| (p) Spot lamps | O |
| (q) Parking lamps | P |
| (r) Clearance or side marker or identification lamps | P1 or P2 |
| (s) Combination clearance and side marker lamps | PC |
| (t) Turn signal operating units Class A | Q |
| (u) Turn signal operating units Class B | QB |
| (v) Vehicular hazard warning signal operating unit | QC |
| (w) Backup lamps | R |
| (x) Stop lamps | S |
| (y) Tail lamps | T |
| (z) Supplemental high mounted stop and turn signal lamps | U |
| (aa) Liquid burning emergency flares | V |
| (bb) Warning lamps for emergency, maintenance and service vehicles | W or W1 |
| (cc) Warning lamps for school buses | W2 |
| (dd) 360-degree emergency warning lamps | W3 |
| (ee) Emergency warning device | W4 |
| (ff) Electric emergency lanterns | X |
| (gg) Driving lamps | Y |
| (hh) Auxiliary low beam lamps | Z |
(2) All equipment for testing headlamps shall comply with the Society of Automotive Engineers Recommended Practice for Headlamp Inspection Equipment.
G. Headlamp Testing Machines.
(1) Headlamp Testing Machine. When a headlamp testing machine is used, it shall give results equivalent to those obtained using a screen. It shall be in good repair and adjustment, and shall be used in accordance with the manufacturer's instructions. A machine using a photoelectric cell or cells to determine aim should also have a visual screen upon which the beam pattern is projected proportionally to its appearance and aim on a screen at 25 feet. The visual screen shall be plainly visible to the operator and have horizontal and vertical reference lines to permit visual appraisal of the lamp beam.
(2) Mechanical Aimer (applicable to school vehicles only). When a mechanical aimer is used, it shall be in good repair and adjustment, and shall be used according to the manufacturer's instruction and shall be calibrated to the slope of the floor on which the vehicle stands.
(3) Screen (applicable to school vehicles only). When a screen is used, it should be 5 feet high x 12 feet wide with a matte white surface well shaded from extraneous light, and properly adjusted to the floor on which the vehicle stands. Provisions may be made for moving the screen so that it can be aligned parallel with the rear axle so that a horizontal line drawn perpendicularly from the centerline of the screen will pass an equal distance midway between the two headlamps. The screen shall be provided with a fixed vertical centerline, two laterally adjustable vertical tapes, and one vertically adjustable horizontal tape.
**Cross References**
11.14.05.09
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.13** Electrical System. {#sec-11.14.04.13 omnilex-key=us-md-regs-official--title-11--11.14.04.13}
A. Electrical System. To save time, the inspector should develop his own plan or sequence for checking miscellaneous electrical items, many of which can be inspected while inspecting other items.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Horn shall be securely fastened, produce audible but not harsh or loud sound, and have a horn button readily accessible to the operator. (2) Switches shall all function properly. (3) Wiring shall be well insulated. (4) Connections shall be tight and secure. | (1) Horn: (a) Is loose; (b) Fails to function; (c) Produces loud or harsh sound; (d) Not equipped with horn button within arm's reach of operator. |
| (5) Automatic Transmission Only: Neutral safety starting switch—determine that starter operates with gear selector in P and N only. | (2) Switches: Fail to function. |
| (6) Battery—Check general condition. | (3) Wiring: (a) Insulation is bare, cracked, or broken; (b) Shows evidence of burning or short-circuiting. |
| | (4) Connections are loose or shows signs of excessive corrosion. |
| | (5) Starter operates with gear selector in any gear other than P and N: (a) Gasoline ignition engine: Apply parking brake and remove center wire from coil or distributor before checking to be sure that engine does not start with vehicle in running gear. On Delco Remy high energy ignition system disconnect harness connector at distributor on V6 and V8 engines. Disconnect at coil on inline 4 and 6 cylinder engines; (b) Diesel engine: Apply parking brake, fully apply service brake, and pull stop out to no-fuel position before checking. |
| | (6) Battery: (a) Is cracked or broken; (b) Connections are loose or show signs of excessive corrosion; (c) Is not held down securely; (d) Vents are not open (if equipped); (e) Is low on fluid level (if applicable). |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.14** Interior and Emergency Equipment — Applicable to School Vehicles Only. {#sec-11.14.04.14 omnilex-key=us-md-regs-official--title-11--11.14.04.14}
A. Seats, Stanchions, Rails.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Seats and Seat Belts: (a) Inspect seats for secure anchorage to floor; (b) Inspect seats for condition of frames, springs, and cover material; (c) Inspect driver's and occupant's seat belt webbing for fraying, splitting, tearing, malfunctioning buckles; loose, damaged, or missing anchorages or damaged or weakened floor pan; (d) Inspect for torn or broken interior metal trim, etc., which may present a hazard to occupants. | (1) (a) Any seat anchor bolts are not securely fastened to floor or side mounting rail. (b) Cover material is torn, springs are exposed, seat frame is loose, cracked or broken. (c) Driver's seat belt is missing. (d) Seat belt webbing is frayed, split or torn. (e) Buckles do not operate properly. (f) Belt anchorages are loose, badly corroded, or not fastened to belt. (g) Belt mounting surfaces are badly deformed, damaged, or corroded. (h) Floor pans are damaged or weakened at anchorage. (i) Occupant's seat belts are missing when required. |
| (2) Stanchions and Guard Rails (when applicable): Inspect all stanchions, guard rails, grab handles, etc., for tightness, mounting, and general condition. | (2) (a) Looseness is detected, or fastening parts are missing, broken, or cracked. (b) Cover material or padding is torn (when applicable). |
B. Visors and Defroster. Sun visors shall be located in front and above the driver and passenger positions.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Sun Visors: Inspect sun visor for loose, missing or broken parts which would prevent it from being adjusted, or holding an adjustment. | (1) (a) Visor is missing. (b) Visor on driver's side cannot be positioned to protect driver's eyes from sun. (c) Visor is difficult to adjust or will not maintain a set adjustment. |
| (2) Windshield Defroster: Inspect for presence and proper functioning of windshield defroster. The device and/or auxiliary fans, etc., shall keep windshield, window at driver's left, and glass in service door clear. | (2) Windshield and defroster defogger is missing or fails to function properly. |
C. Heaters, Step or Stepwell, and Vents.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Interior Heaters: (a) Inspect heater or heaters for capability of maintaining inside temperature of 50°F at minimum average January outside temperature. (b) Inspect for leakage and general condition of heating system including heater hoses, tubing, shielding, valves, and controls. | (1) (a) Heater cannot maintain a temperature of 50°F at minimum average January outside temperature. (b) Leakage or malfunction of heating system is detected. (c) Interior heater or pipes are not properly shielded. (d) Cut off valve in engine compartment is not present. |
| (2) Step or Stepwell: Inspect general condition of step or stepwell at all door entrances. (3) Ventilation: Check for function and general condition of ventilating system. | (2) (a) Step or stepwell is blocked or cluttered, or surface material is loose. (b) Light for the stepwell is missing or fails to function. (c) Step or stepwell is not covered with nonskid material. |
| | (3) System fails to furnish fresh air under operating conditions. |
D. Fire Extinguisher, First Aid Kit, and Tire Chains. Every school vehicle shall be equipped with a dry chemical fire extinguisher, and first aid kit container mounted in plain view in the driver's compartment, and where applicable, tire chains.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Fire Extinguisher: (a) Inspect for presence, location, condition, and accessibility of the fire extinguisher. Every school vehicle shall be equipped with a nontoxic dry chemical fire extinguisher having a rating of at least 5lb./10B.C. and equipped with a gauge. | (1) Extinguisher: (a) Is missing; (b) Seal is broken; (c) Is not readily accessible to driver; (d) Gauge shows low-reading. |
| (2) First Aid Kit: Inspect for presence, accessibility, and general condition of first aid kit. It shall be readily identifiable and contain at least the following: (a) Four adhesive bandages; (b) Four adhesive tapes—1 inch by 5 yards; (c) One bandage compress—2 inches by 48 inches; (d) Four bandage compresses—4 inches by 4 inches; (e) Two gauze compresses—3 inches by 3 inches; (f) Three gauze compresses—24 inches by 72 inches; (g) Two triangular bandages—40 inches; (h) One gauze bandage—2 inches by 6 yards; (i) One wire splint; (j) Two tourniquets; (k) One pair of forceps; (l) One pair of scissors; (m) Unit kit—empty. | (2) First aid kit contents: (a) Are missing; (b) Are not readily accessible; (c) Package seals are broken; (d) Not readily identifiable. |
| (3) Tire Chains: When tire chains are required, inspect for presence and condition of tire chains. | (3) Tire chains: (a) Are missing, when required; (b) Are not serviceable; (c) Are not proper size. |
E. Warning Devices.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| Inspect for presence, condition, and accessibility of: (1) At least three red electric lanterns or three red emergency reflectors which meet Bureau of Motor Carrier Safety Standards; | Warning devices: (1) Are missing, do not function as designed, or are not of an approved type; |
| (2) At least three red-burning fuses, 30-minute stand-up type, stored in a canister near the driver. | (2) Are improperly stored; (3) Are not readily accessible. |
F. Color.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| Color—Inspect for proper color: | Colors do not match standard. |
| (1) Body—National School Bus Yellow; | |
| (2) Lettering, body trim, and bumpers shall be black. Bumpers may be covered with a retroreflective material. | |
G. Signs and Lettering.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| Signs and Lettering—Inspect for Lettering: | |
| (1) “SCHOOL BUS” front and rear (8 inch by 1 inch stroke black lettering mounted as high as possible); | (1) When required, are missing, illegible, or obscured. (2) Are not proper size or color. |
| (2) “EMERGENCY DOOR OR EXIT” inside and outside (2 inch by 3/8 inch stroke black lettering, mounted directly above the door or on the door above the glass); | (3) Are not located as required or permitted. |
| (3) Operation of Emergency Door or Exit Latch (6 inch black arrow by 3/4 inch stroke indicating direction to release door or exit, inside and outside; | |
| (4) “STOP ON SIGNAL” when required (4 inch by 3/4 inch stroke black lettering below rear window); | |
| (5) Side Emergency Windows (if equipped): (a) “EMERGENCY EXIT” (2 inch by 3/8 inch stroke black lettering, mounted directly above the emergency exit on both the inside and outside surfaces of the bus); (b) Operating instructions necessary to unlatch and open emergency exit shall be in letters of a color that contrasts with its background and located within 6 inches of the release mechanism on the inside surface of the vehicle (A decal containing the instructions may be placed on the window. For buses manufactured after July 31, 2009, the decal shall be transparent except for the lettering.); | |
| (6) Rear Emergency Window (if equipped): (a) “EMERGENCY EXIT” (at least 2 inch by 3/8 inch stroke black lettering, mounted above the window on the inside of the vehicle and above or below the window on the outside of the vehicle); (b) Operating instructions necessary to unlatch and open emergency exit shall be in letters of a color that contrasts with its background and located within 6 inches of the release mechanism on the inside and outside surface of the vehicle (Decals containing the instructions may be placed on the window. For buses manufactured after July 31, 2009, the decal shall be transparent except for the lettering.); | |
| (7) Roof Vent/Emergency Exit: (a) “EMERGENCY EXIT” (in letters at least 2 inches high, of a color that contrasts with its background and located on an inside and outside surface of the exit, or within 12 inches of the roof exit opening); (b) Operating instructions necessary to unlatch and open emergency exit shall be in letters of a color that contrasts with its background and located within 6 inches of the release mechanism on the inside and outside surface of the vehicle. | |
H. Retro-Reflective Tape.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| Retro-Reflective Tape: Each opening for a required emergency exit on a school vehicle manufactured after May 2, 1994 shall be outlined around its outside perimeter with yellow retro-reflective tape having a minimum width of 1 inch. | Retro-reflective tape: (1) Is missing when required, or is loose, defective or obscured; (2) Is not the proper size or color; (3) Is not located as required. |
I. Identification. Inspect for presence, size, and condition of required or permitted identification.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Required: (a) Vehicles owned by local Boards of Education: | Identification: (1) When required, is missing, illegible, or obscured; |
| (i) Name of school system (both sides of vehicle 6-1/2 inches high by 1 inch stroke), (ii) Identification number (all four sides 6 inches high by 3/4 inch stroke visible directly from the front, rear, and each side); | (2) Is not proper size; (3) Is not located where required or permitted; (4) Is not required or permitted. |
| (b) Vehicles contracted to local Boards of Education: (i) Contractor's name (to rear of entrance door 3 inches high by 1/2 inch stroke in a 16 inch x 30 inch area), (ii) Identification number (all four sides 6 inches high by 3/4 inch stroke visible directly from the front, rear, and each side; | |
| (c) All other vehicles: (i) Owner's name (to rear of entrance door 3 inches high by 1/2 inch stroke), (ii) Identification number (all four sides 6 inches high by 3/4 inch stroke visible directly from the front, rear, and each side). | |
| (2) Permitted: (a) ICC number (to rear of entrance door 3 inches high by 1/2 inch stroke); (b) Address of owner (to rear of entrance door 3 inches high by 1/2 inch stroke); (c) Telephone number of owner (to rear of entrance door 3 inches high by 1/2 inch stroke). | |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.15** Mirrors. {#sec-11.14.04.15 omnilex-key=us-md-regs-official--title-11--11.14.04.15}
A. Outside Mirrors. Every vehicle shall be equipped with an outside rearview mirror on the driver's side providing a view of the highway for a distance of at least 200 feet to the rear. Every school vehicle shall be equipped with at least one convex mirror, not less than 7-1/2 inches in diameter, which shall be firmly mounted on the left front corner forward of the seated driver so that he may observe a reflection of the road from the front bumper to a point where direct observation is possible. One outside rearview mirror on each side of a school vehicle shall be mounted forward of the driver's seat and have an area not less than 50 square inches (minimum 5 inches wide by 10 inches high). Additionally on school vehicles manufactured after December 31, 1972, there shall be on each side of the vehicle a convex mirror of not less than 20 square inches of reflective surface. The convex mirrors may be incorporated in the plain rearview mirror provided the plain view reflective area is not reduced, or they may be mounted independently. Either type shall be independently adjustable.
| Procedures | Reject Vehicle If: |
| --- | --- |
| (1) Rearview Mirror or Mirrors: From the driver's position, visually inspect all exterior mirrors for a clear and reasonably unobstructed view to the rear. Look for correct location, stable mounting, cracks, sharp edges, unnecessary protrusions, ease of adjustment and ability to hold an adjustment. (2) Outside Crossview Mirror: (convex) (applicable to school vehicles only): From the driver's seat visually inspect the exterior crossview mirror for unobstructed view of area forward of seated driver which is not directly observable. | (1) Mirror: (a) Is missing (when required); (b) Mounting is loose so that rear vision is impaired; (c) Is obscured by windshield pillar or unwiped portion of the windshield; (d) Is cracked, pitted, or clouded to the extent that rear vision is obscured; (e) Does not provide an unobstructed view to the rear; (f) Cannot be adjusted or will not hold an adjustment; (g) Does not meet minimum size requirements (school vehicles only). |
B. Inside Mirrors. Every vehicle shall be equipped with an inside rearview mirror except as noted in §B(1) and (2). The inside rearview mirror shall be clear view glass and adjustable, and provide a clear stable reflected view 200 feet to the rear. School vehicles shall be equipped with a mirror 6 inches by 30 inches, metal backed, framed with rounded corners, and firmly mounted as far forward as possible, and provide a clear stable reflected view of the road surface to the rear of the vehicle for a continual distance beginning not more than 200 feet to the rear.
| Procedures | Reject Vehicle If: |
| --- | --- |
| Interior Rearview Mirror: (1) From the driver's position, visually inspect interior mirror for proper mounting, location, cracks, sharp edges, ease of adjustment and ability to hold an adjustment. | Mirror: (1) Is missing (when required); |
| (2) If vehicle is originally designed or constructed so that the view through an inside rearview mirror is obstructed, or the vehicle is equipped with tinting, stickers, etc., on the window behind the driver, the inside rearview mirror is not required. However, the vehicle shall be equipped with outside rearview mirrors on both sides (not applicable to school vehicles). | (2) Mounting is loose so that rear vision is impaired; (3) Is cracked, pitted, or clouded to the extent that rear vision is obscured; (4) Does not provide an unobstructed view to the rear; (5) Cannot be adjusted or will not hold an adjustment; (6) Does not meet minimum size requirements (school vehicles only). |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.16** Vehicle Glazing. {#sec-11.14.04.16 omnilex-key=us-md-regs-official--title-11--11.14.04.16}
A. Safety glazing material is marked with the manufacturer's distinctive designation or trademark, model number and the letters “AS” followed by a number from 1 through 16B, which indicates where the glazing may be used on the vehicle. Safety glazing material also has the symbol “DOT” (Department of Transportation) and a manufacturer’s code mark that the NHTSA (National Highway Traffic Safety Administration) assigns to the manufacturer. Any questions regarding glazing shall be referred to the Automotive Safety Enforcement Division of the Department of State Police.
B. Proper Marking and Operation.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Proper Marking: Inspect glazing material for proper markings. The following is a brief list of “AS” markings and applications. | (1) Improper or unmarked glazing materials are used for specific positions. |
| Safety glazing material marked: (a) AS-1 is used in the windshield and may be used anywhere in a motor vehicle. (b) AS-2 may be used anywhere in a motor vehicle except for the windshield. (c) AS-3 may be used in windows to the rear of the driver in trucks, truck tractors, buses and multipurpose passenger vehicles. The vehicle must be equipped with an outside rearview mirror on each side. (d) AS-10 may be used where bullet resistance is required anywhere in a motor vehicle including the windshield. | |
| (2) Window on Driver's Side: Inspect operation of window at driver's side. Window shall open and close readily even though the vehicle has approved turn signals. | (2) Window on driver's side does not open and close as designed to permit arm signals. |
| (3) Side Windows, Emergency Window Exits, and Roof Vent/Emergency Exits (school vehicles only): | (3) Side Windows, Emergency Window Exits, and Roof Vent/Emergency Exits (school vehicles only): |
| (a) Side Windows. (i) Open and close each passenger compartment side window and inspect for proper operation. (ii) Inspect passenger compartment side windows for unframed exposed edges of glass. (b) Side Emergency Windows (if equipped). (i) Inspect inside release mechanism. (ii) Check operation. (iii) Check function of audible signal. (c) Rear Emergency Window (if equipped). (i) Inspect inside and outside release mechanism. (ii) Check operation. (iii) Check function of audible signal. (d) Roof Vent/Emergency Exit. (i) Inspect release mechanism. (ii) Check operation. (iii) If equipped, check function of audible signal. | (a) Side Windows. (i) Any side window fails to function as designed. (ii) Any exposed edges of glass are not framed or framing is loose or broken. (b) Side Emergency Windows (if equipped). (i) Window release mechanism is loose or broken. (ii) Window will not operate properly. (iii) Audible signal fails to function in driver’s compartment and indicate to the seated driver when the engine is running a distinctive audible signal when release mechanism is moved, or sounds continuously when release mechanism is latched. (c) Rear Emergency Window (if equipped). (i) Window release mechanism is loose or broken. (ii) Window will not operate property. (iii) Audible signal fails to function in driver’s compartment and indicate to the seated driver when the engine is running a distinctive audible signal when release mechanism is moved, or sounds continuously when release mechanism is latched. (d) Roof Vent/Emergency Exit. (i) Release mechanism is loose or broken. (ii) Fails to operate properly. (iii) Audible signal, if equipped, fails to function in driver’s compartment and indicate to the seated driver when the engine is running a distinctive audible signal when release mechanism is moved, or sounds continuously when release mechanism is latched. |
C. Signs and Materials on Windshield or Windows. Inspect all glazing for unauthorized material or conditions that obscure the driver's vision.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Except as provided in §C(2) of this regulation, a vehicle may not be equipped with any sign, poster, card, sticker, or other nontransparent material on the windshield, side wings, or side or rear windows of the vehicle. (2) This does not apply to: (a) Materials placed on the windshield or rear window, within a 7 inch square area in the lower corner, or on the side windows of the vehicle to the rear of the driver, if the materials are placed so as not to interfere with the driver’s clear view of traffic; (b) Direction, destination, or termini signs on any passenger common carrier motor vehicle; (c) An electronic toll collection device placed in the windshield of a vehicle in accordance with guidelines established by the Maryland Transportation Authority; or (d) Security stickers authorized by a federal or State government agency that measure not more than 2 inches high and not more than 4 inches long, and are placed at the upper edge of the center of the windshield. (3) All vehicles equipped with permitted signs, posters, cards, stickers or other nontransparent materials on windows to the rear of the driver must be equipped with an outside rearview mirror on each side. | (1) (a) Glazed surfaces contain any sign, poster, card, decal, sticker, or other nontransparent material in violation of this regulation. (b) Driver’s vision is obscured. (c) Equipped with permitted signs, posters, cards, stickers, or other nontransparent materials on windows to the rear of the driver and not equipped with an outside rearview mirror on each side. |
D. Post Manufacture Window Tinting.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect all glazing for the application of post manufacture window tint. The following post manufacture window tint is prohibited on any window or windshield of any vehicle. Window tint that: (a) Has a mirrored or one-way vision effect or a sparkling effect; (b) Is red, yellow, or amber in color; or (c) Changes to a red, yellow, or amber color. | (1) Any glazing contains post manufacture window tint that causes a mirrored or one-way vision effect, a sparkling effect, is a prohibited color, or changes to a prohibited color. |
| (2) Post manufacture window tint is prohibited on the following vehicles in the listed locations: (a) The application of post manufacture window tint to the windshield or windows to the immediate right and left of the driver is prohibited on the following vehicles: (i) Trucks, truck tractors and buses; (ii) Multipurpose passenger vehicles which have a seating capacity for 16 or more passengers including the driver, or were previously registered as a school vehicle or a passenger bus, and used to primarily transport passengers, or used in the furtherance of a commercial enterprise; and (iii) Limousines. (b) Windows of these vehicles to the rear of the driver may be tinted with post manufacture window tint to any degree of darkness provided the vehicle is equipped with an outside rearview mirror on each side. | (2) (a) Post manufacture window tint is applied to glazing in violation of this regulation. (b) Equipped with permitted post manufacture window tint on any side or rear window and is not equipped with an outside rearview mirror on each side. |
| (3) Post manufacture window tint is prohibited on all windows and windshield of a school vehicle. | (3) Post manufacture window tint is applied to glazing in violation of this regulation. |
| (4) Post manufacture window tint is acceptable on the following vehicles in the listed locations: (a) All other multipurpose passenger vehicles. (i) All side windows of these vehicles to the immediate right and left of the driver are regulated windows requiring at least 35 percent light transmittance after the application of post manufacture window tint. (ii) Windshield. Post manufacture window tint may not be applied to the windshield below the AS1 line or below 5 inches from the top of the windshield, whichever is less. (iii) Windows of these vehicles to the rear of the driver may be tinted with post manufacture window tint to any degree of darkness. (iv) When equipped with permitted post manufacture window tint on any side or rear window, the vehicle must be equipped with an outside rearview mirror on each side. (b) Inspect the light transmittance of each vehicle window equipped with post manufacture window tint and required to have at least 35 percent light transmittance after the application of post manufacture window tint. | (4) (a) Post manufacture window tint is applied to glazing in violation of this regulation. (b) Equipped with permitted post manufacture window tint on any side or rear window and is not equipped with an outside rearview mirror on each side. |
| (5) Tint Manufacturer’s Labels (if equipped): Tint manufacturer’s labels may not be of a size or positioned in a manner that affects the driver’s vision or obscures the glazing manufacturer’s trademark or AS indicator. | (5) Tint manufacturer label, if equipped, is of a size or positioned in a manner that affects the driver’s vision or obscures the glazing manufacturer’s trademark or AS indicator. |
| (6) Medical Exemption. (Applicable only to multipurpose passenger vehicles noted in §D(4) of this regulation.) Transportation Article, §22-406, Annotated Code of Maryland, provides an exemption for a person who must be protected from the sun for medical reasons from having a light transmittance of at least 35 percent on regulated windows equipped with post manufacture window tint. The law requires the owner to have, in the vehicle at the time the vehicle is stopped by a police officer, a written certification that details the owner’s medical need for tinted windows, from a physician licensed to practice medicine in the State. A vehicle owner whose vehicle is undergoing an inspection, or has been issued a safety equipment repair order for defect #61 “TINT”, and indicates to the authorized inspection station their compliance with a medical exemption, shall be referred to the Automotive Safety Enforcement Division of the Department of State Police for examination of the vehicle owner’s medical documentation and the vehicle’s post manufacture window tint. If the owner meets the requirements specified in Transportation Article, §22-406, Annotated Code of Maryland, for the medical exemption and the vehicle is compliant with all post manufacture window tinting regulations in this chapter, excluding the light transmittance requirement of regulated windows equipped with post manufacture window tint, the Division, when applicable, shall be authorized to: (a) Issue a post manufacture window tint medical exemption form to be provided to the authorized inspection station performing an inspection of the vehicle which shall permit the registered inspection mechanic to exempt the vehicle's windows equipped with post manufacture window tint from meeting the light transmittance requirement; or (b) Certify the safety equipment repair order for defect #61 “TINT”. | |
E. Definitions.
(1) “Acute area” means the windshield area 8 inches wide by 5 inches high, located directly in front of the driver, centered vertically on the steering wheel of the vehicle and horizontally in the center of the critical area.
(2) “Cloudiness” means any degree of visible discoloration or separation, except tinting that does not affect clear vision.
(3) “Critical area” means the normal windshield wiper sweep, except the area obscured by the hood, fenders, or rearview mirror.
(4) “Discoloration” means a condition which impairs the transparency of the glazing.
(5) “Non-critical area” means all windshield area outside the critical area.
(6) “Normal windshield wiper sweep” means the area of the windshield cleaned by the windshield wiper, excluding the return position on both passenger's and driver's sides.
F. Glazing Damage.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect all windows for modification, damage, sharp edges, and discoloration of the glazing. | (1) (a) Any window is missing, modified, broken or has exposed sharp edges. |
| | (b) There are cracks, discoloration, scratches, or conditions which interfere with the driver's view to the right or left. (c) The rear window is discolored so that the driver does not have a clear view 200 feet to the rear of the vehicle. (d) The driver's view to the rear is obscured or obstructed and the vehicle is not equipped with an outside rearview mirror on each side. |
| (2) Windshield: Inspect windshield for modification and any cracks, nicks, pits, chips, star breaks, half moons or bull's-eye fractures, discoloration, sharp edges, and wiper blade scratches. | (2) Windshield: |
| | (a) Is missing or has been modified. (b) Driver's Side: (i) Cloudiness exceeds 1 inch from the top or side or 1 inch into the critical area from the bottom. If the windshield is divided, the cloudiness may not exceed 1/2 inch from the center divider. (ii) Acute area contains any one crack, nick, pit, chip, star break, half moon or bull's-eye fracture in excess of 1/4 inch in diameter or length, or any combination of individual cracks, nicks, pits, chips, star breaks, half moons or bull's-eye fractures which cumulatively exceed 1/4 inch in diameter or length, or any permanent condition which significantly interferes with the driver's vision. (iii) Critical area contains wiper blade scratches which are severe enough to distort vision, or any one crack, nick, pit, chip, star break, half moon or bull's-eye fracture in excess of 1/2 inch in diameter or length, or any combination of individual cracks, nicks, pits, chips, star breaks, half moons or bull's-eye fractures which cumulatively exceed 1/2 inch in diameter or length, or any permanent condition which significantly interferes with the driver's vision except in the permitted cloudy area. (iv) Non-critical area contains any intersecting cracks or any one crack or combination of individual cracks extending inward more than 2 inches separately or cumulatively from the outer frame on flat or curved windshields or over 4 inches on wraparound windshields, or any one crack, nick, pit, chip, star break, half moon or bull's-eye fracture in excess of 3/4 inch in diameter or length, or any combination of individual cracks, nicks, pits, chips, star breaks, half moons or bull's-eye fractures which cumulatively exceed 3/4 inch in diameter or length, or any permanent condition which significantly interferes with the driver's vision except in the permitted cloudy area. (c) Passenger Side: (i) Cloudiness exceeds 2 inches from the top or side or extends more than 2 inches into the critical area from the bottom. If the windshield is divided, the cloudiness may not exceed 1/2 inch from the center divider. (ii) Critical area contains wiper blade scratches which are severe enough to distort vision, or any one crack, nick, pit, chip, star break, half moon or bull's-eye fracture in excess of 1/2 inch in diameter or length, or any combination of individual cracks, nicks, pits, chips, star breaks, half moons or bull's-eye fractures which cumulatively exceed 1/2 inch in diameter or length, or any permanent condition which significantly interferes with the driver's vision except in the permitted cloudy area. (iii) Non-critical area contains any intersecting cracks or any one crack or combination of individual cracks extending inward more than 4 inches separately or cumulatively from the outer frame on flat or curved windshields or over 6 inches on wraparound windshields, or any one crack, nick, pit, chip, star break, half moon or bull's-eye fracture in excess of 1-1/2 inches in diameter or length, or any combination of individual cracks, nicks, pits, chips, star breaks, half moons or bull's-eye fractures which cumulatively exceed 1-1/2 inches in diameter or length, or any permanent condition which significantly interferes with the driver's vision except in the permitted cloudy area. |
Figure 32—VEHICLE GLAZING.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.17** Windshield Wipers and Washers. {#sec-11.14.04.17 omnilex-key=us-md-regs-official--title-11--11.14.04.17}
A. The windshield wipers shall be inspected for operation, control, condition of blades and arms, or any missing part.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Windshield Wipers: (a) Inspect for satisfactory operation (if vacuum operated, engine shall be idling and control full on). Windshield shall be free of insects, oil film, or other foreign matter, and should be continuously wet when tested. Wetting the windshield during school vehicle inspection may be waived if water is unavailable or the outside temperature is freezing or below. (b) Inspect for damaged, torn, or hardened rubber elements of blades. (c) Inspect for damaged metal parts of wiper blades or arms. (d) Inspect for proper contact of blades with windshield. Raise arm away from windshield and release. Arm should return to original position and cause the wiper blades to firmly contact the windshield. | (1) (a) Wipers are inoperative or cannot be controlled or operated by the driver. (b) A wiper blade is broken or missing. (c) There is insufficient tension of arm to hold blade against windshield. (d) There are worn or deteriorated blades that do not clean the windshield (within 5 cycles applicable to school vehicles only). (e) Wiper arms and blades are not the original size. (f) Not equipped with on/off switch within arm's length of driver. (g) Arm or arms fail to return to park position. |
| (2) Windshield Washers (school vehicles only). Inspect for proper operation of hand or foot control and an effective amount of fluid delivered to the outside of the windshield. System shall function when temperature is both above and below freezing point of water. | (2) (a) Reservoir is empty. (b) System fails to function. (c) Fluid in system is frozen. (d) System does not provide fluid to the wiper area. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.18** Hood and Catches. {#sec-11.14.04.18 omnilex-key=us-md-regs-official--title-11--11.14.04.18}
A. Inspection shall consist of operation and presence of catches and safety catches, insuring that the hood covers at least the top part of the engine compartment; and if equipped with an air scoop or bubble, it does not extend higher than 1/3 the vertical height of the windshield.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Open hood and inspect safety catch for proper operation. Close hood and inspect for proper full closure. Manually inspect latch or remote control for proper operation (if engine is rear mounted, make a similar inspection of engine compartment and hood door). Stud and safety pin-type latch are acceptable provided pressure is necessary to remove the pin from the stud. If tilt cab vehicle, inspect locking and safety mechanism of the cab. | (1) Hood does not cover at least the top of the engine compartment (full hood is required on school vehicles). (2) Air scoop or bubble is higher than 1/3 the vertical height of the windshield. (3) Hood latch and keeper not original equipment or equivalent. (4) Hood is not equipped with a proper operating safety latch. |
| (2) Inspect for height of air scoop or bubble. (3) On vehicles where the engine extends inside the vehicle, the interior engine cover shall be inspected for proper sealing. | (5) Latch and release mechanism of hood, engine cover, or tilt cab is broken, missing, or improperly adjusted, preventing the hood from being opened or closed, the engine cover from being removed or replaced or the tilt cab from being raised or lowered. |
| | (6) Interior engine cover is not properly sealed to prevent the entrance of engine fumes or exhaust gages into the vehicle. |
Figure 33—HOOD SCOOP HEIGHT.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.19** Doors, Handles, and Latches. {#sec-11.14.04.19 omnilex-key=us-md-regs-official--title-11--11.14.04.19}
A. Inspection of doors, handles, latches, and hinges applies to all vehicles originally manufactured with doors and all other vehicles which are equipped doors.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect all doors, latches, hinges, and handles for broken or missing parts, proper operation, and improper adjustment (open and close doors). Electric push button or ring and cable means of opening the door are acceptable provided they are readily accessible. | (1) Doors or door parts are missing, broken, or sagging so that the door cannot be tightly closed. (2) Latch or handle not original equipment or equivalent. (3) Door handle and latch do not provide a means of readily opening door. (4) Secondary or safety catch does not function properly. |
B. Doors—Service, Emergency (applicable to school vehicles only). Service doors may be split-type, sedan-type, or jackknife-type with vertical closing edges covered with flexible material.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Service Door: (a) From driver's position, inspect function of opening and closing operation; (b) If door is equipped with a lock, determine if engine will start with door locked; check operation of audiovisual alarm with door locked; (c) Inspect condition of flexible material on vertical closing edges (when applicable). | (1) Service Door: (a) Power or manual opening and closing device shows evidence of binding, jamming, excessive wear, or malfunction; (b) Door is equipped with a lock and engine starts with door locked or audiovisual alarm fails to function with door locked and ignition switch on; (c) Flexible material is loose, torn, or missing (when applicable). |
| (2) Emergency Door: (a) Inspect for clear passageway to door; (b) Inspect inside and outside quick release mechanism; (c) Check length of stroke on slide bar or cam operated lock; (d) Check function of buzzer indicating door is not fully closed; (e) Inspect emergency red identification light (if equipped); (f) Inspect emergency door gaskets. | (2) Emergency Door: (a) Passageway to emergency door is blocked or restricted in any manner to less than 12 inches wide; (b) Door release mechanism fails to release when activated from inside and outside of the bus or if it opens without activating a release; (c) Latch will not hold the door tightly closed; (d) Slide bar has less than 1 inch stroke length; (e) Buzzer fails to function in driver's compartment and indicate to the seated driver when the engine is running a distinctive audible signal when slide bar is moved; (f) Red identification light fails to function when the headlamps or parking lamps are activated; (g) Gaskets are torn, loose, or missing. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.20** Floor and Trunk Pans. {#sec-11.14.04.20 omnilex-key=us-md-regs-official--title-11--11.14.04.20}
A. Floor and trunk pans shall be inspected for holes or rusted and weakened conditions.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect floor pan in occupant compartment (cab) or in cargo areas open to the occupant compartment for rusted out areas or holes which could permit entry of exhaust gases, which could not support occupants, or which affect secure mounting of seats. | (1) Floor pan (or floor) is cracked, has holes or is rusted through or weakened to cause a hazard to an occupant, permits exhaust gases or engine fumes to enter an occupant compartment, or affects secure mounting of seats. |
| (2) Inspect trunk pans for rusted out areas, holes, or openings which would permit entry of exhaust gases. | (2) Trunk pans are rusted out, contain holes or openings. |
| (3) Inspect floor covering for presence, adhesion, hazardous conditions, and sealing (applicable to school vehicles only). | (3) Floor covering of school vehicle is missing, cracked, curled, or worn; not properly sealed or attached; or presents a tripping hazard. |
| (4) Inspect engine cover on COE and COF vehicles for rusted-out areas or holes which could permit entry of exhaust gases into the cab. | (4) Engine cover is not properly sealed or has rusted-out areas or holes which could permit entry of exhaust gases into the cab. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.21** Speedometer and Odometer. {#sec-11.14.04.21 omnilex-key=us-md-regs-official--title-11--11.14.04.21}
A. Speedometer, odometer, or hubometer will be inspected to determine if they are connected and operable, the dial and calibrations are legible, and calibrated in miles or kilometers.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect speedometer and odometer for operation and legibility. Speedometer must register speed and odometer must register distance traveled. The speedometer may register speed in miles per hour or kilometers per hour or both and odometer may register distance traveled in miles or kilometers. If the odometer records a distance in kilometers, the vehicle shall be placarded in view of the driver with a wording “kilometers divided by 1.609 equals miles”. | (1) Speedometer or odometer, or both, are disconnected or inoperable. (2) Dial and calibrations not legible. (3) Speedometer does not register speed in miles per hour or kilometers or both. (4) Odometer does not register distance traveled. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.22** Preventive Maintenance — Applicable to School Vehicles Only. {#sec-11.14.04.22 omnilex-key=us-md-regs-official--title-11--11.14.04.22}
A. The vehicle owner shall establish a preventive maintenance program recording inspection, repairs, and maintenance by vehicle number, and include at least annually a complete preventive maintenance inspection, to assure that each vehicle is in compliance with all sections of this handbook pertaining to school vehicles. When the wheels have been removed for inspection or maintenance, and after the wheels have been replaced, the vehicle shall be test-driven to assure there is no brake imbalance before the vehicle is released for pupil transportation. Before September of each year, the Administration shall determine that the annual preventive maintenance inspection on each vehicle has been performed within the previous 12 months, repaired or replaced systems or parts are operating properly, and the condition of the vehicle is in accordance with the established standards. The Administration may require a wheel or wheels to be pulled by the vehicle owners or mechanic, to verify condition and repair of brake and other systems. In the event of a change of vehicle ownership and before the vehicle is authorized to transport school children, the Administration may require a preventive maintenance inspection and accomplishment of any maintenance found necessary.
B. Preventive Maintenance Inspection.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect program for technical adequacy and for compliance with accepted standards. | (1) Preventive maintenance inspection has not been performed as required. |
| (2) Inspect vehicle records for compliance with minimum requirements of established standards. Each entry should be checked against the actual condition of the item. | (2) Records are unavailable or do not substantiate inspections, repairs, or maintenance performed as required. |
| (3) Verify the vehicle preventive maintenance inspection certification. | |
| (4) A preventive maintenance inspection shall include compliance with all items listed in the handbook. | |
C. Regular Inspection. Regular inspections shall be performed twice annually as required.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Regular inspections shall include the items in the preventive maintenance inspection except pulling wheels and checking brake linings, pads, and drums. | (1) Regular inspection has not been performed as required. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.04.23** Load Covers. {#sec-11.14.04.23 omnilex-key=us-md-regs-official--title-11--11.14.04.23}
A. This regulation does not apply to a:
(1) Class K (farm area) vehicle as defined in Transportation Article, §13-935, Annotated Code of Maryland;
(2) Construction vehicle working within the confines of a public works construction work project site as outlined in the construction project's plans and specifications, provided the distance travelled does not exceed 1 mile or the distance specified in an extension granted by the Maryland Department of Transportation;
(3) Construction vehicle or mining equipment while crossing a highway between construction or mining sites; or
(4) Vehicle, within the Port of Baltimore for a distance not to exceed 1 mile, carrying a load of loose material between a stockpile or storage facility and a vessel docked at the Port.
B. This regulation applies to:
(1) Any vehicle, not otherwise exempted, manufactured on or before July 1, 1990 and carrying loose material if any part of the loose material is within 6 inches of the top of any bed enclosure it touches;
(2) Any vehicle, not otherwise exempted, manufactured after July 1, 1990 regardless of the loading of loose material;
(3) After January 1, 1992, any vehicle not otherwise exempted and regardless of loading of loose material.
C. The requirements of this regulation apply only to the issuance and certification of a safety equipment repair order and do not apply to a complete inspection required upon sale or transfer of ownership of a used vehicle. A safety equipment repair order may be certified only if the cover is present, fully covers the top of the bed, and meets the requirements of this regulation.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect cover for presence and size. | (1) Cover is not present or does not fully cover the top of the vehicle bed. |
| (2) Inspect cover for holes, rips, tears, or broken mesh. | (2) Cover contains holes, rips, tears, or broken mesh which would permit any part of the load to blow, fall, or spill from the bed. |
| (3) Inspect cover for proper mounting. | (3) Cover is not securely attached to the bed. |
| (4) Inspect securement hardware for presence and condition. | (4) Securement hardware is missing, broken, or damaged. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Chapter revised effective October 3, 1980 (7:20 Md. R. 1880)*
- *Administrative History: Chapter revised effective October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .02 amended effective October 9, 1995 (22:20 Md. R. 1544)*
- *Administrative History: Regulation .05 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .06 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .10 amended effective April 1, 1991 (18:6 Md. R. 686)*
- *Administrative History: Regulation .14 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .16 amended effective April 1, 1991 (18:6 Md. R. 686); August 21, 2000 (27:16 Md. R. 1526); February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .19 amended effective February 1, 2012 (39:1 Md. R. 18)*
- *Administrative History: Regulation .23 adopted effective April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
### **11.14.05** Safety Standards for Trailers
##### **COMAR 11.14.05.01** Applicability. {#sec-11.14.05.01 omnilex-key=us-md-regs-official--title-11--11.14.05.01}
The standards, requirements, and procedures set forth in this chapter are applicable to equipment originally installed by the manufacturer or required by federal or State requirement on trailers (including pole trailers, semitrailers, camping trailers, trailers so designed or manufactured for the purpose of moving modular homes, travel trailers) and any questions regarding these standards or specifications shall be referred to the Automotive Safety Enforcement Division of the Maryland State Police. Any person constructing or reconstructing a vehicle shall assure the vehicle meets or exceeds all applicable federal and State safety standards.
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10 Safety Standards for Trailers adopted effective*
- *Administrative History: October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .11 adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.05.02** Hitches or Coupling Devices. {#sec-11.14.05.02 omnilex-key=us-md-regs-official--title-11--11.14.05.02}
Inspect hitches, coupling devices, tongues, or drawbars on trailers and semitrailers for proper alignment, distortion, deformation, cracks, or missing parts. On vehicles equipped with a ball-type hitch, pintle hood, or drawbar means of attachment, inspect for presence, attachment, and size of safety chains or cables.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| A. Inspect hitches, couplers, tongues, or drawbars on trailers and semitrailers for: | A. |
| (1) Proper alignment, distortion, deformation, cracks, or missing parts; | (1) Hitch, coupler, tongue, or drawbar is improperly aligned, distorted, deformed, has any cracks or missing parts. |
| (2) Presence and strength of safety chains or cables on vehicles equipped for a ball and hitch, pintle hook, or drawbar means of attachment. | (2) Safety chains or cables on vehicles equipped for a ball and hitch, pintle hook, or drawbar means of attachment are severely worn, missing, broken, or not of sufficient strength to support the vehicle in the event the primary attachment device becomes uncoupled. |
| B. On trailers or semitrailers to be coupled to a towing vehicle with a fifth wheel, inspect king pin for excessive wear. | (3) Wear on king pin exceeds manufacturer's allowable tolerance. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10 Safety Standards for Trailers adopted effective*
- *Administrative History: October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .11 adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.05.03** Suspension and Alignment. {#sec-11.14.05.03 omnilex-key=us-md-regs-official--title-11--11.14.05.03}
A. Suspension. Inspect the suspension system for missing, broken, damaged, worn, rusted, or modified wheel bearings, springs, or frame that would affect vehicle stability.
(1) Wheel Bearings. Wheel bearings out of adjustment can cause wander, unequal brake action, and noise due to interference of parts.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| Wheel Bearings: With the vehicle lifted, grasp the tire top and bottom and rock it in and out. To verity that any looseness detected is in the wheel bearing, notice the movement between the brake drum or disc and the backing plate or splash shield. | Wheel bearings are loose, rough, galled, or otherwise defective. |
(2) Springs.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| With vehicle on a level surface, visually inspect the heights of the four corners of the vehicle. If necessary, use a measuring device and determine differences from side to side. Visually inspect for broken or damaged spring leaves. Inspect spring shackles, bushings, and U-bolts. | (a) Any spring, main, or torque leaf is broken. (b) Any spring with more than four leaves has two or more broken leaves. (c) Any spring with four or less leaves has a broken leaf. (d) Any spring center bolt is broken. |
| | (e) Shackles or U-bolts are missing, broken, worn, loose, or extended. |
| | (f) U-bolts are not of sufficient length to protrude at least 1/4 inch beyond nut when tightened. |
| | (g) Any object or equipment extends below the bottom edge of wheel rim. |
| | (h) Frame is rusted, broken, or damaged, or axle mounting points are rusted, broken, or damaged to affect suspension or axle mounting; or the frame has been repaired and not fishplated; or the body is not attached securely to the frame. |
(3) Air Suspension. Some trailers and semitrailers may be equipped with air suspension systems. Inspection of the system consists of checking for air leaks, proper height, and ride level. CAUTION: The inspector should not use a creeper under the vehicle unless the vehicle is properly jacked and supported.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) With entire system drained of air, and while observing the brake air pressure gauge of the towing vehicle, determine pressure at which air begins to lift the vehicle. Pressure regulator valve should not allow air into the suspension system until at least 55 psi is in the braking system. | (a) Air begins to lift the vehicle before 55 psi is indicated on the pressure gauge. (b) Air leakage rate is greater than 3 psi in 5 minutes. (c) Vehicle is resting on one or both axles or the vehicle is not level (is listing to right or left). |
| (b) With air system at normal operating pressure, inspect hoses, connection, and bellows for leaks and excessive deterioration (apply service brakes fully). | |
| (c) With air at normal operating pressure, observe height and level of vehicle relative to ground surface (this will indicate function of pressure regulator and height control valves). | |
(4) Shock Absorbers (if equipped).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) With vehicle on level surface, push down on each corner of the vehicle and release (if possible). | (a) Vehicle continues free rocking motion for two cycles after release, or shock absorbers are worn, damaged, or leaking to the extent vehicle stability is affected. |
| (b) With vehicle jacked, visually inspect for missing, broken, loose, or damaged shock absorbers, mounting brackets, bolts and bushings, and excessive leakage. | (b) Shock absorbers, mounting bolts, or mounts are missing, broken, or loose. (c) Severe leakage (not slight dampness) is present. |
| | (d) Any bushing is missing any portion of the bushing or is damaged, deteriorated, or dry rotted to a point that the bushing is broken or loose. |
B. Alignment. Inspect axles for broken, damaged, worn, rusted, bent, or modified axle beams, spindles, or mountings that affect wheel alignment, tracking, toe-in, caster, or camber enough to affect vehicle stability.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| Visually inspect axles for broken, damaged, worn, rusted, bent, or modified beams, spindles, or mountings. | Any axle beam, spindle, or mounting is broken, damaged, rusted, bent, or modified to the extent that wheel alignment, tracking, toe-in, caster, or camber is severe enough to affect vehicle stability. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10 Safety Standards for Trailers adopted effective*
- *Administrative History: October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .11 adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.05.04** Brakes. {#sec-11.14.05.04 omnilex-key=us-md-regs-official--title-11--11.14.05.04}
Trailers and semitrailers to be registered up to 3,000 pounds GVWR are not required to be equipped with brakes. However, if such a trailer or semitrailer is equipped with brakes, all brakes shall meet minimum standards. Trailers and semitrailers to be registered from 3,001 pounds GVWR to 10,000 pounds GVWR shall be equipped with brakes on all wheels of at least one axle. Trailers and semitrailers to be registered over 10,000 pounds GVWR shall have brakes on all wheels. At least one wheel and drum shall be removed from each axle equipped with drum brakes. On disc brakes only wheel assembly removal is necessary. On trailers and semitrailers with brakes on more than one axle, wheel assembly removal shall be on alternate sides. Always inspect a brake assembly which shows evidence of leaking fluid or grease.
A. Drums and Discs.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Brake Drums: (a) Inspect the condition of the drum friction surface for any crack extending to the open edge of the drum (short hairline heat cracks should not be considered). (b) Inspect for any crack on the outside of the drum. (c) Inspect for mechanical damage. (d) Inspect for contaminated friction surface. (e) Measure inside diameter of drum. | (1) (a) There is a crack on the friction surface extending to the open edge of the drum. (b) There is any external crack. (c) There is evidence of excessive mechanical damage other than wear. (d) The friction surface is contaminated with oil, grease, or brake fluid. (e) The inside drum diameter is greater than the manufacturer's recommended limit or the diameter stamped on the drum, or if the drum is not stamped, the manufacturer's maximum allowable remachining specification. If the drum is not stamped and no manufacturer's specification exists and the original diameter of the drum can be determined, the inside diameter may be no more than 0.090 inch greater than the original diameter. |
| (2) Brake Discs (if equipped): (a) Inspect for any crack extending to the edge of the disc. (b) Inspect for mechanical damage. (c) Inspect for contaminated friction surface. | (2) (a) There is any crack extending to the edge of the disc. (b) If a crack extends into a weld or more than one-half the outside diameter of a BF Goodrich steel disc. (c) There is evidence of excessive mechanical damage other than wear. (d) The friction surface is contaminated with oil, grease, or brake fluid. (e) The thickness of the disc is less than the manufacturer's recommended limit or the thickness stamped on the disc. |
B. Brake Linings or Pads.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Condition of Linings and Pads: (a) Bonded linings: Measure the lining thickness at the thinnest point. (b) Riveted linings: (i) Inspect for loose or missing rivets; (ii) Measure lining thickness above rivet head at thinnest point. (c) Wire backed linings: Inspect for wire showing in the friction surface. (d) Bolted linings: (i) Inspect for loose or missing bolts; (ii) Measure lining thickness at center of shoe. (e) All linings: Inspect for broken or cracked linings and parts of linings not firmly attached to shoe. Also inspect for contamination and excessively uneven lining wear. (f) Pads (disc brakes): Inspect thickness of friction pads. | (1) (a) Thinnest point of remaining bonded lining is less than 2/32 inch. (b) Riveted linings: (i) Any rivet is loose or missing: (ii) Remaining lining is less than 2/32 inch above any rivet head. (c) Wire backing is visible in the friction surface. (d) Bolted linings: (i) Any fastening parts are loose or missing; (ii) Remaining lining is less than 5/16 inch at center of shoe. (e) (i) Lining is broken, cracked, or not firmly and completely attached to shoe. (ii) Friction surface is contaminated with oil, grease, or brake fluid. (iii) Lining wear is extremely uneven. (f) (i) Any pad is less than 2/32 inch. (ii) Any pad on BF Goodrich Air Actuated Disc Brakes has 1/8 inch or less lining remaining. |
C. Mechanical Linkage.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Condition of mechanical components: (a) Inspect for worn pins and missing or defective cotter pins. (b) Inspect for broken, missing, or worn springs, cables, clevises, couplings, rods, and anchor pins. (c) Inspect for frozen, rusted, or inoperative connections, missing, spring clips, and defective grease retainers. (d) Inspect for restriction of shoe movement at backing plate and for binding between brake shoes and anchor pins. | (1) (a) Mechanical parts are missing, broken, or badly worn. (b) Grease retainers are leaking (dampness is not cause for rejection). (c) Conversion of a self-adjusting mechanism that is not completely converted. |
D. Hydraulic System.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect condition of hydraulic system: (a) Inspect wheel cylinders for leakage and operation. Do not remove dust covers. Leakage can be determined by pushing on the outside of the boot. (b) Inspect hydraulic hoses and brake lines for leaks, cracks, chafing, flattened or restricted sections, and improper support. (c) Inspect master cylinder for leakage and fluid level (be sure no dirt gets into reservoir when cover is removed and that gasket is serviceable). | (1) (a) Any wheel cylinder leaks. (b) Any wheel cylinder fails to operate. (c) Brake hoses or brake lines are cracked, chafed, flattened, restricted; are rusted and pitting is visible; are not securely fastened or lines have not been repaired or replaced with copper tubing or other material not specifically designed for use as hydraulic brake lines. Hoses or brake lines are mounted to contact wheels or body during suspension movement. (d) Master cylinder leaks. (e) Master cylinder fluid level is less than 1/2 full in any section. (f) Master cylinder gasket does not properly seal. |
| (2) If the vehicle is equipped with hydraulic surge brakes, test for functions of brakes by causing brakes to be applied. | (2) (a) Brakes fail to function. (b) Brakes do not remain applied until released. |
E. Air Brake Leakage. Before conducting these inspections, it may be desirable to install in the system an air gauge (0—150 psi) which has 5 or 10 psi increments, so that small changes in pressure can be more easily observed. Also, to eliminate the possibility of leakage being in the system of the towing vehicle, conduct air leakage tests on the uncoupled towing vehicle before inspecting the system of the trailer or semitrailer.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Air leakage in system: Connect trailer or semitrailer air brake system to towing vehicle or independent air supply and inspect for air leakage in two ways: (a) With a fully charged system or independent air supply and record the pressure drop in psi per minute with brakes fully applied; (b) With a fully charged system or independent air supply and record pressure drop in psi per minute with brakes released. | (1) Leakage exceeds the following limits: (a) Brakes fully applied—4 psi per minute (b) Brakes released—3 psi per minute. |
| (2) General condition: (a) Inspect all air hoses, tubes and connections. Check attachment of all connecting lines and look for proper supporting parts. Be sure lines are free from contact with frame, axles, wheels, or other lines. (b) Inspect for leaks that may be heard from valves, diaphragms, piston cups, and connections. | (2) (a) There are leaks, breaks, crimps, or cracks in the air hoses, tubes, or connections. (b) Lines are being chafed by moving parts, frame, or other lines. (c) Leaks in valves, diaphragms, piston cups, or connections can be heard. |
F. Vacuum System.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Condition of vacuum system: Visually inspect system for collapsed, broken, badly chafed, and improperly supported hoses and tubing, and loose or broken hose clamps. | (1) (a) Hoses and tubing are leaking, collapsed, broken, badly chafed, improperly supported, or loose because of broken clamps. (b) Hose or tubing is in good condition but exposed to danger from flying debris or rubbing. |
| (2) Operation of vacuum system: Couple trailer or semitrailer to a vacuum supply and open shutoff valves. Then: (a) If motor vehicle is used, start engine and allow about 1 minute to build vacuum; (b) Apply and release brake pedal a number of times and observe action of brake chamber rods. | (2) (a) Brake chamber rod does not move when brakes are applied or released. (b) Rods do not reach full released position. |
G. Actuator Reserve.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Actuator reserve test: (a) On air or vacuum mechanical brakes, measure the stroke of the air or vacuum chambers from fully released to fully applied position. (b) On air-over-hydraulic brake systems, measure air chamber travel from fully released to fully applied position (some systems include a rod gauge for visual checking). | (1) (a) The push rod travel on S-Cam Brakes exceeds the maximum stroke listed in S-Cam Brakes—Push Travel Limits Chart. (b) Push rod travel on BF Goodrich Air Actuated Disc Brakes exceeds manufacturer's specification. |
| (2) Push rod/slack adjuster angle: Measure push rod/slack adjuster angle with brakes applied. | (2) Push rod/slack adjuster angle is less than 90° with brakes applied. |
| (3) Wedge brake shoe movement: Measure total shoe movement from released to applied positions. | (3) Brake shoe movement on wedge brakes exceeds 1/16 inch. |
Figure 1, chart and diagram.
H. Electric Brakes. Electric brakes are generally used on small and occasionally on large commercial trailers and semitrailers.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Electric brakes—function: (a) Insert a low range DC ammeter into the circuit between the controller and brakes. Ammeter should read “zero” with controller in off position. Gradually apply controller to full “On” position and take maximum ammeter reading. (b) Gradually return controller to full “Off” position. Ammeter should return to “zero”. Divide the maximum ammeter reading by the number of brakes. (c) Inspect for loose or corroded terminal connections and broken, frayed, or unsupported wires. | (1) (a) The maximum amperage per brake is: (i) More than 20 percent above; or (ii) More than 30 percent below brake manufacturer's maximum current rating. (b) Electric terminals are loose or excessively corroded. (c) Wires or connectors are broken, frayed, or not properly supported. |
I. Emergency Brake. Every trailer, semitrailer, and pole trailer equipped with air or vacuum actuated brakes and every trailer, semitrailer, and pole trailer with a registered gross weight in excess of 3,000 pounds, manufactured or assembled after June 1, 1970, shall be equipped with brakes of a character to be applied automatically and promptly and remain applied for at least 15 minutes on breakaway from the towing vehicle.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Air or vacuum emergency brakes: (a) Couple trailer or semitrailer to fully charged air or vacuum system. Then: (i) Disconnect couplings and observe for automatic application of trailer or semitrailer brakes; (ii) Observe operating mechanism for "bottoming" before brakes are fully applied; (iii) Record length of time brakes remain applied. (b) If manual control for trailer or semitrailer emergency brake system is installed: (i) Connect trailer or semitrailer couplings and build up the system to governor cut-out point; (ii) Stop engine and operate control—observe emergency brake application and release; (iii) Make a series of brake applications and observe automatic trailer or semitrailer brake application. | (1) (a) Emergency brakes do not automatically apply. (b) Operating mechanism "bottoms" before brakes are fully applied. (c) Brakes do not remain applied for at least 15 minutes. (d) With manual control, brakes do not apply and release by operating manual control. (e) Air only: Brakes apply automatically when reservoir pressure is above 45 psi or fail to apply automatically when pressure is reduced within range of 45—20 psi. |
| (2) Electric emergency brakes: Place a DC ammeter in the emergency brake power supply lines. Disconnect all electrical connections between the towing vehicle and the trailer or semitrailer. Then: (a) Operate breakaway switch and observe application of trailer or semitrailer brakes; (b) Operate ammeter reading and divide by the number of brakes; (c) Connect electric cables, return safety switch to normal position, and observe release of trailer or semitrailer brakes. | (2) (a) Brakes do not apply automatically when breakaway safety switch is operated. (b) Brakes do not release when switch is returned to normal position. (c) Brakes do not receive at least 50 percent of manufacturer's maximum current (amperes) rating per brake. |
| (3) Hydraulic surge emergency brakes. Inspection for operation of breakaway device, if equipped, application of trailer or semitrailer brakes and record length of time brakes remain applied. | (3) (a) Breakaway device, if equipped, fails to operate. (b) Brakes would not apply upon breakaway. (c) Brakes do not remain applied for at least 15 minutes. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10 Safety Standards for Trailers adopted effective*
- *Administrative History: October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .11 adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.05.05** Tires and Wheels. {#sec-11.14.05.05 omnilex-key=us-md-regs-official--title-11--11.14.05.05}
A. Tires.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Reference is made to Figures 2 and 3 for visual aid in determining tire wear. This inspection is visual. (a) Inspect for tire wear: (i) Tires without tread wear indicators. (ii) Tires with tread wear indicators. (iii) For cord exposure. (b) Inspect for tread cuts, snags, or sidewall cracks. (c) Inspect for lumps, bulges, or knots. (d) Inspect for fabric breaks and exposed or damaged body cords. (e) Inspect for regrooved or recut tires. (f) Inspect for mismatching of tire types. (g) Inspect for mismatching of tire sizes (dual wheels). (h) Inspect for tire size. (i) Visually inspect for restricted usage marking on tire such as reclassified tires. (j) Inspect valve stems for leaks, damage, or cracks. | (1)(a) (i) Tire is worn so that less than 2/32 inch tread remains when a measurement is made in any motor groove at three locations spaced approximately equally around outside of tire. (ii) Tire is worn so that the tread wear indicators contact the road in any two adjacent grooves at three locations spaced approximately equally around outside of tire. (iii) Tire has a worn spot that exposes the cord through the tread. (b) Tire has tread cuts, snags, or sidewall cracks in any direction and deep enough to expose cords. (c) Tire has visible bumps, bulges, or knots indicating partial failure or separation of the tire structure. (d) Tire has an unrepaired fabric break or sidewall has damaged body cords. (e) Tire has been regrooved, or recut below original groove depth, except those that are designed to be readily identified as regroovable. (f) Tires are not the same size on the same axle. (g) The diameter of one of the duals is not within 1/2 inch of the other, or if the gauge block can be inserted between the tire and the caliper. (h) Tires are smaller than manufacturer's specified minimum or of a larger size so that tire and body contact during different vehicle attitudes. (i) Tire is: (i) Marked “For Farm Use Only”; (ii) Marked “Off Highway Use Only”; (iii) Marked “For Racing Use Only”; (iv) A metal studded snow tire during period when prohibited (April 1st through October 31st in Allegany, Carroll, Frederick, Garrett, and Washington counties.) Reject in other areas at any time. (j) Valve stem is leaking, cracked, or damaged or shows evidence of wear. |
Figures 2—4.
B. Wheels.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect wheel bolts, nuts, or lugs. | (1) Wheel bolts, nuts, studs, or lugs are loose, missing, or damaged. |
| (2) Inspect for wheel damage. | (2) Any part of a wheel is bent, cracked, rewelded, or damaged to affect safe operation of the vehicle; loose or missing spokes on spoke-type wheels; or any wheel not the original, equivalent, or one designated by the wheel manufacturer for use on that particular vehicle. (Specialty Equipment Market Association, SEMA, or U.S./D.O.T. approved wheels and adapters are acceptable.) |
| (3) Inspect rims and lock rings for matching, condition, tightness of nuts and clamps, and evidence of slippage. | (3) Rims and lock rings are obviously mismatched, nuts and clamps are loose, or there is evidence of slippage. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10 Safety Standards for Trailers adopted effective*
- *Administrative History: October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .11 adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.05.06** Rear Metal Frame. {#sec-11.14.05.06 omnilex-key=us-md-regs-official--title-11--11.14.05.06}
Every trailer or semitrailer of a gross weight of 3,000 pounds or more when operated upon a highway shall be equipped with a permanent metal frame attached to the underside of the rear of the vehicle. The frame may not be any wider than the width of the vehicle and may not be more than 30 inches above the highway when moving and shall be constructed of heavy gauge steel. The maximum transverse distance from the widest part of the vehicle at the rear to the frame may not exceed 18 inches. The frame shall be constructed so as not to interfere with lights or other warning devices. Any trailer or semitrailer so constructed and maintained so that the body, chassis, or other parts thereof afford protection required by this section, shall be deemed to be in compliance. The provisions of this section do not apply to pole trailers or to vehicles where the installation of the required frame would prevent operation of the vehicle to secure its designed use.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| A. Rear Metal Frame. Inspect frame for proper size, mounting, interference with lights or warning devices, and type of construction. | A. (1) Rear protector frame does not conform to requirements. (2) Rear protector frame is missing when required. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10 Safety Standards for Trailers adopted effective*
- *Administrative History: October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .11 adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.05.07** Rear Wheel Protector Flaps. {#sec-11.14.05.07 omnilex-key=us-md-regs-official--title-11--11.14.05.07}
Every trailer or semitrailer when operated upon a highway shall be equipped with suitable metal protectors or substantial flexible flaps behind the rearmost wheels of the vehicle to prevent the projection of rocks, dirt, water, or other substances to the rear and to minimize side spray. This section does not apply to pole trailers or other vehicles if the construction is such that complete freedom around the wheel area is necessary to secure the designed use of the vehicle.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| A. The protectors or flaps shall have a ground clearance of not more than one-third of the horizontal distance from the bottom edge of the protector or flap to the centerline of the axle, provided, however, that no protector or flap need be closer to the ground than 6 inches under any condition of loading. The protector or flap shall extend laterally at least the width of the tire or tires being protected. | A. Measurement A is longer than 1/3 the length of Measurement B (Figure 5) and the vehicle is not equipped with flaps or protectors or flaps are not of required length. |
| B. If any trailer or semitrailer is so designed or constructed that the objectives of this section are accomplished by reason of fender or body construction or other means of enclosure, either permanent or temporary, then the requirements of this section have been satisfied. | B. Protector or flap does not extend laterally at least the width of the tire or tires being protected. C. Protectors or flaps are not securely attached to the vehicle. |
Figure 5—REAR WHEEL PROTECTOR FLAP REQUIREMENTS.
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10 Safety Standards for Trailers adopted effective*
- *Administrative History: October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .11 adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.05.08** Fenders. {#sec-11.14.05.08 omnilex-key=us-md-regs-official--title-11--11.14.05.08}
Fender inspection shall include condition, mounting, and coverage of wheels and tires. If the body or fenders of the vehicle do not provide coverage, the vehicle shall then be equipped with suitable metal protectors or substantial flexible flaps behind the rearmost wheels of the vehicle. This section does not apply to pole trailers or other vehicles where the construction is such that complete freedom around the wheel area is necessary to secure the designed use of the vehicle.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| A. Fenders shall be securely attached to the vehicle and inspected for tears, sharp or jagged edges, sufficient coverage of the wheel and tire to the side and to the front and rear of tires and wheels. Fenders may be extended outward to compensate for tire or wheel changes provided the extensions: (1) Provide required coverage of wheels and tires; (2) Are constructed of substantial materials; (3) Are securely attached to the fenders; (4) Have all edges rolled to eliminate sharp or jagged edges; (5) Do not contact tires during different vehicle attitudes. | A. (1) Fender has tears, sharp or jagged edges. (2) Fender is not securely attached to vehicle. (3) Fender does not extend outward enough to cover the top of the wheel band tire. (4) The rear of the rearmost fenders do not extend downward to the horizontal centerline of the wheel. (5) Front of all fenders do not extend forward from the vertical centerline of the wheel to at least a 45-degree angle of the horizontal centerline. (6) Fender is missing. (7) The vehicle is not equipped with flaps behind the rearmost wheels when required. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10 Safety Standards for Trailers adopted effective*
- *Administrative History: October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .11 adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.05.09** Lighting. {#sec-11.14.05.09 omnilex-key=us-md-regs-official--title-11--11.14.05.09}
General Lamp and Reflector Inspection. This includes all original equipment, exterior lighting plus whatever lights are authorized. (For definitions of lighting terms, refer to COMAR 11.14.04.12E and F.) Pole trailers and modular home trailers may have portable lamp devices which attach to the load when in use to comply with applicable regulations.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| A. Visual Inspection of Lamp Function. Connect trailer or semitrailer to power source of towing vehicle. Turn on night driving lights of towing vehicle and visually inspect the following: | A. (1) A required lamp is missing or fails to function. (2) Turn signals do not properly indicate right or left when so activated. |
| (1) Actuate the turn signal lever of the towing vehicle to right and left; and observe function of turn signal lights of trailer or semitrailer (1962 or newer trailers, semitrailers, and pole trailers shall be so equipped). Turn signals shall emit red or amber light. | (3) Any lamp shows color contrary to law (red or blue light to the front; white light to the rear, except license plate lamp). (4) A required lamp, lens, or reflector is obscured by any object or shielded by a nontransparent material. |
| (2) Depress the brake pedal of the towing vehicle and observe the function of the stop lamps of the trailer or semitrailer (1972 or newer trailers, semitrailers, and pole trailers shall have two red or amber stop lamps, all others one). | (5) A lamp or reflector is not mounted to properly direct or reflect light. (6) A lamp assembly or reflector is loose or improperly mounted. |
| (3) Observe function of tail lamps of trailer or semitrailer (Red: two on 1972 or newer vehicles; all others, one). | (7) A tail lamp, stop lamp, or turn signal has a cracked or broken lens which emits a white light to the rear. (8) A lamp, lens, or reflector is not an approved type. |
| (4) Observe function of license plate lamp of trailer or semitrailer (White: May be incorporated in tail lamp). | |
| (5) 1972 and newer model trailers and semitrailers shall be equipped with two red reflectors on the rear. All others, one. (Reflectors may be incorporated in tail lamps.) In addition, every trailer or semitrailer 80 inches or more in overall width shall be, and all other trailers or semitrailers may be, equipped as required in §A(6),(7), (8), and (9). | |
| (6) Side marker lamps: One amber, front, and one red, rear, on each side. Vehicles over 30 feet in overall length, one amber, centrally located with respect to length of the vehicle. | |
| (7) Reflectors: One amber, front, and one red, rear, on each side. Vehicles over 30 feet in overall length, one amber, centrally located with respect to the length of the vehicle. (Reflectors may be incorporated in side marker lamps.) | |
| (8) Clearance Lamps: Two amber, front, and two red, rear, to indicate the overall width of the vehicle. One on each side of the vertical centerline of the vehicle at the same height and as near the top of the vehicle as possible. If the vehicle is equipped with three red identification lamps on the top rear, the rear clearance lamps may be mounted at the top or bottom of the vehicle. | |
| (9) Identification Lamps: (Required on 1972 or newer trailers and semitrailers). Three red, rear, grouped in a horizontal row with lamp centers spaced not less than 6 inches or more than 12 inches apart and mounted on a permanent structure of the vehicle as close as possible to the vertical centerline of the vehicle. Pole trailers may be equipped with three red identification lamps visible to the rear, mounted on the rear of the cab of the towing vehicle, the bolster, or on the rear of the load provided they are visible. | |
| (10) Modular home trailers may be equipped with a bar light assembly provided it is bolted securely to the rear frame of the trailer. | |
Figures 6—COMMERCIAL SEMI TRAILER LIGHTING REQUIREMENTS.
Figures 7—SMALL TRAILER LIGHTING REQUIREMENTS.
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10 Safety Standards for Trailers adopted effective*
- *Administrative History: October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .11 adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.05.10** Electrical System. {#sec-11.14.05.10 omnilex-key=us-md-regs-official--title-11--11.14.05.10}
To save time, the inspector should develop his own plan or sequence for inspecting miscellaneous electrical items, many of which can be inspected while inspecting other items.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| A. Inspect Electrical System: (1) Wiring shall be well insulated. | A. (1) Wiring: (a) Insulation is bare, cracked, or broken. (b) Shows evidence of burning or short-circuiting. |
| (2) Connections shall be tight and secure. | (2) Connections are loose or show signs of excessive corrosion. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10 Safety Standards for Trailers adopted effective*
- *Administrative History: October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .11 adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
##### **COMAR 11.14.05.11** Load Covers. {#sec-11.14.05.11 omnilex-key=us-md-regs-official--title-11--11.14.05.11}
A. This regulation does not apply to a:
(1) Class G (trailer) vehicle registered or capable of being registered under Transportation Article, §13-927, Annotated Code of Maryland, provided no part of the load is within 6 inches of the top of any of the enclosures the load touches;
(2) Construction vehicle working within the confines of a public works construction work project site as outlined in the construction project's plans and specifications, provided the distance traveled does not exceed 1 mile or the distance specified in an extension granted by the Maryland Department of Transportation;
(3) Construction vehicle or mining equipment while crossing a highway between construction or mining sites; or
(4) Vehicle, within the Port of Baltimore for a distance not to exceed 1 mile, carrying a load of loose material between a stockpile or storage facility and a vessel docked at the Port.
B. A vehicle carrying loose material which is within 6 inches of the top of any of the enclosures the loose material touches, shall have the loose material covered by a firmly attached canvas or similar type covering.
C. The requirements of this regulation apply only to the issuance and certification of a safety equipment repair order and do not apply to a complete inspection required upon sale or transfer of ownership of a used vehicle. A safety equipment repair order may be certified only if the cover is present, fully covers the top of the bed, and meets the requirements of this regulation.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect cover for presence and size. | (1) Cover is not present or does not fully cover the top of the vehicle bed. |
| (2) Inspect cover for holes, rips, tears, or broken mesh. | (2) Cover contains holes, rips, tears, or broken mesh which would permit any part of the load to blow, fall, or spill from the bed. |
| (3) Inspect cover for proper mounting. | (3) Cover is not securely attached to the bed. |
| (4) Inspect securement hardware for presence and condition. | (4) Securement hardware is missing, broken, or damaged. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10 Safety Standards for Trailers adopted effective*
- *Administrative History: October 31, 1988 (15:22 Md. R. 2557)*
- *Administrative History: Regulation .08 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .11 adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b), 23-101—23-105, and 24-106.1, Annotated Code of Maryland*
### **11.14.06** Emissions Equipment Standards
##### **COMAR 11.14.06.01** Applicability. {#sec-11.14.06.01 omnilex-key=us-md-regs-official--title-11--11.14.06.01}
The standards, requirements, and procedures set forth in this chapter are applicable to equipment originally installed by a vehicle manufacturer or required by federal or State requirements on all vehicles designated as a 1968 or newer model year. Each vehicle has an emissions label in the engine compartment which indicates the emissions equipment originally installed on the vehicle. If the label is not present, refer to an emissions control application guide.
**History**
- *Administrative History: Effective date: April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b) and 23-104, Annotated Code of Maryland*
##### **COMAR 11.14.06.02** Catalytic Converter. {#sec-11.14.06.02 omnilex-key=us-md-regs-official--title-11--11.14.06.02}
A. Most 1975 and newer passenger cars and 1975 through 1978 light-duty trucks with a manufacturer's GVW of 6,000 pounds or less were originally equipped with a catalytic converter. Some passenger cars were not originally equipped with a converter until later model years, and 1979 and newer light-duty trucks with a manufacturer's GVW of 8,501 pounds or more may not have been originally equipped with a catalytic converter.
B. U.S. Environmental Protection Agency Program for Converter Replacement.
(1) If a vehicle is less than 5 model years old and has been driven less than 50,000 miles, any catalytic converter shall be replaced with OEM equipment.
(2) If a vehicle is more than 5 model years old or has been driven more than 50,000 miles, an EPA-approved new after market catalytic converter designed for the vehicle may be installed on the vehicle. An approved, reconditioned (used) catalytic converter may be installed provided the catalytic converter is an original type for the vehicle and has been certified by an EPA-approved testing facility.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Inspect for presence of a proper catalytic converter. | (a) Catalytic converter is required and is missing or replaced with an unapproved catalytic converter. |
| (b) Inspect for presence and condition of original air tubing from the engine to the converter. | (b) The original air tubing is missing, disconnected, or restricted. |
| (c) Inspect for location of the catalytic converter. | (c) Catalytic converter is not installed in the original location in the exhaust system. |
| (d) Inspect vehicle for exhaust systems modifications. | (d) Dual exhausts have been installed on the vehicle and dual exhausts were not originally available from the vehicle manufacturer. |
**History**
- *Administrative History: Effective date: April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b) and 23-104, Annotated Code of Maryland*
##### **COMAR 11.14.06.03** Fuel Filler Inlet Restrictor (INRES). {#sec-11.14.06.03 omnilex-key=us-md-regs-official--title-11--11.14.06.03}
A. Vehicles originally equipped with a catalytic converter were also equipped with a fuel filler inlet restrictor to prevent the entry of a leaded fuel pump nozzle.
B. Some later model light-duty trucks were not equipped with a catalytic converter but were equipped with a fuel filler inlet restrictor. The fuel filler inlet restrictor is required on these vehicles.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence of fuel filler inlet restrictor. | (1) Fuel filler inlet restrictor is required and is missing. |
| (2) Inspect for condition of fuel filler inlet restrictor. | (2) Inside diameter of fuel filler inlet restrictor is larger than 0.950 inch. |
**History**
- *Administrative History: Effective date: April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b) and 23-104, Annotated Code of Maryland*
##### **COMAR 11.14.06.04** Positive Crankcase Ventilation System (PCV). {#sec-11.14.06.04 omnilex-key=us-md-regs-official--title-11--11.14.06.04}
A. All 1968 and newer passenger cars and 1968 through 1978 light-duty trucks with a manufacturer's GVW of 6,000 pounds or less, and 1979 and newer light-duty trucks with a manufacturer's GVW of 8,500 pounds or less are equipped with a crankcase ventilation system.
B. Early model vehicles may be equipped with an open crankcase ventilation system where air is drawn in through the oil filler tube. Later model vehicles are equipped with a closed crankcase ventilation system where air is drawn in through the carburetor air cleaner. On this type system, the oil filler cap is sealed.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence of the positive crankcase ventilation system. | (1) Positive crankcase ventilation system is required and any part is missing. |
| (2) Inspect for presence and condition of positive crankcase ventilation system hoses, tubing, and connections. | (2) Hoses, tubing, or connections are missing, disconnected, cracked, plugged, leaking, or improperly connected. |
**History**
- *Administrative History: Effective date: April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b) and 23-104, Annotated Code of Maryland*
##### **COMAR 11.14.06.05** Air Injection System (AIS). {#sec-11.14.06.05 omnilex-key=us-md-regs-official--title-11--11.14.06.05}
A. Many 1968 and newer model vehicles are equipped with an air injection system which supplies air to the exhaust ports to extend the combustion process in the exhaust system. The system may be equipped with an external air pump. The pulse, aspirator, suction, or reed injection systems are not equipped with an air pump. Newer model vehicles may be equipped with an air pump which supplies air directly to the catalytic converter.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence of air injection system. | (1) Air injection system is required and any part is missing. |
| (2) Inspect for condition of air injection system. | (2) Hoses, pipes, tubing, fittings, manifolds, or valves are disconnected, plugged, crimped, cracked, leaking, or improperly connected. |
**History**
- *Administrative History: Effective date: April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b) and 23-104, Annotated Code of Maryland*
##### **COMAR 11.14.06.06** Exhaust Gas Recirculation System (EGR). {#sec-11.14.06.06 omnilex-key=us-md-regs-official--title-11--11.14.06.06}
A. Most 1973 and later model vehicles are equipped with an exhaust gas recirculation system to recirculate proper amounts of exhaust gases into the air/fuel mixture in the intake manifold. This recirculation into the manifold reduces combustion temperatures, thus reducing oxides of nitrogen (NOx). There are several types of EGR systems: a back pressure system which operates in conjunction with exhaust back pressure, a conventional system which operates on carburetor venturi vacuum, an electronically controlled system which operates from the engine computerized emissions control system, or a floor jet system which operates through jets in the floor of the intake manifold.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence of exhaust gas recirculation system. | (1) Exhaust gas recirculation system is required and any part is missing. |
| (2) Inspect for condition of exhaust gas recirculation system. | (2) Hoses, pipes, tubing, valves, or jets are damaged, disconnected, plugged, cracked, leaking, or improperly connected. |
**History**
- *Administrative History: Effective date: April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b) and 23-104, Annotated Code of Maryland*
##### **COMAR 11.14.06.07** Evaporative Emissions System (EVP). {#sec-11.14.06.07 omnilex-key=us-md-regs-official--title-11--11.14.06.07}
A. Most 1971 and newer vehicles and some older models are equipped with an evaporative emissions system to collect and store gasoline vapors and gasoline from the carburetor and fuel system during engine operation or shut down. The vapors are collected and stored in a canister containing a charcoal filter and gasoline is returned to the fuel tank. The vapors are purged from the canister and drawn into the engine when the engine is started. A pressure vacuum gas cap is essential to the proper operation of this system.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence of evaporative emissions system. | (1) Evaporative emissions system is required and any part is missing. |
| (2) Inspect for condition of evaporative emissions system. | (2) Hoses, pipes, tubing, valves, or connections are plugged, cracked, leaking, or disconnected or gas cap is not the proper type. |
**History**
- *Administrative History: Effective date: April 1, 1991 (18:6 Md. R. 686)*
- *Authority: Transportation Article, §§12-104(b) and 23-104, Annotated Code of Maryland*
### **11.14.07** Noise Abatement Program
##### **COMAR 11.14.07.01** Promulgation of Regulations for Maximum Sound Level Limits. {#sec-11.14.07.01 omnilex-key=us-md-regs-official--title-11--11.14.07.01}
A. The Transportation Article, §22-601, Annotated Code of Maryland, authorizes the Administrator, by regulation, to adopt maximum sound level limits for motor vehicles operated on the highways of the State.
B. The Transportation Article, §22-603, Annotated Code of Maryland, authorizes the Administrator and the Maryland State Police to jointly promulgate regulations for the administration and enforcement of the maximum sound level limits for motor vehicles operated on the public highways of the State.
C. The Transportation Article, §22-604, Annotated Code of Maryland, authorizes the Administrator to adopt regulations establishing maximum sound level limits for new motor vehicles sold, offered for sale, distributed, or leased in the State.
D. The Transportation Article, §22-607, Annotated Code of Maryland, authorizes the Administrator to adopt regulations for the administration and enforcement of the limits established under Transportation Article, §22-605, Annotated Code of Maryland.
E. The Transportation Article, §22-608, Annotated Code of Maryland, authorizes the Administrator to adopt regulations for the certification of new vehicles to be sold, offered for sale, distributed, or leased in the State.
F. The Transportation Article, §22-610, Annotated Code of Maryland, authorizes the Administrator to adopt regulations for certification of exhaust mufflers, intake mufflers, and other noise abatement devices sold in this State.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01A, .02B, C, E, .03, and .04 adopted effective October 1, 1975 (2:22 Md. R. 1370)*
- *Administrative History: Regulations .01B, .05—.08 adopted effective December 24, 1975 (2:29 Md. R. 1741)*
- *Administrative History: Regulations .01C, .02, .09—.11 adopted effective October 1, 1975 (2:22 Md. R. 1371)*
- *Administrative History: Regulations .07, .09, and .11 amended effective November 11, 1977 (4:24 Md. R. 1806)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 9, 1984 (11:7 Md. R. 626)*
- *Administrative History: Annotation: COMAR 11.14.05 cited in Attorney General Opinion No. 83-025 (June 15, 1983)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified to COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 17, 2000 (27:7 Md. R. 706)*
- *Authority: Transportation Article, §§12-104(b), 22-601, 22-603, 22-605, 22-607, 22-608, 22-610, Annotated Code of Maryland*
##### **COMAR 11.14.07.02** Definitions. {#sec-11.14.07.02 omnilex-key=us-md-regs-official--title-11--11.14.07.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “dB(A)” means the accepted abbreviation for A-weighted sound level in decibels.
(2) “GCWR” means gross combination weight rating.
(3) “GVWR” means gross vehicle weight rating.
(4) “Ground cover” means any various low, dense growing plants, such as ivy, myrtle, low weeds, or brush.
(5) “Hard test site” means any test site having the ground surface covered with concrete, asphalt, packed dirt, gravel, or similar reflective material for more than 1/2 the distance between the microphone target point and the microphone location point.
(6) Highway.
(a) “Highway” has the meaning stated in Transportation Article, §11-127, Annotated Code of Maryland.
(b) “Highway” includes any road owned by or under the control of the State or any of its political subdivisions that is open to vehicular traffic and used by the public in general.
(7) “ISO” means the International Organization for Standardization.
(8) “Lmax” means maximum sound level measurement.
(9) “SAE” means Society of Automotive Engineers, Inc., or its successor bodies.
(10) “Soft test site” means any test site having the ground surface covered with grass, other ground cover, or similar absorptive material for 1/2 or more of the distance between the microphone target and the microphone location point.
(11) “Sound level” means the A-weighted sound level obtained by the use of fast meter response and A-weighting characteristic specified in American National Standard S1.4—1971 “Specification for Sound Level Meters.”
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01A, .02B, C, E, .03, and .04 adopted effective October 1, 1975 (2:22 Md. R. 1370)*
- *Administrative History: Regulations .01B, .05—.08 adopted effective December 24, 1975 (2:29 Md. R. 1741)*
- *Administrative History: Regulations .01C, .02, .09—.11 adopted effective October 1, 1975 (2:22 Md. R. 1371)*
- *Administrative History: Regulations .07, .09, and .11 amended effective November 11, 1977 (4:24 Md. R. 1806)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 9, 1984 (11:7 Md. R. 626)*
- *Administrative History: Annotation: COMAR 11.14.05 cited in Attorney General Opinion No. 83-025 (June 15, 1983)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified to COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 17, 2000 (27:7 Md. R. 706)*
- *Authority: Transportation Article, §§12-104(b), 22-601, 22-603, 22-605, 22-607, 22-608, 22-610, Annotated Code of Maryland*
##### **COMAR 11.14.07.03** Applicability. {#sec-11.14.07.03 omnilex-key=us-md-regs-official--title-11--11.14.07.03}
A. Noise Measurement. Regulations .04 through .12 apply to the measurement of noise of any:
(1) Motor vehicle while in motion;
(2) Stationary motor vehicle equipped with an engine governor; and
(3) Stationary motor vehicle without an engine governor.
B. Noise Exemptions. These regulations do not apply to:
(1) The sound generated by a horn or other warning device when operated under the provisions of the Transportation Article, §22-401, Annotated Code of Maryland;
(2) The sound generated by an emergency motor vehicle when operating under the provisions of the Transportation Article, §22-106, Annotated Code of Maryland;
(3) The sound generated by transit and school buses.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01A, .02B, C, E, .03, and .04 adopted effective October 1, 1975 (2:22 Md. R. 1370)*
- *Administrative History: Regulations .01B, .05—.08 adopted effective December 24, 1975 (2:29 Md. R. 1741)*
- *Administrative History: Regulations .01C, .02, .09—.11 adopted effective October 1, 1975 (2:22 Md. R. 1371)*
- *Administrative History: Regulations .07, .09, and .11 amended effective November 11, 1977 (4:24 Md. R. 1806)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 9, 1984 (11:7 Md. R. 626)*
- *Administrative History: Annotation: COMAR 11.14.05 cited in Attorney General Opinion No. 83-025 (June 15, 1983)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified to COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 17, 2000 (27:7 Md. R. 706)*
- *Authority: Transportation Article, §§12-104(b), 22-601, 22-603, 22-605, 22-607, 22-608, 22-610, Annotated Code of Maryland*
##### **COMAR 11.14.07.04** Noise Limits for Vehicles. {#sec-11.14.07.04 omnilex-key=us-md-regs-official--title-11--11.14.07.04}
A person may not operate or permit to be driven on a highway of this State any motor vehicle or combination of vehicles at any time or at any speed, under any conditions of grade, load, acceleration, or deceleration in a manner which would exceed the sound level limits specified in Table 1, 2, or 3 for the category of vehicle. Measurements shall be made in accordance with the procedures and measuring device specifications adopted by the Administrator. Sound level limits are based on the use of the A-weighting network and fast Lmax meter response.
**Cross References**
11.14.07.08C(2)
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01A, .02B, C, E, .03, and .04 adopted effective October 1, 1975 (2:22 Md. R. 1370)*
- *Administrative History: Regulations .01B, .05—.08 adopted effective December 24, 1975 (2:29 Md. R. 1741)*
- *Administrative History: Regulations .01C, .02, .09—.11 adopted effective October 1, 1975 (2:22 Md. R. 1371)*
- *Administrative History: Regulations .07, .09, and .11 amended effective November 11, 1977 (4:24 Md. R. 1806)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 9, 1984 (11:7 Md. R. 626)*
- *Administrative History: Annotation: COMAR 11.14.05 cited in Attorney General Opinion No. 83-025 (June 15, 1983)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified to COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 17, 2000 (27:7 Md. R. 706)*
- *Authority: Transportation Article, §§12-104(b), 22-601, 22-603, 22-605, 22-607, 22-608, 22-610, Annotated Code of Maryland*
##### **COMAR 11.14.07.05** Standard Measurement Site for Highway Operation of all Vehicles over 10,000 Pounds GVWR and GCWR. {#sec-11.14.07.05 omnilex-key=us-md-regs-official--title-11--11.14.07.05}
A. Moving Vehicle Measurement Procedures.
(1) Measurement shall be made at a measurement site which is adjacent to, and includes, a portion of a traveled lane of a public highway. A microphone target point shall be established on the centerline of the traveled lane of the highway and a microphone location point shall be established on the ground surface 50 feet (15.2m) from the microphone target point. Within the site is a triangular measurement area. A plan view diagram of a standard site, having an open site within a 50 foot radius (15.2m) of both the microphone target point and the microphone location point, is shown in Figure 1.
(2) The sound level generated by the motor vehicle is the highest reading observed on the sound level measurement system as the vehicle passes through the measurement site. The sound level of the vehicle being measured shall be observed to rise at least 6 dB(A) before the maximum sound level occurs and to fall at least 6 dB(A) after the maximum sound level occurs.
(3) Standard Measurement Site Highway Operations.
Figure 1.
See next page
B. Stationary Vehicle Measurement Procedures for Vehicles Over 10,000 Pounds GVWR and GCWR.
(1) The motor vehicle to be tested shall be parked on a flat open area free of acoustically reflective surfaces (except those of the vehicle under test) that are within 15 feet of the microphone measuring position. See Figure 2 for microphone orientation. Before starting the sound level measurement, the vehicle engine should be at normal operating temperature.
(2) The microphone shall be located at a height equal to that of the exhaust discharge opening (but not less than 1 foot from the ground) and shall be positioned 3 feet from the exhaust opening with the microphone in a vertical or a grazing position and as far as possible from any acoustically reflective surfaces associated with the vehicle being tested, the inspecting officer, or the associated testing equipment. See Figure 2.
(3) All auxiliary equipment such as cranes, asphalt spreaders, liquid or slurry pumps, auxiliary air compressors, welders or trash compactors, which are installed on the motor vehicle and which are designed to operate under normal conditions when the vehicle is operating at a speed of 5 miles per hour (8 kph) or less, shall be turned off.
(4) If the motor vehicle engine radiator fan drive is equipped with a clutch or similar device that automatically reduces the rotational speed of the fan or completely disengages the fan from its power source in response to reduced engine cooling loads, park the vehicle before testing with the engine running at high idle or any other speed the operator may choose, for sufficient time but not more than 10 minutes, to permit the radiator fan to automatically disengage.
(5) Stationary measurements require that the microphone be located 3 feet from the vehicle exhaust opening, as shown in Figure 2. There shall be no acoustically reflective objects closer than 15 feet to the microphone measuring position except those of the vehicle under test, the inspecting officer, and the associated testing equipment.
(6) Standard Measurement Site Stationary Operations.
Figure 2.
(7) A motor vehicle with a manual transmission shall be in neutral and the clutch engaged. A motor vehicle with an automatic transmissions shall be in park or in neutral.
(8) With the compression brake engaged (if the vehicle is so equipped) and the engine at idle, the sound level measurement shall be started. Then, the throttle shall be rapidly depressed to wide open and returned to idle speed. This procedure is repeated for a total of 3 engine run-ups during the measurement period. For vehicles without an engine speed governor, the engine shall be accelerated to approximately one-half throttle.
(9) If the motor vehicle is equipped with dual exhausts, these procedures shall be applied to both sides of the motor vehicle.
(10) If all 3 engine run-up maximum sound level measurements exceed the maximum permitted level specified in Table 3 for the category of the vehicle under test, a noise violation exists. This test procedure may be repeated if deemed necessary by the inspecting officer.
**Cross References**
11.14.07.06A
11.14.07.06B
11.14.07.09A
11.14.07.09B
11.14.07.11B(1)
11.14.07.11B(2)
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01A, .02B, C, E, .03, and .04 adopted effective October 1, 1975 (2:22 Md. R. 1370)*
- *Administrative History: Regulations .01B, .05—.08 adopted effective December 24, 1975 (2:29 Md. R. 1741)*
- *Administrative History: Regulations .01C, .02, .09—.11 adopted effective October 1, 1975 (2:22 Md. R. 1371)*
- *Administrative History: Regulations .07, .09, and .11 amended effective November 11, 1977 (4:24 Md. R. 1806)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 9, 1984 (11:7 Md. R. 626)*
- *Administrative History: Annotation: COMAR 11.14.05 cited in Attorney General Opinion No. 83-025 (June 15, 1983)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified to COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 17, 2000 (27:7 Md. R. 706)*
- *Authority: Transportation Article, §§12-104(b), 22-601, 22-603, 22-605, 22-607, 22-608, 22-610, Annotated Code of Maryland*
##### **COMAR 11.14.07.06** Measurement Site Stationary Operation — Other Vehicles. {#sec-11.14.07.06 omnilex-key=us-md-regs-official--title-11--11.14.07.06}
A. 10,000 Pounds or Less GCWF or GCWR. The same procedures as described in Regulation .05B of this chapter are used.
B. Motorcycle. The same procedures as described in Regulation .05B of this chapter are used.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01A, .02B, C, E, .03, and .04 adopted effective October 1, 1975 (2:22 Md. R. 1370)*
- *Administrative History: Regulations .01B, .05—.08 adopted effective December 24, 1975 (2:29 Md. R. 1741)*
- *Administrative History: Regulations .01C, .02, .09—.11 adopted effective October 1, 1975 (2:22 Md. R. 1371)*
- *Administrative History: Regulations .07, .09, and .11 amended effective November 11, 1977 (4:24 Md. R. 1806)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 9, 1984 (11:7 Md. R. 626)*
- *Administrative History: Annotation: COMAR 11.14.05 cited in Attorney General Opinion No. 83-025 (June 15, 1983)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified to COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 17, 2000 (27:7 Md. R. 706)*
- *Authority: Transportation Article, §§12-104(b), 22-601, 22-603, 22-605, 22-607, 22-608, 22-610, Annotated Code of Maryland*
##### **COMAR 11.14.07.07** Non-Standard Site Highway Operation for All Vehicles over 10,000 Pounds GVWR or GCWR. {#sec-11.14.07.07 omnilex-key=us-md-regs-official--title-11--11.14.07.07}
A. If the distance between the microphone location point and the microphone target point is a distance other than 50 feet (15.2m), this same distance will be used for the radius of the microphone location point and the microphone target point. The measurement site will be the area within both radii. See Figure 3.
B. Non-Standard Measurement Site Highway Operations.
Figure 3.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01A, .02B, C, E, .03, and .04 adopted effective October 1, 1975 (2:22 Md. R. 1370)*
- *Administrative History: Regulations .01B, .05—.08 adopted effective December 24, 1975 (2:29 Md. R. 1741)*
- *Administrative History: Regulations .01C, .02, .09—.11 adopted effective October 1, 1975 (2:22 Md. R. 1371)*
- *Administrative History: Regulations .07, .09, and .11 amended effective November 11, 1977 (4:24 Md. R. 1806)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 9, 1984 (11:7 Md. R. 626)*
- *Administrative History: Annotation: COMAR 11.14.05 cited in Attorney General Opinion No. 83-025 (June 15, 1983)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified to COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 17, 2000 (27:7 Md. R. 706)*
- *Authority: Transportation Article, §§12-104(b), 22-601, 22-603, 22-605, 22-607, 22-608, 22-610, Annotated Code of Maryland*
##### **COMAR 11.14.07.08** Site Requirements: Highway Operation for All Vehicles over 10,000 Pounds GVWR or GCWR. {#sec-11.14.07.08 omnilex-key=us-md-regs-official--title-11--11.14.07.08}
A. Measurement Site.
(1) The measurement site shall be an open site, essentially free of large sound reflecting objects and not closer than 200 feet between the microphone target point and a tunnel or underpass.
(2) The following objects may be within the site including the triangular measurement area:
(a) Small cylindrical objects such as fire hydrants or telephone or utility poles;
(b) Rural mailboxes;
(c) Traffic railing of any type of construction except solid concrete barriers; and
(d) One or more curbs or surfaces having a vertical height of 1 foot (.3m) or less.
(3) The following objects may be within the measurement site if they are outside of the triangular measurement area of the site:
(a) Any vertical surface (such as billboards), regardless of size, having a lower edge more than 15 feet (4.6m) higher than the surface of the traveled lane of the highway.
(b) Any uniformly smooth sloping surfaces slanting away from the vehicle (such as a rise in grade alongside the highway) with a slope that is less than 45 degrees above the horizontal. See Figure 4.
Figure 4.
(c) Any surface slanting away from the vehicle that is 45 degrees or more and not more than 90 degrees above the horizontal, if all points on the surface are more than 15 feet (4.6m) above the surface of the traveled lane of the highway. See Figure 5.
Figure 5.
(d) Any standing water.
(e) The operator, a witness, or trainee. The operator, witness, or trainee shall be positioned behind the microphone but no closer than two feet to the microphone.
B. Roadway Surface Requirements. The traveled lane of the highway within the measurement site shall be dry, paved with relatively smooth concrete or asphalt, and substantially free of:
(1) Holes or other defects which would cause a vehicle to emit irregular tire, body, or chassis impact noise; and
(2) Loose material such as gravel or sand.
C. Ambient Conditions for Moving Vehicles and Stationary Sites.
(1) Sound. The ambient A-weighted sound level at the microphone location point may be measured, in the absence of motor vehicle noise emanating from within the clear zone, with fast meter response using a sound level measurement system that conforms to Regulation .10 of this chapter.
(2) The measured ambient sound level shall be 10 dB(A) or more below that level specified in Regulation .04 of this chapter, Table 1, 2, or 3, which corresponds to the maximum permissible sound level reading which is applicable at the test site at the time of measurement.
(3) Ambient sound levels need not be taken when a:
(a) Moving vehicle measurement rises to a maximum of 10 dB or more above the measurement start; or
(b) Stationary vehicle measurement rises to a maximum of 10 dB or more above the measurement level before each of the 3 engine run-up sound level maximums.
(4) Wind. The wind velocity at the site may be measured at the beginning of each series of noise measurements and at intervals of 5—15 minutes thereafter until it has been established that the wind velocity is essentially constant. Once this fact has been established, wind velocity measurements may be made at hourly intervals. Testing can be done if velocity is 12 mph (19.3kph) or less, but gust winds up to 20 mph (33.2kph) are allowed.
(5) Precipitation. Measurements are prohibited under any conditions of precipitation; however, measurements may be made with snow on the ground. The ground surface within the measurement area shall be free of standing water.
D. Reflecting Surfaces within Measurement Sites for Moving Vehicles with a GVWR or GCWR of 10,000 Pounds or Less and Motorcycles.
(1) Measurements made at sites with sound reflecting surfaces located behind the microphone line or beyond the vehicle fore and aft center line and outside the triangular measurement area shall be adjusted by the factors in Table 4. If the reflecting surfaces are both behind the microphone and beyond the vehicle, they are additive. Measurements may not be made when a sound reflecting surface is less than 25 feet from the microphone or vehicle or when there are more than two reflecting surfaces within a site.
(2) Tables. The following tables are used for noise measurement site adjustments:
(a) Table 1.
| Maximum Sound Levels Highway Operation | | | |
| --- | --- | --- | --- |
| Type of Vehicle | Posted Speed Limit or Posted Advisory Speed | | |
| Any motor vehicle or combination having a GVWR or GCWR over 10,000 Pounds | 35 mph or less | Over 35 mph | |
| Soft Site | Hard Site | Soft Site | Hard Site |
| 86 dB(A) | 88 dB(A) | 90 dB(A) | 92 d B(A) |
(b) Table 2.
| Maximum Sound Levels Highway Operation | | |
| --- | --- | --- |
| Type of Vehicle | Posted Speed Limit or Posted Advisory Speed | |
| Any motor vehicle or combination with a GVWR or GCWR of 10,000 pounds or less | 45 mph or less | Over 45 mph |
| Any Motorcycle | 78 dB(A) | 82 dB(A) |
(c) Table 3.
| Maximum Sound Levels Stationary Site | |
| --- | --- |
| Type of Vehicle | Limits |
| Any motor vehicle or combination having a GVWR or GCWR over 10,000 pounds | |
| After July 1, 1975 | 103 dB(A) |
| After January 1, 1988 | 103 dB(A) |
| Any other vehicle or combination with a GVWR or GCWR of 10,000 pounds or less | |
| After July 1, 1975 | 103 dB(A) |
| After January 1, 1988 | 100 dB(A) |
| Any Motorcycle | 100 dB(A) |
(d) Table 4.
| Highway Operation Measurement Site | |
| --- | --- |
| Distance between reflecting surface and microphone location or target point | Adjustment added to the limit |
| Over 25 feet but not more than 35 feet | 1 dB(A) |
**Cross References**
11.19.02.07E
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01A, .02B, C, E, .03, and .04 adopted effective October 1, 1975 (2:22 Md. R. 1370)*
- *Administrative History: Regulations .01B, .05—.08 adopted effective December 24, 1975 (2:29 Md. R. 1741)*
- *Administrative History: Regulations .01C, .02, .09—.11 adopted effective October 1, 1975 (2:22 Md. R. 1371)*
- *Administrative History: Regulations .07, .09, and .11 amended effective November 11, 1977 (4:24 Md. R. 1806)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 9, 1984 (11:7 Md. R. 626)*
- *Administrative History: Annotation: COMAR 11.14.05 cited in Attorney General Opinion No. 83-025 (June 15, 1983)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified to COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 17, 2000 (27:7 Md. R. 706)*
- *Authority: Transportation Article, §§12-104(b), 22-601, 22-603, 22-605, 22-607, 22-608, 22-610, Annotated Code of Maryland*
##### **COMAR 11.14.07.09** Site Requirements Stationary Tests — Other Vehicles. {#sec-11.14.07.09 omnilex-key=us-md-regs-official--title-11--11.14.07.09}
A. 10,000 Pounds or Less GVWR or GCWR. The same procedures as described in Regulation .05B of this chapter are used.
B. Motorcycles. The same procedures as described in Regulation .05B of this chapter are used.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01A, .02B, C, E, .03, and .04 adopted effective October 1, 1975 (2:22 Md. R. 1370)*
- *Administrative History: Regulations .01B, .05—.08 adopted effective December 24, 1975 (2:29 Md. R. 1741)*
- *Administrative History: Regulations .01C, .02, .09—.11 adopted effective October 1, 1975 (2:22 Md. R. 1371)*
- *Administrative History: Regulations .07, .09, and .11 amended effective November 11, 1977 (4:24 Md. R. 1806)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 9, 1984 (11:7 Md. R. 626)*
- *Administrative History: Annotation: COMAR 11.14.05 cited in Attorney General Opinion No. 83-025 (June 15, 1983)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified to COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 17, 2000 (27:7 Md. R. 706)*
- *Authority: Transportation Article, §§12-104(b), 22-601, 22-603, 22-605, 22-607, 22-608, 22-610, Annotated Code of Maryland*
##### **COMAR 11.14.07.10** Sound Level Measurement Equipment. {#sec-11.14.07.10 omnilex-key=us-md-regs-official--title-11--11.14.07.10}
A. Sound Level Meter. A precision sound level meter meeting all the requirements of American National Standards Specification for Sound Level Meters ANSI S1.4—1971, or later revision, for a type 1 or a type S-1A instrument shall be used. The sound level meter shall be calibrated and certified annually with a method traceable to the U.S. National Bureau of Standards to verify its performance within design tolerances.
B. Acoustical Calibrator.
(1) An acoustical calibrator of the microphone coupler-type shall be used for calibration of the sound level meter. The frequency of the calibration signal shall be 1000 Hz, ±5 percent.
(2) The calibrator shall be adjusted and certified annually with a method traceable to the U.S. National Bureau of Standards to verify its correct performance within ±0.5 dB.
C. Microphone Windscreen.
(1) A windscreen of the type recommended by noise meter manufacturers shall be used for all measurements to protect from wind noise. Installation of the windscreen may not cause a change in the sensitivity of more than ±.05 dB in the frequency range from 50 Hz to 5KHz or more then ±2 dB in the frequency range from 5 KHz.
(2) It is sufficient that this compliance be demonstrated only at the annual system calibration and certification.
D. Anemometer. An anemometer, which has a steady-state accuracy within ±10 percent of any reading above 10 mpg (16 km/h), may be used to determine the wind velocity prevalent at the time of measurement.
**Cross References**
11.14.07.08C(1)
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01A, .02B, C, E, .03, and .04 adopted effective October 1, 1975 (2:22 Md. R. 1370)*
- *Administrative History: Regulations .01B, .05—.08 adopted effective December 24, 1975 (2:29 Md. R. 1741)*
- *Administrative History: Regulations .01C, .02, .09—.11 adopted effective October 1, 1975 (2:22 Md. R. 1371)*
- *Administrative History: Regulations .07, .09, and .11 amended effective November 11, 1977 (4:24 Md. R. 1806)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 9, 1984 (11:7 Md. R. 626)*
- *Administrative History: Annotation: COMAR 11.14.05 cited in Attorney General Opinion No. 83-025 (June 15, 1983)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified to COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 17, 2000 (27:7 Md. R. 706)*
- *Authority: Transportation Article, §§12-104(b), 22-601, 22-603, 22-605, 22-607, 22-608, 22-610, Annotated Code of Maryland*
##### **COMAR 11.14.07.11** Sound Level Equipment Operation for Measuring Vehicle Noise. {#sec-11.14.07.11 omnilex-key=us-md-regs-official--title-11--11.14.07.11}
A. The microphone of a sound level measurement system for all moving vehicle measurements for vehicles over 10,000 pounds GVWR and GCWR shall be located at a height of not less than 2 feet (.6m) or more than 6 feet (1.8m) above the plane of the roadway surface and not less than 3-1/2 feet (1.1m) above the surface on which the microphone stands. The preferred microphone height on flat terrain is 4 feet (1.2m).
B. Stationary Vehicle Measurements for All Vehicles.
(1) 10,000 or less GVWR or GCWR. The same procedures as described in Regulation .05B of this chapter are used.
(2) Motorcycles. The same procedure as described in Regulation .05B of this chapter are used.
C. Microphone Orientation. The microphone shall be pointed approximately straight upward so that the vehicle noise reaching the microphone from any point within the measurement site strikes the microphone at grazing incidence (parallel to the microphone diaphragm).
D. Meter Operation.
(1) The sound level meter shall be operated according to the manufacturer's instructions and this section.
(2) The meter shall be set for A-weighting and fast response.
(3) The sound level meter shall be calibrated with the acoustic calibrator before the start of use and then at approximately 1 hour intervals when the instrument is in use.
(4) The operator may not stand at any point in the measurement site that lies on a line passing through the vehicle and the microphone. An operator, witness, or trainee may be positioned behind the microphone but no closer than 2 feet from the microphone.
(5) Background Sound Level. The sound level, including that from other vehicles, wind effects, and all other sources of noise except the vehicle being measured, shall be at least 10 dB lower than the maximum sound level of the vehicle at the time of the measurement.
(6) Meter Reading. The sound level reading of a moving vehicle or a stationary vehicle shall be at the highest reading observed for each measurement period.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01A, .02B, C, E, .03, and .04 adopted effective October 1, 1975 (2:22 Md. R. 1370)*
- *Administrative History: Regulations .01B, .05—.08 adopted effective December 24, 1975 (2:29 Md. R. 1741)*
- *Administrative History: Regulations .01C, .02, .09—.11 adopted effective October 1, 1975 (2:22 Md. R. 1371)*
- *Administrative History: Regulations .07, .09, and .11 amended effective November 11, 1977 (4:24 Md. R. 1806)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 9, 1984 (11:7 Md. R. 626)*
- *Administrative History: Annotation: COMAR 11.14.05 cited in Attorney General Opinion No. 83-025 (June 15, 1983)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified to COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 17, 2000 (27:7 Md. R. 706)*
- *Authority: Transportation Article, §§12-104(b), 22-601, 22-603, 22-605, 22-607, 22-608, 22-610, Annotated Code of Maryland*
##### **COMAR 11.14.07.12** Records. {#sec-11.14.07.12 omnilex-key=us-md-regs-official--title-11--11.14.07.12}
A. The operator shall keep written and signed records on prescribed forms.
B. The forms shall include at least the following:
(1) Location of measurement site and posted speed, if applicable;
(2) Date and time of day of the measurements;
(3) Name of operator making the measurements;
(4) Identifying numbers of measurement equipment; and
(5) For every violation observed, a description of vehicle, the lane of operation (except for stationary vehicle measurements), the sound level reading as defined in this chapter, the maximum permitted sound level, the time, the enforcement action taken if any, wind speed, calibration times, and any other information deemed necessary.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01A, .02B, C, E, .03, and .04 adopted effective October 1, 1975 (2:22 Md. R. 1370)*
- *Administrative History: Regulations .01B, .05—.08 adopted effective December 24, 1975 (2:29 Md. R. 1741)*
- *Administrative History: Regulations .01C, .02, .09—.11 adopted effective October 1, 1975 (2:22 Md. R. 1371)*
- *Administrative History: Regulations .07, .09, and .11 amended effective November 11, 1977 (4:24 Md. R. 1806)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 9, 1984 (11:7 Md. R. 626)*
- *Administrative History: Annotation: COMAR 11.14.05 cited in Attorney General Opinion No. 83-025 (June 15, 1983)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified to COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 17, 2000 (27:7 Md. R. 706)*
- *Authority: Transportation Article, §§12-104(b), 22-601, 22-603, 22-605, 22-607, 22-608, 22-610, Annotated Code of Maryland*
##### **COMAR 11.14.07.13** Sound Level Limits. {#sec-11.14.07.13 omnilex-key=us-md-regs-official--title-11--11.14.07.13}
A. A person may not sell, offer for sale, distribute, or lease a new motor vehicle that produces a sound level that exceeds the sound level limit specified in Table 5 for the category of vehicle when measured under the moving vehicle test site procedures established by Regulation .14 of this chapter. Compliance with the sound level limits established in this chapter may not be construed as limiting or precluding the enforcement of other regulations establishing maximum sound levels under approved test procedures.
B. Table 5.
| Moving Vehicle Test Site Sound Level Limits. | |
| --- | --- |
| Type of Vehicle | Sound Level Limits |
| (1) Any vehicle with a GVWR or GCWR of over 10,000 pounds manufactured after: | |
| July 1, 1975 | 83 dB(A) |
| January 1, 1982 | 83 dB(A) |
| January 1, 1988 | 80 dB(A) |
| (2) Any street motorcycle manufactured after: | |
| July 1, 1975 | 83 dB(A) |
| January 1, 1982 | 83 dB(A) |
| January 1, 1988 | 80 dB(A) |
| (3) Any other vehicle with a GVWR or GCWR of 10,000 pounds or less manufactured after: | |
| July 1, 1975 | 80 dB(A) |
| January 1, 1982 | 80 dB(A) |
| January 1, 1988 | 80 dB(A) |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01A, .02B, C, E, .03, and .04 adopted effective October 1, 1975 (2:22 Md. R. 1370)*
- *Administrative History: Regulations .01B, .05—.08 adopted effective December 24, 1975 (2:29 Md. R. 1741)*
- *Administrative History: Regulations .01C, .02, .09—.11 adopted effective October 1, 1975 (2:22 Md. R. 1371)*
- *Administrative History: Regulations .07, .09, and .11 amended effective November 11, 1977 (4:24 Md. R. 1806)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 9, 1984 (11:7 Md. R. 626)*
- *Administrative History: Annotation: COMAR 11.14.05 cited in Attorney General Opinion No. 83-025 (June 15, 1983)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified to COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 17, 2000 (27:7 Md. R. 706)*
- *Authority: Transportation Article, §§12-104(b), 22-601, 22-603, 22-605, 22-607, 22-608, 22-610, Annotated Code of Maryland*
##### **COMAR 11.14.07.14** New Motor Vehicles. {#sec-11.14.07.14 omnilex-key=us-md-regs-official--title-11--11.14.07.14}
A. All moving vehicle tests shall be conducted in accordance with the recommended practices referenced in §§B, C, and D of this regulation. All stationary vehicle tests shall be in accordance with the recommended practices of ISO 5130 1982 E.
B. The maximum sound emission test procedure for vehicles having a GVWR GCWR in excess of 10,000 pounds shall be that contained in the SAE Standard J986b, Exterior Sound Level for Heavy Trucks and Buses, except buses with automatic transmissions that cannot be manually held in gear. These vehicles shall be tested according to a modified J366 test which results in achieving the transmission shift from 1st to 2nd gear in the end zone during wide open throttle acceleration from a standing start.
C. For 1983 and subsequent model year street motorcycles manufactured after December 31, 1982, the test shall be that contained in Appendix I Subparts D and E, Title 40 of the Code of Federal Regulations Part 205 (40 CFR 205).
D. The maximum sound emission test procedure for vehicles having a GVWR or GCWR of 10,000 pounds or less shall be that contained in SAE Standard J876b, Sound Level for Passenger Cars and Light Trucks.
E. Deviation from ISO and SAE Standards and Practices.
(1) The Administration considers ISO 5130 1982 E and SAE standards and recommended practices to contain minimum requirements. In conducting tests in compliance with these procedures, the Administration may deviate from the literal requirements when it appears that the integrity of the test methods can be better preserved.
(2) Using instrumentation having greater precision or adding additional equipment to provide more accuracy in determining test conditions, and reducing the presence of objects in the test zone are examples of deviations from the referenced texts.
(3) The appendices attached to the referenced texts contain recommended sound level limits that are not appropriate to this regulation and are therefore deleted.
**Cross References**
11.14.07.13A
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01A, .02B, C, E, .03, and .04 adopted effective October 1, 1975 (2:22 Md. R. 1370)*
- *Administrative History: Regulations .01B, .05—.08 adopted effective December 24, 1975 (2:29 Md. R. 1741)*
- *Administrative History: Regulations .01C, .02, .09—.11 adopted effective October 1, 1975 (2:22 Md. R. 1371)*
- *Administrative History: Regulations .07, .09, and .11 amended effective November 11, 1977 (4:24 Md. R. 1806)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 9, 1984 (11:7 Md. R. 626)*
- *Administrative History: Annotation: COMAR 11.14.05 cited in Attorney General Opinion No. 83-025 (June 15, 1983)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified to COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 17, 2000 (27:7 Md. R. 706)*
- *Authority: Transportation Article, §§12-104(b), 22-601, 22-603, 22-605, 22-607, 22-608, 22-610, Annotated Code of Maryland*
##### **COMAR 11.14.07.15** Manufacturer's Certification. {#sec-11.14.07.15 omnilex-key=us-md-regs-official--title-11--11.14.07.15}
A. Each vehicle manufacturer or distributor of vehicles of a type subject to this chapter, that are to be sold or distributed in this State, shall certify to the Administrator that all vehicles to be sold or distributed are in compliance with the provisions of this chapter.
B. The certification shall be:
(1) Filed annually;
(2) Filed before the date of introduction of a new model; and
(3) Accompanied by a list of models of the same model year that are available outside of this State that do not comply with the provisions of this chapter.
C. Supplemental certifications are required before the date of introduction for new models introduced during the current model year.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01A, .02B, C, E, .03, and .04 adopted effective October 1, 1975 (2:22 Md. R. 1370)*
- *Administrative History: Regulations .01B, .05—.08 adopted effective December 24, 1975 (2:29 Md. R. 1741)*
- *Administrative History: Regulations .01C, .02, .09—.11 adopted effective October 1, 1975 (2:22 Md. R. 1371)*
- *Administrative History: Regulations .07, .09, and .11 amended effective November 11, 1977 (4:24 Md. R. 1806)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 9, 1984 (11:7 Md. R. 626)*
- *Administrative History: Annotation: COMAR 11.14.05 cited in Attorney General Opinion No. 83-025 (June 15, 1983)*
- *Administrative History: ——————*
- *Administrative History: COMAR 11.14.05 Noise Abatement Program recodified to COMAR 11.14.07*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 17, 2000 (27:7 Md. R. 706)*
- *Authority: Transportation Article, §§12-104(b), 22-601, 22-603, 22-605, 22-607, 22-608, 22-610, Annotated Code of Maryland*
### **11.14.08** Vehicle Emissions Inspection Program
##### **COMAR 11.14.08.01** Scope and Applicability. {#sec-11.14.08.01 omnilex-key=us-md-regs-official--title-11--11.14.08.01}
A. Scope. The Vehicle Emissions Inspection Program requires all subject vehicles to be inspected biennially as scheduled by the Administration.
B. Applicability.
(1) Unless exempt under Regulation .04 of this chapter, a vehicle is subject to the provisions of this chapter if it is:
(a) Registered within the emissions inspection area;
(b) Owned or leased by a federal, State, or local government, and assigned and operated within the emissions inspection area for more than 60 days in a calendar year; or
(c) Owned or leased by an employee of the federal government, and operated on any property or facility owned by the federal government within the emissions inspection area for more than 60 days in a calendar year.
(2) Table 1. Test Procedure Applicability.
| | Gross Vehicle Weight (pounds) | Vehicle Model Year | Test Type |
| --- | --- | --- | --- |
| (a) | 8,500 and under | | |
| | | 1996 and newer | On-board diagnostics test |
| (b) | 8,501—14,000 | 1977—2007 | Idle exhaust emissions test, catalytic converter check, and gas cap leak test |
| | | 2008 and newer | On-board diagnostics test |
| (c) | 14,001—26,000 | 1977 and newer | Idle exhaust emissions test, catalytic converter check, and gas cap leak test |
**History**
- *Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1366)*
- *Administrative History: Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)*
- *Administrative History: Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)*
- *Administrative History: Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)*
- *Administrative History: ——————*
- *Administrative History: Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)*
- *Administrative History: Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)*
- *Administrative History: Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland*
##### **COMAR 11.14.08.02** Incorporation by Reference. {#sec-11.14.08.02 omnilex-key=us-md-regs-official--title-11--11.14.08.02}
In this chapter, the following documents are incorporated by reference:
A. Clean Air Act, 42 U.S.C §7521, §7541, and §7545, as amended;
B. 40 CFR §85.1902(d), as amended;
C. 40 CFR §85.2207, as amended;
D. 40 CFR §85.2222, as amended;
E. 40 CFR §85.2231, as amended;
F. 40 CFR Part 51, Subpart S, as amended; and
G. 42 U.S.C. §9902(2), as amended.
**History**
- *Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1366)*
- *Administrative History: Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)*
- *Administrative History: Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)*
- *Administrative History: Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)*
- *Administrative History: ——————*
- *Administrative History: Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)*
- *Administrative History: Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)*
- *Administrative History: Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland*
##### **COMAR 11.14.08.03** Definitions. {#sec-11.14.08.03 omnilex-key=us-md-regs-official--title-11--11.14.08.03}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Maryland Department of Transportation Motor Vehicle Administration.
(2) “ASE” means the National Institute for Automotive Service Excellence.
(3) “Audit” means a periodic quality assurance check, performed by the Administration or the Department, on equipment, records, and personnel regulated under this chapter.
(4) “Auditor” means an employee or designee of the Administration or the Department who performs audits.
(5) “Certificate” means a vehicle inspection report issued electronically or on paper by the Administration or a designee of the Administration, which certifies that a vehicle has undergone an emissions inspection
(6) “Certified emissions repair facility” means a business certified by the Department which:
(a) Engages in emissions-related repairs to vehicles; and
(b) Meets the requirements of Regulation .19 of this chapter.
(7) “Contractor” means a business under contract with the State to operate and manage the vehicle emissions inspection program.
(8) “Date of scheduled inspection” means a specific date, as assigned by the Administration, by which a vehicle shall be inspected.
(9) “Dealer” means a person licensed under Transportation Article, §15-302, Annotated Code of Maryland.
(10) “Department” means the Maryland Department of the Environment.
(11) “Emissions control device” means a design element or device installed on a motor vehicle by the vehicle manufacturer to comply with the standards of the Clean Air Act, 42 U.S.C. §7521, including, but not limited to, the oxygen sensor, catalytic converter, the fuel inlet restrictor; and devices integral to the:
(a) On-board diagnostics system;
(b) Exhaust gas recirculation (EGR) system;
(c) Evaporative emissions control system;
(d) Positive crankcase ventilation (PCV) system;
(e) Air injection system;
(f) Fuel metering system; and
(g) Ignition system.
(12) “Emissions inspection area” means Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, Prince George's, Queen Anne's, and Washington counties, and Baltimore City.
(13) “Emissions-related recall” means a manufacturer plan to remedy vehicle emissions-related defects or nonconformity with new vehicle emissions standards through either a voluntary emissions recall as defined in 40 CFR §85.1902(d), or a remedial plan determination made pursuant to the Clean Air Act, 42 U.S.C. §7541.
(14) “Emissions-related repair” means the inspection, adjustment, repair, or replacement of motor vehicle engine systems, subsystems, or components necessary to bring a vehicle into compliance with the emissions standards set forth in this chapter.
(15) “Emissions standard” means a requirement that relates to the operation or maintenance of a motor vehicle to ensure continuous emissions reduction.
(16) “Fail certificate” means a certificate which indicates that a vehicle is not in compliance with an emissions inspection standard.
(17) “Fleet inspection station” means an establishment licensed by the Department to perform certain emissions inspections.
(18) “Initial inspection” means the first inspection of a vehicle in an inspection cycle.
(19) “Inspection cycle” means an approximate 2-year period which begins with the date of scheduled inspection.
(20) “Inspector” means a person authorized to perform official vehicle emissions inspections under this chapter.
(21) “Master certified emissions technician” means an individual who meets the provisions of Regulation .18 of this chapter.
(22) “Misfueling” means the introduction of improper fuel into a vehicle as prohibited under the Clean Air Act, 42 U.S.C. §7545.
(23) “Model year” means the vehicle model year as designated by the manufacturer or the model year designated by the Administration for a vehicle constructed by other than the original manufacturer.
(24) “Motor vehicle” has the meaning stated in Transportation Article, §11-135, Annotated Code of Maryland.
(25) "Motorist assistance center” means a resource center operated by the contractor that provides technical emissions-related repair guidance to motorists and vehicle repair technicians.
(26) “On-board diagnostics” means an emissions control diagnostics system installed on a vehicle as required by the Clean Air Act, 42 U.S.C. §7521(m), which identifies deterioration or malfunction of vehicle systems and stores the information for retrieval.
(27) “Pass certificate” means a certificate which indicates that a vehicle is in compliance with all applicable emissions standards.
(28) “Recognized repair technician” means a person who:
(a) Performs vehicle repairs as a profession, or is certified as a master certified emissions technician under this chapter; and
(b) Is employed at a facility whose purpose is vehicle repair.
(29) “Registered gross vehicle weight” means the total vehicle weight including load as designated on the vehicle registration record of the Administration.
(30) “Vehicle” means motor vehicle.
(31) “Vehicle emissions inspection station” means a facility approved by the Administration to conduct emissions inspections pursuant to this chapter.
(32) “Waiver” means a determination made by the Administration or a designee of the Administration that the provisions set forth in Regulation .07 of this chapter have been met.
(33) “Zero-emission vehicle” has the meaning stated in Transportation Article, §23-206.4, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1366)*
- *Administrative History: Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)*
- *Administrative History: Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)*
- *Administrative History: Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)*
- *Administrative History: ——————*
- *Administrative History: Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)*
- *Administrative History: Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)*
- *Administrative History: Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland*
##### **COMAR 11.14.08.04** Exemptions. {#sec-11.14.08.04 omnilex-key=us-md-regs-official--title-11--11.14.08.04}
A. The vehicles in §B of this regulation are exempt from the provisions of this chapter.
B. Exempt vehicles include the following vehicles:
(1) A zero-emission vehicle;
(2) A fire or rescue apparatus or ambulance, owned or leased by a state or local government, by a rescue squad, or by a volunteer fire or ambulance company, registered as an emergency vehicle as defined in Transportation Article, §11-118, Annotated Code of Maryland;
(3) A vehicle registered as a Class D motorcycle;
(4) A vehicle registered as a Class E truck with a registered gross vehicle weight greater than 26,000 pounds;
(5) A vehicle registered as a Class E farm truck;
(6) A vehicle registered as a Class F truck tractor;
(7) A vehicle registered as a Class F farm truck tractor;
(8) A vehicle registered as a Class H school vehicle;
(9) A vehicle registered as a Class K farm area vehicle;
(10) A vehicle registered as a Class L historic vehicle;
(11) A vehicle registered as a Class N street rod vehicle;
(12) A vehicle registered as a Class P passenger bus;
(13) A vehicle registered as a Class R low speed vehicle;
(14) A vehicle powered solely by electricity or diesel fuel;
(15) A vehicle with a gross vehicle weight of 8,500 pounds or less and of model year earlier than 1996; or
(16) A military vehicle owned by the federal government and used for tactical, combat, or relief operations, or for training for these operations.
**Cross References**
11.14.08.01B(1)
**History**
- *Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1366)*
- *Administrative History: Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)*
- *Administrative History: Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)*
- *Administrative History: Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)*
- *Administrative History: ——————*
- *Administrative History: Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)*
- *Administrative History: Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)*
- *Administrative History: Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland*
##### **COMAR 11.14.08.05** Schedule of the Program. {#sec-11.14.08.05 omnilex-key=us-md-regs-official--title-11--11.14.08.05}
A. The owner of a nonexempt vehicle shall present the vehicle for a biennial inspection as scheduled by the Administration.
B. Schedule for Vehicle Inspection.
(1) The Administration shall assign each vehicle required to be inspected a date of scheduled inspection for each inspection cycle, and shall send a notice to the vehicle owner before the assigned date.
(2) A vehicle owner shall present the vehicle for a scheduled inspection after receipt of notification, but not later than the date of scheduled inspection.
(3) Unscheduled Inspection.
(a) A new resident of Maryland who owns a vehicle for which a date of scheduled inspection has not been established by the Administration, and who chooses to have the vehicle inspected before titling and registration of the vehicle, may present the vehicle for inspection without notification, and the date the vehicle is initially inspected becomes the date of scheduled inspection.
(b) An existing resident who wishes to change a date of a scheduled inspection may request that the Administration change the scheduled date.
(c) The Administration shall have sole discretion in granting a request under §B(3)(b) of this regulation.
(d) A vehicle that is registered out-of-State or a federal government vehicle may be presented for inspection as required by the state or the federal government, and an unscheduled inspection will be performed.
(4) New Vehicles. For a vehicle that has not been previously titled or registered in any jurisdiction and for which the ownership document is a manufacturer's certificate of origin, the Administration shall assign a date of scheduled inspection which is at least 72 months after the model year of the vehicle.
(5) Change of Address.
(a) Transportation Article, §13-414, Annotated Code of Maryland, requires the owner of a vehicle to notify the Administration of a change of address within 30 days of the change. For purposes of this subsection, the term “address” means the bona fide domicile of the vehicle owner, as defined in COMAR 11.11.06.
(b) If a vehicle owner moves from an address outside of the emissions inspection area to an address within the emissions inspection area, the Administration shall establish a date of scheduled inspection.
(6) Transfer of Ownership. If a vehicle undergoes transfer of ownership within the emissions inspection area, the Administration shall establish a date of scheduled inspection upon vehicle registration.
(7) Out-of-State Vehicles. Unless otherwise exempt, a vehicle which has been previously titled or registered in a jurisdiction outside Maryland shall be assigned a date of scheduled inspection upon registration in the emissions inspection area.
C. Compliance With Emissions-Related Recalls.
(1) The owner of a vehicle scheduled for inspection under this chapter shall have vehicle repairs performed as required by an emissions-related recall notice before presenting the vehicle for inspection.
(2) A vehicle found not to have had repairs performed as required by an emissions-related recall notice shall be rejected from inspection. The vehicle owner shall demonstrate compliance to the satisfaction of the Administration before the vehicle is inspected.
D. Reinspection.
(1) The owner of a vehicle which has failed an inspection shall present the vehicle for reinspection on or before the date of scheduled inspection or, if applicable, the extension expiration date and after emissions-related repairs have been performed on the vehicle.
(2) The vehicle owner shall provide documentation, in a form prescribed by the Administration, indicating all of the following information for the vehicle:
(a) The emissions-related repairs which were performed;
(b) By whom the emissions-related repairs were performed; and
(c) Any emissions-related repairs recommended by the repair technician which were not performed.
(3) A vehicle presented for reinspection without the documentation required in §D(2) of this regulation shall be rejected from reinspection.
E. Rejection from Inspection or Reinspection. Rejection from inspection or reinspection does not alter the schedule for vehicle inspection specified in §§A and B of this regulation.
**Cross References**
11.14.08.11A
11.14.08.13C(1)(a)
11.14.08.13C(2)
**History**
- *Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1366)*
- *Administrative History: Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)*
- *Administrative History: Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)*
- *Administrative History: Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)*
- *Administrative History: ——————*
- *Administrative History: Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)*
- *Administrative History: Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)*
- *Administrative History: Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland*
##### **COMAR 11.14.08.06** Certificates. {#sec-11.14.08.06 omnilex-key=us-md-regs-official--title-11--11.14.08.06}
A. General Requirements. During each inspection cycle, a vehicle inspected under this chapter shall be issued a certificate that indicates the inspection status of the vehicle for the inspection cycle in a manner prescribed by the Administration.
B. Pass Certificate. If a vehicle meets all applicable standards during an inspection, the vehicle is considered to be in compliance for the assigned inspection cycle, and shall be issued a pass certificate which includes a statement certifying that the inspection was performed in accordance with the provisions of this chapter.
C. Fail Certificate. If a vehicle does not meet all applicable standards during an inspection, the vehicle is considered not to be in compliance and shall be issued a fail certificate which includes the following information:
(1) The type of failure and the reason for failure; and
(2) A statement indicating any availability of warranty coverage as provided by the Clean Air Act, 42 U.S.C. §7541.
**History**
- *Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1366)*
- *Administrative History: Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)*
- *Administrative History: Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)*
- *Administrative History: Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)*
- *Administrative History: ——————*
- *Administrative History: Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)*
- *Administrative History: Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)*
- *Administrative History: Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland*
##### **COMAR 11.14.08.07** Waivers. {#sec-11.14.08.07 omnilex-key=us-md-regs-official--title-11--11.14.08.07}
A. General Requirements. A waiver is valid until the next date of scheduled inspection.
B. Repair Waiver.
(1) The owner of a vehicle for which a fail certificate has been issued may apply to the Administration for a waiver from inspection standards for the assigned inspection cycle if all of the following requirements are met:
(a) All applicable warranty coverage has been used, or the vehicle manufacturer or a dealer has issued written denial of the warranty coverage provided for vehicles by the Clean Air Act, 42 U.S.C. §7541;
(b) The vehicle has received emissions-related repairs appropriate to the cause of inspection failure, and the repairs have been performed by a recognized repair technician;
(c) Emissions control devices have not been tampered with or removed, and the vehicle has not been misfueled; and
(d) The owner satisfies the requirements of State law, except for provisions which are superseded by federal law.
(2) The vehicle owner shall submit proof of expenditures for repairs with the waiver application in a form and content acceptable to the Administration. Repair costs, including parts and labor, are limited to only those repairs necessary to bring the vehicle into compliance with applicable emissions standards, and do not include costs:
(a) Determined to be necessary to correct tampering with or the removal of an emissions control device, or to repair damage resulting from misfueling; or
(b) Associated with the repair or replacement of the exhaust system or any of its components.
(3) The Administration or the contractor shall evaluate each waiver application, examine the vehicle for verification of repairs and the presence of required emissions control devices, and may issue a waiver if the provisions of this chapter are met.
(4) The Administration or the contractor may require approval by the motorist assistance center prior to issuing a waiver.
(5) The Administration may grant a time extension to a waiver applicant so that additional repairs may be obtained, or to adequately evaluate and verify the contents of the waiver application.
C. Senior Citizens.
(1) A waiver may be granted to a vehicle owner who is 70 years of age or older at the time of the scheduled inspection for a vehicle that is driven 5,000 miles or less per year.
(2) In the case of more than one owner of a vehicle, all owners listed on the vehicle title must meet the age requirement.
(3) All information provided by the vehicle owner is subject to verification by the Administration.
D. Disabled Persons.
(1) A waiver may be granted to the owner of a vehicle for which special registration plates have been issued under Transportation Article, §13-616, Annotated Code of Maryland, and which is driven 5,000 miles or less per year.
(2) In the case of more than one owner of a vehicle, all owners listed on the vehicle title must meet the disability requirements.
(3) All information provided by the vehicle owner is subject to verification by the Administration.
E. Deployed Military Personnel.
(1) A waiver may be granted to a vehicle owner who is an active duty member of the armed services of the United States if the following requirements are met:
(a) The vehicle owner has received military orders:
(i) For deployment outside the United States; or
(ii) To a duty station in a jurisdiction that is not subject to a vehicle emissions control inspection and maintenance program.
(b) All owners listed on the vehicle title have certified that at least one owner of the vehicle has met the criteria of §E(1)(a) of this regulation.
(2) All information provided by the vehicle owner is subject to verification by the Administration.
**Cross References**
11.14.08.03B(32)
**History**
- *Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1366)*
- *Administrative History: Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)*
- *Administrative History: Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)*
- *Administrative History: Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)*
- *Administrative History: ——————*
- *Administrative History: Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)*
- *Administrative History: Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)*
- *Administrative History: Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland*
##### **COMAR 11.14.08.08** Extensions. {#sec-11.14.08.08 omnilex-key=us-md-regs-official--title-11--11.14.08.08}
A. The Administration may grant a time extension for a vehicle owner to comply with the requirements of this chapter. An extension may be granted only if the Administration determines that the vehicle owner has made efforts to have the vehicle inspected or repaired and circumstances have developed which are beyond the reasonable control of the vehicle owner. An extension shall be of the shortest duration possible, as determined by the Administration.
B. The Administration may grant a time extension for a vehicle registered in the emissions inspection area but operated in or assigned to an area outside of the emissions inspection area. The vehicle owner shall present the vehicle for inspection upon its return to the emissions inspection area.
C. Economic Hardship. The Administration may grant a time extension, not to exceed the period of the inspection cycle, to a motorist to obtain needed repairs on a vehicle in the case of economic hardship. The vehicle owner shall submit documentation, subject to verification by the Administration, that all vehicle owners listed on the vehicle title meet the Federal Poverty Level Guidelines as updated annually in the Federal Register by the U.S. Department of Health and Human Services under authority of 42 U.S.C. §9902(2).
**History**
- *Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1366)*
- *Administrative History: Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)*
- *Administrative History: Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)*
- *Administrative History: Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)*
- *Administrative History: ——————*
- *Administrative History: Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)*
- *Administrative History: Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)*
- *Administrative History: Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland*
##### **COMAR 11.14.08.09** Enforcement. {#sec-11.14.08.09 omnilex-key=us-md-regs-official--title-11--11.14.08.09}
A. The requirements of this chapter relating to vehicle inspection shall be enforced by the Administration through the use of administrative sanctions in the form of:
(1) Suspension of vehicle registration;
(2) Denial of vehicle registration renewal; or
(3) Confiscation of the vehicle registration plates.
B. If the vehicle is not issued a pass certificate, a waiver, or an extension on or before the date of scheduled inspection or, if applicable, the extension expiration date, a notice of suspension of registration shall be forwarded to the vehicle owner of record by the Administration. The notice shall:
(1) Contain vehicle identification information and a suspension date which is at least 15 days after the date of the notice; and
(2) Provide a means for the owner to resolve, to the satisfaction of the Administration, any issues so that the Administration may cancel the impending suspension.
C. Suspension.
(1) If the issues which led to the notice of suspension of registration are not resolved before the suspension date, the vehicle registration shall be suspended and the owner shall forward the vehicle registration plates to the Administration.
(2) If the vehicle owner fails to comply with the suspension, the Administration may issue an order to confiscate the vehicle registration plates.
(3) If the vehicle registration is suspended and a pass certificate, a waiver, or an extension has not been issued, the vehicle registration remains suspended and subsequent renewal of registration shall be denied until the vehicle is in compliance with the requirements of this chapter.
**History**
- *Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1366)*
- *Administrative History: Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)*
- *Administrative History: Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)*
- *Administrative History: Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)*
- *Administrative History: ——————*
- *Administrative History: Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)*
- *Administrative History: Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)*
- *Administrative History: Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland*
##### **COMAR 11.14.08.10** Test Standards. {#sec-11.14.08.10 omnilex-key=us-md-regs-official--title-11--11.14.08.10}
A. Idle Exhaust Emissions Test.
(1) A vehicle shall fail if sample dilution occurs.
(2) Hydrocarbon (HC) and carbon monoxide (CO) emissions may not exceed the following values:
(a) Table 2. Gross vehicle weight greater than 8,500 pounds but less than or equal to 10,000 pounds.
| | Vehicle Model Year | HC (parts per million) | CO (percent) |
| --- | --- | --- | --- |
| (i) | 1977 | 580 | 7.00 |
| (ii) | 1978 | 550 | 6.70 |
| (iii) | 1979 | 470 | 5.00 |
| (iv) | 1980 | 350 | 5.00 |
| (v) | 1981 | 250 | 3.00 |
| (vi) | 1982 | 220 | 2.50 |
| (vii) | 1983 | 220 | 1.50 |
| (viii) | 1984—1990 | 220 | 1.20 |
| (ix) | 1991—1992 | 200 | 1.00 |
| (x) | 1993—1995 | 175 | 1.00 |
| (xi) | 1996—2000 | 125 | 1.00 |
| (xii) | 2001 and newer | 100 | 0.75 |
(b) Table 3. Gross vehicle weight greater than 10,000 pounds:
| | Vehicle Model Year | HC (parts per million) | CO (percent) |
| --- | --- | --- | --- |
| (i) | 1977 | 650 | 7.00 |
| (ii) | 1978 | 650 | 7.00 |
| (iii) | 1979 | 650 | 6.50 |
| (iv) | 1980 | 500 | 6.00 |
| (v) | 1981 | 500 | 6.00 |
| (vi) | 1982 | 500 | 6.00 |
| (vii) | 1983 | 500 | 3.50 |
| (viii) | 1984—1985 | 440 | 3.00 |
| (ix) | 1986 | 280 | 2.50 |
| (x) | 1987—1992 | 220 | 1.20 |
| (xi) | 1993—1995 | 200 | 1.00 |
| (xii) | 1996—2000 | 125 | 1.00 |
| (xiii) | 2001 and newer | 100 | 0.75 |
B. Gas Cap Leak Test.
(1) A vehicle shall fail if the gas cap is missing, broken, or the wrong style for the vehicle.
(2) The gas cap leak rate may not exceed 60 cubic centimeters per minute at a pressure of 30 inches of water column.
C. On-Board Diagnostics Test.
(1) A vehicle shall fail if a component of the on-board diagnostics system is missing or damaged.
(2) Standards for the on-board diagnostics test are specified in 40 CFR §85.2207 and 40 CFR §85.2222.
**History**
- *Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1366)*
- *Administrative History: Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)*
- *Administrative History: Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)*
- *Administrative History: Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)*
- *Administrative History: ——————*
- *Administrative History: Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)*
- *Administrative History: Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)*
- *Administrative History: Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland*
##### **COMAR 11.14.08.11** General Requirements for Inspection and Preparation for Inspection {#sec-11.14.08.11 omnilex-key=us-md-regs-official--title-11--11.14.08.11}
A. Emissions Related Recall. An inspector shall reject from inspection a vehicle which has not had repairs performed as required by an emissions-related recall notice, as specified in Regulation .05C of this chapter.
B. Vehicle Preparation.
(1) Before vehicle inspection, the inspector shall visually check the vehicle for a condition which has potential to cause injury, damage the inspection station or the test equipment, or invalidate the inspection, including, but not limited to:
(a) Overheating;
(b) Leaks of coolant, oil, or fuel;
(c) Visible tailpipe emissions other than steam; or
(d) A missing, damaged, or leaking exhaust system.
(2) If an unsafe condition or an exhaust leak is found, the inspector shall reject the vehicle from testing. If an unsafe condition develops during a test, the inspector shall abort the inspection.
(3) The inspector shall ensure that all vehicle accessories are turned off.
**History**
- *Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1366)*
- *Administrative History: Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)*
- *Administrative History: Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)*
- *Administrative History: Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)*
- *Administrative History: ——————*
- *Administrative History: Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)*
- *Administrative History: Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)*
- *Administrative History: Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland*
##### **COMAR 11.14.08.12** Test Equipment and Test Procedures. {#sec-11.14.08.12 omnilex-key=us-md-regs-official--title-11--11.14.08.12}
A. Idle Exhaust Emissions Test.
(1) Test Equipment. Idle exhaust emission test equipment shall be approved by the Administration and the Department.
(2) Test Procedures.
(a) The inspector shall fail the vehicle if sample dilution occurs.
(b) Except as provided in §A(2)(a) of this regulation, the inspector shall conduct the idle exhaust emissions test in accordance with the procedures specified in 40 CFR Part 51, Subpart S.
B. Catalytic Converter Check. If the vehicle is required to be equipped with a catalytic converter, the inspector shall check for the presence of the catalytic converter, and fail the vehicle if a catalytic converter is not present.
C. Gas Cap Leak Test.
(1) Test Equipment. Gas cap leak test equipment shall be approved by the Administration and the Department.
(2) Test Procedures. The inspector shall remove the gas cap from the vehicle, attach the gas cap to the test equipment, perform the leak test, return the gas cap to the vehicle, and properly tighten the gas cap on the vehicle.
D. On-Board Diagnostics Test.
(1) Test Equipment. On-board diagnostics test equipment shall:
(a) Be approved by the Administration and the Department; and
(b) Meet the requirements and functions specified in 40 CFR §85.2231.
(2) Test Procedures.
(a) The inspector shall fail the vehicle if a component of the on-board diagnostics system is missing or damaged.
(b) Except as provided in §D(2)(a) of this regulation, the inspector shall conduct the on-board diagnostics test following the test procedure specified by the equipment manufacturer, and in accordance with the procedures specified in 40 CFR §85.2222.
**Cross References**
11.14.08.20F(1)
**History**
- *Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1366)*
- *Administrative History: Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)*
- *Administrative History: Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)*
- *Administrative History: Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)*
- *Administrative History: ——————*
- *Administrative History: Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)*
- *Administrative History: Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)*
- *Administrative History: Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland*
##### **COMAR 11.14.08.13** Failed Vehicle and Reinspection Procedures. {#sec-11.14.08.13 omnilex-key=us-md-regs-official--title-11--11.14.08.13}
A. Failed Vehicle. The contractor shall provide information as to the reason for the vehicle failure to the operator of a failed vehicle
B. The contractor or the Administration may refer the vehicle operator to the motorist assistance center.
C. Reinspection.
(1) The inspector shall reject from reinspection a vehicle:
(a) For which the documentation required in Regulation .05D(2) of this chapter is not provided; or
(b) Which had failed with an on-board diagnostics fault code related to the catalyst or evaporative emissions control system, and the applicable readiness monitor is not set.
(2) The inspector shall collect the documentation required in Regulation .05D(2) of this chapter from the operator of each vehicle which is reinspected.
(3) For reinspection, the inspector shall perform the same inspection procedures as the initial inspection and apply the same inspection standards.
**History**
- *Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1366)*
- *Administrative History: Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)*
- *Administrative History: Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)*
- *Administrative History: Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)*
- *Administrative History: ——————*
- *Administrative History: Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)*
- *Administrative History: Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)*
- *Administrative History: Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland*
##### **COMAR 11.14.08.14** Quality Assurance and Maintenance. {#sec-11.14.08.14 omnilex-key=us-md-regs-official--title-11--11.14.08.14}
A. The Contractor shall develop, maintain, and modify as required by the Administration and the Department a comprehensive quality assurance and maintenance plan for vehicle emissions inspection stations complying with the provisions of this chapter, and shall implement the quality assurance plan after approval of the plan by the Administration and the Department.
B. The contractor shall include the following information in the quality assurance plan:
(1) Test assurance procedures to be conducted by the contractor for each test;
(2) Periodic quality assurance check procedures and precision check procedures to be conducted by the contractor on the test equipment;
(3) For each test assurance procedure, periodic quality assurance check, and precision check conducted by the contractor, the:
(a) Primary standard to which each instrument, device, or material used for a check is traceable,
(b) Acceptable tolerance for each check,
(c) Corrective action to be taken for a check result outside of the acceptable tolerance, and
(d) Recheck procedure to follow corrective action;
(4) Maintenance procedures to be conducted by the contractor on the test equipment, which follow the equipment manufacturers' specifications at a minimum; and
(5) Record-keeping practices to be conducted by the contractor.
C. If a test assurance procedure is failed, the contractor shall record the event and void the test.
D. If a periodic quality assurance check or precision check is failed, the contractor shall record the event, automatically prevent official testing, and take immediate corrective action.
E. Maintenance Log.
(1) The contractor shall keep a maintenance log for each test system, in a form which has been approved by the Administration and the Department, and shall record each maintenance event in the log.
(2) Failure of the contractor to properly maintain equipment or to properly keep a maintenance log may be cause for the Administration or the Department to suspend official testing until the contractor takes corrective action which has been approved by the Administration or the Department.
(3) The contractor shall keep each maintenance log for the duration of the vehicle emissions inspection program unless otherwise directed by the Department.
F. The contractor shall allow access to inspection equipment, personnel, and records for Administration or Department personnel to perform quality assurance audits. Failure of a quality assurance audit may be cause for the Administration or the Department to suspend official testing until the contractor takes corrective action which has been approved by the Administration or the Department.
**History**
- *Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1366)*
- *Administrative History: Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)*
- *Administrative History: Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)*
- *Administrative History: Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)*
- *Administrative History: ——————*
- *Administrative History: Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)*
- *Administrative History: Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)*
- *Administrative History: Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland*
##### **COMAR 11.14.08.15** Vehicle Emissions Inspection Station. {#sec-11.14.08.15 omnilex-key=us-md-regs-official--title-11--11.14.08.15}
A. General Requirements.
(1) The contractor shall make available to the Administration or the Department, as required, vehicle emissions inspection station equipment and personnel to perform quality assurance checks and program evaluation functions.
(2) The contractor shall collect, maintain, and make available to the Administration and the Department, as required, inspection data and inspection station operation data in compliance with the provisions of this chapter.
B. Fees.
(1) The fee established in COMAR 11.11.05 shall be paid during or before an initial inspection or a second or subsequent reinspection.
(2) The late fee established in COMAR 11.11.05 shall be paid during or before an initial inspection or reinspection performed after the date of scheduled inspection, or if applicable, after the extension expiration date.
(3) The fee established in COMAR 11.11.05 shall be paid during or before an inspection performed but not required under this chapter.
(4) The contractor shall accept payment of inspection, reinspection, and late fees in cash or personal check, or with a major credit card which has been approved for use by the Administration.
**Cross References**
11.14.08.20E(2)
**History**
- *Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1366)*
- *Administrative History: Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)*
- *Administrative History: Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)*
- *Administrative History: Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)*
- *Administrative History: ——————*
- *Administrative History: Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)*
- *Administrative History: Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)*
- *Administrative History: Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland*
##### **COMAR 11.14.08.16** Inspector Training and Performance Review. {#sec-11.14.08.16 omnilex-key=us-md-regs-official--title-11--11.14.08.16}
A. Inspector Training.
(1) The contractor shall develop, maintain, and modify, as required by the Administration and the Department, an inspector training program to include both classroom and hands-on training, with provisions for initial and periodic in-service training.
(2) The contractor shall use the training program after the program has been approved by the Administration and the Department.
(3) The contractor shall provide training that meets the provisions of this chapter to each inspector before the inspector may perform inspections.
(4) The contractor shall provide periodic in-service inspector training over a period established by the Administration and the Department.
B. Inspector Performance.
(1) The performance of an inspector may be periodically reviewed by the Administration and the Department, either overtly or covertly.
(2) Correction.
(a) The contractor shall ensure that any failure of an inspector at a vehicle emissions inspection station to adequately implement the provisions of this chapter is corrected.
(b) Correction may include retraining or dismissal of the inspector.
**History**
- *Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1366)*
- *Administrative History: Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)*
- *Administrative History: Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)*
- *Administrative History: Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)*
- *Administrative History: ——————*
- *Administrative History: Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)*
- *Administrative History: Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)*
- *Administrative History: Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland*
##### **COMAR 11.14.08.17** Vehicle Data for Vehicle Repair Assistance. {#sec-11.14.08.17 omnilex-key=us-md-regs-official--title-11--11.14.08.17}
A. The contractor shall issue a report containing information on test results of a vehicle which has failed an emissions inspection to an individual seeking to have repairs performed on the vehicle.
B. The contractor shall:
(1) Make the report available electronically to vehicle owners, certified emissions repair facilities, and master certified emissions technicians; and
(2) Provide read-only, convenient, and standardized access.
C. The contractor shall include information specified by the Administrator and the Department in the report.
**History**
- *Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1366)*
- *Administrative History: Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)*
- *Administrative History: Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)*
- *Administrative History: Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)*
- *Administrative History: ——————*
- *Administrative History: Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)*
- *Administrative History: Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)*
- *Administrative History: Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland*
##### **COMAR 11.14.08.18** Master Certified Emissions Technician. {#sec-11.14.08.18 omnilex-key=us-md-regs-official--title-11--11.14.08.18}
A. Initial Application and Certification.
(1) To qualify for certification, an individual shall:
(a) Successfully complete an orientation course approved by the Department;
(b) Demonstrate 5 years of full-time employment experience as an automotive technician performing emissions-related repairs on on-road vehicles, except that an individual with 2 full years of full-time education related to the repair of on-road vehicles need only demonstrate 4 years of the required employment; and
(c) Possess all of the following current, valid ASE certifications:
(i) Electrical Systems (A-6),
(ii) Engine Performance (A-8), and
(iii) Advanced Engine Performance Specialist (L-1).
(2) An individual qualifying for certification may submit an application to the Department. Upon approval of the application, the Department shall provide documentation of certification. Certification is valid through the earliest of the following dates:
(a) The expiration date of the individual's ASE Electrical Systems (A-6) certification;
(b) The expiration date of the individual's ASE Engine Performance (A-8) certification; or
(c) The expiration date of the individual's ASE Advanced Engine Performance Specialist (L-1) certification.
B. Certification Renewal.
(1) An individual with current, valid certification may apply for certification renewal within 60 days before certification expiration.
(2) To renew a certification, an individual shall:
(a) Submit an application to the Department; and
(b) Possess current, valid applicable ASE certifications as required in §A of this regulation.
(3) Certification renewed under this section is valid through the applicable date defined in §A of this regulation.
C. Suspension, Revocation, and Denial of Certification.
(1) The Department may suspend, revoke, or deny renewal of a certification if the certified individual:
(a) Knowingly communicates any false, inaccurate, or misleading information to any person or in any certificate, record, or document regarding the vehicle emissions inspection program;
(b) Fraudulently or deceptively obtains or attempts to obtain a certification; or
(c) Fails an audit under this regulation.
(2) An individual whose certification has been suspended may be subject to:
(a) Additional training or testing as approved by the Department before the certification is reinstated; or
(b) Revocation of a certification for which suspension has exceeded 6 months.
(3) An individual whose certification has been revoked may reapply for certification according to the procedures of §A of this regulation, if:
(a) At least 90 days have elapsed since the revocation; and
(b) The individual has taken corrective action approved by the Department.
D. Performance Audit. The Department shall conduct an audit of the performance of a master certified emissions technician periodically. The audit shall include an evaluation of vehicle repair history.
**Cross References**
11.14.08.03B(21)
**History**
- *Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1366)*
- *Administrative History: Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)*
- *Administrative History: Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)*
- *Administrative History: Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)*
- *Administrative History: ——————*
- *Administrative History: Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)*
- *Administrative History: Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)*
- *Administrative History: Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland*
##### **COMAR 11.14.08.19** Certified Emissions Repair Facility. {#sec-11.14.08.19 omnilex-key=us-md-regs-official--title-11--11.14.08.19}
A. Initial Application and Certification. To qualify for certification, a person shall:
(1) Submit an application to the Department;
(2) Maintain a repair facility capable of making emissions-related adjustments and repairs;
(3) Possess all required equipment as listed in §C of this regulation;
(4) Pass an audit as defined in §F of this regulation; and
(5) Employ all required personnel as listed in §D of this regulation.
B. Suspension, Revocation, and Denial of Certification.
(1) The Department may suspend, revoke, or deny a certification under any of the following conditions:
(a) False, inaccurate, or misleading information is knowingly communicated to any person or in any certificate, record, or document regarding the vehicle emissions inspection program;
(b) Certification is obtained, or attempted to be obtained, fraudulently or deceptively;
(c) An audit under §F of this regulation is failed; or
(d) Evidence is exhibited that vehicles repaired by the facility under this chapter have repeatedly failed reinspections.
(2) The Department may reinstate a suspended certification upon the resumption of compliance by the facility with the requirements of this chapter.
(3) Upon revocation of certification a person shall, within 10 business days, return to the Department all materials which were issued as a result of the certification, including any signs and documents, and remove any other materials which may lead the public to believe that the facility continues to be certified.
(4) A person whose certification has been revoked may reapply for certification according to the procedures of §A of this regulation if:
(a) At least 90 days have elapsed since the revocation; and
(b) Corrective action approved by the Department has been taken.
C. Equipment and Tool Requirements. A certified emissions repair facility shall possess and update as required diagnostic equipment and tools as specified by the Department, including but not limited to:
(1) Emissions diagnostic and repair information for affected model year vehicles;
(2) A scan tool to extract fault codes from any vehicle equipped with on-board diagnostics;
(3) A multimeter;
(4) A fuel or hydraulic pressure gauge;
(5) A vacuum gauge;
(6) A vacuum pump; and
(7) A compression tester or cylinder leak down tester.
D. Personnel Requirements.
(1) A certified emissions repair facility shall ensure that only a master certified emissions technician diagnoses emissions-related faults, and supervises or performs emissions-related repairs and adjustments to bring vehicles into compliance with the provisions of this chapter.
(2) A certified emissions repair facility shall employ at least one full-time master certified emissions technician at each certified emissions repair facility location and ensure that a master certified emissions technician:
(a) Is routinely scheduled to work during the advertised operating hours of the facility; and
(b) Provides documentation, in a form prescribed by the Administration and the Department, on the vehicle repairs performed and certifies that the repairs have been performed or supervised by a master certified emissions technician.
E. Equipment Quality Assurance. For all equipment required under this regulation, a certified emissions repair facility shall follow, at a minimum, the manufacturer's specifications for maintenance and calibration, and the procedures established by the Department.
F. Audits.
(1) A certified emissions repair facility shall allow access to Department personnel to conduct audits of the facility. Audits will be conducted at random and with no prior notification.
(2) An audit shall include:
(a) A review of vehicle repair history; and
(b) Checks of record-keeping, equipment, and compliance with personnel requirements.
(3) Audit failure is cause for suspension, revocation, or denial of facility certification.
G. Record Keeping.
(1) A certified emissions repair facility shall maintain the following records, separately and in chronological order, for a period of 3 years, at the facility or at an alternative location approved by the Department:
(a) Records of quality assurance procedures in compliance with the provisions of this chapter; and
(b) Vehicle repair records.
(2) A certified emissions repair facility shall make the records available for inspection or for duplication upon request of the Department.
**Cross References**
11.14.08.03B(6)(b)
**History**
- *Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1366)*
- *Administrative History: Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)*
- *Administrative History: Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)*
- *Administrative History: Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)*
- *Administrative History: ——————*
- *Administrative History: Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)*
- *Administrative History: Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)*
- *Administrative History: Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland*
##### **COMAR 11.14.08.20** Fleet Inspection Station. {#sec-11.14.08.20 omnilex-key=us-md-regs-official--title-11--11.14.08.20}
A. Initial Application and Licensure.
(1) A fleet inspection station license authorizes the licensee to inspect those vehicles that are part of the fleet designated by the licensee.
(2) A person seeking licensure of an establishment as a fleet inspection station shall apply on forms provided by the Department.
(3) To qualify for licensure, an establishment shall comply with the following requirements:
(a) Maintain a repair facility capable of making emissions-related adjustments and repairs;
(b) Possess *and update as required* diagnostic equipment and tools *as specified by the Department* , *including but not limited to* :
(i) Emissions diagnostic and repair information for affected model year vehicles;
(ii) A multimeter;
(iii) A fuel or hydraulic pressure gauge;
(iv) A vacuum gauge;
(v) A vacuum pump; and
(vi) A compression tester or cylinder leak down tester.
(c) Allow access to Department personnel to perform quality assurance checks on equipment and personnel;
(d) Employ at least one master certified emissions technician;
(e) Ensure that a master certified emissions technician performs all inspections, adjustments, and repairs required to bring vehicles into compliance with the provisions of this chapter; and
(f) Ensure that each master certified emissions technician undergoes initial test equipment operation and maintenance training, and periodic re-training as required by the Department.
B. License Suspension and Revocation.
(1) The Department may suspend or revoke a license if the licensee:
(a) Fraudulently or deceptively obtains a license;
(b) Fails at any time to meet the qualifications for a license or to fulfill any requirement, procedure, or standard established in this chapter; or
(c) Fails an audit under §C of this regulation.
(2) A licensee whose license has been suspended may be subject to additional personnel training or inspection as approved by the Department before the license is reinstated.
(3) A licensee whose license has been revoked may reapply if:
(a) At least 90 days have elapsed since the revocation; and
(b) The licensee has taken corrective action approved by the Department.
(4) Upon revocation of a license, a licensee shall deliver to the Department within 10 working days of the revocation all materials which were issued as a result of the licensing.
C. Audits.
(1) A fleet inspection station shall allow access to Department personnel to conduct audits of the facility, equipment, and personnel.
(2) Audits shall be conducted at random and with no prior notification.
(3) The Department may:
(a) Monitor the emissions inspections conducted by a fleet inspection station;
(b) Require re-inspection of a vehicle as a quality control or compliance measure *; and*
(c) Evaluate the ability of a master certified emissions technician to correctly perform an inspection *.*
D. Record-Keeping Requirements.
(1) A fleet inspection station shall maintain the following records, separately and in chronological order, for a period of 3 years:
(a) One copy of each certificate issued to each vehicle inspected;
(b) Records of quality assurance procedures performed in compliance with the provisions of this regulation;
(c) Vehicle repair records; and
(d) Additional vehicle test data as required by the Department.
(2) The records required in §D(1) of this regulation shall be made available for inspection upon the request of the Department.
E. Inspection Fees.
(1) A fleet inspection station shall pay to the contractor the fee established in COMAR. 11.11.05.06 for each official test conducted by the fleet inspection station.
(2) A fleet inspection station shall pay to the contractor the fee specified in Regulation .15 of this chapter for an inspection or a reinspection conducted at a vehicle emissions inspection station.
(3) A fleet inspection station operated by the State or a county or local government is exempt from the fee in §E(1) of this regulation.
F. Test Equipment and Test Procedures. A fleet inspection station shall:
(1) Own or lease test equipment provided by the contractor that meets the requirements of Regulation .12 of this chapter;
(2) Provide the Internet and electrical connections needed to operate the test equipment and transmit required data to and from the contractor's central data system;
(3) Operate the test equipment according to procedures specified by the Contractor and approved by the Department, using contractor supplied or approved consumables;
(4) Allow access to the test equipment for the contractor to perform service or upgrades as needed; and
(5) Acquire and maintain any additional equipment specified by the Department as necessary to adequately inspect vehicles.
G. Quality Assurance and Maintenance.
(1) A fleet inspection station shall comply with the contractor's quality assurance and maintenance plan, including quality assurance and maintenance procedures conducted by the master certified emissions technician and the contractor.
(2) If the test equipment fails any quality assurance checks required under §G(1) of this regulation, the fleet inspection station may not conduct vehicle inspections until all quality assurance checks are subsequently passed.
**History**
- *Administrative History: Effective date: August 17, 1981 (8:16 Md. R. 1366)*
- *Administrative History: Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)*
- *Administrative History: Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)*
- *Administrative History: Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)*
- *Administrative History: ——————*
- *Administrative History: Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)*
- *Administrative History: Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)*
- *Administrative History: Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)*
- *Administrative History: Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)*
- *Administrative History: Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland*
### **11.14.09** Safety Standards for Low Speed Vehicles
##### **COMAR 11.14.09.01** Applicability. {#sec-11.14.09.01 omnilex-key=us-md-regs-official--title-11--11.14.09.01}
A. The standards, requirements, and procedures set forth in this chapter are applicable to originally manufactured low speed vehicles with originally installed equipment or equipment manufactured and installed to meet the federal and State requirements for low speed vehicles. Any questions regarding low speed vehicle standards or specifications shall be referred to the Automotive Safety Enforcement Division of the Department of State Police.
B. A low speed vehicle shall comply with federal standards under 49 CFR §571.500. A federal motor vehicle safety certification label shall be affixed to the vehicle identifying it as a “Low Speed Vehicle” for the regulations of this chapter to apply.
C. The vehicle shall be equipped with the manufacturer's owner's/operator's manual at the time the vehicle is undergoing a State inspection. The vehicle owner or agent may be required to present to the inspection station any manufacturer's testing procedures or specifications required for inspection.
D. It is recommended that the vehicle owner or agent, before presenting the vehicle for inspection, charge the battery systems as prescribed by the vehicle manufacturer to ensure the vehicle operates at peak efficiency to prevent unnecessary rejection of components due to a weak or low battery.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.02** Incorporation by Reference. {#sec-11.14.09.02 omnilex-key=us-md-regs-official--title-11--11.14.09.02}
In this chapter, Surface Vehicle Standards for Low Speed Vehicles, SAE J2358 (Society of Automotive Engineers, Inc., March 2002) is incorporated by reference.
**Cross References**
11.14.09.05F(1)
11.14.09.21A
11.14.09.23A
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.03** Performance. {#sec-11.14.09.03 omnilex-key=us-md-regs-official--title-11--11.14.09.03}
A. Due to the vehicle's required speed limitations and the restricted highways where operation is permitted, a road test is not required. The vehicle, however, must be capable of moving under its own power in and out of the inspection area. The vehicle will be required to function as designed in all operational settings. Observe for any adverse steering, handling, or braking reactions.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inflate tires to recommended pressures. While maneuvering the vehicle on the parking lot of the inspection facility and in and out of inspection area, observe for any adverse steering, handling, or braking reactions. | (1) Any adverse steering, handling, or braking reactions are noted. |
| (2) Inspect the vehicle's ability to function as designed in all operational settings, for example, forward, neutral, reverse, road and turf/high and low, etc. | (2) The vehicle fails to function as designed in any operational setting. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.04** Steering, Alignment, and Suspension. {#sec-11.14.09.04 omnilex-key=us-md-regs-official--title-11--11.14.09.04}
A. Steering. Inspect the entire steering system including steering wheel, steering column, lash, linkage, free play, and power steering, if so equipped, for missing, loose, damaged, or worn parts.
(1) Steering Wheel. The steering wheel shall be inspected to determine if it is circular (complete rim) and free of cracks, breaks, or objects that will interfere with the safe steering of the vehicle. The inspection must determine that the steering wheel is original equipment or equivalent, including diameter.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Inspect for missing, broken, or altered rim. (b) Inspect for cracks or breaks that would interfere with safe steering. (c) Inspect for objects that would interfere with safe steering. (d) Inspect for hand controls of vehicles equipped for physically disabled persons. (e) Inspect steering wheel for size and equivalency to original equipment. | (a) Steering wheel rim is broken, cut, severely bent, or altered to the point it is not continuous. (b) There are cracks or breaks large enough to grasp clothing, jewelry, hand, or fingers. (c) There are cracks, breaks, or objects attached that would interfere with safe steering. If vehicle is equipped with hand controls for physically disabled, special equipment is acceptable if it is part of the manual controls, including steering knobs. (d) Any controls are not readily accessible (within arm's length) or are binding, damaged, or jammed. (e) Steering wheel is not original or equivalent including size. |
| *Agency Note: After market steering wheel covers must be removed for inspection.* | |
(2) Steering Column. Inspection of steering column shall be made to determine if there are any missing, broken, or worn parts and if the column is securely attached to vehicle. If equipped with an energy absorbing steering column, inspect to determine if steering column is capable of functioning as designed and shows no indication of having been collapsed.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Inside Passenger Compartment. | (a) Inside Passenger Compartment. |
| (i) Inspect steering column for missing, worn, or damaged parts. Inspect for looseness or play in steering wheel and column. (ii) Inspect attachment of steering column to dash for evidence of looseness, damage, or worn parts. (iii) If equipped with energy absorbing steering column, inspect for separation or looseness of shear capsule from bracket. Inspect for general looseness of wheel and column. (iv) Inspect for objects mounted on energy absorbing steering column that would prevent it from collapsing upon impact. | (i) Steering column contains any missing, worn, or damaged parts, or looseness, or play is noted in steering wheel and column. (ii) Attachment of steering column to dash reveals loose, damaged, or worn parts. (iii) Shear capsule is separated from bracket, or if wheel and column can be moved as a unit. (iv) Objects are mounted on energy absorbing steering column. |
| (b) Under Hood. | (b) Under Hood. |
| (i) Inspect steering column for missing, damaged, or worn parts. (ii) Inspect for worn, loose, or damaged U joints or similar connecting joints. (iii) If equipped with an energy absorbing steering column, inspect for condition of shear pins or similar type collapsible portion. | (i) Column contains missing, damaged, or worn parts. (ii) U joints or similar connecting joints are worn, loose, or damaged. (iii) Column shows indication of having been collapsed. |
(3) Lash.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) With front wheels in straight ahead position, turn steering wheel until the turning motion can be observed at the road wheels. Measure lash. If vehicle is equipped with power steering, inspect with the system functioning as designed. | (a) A total movement in excess of that shown in the following table is measured at the steering wheel rim before the front wheels move: Steering System Lash Rack and pinion steering 0.4 inches (10 mm) All other steering 2 inches |
(4) Travel.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Turn steering wheel through a full right and left turn and feel for binding or jamming conditions. If vehicle is equipped with power steering, inspect with the system functioning as designed. | (a) Any roughness, jamming, binding, or any excessive play in the steering linkage is present when turning the wheels from full right to full left. |
(5) Linkage.
Linkage Play. Excessive free play causes wheel shimmy, erratic brake action, and steering control problems. Make sure any looseness detected is not wheel bearing free play.
Spring or Torsion Bar Height. Optimum spring height is established as part of the overall design of wheel alignment angles. Rack and Pinion Assembly, or Steering Box. Lack of proper lubrication caused by leakage will lead to excessive wear and free play in these components.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Steering Linkage Play. With the vehicle raised on approved lift and the wheels in a straight-ahead position, grasp front and rear of each tire and attempt to rock wheel and tire assembly right and left. Inspect for any looseness or adverse movement at any steering linkage joint. | (a) Any looseness or adverse movement is detected in any steering linkage balls and sockets noted while rocking wheel and tire assembly right and left by hand. |
| (b) Grasp each steering linkage joint by hand and check for looseness or adverse movement. | (b) Any looseness or adverse movement is detected in any steering linkage balls and sockets tested by hand. |
| (c) Visually inspect steering linkage for any missing, worn, loose, damaged, or misaligned parts. | (c) (i) Tie rod, tie rod ends, center or drag link, pitman or idler arm, if so equipped, are missing, worn, loose, damaged, or misaligned. (ii) Joints are not secured with cotter pins or other locking devices. (iii) Any dust or grease retainer boot is missing or damaged to permit loss of grease or contamination of joint. (iv) Steering stops allow tire to rub frame, metal, or other chassis parts. |
| (d) Visually inspect the rack and pinion assembly or, if so equipped, steering box for loose or worn mounting bolts or bushings, leakage, and general condition. | (d) The rack and pinion assembly or, if so equipped, steering box contains loose or worn mounting bolts or bushings, structural damage affecting operation, or is damaged, or deteriorated to cause leakage. |
(6) Power Steering (If so equipped).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Inspect power steering system for its ability to function as designed by vehicle manufacturer, and for general condition. Perform testing/inspection procedures necessary to determine if power steering system is in proper condition and functioning as designed. Consult vehicle manufacturer if necessary. | (a) Power steering system fails to function as designed by vehicle manufacturer or contains loose, damaged, or worn parts, low fluid, or leakage. |
B. Wheel Alignment.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Observe whether rear wheels follow front wheels in “straight ahead” travel. | (1) Rear wheel does not follow the front wheel track in “straight ahead” travel, or if frame is bent, broken, or rusted to affect tracking. Warning: Do not reject if vehicle is designed with different tread widths—front and rear. |
| (2) Wheelbase Measurement. Using a tape measure, determine the distance between the center of the front wheel spindle or hub, and the center of the rear axle or hub, and compare from side to side. Front wheels shall be in the straight-ahead position. | (2) The wheelbase on one side is different from the wheelbase on the other side by more than 1 inch. |
| (3) Visually inspect for obvious misalignment of front or rear axle. | (3) Front or rear axle is obviously misaligned. |
| *Agency Note: Not applicable if vehicle specifications indicate different left and right wheel base dimensions.* | |
C. Suspension. Inspect the suspension system for missing, broken, damaged, worn, rusted, or modified wheel bearings, ball joints, control arms, springs, torsion bars, or frame that would affect vehicle stability.
(1) Frame/Unibody.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) With the vehicle properly lifted, inspect condition of frame and unibody construction and suspension mountings. If necessary, frame or unibody construction and suspension mountings may be probed to determine structural integrity. The use of a 1/4-inch flat screwdriver under hand pressure is recommended. | (a) (i) Frame or unibody or suspension mounting is cracked, broken, or otherwise not structurally sound. (ii) Frame or unibody or suspension mounting is damaged, or deteriorated to the extent that it affects steering, suspension, braking, alignment, body mounts, or any other component. (iii) The body is not securely attached to the frame. (iv) Repairs, when permitted, are not made with the same type of material that was originally used by the manufacturer, or any weld does not appear to be of sufficient strength or quality. (v) Modifications have been made which weaken frame or unibody or other suspension components, or otherwise affects vehicle stability or operation. |
| (b) Inspect condition of control arms, locator bars, radius and strut rods, trailing arms, sway bars, stabilizer bars, or similar components, and all related bushings. | (b) Any control arm, locator bar, radius or strut rod, trailing arm, sway bar, stabilizer bar, or similar component is cracked, broken, or missing any related parts, or is otherwise damaged to affect safe operation of vehicle. Any related bushing is missing any portion of bushing, or bushing is deteriorated or dry rotted to a point that the bushing is broken or loose. |
| (c) With the vehicle on the ground, inspect for any object or equipment extending below the bottom edge of a wheel rim. | (c) Any object or equipment extends below the bottom edge of a wheel rim. |
| *Agency Note: If repairs are required the vehicle owner or agent shall be advised not to apply undercoating to the repaired area prior to re-inspection. If undercoating exists in areas of required inspection, removal of undercoating may be required to permit a proper inspection.* | |
(2) Ball Joints. In checking for motion of ball joints, check in accordance with manufacturer's procedures and specifications. When required for testing, a 12-inch to 18-inch pry bar shall be utilized which is sufficient to lift the weight of the wheel assembly and prevent excessive pressure or leverage resulting in a possible false reading.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Ball Joint Wear. (i) Check in accordance with manufacturer's procedures and specifications when available. See exception noted in §C(2)(b) of this regulation, below. (ii) If manufacturer's ball joint specifications are not available, inspect ball joints for any perceptible movement in both axial up and down, and radial in and out direction. (iii) Lift vehicle in a manner that would unload the ball joints. Consult vehicle manufacturer if necessary: (iv) Radial Play—Grasp tire at top and bottom and rock in and out. Inspect for any perceptible movement in ball joints; (v) Axial Play—Using a 12-inch to 18-inch pry bar, raise and lower under center of tire. Inspect for any perceptible movement in ball joints. | (a) Ball Joint Wear. (i) Manufacturer's specifications are exceeded. (ii) Absent manufacturer's specifications, any perceptible movement is noted in any ball joint. (b) Any perceptible movement is noted in any ball joint having turning torque specifications by manufacturer. (c) Ball joint contains any missing, broken, or damaged components. Ball joint is equipped with a tightener or repair kit, or ball joint has been repaired by heating or bending the socket assembly to eliminate movement. (d) Ball joint boot is missing, cut, torn, or otherwise damaged, if originally equipped with boot. |
| (b) Exception—Ball Joints Having Turning Torque Specifications. (i) Ball joints having turning torque procedures and specifications will not be disassembled as prescribed by the vehicle manufacturer, but instead will be inspected with the ball joints fully assembled for any perceptible movement. (ii) Inspect ball joints for any perceptible movement in both axial (up and down), and radial (in and out) direction. Lift vehicle in a manner that would unload the ball joints. Consult vehicle manufacturer if necessary. (iii) Radial Play—Grasp tire at top and bottom and rock in and out. Inspect for any perceptible movement in ball joints. (iv) Axial Play—Using a 12-inch to 18-inch pry bar, raise and lower under center of tire. Inspect for any perceptible movement in ball joints. | |
| (c) Visually inspect ball joints for any missing, broken, or damaged components. | |
| (d) Inspect condition of ball joint boot. | |
(3) Wheel Bearings. Wheel bearings worn or out of adjustment can cause wander, unequal brake action, and noise due to interference of parts.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Wheel Bearings and Suspension. With the vehicle lifted properly, grasp tire at the top and bottom and rock it in and out, and observe for movement. To verify any looseness detected is in the wheel bearing, notice movement between the brake disc or drum, and the splash shield or backing plate. | (a) Wheel bearings are loose, rough, galled, or otherwise defective. |
(4) Springs and Torsion Bars. Loose, sagging, or broken springs or torsion bars, worn or deteriorated bushings, loose or extended shackles, and loose or mislocated U-bolts, suspension modifications, or broken center bolts, can cause vehicle handling instability and brake pull.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Springs and Torsion Bars. With unloaded vehicle on level surface, visually inspect for obvious height differences of the four corners of the vehicle. If necessary, use measuring tape and determine differences from side to side. With the vehicle properly lifted, check for loose, worn, or broken coil springs, leaf springs, or torsion bars, if so equipped. Inspect all shackles, bushings and U-bolts. | (a) (i) Any coil spring, leaf spring, or torsion bar is missing, cracked, cut, sagging, broken, or loose. (ii) Any spring or torsion bar is not seated properly in mounting. (iii) Any leaf spring center bolt is broken, or spring alignment clamps are missing. (iv) Shackles or U-bolts are worn, loose, or extended causing misalignment of steering linkage or driveline angles. U-bolts are not of sufficient length to protrude at least 1/4 inch beyond nut when tightened. (v) Any bushing is missing any portion of the bushing or is damaged, deteriorated, or dry rotted to a point that the bushing is broken or loose. Superficial cracks are not cause for rejection. |
| (b) Inspect for modifications to springs or torsion bars. | (b) Any spring or torsion bar is not the original or equivalent or has been modified. |
(5) Shock Absorbers and Struts.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) With vehicle on a level surface, push down on each corner of the vehicle and release. Vehicles not equipped with bumpers or fenders of sufficient strength to permit required jounce testing will be evaluated during the performance test for evidence of excessive free rocking motion or vehicle instability. | (a) (i) Vehicle continues free rocking motion for two or more cycles after release. (ii) Shock absorbers or struts are worn, damaged, or leaking to the extent vehicle stability is affected. |
| (b) With vehicle on an approved lift, inspect shock absorbers and struts for missing, broken, worn, loose, or damaged mounting brackets, bolts, bushings, and bearings. Inspect for leakage. | (b) (i) Shock absorbers or struts, mounting bolts, bushings, bearings, or mounts are missing, broken, worn or loose. (ii) Any bushing is missing any portion of the bushing or is damaged, deteriorated, or dry rotted to a point that the bushing is broken or loose. Superficial cracks are not cause for rejection. (iii) Excessive leakage not slight dampness is present. |
| (c) Inspect for modifications to shock absorbers and strut assemblies. | (c) Any shock absorber or strut assembly is not the original or equivalent or has been modified. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.05** Brakes. {#sec-11.14.09.05 omnilex-key=us-md-regs-official--title-11--11.14.09.05}
A. Hydraulic System.
(1) Tests and Visual Inspection Procedures. Results will indicate whether or not a vehicle has reasonably safe brakes at the time of inspection. These procedures are applicable to vehicles equipped with hand controls for the physically handicapped. If equipped with power assisted hydraulic brakes, system shall be functioning as designed.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Hydraulic System Leakage Test. While the vehicle is stopped, depress brake pedal under moderate foot force. The pedal height shall remain constant for 1 minute. | (a) Brake pedal height cannot be maintained for 1 minute. |
| (b) Pedal Reserve Test. While the vehicle is stopped, depress brake pedal under moderate foot force. | (b) Less than 1/3 of the total available pedal travel remains. |
(2) All four wheels shall be removed for brake inspection. Do not remove wheel cylinder dust boots for inspection. Leakage can be determined by pushing on the outside of the boot.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Hydraulic System. Visually inspect condition of hydraulic system. (i) Inspect wheel cylinders and calipers for leakage and operation. Do not pry or remove dust boot. (ii) Inspect hydraulic hoses for leaks, cracks, knots, bubbles, chafing, flattened or restricted sections, improper support, and improper material. Proper inspection of rubber brake hoses would be to gently flex the hose to determine if there are cracks. (iii) Inspect brake lines for leaks, flattened or restricted sections, improper support, rusting causing pitting, and improper material and connections. Any repairs must meet or exceed manufacturer's standards. (iv) Inspect master cylinder for leakage and fluid level of all sections of reservoir. Be sure no dirt gets into reservoir when cover is removed and the gasket is serviceable. | (a) (i) Wheel cylinder or caliper leaks or fails to operate. (ii) Hoses are leaking, chafed, flattened, restricted, contain knots or bubbles, or are improperly supported. Cracked brake hoses if the second layer, that is the cord layer, is cut or exposed. (iii) Brake lines are leaking, flattened, restricted, or rusted and pitting is visible, improperly supported, or lines have been repaired or replaced with copper tubing or other material not designed for hydraulic brake lines. (iv) There are improper connections, for example, compression fittings in the brake lines. Hoses or brake lines are mounted to allow contact with wheel, tire, or body during steering or suspension movement. (v) Master cylinder leaks. (vi) Fluid level in any section of master cylinder reservoir is below the manufacturer's minimum specification, or is less than 1/2 full when no minimum is specified. (vii) The gasket does not properly seal master cylinder. |
| (b) Dual Hydraulic Circuits—In addition to the above, if vehicle is equipped with a brake warning light: (i) Follow the manufacturer's testing procedure for operation of light; and (ii) With power key switch on, apply moderate foot force to brake pedal and observe light. | (b) (i) Brake warning light fails to function as designed by vehicle manufacturer, or lights indicating a malfunction. (ii) Light comes on when brake pedal is depressed. |
B. Drums and Discs.
(1) All four wheels shall be removed for brake inspection. On vehicles equipped with disc brakes some drag can be felt when turning the wheel and tire. This drag is not excessive if the wheel can be turned readily with one hand.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Brake Drums. (i) Inspect the condition of the drum friction surface for substantial cracks extending to the open edge of the drum. Short hairline heat cracks should not be considered. (ii) Inspect for cracks on the outside of the drum. (iii) Inspect for mechanical damage. (iv) Inspect for contaminated friction surface. (v) Measure inside diameter of drum. | (a) Brake Drums. (i) There is a substantial crack on the friction surface extending to the open edge. (ii) There is an external crack. (iii) There is evidence of excessive mechanical damage other than wear. (iv) Friction surface is contaminated with oil, grease, or brake fluid. (v) Inside drum diameter is greater than the maximum diameter stamped on the drum. If the drum is not stamped, refer to the Agency Note below. |
| (b) Brake Discs. (i) Inspect for substantial cracks extending to edge of disc. Short hairline heat cracks should not be considered. (ii) Inspect for mechanical damage. (iii) Inspect for contaminated friction surface. (iv) Measure thickness of disc. | (b) Brake Discs. (i) There are substantial cracks extending to edge. (ii) There is evidence of excessive mechanical damage other than wear. (iii) Friction surface is contaminated with oil, grease, or brake fluid. (iv) Thickness of disc is less than manufacturer's minimum thickness stamped on the assembly. If the disc is not stamped, refer to the Agency Note below. |
| *Agency Note: Brake discard specifications for brake drums and brake discs may not be provided by all manufacturers of low speed vehicles. If brake drums are not stamped with a maximum diameter specification, or brake discs are not stamped with a minimum thickness specification visible without disassembly of the rotor, the determination of passing or failing the brake drum or brake disc based upon measurements obtained in comparison to brake discard specifications will therefore be waived. The recording of maximum specifications of brake drums or minimum specifications of brake discs, will also not be required as stated in COMAR 11.14.01.11B(7) on the vehicle inspection report. All brake drums and brake discs will be inspected as otherwise required and measurements recorded on the vehicle inspection report along with corresponding brake lining and pad thickness readings.* | |
C. Linings and Pads. Remove all wheels and drum assemblies for inspection of linings on drum brakes. On vehicles equipped with disc brakes, only removal of the wheels is necessary.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Condition of Linings and Pads. | (1) Condition of Linings and Pads. |
| (a) Bonded Linings. Measure the lining thickness at the thinnest point. | (a) Bonded Linings. Thinnest point of lining is less than 2/32 inch. |
| (b) Riveted Linings. Inspect for loose or missing rivets. Measure lining thickness above rivet head at thinnest point. | (b) Riveted Linings. (i) Any rivets are loose or missing. (ii) Lining is worn to where less than 2/32 inch remains above any rivet head. |
| (c) All Linings. (i) Inspect for broken or cracked linings, and parts of linings not firmly attached to shoe or pad backing. (ii) Inspect for contamination and excessively uneven lining wear. | (c) All Linings. (i) Lining is broken, cracked, or not firmly and completely attached to shoe or pad backing. (ii) Friction surface is contaminated with oil, grease, or brake fluid. (iii) Lining wear is extremely uneven. |
| (d) Pads (Disc Brakes). Inspect thickness of friction pads. If the pad thickness cannot be determined with pad thickness gauge, caliper shall be removed for measurement. (i) Bonded pads—measure thinnest point of lining. (ii) Riveted pads—measure thickness of lining above rivet head at thinnest point. | (d) Lining on any bonded pad is less than 2/32 inch, or less than 2/32 inch lining remains above rivet head. |
D. Mechanical Linkage. Mechanical linkage includes the service brake mechanism, parking brake, and manual controls on vehicles equipped for physically handicapped persons.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Condition of Mechanical Components. | (1) Condition of Mechanical Components. |
| (a) Inspect for worn pins and missing or defective cotter pins. | (a) Mechanical parts are missing, broken, or badly worn. |
| (b) Inspect for broken, missing, or worn springs, cables, clevises, couplings, rods, and anchor pins. | (b) Grease retainers or axle seals are leaking. Slight dampness is not cause for rejection. |
| (c) Inspect for frozen, rusted, or inoperative connections, missing spring clips, and defective grease retainers or axle seals. | (c) There is excessive friction in pedal and linkage, or in brake components. |
| (d) Inspect pedal shaft and bearings for high friction, wear, and misalignment. | (d) Pedal levers are improperly positioned or misaligned. |
| (e) Inspect for restricted shoe movement at backing plate, and for binding between brake shoes and anchor pins. | (e) Rubber service brake pedal pad is excessively worn to expose metal pedal or rubber pad is missing. |
| (f) Foot operated controls shall have a slip resistant surface. Inspect service brake pedal rubber pad for excessive wear or missing pad. | |
E. Power Assisted Brake Systems (If so equipped).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect power assisted brake system for its ability to function as designed and for general condition. Perform testing/inspection procedures necessary to determine power assisted brake system is in proper condition and functioning as designed. Consult vehicle manufacturer if necessary. | (1) Power assist brake system fails to function as designed by vehicle manufacturer or contains any loose, leaking, low fluid, damaged, or worn parts. |
F. Parking Brake.
(1) Parking Brake Function. A positive locking brake shall be provided. It shall be either a hand or foot operated type mechanism as described in SAE J2358, which is incorporated by reference in Regulation .02 of this chapter.
(2) Any parking brake shall hold a stopped vehicle firmly on all normal road grades.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Parking Brake Function. (i) Set the parking brake firmly and check the ability of parking brake to hold the vehicle. (ii) Vehicle shall have a mechanical parking brake, which will hold the vehicle to the limit of traction in either direction on any grade. (iii) Due to the inability to road test vehicle and if no grade is present at inspection facility, set parking brake and attempt to push vehicle forward and backward by hand. (iv) Inspect for operation of manufacturer's warning devices designed to remind operator to set parking brake, if so equipped. | (a) Parking Brake Function. (i) Parking brake fails to hold the vehicle on any grade on which it is operated, or absent a grade, the vehicle is capable of being moved by hand. (ii) Manufacturer's warning device reminding operator to set parking brake fails to function as designed, when equipped. |
| (b) Linings and Drums. (i) If the vehicle is equipped with parking brakes, which are separate from the service brakes, inspect the linings and drums in the same manner that those on the service brakes are inspected. | (b) Linings and Drums. (i) Parking brake drums are cracked, broken, or otherwise damaged. (ii) Linings are loose, worn out, or contaminated with grease, oil, or brake fluid. |
G. Definitions.
(1) “Brake system” means a combination of one or more brakes and their related means of operation and control and is equipped with brakes acting on all wheels.
(2) “Emergency brake system” means a brake system used for retarding and stopping the vehicle in the event of a malfunction in the service brake system. This function may be performed by the parking brake system or by a portion of the service brake system, or by a separate brake system.
(3) “Parking brake system” means a brake system used to hold and maintain a vehicle in a stationary position with a positive mechanical means employed to hold the brake applied when the vehicle is unattended.
(4) “Pedal reserve”, as applied to hydraulic, mechanical, or power-assisted hydraulic brakes, means the amount of total pedal travel left in reserve when the pedal is depressed to the brake-applied position. The pedal reserve check is to ascertain the degree of the brake adjustment and to demonstrate satisfactory brake actuating system condition.
(5) “Service brake system” means a brake system used for retarding, stopping, and controlling the vehicle under normal operating conditions.
(6) “Stopping distance” means the distance traveled by a vehicle from the point of application of force to the brake control, to the point at which the vehicle reaches a full stop.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.06** Wheels and Tires. {#sec-11.14.09.06 omnilex-key=us-md-regs-official--title-11--11.14.09.06}
A. This inspection requires the vehicle to be raised on an approved lift.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for tire wear. (a) Tires with tread wear indicators will be inspected using the tire's tread wear indicators. (b) Tires not equipped with tread wear indicators will be measured using an approved tire tread depth gauge at the thinnest point in any major tread groove. (c) Inspect for cord or belting exposure. | (1) Inspect for tire wear. (a) Tire is worn so that the tread wear indicators are flush with the tread at any place on the tire. (b) Tire is worn so that less than 2/32 inch tread remains when measured in any major tread groove. (c) Tire has a worn spot that exposes the cord or belting material through the tread. |
| (2) Inspect for tread cuts, snags, or sidewall cracks. | (2) Tire has tread cuts, snags, or sidewall cracks in any direction and deep enough to expose cord or belting material. |
| (3) Inspect for bumps, bulges, or knots. | (3) Tire has visible bumps, bulges, or knots indicating partial failure or separation of the tire structure. |
| (4) Inspect for fabric breaks, and exposed or damaged body cords. | (4) Tire has unrepaired fabric break, or sidewall has damaged body cords. |
| (5) Inspect for regrooved or recut tires. | (5) Tire has been regrooved or recut below original groove depth, except as authorized by Transportation Article, 22-405.1, Annotated Code of Maryland, and can be readily identified as regroovable. |
| (6) Visually inspect for mismatching of tires. | (6) (a) Tires are not the same type of construction or size on the same axle of the vehicle. (Difference in brand or tread design is not cause for rejection.) Tire construction types are mismatched. (b) If vehicle is equipped with radial-type tires, all four shall be radials. (c) If vehicle is equipped with conventional-type tires, bias ply, or bias belted, all four shall be conventional, bias ply, or bias belted. |
| (7) Visually inspect tire placard, federal motor vehicle safety certification label, or vehicle owner's/operator's manual for information regarding tire size, inflation pressure, and any required speed rating and load carrying capacity. Inspect tires. | (7) Tire size, speed rating, or load carrying capacity is not the same as originally installed by the vehicle manufacturer, a vehicle manufacturer's upgrade, or an acceptable substitute by tire industry standards. Tires may not be of a size which cause tire and vehicle contact during different vehicle attitudes. |
| (8) Visually inspect tires for the symbol “DOT” (Department of Transportation). Visually inspect for restricted usage marking on tires. | (8) Tire is: (a) Not labeled with the symbol “DOT” (Department of Transportation); (b) Marked “For farm use only”; (c) Marked “Off highway use only”; (d) Marked “For racing use only”; (e) A metal studded snow tire in Allegany, Carroll, Frederick, Garrett, and Washington counties during period when prohibited, April 1 thru October 31; reject in other areas at any time. |
| (9) Inspect wheel bolts, studs, nuts, and lugs. | (9) Wheel bolts, studs, nuts, or lugs are loose, missing, damaged, or of improper design to properly secure the type of wheel. |
| (10) Inspect valve stems for leaks, damage, or cracks. | (10) Valve stem is leaking, cracked, or damaged, or shows evidence of wear. |
| (11) Inspect wheels. | (11) Any wheel is not the original or equivalent, or a manufacturer's upgrade when applicable. Any part of the wheel is visibly cracked, rewelded, or has elongated bolt holes. Any part of the wheel is bent or otherwise damaged to affect safe operation of the vehicle. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.07** Bumpers (If so equipped). {#sec-11.14.09.07 omnilex-key=us-md-regs-official--title-11--11.14.09.07}
A. Bumpers are not required on low speed vehicles. However, if so equipped, they shall be inspected for broken or missing parts, sharp edges, or other conditions that could be hazardous to individuals. The bumpers shall be securely mounted to the vehicle.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Bumpers. Inspect bumpers for condition and mounting. | (1) Bumpers or protective coverings contain sharp edges, or conditions are present that could be hazardous to individuals. |
| | (2) Bumpers are broken, have missing parts, or are not securely mounted. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.08** Fenders and Flaps. {#sec-11.14.09.08 omnilex-key=us-md-regs-official--title-11--11.14.09.08}
A. A low speed vehicle shall be equipped with fender coverage of front and rear wheels. Inspection shall include condition, mounting, and coverage of wheels and tires.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Fenders shall be securely attached to the vehicle and inspected for tears, sharp or jagged edges that extend outward from the fender, and sufficient coverage of the wheel and tire both from the body outward and to the front and rear of tires and wheels. Fenders may be extended outward to compensate for tire or wheel changes provided the extensions: (a) Provide required coverage of wheels and tires; (b) Are constructed of substantial materials; (c) Are securely attached to the body; (d) Have all edges rolled to eliminate sharp or jagged edges; and (e) Do not contact tires during different vehicle attitudes. | (1) (a) Fenders have tears, sharp, or jagged edges that extend outward from the fender that present a hazard to a pedestrian. (b) Fenders are not securely fastened to the body. (c) Fender does not extend outward from the body to cover the top of the wheel and tire excluding the sidewall. (d) The rear of all fenders do not extend downward to the horizontal centerline of the wheel, or as designed by the vehicle manufacturer. (e) Fronts of all fenders do not extend forward from the vertical centerline of the wheel to at least within a 45-degree angle of the horizontal centerline, or as designed by the vehicle manufacturer. (f) Fenders are missing. |
| (2) If the bed of a low speed vehicle has been changed and a rear fender is impractical, the vehicle shall be equipped with flaps behind the rear wheels and tires of the vehicle, and extend at least to the horizontal centerline of the wheels. | (2) Flaps do not cover the width of the wheels and tires or do not extend at least to the horizontal centerline of the wheels. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.09** Lighting. {#sec-11.14.09.09 omnilex-key=us-md-regs-official--title-11--11.14.09.09}
A. Definitions.
(1) “Asymmetrical beam (nonsymmetrical)” means a beam in which both sides are not symmetrical with respect to the median vertical plane of the beam. All lower beams are asymmetrical.
(2) “Auxiliary driving lamp, auxiliary upper beam lamp, or auxiliary high beam lamp” means a lighting device mounted to provide illumination forward of the vehicle and intended to supplement the upper beam of a standard headlamp system. It is not intended for use alone or with the lower beam of a standard headlamp system.
(3) “Backup lamp” means a lamp used to provide illumination behind the vehicle, and to provide an indicator when the vehicle is in reverse gear.
(4) “Charge indicator” means a light, gauge, or other source indicating battery charge remaining.
(5) “Cornering lamp” means a steadily burning lamp used when the turn signal system is operating to supplement the headlamps by providing additional road illumination in the direction of the turn.
(6) “Emergency warning lamp” means a lamp that provides a flashing light to identify an authorized vehicle on an emergency mission. The emergency signal may be an oscillating lamp, a rotating beacon, or pairs of alternately or simultaneously flashing lamps.
(7) “Fog lamp” means a lamp that may be used with the lower beam headlights to provide illumination under condition of rain, snow, dust, or fog.
(8) “Hazard warning lamp” means a turn signal lamp that flashes simultaneously to warn of the presence of a vehicular hazard.
(9) Headlamps.
(a) 5 3/4 Inch Round Sealed Beam Unit.
(i) “Type 1 sealed beam” means a sealed beam unit 5 3/4 inches in diameter having a single filament and providing only an upper beam distribution of light. This unit is identified by the number 1 on the lens and is aimed on the upper beam.
(ii) “Type 2 sealed beam unit” means a sealed beam unit 5 3/4 inches in diameter having two filaments, one filament providing the lower beam and one filament providing fill-in light for the upper beam. This unit is identified by the number 2 on the lens and is aimed on the lower beam.
(b) "7 inch round sealed beam unit" means a sealed beam unit 7 inches in diameter providing an upper and lower beam. This unit is identified by the number 2 on the lens and is aimed on the lower beam. If there is no identifying number on the lens, it means the sealed beam unit is 7 inches in diameter providing upper and lower beams.
(c) "8 inch by 5 inch rectangular sealed beam unit" means a sealed beam unit providing an upper and lower beam. This unit is identified by the number 2B on the lens and is aimed on the lower beam.
(d) 6 1/2 by 4 1/4 Inch Rectangular Sealed Beam Unit.
(i) “Type 1A” means a sealed beam unit having a single filament and providing only an upper beam distribution of light. The unit is identified by the number 1A on the lens and is aimed on the upper beam.
(ii) “Type 2A” means a sealed beam unit having two filaments, one of which provides fill-in light for the upper beam. This unit is identified by the number 2A on the lens and is aimed on the lower beam.
(e) 5.93 X 3.64 inch Rectangular Sealed Beam Units.
(i) “Type LF” means a sealed beam unit having a single beam filament and providing only a lower beam distribution of light. The unit is identified by the designation LF on the lens.
(ii) “Type UF” means a sealed beam unit having a single beam filament and providing only an upper beam distribution of light. The unit is identified by the designation UF on the lens.
(f) “Replaceable bulb headlamp” means a headlamp unit comprised of one or two replaceable standard light sources such as a bulb and a headlamp housing or a lens/reflector unit.
(10) “Headlamp lower beam” means a distribution of light as directed to avoid glare in the eyes of oncoming drivers while providing illumination ahead of the vehicle, and intended for use in congested areas and on highways when meeting other vehicles within a distance of 500 feet.
(11) “Headlamp upper beam” means a distribution of light intended primarily for distant illumination and for use on the open highway when not meeting other vehicles.
(12) “Indicator lamp” means a lamp visible to the operator of a vehicle that indicates:
(a) Appropriate electrical circuits are in operation;
(b) Malfunction of vehicle performance; and
(c) Requirement for remedial action by the operator of the vehicle.
(13) “Lamp” means a device used to produce artificial light.
(14) “Lane changer” means a device, usually incorporated in the turn signal switch, which will actuate the turn signal lamps when held by the driver. It is intended for momentary use for signaling a lane change. When released by the operator, it will return to neutral and deactivate the signal lamp.
(15) “License-plate lamp” means a lamp used to illuminate the license plate on the rear of a vehicle.
(16) “Operating units or switches” means devices by which the functioning of lamps is controlled.
(17) “Parking lamp” means lamps used to designate the front of a parked vehicle.
(18) “Reflective device” means a device used on vehicles to give an indication to an approaching driver by reflected light from the headlamps of approaching vehicles.
(19) “SAE Lighting Identification Code” means a series of standardized markings for lighting devices that a manufacturer or a supplier may use to mark a product to indicate the SAE lighting standard or standards to which the device is designed to conform. The code is not intended to limit the manufacturer or supplier in applying other markings to the devices.
(20) “Sealed beam headlamp assembly” means a major lighting device used to provide general illumination ahead of the vehicle. It consists of the following:
(a) One or more sealed beam units (bulb assembly);
(b) Means for mounting securely to the vehicle; and
(c) Means to permit required aim adjustment.
(21) “Sealed beam unit” means an integral and hermetically sealed optical assembly with the name “Sealed Beam” molded in the lens.
(22) “Side marker lamp” means a lamp on the left and right sides, beamed to the side and intended to indicate vehicle length. They are located near the front and rear on each side and, for vehicles 30 feet or more in overall length, are also located at the midpoint (intermediate side marker).
(23) “Stop lamp” means a lamp giving a steady warning light to the rear of the vehicle, to indicate the intention of the operator of the vehicle to reduce speed or stop.
(24) “Symmetrical beam” means one in which both sides are symmetrical with respect to the median vertical plane of the beam. Lamps having symmetrical beams are:
(a) 5 3/4 inch diameter type 1, 1C, or 1C1;
(b) 5 3/4 inch diameter type 2, 2C, or 2C1 (upper beam filament);
(c) 6 1/2 by 4 1/4 inch type 1A or 1A1;
(d) 6 1/2 by 4 1/4 inch type 2A, 2A1, 2G1, 2E1, or 2H1 (upper beam filament);
(e) 8 by 5 inch type 2B or 2B1 (upper beam filament);
(f) All 7 inch diameter units (upper beam filament); and
(g) Replaceable bulb headlamp (upper beam filament).
(25) “Tail lamp” means a lamp used to designate the rear of a vehicle.
(26) “Turn signal lamp” means a lamp that provides a flashing warning light to indicate the intended direction of the turn.
Agency Note: The following are some examples of replaceable bulb headlamps, Type—HB1—9004 (low and high beam); HB2—9003 (low and high beam); HB3—9005 (high beam); HB4—9006 (low beam); and HB5—9007 (low and high beam). For more information and a complete list of replaceable bulb headlamps, consult an automotive lighting reference or specification guide, or vehicle manufacturer.
B. General Lamp and Reflector Inspection. This includes all original or required equipment, exterior lighting plus whatever lights are authorized.
Agency Note: Due to the limited federal standards for governing lighting requirements on low speed vehicles, lighting installed by manufacturers of low speed vehicles may conflict with the standardized lighting listed in SAE Lighting Identification Code J759 and lighting requirements under Federal Motor Vehicle Safety Standard 49 CFR §571.108 for vehicles other than low speed vehicles. Lighting devices installed or supplied by the vehicle manufacturer will be considered in compliance under this chapter, provided the lighting device meets the color, mounting location (excluding height requirements), candle power for headlamps when applicable, and functions as designed by the vehicle manufacturer and as required under these regulations. Any additional lighting device required to be installed to meet these regulations, or is otherwise permitted, shall be in compliance with standardized lighting listed in SAE Lighting Identification Code J759 and requirements established under 49 CFR §571.108 pertaining to passenger cars or other appropriate applications, and comply with lighting requirements established under this chapter. Any questions regarding lighting shall be referred to the Automotive Safety Enforcement Division of the Department of State Police.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visual Check of Lamp Function. Inspect the operation of the following as designed by the vehicle manufacturer: (a) Turn signals—Actuate turn signal lever to right and left, and observe function of turn signal lights. Turn signals shall be mounted: At or near the front—One amber on each side of the vertical centerline, at the same height, and as far apart as practicable. On the rear—One red or amber on each side of the vertical centerline, at the same height, and as far apart as practicable. Turn signals shall be mounted not less than 15 inches nor more than 83 inches from the ground. (b) Backup lamps, if so equipped. Place vehicle in all forward gears and check backup lamps. Backup lamps, if so equipped, are required to function automatically when vehicle is in reverse, but may not function when vehicle is in any forward gear. Vehicle may be equipped with one or more backup lamps on the rear, either separately or in combination with other lamps. Backup lamps shall emit a white light. (c) Actuate the following and observe lamps as follows: (i) Hazard warning lamps, if so equipped. (ii) Indicator lamps for: turn signals; high beam indicator, if so equipped with high beam headlamps; hazard warning flashers, if so equipped with hazard warning lamps; brake system warning lamps, if so equipped; and charge indicator lamp or gauge, if so equipped. (iii) Stop lamps—At least two stop lamps shall be mounted on the rear of the vehicle, one on each side of the vertical centerline, at the same height, and as far apart as practicable. The stop lamps shall be actuated on application of the service (foot) brake and shall display a red light. Stop lamps shall be mounted not less than 15 inches nor more than 72 inches from the ground. (iv) Headlamps—Low beam, and upper beam if so equipped. On the front, each headlamp providing the lower beam, at the same height, one on each side of the vertical centerline, each headlamp providing the upper beam, at the same height, one on each side of the vertical centerline. Corresponding headlamps shall be mounted as far apart as practicable. Headlamps shall emit a white light. Headlamps shall be mounted not less than 24 inches nor more than 54 inches from the ground. | (1) (a) Any of the following required lamps fails to light: Headlamp, tail lamp, stop lamp, turn signal, and license plate lamp. (b) Any of the following lamps, when so equipped, fails to light: Side marker lamp, parking lamp, backup lamp, or hazard warning lamp. (c) Any of the following indicator lamps fails to function: Turn signal, high beam indicator when equipped with high beam headlamps, hazard warning flasher when equipped with hazard warning lamps, brake system warning lamp when equipped, and charge indicator lamp, gauge, or other source when equipped. (d) Turn signals do not properly indicate right or left when so switched, or do not stay in position or self-cancel, if so designed. (e) Backup light system, if so equipped, functions when the vehicle is in any forward gear, or backup light system fails to function automatically when vehicle is in reverse. (f) Any lamp shows color contrary to law, red or blue to the front, white light to the rear, except license plate lamp and backup lamp when vehicle is in reverse gear. Tail lamps shall be red, stop lamps red, turn signals amber to the front and red or amber to the rear, and headlamps white. (g) Any lamp fails to light the proper filament when switched on, or the color of the bulb has been altered. (h) Any required or permitted lamp, lens, or reflector is obscured by any object or shielded by a nontransparent material, or any headlamp is equipped with aftermarket clear, tinted, or screen-type covers. (i) Any lamp, lens, or reflector is loose or improperly mounted. (j) Any lamp, lens, or reflector, including headlamp, whether separate or combined components, has a cracked, broken, or missing lens, or is otherwise damaged or in a condition preventing it from directing or reflecting light as designed and required. (k) Except as otherwise permitted, any lamp, lens, or reflector is not an approved type. (l) Equipped with any unauthorized emergency lamp, warning lamp, or neon lighting device. (m) Headlamp output is less then 5,000 candlepower on high beam, if so equipped, or less then 3,500 candlepower on low beam. (n) Dash lamps, if so equipped, do not illuminate speedometer and odometer as designed. |
| (2) With night driving lights turned on, observe function of: (a) Tail lamps—At least two tail lamps shall be mounted on the rear, one on each side of the vertical centerline, at the same height, and as far apart as practicable. Tail lamps shall emit a red light. Tail lamps shall be mounted not less than 15 inches nor more than 72 inches above the ground. (b) Parking lamps, if so equipped. Parking lamps shall display two white or amber lights mounted on the front, one on each side of the vertical centerline, at the same height, and as far apart as practicable. Parking lamps shall be mounted not less than 15 inches nor more than 72 inches from the ground. (c) Side marker lamps, if so equipped. On each side—Shall display one red light as far to the rear as practicable, and one amber light as far to the front as practicable. Side marker lamps shall be mounted not less than 15 inches from the ground. (d) Reflex reflectors—Reflex reflectors shall be mounted on the vehicle in the following manner: (i) On the rear—One red on each side of the vertical centerline, at the same height, and as far apart as practicable. (ii) On each side—One red as far to the rear as practicable, and one amber as far to the front as practicable. (iii) Reflex reflectors shall be mounted not less than 15 inches nor more than 60 inches from the ground. (e) License plate lamp. Either a tail lamp or a separate lamp shall be constructed and placed to illuminate, with a white light, the rear registration plate. Any tail lamp or tail lamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be wired to be lighted whenever the headlamps or auxiliary driving lamps are lighted. (f) Dash Lamps, if so Equipped. (g) Red, white, or blue lights are used on law enforcement vehicles. Red lights, white lights, or both are used on emergency, fire department, and emergency rescue vehicles. Amber lights are used on service and maintenance vehicles. | |
| Agency Note: Measuring mounted height of lamps. Whenever a requirement is declared as to the mounted height of lamps or devices, it means from the center of the lamp or device to the level ground on which the vehicle stands when the vehicle is without a load. | |
(3) Aim Inspection.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Inflate tires to recommended pressures. (b) Be sure that lenses are clean. Check for burned out bulbs and proper beam switching. (c) Check for improper tracking of the rear axle. (d) Headlamps shall be mounted not less than 24 inches or more than 54 inches above the level surface on which the vehicle stands, measured to the center of the lamp. (e) Visually check headlamp adjusters for presence and capability of holding an adjustment. (f) Check for presence of after-market headlamp covers. | (a) Headlamps are equipped with any aftermarket clear, tinted or screen-type cover. (b) Headlamps have no aiming capability. (c) Headlamps are mounted lower than 24 inches or higher than 54 inches. |
C. Headlamps. Only low beam headlamps are currently required on low speed vehicles. If a low speed vehicle is equipped with high and low beam headlamps, both lamps are required to function. A low beam headlamp shall have a minimum of 3,500 candlepower and a high beam headlamp a minimum of 5,000 candlepower. Headlamps that incorporate both high and low beam in the same assembly will be aligned on low beam. Headlamp inspection and aiming by computer image processing method requires a level area sufficient for the vehicle and test equipment. The test equipment shall be accurately calibrated to the floor and accurately aligned to the vehicle.
Agency Note: Manufacturers of low speed vehicles may equip their vehicles with lamps which are not identified as approved headlamps by federal motor vehicle safety standards established for vehicles other than low speed vehicles, for example: required marking symbol of “DOT” (Department of Transportation) on headlamp lens, and any additional manufacturer's markings of headlamp type and SAE identification code. Manufacturers of low speed vehicles utilizing lighting in their vehicles as headlamps, which are not properly identified with the appropriate marking, however, are equipped with multibeam road lighting (high and low beam headlamps), will be treated as headlamps and aligned by using the Division's approved headlight testers. Lighting utilized by manufacturers of low speed vehicles as headlamps which are identified as a type lighting other than a headlamp, for example: SAE “Y”, auxiliary driving lamp, or by lighting utilized as headlamps which fails to contain the appropriate headlamp marking and is not multibeam road lighting as noted above, will not be inspected and aligned by the use of the Division's approved headlight testers. These lamps will instead be visually inspected and rejected under “Non-Headlamps”, inspection procedures listed below.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Low Beam. (a) Low Beam. With the vehicle in the approved inspection area and the test equipment properly calibrated and aligned to the vehicle, switch headlamps to low beam. Follow headlamp aimer's procedures for low beam headlamp alignment. (b) When properly aimed: Edges of high intensity zone—Top edge centered on horizontal centerline. Left edge centered on vertical centerline. | (a) High intensity zone: (i) Left edge is horizontally more than 4 inches right or left of the vertical centerline; or (ii) Top edge is vertically more than 4 inches above or below the horizontal centerline. |
(2) High Beam. Required to function, if so equipped. Inspect aim of high beam lamp only if high beam lamp has separate adjustment from low beam lamp.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) High Beam. Follow same set up procedure as low beam aim-inspection. Switch headlamps to high beam and follow headlamp aimer's procedures for high beam headlamp alignment. (b) When properly aimed, the center of the high intensity zone of the beam pattern is set on the vertical and horizontal centerlines of the lamp. | (a) Center of high intensity zone is horizontally: (i) More than 4 inches right; or (ii) More than 4 inches left of the vertical centerline. (b) Center of high intensity zone is vertically: (i) More than 4 inches above; or (ii) More than 4 inches below the horizontal centerline. |
(3) Non-Headlamps. Lighting installed by the vehicle manufacturer and used as headlamps, which are not properly marked as headlamps, excluding multibeam road lighting (high and low beam headlamps) that are improperly marked, or are types of lamps identified as other than headlamps. See Agency Note in §C Headlamps.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (a) Non-headlamp. With the vehicle in the approved inspection area and following general headlamp aim inspection procedures previously noted, switch headlamps on and visually inspect headlamps. To assist in visually inspecting headlamp aim, the vehicle should be positioned a minimum distance of 5 feet or further when practical, from in front of a plain vertical surface, for example, bay wall or tool box, etc., to provide a view of the headlamps beam pattern. | (a) Non-headlamp. (i) Fails to emit a white light and function as designed when activated; (ii) Is not properly mounted in vehicle or fails to provide a means of adjustment; (iii) Fails to display an adjusted beam pattern of sufficient intensity determined by visual observation. Examples: Is obviously misaligned permitting the high intensity portion of the beam pattern to be directed in the eyes of on coming drivers, or is unequal in height to the opposite lamp, fails to cast light in the path of vehicle travel, or light emitted from lamp is obviously dim. (iv) Lens is cracked or broken; (v) Is mounted less than 24 inches or more than 54 inches above the level surface on which the vehicle stands measured to the center of the lamp; or (vi) Fails to comply with any applicable required condition of a headlamp noted in this chapter. |
D. Fog Lamp and Auxiliary Driving Lamps. Only one spot lamp is allowed. It is not considered an auxiliary driving lamp and has no set mounting height by law. Therefore, it need not be inspected. If a vehicle is equipped with either fog lamps or auxiliary driving lamps, they shall be properly aimed. Fog lamps shall be mounted on the front of the vehicle at a height not more than 30 inches or less than 12 inches above the level surface on which the vehicle stands. Only two fog lamps are allowed by law. Auxiliary driving lamps shall be mounted on the front of the vehicle at a height not more than 42 inches or less than 16 inches above the level surface on which the vehicle stands. Only two auxiliary lamps are allowed by law. The mounting heights of auxiliary driving lamps do not apply to emergency vehicles. Whenever a motor vehicle equipped with required headlamps also is equipped with any auxiliary lamps or a spot lamp or any other lamp on its front, projecting a beam of intensity greater than 300 candlepower, not more than four of these lamps on the front of a vehicle may be lighted at any one time when on a highway.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Auxiliary Driving or Fog Lamp Aim—Inspection. Under the same procedures as for headlamp inspection, follow headlamp aimer's procedures for auxiliary or fog lamp alignment. Switch on the lamps and observe color emitted and the location of the high intensity zone. (a) Symmetrical Beam. When properly aimed, the center of the high intensity zone is set 4 inches below the horizontal centerline of the lamp and centered on the vertical centerline. (b) Asymmetrical Beam. When properly aimed, the center of the high intensity zone is set 7 inches below the horizontal centerline of the lamp and centered on the vertical centerline. | (1) Symmetrical Beam: Center of high intensity zone is more than: (a) Horizontally: (i) 4 inches left; or (ii) 4 inches right of the vertical centerline; or (b) Vertically-Less than 4 inches below the horizontal centerline. |
| (2) Measure height of auxiliary driving or fog lamps. After-market auxiliary driving lamps shall be mounted not less than 16 inches or more than 42 inches above the level surface on which the vehicle stands. Fog lamps shall be mounted not less than 12 inches or more than 30 inches above the level surface on which the vehicle stands. | (2) Asymmetrical Beam. Same as low beam headlamps. Center of high intensity is more than: (a) Horizontally: (i) 4 inches left, or (ii) 4 inches right of the vertical centerline; or (b) Vertically-Less than 7 inches below the horizontal centerline. |
| | (3) Fog lamps or auxiliary driving lamps are mounted higher or lower than allowed. Auxiliary driving lamps mounted on roll bar or roof for off-road use may remain but may not be connected to an electrical source. Reject if: (a) After-market fog lamps are mounted lower than 12 inches or higher than 30 inches; (b) After-market auxiliary lamps are mounted lower than 16 inches or higher than 42 inches; or (c) Fog lamps when lit emit a color other than white or yellow. |
| | (4) Vehicle is equipped with more than two operable fog lamps. |
| | (5) Vehicle is equipped with more than two auxiliary driving lamps. |
| | (6) Vehicle is equipped with more than one spot lamp. |
E. SAE Identification Code (J759 SAE Handbook).
Devices marked prior to the adoption of this SAE Specification need not be remarked.
(1) The following list is an identifying code for lights and signaling devices:
| Device | SAE Identification Code Designation |
| --- | --- |
| Reflex reflector | A |
| Reflex reflector for use on vehicles 2,032 millimeters or more in overall width | A2 |
| Reflex reflector for conspicuity treatment (CT), for use on vehicles 2,032 millimeters or more in overall width | A3 |
| Reflex reflector for CT (vehicle > 2,032 millimeters width) millimeters wide Truck/Trailer | A4 |
| Reflex reflector for CT (vehicle > 2,032 millimeters width) millimeters wide Truck/Trailer | A5 |
| Reflex reflector for CT (vehicle > 2,032 millimeters width)#8212100 millimeters wide Truck/Trailer | A6 |
| Reflex reflector for CT (vehicle > 2,032 millimeters width) millimeters wide School bus | A7 |
| Motorcycle auxiliary front lamp | C |
| Motorcycle and motor-driven cycle turn signal lamp | D |
| Distributed lighting system (headlamp) | DL |
| Side turn signal lamp—vehicles (12 meters) or more in length | E |
| Side turn signal lamp—vehicles less than (12 meters) in length | E2 |
| Siren—interior location | EVS1 |
| Siren-exterior location | EVS2 |
| Siren-under hood location | EVS3 |
| Front fog lamp | F |
| Fog tail lamps | F2 |
| Truck cargo lamp | G |
| Sealed beam headlamp | H |
| Headlamp cleaner | HC |
| Discharge forward lighting (headlamp) | HG |
| Sealed beam headlamp housing | HH |
| Replaceable bulb headlamp | HR |
| Turn signal lamp spaced greater than 100 millimeters from headlamp | I |
| Turn signal lamp spaced from 75 millimeters to less than 100 millimeters from headlamp | I3 |
| Turn signal lamp spaced from 60 millimeters to less than 75 millimeters from headlamp | I4 |
| Turn signal lamp spaced less than 60 millimeters from headlamp | I5 |
| Rear mounted turn signal lamp and front mounted turn signal lamps mounted 100 millimeters or more from the headlamp, for use on vehicles 2,032 millimeters or more in overall width | I6 |
| Front mounted turn signal lamp mounted less than 100 millimeters from the headlamp, for use on vehicles 2,032 millimeters or more in overall width | I7 |
| Flasher | J1690 |
| Front cornering lamp | K |
| Rear cornering lamp | K2 |
| License plate lamp | L |
| Motorcycle and motor-driven cycle headlamp—motorcycle type | M |
| Motorcycle and motor-driven cycle headlamp—motor-driven cycle type | N |
| Spot lamp | O |
| Parking lamp | P |
| Side marker lamp for use on vehicles 2,032 millimeters or less in overall width | P2 |
| Clearance, side marker, and identification lamp for use on vehicles 2,032 millimeters or more in overall width. | P3 |
| Combination clearance and side marker lamp for use on vehicles 2,032 millimeters or more in overall width | PC2 |
| Turn signal operating unit-Class A | Q |
| Turn signal operating unit—Class B | QB |
| Vehicular hazard warning signal operating unit | QC |
| Turn signal operating unit for use on vehicles 2,032 millimeters in overall width—Type 1 | QD1 |
| Turn signal operating unit for use on vehicles 2,032 millimeters in overall width—Type 2 | QD2 |
| Hazard warning operating unit for use on vehicles 2,032 millimeters in overall width—Type 1 | QE1 |
| Hazard warning operating unit for use on vehicles 2,032 millimeters in overall width—Type 2 | QE2 |
| Reversing (backup) lamp | R |
| Stop lamp | S |
| Stop lamp for use on vehicles 2,032 millimeters or more in overall width | S2 |
| Tail lamp (rear position lamp) | T |
| Tail lamp (rear position lamp) for use on vehicles 2,032 millimeters or more in overall width | T2 |
| Supplemental high-mounted stop and turn signal lamp | U |
| High-mounted stop lamp for trucks 2,032 millimeters or more in overall width | U2 |
| Center high-mounted stop lamp for passenger cars, light trucks, and MPV's | U3 |
| Warning lamp for emergency, maintenance, and service vehicles | W |
| Warning lamp for school buses | W2 |
| Optical warning device—Class 1 | W3-1 |
| Optical warning device—Class 2 | W3-2 |
| Optical warning device—Class 3 | W3-3 |
| Emergency warning device (triangular shape) | W4 |
| 360 degree gaseous discharge lamp—Class 1 | W5-1 |
| 360 degree gaseous discharge lamp—Class 2 | W5-2 |
| 360 degree gaseous discharge lamp—Class 3 | W5-3 |
| Adaptive (forward) lighting system | X |
| Auxiliary high beam lamp | Y |
| Daytime running lamp | Y2 |
| Auxiliary low beam lamp | Z |
(2) All equipment for testing headlamps shall comply with the Society of Automotive Engineers Recommended Practice for Headlamp Inspection Equipment.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.10** Electrical System. {#sec-11.14.09.10 omnilex-key=us-md-regs-official--title-11--11.14.09.10}
A. The electrical system includes the key/ignition switch, battery pack, power cables, wiring, and necessary connections to power the unit, lighting system, and accessories.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually examine each battery for evidence of leakage, loose connections, low in fluid if applicable, or improperly secured. | (1) Any battery that: (a) Is cracked, broken, or leaking; (b) Has connections that are loose or show signs of excessive corrosion; (c) Is not held down securely; (d) Has vents not open, if equipped; or (e) Has low fluid level, if applicable. |
| (2) Visually inspect batteries for proper voltage and type, for example, 12-volt deep cycle or equivalent. Automotive batteries should never be used. Consult vehicle manufacturer for required voltage and type batteries. Agency Note: Some manufacturers may use an automotive battery to power vehicle accessories. | (2) Any battery is a voltage or type not approved for use by the vehicle manufacturer. |
| (3) Visually inspect condition of electric power cables and all visible wiring. Cables and wiring shall be well insulated, properly mounted, or secured. **Caution** —Follow manufacturer's safety warnings. | (3) Wiring: (a) Insulation on power cables or any wiring is bare, frayed, cracked, or broken. (b) Power cable or wiring is improperly mounted or secured. (c) Shows evidence of burning or short-circuiting. (d) Power cables do not conform to manufacturer's standards. |
| (4) All connections shall be tight and secure. | (4) Connections are loose or show signs of excessive corrosion. |
| (5) Any switch that operates regulated equipment shall function properly. | (5) Switches fail to function. |
| (6) Horn. A horn shall be securely fastened, produce an audible but not harsh or unreasonably loud sound or whistle, and be audible for a distance of at least 200 feet under normal conditions. A horn button or actuator shall be readily accessible to the operator. | (6) Horn: (a) Is loose; (b) Fails to function; (c) Produces an unreasonably loud or harsh sound, or whistle; (d) Is not audible 200 feet away under normal conditions; or (e) Is not equipped with a horn button or actuator within arm's reach of the operator. |
| (7) Safety Signs. Inspect for safety signs/warnings installed by the vehicle manufacturer in the battery compartment and battery-charging compartment of the vehicle. Agency Note:—Consult vehicle manufacturer for any additional information. | (7) Any safety sign/warning, if originally installed by the manufacturer, has obviously been removed, tampered with, or is otherwise not permanently attached and visible as designed by the vehicle manufacturer. |
| (8) Key/Ignition Switch—Inspect operation of key/ignition switch as designed by the vehicle manufacturer. | (8) Key/ignition switch fails to function as designed or permits vehicle to operate other than as designed by the vehicle manufacturer. |
| (9) Accelerator Control—Accelerator control shall return to off position when activating force is removed from the control. The accelerator control shall be located for right foot operation, shall be positioned to the right of the service brake pedal, and shall be free of interference from the service brake pedal. | (9) Accelerator control: (a) Fails to return to the off position when activating force is removed from the control; (b) Fails to meet required mounting; or (c) Fails to function properly. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.11** Mirrors. {#sec-11.14.09.11 omnilex-key=us-md-regs-official--title-11--11.14.09.11}
A. Outside Mirrors. As required by 49 CFR §571.500, all vehicles shall be equipped with an exterior mirror mounted on the driver's side of the vehicle and either an exterior mirror mounted on the passenger's side of the vehicle or an interior mirror.
All exterior mirrors shall provide a view of the highway for a distance of at least 200 feet to the rear. A vehicle with add-on tint must have an outside rearview mirror on the passenger side.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Rearview Mirror or Mirrors. From the driver's position, visually inspect all exterior mirrors for a clear and reasonably unobstructed view of at least 200 ft. to the rear. Look for correct location, stable mounting, cracks, sharp edges, ease of adjustment, and ability to hold an adjustment. | (1) Mirror: (a) Is missing, when required; (b) Mounting is loose so that rear vision is impaired; (c) Is obscured by windshield pillar or unwiped portion of the windshield; (d) Is cracked, pitted, has sharp edges, or is clouded to the extent that rear vision is obscured; (e) Does not provide an unobstructed view to the rear of at least 200 feet; or (f) Cannot be adjusted or will not hold an adjustment. |
B. Inside Mirrors. All vehicles not equipped with an inside rearview mirror shall be equipped with an exterior mirror mounted on the passenger side. The inside rearview mirror shall be adjustable and equipped with clear view glass providing a clear stable reflected view 200 feet to the rear.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Interior Rearview Mirror. (a) From the driver's position, visually inspect interior mirror for proper mounting, location, cracks, sharp edges, ease of adjustment, and ability to hold an adjustment. (b) If vehicle is designed or constructed where the view through an inside rearview mirror is obstructed, the inside rearview mirror is not required, however, the vehicle shall be equipped with outside rearview mirrors on both sides. | (1) Mirror: (a) Is missing, when required; (b) Mounting is loose so that rear vision is impaired; (c) Is cracked, pitted, has sharp edges, or is clouded to the extent that rear vision is obscured; (d) Does not provide an unobstructed view to the rear of at least 200 feet; or (e) Cannot be adjusted or will not hold an adjustment. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.12** Vehicle Glazing. {#sec-11.14.09.12 omnilex-key=us-md-regs-official--title-11--11.14.09.12}
A. As required under Federal Motor Vehicle Safety Standards, 49 CFR §571.500 “Low Speed Vehicles”, all low speed vehicles shall be equipped with a windshield that conforms to the federal motor vehicle safety standard on glazing materials, 49 CFR §571.205. Windshields of low speed vehicles must meet the ANSI/SAE Z26.1 —1996 specifications for either AS-1 or AS-4 glazing (incorporated by reference; see 49 CFR §571.5). Safety glazing is marked with the manufacturer's trademark and the letters “AS” followed by a number from 1 through 16B. Only AS-1 or AS-4 composition may be used in the windshield. Safety glazing for 1966 and later models also has a glass manufacturer's model number or a DOT (Department of Transportation) code number. Any questions regarding glazing shall be referred to the Automotive Safety Enforcement Division of the Department of State Police.
B. Definitions.
(1) “Cloudiness” means any degree of visible discoloration or separation, except tinting that does not affect clear vision.
(2) “Critical area” means the normal windshield wiper sweep, except the area obscured by hood, fenders, or rearview mirror.
(3) “Non-critical area” means all windshield area outside the critical area.
(4) “Normal windshield wiper sweep” means the area of windshield cleaned by the windshield wiper, excluding return position on both passenger's and driver's side.
C. Proper Marking. Inspect glass for proper markings.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Windshield—Inspect for AS-1 or AS-4 composition. Any windows, if so equipped, must contain safety glazing labeled AS-2, or other approved materials installed or permitted by the vehicle manufacturer for the appropriate application allowing for adequate visibility. | (1) Windshield composition is other than AS-1 or AS-4. Any window is not equipped with safety glazing as required, or is equipped with other than approved materials installed or permitted by the vehicle manufacturer providing required visibility. |
| (2) Window on Driver's Side-Inspect operation of window at driver's side. Window shall open and close readily as designed even though the vehicle has approved turn signals. | (2) Window on driver's side cannot be readily opened and closed as designed. |
| (3) Add on Tinting and Stickers. (a) Low speed vehicles equipped with windows must have at least 35 percent light transmittance after the application of add on tint. When add on tint is applied to any side or rear window, the vehicle must be equipped with an outside rearview mirror on each side. Add on tint to windshield may not be below the AS1 line or below 5 inches from the top of the windshield, whichever is less. Add on tint may not be mirrored or have a one-way vision effect, may not be red, yellow, or amber in color, may not have a sparkling effect, or may not change to a color that is prohibited. (b) All side and rear windows equipped with add on tint meeting the 35 percent light transmittance requirements, shall have labels affixed to the tint approved by the Division. These labels shall be 1/2 inch by 1 1/2 inch, containing the Maryland State Police shield, Maryland Department of Transportation logo, and marked 35 percent. Labels are to be located in close proximity to and not obscuring the glazing manufacturer's trademark and AS indicator. On the rear window, the label shall be affixed in the upper left corner as viewed from the outside. For vehicles equipped with unmarked glazing in side windows, the label shall be placed in the lower rear corner of window as viewed from the outside. Inspection and certification of add on window tinting will be performed as per established regulations. (c) Inspect all glass for unauthorized material or conditions that obscure the driver's vision. Stickers, signs, posters, cards, or other nontransparent materials are to be placed on the windshield or rear window within a 7-inch square in the lower corner or upon the side windows of the vehicle to the rear of the driver, and so placed that the materials will not obstruct the driver's clear view of traffic. Agency Note: Materials placed on the windshield of a vehicle in compliance with security measures required by a federal or State government agency and approved by the Administration, are exempt from the requirements explained in this paragraph. | (a) Glazed surfaces contain any stickers not permitted by law or regulation. (b) Tinting is not incorporated into the glazing except as noted in the procedures and as permitted by federal law. (c) Driver's vision is obscured. (d) Any glazing contains after-market material that causes a mirror or one-way vision effect or is a prohibited color. (e) A vehicle is equipped with allowed add on tinting and is not equipped with an outside rearview mirror on each side. |
D. Glazing Damage.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Cracks, Chips, Discoloration. Inspect windshield and any windows, if so equipped, for damage and discoloration from both inside and outside of the vehicle. | (1) Cracks, Chips, Discoloration. (a) There are cracks, discolorations, scratches, or conditions that interfere with the driver's view to the right or left. (b) Any window is broken or has exposed sharp edges. (c) Rear window is discolored or in a condition preventing driver from having a clear view 200 feet to the rear of the vehicle. |
| (2) Windshield. Inspect windshield for cracks, nicks, pits, chips, star breaks, half moons or bull's-eye fractures, discoloration, sharp edges, and wiper blade scratches. (3) Window Modification. Inspect all windows for modification. Modification of windshield or any side or rear windows of a low speed vehicle is prohibited. | (2) Windshield. (a) Driver's Side. (i) Cloudiness exceeds 1 inch from the top or sides or 1 inch into the critical area from the bottom. If the windshield is divided, the cloudiness may not exceed 1/2 inch from the center divider. (ii) Critical area contains wiper blade scratches, severe enough to distort vision, or any one crack, nick, pit, chip, star break, or half moon or bull's-eye fracture in excess of 1/2 inch diameter or length, or any combination of individual cracks, nicks, pits, chips, star breaks, or half moon or bull's-eye fractures that cumulatively exceed 1/2 inch in diameter or length or any permanent condition other than listed above that significantly interferes with the driver's vision, for example, sand blasting or etching. (iii) Non-critical area contains any one crack or combination of intersecting or individual cracks, which cumulatively exceed 1 inch diameter or length, or any permanent condition that significantly interferes with the driver's vision. |
| | (b) Passenger Side. (i) Cloudiness exceeds 2 inches from the top or outer edges or extends more than 2 inches into the critical area from the bottom. If the windshield is divided, the cloudiness may not exceed 1/2 inch from the center divider. (ii) Critical area contains wiper blade scratches severe enough to distort vision, or any one crack, nick, pit, chip, star break, or half moon or bull's-eye fracture in excess of 1/2 inch diameter or length, or any combination of cracks, nicks, pits, chips, star breaks, or half moon or bull's-eye fractures which cumulatively exceed 1/2 inch diameter or length, or any permanent condition other than listed above which significantly interferes with the driver's vision. (iii) Non-critical area contains any one crack or combination of intersecting or individual cracks, which cumulatively exceed 2 inches diameter or length, or any permanent condition that significantly interferes with the driver's vision. |
| | (3) Modification. Windshield or any side or rear window has been modified from its original manufacturer's design. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.13** Windshield Wipers and Washers. {#sec-11.14.09.13 omnilex-key=us-md-regs-official--title-11--11.14.09.13}
A. The windshield wipers shall be inspected for operation, control, condition of blades and arms, or any missing part. Vehicle manufacturers may design vehicle to be equipped with only one windshield wiper.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Windshield Wipers. (a) Inspect for operation as designed. Windshield shall be free of insects, oil film, or other foreign matter, and should be continuously wet when tested. (b) Inspect for damaged, torn, or hardened rubber elements of blades. (c) Inspect for damaged metal parts of wiper blades or arms. (d) Inspect for proper contact of blades with windshield. Raise arm away from windshield and release. Arms should return to original position and cause the wiper blades to firmly contact the windshield. | (1) Windshield Wipers. (a) Wipers do not operate as designed or cannot be controlled by the driver. (b) A wiper arm or blade is broken or missing. (c) There is insufficient tension of arm to hold blade against windshield. (d) There are worn or deteriorated blades that do not clean the windshield within 5 cycles. (e) Wiper arms and blades are not the proper size for the windshield or have been relocated from original design. (f) Not equipped with on or off switch within arm's length of driver. (g) Arms fail to automatically return to park position. |
| (2) Windshield Washer(s) (If so equipped). (a) Inspect for proper operation of controls and for an effective amount of fluid delivered to the outside of the windshield. System shall function regardless of outside temperatures. | (2) Windshield Washer(s). (a) Reservoir is empty. (b) System fails to function. (c) Fluid in system is frozen. (d) System does not provide fluid to the wiper area. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.14** Hood and Catches. {#sec-11.14.09.14 omnilex-key=us-md-regs-official--title-11--11.14.09.14}
A. Inspection shall consist of operation and presence of hinges, latches, release mechanisms, safety catches, or fasteners, if so equipped, insuring that the hood encloses the motor compartment.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Open hood and inspect for proper operation. Inspect all hinges, latches, release mechanism, safety catch, or fasteners, for condition and proper operation. Close hood and inspect for proper full closure. If motor is rear mounted, make a similar inspection of motor compartment and hood door. | (1) Hood does not enclose the motor compartment. (2) Hood latch and keeper are not original equipment or equivalent. (3) Any hinge, latch, release mechanism, or fastener of the hood or motor cover is broken, missing, or improperly adjusted preventing the hood or motor cover from being properly opened and closed. |
| (2) Inspect for any hood scoop more than 1/3 the vertical height of the windshield. | (4) Hood is not equipped with a proper operating safety latch if originally equipped. |
| | (5) Any hood scoop is higher than 1/3 the vertical height of the windshield. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.15** Doors, Handles, and Latches (If so equipped). {#sec-11.14.09.15 omnilex-key=us-md-regs-official--title-11--11.14.09.15}
A. Inspection of doors, handles, latches, and hinges applies to all vehicles originally manufactured with doors and all other vehicles that are equipped with doors.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect all doors, latches, hinges, and handles for broken or missing parts, proper operation, and improper adjustment. | (1) Doors or door parts are missing, broken, or sagging so that the door cannot be closed as designed. |
| (2) Inspect all doors for tears or sharp or jagged edges which would present a hazard to pedestrians or passengers. | (2) Latch or handles not original equipment or equivalent. (3) Door handles and latches do not provide a means of readily opening door. |
| | (4) Secondary or safety catch does not function properly, if so equipped. (5) Door has tears, or sharp or jagged edges which would present a hazard to pedestrians or passengers. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.16** Floor and Trunk Pans. {#sec-11.14.09.16 omnilex-key=us-md-regs-official--title-11--11.14.09.16}
A. Floor and trunk pans shall be inspected for structural integrity and general condition.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect floor and trunk pans for structural integrity and general condition. | (1) Floor or trunk pan of unibody construction is cracked or broken, or is otherwise damaged or in a condition that would affect structural integrity. |
| | (2) Floor or trunk pan is otherwise damaged or deteriorated to cause a hazard to an occupant, or affects the secure mounting of seats, seat belt anchorages, or any other component. |
| | (3) Repairs to floor and trunk pan are not made with the same type of material that was originally used by the manufacturer or approved for use by the vehicle manufacturer. |
| | (4) Repairs to floor and trunk pan of unibody are not welded. |
| | (5) Repairs to the areas of seat mountings, seat belt anchorages, or other components are not welded. |
| | (6) Repairs to floor and trunk pan, other than unibody construction, are not welded, riveted, or screwed. |
| | (7) Any repairs to floor or trunk pan does not appear to be of sufficient strength or quality or is not sealed to prevent moisture from entering the vehicle. Agency Note: Undercoating alone is not an approved sealant. |
| | (8) Floor in occupant area is not equipped with a slip resistant surface, or is not properly attached, or presents a hazard. |
| Agency Note: If repairs are required the vehicle owner or agent shall be advised not to apply undercoating to the repaired area prior to reinspection. If undercoating exists in areas of required inspection, removal of undercoating may be required to permit a proper inspection. | |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.17** Speedometer and Odometer. {#sec-11.14.09.17 omnilex-key=us-md-regs-official--title-11--11.14.09.17}
A. Speedometer and odometer shall be inspected to determine if they are connected and speedometer is operable. The dial and speed increments of speedometer are legible, and calibrated in miles or kilometers.
Agency Note: Odometer readings in kilometers shall be converted and recorded in miles on inspection check sheet and inspection certificate.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect speedometer for operation and legibility. Due to the inability of conducting a road test of the vehicle, a determination of the ability of the odometer to operate and register distance traveled will not be an inspection requirement. The odometer will however, be required to display a registered distance reading in miles or kilometers. The speedometer may register speed in miles per hour or kilometers per hour, or both. If the odometer records a distance in kilometers, the vehicle shall be placarded in view of the driver with a wording “kilometers divided by 1.609 equals miles”. | (1) Speedometer or odometer, or both, are disconnected, or speedometer is inoperable. |
| (2) Dial and speed increments are not legible. | |
| (3) Speedometer does not register speed in miles per hour or kilometers, or both. | |
| (4) Odometer does not display a registered distance reading in miles or kilometers that is legible. | |
| (5) Odometer records distance in kilometers and is not placarded with wording “kilometers divided by 1.609 equals miles”. | |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.18** Driver's Seat and All Passenger Seating. {#sec-11.14.09.18 omnilex-key=us-md-regs-official--title-11--11.14.09.18}
A. The vehicle shall provide securely fastened seating arrangements, including a backrest for each intended occupant. The driver's seat shall be inspected for proper operation of the adjusting mechanism, along with any adjustable passenger seat if so equipped.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence and condition of all seating. | (1) Any seating shows indication of being loose, damaged, or broken, or not equipped with a backrest for each intended occupant. Driver's seat or any passenger seating is missing or unsafe. |
| (2) Inspect required seat adjustment of driver's seat along with any passenger seat equipped with adjustment mechanism. | (2) Driver's seat, or any passenger seat equipped with adjustment mechanism, slips out of position or does not provide for and hold adjustment. |
| (3) Inspect all seat mounting brackets, anchor bolts, and related hardware. | (3) All seat mounting brackets, anchor bolts, or related hardware, are not securely fastened as designed or are missing. |
| (4) Inspect all seating for protruding springs or other objects that could catch clothing or cause injury. | (4) Any seat has protruding springs or other objects that could catch clothing or cause injury. |
| (5) Inspect for any hand hold or hip restraint installed in vehicle. | (5) Any hand hold or hip restraint, if originally installed by vehicle manufacturer, is missing, broken, or loose anywhere in the occupant area. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.19** Safety Belts. {#sec-11.14.09.19 omnilex-key=us-md-regs-official--title-11--11.14.09.19}
A. As required under Federal Motor Vehicle Safety Standards 49 CFR §571.500, Standard No. 500 Low Speed Vehicles, all low speed vehicles shall be equipped with a Type 1 or Type 2 seat belt assembly conforming to §571.209 of this part, Federal Motor Vehicle Safety Standard No. 209, Seat belt assemblies, installed at each designated seating position. Seat belt assembly means any strap, webbing, or similar device designed to secure a person in a motor vehicle in order to mitigate the results of an accident, including all necessary buckles and other fasteners, and all hardware designed for installing the seat belt assembly in a motor vehicle.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for required type seat belt assembly, Type 1 or Type 2, as installed by the vehicle manufacturer for each designated seating position. Type 1 seat belt assembly is a lap belt for pelvic restraint. Type 2 seat belt assembly is a combination of pelvic and upper torso restraints. | (1) Not equipped with required type seat belt assembly as installed by the vehicle manufacturer for each designated seating position. |
| (2) Inspect for proper mounting location of seat belt assembly. | (2) Seat belt assembly is mounted improperly. |
| (3) Inspect for frayed, split or torn webbing or strap. | (3) Safety belt webbing or strap is frayed, split, or torn. |
| (4) Inspect for malfunctioning buckles. | (4) Belt buckles do not operate properly. |
| (5) Inspect for loose or damaged anchorages. | (5) Belt anchorages are loose, badly corroded, missing, or not fastened to belt. |
| (6) Inspect mounting surfaces. | (6) Belt mounting surface is badly deformed, damaged, or corroded. |
| (7) Inspect retracting and release mechanisms. | (7) Retracting or release mechanisms do not operate properly. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.20** Motor, Transaxle, and Transmission Mounts. {#sec-11.14.09.20 omnilex-key=us-md-regs-official--title-11--11.14.09.20}
A. Motor, transaxle, and transmission mounts include any mounting or securing device designed to hold the motor, transaxle, or transmission in a stable position.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| Inspect for missing, worn, loose, or broken motor, transaxle, or transmission mounts and securing devices. | Any motor, transaxle, or transmission mount or securing device is missing, worn, loose, or broken. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.21** Directional Control. {#sec-11.14.09.21 omnilex-key=us-md-regs-official--title-11--11.14.09.21}
A. Inspect the directional control and reverse warning device.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Directional Control (Forward and Reverse)—The directional forward and reverse control shall be clearly marked as to its directional position. Directional Control (Forward and Reverse) as described in SAE J2358, is incorporated by reference in Regulation .02 of this chapter. | (1) Directional control is not clearly marked as to its position. |
| (2) With the key/ignition switch in the on position, test the directional control positions for accuracy. | (2) Directional control does not accurately indicate the correct position and direction of travel. |
| (3) Reverse Warning Device—Every vehicle shall be equipped with a sound-producing device capable of 60db(A) minimum at the operator's ear level. The reverse warning device shall function at all times when the directional control is in the reverse position. Reverse Warning Device is described in SAE J2358, which incorporated by reference in Regulation .02 of this chapter. | (3) Reverse warning device fails to function when directional control is in the reverse position, or fails to emit a sound audible under normal conditions for a distance of at least 100 feet. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.22** Constant Velocity Joints and Universal Joints. {#sec-11.14.09.22 omnilex-key=us-md-regs-official--title-11--11.14.09.22}
A. Constant velocity joints are generally found on drive axles. Universal joints are generally found on drive shafts and drive axles of vehicles.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for attachment and worn, damaged, or loose universal joints and constant velocity joints. | (1) Joint is not securely attached to the driving and/or driven member. |
| (2) Inspect for attachment and worn, damaged, or loose center support bearings on multisection drive shafts. | (2) There is any movement of a universal joint between the joint, bearing cap or cross bar, or both, or constant velocity joint is worn or has adverse movement. |
| | (3) Any joint is frozen. |
| | (4) Any constant velocity joint boot is torn or otherwise damaged so that lubrication cannot be contained. |
| | (5) Center support bearing or attachment is worn, damaged, or loose. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.23** Modifications. {#sec-11.14.09.23 omnilex-key=us-md-regs-official--title-11--11.14.09.23}
A. Modifications—The controlling party, owner, person, or organization responsible for the conduct of the operator and maintenance of the low speed vehicle may not perform, or allow to be performed, any modifications or additions which affect capacity, safe operation, maximum speed, or any change not in accordance with the operator's manual without the manufacturer's prior written authorization. Where authorized modifications have been made, the controlling party shall ensure that capacity, operation, warning, and maintenance instruction plates, tags, and decals are changed accordingly. Modifications are described in SAE J2358, which is incorporated by reference in Regulation .02 of this chapter.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect vehicle for signs of obvious modifications or additions that would affect capacity, safe operation, maximum speed, or changes not in accordance with vehicle owner's/operator's manual without the manufacturer's prior written authorization. | (1) Vehicle contains any obvious modification that would affect capacity, safe operation, maximum speed, or other change not in accordance with vehicle owner's/operator's manual without the manufacturer's prior written authorization. |
| (2) Where authorized modifications have been made, the controlling party shall ensure that capacity, operation, warning, and maintenance instruction plates, tags, and decals are changed accordingly. | (2) Authorized modifications have been made, and the capacity, operation, warning, and maintenance instruction plates, tags, and decals are not changed accordingly. |
| (3) Vehicle owner's/operator's manual must accompany vehicle during inspection. | (3) Vehicle is presented for inspection without required owner's/operator's manual applicable for vehicle being inspected. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.24** Vehicle Identification Number. {#sec-11.14.09.24 omnilex-key=us-md-regs-official--title-11--11.14.09.24}
A. As required under Federal Motor Vehicle Safety Standards 49 CFR §571.500, Standard No. 500 Low Speed Vehicles, the manufacturers of all low speed vehicles shall legibly inscribe the vehicle identification number (VIN) that conforms to the requirements of 49 CFR Part 565 Vehicle Identification Number. Each VIN shall consist of 17 characters.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect vehicle for manufacturer's vehicle identification number. | (1) Manufacturer's vehicle identification number is missing, altered, or fails to contain the properly required 17 characters. |
| Agency Note: State assigned VIN plates when attached in place of manufacturer's VIN are acceptable. | |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.25** Certification Label. {#sec-11.14.09.25 omnilex-key=us-md-regs-official--title-11--11.14.09.25}
A. The federal motor vehicle safety certification label shall be affixed to the vehicle and identify it as a Low Speed Vehicle for the regulations under this chapter to apply.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect vehicle's federal motor vehicle safety certification label. | (1) Vehicle's federal motor vehicle safety certification label is missing, altered, or fails to identify the vehicle as a Low Speed Vehicle. |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
##### **COMAR 11.14.09.26** Safety Signs and Low Speed Vehicle Disclosure Decal. {#sec-11.14.09.26 omnilex-key=us-md-regs-official--title-11--11.14.09.26}
A. Safety signs, when installed by the vehicle manufacturer, shall be permanently affixed to the vehicle and visible to the operator and occupants as designed by the vehicle manufacturer.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for safety signs/warnings installed by the vehicle manufacturer. | (1) Any safety sign/warning, if originally installed by the manufacturer, has obviously been removed, tampered with, or is otherwise not permanently attached and visible as designed by the vehicle manufacturer. |
B. Low Speed Vehicle Disclosure Decal. A low speed vehicle disclosure decal shall be permanently affixed to the underside of the roof of the vehicle near the windshield on the driver's side. This decal shall be approximately 3 inches high by 5 inches wide and contain the disclosure statement information noted below.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect low speed vehicle disclosure decal for presence, mounting requirements, legibility, and the following required wording: | (1) Low speed vehicle disclosure decal is missing, not permanently affixed, improperly located, not clearly legible, or fails to contain the required wording. |
| LOW SPEED VEHICLE DISCLOSURE THIS VEHICLE IS CLASSIFIED AS A LOW SPEED VEHICLE. THIS VEHICLE: • Has a maximum speed of greater than 20 miles per hour, but less than 25 miles per hour; • May not be operated on a public highway with a speed limit in excess of 30 miles per hour; • May be a hazard on the roadways if it impedes traffic; and • May subject the driver to citations for impeding traffic. | |
| Agency Note: Consult vehicle manufacturer for any additional information. | |
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006*
- *Administrative History: Regulations .01—.27 adopted as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007*
- *Administrative History: Regulations .01—.26 adopted effective September 10, 2007 (34:18 Md. R. 1580)*
- *Authority: Transportation Article, §§12-104(b), 21-1104(d), 22-101, and 23-101—23-105, Annotated Code of Maryland; 49 CFR §571.500*
## **11.15** MOTOR VEHICLE ADMINISTRATION — VEHICLE REGISTRATION
##### **COMAR 11.15.01** Gratis Registration Plates [Repealed] {#sec-11.15.01 omnilex-key=us-md-regs-official--title-11--11.15.01}
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 amended effective July 5, 1982 (9:13 Md. R. 1351); January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: ——————*
- *Administrative History: Chapter repealed effective July 30, 2018 (45:15 Md. R. 724)*
### **11.15.02** Transporter Registration Plates
##### **COMAR 11.15.02.01** Application. {#sec-11.15.02.01 omnilex-key=us-md-regs-official--title-11--11.15.02.01}
Applicants for transporter registration shall make application to the Administration on forms prescribed by the Administration.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulations .02 and .03 amended effective September 17, 1975 (2:21 Md. R. 1340)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .02 amended effective January 29, 1996 (23:2 Md. R. 96)*
- *Administrative History: Regulation .03 repealed effective January 29, 1996 (23:2 Md. R. 96)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
##### **COMAR 11.15.02.02** Requirements. {#sec-11.15.02.02 omnilex-key=us-md-regs-official--title-11--11.15.02.02}
A. The fixed location shall meet all local zoning regulations.
B. A current trader's license shall be issued if required by the political subdivision for the location shown on the application for transporter registration.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulations .02 and .03 amended effective September 17, 1975 (2:21 Md. R. 1340)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective June 15, 1979 (6:12 Md. R. 1051)*
- *Administrative History: Regulation .02 amended effective January 29, 1996 (23:2 Md. R. 96)*
- *Administrative History: Regulation .03 repealed effective January 29, 1996 (23:2 Md. R. 96)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
### **11.15.03** Recreational Vehicles
##### **COMAR 11.15.03.01** Definitions. {#sec-11.15.03.01 omnilex-key=us-md-regs-official--title-11--11.15.03.01}
A. In these regulations, the following terms have the meanings indicated.
B. Terms Defined.
(1) For the purpose of administering the provisions of Transportation Article, §13-937, Annotated Code of Maryland, and defining a motor home under Commercial Law Article, §14-1501, Annotated Code of Maryland, a “motor home” means a vehicle:
(a) Designed to provide temporary living quarters, built into as an integral part of, or permanently attached to, a self-propelled motor vehicle chassis or van; and
(b) Containing permanently installed life support systems which provide at least four of the following facilities:
(i) Cooking,
(ii) Refrigeration or ice box,
(iii) Self-contained toilet,
(iv) Heating, air conditioning, or both,
(v) A potable water supply system including a faucet and sink,
(vi) Separate 110—125 volt electrical power supply, or
(vii) an LP gas supply.
(2) A “motor vehicle”, as defined under Commercial Law Article, §4-1501, Annotated Code of Maryland, does not include a motor home as defined in this regulation.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Amended effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Chapter revised effective September 21, 1979 (6:19 Md. R. 1520)*
- *Administrative History: Regulation .01 amended effective May 28, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .02 adopted effective May 28, 1990 (17:10 Md. R. 1220)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
##### **COMAR 11.15.03.02** Registration Plate. {#sec-11.15.03.02 omnilex-key=us-md-regs-official--title-11--11.15.03.02}
A motor home shall display a Class M (multipurpose passenger vehicle) registration plate.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Amended effective May 12, 1976 (3:10 Md. R. 530)*
- *Administrative History: Chapter revised effective September 21, 1979 (6:19 Md. R. 1520)*
- *Administrative History: Regulation .01 amended effective May 28, 1990 (17:10 Md. R. 1220)*
- *Administrative History: Regulation .02 adopted effective May 28, 1990 (17:10 Md. R. 1220)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
### **11.15.04** Class B Vehicle Requirements
##### **COMAR 11.15.04.01** Application for Exemption Certificate. {#sec-11.15.04.01 omnilex-key=us-md-regs-official--title-11--11.15.04.01}
A. Before the issuance of any Class B registration plates by the Administration, the owner of any passenger vehicle which is used to transport passengers for hire shall file an application for an exemption certificate with the Public Service Commission, in such a manner and on such forms as may be prescribed by the Public Service Commission, except in the following cases:
(1) Vehicles used by bona fide funeral directors, which are exclusively owned and operated by and for funeral establishments;
(2) Taxicabs operating in a jurisdiction regulated by the Public Service Commission, where taxicab permits are issued.
B. Upon approval for an exemption certificate by the Public Service Commission and upon presentation to this administration of the certificate, the owner of the passenger vehicles which are transporting passengers for hire may make application for and be issued Class B Registration Plates.
C. Nothing in these regulations shall be construed as prohibiting the display of Class B registration plates instead of Class C registration plates for vehicles used also by funeral establishments or used as ambulances.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
### **11.15.05** Unorthodox Vehicles
##### **COMAR 11.15.05.01** Definitions. {#sec-11.15.05.01 omnilex-key=us-md-regs-official--title-11--11.15.05.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Constructed vehicle” means any vehicle which has been assembled by anyone other than a manufacturer of vehicles, and the chassis of another vehicle which has been assembled by a bona fide manufacturer was not used during the course of construction.
(2) “Reconstructed vehicle” means any vehicle which has been assembled from the chassis and other parts of vehicles which were originally constructed by bona fide manufacturers of vehicles.
(3) Unorthodox Vehicle.
(a) “Unorthodox vehicle” means a vehicle which is unusual in design and which deviates from the types of vehicles required to be titled and registered under the provisions of Transportation Article, Title 13, Annotated Code of Maryland, regardless if the vehicle was assembled by a bona fide vehicle manufacturer or by any other person.
(b) “Unorthodox vehicle” includes motorized wheel chairs, minibikes, trail machines, beach buggies, dune buggies, and any other similar type of vehicle.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective June 17, 1996 (23:12 Md. R. 872)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
##### **COMAR 11.15.05.01-1** Incorporation by Reference. {#sec-11.15.05.01-1 omnilex-key=us-md-regs-official--title-11--11.15.05.01-1}
A. In this chapter, the following document is incorporated by reference.
B. Document Incorporated. 49 CFR §§571.101—571.302 (1993).
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective June 17, 1996 (23:12 Md. R. 872)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
##### **COMAR 11.15.05.02** Vehicles to be Registered as Class A Passenger Vehicles. {#sec-11.15.05.02 omnilex-key=us-md-regs-official--title-11--11.15.05.02}
Constructed, reconstructed, or unorthodox vehicles to be registered as Class A passenger vehicles shall:
A. Be inspected and approved by an authorized Maryland inspection station before applying for title and registration;
B. Be equipped with the equipment and mechanisms required by Transportation Article, Title 22, Annotated Code of Maryland, which shall be inspected and approved by an authorized Maryland inspection station; and
C. Comply with the provisions of 49 CFR §§571.101—571.302, which are incorporated by reference.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective June 17, 1996 (23:12 Md. R. 872)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
##### **COMAR 11.15.05.03** Vehicles to be Registered as Class D Motorcycles. {#sec-11.15.05.03 omnilex-key=us-md-regs-official--title-11--11.15.05.03}
A. Constructed, reconstructed, or unorthodox vehicles to be registered as Class D motorcycles shall:
(1) Be equipped with the equipment and mechanisms required by Transportation Article, Title 22, Annotated Code of Maryland; and
(2) Comply with the provisions of 49 CFR §§571.101—571.302, which are incorporated by reference.
B. The owners of constructed, reconstructed, or unorthodox vehicles to be registered as Class D motorcycles shall certify that the vehicle complies with the provisions of §A of this regulation.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective June 17, 1996 (23:12 Md. R. 872)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
##### **COMAR 11.15.05.04** Vehicles to be Registered as Class E Trucks. {#sec-11.15.05.04 omnilex-key=us-md-regs-official--title-11--11.15.05.04}
A. Constructed, reconstructed, or unorthodox vehicles to be registered as Class E trucks shall meet the requirements in §§B—D of this regulation.
B. The original design of the vehicle shall be for the purpose of transporting freight or merchandise and the use of the vehicle shall be restricted to that purpose.
C. Hauling Compartment.
(1) A vehicle shall be built in such a manner as to provide a hauling compartment which shall:
(a) Be permanently attached to the vehicle;
(b) Be separated from the passenger compartment; and
(c) Have a capacity of at least 12 cubic feet.
(2) The trunk of a passenger vehicle or the rear portion of a station wagon, when the seats are folded down or removed, is not considered a hauling compartment.
D. A vehicle shall be equipped with equipment and mechanisms which comply with the provisions of Transportation Article, Title 22, Annotated Code of Maryland, and 49 CFR §§571.101—571.302, which are incorporated by reference.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective June 17, 1996 (23:12 Md. R. 872)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
##### **COMAR 11.15.06** Historic Motor Vehicles [Repealed] {#sec-11.15.06 omnilex-key=us-md-regs-official--title-11--11.15.06}
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 amended effective July 7, 1976 (3:14 Md. R. 750); August 3, 1977 (4:16 Md. R. 1213); June 30, 1978 (5:13 Md. R. 1064); November 17, 1978 (5:23 Md. R. 1741)*
- *Administrative History: Regulation .02 amended effective July 7, 1976 (3:14 Md. R. 750); August 3, 1977 (4:16 Md. R. 1213); June 30, 1978 (5:13 Md. R. 1064); July 13, 1979 (6:14 Md. R. 1208); May 30, 1980 (7:11 Md. R. 1039); August 3, 1981 (8:15 Md. R. 1309); July 5, 1982 (9:13 Md. R. 1351); July 4, 1983 (10:13 Md. R. 1180); December 31, 1984 (11:26 Md. R. 2279)*
- *Administrative History: Regulation .03 amended as an emergency provision effective May 26, 1976 (3:13 Md. R. 719); adopted permanently effective October 13, 1976 (3:21 Md. R. 1207)*
- *Administrative History: Regulation .04 adopted as an emergency provision effective May 26, 1976 (3:13 Md. R. 719); adopted permanently effective October 13, 1976 (3:21 Md. R. 1207)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.06 adopted as an emergency provision effective August 29, 1985 (12:19 Md. R. 1845); adopted permanently effective December 16, 1985 (12:25 Md. R. 2472)*
- *Administrative History: Regulation .02 amended effective January 1, 1992 (18:25 Md. R. 2753); January 1, 2007 (33:25 Md. R. 1952)*
- *Administrative History: Regulation .03 amended effective November 2, 1987 (14:22 Md. R. 2340); January 1, 2007 (33:25 Md. R. 1952)*
- *Administrative History: Regulation .03C amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .04B amended effective January 1, 2007 (33:25 Md. R. 1952)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.06 repealed effective October 24, 2016 (43:21 Md. R. 1167)*
##### **COMAR 11.15.07** Special Registration Number — Personalized Plates [Repealed] {#sec-11.15.07 omnilex-key=us-md-regs-official--title-11--11.15.07}
**History**
- *Administrative History: Effective date: August 1, 1974*
- *Administrative History: Regulation .01C and F amended effective May 14, 1975 (2:10 Md. R. 752)*
- *Administrative History: Regulation .01 amended effective August 3, 1981 (8:15 Md. R. 1310)*
- *Administrative History: ——————*
- *Administrative History: Regulation .01 repealed and new Regulations .01—.03 adopted effective January 27, 1986 (13:2 Md. R. 137)*
- *Administrative History: Regulation .01 amended effective January 23, 1989 (16:1 Md. R. 71); December 29, 1997 (24:26 Md. R. 1759); October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: Regulation .02 amended effective January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: ——————*
- *Administrative History: Chapter repealed effective July 30, 2018 (45:15 Md. R. 724)*
### **11.15.08** Special Mobile Equipment
##### **COMAR 11.15.08.01** Purpose. {#sec-11.15.08.01 omnilex-key=us-md-regs-official--title-11--11.15.08.01}
These regulations clarify the definition of special mobile equipment contained in Transportation Article, § 11-159, Annotated Code of Maryland, and set out the special application procedures to be followed in order to obtain special mobile equipment registration designation.
**History**
- *Administrative History: Effective date: September 1, 1974 (1:2 Md. R. 112)*
- *Administrative History: Regulation .01A amended effective October 15, 1975 (2:23 Md. R. 1415)*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Regulations .01—.03 amended effective July 5, 1982 (9:13 Md. R. 1352)*
- *Administrative History: Chapter, Volunteer Fire Department Registration for Members, repealed effective March 10, 1986 (13:5 Md. R. 547)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05, Special Mobile Equipment, adopted effective August 31, 1992 (19:17 Md. R. 1608)*
- *Authority: Transportation Article, §§11-159, 11-201, 12-104(b), 13-624, and 13-705, Annotated Code of Maryland*
##### **COMAR 11.15.08.02** Definitions. {#sec-11.15.08.02 omnilex-key=us-md-regs-official--title-11--11.15.08.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Special mobile equipment (SME)” means a vehicle as defined in Transportation Article, §11-159, Annotated Code of Maryland, and these regulations.
**History**
- *Administrative History: Effective date: September 1, 1974 (1:2 Md. R. 112)*
- *Administrative History: Regulation .01A amended effective October 15, 1975 (2:23 Md. R. 1415)*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Regulations .01—.03 amended effective July 5, 1982 (9:13 Md. R. 1352)*
- *Administrative History: Chapter, Volunteer Fire Department Registration for Members, repealed effective March 10, 1986 (13:5 Md. R. 547)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05, Special Mobile Equipment, adopted effective August 31, 1992 (19:17 Md. R. 1608)*
- *Authority: Transportation Article, §§11-159, 11-201, 12-104(b), 13-624, and 13-705, Annotated Code of Maryland*
##### **COMAR 11.15.08.03** Eligibility Factors For Special Mobile Equipment Designation. {#sec-11.15.08.03 omnilex-key=us-md-regs-official--title-11--11.15.08.03}
A. Special mobile equipment may not be designed primarily for the highway transportation of people or property.
B. Self-propelled special mobile equipment may not be designed to transport more than two individuals.
C. Special mobile equipment may have only minimal hauling capacity and may haul only the property or equipment necessary to operate the SME.
**History**
- *Administrative History: Effective date: September 1, 1974 (1:2 Md. R. 112)*
- *Administrative History: Regulation .01A amended effective October 15, 1975 (2:23 Md. R. 1415)*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Regulations .01—.03 amended effective July 5, 1982 (9:13 Md. R. 1352)*
- *Administrative History: Chapter, Volunteer Fire Department Registration for Members, repealed effective March 10, 1986 (13:5 Md. R. 547)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05, Special Mobile Equipment, adopted effective August 31, 1992 (19:17 Md. R. 1608)*
- *Authority: Transportation Article, §§11-159, 11-201, 12-104(b), 13-624, and 13-705, Annotated Code of Maryland*
##### **COMAR 11.15.08.04** Application Procedures. {#sec-11.15.08.04 omnilex-key=us-md-regs-official--title-11--11.15.08.04}
A. Application for special mobile equipment registration plates shall be made on the forms provided by the Administration and shall be submitted to the Licensing and Consumer Services Division of the Administration.
B. Photographs of each type of equipment sought to be designated as special mobile equipment shall be submitted with the application.
C. An inspection of the type of equipment sought to be designated as special mobile equipment may be conducted by the Administration or the Maryland State Police.
D. The Administration shall refuse to issue special mobile equipment registration plates:
(1) To an applicant who has not complied with the requirements of this chapter;
(2) For any vehicle which it determines does not meet the definition of special mobile equipment or does not otherwise qualify for the registration designation under this chapter.
**Cross References**
11.15.08.05B
**History**
- *Administrative History: Effective date: September 1, 1974 (1:2 Md. R. 112)*
- *Administrative History: Regulation .01A amended effective October 15, 1975 (2:23 Md. R. 1415)*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Regulations .01—.03 amended effective July 5, 1982 (9:13 Md. R. 1352)*
- *Administrative History: Chapter, Volunteer Fire Department Registration for Members, repealed effective March 10, 1986 (13:5 Md. R. 547)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05, Special Mobile Equipment, adopted effective August 31, 1992 (19:17 Md. R. 1608)*
- *Authority: Transportation Article, §§11-159, 11-201, 12-104(b), 13-624, and 13-705, Annotated Code of Maryland*
##### **COMAR 11.15.08.05** Suspension or Revocation of Special Mobile Equipment Plates. {#sec-11.15.08.05 omnilex-key=us-md-regs-official--title-11--11.15.08.05}
The Administration may cancel, suspend, or revoke special mobile equipment registration plates if it determines that:
A. During the period for which the SME registration plates were issued the vehicle was used in a manner rendering it ineligible for SME registration plates;
B. The SME registration plates were used on a vehicle other than the type of equipment represented to this Administration under Regulation .04B of this chapter; or
C. The SME registration is otherwise subject to cancellation, suspension, or revocation under Transportation Article, §13-705, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: September 1, 1974 (1:2 Md. R. 112)*
- *Administrative History: Regulation .01A amended effective October 15, 1975 (2:23 Md. R. 1415)*
- *Administrative History: Chapter revised effective March 7, 1980 (7:5 Md. R. 475)*
- *Administrative History: Regulations .01—.03 amended effective July 5, 1982 (9:13 Md. R. 1352)*
- *Administrative History: Chapter, Volunteer Fire Department Registration for Members, repealed effective March 10, 1986 (13:5 Md. R. 547)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05, Special Mobile Equipment, adopted effective August 31, 1992 (19:17 Md. R. 1608)*
- *Authority: Transportation Article, §§11-159, 11-201, 12-104(b), 13-624, and 13-705, Annotated Code of Maryland*
### **11.15.09** Temporary Registration
##### **COMAR 11.15.09.01** Purpose of Temporary Registration. {#sec-11.15.09.01 omnilex-key=us-md-regs-official--title-11--11.15.09.01}
In order to allow an applicant for title and registration the means to transport a vehicle to be titled and registered to and from an authorized Maryland inspection station, weighing station, or repair facility, the Motor Vehicle Administrator may permit the issuance of temporary registration in accordance with Transportation Article, §13-405, Annotated Code of Maryland, upon the submission of application for title and registration accompanied by the proper fees as set forth in COMAR 11.11.05.
**History**
- *Administrative History: Effective date: July 1, 1974 (1:1 Md. R. 76)*
- *Administrative History: Chapter revised effective August 6, 1975 (2:17 Md. R. 1192)*
- *Administrative History: Chapter revised effective May 4, 1979 (6:9 Md. R. 729)*
- *Administrative History: Regulations .01, .02 and .05 amended as an emergency provision effective June 14, 1980 (7:15 Md. R. 1420); amended permanently effective October 3, 1980 (7:20 Md. R. 1884)*
- *Administrative History: Regulation .01 amended effective August 25, 1986 (13:17 Md. R. 1923); January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .02 amended effective August 25, 1986 (13:17 Md. R. 1923); June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: Regulation .04 amended effective June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: Regulation .05 repealed effective June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: Regulation .06 amended effective June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .01 amended effective November 25, 2013 (40:23 Md. R. 1934)*
- *Administrative History: Regulation .04 amended effective November 25, 2013 (40:23 Md. R. 1934)*
- *Authority: Transportation Article, §§12-104(b) and 13-405, Annotated Code of Maryland*
##### **COMAR 11.15.09.02** Term of Validity of Temporary Registration. {#sec-11.15.09.02 omnilex-key=us-md-regs-official--title-11--11.15.09.02}
The temporary registration shall be valid for a period not to exceed 60 days succeeding the date of issuance. The temporary registration shall be used by the applicant for the purpose of transporting a vehicle to and from an authorized Maryland inspection station, weighing station, or repair facility to have the vehicle inspected, weighed, or repaired in compliance with the Transportation Article, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: July 1, 1974 (1:1 Md. R. 76)*
- *Administrative History: Chapter revised effective August 6, 1975 (2:17 Md. R. 1192)*
- *Administrative History: Chapter revised effective May 4, 1979 (6:9 Md. R. 729)*
- *Administrative History: Regulations .01, .02 and .05 amended as an emergency provision effective June 14, 1980 (7:15 Md. R. 1420); amended permanently effective October 3, 1980 (7:20 Md. R. 1884)*
- *Administrative History: Regulation .01 amended effective August 25, 1986 (13:17 Md. R. 1923); January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .02 amended effective August 25, 1986 (13:17 Md. R. 1923); June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: Regulation .04 amended effective June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: Regulation .05 repealed effective June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: Regulation .06 amended effective June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .01 amended effective November 25, 2013 (40:23 Md. R. 1934)*
- *Administrative History: Regulation .04 amended effective November 25, 2013 (40:23 Md. R. 1934)*
- *Authority: Transportation Article, §§12-104(b) and 13-405, Annotated Code of Maryland*
##### **COMAR 11.15.09.03** Instructions for Use of Temporary Plates. {#sec-11.15.09.03 omnilex-key=us-md-regs-official--title-11--11.15.09.03}
Upon receipt of the temporary registration, the applicant shall affix the metal registration plates on the vehicle as required by Transportation Article, §13-411, Annotated Code of Maryland. The temporary registration card shall be carried in the vehicle during its validity as required by the Transportation Article, §13-409, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: July 1, 1974 (1:1 Md. R. 76)*
- *Administrative History: Chapter revised effective August 6, 1975 (2:17 Md. R. 1192)*
- *Administrative History: Chapter revised effective May 4, 1979 (6:9 Md. R. 729)*
- *Administrative History: Regulations .01, .02 and .05 amended as an emergency provision effective June 14, 1980 (7:15 Md. R. 1420); amended permanently effective October 3, 1980 (7:20 Md. R. 1884)*
- *Administrative History: Regulation .01 amended effective August 25, 1986 (13:17 Md. R. 1923); January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .02 amended effective August 25, 1986 (13:17 Md. R. 1923); June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: Regulation .04 amended effective June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: Regulation .05 repealed effective June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: Regulation .06 amended effective June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .01 amended effective November 25, 2013 (40:23 Md. R. 1934)*
- *Administrative History: Regulation .04 amended effective November 25, 2013 (40:23 Md. R. 1934)*
- *Authority: Transportation Article, §§12-104(b) and 13-405, Annotated Code of Maryland*
##### **COMAR 11.15.09.04** Expiration of Temporary Registration. {#sec-11.15.09.04 omnilex-key=us-md-regs-official--title-11--11.15.09.04}
A. The temporary registration expires at midnight on the expiration date indicated on the temporary registration.
B. New validation tabs and a registration card shall be issued by the Administration:
(1) On receipt of a valid vehicle inspection certificate issued by an authorized Maryland inspection station certifying that the vehicle has passed a safety inspection; and
(2) Upon payment of the required fees as set forth in COMAR 11.11.05.
**History**
- *Administrative History: Effective date: July 1, 1974 (1:1 Md. R. 76)*
- *Administrative History: Chapter revised effective August 6, 1975 (2:17 Md. R. 1192)*
- *Administrative History: Chapter revised effective May 4, 1979 (6:9 Md. R. 729)*
- *Administrative History: Regulations .01, .02 and .05 amended as an emergency provision effective June 14, 1980 (7:15 Md. R. 1420); amended permanently effective October 3, 1980 (7:20 Md. R. 1884)*
- *Administrative History: Regulation .01 amended effective August 25, 1986 (13:17 Md. R. 1923); January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .02 amended effective August 25, 1986 (13:17 Md. R. 1923); June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: Regulation .04 amended effective June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: Regulation .05 repealed effective June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: Regulation .06 amended effective June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .01 amended effective November 25, 2013 (40:23 Md. R. 1934)*
- *Administrative History: Regulation .04 amended effective November 25, 2013 (40:23 Md. R. 1934)*
- *Authority: Transportation Article, §§12-104(b) and 13-405, Annotated Code of Maryland*
##### **COMAR 11.15.09.05** Repealed. {#sec-11.15.09.05 omnilex-key=us-md-regs-official--title-11--11.15.09.05}
**History**
- *Administrative History: Effective date: July 1, 1974 (1:1 Md. R. 76)*
- *Administrative History: Chapter revised effective August 6, 1975 (2:17 Md. R. 1192)*
- *Administrative History: Chapter revised effective May 4, 1979 (6:9 Md. R. 729)*
- *Administrative History: Regulations .01, .02 and .05 amended as an emergency provision effective June 14, 1980 (7:15 Md. R. 1420); amended permanently effective October 3, 1980 (7:20 Md. R. 1884)*
- *Administrative History: Regulation .01 amended effective August 25, 1986 (13:17 Md. R. 1923); January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .02 amended effective August 25, 1986 (13:17 Md. R. 1923); June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: Regulation .04 amended effective June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: Regulation .05 repealed effective June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: Regulation .06 amended effective June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .01 amended effective November 25, 2013 (40:23 Md. R. 1934)*
- *Administrative History: Regulation .04 amended effective November 25, 2013 (40:23 Md. R. 1934)*
- *Authority: Transportation Article, §§12-104(b) and 13-405, Annotated Code of Maryland*
##### **COMAR 11.15.09.06** Scope. {#sec-11.15.09.06 omnilex-key=us-md-regs-official--title-11--11.15.09.06}
The provisions of these regulations apply only to sales between persons who are not licensed dealers.
**History**
- *Administrative History: Effective date: July 1, 1974 (1:1 Md. R. 76)*
- *Administrative History: Chapter revised effective August 6, 1975 (2:17 Md. R. 1192)*
- *Administrative History: Chapter revised effective May 4, 1979 (6:9 Md. R. 729)*
- *Administrative History: Regulations .01, .02 and .05 amended as an emergency provision effective June 14, 1980 (7:15 Md. R. 1420); amended permanently effective October 3, 1980 (7:20 Md. R. 1884)*
- *Administrative History: Regulation .01 amended effective August 25, 1986 (13:17 Md. R. 1923); January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .02 amended effective August 25, 1986 (13:17 Md. R. 1923); June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: Regulation .04 amended effective June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: Regulation .05 repealed effective June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: Regulation .06 amended effective June 29, 1987 (14:13 Md. R. 1474)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective November 22, 2004 (31:23 Md. R. 1653)*
- *Administrative History: Regulation .01 amended effective November 25, 2013 (40:23 Md. R. 1934)*
- *Administrative History: Regulation .04 amended effective November 25, 2013 (40:23 Md. R. 1934)*
- *Authority: Transportation Article, §§12-104(b) and 13-405, Annotated Code of Maryland*
### **11.15.10** Amateur Radio Operator Registration Plates
##### **COMAR 11.15.10.01** Issuance of Amateur Radio Operator Registration Plates. {#sec-11.15.10.01 omnilex-key=us-md-regs-official--title-11--11.15.10.01}
A. Amateur radio vehicle registration plates shall be issued to owners of Class A passenger vehicles or Class E truck vehicles with a 1-ton or less manufacturer's rated capacity. The Administration, at its discretion, may issue Class A or Class E vehicle registration plates to applicants for amateur radio registration plates during the period of time required to manufacture the amateur radio registration plates.
B. In every instance, upon issuance of the amateur radio registration plates, the applicant shall surrender the previously issued Class A or Class E registration plates.
C. The fee for amateur radio registration plates is as set forth in COMAR 11.11.05.
**History**
- *Administrative History: Effective date: February 5, 1975 (2:3 Md. R. 154)*
- *Administrative History: Regulation .01 amended effective September 29, 1976 (3:20 Md. R. 1144);*
- *Administrative History: January 1, 1992 (18:25 Md. R. 2753); December 29, 1997 (24:26 Md. R. 1759)*
- *Authority: Transportation Article, §§12-104(b) and 13-617, Annotated Code of Maryland*
### **11.15.11** Registration Transfer
##### **COMAR 11.15.11.01** Repealed. {#sec-11.15.11.01 omnilex-key=us-md-regs-official--title-11--11.15.11.01}
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 repealed effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .02 amended effective February 17, 2014 (41:3 Md. R. 202); December 22, 2025 (52:25 Md. R. 1269)*
- *Administrative History: Regulation .02A amended effective November 13, 2000 (27:22 Md. R. 2061)*
- *Administrative History: Regulation .03 adopted effective August 3, 1981 (8:15 Md. R. 1310)*
- *Administrative History: Regulation .03 repealed effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .03 adopted effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .03 repealed effective December 22, 2025 (52:25 Md. R. 1269)*
- *Administrative History: Regulation .03 adopted effective December 22, 2025 (52:25 Md. R. 1269)*
- *Authority: Transportation Article, §§12-104(b), 13-410, 13-501, 13-502.1, and 13-503.1, Annotated Code of Maryland*
##### **COMAR 11.15.11.02** Transfer of Registration Plates. {#sec-11.15.11.02 omnilex-key=us-md-regs-official--title-11--11.15.11.02}
A. Registration plates may be transferred to a newly acquired vehicle within the same classification provided:
(1) (1) Except as provided in Transportation Article, §13-503.1(b)(5), Annotated Code of Maryland, the ownership of the newly acquired vehicle has not changed from the name in which the plates are currently issued; and
(2) The registration and transfer fee as set forth in COMAR 11.11.05.04 is paid in full.
B. Registration plates may be transferred to a newly acquired vehicle outside of the same classification provided:
(1) Except as provided in Transportation Article, §13-503.1(b)(5), Annotated Code of Maryland, the ownership of the newly acquired vehicle has not changed from the name in which the plates are currently issued;
(2) The vehicle classification of the newly acquired vehicle is class A, E, or M;
(3) The vehicle classification of the vehicle to which the plates are currently issued is class A, E, or M; and
(4) The registration and transfer fee as set forth in COMAR 11.11.05.04 is paid in full.
C. If registration plates are transferred and less than 12 months remain in the registration year, the Administration may renew the registration plates for 1 year in addition to the period remaining on the original registration term.
D. Substitute registration plates may be issued for unrecovered plates on an unrecovered stolen vehicle, provided the Administration has a record of the stolen vehicle. The substitute plates may then be transferred pursuant to this regulation.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 repealed effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .02 amended effective February 17, 2014 (41:3 Md. R. 202); December 22, 2025 (52:25 Md. R. 1269)*
- *Administrative History: Regulation .02A amended effective November 13, 2000 (27:22 Md. R. 2061)*
- *Administrative History: Regulation .03 adopted effective August 3, 1981 (8:15 Md. R. 1310)*
- *Administrative History: Regulation .03 repealed effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .03 adopted effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .03 repealed effective December 22, 2025 (52:25 Md. R. 1269)*
- *Administrative History: Regulation .03 adopted effective December 22, 2025 (52:25 Md. R. 1269)*
- *Authority: Transportation Article, §§12-104(b), 13-410, 13-501, 13-502.1, and 13-503.1, Annotated Code of Maryland*
##### **COMAR 11.15.11.03** Transfer of Registration Plates—Surviving Spouse. {#sec-11.15.11.03 omnilex-key=us-md-regs-official--title-11--11.15.11.03}
A. Registration plates may be transferred to a surviving spouse upon completion of a title transfer pursuant to COMAR 11.15.14.05.
B. The Administration shall not impose a tag transfer fee if the vehicle is being transferred to a surviving spouse.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 repealed effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .02 amended effective February 17, 2014 (41:3 Md. R. 202); December 22, 2025 (52:25 Md. R. 1269)*
- *Administrative History: Regulation .02A amended effective November 13, 2000 (27:22 Md. R. 2061)*
- *Administrative History: Regulation .03 adopted effective August 3, 1981 (8:15 Md. R. 1310)*
- *Administrative History: Regulation .03 repealed effective September 16, 1991 (18:18 Md. R. 2006)*
- *Administrative History: Regulation .03 adopted effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .03 repealed effective December 22, 2025 (52:25 Md. R. 1269)*
- *Administrative History: Regulation .03 adopted effective December 22, 2025 (52:25 Md. R. 1269)*
- *Authority: Transportation Article, §§12-104(b), 13-410, 13-501, 13-502.1, and 13-503.1, Annotated Code of Maryland*
### **11.15.12** Titling and Multiyear Registration for Fleet Vehicles
##### **COMAR 11.15.12.01** Purpose. {#sec-11.15.12.01 omnilex-key=us-md-regs-official--title-11--11.15.12.01}
The purpose of this chapter is to establish regulations to govern the issuance of titles and multiyear registrations for fleet vehicles.
**History**
- *Administrative History: Effective date: July 21, 1976 (3:15 Md. R. 791)*
- *Administrative History: Regulation .01, Multi-Year Registration for Trailers and Semitrailers, repealed and Regulations .01—.05, Multiyear Registration for Fleet Vehicles, adopted effective February 13, 1995 (22:3 Md. R. 155)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05, Multiyear Registration for Fleet Vehicles repealed and new Regulations .01—.06, Titling and Multiyear Registration for Fleet Vehicles, adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Authority: Transportation Article, §§12-104, 13-405, 13-413, and 13-502.1, Annotated Code of Maryland*
##### **COMAR 11.15.12.02** Definitions. {#sec-11.15.12.02 omnilex-key=us-md-regs-official--title-11--11.15.12.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Administrator” means the Administrator of the Motor Vehicle Administration.
(3) “Fleet” means 10 or more vehicles.
(4) “Multiyear registration period” means a period of up to 4 years.
(5) “Owner” means a person, or persons, in whose name, or names, a vehicle is properly registered.
**History**
- *Administrative History: Effective date: July 21, 1976 (3:15 Md. R. 791)*
- *Administrative History: Regulation .01, Multi-Year Registration for Trailers and Semitrailers, repealed and Regulations .01—.05, Multiyear Registration for Fleet Vehicles, adopted effective February 13, 1995 (22:3 Md. R. 155)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05, Multiyear Registration for Fleet Vehicles repealed and new Regulations .01—.06, Titling and Multiyear Registration for Fleet Vehicles, adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Authority: Transportation Article, §§12-104, 13-405, 13-413, and 13-502.1, Annotated Code of Maryland*
##### **COMAR 11.15.12.03** Title Process. {#sec-11.15.12.03 omnilex-key=us-md-regs-official--title-11--11.15.12.03}
A. The owner of fleet vehicles may apply electronically for a Maryland title.
B. All paperwork and fees shall be submitted to the Administration within 5 days of submission of the electronic title application.
C. The Administration may suspend the fleet registration privileges of any owner who does not submit the paperwork and fees within 5 days from submission of the electronic title application.
**History**
- *Administrative History: Effective date: July 21, 1976 (3:15 Md. R. 791)*
- *Administrative History: Regulation .01, Multi-Year Registration for Trailers and Semitrailers, repealed and Regulations .01—.05, Multiyear Registration for Fleet Vehicles, adopted effective February 13, 1995 (22:3 Md. R. 155)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05, Multiyear Registration for Fleet Vehicles repealed and new Regulations .01—.06, Titling and Multiyear Registration for Fleet Vehicles, adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Authority: Transportation Article, §§12-104, 13-405, 13-413, and 13-502.1, Annotated Code of Maryland*
##### **COMAR 11.15.12.04** Temporary Authorization Certificate. {#sec-11.15.12.04 omnilex-key=us-md-regs-official--title-11--11.15.12.04}
A. A temporary authorization certificate may be obtained for a fleet vehicle upon receipt of an electronic application for title.
B. A temporary authorization certificate issued under this regulation is:
(1) Not transferable; and
(2) Not subject to a fee.
**History**
- *Administrative History: Effective date: July 21, 1976 (3:15 Md. R. 791)*
- *Administrative History: Regulation .01, Multi-Year Registration for Trailers and Semitrailers, repealed and Regulations .01—.05, Multiyear Registration for Fleet Vehicles, adopted effective February 13, 1995 (22:3 Md. R. 155)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05, Multiyear Registration for Fleet Vehicles repealed and new Regulations .01—.06, Titling and Multiyear Registration for Fleet Vehicles, adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Authority: Transportation Article, §§12-104, 13-405, 13-413, and 13-502.1, Annotated Code of Maryland*
##### **COMAR 11.15.12.05** Multiyear Registration. {#sec-11.15.12.05 omnilex-key=us-md-regs-official--title-11--11.15.12.05}
A. Fleet vehicles are eligible for a multiyear registration period.
(1) Except as provided in §§A(2) and (3) of this regulation, the owner of a fleet vehicle may renew a fleet vehicle registration for a period of 2, 3 or 4 years.
(2) The following classes of fleet vehicle registrations may be renewed for a period of 1, 2, or 3 years:
(a) Class E, trucks with a gross vehicle weight of 10,000 pounds to 54,000 pounds; and
(b) Class F, tractors with a gross vehicle weight of up to 54,000 pounds.
(3) The following classes of fleet vehicle registrations shall be renewed annually:
(a) Class E, trucks with a gross vehicle weight of 55,000 pounds or more;
(b) Class F, tractors with a gross vehicle weight of 55,000 pounds or more;
(c) Class J, van pool;
(d) Class P, passenger buses; and
(e) Class T, tow trucks.
B. The annual registration fees are as set forth in Transportation Article, Title 13, Annotated Code of Maryland.
C. Whenever a prorated fee is assessed, the amount shall be calculated by dividing the annual registration fee by the number of months for which the issuance or renewal is made.
D. If a vehicle issued a multiyear fleet registration is sold or traded:
(1) The registration plates shall be:
(a) Removed from the vehicle and returned to the Administration for cancellation; or
(b) Transferred to another vehicle as provided in Transportation Article, §13-502.1, Annotated Code of Maryland.
(2) A refund shall be issued as provided in Transportation Article, §13-413, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: July 21, 1976 (3:15 Md. R. 791)*
- *Administrative History: Regulation .01, Multi-Year Registration for Trailers and Semitrailers, repealed and Regulations .01—.05, Multiyear Registration for Fleet Vehicles, adopted effective February 13, 1995 (22:3 Md. R. 155)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05, Multiyear Registration for Fleet Vehicles repealed and new Regulations .01—.06, Titling and Multiyear Registration for Fleet Vehicles, adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Authority: Transportation Article, §§12-104, 13-405, 13-413, and 13-502.1, Annotated Code of Maryland*
##### **COMAR 11.15.12.06** Lost or Damaged Plates. {#sec-11.15.12.06 omnilex-key=us-md-regs-official--title-11--11.15.12.06}
A. The owner shall immediately notify the Administration, in writing, when any multiyear registration plates are lost or stolen.
B. When multiyear registration plates become damaged, mutilated, or illegible, the owner shall:
(1) Return the plates to the Administration;
(2) Make application for substitute plates; and
(3) Pay the required fee as set forth in COMAR 11.11.05.
**History**
- *Administrative History: Effective date: July 21, 1976 (3:15 Md. R. 791)*
- *Administrative History: Regulation .01, Multi-Year Registration for Trailers and Semitrailers, repealed and Regulations .01—.05, Multiyear Registration for Fleet Vehicles, adopted effective February 13, 1995 (22:3 Md. R. 155)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05, Multiyear Registration for Fleet Vehicles repealed and new Regulations .01—.06, Titling and Multiyear Registration for Fleet Vehicles, adopted effective October 15, 2012 (39:20 Md. R. 1307)*
- *Authority: Transportation Article, §§12-104, 13-405, 13-413, and 13-502.1, Annotated Code of Maryland*
### **11.15.13** Issuance of a Nonresident Permit
##### **COMAR 11.15.13.01** Purpose and Scope. {#sec-11.15.13.01 omnilex-key=us-md-regs-official--title-11--11.15.13.01}
A. The purpose of these regulations is to require a nonresident who temporarily occupies or maintains a dwelling in this State for a period in excess of 30 days to obtain, upon application, a nonresident permit instead of registration.
B. This chapter applies to the following:
(1) An individual who is not a resident as defined in Transportation Article, §11-149, Annotated Code of Maryland, and COMAR 11.11.06.02;
(2) An individual temporarily employed in Maryland for a period not to exceed 1 year;
(3) A nonresident who is a student enrolled in an accredited school, college, or university in this State, a bordering state, or the District of Columbia, or who is serving a medical internship in this State for a period in excess of 30 days;
(4) A member of the armed forces of the United States or of the United States Public Health Service serving on active duty in this State, an adjoining state, or the District of Columbia; or
(5) A visitor or vacationer temporarily maintaining or occupying a dwelling in this State for a period not to exceed 1 year, and maintaining a permanent dwelling in another state.
**Cross References**
11.15.13.08C
**History**
- *Administrative History: Effective date: November 3, 1978 (5:22 Md. R. 1675)*
- *Administrative History: Regulation .01 amended effective March 21, 1988 (15:6 Md. R. 741); January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .03 amended effective March 21, 1988 (15:6 Md. R. 741)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.08 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1980); emergency status extended at 20:7 Md. R. 637; emergency status expired October 8, 1993*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.07 adopted effective September 13, 1993 (20:18 Md. R. 1432)*
- *Administrative History: Regulation .08 adopted effective February 13, 1995 (22:3 Md. R. 155)*
- *Administrative History: Regulation .08D adopted effective September 22, 1997 (24:19 Md. R. 1341)*
- *Authority: Transportation Article, §§12-104(b) and 13-402.1, Annotated Code of Maryland*
##### **COMAR 11.15.13.02** Certification of Nonresidency. {#sec-11.15.13.02 omnilex-key=us-md-regs-official--title-11--11.15.13.02}
A. An applicant applying for a nonresident permit under this chapter shall provide proof satisfactory to the Administration of the applicant's nonresident status.
B. Proof of Nonresidency.
(1) An applicant temporarily employed in Maryland shall provide a letter on company letterhead from the applicant's employer indicating the length of the applicant's employment in Maryland.
(2) An applicant who is a student shall provide:
(a) Valid student identification; or
(b) A college registration receipt indicating current enrollment.
(3) An applicant who is a member of the armed forces of the United States shall provide:
(a) A valid U.S. military identification card; or
(b) Written verification from the applicant's commanding officer.
(4) An applicant visiting or vacationing in Maryland shall provide a written statement setting forth the reason and length of stay in Maryland.
**Cross References**
11.15.13.07B
11.15.13.07C
11.15.13.07D
**History**
- *Administrative History: Effective date: November 3, 1978 (5:22 Md. R. 1675)*
- *Administrative History: Regulation .01 amended effective March 21, 1988 (15:6 Md. R. 741); January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .03 amended effective March 21, 1988 (15:6 Md. R. 741)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.08 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1980); emergency status extended at 20:7 Md. R. 637; emergency status expired October 8, 1993*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.07 adopted effective September 13, 1993 (20:18 Md. R. 1432)*
- *Administrative History: Regulation .08 adopted effective February 13, 1995 (22:3 Md. R. 155)*
- *Administrative History: Regulation .08D adopted effective September 22, 1997 (24:19 Md. R. 1341)*
- *Authority: Transportation Article, §§12-104(b) and 13-402.1, Annotated Code of Maryland*
##### **COMAR 11.15.13.03** Evidence of Required Security. {#sec-11.15.13.03 omnilex-key=us-md-regs-official--title-11--11.15.13.03}
An applicant shall provide proof that the vehicle for which the permit is to be issued is covered by the minimum amount of vehicle liability insurance required by Transportation Article, §17-103, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: November 3, 1978 (5:22 Md. R. 1675)*
- *Administrative History: Regulation .01 amended effective March 21, 1988 (15:6 Md. R. 741); January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .03 amended effective March 21, 1988 (15:6 Md. R. 741)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.08 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1980); emergency status extended at 20:7 Md. R. 637; emergency status expired October 8, 1993*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.07 adopted effective September 13, 1993 (20:18 Md. R. 1432)*
- *Administrative History: Regulation .08 adopted effective February 13, 1995 (22:3 Md. R. 155)*
- *Administrative History: Regulation .08D adopted effective September 22, 1997 (24:19 Md. R. 1341)*
- *Authority: Transportation Article, §§12-104(b) and 13-402.1, Annotated Code of Maryland*
##### **COMAR 11.15.13.04** Fees. {#sec-11.15.13.04 omnilex-key=us-md-regs-official--title-11--11.15.13.04}
A nonrefundable fee as set forth in COMAR 11.11.05 shall be assessed each time new or substitute nonresident permits are issued or renewed. This fee may not be prorated.
**Cross References**
11.15.13.08D
**History**
- *Administrative History: Effective date: November 3, 1978 (5:22 Md. R. 1675)*
- *Administrative History: Regulation .01 amended effective March 21, 1988 (15:6 Md. R. 741); January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .03 amended effective March 21, 1988 (15:6 Md. R. 741)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.08 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1980); emergency status extended at 20:7 Md. R. 637; emergency status expired October 8, 1993*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.07 adopted effective September 13, 1993 (20:18 Md. R. 1432)*
- *Administrative History: Regulation .08 adopted effective February 13, 1995 (22:3 Md. R. 155)*
- *Administrative History: Regulation .08D adopted effective September 22, 1997 (24:19 Md. R. 1341)*
- *Authority: Transportation Article, §§12-104(b) and 13-402.1, Annotated Code of Maryland*
##### **COMAR 11.15.13.05** Placement of Permit. {#sec-11.15.13.05 omnilex-key=us-md-regs-official--title-11--11.15.13.05}
A. Upon receipt of the nonresident permit, the applicant shall affix the sticker to the inside of the front windshield in the lower right corner within a 7-inch square of the corner.
B. On trailers, motorcycles, and any vehicle without a windshield, the nonresident permit shall be affixed in a position on the vehicle that is readily visible.
**History**
- *Administrative History: Effective date: November 3, 1978 (5:22 Md. R. 1675)*
- *Administrative History: Regulation .01 amended effective March 21, 1988 (15:6 Md. R. 741); January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .03 amended effective March 21, 1988 (15:6 Md. R. 741)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.08 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1980); emergency status extended at 20:7 Md. R. 637; emergency status expired October 8, 1993*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.07 adopted effective September 13, 1993 (20:18 Md. R. 1432)*
- *Administrative History: Regulation .08 adopted effective February 13, 1995 (22:3 Md. R. 155)*
- *Administrative History: Regulation .08D adopted effective September 22, 1997 (24:19 Md. R. 1341)*
- *Authority: Transportation Article, §§12-104(b) and 13-402.1, Annotated Code of Maryland*
##### **COMAR 11.15.13.06** Nonresident Registration. {#sec-11.15.13.06 omnilex-key=us-md-regs-official--title-11--11.15.13.06}
The registration issued with the permit shall be kept with the vehicle and exhibited upon demand to any law enforcement personnel.
**History**
- *Administrative History: Effective date: November 3, 1978 (5:22 Md. R. 1675)*
- *Administrative History: Regulation .01 amended effective March 21, 1988 (15:6 Md. R. 741); January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .03 amended effective March 21, 1988 (15:6 Md. R. 741)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.08 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1980); emergency status extended at 20:7 Md. R. 637; emergency status expired October 8, 1993*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.07 adopted effective September 13, 1993 (20:18 Md. R. 1432)*
- *Administrative History: Regulation .08 adopted effective February 13, 1995 (22:3 Md. R. 155)*
- *Administrative History: Regulation .08D adopted effective September 22, 1997 (24:19 Md. R. 1341)*
- *Authority: Transportation Article, §§12-104(b) and 13-402.1, Annotated Code of Maryland*
##### **COMAR 11.15.13.07** Expiration and Renewal of Nonresident Permit. {#sec-11.15.13.07 omnilex-key=us-md-regs-official--title-11--11.15.13.07}
A. A nonresident permit issued under Regulation .02B(1) and (4) of this chapter expires within 1 year of the issuance of the original permit and may not be renewed or reissued.
B. A nonresident permit issued under Regulation .02B(2) of this chapter expires annually, but may be renewed if otherwise eligible under Transportation Article, §13-402.1(d), Annotated Code of Maryland.
C. A nonresident permit issued under Regulation .02B(3) of this chapter may be renewed if the registration plates of the vehicle to which it is issued are valid.
D. A nonresident permit issued under Regulation .02B(4) of this chapter is valid for a period not to exceed 6 months in any 1 calendar year.
E. Upon expiration of the permit, the applicant shall apply for:
(1) Maryland registration; or
(2) A second nonresident permit if the:
(a) Vehicle for which it is issued displays current registration plates certified by the owner's state or country, and
(b) Applicant is eligible for a renewal under this regulation and Transportation Article, §13-402.1, Annotated Code of Maryland.
**Cross References**
11.15.13.08C
**History**
- *Administrative History: Effective date: November 3, 1978 (5:22 Md. R. 1675)*
- *Administrative History: Regulation .01 amended effective March 21, 1988 (15:6 Md. R. 741); January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .03 amended effective March 21, 1988 (15:6 Md. R. 741)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.08 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1980); emergency status extended at 20:7 Md. R. 637; emergency status expired October 8, 1993*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.07 adopted effective September 13, 1993 (20:18 Md. R. 1432)*
- *Administrative History: Regulation .08 adopted effective February 13, 1995 (22:3 Md. R. 155)*
- *Administrative History: Regulation .08D adopted effective September 22, 1997 (24:19 Md. R. 1341)*
- *Authority: Transportation Article, §§12-104(b) and 13-402.1, Annotated Code of Maryland*
##### **COMAR 11.15.13.08** Issuance of a Nonresident Permit by an Agent. {#sec-11.15.13.08 omnilex-key=us-md-regs-official--title-11--11.15.13.08}
A. The Administration may designate agents to issue nonresident permits.
B. An agent shall be a:
(1) Maryland-accredited school, college, or university;
(2) County government, as defined in COMAR 11.15.18.01; or
(3) Municipality.
C. Agents issuing nonresident permits shall ensure that applicants comply with the provisions of Regulations .01—.07 of this chapter.
D. In addition to the fee set forth in Regulation .04 of this chapter, agents may collect and retain a fee not to exceed $4 to offset any expenses incurred in issuing nonresident permits.
**History**
- *Administrative History: Effective date: November 3, 1978 (5:22 Md. R. 1675)*
- *Administrative History: Regulation .01 amended effective March 21, 1988 (15:6 Md. R. 741); January 1, 1992 (18:25 Md. R. 2753)*
- *Administrative History: Regulation .03 amended effective March 21, 1988 (15:6 Md. R. 741)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.08 adopted as an emergency provision effective October 13, 1992 (19:22 Md. R. 1980); emergency status extended at 20:7 Md. R. 637; emergency status expired October 8, 1993*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.07 adopted effective September 13, 1993 (20:18 Md. R. 1432)*
- *Administrative History: Regulation .08 adopted effective February 13, 1995 (22:3 Md. R. 155)*
- *Administrative History: Regulation .08D adopted effective September 22, 1997 (24:19 Md. R. 1341)*
- *Authority: Transportation Article, §§12-104(b) and 13-402.1, Annotated Code of Maryland*
### **11.15.14** Certificates of Title
##### **COMAR 11.15.14.01** Purpose. {#sec-11.15.14.01 omnilex-key=us-md-regs-official--title-11--11.15.14.01}
The purpose of this chapter is to specify the documents and information needed for the Administration to issue a certificate of title for a vehicle and to clarify the Administration's policy regarding the refusal to issue a certificate of title for a vehicle if an applicant fails to furnish certain information or documents required by statute or regulation for the following title transaction types:
A. New vehicles;
B. Used vehicles sold by a dealer;
C. Used vehicles sold or transferred from someone other than a dealer;
D. Used vehicles titled in the applicant's name in another jurisdiction and now being titled in Maryland;
E. Vehicles being titled as a result of a repossession;
F. Vehicles being titled as a result of a mechanic's lien;
G. Vehicles being titled as the result of a sheriff's sale;
H. Vehicles being titled by a court order;
I. Reconstructed vehicles;
J. Glider kits and kit cars;
K. Homemade trailers; and
L. Kit trailers.
**History**
- *Administrative History: Effective date: March 11, 1996 (23:5 Md. R. 380)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .03A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .04A amended effective March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .04A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .05 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .07A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .10B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .11A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .12A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .13A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .14A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .15 adopted effective July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .15 amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Authority: Transportation Article, §§12-104(b), 13-106, and 13-110, Annotated Code of Maryland*
##### **COMAR 11.15.14.02** Definitions. {#sec-11.15.14.02 omnilex-key=us-md-regs-official--title-11--11.15.14.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Applicant” means the person requesting a certificate of title for a vehicle.
(3) “ASED” means the Automotive Safety Enforcement Division of the Department of State Police.
(4) “Bill of sale” means a written statement certifying the:
(a) Ownership of something has been transferred; and
(b) Exchange of property for an agreed sum of money or other valuable consideration.
(5) Certificate of Title.
(a) “Certificate of title” means a document or electronic record evidencing ownership and commonly associated with motor vehicles.
(b) “Certificate of title” does not include a salvage certificate.
(6) “Dealer” has the meaning stated in Transportation Article, §11-111, Annotated Code of Maryland.
(7) “Vehicle” has the meaning stated in Transportation Article, §11-176, Annotated Code of Maryland.
(8) “Vehicle identification number (VIN)” has the meaning stated in Transportation Article, §11-177, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: March 11, 1996 (23:5 Md. R. 380)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .03A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .04A amended effective March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .04A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .05 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .07A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .10B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .11A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .12A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .13A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .14A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .15 adopted effective July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .15 amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Authority: Transportation Article, §§12-104(b), 13-106, and 13-110, Annotated Code of Maryland*
##### **COMAR 11.15.14.03** New Vehicles. {#sec-11.15.14.03 omnilex-key=us-md-regs-official--title-11--11.15.14.03}
A. An applicant for a certificate of title for a new vehicle shall provide the Administration with:
(1) A certificate of origin;
(2) A completed application for a certificate of title;
(3) A dealer's reassignment or reassignments;
(4) A dealer's bill of sale; and
(5) An odometer disclosure certification as required by COMAR 11.13.06.
B. Instead of a dealer's bill of sale, Maryland dealers may complete the purchase price certification on an application for a certificate of title or a dealer's reassignment.
C. The Administration shall refuse to issue a certificate of title if:
(1) The required documents are not furnished or the information is incomplete;
(2) The seller's or applicant's signature is signed by an individual to whom power of attorney is granted and the writing granting the power of attorney is not furnished;
(3) The applicant is a trust and the trust agreement naming the trust and designating the trustee or trustees is not furnished;
(4) A transaction involves a bankruptcy and a copy of the court appointment for the bankruptcy trustee is not furnished;
(5) A transaction involves a legal dependent and a copy of a court appointment for the legal guardian is not furnished;
(6) An error or alteration in the documents furnished has occurred and a letter of explanation or certified statement does not clarify the error or alteration to the satisfaction of the Administration;
(7) The lien holder to be recorded is someone other than a dealer or bona fide lending institution and a lien contract is not furnished;
(8) The vehicle is an unrecovered stolen vehicle and a letter from the insurance company requesting issuance of a title in order to satisfy the claim is not furnished;
(9) Certain documents are lost or omitted and the applicant fails to furnish:
(a) A letter of indemnification which is subject to the approval of the Administration; and
(b) Photocopies of lost documents;
(10) The owner or purchaser is deceased and the personal representative, legatee, distributee, legal heir, or surviving spouse has not provided as required:
(a) Letters of administration/testamentary;
(b) A legal heir form; or
(c) A death certificate;
(11) For a mobile home, a receipt from the Compliance Division of the Comptroller of the Treasury, which shows that the retail sales tax has been paid on a mobile home, is not furnished;
(12) The vehicle is an import and the following documents are not furnished:
(a) One of the following:
(i) Appropriate U.S. Customs forms; or
(ii) If imported by a member of the U.S. military, Form DD788 or DD1252, and a copy of military orders or a Maryland driver's license; and
(b) If the vehicle does not comply with U.S. Department of Transportation or U.S. Environmental Protection Agency requirements:
(i) Receipts for conversion work, or
(ii) A bond release letter;
(13) The applicant has requested a replacement VIN but has not:
(a) Furnished an application for an assigned VIN; or
(b) Had a VIN inspection completed by an authorized police officer in this State;
(14) The vehicle is a two-stage vehicle and both certificates of origin are not presented; or
(15) The vehicle is purchased directly from a manufacturer and an invoice is not presented.
**History**
- *Administrative History: Effective date: March 11, 1996 (23:5 Md. R. 380)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .03A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .04A amended effective March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .04A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .05 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .07A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .10B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .11A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .12A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .13A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .14A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .15 adopted effective July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .15 amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Authority: Transportation Article, §§12-104(b), 13-106, and 13-110, Annotated Code of Maryland*
##### **COMAR 11.15.14.04** Used Vehicles Sold by a Dealer. {#sec-11.15.14.04 omnilex-key=us-md-regs-official--title-11--11.15.14.04}
A. An applicant for a certificate of title to be issued for a used vehicle sold by a dealer shall provide the Administration with:
(1) A properly assigned certificate of title or other acceptable ownership document or electronic record from the jurisdiction in which the vehicle was last registered;
(2) A completed application for a certificate of title;
(3) A dealer's reassignment or reassignments;
(4) A dealer's bill of sale;
(5) Except for §C(14) of this regulation, a Maryland safety inspection certificate; and
(6) An odometer disclosure certification as required by COMAR 11.13.06.
B. Instead of a dealer's bill of sale, Maryland dealers may complete the purchase price certification on the application for a certificate of title or dealer's reassignment.
C. The Administration shall refuse to issue a certificate of title if:
(1) The required documents are not furnished or the information is incomplete;
(2) The seller's or applicant's signature is signed by an individual to whom power of attorney is granted and the writing granting the power of attorney is not furnished;
(3) The applicant is a trust and the trust agreement naming the trust and designating the trustee or trustees is not furnished;
(4) A transaction involves a bankruptcy and a copy of the court appointment for the bankruptcy trustee is not furnished;
(5) A transaction involves a legal dependent and a copy of a court appointment for the legal guardian is not furnished;
(6) An error or alteration in the documents furnished has occurred and a letter of explanation or certified statement does not clarify the error oralteration to the satisfaction of the Administration;
(7) The lien holder to be recorded is someone other than a dealer or bona fide lending institution and a lien contract is not furnished;
(8) The vehicle is an unrecovered stolen vehicle and a letter from the insurance company requesting issuance of a title in order to satisfy the claim is not furnished;
(9) Certain documents are lost or omitted and the applicant fails to furnish:
(a) A letter of indemnification which is subject to the approval of the Administration; and
(b) Photocopies of the lost documents;
(10) The owner or purchaser is deceased and the personal representative, legatee, distributee, legal heir, or surviving spouse has not provided:
(a) Letters of administration/testamentary;
(b) A legal heir form; or
(c) A death certificate;
(11) For a mobile home, a receipt from the Compliance Division of the Comptroller of the Treasury, which shows that the retail sales tax has been paid on a mobile home sold before January 1, 1989, is not furnished;
(12) The vehicle is an import and the following documents are not furnished:
(a) One of the following:
(i) Appropriate U.S. Customs forms; or
(ii) If imported by a member of the U.S. military, Form DD788 or DD1252, and a copy of military orders or a Maryland driver's license; and
(b) If the vehicle does not comply with U.S. Department of Transportation or U.S. Environmental Protection Agency requirements:
(i) Receipts for conversion work; or
(ii) A bond release letter;
(13) The vehicle was subject to a security interest and a proper termination statement is not furnished:
(a) On a Maryland Notice of Security Interest Filing form;
(b) On a title;
(c) On a letter on the lien holder's letterhead; or
(d) By electronic transmission from an approved vendor;
(14) Except for trucks with a gross vehicle weight of 1 ton or more, truck tractors, and freight trailers, which Maryland dealers may sell without an inspection, the vehicle was sold by a Maryland dealer and the:
(a) Vehicle's most current safety inspection is over 6 months old;
(b) Vehicle has traveled more than 1,000 miles since the inspection certificate was issued; or
(c) Vehicle was sold uninspected for dismantling or rebuilding and the dealer has not furnished a statement to indicate that the vehicle was sold for dismantling or rebuilding;
(15) The ownership document is a salvage certificate from this State or another state and the inspection by a police officer in this State who is authorized to inspect salvage vehicles has not been furnished;
(16) The applicant has requested a replacement VIN but has not:
(a) Furnished an application for an assigned VIN; or
(b) Had a VIN inspection completed by an authorized police officer in this State; or
(17) The ownership document is a salvage certificate branded “Not Rebuildable — Parts Only — Not To Be Retitled”.
**History**
- *Administrative History: Effective date: March 11, 1996 (23:5 Md. R. 380)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .03A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .04A amended effective March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .04A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .05 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .07A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .10B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .11A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .12A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .13A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .14A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .15 adopted effective July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .15 amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Authority: Transportation Article, §§12-104(b), 13-106, and 13-110, Annotated Code of Maryland*
##### **COMAR 11.15.14.05** Used Vehicles Sold or Transferred from Someone Other Than a Dealer. {#sec-11.15.14.05 omnilex-key=us-md-regs-official--title-11--11.15.14.05}
A. An applicant for a certificate of title for a used vehicle transferred from someone other than a dealer shall provide the Administration with a:
(1) Properly assigned certificate of title or other ownership document or electronic record acceptable to the Administration from the jurisdiction in which the vehicle was last registered; and
(2) Completed application for a certificate of title.
B. The Administration shall refuse to issue a certificate of title if:
(1) The required documents are not furnished or the information is incomplete;
(2) The seller's or applicant's signature is signed by an individual to whom power of attorney is granted and the writing granting the power of attorney is not furnished;
(3) The applicant is a trust and the trust agreement naming the trust and designating the trustee or trustees is not furnished;
(4) A transaction involves a bankruptcy and a copy of the court appointment for the bankruptcy trustee is not furnished;
(5) A transaction involves a legal dependent and a copy of a court appointment for the legal guardian is not furnished;
(6) An error or alteration in the documents furnished has occurred and a letter of explanation or certified statements does not clarify the error or alteration to the satisfaction of the Administration;
(7) The lien holder to be recorded is someone other than a dealer or bona fide lending institution and a lien contract is not furnished;
(8) The vehicle is an unrecovered stolen vehicle and a letter from the insurance company requesting issuance of a title in order to satisfy the claim is not furnished;
(9) Certain documents are lost or omitted and the applicant fails to furnish:
(a) A letter of indemnification which is subject to the approval of the Administration; and
(b) Photocopies of lost documents;
(10) The owner or purchaser is deceased and the personal representative, legatee, distributee, legal heir, or surviving spouse has not provided as required:
(a) Letters of administration/testamentary;
(b) A legal heir form; or
(c) A death certificate;
(11) For a mobile home, a receipt from the Compliance Division of the Comptroller of the Treasury, which shows that the retail sales tax has been paid on a mobile home sold before January 1, 1989, is not furnished;
(12) The vehicle is an import and the following documents are not furnished:
(a) One of the following:
(i) Appropriate U.S. Customs forms; or
(ii) If imported by a member of the U.S. military, Form DD788 or DD1252, and a copy of military orders or a Maryland driver's license; and
(b) If the vehicle does not comply with U.S. Department of Transportation or U.S. Environmental Protection Agency requirements:
(i) Receipts for conversion work, or
(ii) A bond release letter;
(13) The vehicle was subject to a security interest and a proper termination statement is not furnished:
(a) On a Maryland Notice of Security Interest Filing form;
(b) On a title;
(c) On a letter on the lien holder's letterhead; or
(d) By electronic transmission from an approved vendor;
(14) The ownership document is a salvage certificate from this State or another state and the inspection by a police officer in this State who is authorized to inspect salvage vehicles has not been furnished;
(15) The applicant has requested a replacement VIN but has not:
(a) Furnished an application for an assigned VIN; or
(b) Had a VIN inspection completed by an authorized police officer in this State;
(16) The ownership document is a salvage certificate branded “Not Rebuildable — Parts Only — Not To Be Retitled”;
(17) The vehicle is less than 7 years old and the applicant:
(a) Did not furnish a notarized bill of sale; and
(b) Refuses to pay excise tax based on the greater of the purchase price or the book value of the vehicle;
(18) The purchase price on the title is left blank and the applicant fails to produce a bill of sale;
(19) The assignment of ownership is signed by the seller, but:
(a) The space provided for the purchaser's name is left blank; and
(b) A bill of sale is not furnished;
(20) A Maryland titled vehicle is transferred as a gift between family members and the applicant fails to furnish a:
(a) Gift certification form; and
(b) Proof of relationship certification;
(21) A vehicle with an open lien is transferred as a gift between a parent and child, and the transferor and transferee fail to furnish a statement signed by both parties, identifying the individual who:
(a) Paid the down payment;
(b) Paid the taxes;
(c) Made all previous payments; and
(d) Incurred the obligation for continued payment; or
(22) The vehicle is transferred as a result of a divorce and the divorce decree is not furnished.
**Cross References**
11.15.11.03A
**History**
- *Administrative History: Effective date: March 11, 1996 (23:5 Md. R. 380)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .03A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .04A amended effective March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .04A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .05 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .07A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .10B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .11A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .12A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .13A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .14A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .15 adopted effective July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .15 amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Authority: Transportation Article, §§12-104(b), 13-106, and 13-110, Annotated Code of Maryland*
##### **COMAR 11.15.14.06** Used Vehicles Transferred from Another Jurisdiction to Maryland. {#sec-11.15.14.06 omnilex-key=us-md-regs-official--title-11--11.15.14.06}
A. An applicant for a certificate of title for a used vehicle presently titled in the applicant's name in another jurisdiction and who is now applying for a Maryland certificate of title shall provide the Administration with an:
(1) Out-of-State title or other acceptable ownership document or electronic record from the jurisdiction where the vehicle was last registered; and
(2) Application for a Maryland certificate of title.
B. The Administration shall refuse to issue a certificate of title if:
(1) The required documents and information are not submitted or are not complete;
(2) The out-of-State title or other acceptable ownership document or electronic record is held by a lien holder and the lien holder refuses to relinquish the title or other ownership document to the Administration;
(3) The ownership document presented to the Administration is a:
(a) Nonnegotiable title; or
(b) Memorandum title;
(4) The application for a certificate of title is signed by an individual to whom power of attorney is granted and the writing granting the power of attorney is not furnished;
(5) The application is signed by a legal guardian and the court appointment is not furnished;
(6) The applicant's name has changed through marriage, divorce, court order, or other method and a change of name and address notice and proof of the name change such as a marriage certificate, divorce decree, or court order is not furnished;
(7) The vehicle previously had a salvage certificate issued in this State or another state and a VIN inspection has not been completed by a police officer of this State authorized to inspect salvage vehicles;
(8) The vehicle was previously salvaged in this State or another state and has been branded “Parts Only — Not Rebuildable”;
(9) The vehicle is an import and the following documents are not furnished:
(a) One of the following:
(i) Appropriate U.S. Customs forms; or
(ii) If imported by a member of the U.S. military, Form DD788 or DD1252, and a copy of military orders or a Maryland driver's license; and
(b) If the vehicle does not comply with U.S. Department of Transportation or U.S. Environmental Protection Agency requirements:
(i) Receipts for conversion work, or
(ii) A bond release letter;
(10) The applicant has requested a replacement VIN but has not:
(a) Furnished an application for an assigned VIN number; or
(b) Had a VIN inspection completed by an authorized police officer in this State;
(11) An error or alteration in the documents furnished has occurred and a letter of explanation or certified statement does not clarify the error to the satisfaction of the Administration;
(12) Certain documents are lost or omitted and the applicant fails to furnish:
(a) A letter of indemnification subject to the approval of the Administration; and
(b) Photocopies of lost documents; or
(13) The ownership document is a salvage certificate branded “Not Rebuildable — Parts Only — Not to be Retitled”, or with an equivalent term.
**History**
- *Administrative History: Effective date: March 11, 1996 (23:5 Md. R. 380)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .03A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .04A amended effective March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .04A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .05 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .07A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .10B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .11A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .12A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .13A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .14A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .15 adopted effective July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .15 amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Authority: Transportation Article, §§12-104(b), 13-106, and 13-110, Annotated Code of Maryland*
##### **COMAR 11.15.14.07** Vehicles Being Titled Because of Repossessions. {#sec-11.15.14.07 omnilex-key=us-md-regs-official--title-11--11.15.14.07}
A. An applicant for a certificate of title for a vehicle which has been repossessed shall provide the Administration with:
(1) A Notice of Security Interest Filing form;
(2) An out-of-State title or other ownership document acceptable to the Administration;
(3) A certification of repossession;
(4) An assignment of ownership or bill of sale;
(5) An odometer disclosure certification as required by COMAR 11.13.06;
(6) A condition report; and
(7) An application for a certificate of title.
B. The Administration shall refuse to issue a certificate of title if the:
(1) Required documents are not furnished or information is incomplete;
(2) Lien holder was a dealer or someone other than a bona fide lending institution and a clear copy of the lien contract is not furnished;
(3) Lien holder was not holding first position and a previous lien holder has not been released;
(4) Vehicle was not titled in the debtor's name and the lien holder cannot furnish a copy of the contract;
(5) Vehicle is titled in Maryland, but the security interest has not been perfected and the applicant cannot furnish a copy of a contract;
(6) Applicant is not the secured party shown on the title and cannot furnish an assignment of lien;
(7) Applicant is a dealer but the lien contract does not state that the dealer has full recourse for the secured party named in the contract;
(8) Vehicle was titled out of State and the forms required by that state for repossession have not been furnished; or
(9) Lien contract does not contain:
(a) The signature of all vehicle owners;
(b) A full description of the vehicle; and
(c) A notation of the security interest.
**History**
- *Administrative History: Effective date: March 11, 1996 (23:5 Md. R. 380)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .03A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .04A amended effective March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .04A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .05 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .07A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .10B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .11A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .12A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .13A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .14A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .15 adopted effective July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .15 amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Authority: Transportation Article, §§12-104(b), 13-106, and 13-110, Annotated Code of Maryland*
##### **COMAR 11.15.14.08** Vehicles Being Titled Because of Mechanic's Lien. {#sec-11.15.14.08 omnilex-key=us-md-regs-official--title-11--11.15.14.08}
A. An applicant for a certificate of title for a vehicle being titled due to a mechanic's lien shall provide the Administration with:
(1) A completed application for a certificate of title;
(2) A certification by the garage owner or the person having the lien, including the odometer disclosure as required by COMAR 11.13.06 on a form provided by the Administration;
(3) A certification on a form provided by the Administration by the auctioneer that the auction was held in compliance with Commercial Law Article, Title 16, Annotated Code of Maryland;
(4) A digital photograph of the VIN;
(5) A certification that a newspaper advertisement has run once a week for the 2 consecutive weeks immediately preceding the sale, in a newspaper of general circulation in the county or city where the sale is to be held, with the last advertisement appearing the week immediately preceding the sale;
(6) A copy of the newspaper advertisement required by §A(5) of this regulation;
(7) A storage or repair order as specified in Commercial Law Article, §14-1008, Annotated Code of Maryland, containing an affirmative request by the vehicle owner for the repair services or storage services requested or, if applicable, a written statement from the lienor that the lienor stored the vehicle in accordance with an agreement with an insurer;
(8) Proof that notice was provided to the individual who left the vehicle for repairs, the vehicle owner, the lien holders, and the Administration by submitting:
(a) Signed receipts for a certified or registered letter in a format prescribed by the Administration;
(b) Unopened, undeliverable certified or registered letter or letters; or
(c) Proof from the United States Postal Service of delivery or a refusal to sign receipt for a certified or registered letter;
(9) The national vehicle history report.
(10) If issued, a copy of the lienholder notice required by Commercial Law Article, §16-203, Annotated Code of Maryland, and proof that the notice was sent via registered or certified mail.
B. The Administration shall refuse to issue a certificate of title if:
(1) The required documents or information are not furnished or are incomplete;
(2) The address on the returned, unopened certified or registered letter or letters sent to the vehicle owner, individual who left the vehicle for repairs, or lien holder is different from the Administration's most current records;
(3) The provided national vehicle history report shows that the vehicle was stolen and the reporting police agency has not issued a recover report;
(4) There is a discrepancy or alteration in the paperwork and the letter of explanation or certified statements do not clarify the discrepancy to the satisfaction of the Administration;
(5) The signatures on the submitted documents or the application are signed by an individual to whom power of attorney is granted and the writing granting the power of attorney is not furnished;
(6) A notarized bill of sale is not submitted and the customer refuses to pay the excise tax on the greater of the book value or the purchase price;
(7) The digital photograph VIN is illegible;
(8) The vehicle was not advertised in a newspaper as specified in §A(5) of this regulation;
(9) The vehicle description by year, make, and VIN in the newspaper advertisement is different than in the supporting documents furnished;
(10) The newspaper advertisement does not contain the time, date, place of auction, and description of the vehicle by year, make, and VIN;
(11) The vehicle was previously salvaged in this State or another state and the applicant fails to furnish a certification by a police officer in this State who is authorized to inspect salvage vehicles;
(12) The vehicle was previously salvaged in this State or another state, with a brand reflecting “Not Rebuildable — Parts Only — Not To Be Retitled” or an equivalent brand;
(13) The Administration has been notified that action in accordance with Commercial Law Article, §16-206, Annotated Code of Maryland, is being taken and that the Administration has received notification of the action before the close of the business day following the action; or
(14) The Administration requested the mechanic lienor send a post-auction notice to the individual who left the vehicle for repairs, the vehicle owner or lien holder and the mechanic lienor did not send the requested notice or did not provide proof of notice as specified in §A(8) of this regulation.
**History**
- *Administrative History: Effective date: March 11, 1996 (23:5 Md. R. 380)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .03A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .04A amended effective March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .04A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .05 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .07A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .10B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .11A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .12A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .13A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .14A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .15 adopted effective July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .15 amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Authority: Transportation Article, §§12-104(b), 13-106, and 13-110, Annotated Code of Maryland*
##### **COMAR 11.15.14.09** Vehicles Being Titled Due to a Sheriff's Sale. {#sec-11.15.14.09 omnilex-key=us-md-regs-official--title-11--11.15.14.09}
A. An applicant for a title for a vehicle being titled due to a sheriff's sale shall provide the Administration with:
(1) A court order or writ directing the sale;
(2) An application for a certificate of title;
(3) A copy of the required newspaper advertisement; and
(4) A bill of sale from a sheriff.
B. The Administration shall refuse to issue a certificate of title if:
(1) The required documents are not furnished or the information is incomplete;
(2) The application for certificate of title is signed by an individual to whom power of attorney is granted and the writing granting the power of attorney is not furnished;
(3) The applicant is a trust and the trust agreement naming the trust and designating the trustee or trustees is not furnished;
(4) A transaction involves a bankruptcy and a copy of the court appointment for the bankruptcy trustee is not furnished;
(5) A transaction involves a legal dependent and a copy of a court appointment for the legal guardian is not furnished;
(6) The documents furnished contain an error or alteration and letters of explanation or certified statements do not clarify the errors or alterations to the satisfaction of the Administration;
(7) The lien holder to be recorded is someone other than a dealer or bona fide lending institution and a lien contract is not furnished;
(8) The vehicle is an unrecovered stolen vehicle and a letter from the insurance company requesting issuance of a title in order to satisfy the claim is not furnished;
(9) Certain documents are lost or omitted and the applicant fails to furnish:
(a) A letter of indemnification which is subject to the approval of the Administration; and
(b) Photocopies of lost documents;
(10) The owner or purchaser is deceased and the personal representative, legatee, distributee, legal heir, or surviving spouse has not provided as required:
(a) Letters of administration/testamentary;
(b) A legal heir form; or
(c) A death certificate;
(11) For a mobile home, a receipt from the Compliance Division of the Comptroller of the Treasury, which shows that the retail sales tax has been paid on a used mobile home sold before January 1, 1989, is not furnished;
(12) The applicant has requested a replacement VIN but has not:
(a) Furnished an application for an assigned VIN; or
(b) Had a VIN inspection completed by an authorized police officer in this State;
(13) The previous ownership document was a salvage certificate and the inspection by a police officer in this State who is authorized to inspect salvage vehicles is not furnished; or
(14) A security interest termination statement for liens on the previous Maryland title record is not furnished.
**History**
- *Administrative History: Effective date: March 11, 1996 (23:5 Md. R. 380)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .03A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .04A amended effective March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .04A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .05 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .07A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .10B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .11A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .12A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .13A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .14A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .15 adopted effective July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .15 amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Authority: Transportation Article, §§12-104(b), 13-106, and 13-110, Annotated Code of Maryland*
##### **COMAR 11.15.14.10** Vehicles Being Titled Because of Court Orders. {#sec-11.15.14.10 omnilex-key=us-md-regs-official--title-11--11.15.14.10}
A. An applicant for a title for a vehicle being titled as a result of a court order shall provide the Administration with:
(1) An application for a certificate of title; and
(2) A writ of mandamus or show cause order.
B. The Administration shall refuse to issue a certificate of title if:
(1) The court order does not clearly indicate that the Administration is to take the ordered action;
(2) A lien shows on the previous Maryland record and a security interest termination statement for each lien is not furnished;
(3) The vehicle is not fully described by year, make, and VIN;
(4) A salvage certificate has been previously issued in this State or another state and an inspection from a police officer in this State authorized to inspect salvage vehicles is not furnished; or
(5) A salvage certificate had been previously issued containing the brand “Not Rebuildable — Parts Only — Not To Be Retitled” or an equivalent term.
**History**
- *Administrative History: Effective date: March 11, 1996 (23:5 Md. R. 380)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .03A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .04A amended effective March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .04A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .05 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .07A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .10B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .11A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .12A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .13A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .14A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .15 adopted effective July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .15 amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Authority: Transportation Article, §§12-104(b), 13-106, and 13-110, Annotated Code of Maryland*
##### **COMAR 11.15.14.11** Reconstructed Vehicles. {#sec-11.15.14.11 omnilex-key=us-md-regs-official--title-11--11.15.14.11}
A. An applicant for a certificate of title for a reconstructed vehicle shall provide the Administration with:
(1) An application for a certificate of title;
(2) An application for an assigned VIN;
(3) A certificate of title for the frame;
(4) A bill of sale or a copy of the title for the body;
(5) Receipts for parts and labor used to reconstruct the vehicle; and
(6) A garage inspection by an authorized police officer in this State.
B. The Administration shall refuse to issue a certificate of title if:
(1) The required documents are not furnished or the information is incomplete;
(2) A title for a vehicle less than 7 years old is being assigned to the applicant and the applicant:
(a) Does not furnish a notarized bill of sale; and
(b) Refuses to pay excise tax on the book value of the vehicle;
(3) An individual bringing the vehicle to the Administration for a garage inspection by the ASED does not furnish a power of attorney authorizing the individual to sign for the applicant;
(4) The garage inspection reveals stolen parts; or
(5) A security interest termination statement has not been furnished for each lien shown on the Administration's records.
**History**
- *Administrative History: Effective date: March 11, 1996 (23:5 Md. R. 380)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .03A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .04A amended effective March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .04A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .05 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .07A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .10B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .11A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .12A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .13A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .14A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .15 adopted effective July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .15 amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Authority: Transportation Article, §§12-104(b), 13-106, and 13-110, Annotated Code of Maryland*
##### **COMAR 11.15.14.12** Glider Kits and Kit Cars. {#sec-11.15.14.12 omnilex-key=us-md-regs-official--title-11--11.15.14.12}
A. An applicant for a certificate of title for a vehicle constructed from a glider kit or a car kit shall provide the Administration with:
(1) An application for a certificate of title;
(2) A certificate of origin for the kit;
(3) A bill of sale for the kit;
(4) A title for the frame;
(5) Bills of sale or receipts for all parts and labor;
(6) An application for an assigned VIN; and
(7) A garage inspection at the Administration or, in the case of a glider kit, a certified statement that the vehicle was assembled by a Maryland licensed dealer or repair shop.
B. The Administration shall refuse to issue a certificate of title if:
(1) The required documents are not furnished or the information is incomplete;
(2) The individual bringing the vehicle to the Administration garage is not the applicant and cannot furnish a power of attorney authorizing the individual to sign for the applicant;
(3) The garage inspection reveals stolen parts;
(4) The application is being processed at a branch office of the Administration, and a statement certifying that the glider kit has been assembled by a Maryland licensed dealer or repair shop is not furnished;
(5) A security interest termination statement has not been furnished for each lien shown on record; or
(6) A title for a vehicle less than 7 years old is being assigned to the applicant and the applicant:
(a) Does not furnish a notarized bill of sale; and
(b) Refuses to pay excise tax on the greater of the book value or the purchase price of the vehicle.
**History**
- *Administrative History: Effective date: March 11, 1996 (23:5 Md. R. 380)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .03A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .04A amended effective March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .04A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .05 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .07A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .10B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .11A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .12A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .13A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .14A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .15 adopted effective July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .15 amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Authority: Transportation Article, §§12-104(b), 13-106, and 13-110, Annotated Code of Maryland*
##### **COMAR 11.15.14.13** Homemade Trailers. {#sec-11.15.14.13 omnilex-key=us-md-regs-official--title-11--11.15.14.13}
A. An applicant for a certificate of title for a homemade trailer shall provide the Administration with:
(1) A rear view and a side view photograph of the trailer;
(2) Receipts for the parts used to build the trailer;
(3) A certified statement listing the parts used to construct the trailer and the total value of the trailer;
(4) An application for an assigned VIN; and
(5) An application for a certificate of title.
B. The Administration shall refuse to issue a certificate of title if the:
(1) Required documents or information are not furnished or are incomplete;
(2) Trailer is other than a boat, utility, or camping trailer which:
(a) Weighs 10,000 pounds or less; and
(b) Has not had an inspection completed by an authorized police officer in this State; or
(3) Homemade trailer was previously issued a Maryland-assigned VIN, and the:
(a) Maryland-assigned VIN has been lost; or
(b) Owner refuses to have the vehicle inspected by an authorized police officer in this State.
**History**
- *Administrative History: Effective date: March 11, 1996 (23:5 Md. R. 380)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .03A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .04A amended effective March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .04A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .05 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .07A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .10B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .11A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .12A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .13A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .14A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .15 adopted effective July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .15 amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Authority: Transportation Article, §§12-104(b), 13-106, and 13-110, Annotated Code of Maryland*
##### **COMAR 11.15.14.14** Kit Trailer. {#sec-11.15.14.14 omnilex-key=us-md-regs-official--title-11--11.15.14.14}
A. An applicant for a certificate of title for a kit trailer shall provide the Administration with:
(1) A certificate of origin;
(2) An application for a certificate of title; and
(3) A bill of sale or receipt.
B. The Administration shall refuse to issue a title if the:
(1) Required documents and information are not furnished or are incomplete; or
(2) Applicant's signature is signed by an individual to whom power of attorney is granted and the power of attorney is not furnished.
**History**
- *Administrative History: Effective date: March 11, 1996 (23:5 Md. R. 380)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .03A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .04A amended effective March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .04A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .05 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .07A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .10B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .11A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .12A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .13A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .14A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .15 adopted effective July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .15 amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Authority: Transportation Article, §§12-104(b), 13-106, and 13-110, Annotated Code of Maryland*
##### **COMAR 11.15.14.15** Vehicle Titled by Survivor When Co-owner is Deceased. {#sec-11.15.14.15 omnilex-key=us-md-regs-official--title-11--11.15.14.15}
A. A joint tenant or joint tenants applying for a certificate of title by right of survivorship shall provide the Administration with:
(1) If the Maryland Department of Health has not made electronic notification to the Administration of the deceased, a certified death certificate for the deceased co-owner;
(2) A completed application for certificate of title; and
(3) The title from the Administration bearing the names of the decedent and the applicant or applicants as co-owners.
B. The Administration shall refuse to issue a title if the:
(1) Required documents and information are not furnished or are incomplete; or
(2) Applicant's signature is signed by an individual to whom power of attorney is granted and the power of attorney is not furnished.
**History**
- *Administrative History: Effective date: March 11, 1996 (23:5 Md. R. 380)*
- *Administrative History: Regulation .02B amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .03A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .04A amended effective March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .04A, C amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .05 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .06 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .07A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .08 amended effective December 21, 2015 (42:25 Md. R. 1545); March 16, 2026 (53:5 Md. R 244)*
- *Administrative History: Regulation .09B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .10B amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .11A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .12A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .13A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .14A amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Administrative History: Regulation .15 adopted effective July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .15 amended effective December 21, 2015 (42:25 Md. R. 1545)*
- *Authority: Transportation Article, §§12-104(b), 13-106, and 13-110, Annotated Code of Maryland*
### **11.15.15** Issuance of Chesapeake Bay Commemorative Plates
##### **COMAR 11.15.15.01** Issuance of Chesapeake Bay Commemorative Plates — Repealed. {#sec-11.15.15.01 omnilex-key=us-md-regs-official--title-11--11.15.15.01}
**History**
- *Administrative History: Effective date: November 7, 1983 (10:22 Md. R. 1967)*
- *Administrative History: Chapter, Issuance of Maryland 350th Anniversary Plates, repealed effective December 2, 1985 (12:24 Md. R. 2350)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.03, Issuance of Chesapeake Bay Commemorative Plates, adopted effective February 4, 1991 (18:2 Md. R. 150)*
- *Administrative History: Regulation .01 repealed effective July 30, 2018 (45:15 Md. R. 724)*
- *Administrative History: Regulation .01B amended effective January 16, 1995 (22:1 Md. R. 20); September 22, 1997 (24:9 Md. R. 1341); November 5, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .01C amended effective January 16, 1995 (22:1 Md. R. 20)*
- *Administrative History: Regulation .01E amended effective January 1, 1992 (18:25 Md. R. 2754); January 16, 1995 (22:1 Md. R. 20)*
- *Administrative History: Regulation .01F amended effective January 16, 1995 (22:1 Md. R. 20); September 22, 1997 (24:19 Md. R. 1341); April 16, 2001 (28:7 Md. R. 691); November 11, 2002 (29:22 Md. R. 1721); November 5, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .02 amended effective March 16, 2026 (53:5 Md. R. 244)*
- *Administrative History: Regulation .02A amended effective January 16, 1995 (22:1 Md. R. 20); May 10, 2004 (31:9 Md. R. 713); July 30, 2018 (45:15 Md. R. 724)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 724)*
- *Authority: Transportation Article, §§12-104(b) and 13-618, Annotated Code of Maryland*
##### **COMAR 11.15.15.02** Distribution of Funds. {#sec-11.15.15.02 omnilex-key=us-md-regs-official--title-11--11.15.15.02}
A. Pursuant to Transportation Article, §13-618, Annotated Code of Maryland, the fees in §B of this regulation shall be distributed equally between the Motor Vehicle Administration and the Chesapeake Bay Trust.
B. Chesapeake Bay registration plate fees is as follows:
(1) For original Chesapeake Bay registration plates, the fee as set in COMAR 11.11.05.04(A)(3)(a); and
(2) For the renewal of Chesapeake Bay registration plates, the fee as set in COMAR 11.11.05.04(A)(3)(b).
C. Money collected through the sale of Chesapeake Bay Commemorative Plates and due to the Chesapeake Bay Trust shall be transferred monthly to the Trust.
**History**
- *Administrative History: Effective date: November 7, 1983 (10:22 Md. R. 1967)*
- *Administrative History: Chapter, Issuance of Maryland 350th Anniversary Plates, repealed effective December 2, 1985 (12:24 Md. R. 2350)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.03, Issuance of Chesapeake Bay Commemorative Plates, adopted effective February 4, 1991 (18:2 Md. R. 150)*
- *Administrative History: Regulation .01 repealed effective July 30, 2018 (45:15 Md. R. 724)*
- *Administrative History: Regulation .01B amended effective January 16, 1995 (22:1 Md. R. 20); September 22, 1997 (24:9 Md. R. 1341); November 5, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .01C amended effective January 16, 1995 (22:1 Md. R. 20)*
- *Administrative History: Regulation .01E amended effective January 1, 1992 (18:25 Md. R. 2754); January 16, 1995 (22:1 Md. R. 20)*
- *Administrative History: Regulation .01F amended effective January 16, 1995 (22:1 Md. R. 20); September 22, 1997 (24:19 Md. R. 1341); April 16, 2001 (28:7 Md. R. 691); November 11, 2002 (29:22 Md. R. 1721); November 5, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .02 amended effective March 16, 2026 (53:5 Md. R. 244)*
- *Administrative History: Regulation .02A amended effective January 16, 1995 (22:1 Md. R. 20); May 10, 2004 (31:9 Md. R. 713); July 30, 2018 (45:15 Md. R. 724)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 724)*
- *Authority: Transportation Article, §§12-104(b) and 13-618, Annotated Code of Maryland*
### **11.15.16** Issuance, Renewal, Display, and Expiration of Registrations
##### **COMAR 11.15.16.01** Issuance and Renewal of Registration. {#sec-11.15.16.01 omnilex-key=us-md-regs-official--title-11--11.15.16.01}
A. The owner of a vehicle subject to registration under the Transportation Article, Annotated Code of Maryland, shall apply to the Administration for the registration of the vehicle in the manner that the Administration requires. On approval by the Administration and after payment of all applicable fees, the Administration shall issue a new registration card, plates, and validation sticker.
B. The owner of a vehicle for which registration is to be renewed shall apply for renewal of the registration in the manner that the Administration requires. On approval by the Administration and after payment of all applicable fees, the Administration shall grant the registration renewal and issue a new registration card and validation sticker.
C. Notwithstanding any provisions of Transportation Article, §§13-104 and 13-403, Annotated Code of Maryland, the renewal of electronically processed registrations does not require a signature.
D. The owner of a vehicle requesting replacement plates or validation sticker, or a duplicate or additional registration card shall apply in the manner that the Administration requires, and pay all applicable fees set forth in COMAR 11.11.05.04.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01 and .02 under COMAR 11.15.16, Expiration and Renewal of Registrations, adopted as an emergency provision effective July 1, 1985 (12:14 Md. R. 1428); emergency status expired January 31, 1986*
- *Administrative History: Regulations .01—.04 adopted as an emergency provision effective February 1, 1986 (13:3 Md. R. 269); adopted permanently effective February 24, 1986 (13:4 Md. R. 396)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732); February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .01-1 adopted effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .01-1 amended effective February 18, 2002 (29:3 Md. R. 222); January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .01-1A, B amended effective March 18, 2013 (40:5 Md. R. 412)*
- *Administrative History: Regulation .02 amended effective May 16, 1988 (15:10 Md. R. 1202); May 20, 1996 (23:10 Md. R. 732); December 10, 2001 (28:24 Md. R. 2130)*
- *Administrative History: Regulation .01-1D repealed effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .02 amended effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .02E amended effective November 6, 2006 (33:22 Md. R. 1733); August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .03 amended effective July 8, 1991 (18:13 Md. R. 1483); May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .03 amended effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .04 amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .04A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .04B amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: Regulation .05 adopted as an emergency provision effective July 1, 1992 (19:15 Md. R. 1385); adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)*
- *Administrative History: Regulation .05 amended effective November 6, 2006 (33:22 Md. R. 1733); February 3, 2025 (52:2 Md. R. 68)*
- *Administrative History: Regulation .05A amended effective October 3, 2011 (38:20 Md. R. 1203)*
- *Administrative History: Regulation .05B, C amended effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .05D amended effective March 18, 2013 (40:5 Md. R. 412)*
- *Authority: Transportation Article, §§12-104(b), 13-410, 13-412, and 13-413, Annotated Code of Maryland*
##### **COMAR 11.15.16.01-1** Temporary Authorization Certificate. {#sec-11.15.16.01-1 omnilex-key=us-md-regs-official--title-11--11.15.16.01-1}
A. Issuance.
(1) The Administration may issue a temporary authorization certificate permitting a vehicle to be driven:
(a) Pending the issuance of current validation stickers; or
(b) For a recognized event approved by the Administration.
(2) The temporary authorization certificate shall be issued for a period not to exceed 15 days.
(3) A temporary authorization certificate is not transferrable and may not be used on a vehicle other than the one to which it was issued.
(4) A service fee may be charged for the issuance of a temporary authorization certificate.
B. The manufacturer, distributor, or dealer of a vehicle may apply to the Administration for the issuance of a temporary authorization certificate for the purpose of permitting a vehicle to be driven for a recognized event approved by the Administration.
C. The owner of a vehicle which is due for registration renewal may apply for renewal of the registration and obtain a temporary authorization certificate.
**Cross References**
11.15.16.03
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01 and .02 under COMAR 11.15.16, Expiration and Renewal of Registrations, adopted as an emergency provision effective July 1, 1985 (12:14 Md. R. 1428); emergency status expired January 31, 1986*
- *Administrative History: Regulations .01—.04 adopted as an emergency provision effective February 1, 1986 (13:3 Md. R. 269); adopted permanently effective February 24, 1986 (13:4 Md. R. 396)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732); February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .01-1 adopted effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .01-1 amended effective February 18, 2002 (29:3 Md. R. 222); January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .01-1A, B amended effective March 18, 2013 (40:5 Md. R. 412)*
- *Administrative History: Regulation .02 amended effective May 16, 1988 (15:10 Md. R. 1202); May 20, 1996 (23:10 Md. R. 732); December 10, 2001 (28:24 Md. R. 2130)*
- *Administrative History: Regulation .01-1D repealed effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .02 amended effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .02E amended effective November 6, 2006 (33:22 Md. R. 1733); August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .03 amended effective July 8, 1991 (18:13 Md. R. 1483); May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .03 amended effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .04 amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .04A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .04B amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: Regulation .05 adopted as an emergency provision effective July 1, 1992 (19:15 Md. R. 1385); adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)*
- *Administrative History: Regulation .05 amended effective November 6, 2006 (33:22 Md. R. 1733); February 3, 2025 (52:2 Md. R. 68)*
- *Administrative History: Regulation .05A amended effective October 3, 2011 (38:20 Md. R. 1203)*
- *Administrative History: Regulation .05B, C amended effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .05D amended effective March 18, 2013 (40:5 Md. R. 412)*
- *Authority: Transportation Article, §§12-104(b), 13-410, 13-412, and 13-413, Annotated Code of Maryland*
##### **COMAR 11.15.16.02** Display of Registration Cards, Temporary Authorization Certificates, Registration Plates, County Stickers and Validation Stickers. {#sec-11.15.16.02 omnilex-key=us-md-regs-official--title-11--11.15.16.02}
A. Each registration card or temporary authorization certificate shall be carried:
(1) In the vehicle to which it refers; or
(2) By the individual driving or in control of the vehicle.
B. Registration Plates and Validation Stickers.
(1) Registration plates shall be affixed to the vehicle as prescribed under Transportation Article, §13-411.
(2) Except as provided under §B(3) of this regulation, validation stickers shall be displayed on the rear registration plate on or before the expiration date of the registration.
(3) Validation stickers for Class F vehicles shall be displayed on the front registration plate.
C. Issuance.
(1) Validation stickers or a temporary authorization certificate may be issued as evidence of payment of the annual registration fee of the vehicle.
(2) Separate validation stickers may be issued to indicate the month of expiration and the year of expiration.
(3) Upon subsequent renewals, a validation sticker for only the year of expiration may be issued.
(4) A temporary authorization certificate may be issued pending issuance of a validation sticker for the registration year.
D. The Administration shall provide for the manufacture and issuance of new registration plates, which:
(1) Shall be issued and displayed in the manner specified by the Administration; and
(2) May be validated as provided in §C of this regulation.
E. County Sticker.
(1) The owner of a class vehicle specified in Transportation Article, §13-410, Annotated Code of Maryland, may display on a registration plate the name of the county in which the owner resides.
(2) The owner of a vehicle may obtain a county sticker that is approved and offered by the Administration.
(3) A county sticker shall be:
(a) Displayed on the rear registration plate in the manner specified by the Administration;
(b) Issued only in the name of the county in which the vehicle owner resides; and
(c) Displayed only on the vehicle for which it was issued.
(4) A county sticker may not be displayed on special or commemorative registration plates.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01 and .02 under COMAR 11.15.16, Expiration and Renewal of Registrations, adopted as an emergency provision effective July 1, 1985 (12:14 Md. R. 1428); emergency status expired January 31, 1986*
- *Administrative History: Regulations .01—.04 adopted as an emergency provision effective February 1, 1986 (13:3 Md. R. 269); adopted permanently effective February 24, 1986 (13:4 Md. R. 396)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732); February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .01-1 adopted effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .01-1 amended effective February 18, 2002 (29:3 Md. R. 222); January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .01-1A, B amended effective March 18, 2013 (40:5 Md. R. 412)*
- *Administrative History: Regulation .02 amended effective May 16, 1988 (15:10 Md. R. 1202); May 20, 1996 (23:10 Md. R. 732); December 10, 2001 (28:24 Md. R. 2130)*
- *Administrative History: Regulation .01-1D repealed effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .02 amended effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .02E amended effective November 6, 2006 (33:22 Md. R. 1733); August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .03 amended effective July 8, 1991 (18:13 Md. R. 1483); May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .03 amended effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .04 amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .04A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .04B amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: Regulation .05 adopted as an emergency provision effective July 1, 1992 (19:15 Md. R. 1385); adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)*
- *Administrative History: Regulation .05 amended effective November 6, 2006 (33:22 Md. R. 1733); February 3, 2025 (52:2 Md. R. 68)*
- *Administrative History: Regulation .05A amended effective October 3, 2011 (38:20 Md. R. 1203)*
- *Administrative History: Regulation .05B, C amended effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .05D amended effective March 18, 2013 (40:5 Md. R. 412)*
- *Authority: Transportation Article, §§12-104(b), 13-410, 13-412, and 13-413, Annotated Code of Maryland*
##### **COMAR 11.15.16.03** Expiration of Registration. {#sec-11.15.16.03 omnilex-key=us-md-regs-official--title-11--11.15.16.03}
Except as provided in Regulation .01-1 of this chapter, unless validation stickers have been issued by the Administration and are properly displayed on the registration plates, the registration and registration plates expire at midnight on the expiration date indicated on the registration card issued by the Administration.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01 and .02 under COMAR 11.15.16, Expiration and Renewal of Registrations, adopted as an emergency provision effective July 1, 1985 (12:14 Md. R. 1428); emergency status expired January 31, 1986*
- *Administrative History: Regulations .01—.04 adopted as an emergency provision effective February 1, 1986 (13:3 Md. R. 269); adopted permanently effective February 24, 1986 (13:4 Md. R. 396)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732); February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .01-1 adopted effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .01-1 amended effective February 18, 2002 (29:3 Md. R. 222); January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .01-1A, B amended effective March 18, 2013 (40:5 Md. R. 412)*
- *Administrative History: Regulation .02 amended effective May 16, 1988 (15:10 Md. R. 1202); May 20, 1996 (23:10 Md. R. 732); December 10, 2001 (28:24 Md. R. 2130)*
- *Administrative History: Regulation .01-1D repealed effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .02 amended effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .02E amended effective November 6, 2006 (33:22 Md. R. 1733); August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .03 amended effective July 8, 1991 (18:13 Md. R. 1483); May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .03 amended effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .04 amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .04A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .04B amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: Regulation .05 adopted as an emergency provision effective July 1, 1992 (19:15 Md. R. 1385); adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)*
- *Administrative History: Regulation .05 amended effective November 6, 2006 (33:22 Md. R. 1733); February 3, 2025 (52:2 Md. R. 68)*
- *Administrative History: Regulation .05A amended effective October 3, 2011 (38:20 Md. R. 1203)*
- *Administrative History: Regulation .05B, C amended effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .05D amended effective March 18, 2013 (40:5 Md. R. 412)*
- *Authority: Transportation Article, §§12-104(b), 13-410, 13-412, and 13-413, Annotated Code of Maryland*
##### **COMAR 11.15.16.04** Proration of Registration Fee for Part of Registration Year. {#sec-11.15.16.04 omnilex-key=us-md-regs-official--title-11--11.15.16.04}
A. “Registration year” means a 12-month period beginning the month in which the vehicle is entered into the staggered system of registration by the Administration or in which the vehicle is first titled by the Administration or in which a special interchangeable registration is first issued by the Administration.
B. Except as otherwise provided, the annual registration fees specified by the Administration in COMAR 11.11.05 are for the entire 12 months of the registration year.
C. If the registration of a vehicle is issued on or before the last day of the sixth month of the registration year for that class of vehicle, the full annual registration fee shall be paid.
D. If the registration of a vehicle is issued on or after the first day of the seventh month of the registration year for that class of vehicle, only one-half of the annual registration shall be paid.
E. If the registration of a commercial vehicle in excess of 26,000 pounds is issued for a period of less than the full annual registration year, the registration fee to be paid shall be one quarter of the annual registration fee multiplied by the number of quarters remaining in the registration year including the quarter within which the registration takes effect.
F. Notwithstanding §§B, C, D, and E of this regulation, under a staggered system of registration, the Administration, at its discretion, may reschedule the monthly volumes of registration renewals by applying different expiration dates and prorating fees accordingly.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01 and .02 under COMAR 11.15.16, Expiration and Renewal of Registrations, adopted as an emergency provision effective July 1, 1985 (12:14 Md. R. 1428); emergency status expired January 31, 1986*
- *Administrative History: Regulations .01—.04 adopted as an emergency provision effective February 1, 1986 (13:3 Md. R. 269); adopted permanently effective February 24, 1986 (13:4 Md. R. 396)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732); February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .01-1 adopted effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .01-1 amended effective February 18, 2002 (29:3 Md. R. 222); January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .01-1A, B amended effective March 18, 2013 (40:5 Md. R. 412)*
- *Administrative History: Regulation .02 amended effective May 16, 1988 (15:10 Md. R. 1202); May 20, 1996 (23:10 Md. R. 732); December 10, 2001 (28:24 Md. R. 2130)*
- *Administrative History: Regulation .01-1D repealed effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .02 amended effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .02E amended effective November 6, 2006 (33:22 Md. R. 1733); August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .03 amended effective July 8, 1991 (18:13 Md. R. 1483); May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .03 amended effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .04 amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .04A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .04B amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: Regulation .05 adopted as an emergency provision effective July 1, 1992 (19:15 Md. R. 1385); adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)*
- *Administrative History: Regulation .05 amended effective November 6, 2006 (33:22 Md. R. 1733); February 3, 2025 (52:2 Md. R. 68)*
- *Administrative History: Regulation .05A amended effective October 3, 2011 (38:20 Md. R. 1203)*
- *Administrative History: Regulation .05B, C amended effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .05D amended effective March 18, 2013 (40:5 Md. R. 412)*
- *Authority: Transportation Article, §§12-104(b), 13-410, 13-412, and 13-413, Annotated Code of Maryland*
##### **COMAR 11.15.16.05** Multi-Year Registrations — Staggered Classes. {#sec-11.15.16.05 omnilex-key=us-md-regs-official--title-11--11.15.16.05}
A. Each new vehicle registration plate issued in conjunction with the titling of a vehicle or a registration renewal shall be for a period not to exceed 3 years, unless otherwise approved by the Administration.
B. Registration renewals shall be due on or before the last day of the month stated on the registration card.
C. Refund of Registration Fees.
(1) If a registration issued under this regulation is cancelled before the beginning of the start of a new registration year, the Administration shall refund the fees paid for any unused registration year.
(2) The Administration may not process a refund if the registration is flagged or suspended until the flag is released and or the suspension is withdrawn.
(3) A refund may not be processed if the registration plates and stickers are not returned to the Administration.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01 and .02 under COMAR 11.15.16, Expiration and Renewal of Registrations, adopted as an emergency provision effective July 1, 1985 (12:14 Md. R. 1428); emergency status expired January 31, 1986*
- *Administrative History: Regulations .01—.04 adopted as an emergency provision effective February 1, 1986 (13:3 Md. R. 269); adopted permanently effective February 24, 1986 (13:4 Md. R. 396)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732); February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .01-1 adopted effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .01-1 amended effective February 18, 2002 (29:3 Md. R. 222); January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .01-1A, B amended effective March 18, 2013 (40:5 Md. R. 412)*
- *Administrative History: Regulation .02 amended effective May 16, 1988 (15:10 Md. R. 1202); May 20, 1996 (23:10 Md. R. 732); December 10, 2001 (28:24 Md. R. 2130)*
- *Administrative History: Regulation .01-1D repealed effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .02 amended effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .02E amended effective November 6, 2006 (33:22 Md. R. 1733); August 29, 2016 (43:17 Md. R. 955)*
- *Administrative History: Regulation .03 amended effective July 8, 1991 (18:13 Md. R. 1483); May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .03 amended effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .04 amended effective July 8, 1991 (18:13 Md. R. 1483)*
- *Administrative History: Regulation .04A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .04B amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: Regulation .05 adopted as an emergency provision effective July 1, 1992 (19:15 Md. R. 1385); adopted permanently effective December 21, 1992 (19:25 Md. R. 2207)*
- *Administrative History: Regulation .05 amended effective November 6, 2006 (33:22 Md. R. 1733); February 3, 2025 (52:2 Md. R. 68)*
- *Administrative History: Regulation .05A amended effective October 3, 2011 (38:20 Md. R. 1203)*
- *Administrative History: Regulation .05B, C amended effective February 17, 2014 (41:3 Md. R. 202)*
- *Administrative History: Regulation .05D amended effective March 18, 2013 (40:5 Md. R. 412)*
- *Authority: Transportation Article, §§12-104(b), 13-410, 13-412, and 13-413, Annotated Code of Maryland*
##### **COMAR 11.15.17** Staggered System of Registration [Repealed] {#sec-11.15.17 omnilex-key=us-md-regs-official--title-11--11.15.17}
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.04 adopted as an emergency provision effective February 1, 1986 (13:3 Md. R. 269); adopted permanently effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .01 amended effective July 22, 1991 (18:14 Md. R. 1610); November 6, 2006 (Md. R. 1733)*
- *Administrative History: Regulation .02 amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .04A and C amended effective July 22, 1991 (18:14 Md. R. 1610)*
- *Administrative History: Regulation .04 repealed effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.03 repealed effective February 17, 2014 (41:3 Md. R. 202)*
##### **COMAR 11.15.18.01** State Agency or Political Subdivision as Agent for Administration. {#sec-11.15.18.01 omnilex-key=us-md-regs-official--title-11--11.15.18.01}
A. A State agency or political subdivision may act as the agent of the Administration in the registration of vehicles and in the issuance of registration plates, registration cards, and validation stickers.
B. A State agency or political subdivision shall adhere to the regulations contained in this chapter while acting as agent for the Administration in the issuance of registration plates, registration cards, and validation stickers.
C. Location Approval.
(1) Each State agency or political subdivision who acts as an agent for the Administration shall request prior approval of the location from which the issuance of registration plates, registration cards, and validation stickers shall be made.
(2) The Administration shall review and approve the location selected in order to ensure the ability to serve the public efficiently and effectively and to contain automated equipment for processing transactions.
(3) The State agency or political subdivision shall provide the Administration with the name of the supervisor in charge of the location or the name of the manager in charge of the program and update the names as necessary.
**Cross References**
11.15.13.08B(2)
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.03 adopted as an emergency provision effective September 11, 1985 (12:20 Md. R. 1921); adopted permanently effective January 1, 1986 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .01 amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Administrative History: Regulation .02 amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Administrative History: Regulation .03 amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Authority: Transportation Article, §§12-104(b) and 13-404, Annotated Code of Maryland*
##### **COMAR 11.15.18.02** Issuance of Validation Stickers, Registration Cards, and Registration Plates. {#sec-11.15.18.02 omnilex-key=us-md-regs-official--title-11--11.15.18.02}
A. The Administration shall provide procedures for the issuance of registration plates, registration cards, and validation stickers by State agencies or political subdivisions to each State agency or political subdivision acting as an agent of the Administration. These procedures shall contain detailed processing and accounting requirements to be followed by each State agency or political subdivision.
B. Except as provided in Regulation .03 of this chapter, all fees collected from the issuance of registration plates, registration cards, and validation stickers shall be transmitted to the Administration.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.03 adopted as an emergency provision effective September 11, 1985 (12:20 Md. R. 1921); adopted permanently effective January 1, 1986 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .01 amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Administrative History: Regulation .02 amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Administrative History: Regulation .03 amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Authority: Transportation Article, §§12-104(b) and 13-404, Annotated Code of Maryland*
##### **COMAR 11.15.18.03** Fees. {#sec-11.15.18.03 omnilex-key=us-md-regs-official--title-11--11.15.18.03}
A. Each State agency or political subdivision shall collect the fee specified on the registration application and an additional $1 fee for each transaction issued by it, of which 50 cents of each $1 collected shall be submitted to the Administration to offset administrative expenses incurred by the Administration. The remaining 50 cents of each $1 fee collected shall be retained by the State agency or political subdivision.
B. Each State agency or political subdivision may collect and retain an additional fee not to exceed $1 for each transaction issued by it to offset expenses incurred by the State agency or political subdivision in administering the program.
**Cross References**
11.15.18.02B
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.03 adopted as an emergency provision effective September 11, 1985 (12:20 Md. R. 1921); adopted permanently effective January 1, 1986 (12:26 Md. R. 2545)*
- *Administrative History: Regulation .01 amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Administrative History: Regulation .02 amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Administrative History: Regulation .03 amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Authority: Transportation Article, §§12-104(b) and 13-404, Annotated Code of Maryland*
##### **COMAR 11.15.19.01** Eligible Classes of Vehicles — Repealed. {#sec-11.15.19.01 omnilex-key=us-md-regs-official--title-11--11.15.19.01}
**History**
- *Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 547)*
- *Administrative History: Regulation .01 amended effective July 20, 1992 (19:14 Md. R. 1284); May 6, 1996 (23:9 Md. R. 671); December 29, 1997 (24:26 Md. R. 1759)*
- *Administrative History: Regulation .01 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02 amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective July 9, 1990 (17:13 Md. R. 1612); June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .02D amended effective April 6, 2009 (36:7 Md. R. 526)*
- *Administrative History: Regulation .03 amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .03A, C amended, F adopted effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .03C, F amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .03F amended effective June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .04 amended effective July 20, 1992 (19:14 Md. R. 1284); October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: Regulation .05C amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .06A amended effective July 9, 1990 (17:13 Md. R. 1612); July 20, 1992 (19:14 Md. R. 1284); March 13, 2006 (33:5 Md. R. 520); July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .07 amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .07A amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .08 amended effective July 20, 1992 (19:14 Md. R. 1284); January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .09 amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .09A amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .10B amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Authority: Transportation Article, §§12-104(b) and 13-619, Annotated Code of Maryland*
##### **COMAR 11.15.19.02** Fees — Repealed. {#sec-11.15.19.02 omnilex-key=us-md-regs-official--title-11--11.15.19.02}
**History**
- *Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 547)*
- *Administrative History: Regulation .01 amended effective July 20, 1992 (19:14 Md. R. 1284); May 6, 1996 (23:9 Md. R. 671); December 29, 1997 (24:26 Md. R. 1759)*
- *Administrative History: Regulation .01 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02 amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective July 9, 1990 (17:13 Md. R. 1612); June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .02D amended effective April 6, 2009 (36:7 Md. R. 526)*
- *Administrative History: Regulation .03 amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .03A, C amended, F adopted effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .03C, F amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .03F amended effective June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .04 amended effective July 20, 1992 (19:14 Md. R. 1284); October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: Regulation .05C amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .06A amended effective July 9, 1990 (17:13 Md. R. 1612); July 20, 1992 (19:14 Md. R. 1284); March 13, 2006 (33:5 Md. R. 520); July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .07 amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .07A amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .08 amended effective July 20, 1992 (19:14 Md. R. 1284); January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .09 amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .09A amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .10B amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Authority: Transportation Article, §§12-104(b) and 13-619, Annotated Code of Maryland*
##### **COMAR 11.15.19.03** Special Registration Numbers and Plates. {#sec-11.15.19.03 omnilex-key=us-md-regs-official--title-11--11.15.19.03}
A. A special registration number as specified by the Administration and assigned under this chapter may consist of any combination of not more than seven letters and numerals, the name, initials, or abbreviation of the name of the organization on the bottom of the special registration plates and the official logo of the organization.
B. The special registration number assigned under this chapter shall be displayed on the registration plates for the vehicle. The Administration shall determine the basic configuration of the special registration number, using the special registration plate scheme requested by the organization as guidance.
C. An organization that has had special registration plates without a logo issued under Transportation Article, §13-619, Annotated Code of Maryland, may request the issuance of new special registration plates with its logo. However, once this request has been approved, all existing nonlogo special registration plates related to the organization in the Administration’s stock shall be destroyed. A member of an organization who previously was issued special nonlogo plates which were subsequently lost, stolen, or mutilated, shall be issued only new special plates with the logo selected by the organization, upon payment of the additional fee as set forth in COMAR 11.11.05.
D. Use of the name, initials or abbreviation of the organization on the bottom of the special registration plates shall be in the sole discretion of the Administration and, if permitted, may not be all initials or a name of more than 25 characters, including spaces.
E. Once a selection of the special registration plate scheme (logo/nonlogo) has been made, it is permanent and may not be changed.
F. A nonprofit organization requesting special registration plates with the nonprofit organization’s official logo shall submit camera-ready artwork of the logo which meets the Administration’s specifications. In addition, the:
(1) Size of the logo may not exceed 2 1/2 inches wide by 3 1/2 inches long;
(2) Logo may not contain more than four colors; and
(3) Logo artwork submitted shall be in a form acceptable to the Administration.
**History**
- *Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 547)*
- *Administrative History: Regulation .01 amended effective July 20, 1992 (19:14 Md. R. 1284); May 6, 1996 (23:9 Md. R. 671); December 29, 1997 (24:26 Md. R. 1759)*
- *Administrative History: Regulation .01 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02 amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective July 9, 1990 (17:13 Md. R. 1612); June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .02D amended effective April 6, 2009 (36:7 Md. R. 526)*
- *Administrative History: Regulation .03 amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .03A, C amended, F adopted effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .03C, F amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .03F amended effective June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .04 amended effective July 20, 1992 (19:14 Md. R. 1284); October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: Regulation .05C amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .06A amended effective July 9, 1990 (17:13 Md. R. 1612); July 20, 1992 (19:14 Md. R. 1284); March 13, 2006 (33:5 Md. R. 520); July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .07 amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .07A amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .08 amended effective July 20, 1992 (19:14 Md. R. 1284); January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .09 amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .09A amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .10B amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Authority: Transportation Article, §§12-104(b) and 13-619, Annotated Code of Maryland*
##### **COMAR 11.15.19.04** Organization Requirements. {#sec-11.15.19.04 omnilex-key=us-md-regs-official--title-11--11.15.19.04}
For members of nonprofit organizations, the following special requirements apply:
A. The organization is nonprofit as evidenced by a:
(1) Determination Letter from the Internal Revenue Service (Letter 947 or equivalent) as to qualification for exemption from taxation under §501 of the Internal Revenue Code,
(2) Certificate of Registration as a charitable organization under Article 41, §3-202, Annotated Code of Maryland, issued by the Secretary of State, or
(3) Valid certificate of exemption issued by the Comptroller of the Treasury as to qualification for exemption from sales taxation under Tax-General Article, §11-204, Annotated Code of Maryland; and
B. At least 25 members apply for special registration under this chapter for the initial manufacture of special registration plates.
**Cross References**
11.15.19.10A(1)
**History**
- *Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 547)*
- *Administrative History: Regulation .01 amended effective July 20, 1992 (19:14 Md. R. 1284); May 6, 1996 (23:9 Md. R. 671); December 29, 1997 (24:26 Md. R. 1759)*
- *Administrative History: Regulation .01 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02 amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective July 9, 1990 (17:13 Md. R. 1612); June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .02D amended effective April 6, 2009 (36:7 Md. R. 526)*
- *Administrative History: Regulation .03 amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .03A, C amended, F adopted effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .03C, F amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .03F amended effective June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .04 amended effective July 20, 1992 (19:14 Md. R. 1284); October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: Regulation .05C amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .06A amended effective July 9, 1990 (17:13 Md. R. 1612); July 20, 1992 (19:14 Md. R. 1284); March 13, 2006 (33:5 Md. R. 520); July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .07 amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .07A amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .08 amended effective July 20, 1992 (19:14 Md. R. 1284); January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .09 amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .09A amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .10B amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Authority: Transportation Article, §§12-104(b) and 13-619, Annotated Code of Maryland*
##### **COMAR 11.15.19.05** Organization Representative and Certification of Membership. {#sec-11.15.19.05 omnilex-key=us-md-regs-official--title-11--11.15.19.05}
A. Each organization eligible for special registration under this chapter shall appoint an organization representative who will act as liaison between the organization and the Administration.
B. The organization representative designated in §A, of this regulation, shall be responsible for performing the functions outlined in this chapter.
C. The organization representative shall provide an organization certification of membership for its members which shall be printed at organization expense and contain the following information:
(1) Organization official identification stationery shall be used.
(2) Signature of organization representative.
(3) Names of organization members requesting special registration plates.
(4) Present registration plate numbers of organization members' vehicles.
(5) Special registration plate numbers issued under Regulation .07 are issued in consecutive order. If special registration plates are being issued under Regulation .09, the Administration shall assign the special registration plate numbers, issued in consecutive order.
D. The organization certification of membership shall be presented by the organization representative when special registration plates are requested under Regulation .07 and by the organization member when special registration plates are requested under Regulation .09.
**History**
- *Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 547)*
- *Administrative History: Regulation .01 amended effective July 20, 1992 (19:14 Md. R. 1284); May 6, 1996 (23:9 Md. R. 671); December 29, 1997 (24:26 Md. R. 1759)*
- *Administrative History: Regulation .01 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02 amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective July 9, 1990 (17:13 Md. R. 1612); June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .02D amended effective April 6, 2009 (36:7 Md. R. 526)*
- *Administrative History: Regulation .03 amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .03A, C amended, F adopted effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .03C, F amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .03F amended effective June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .04 amended effective July 20, 1992 (19:14 Md. R. 1284); October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: Regulation .05C amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .06A amended effective July 9, 1990 (17:13 Md. R. 1612); July 20, 1992 (19:14 Md. R. 1284); March 13, 2006 (33:5 Md. R. 520); July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .07 amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .07A amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .08 amended effective July 20, 1992 (19:14 Md. R. 1284); January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .09 amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .09A amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .10B amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Authority: Transportation Article, §§12-104(b) and 13-619, Annotated Code of Maryland*
##### **COMAR 11.15.19.06** Approval of Nonprofit Organization for Special Registration. {#sec-11.15.19.06 omnilex-key=us-md-regs-official--title-11--11.15.19.06}
A. The organization representative shall apply to the Motor Vehicle Administration, 6601 Ritchie Highway, N. E., Glen Burnie, Maryland 21062 and include the following information:
(1) Copies of the documentation that the organization meets the criteria outlined in Regulation .04, of this chapter;
(2) Special registration plate scheme requested by the organization and an alternate selection;
(3) The name of the organization to be placed on the bottom of the special registration plate, if desired, in accordance with the provisions of Regulation .03C; and
(4) Camera-ready artwork of the logo to be used in accordance with Regulation .03A, if desired.
B. The Administration shall advise the organization representative of its decision and, if favorable, to proceed in accordance with Regulation .07, of this chapter.
**History**
- *Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 547)*
- *Administrative History: Regulation .01 amended effective July 20, 1992 (19:14 Md. R. 1284); May 6, 1996 (23:9 Md. R. 671); December 29, 1997 (24:26 Md. R. 1759)*
- *Administrative History: Regulation .01 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02 amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective July 9, 1990 (17:13 Md. R. 1612); June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .02D amended effective April 6, 2009 (36:7 Md. R. 526)*
- *Administrative History: Regulation .03 amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .03A, C amended, F adopted effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .03C, F amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .03F amended effective June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .04 amended effective July 20, 1992 (19:14 Md. R. 1284); October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: Regulation .05C amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .06A amended effective July 9, 1990 (17:13 Md. R. 1612); July 20, 1992 (19:14 Md. R. 1284); March 13, 2006 (33:5 Md. R. 520); July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .07 amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .07A amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .08 amended effective July 20, 1992 (19:14 Md. R. 1284); January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .09 amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .09A amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .10B amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Authority: Transportation Article, §§12-104(b) and 13-619, Annotated Code of Maryland*
##### **COMAR 11.15.19.07** Registration Plate Issuance — Approved Nonprofit Organizations. {#sec-11.15.19.07 omnilex-key=us-md-regs-official--title-11--11.15.19.07}
A. The organization representative shall submit the organization certification of membership when requested by the Administration, together with appropriate fees for each set of special registration plates requested, if applicable.
B. The Administration shall print the registration applications for each organization member and forward them to the organization representative.
C. When the special registration plates have been received, the Administration shall notify the organization representative who shall:
(1) Collect the completed registration applications and appropriate registration fees from each organization member;
(2) Submit all fees and registration applications, in assigned registration plate sequence, to the Administration.
D. Administration Verification.
(1) The Administration shall verify the registration application, including insurance information, fees and other items.
(2) Registration applications will be validated.
(3) Special registration plates, with validation stickers and registration card, will be mailed directly to each organization member.
E. Upon receipt of the special registration plates, each organization member shall return previously issued registration plates to any Administration office for cancellation of the registration.
**Cross References**
11.15.19.09A
**History**
- *Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 547)*
- *Administrative History: Regulation .01 amended effective July 20, 1992 (19:14 Md. R. 1284); May 6, 1996 (23:9 Md. R. 671); December 29, 1997 (24:26 Md. R. 1759)*
- *Administrative History: Regulation .01 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02 amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective July 9, 1990 (17:13 Md. R. 1612); June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .02D amended effective April 6, 2009 (36:7 Md. R. 526)*
- *Administrative History: Regulation .03 amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .03A, C amended, F adopted effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .03C, F amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .03F amended effective June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .04 amended effective July 20, 1992 (19:14 Md. R. 1284); October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: Regulation .05C amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .06A amended effective July 9, 1990 (17:13 Md. R. 1612); July 20, 1992 (19:14 Md. R. 1284); March 13, 2006 (33:5 Md. R. 520); July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .07 amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .07A amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .08 amended effective July 20, 1992 (19:14 Md. R. 1284); January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .09 amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .09A amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .10B amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Authority: Transportation Article, §§12-104(b) and 13-619, Annotated Code of Maryland*
##### **COMAR 11.15.19.08** Renewal of Special Registration Numbers and Plates. {#sec-11.15.19.08 omnilex-key=us-md-regs-official--title-11--11.15.19.08}
A. This regulation governs issuance of validation stickers only to members of nonprofit organizations who have already been issued special registration plates. During a registration year in which new registration plates are being issued for all motor vehicles, the procedures outlined in Regulation .07 shall be followed.
B. Applications for renewal of special registration plates shall be mailed to each registered owner before the expiration date of the vehicle's registration.
C. Provided the individual continues to be a member of the organization, each organization member who desires to continue use of the special registration number and plates shall:
(1) Complete the registration application, including insurance information;
(2) Return the completed application with appropriate fees to the Administration, either by mail or in person.
D. In the case of an owner who is applying for special registration as a surviving spouse, the owner:
(1) Shall submit an organization certification of membership; and
(2) May not have remarried.
E. The Administration shall verify the registration application, including insurance information, fees and other items.
F. The registration card and validation stickers shall be mailed directly to or handed to each organization member.
**History**
- *Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 547)*
- *Administrative History: Regulation .01 amended effective July 20, 1992 (19:14 Md. R. 1284); May 6, 1996 (23:9 Md. R. 671); December 29, 1997 (24:26 Md. R. 1759)*
- *Administrative History: Regulation .01 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02 amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective July 9, 1990 (17:13 Md. R. 1612); June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .02D amended effective April 6, 2009 (36:7 Md. R. 526)*
- *Administrative History: Regulation .03 amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .03A, C amended, F adopted effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .03C, F amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .03F amended effective June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .04 amended effective July 20, 1992 (19:14 Md. R. 1284); October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: Regulation .05C amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .06A amended effective July 9, 1990 (17:13 Md. R. 1612); July 20, 1992 (19:14 Md. R. 1284); March 13, 2006 (33:5 Md. R. 520); July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .07 amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .07A amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .08 amended effective July 20, 1992 (19:14 Md. R. 1284); January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .09 amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .09A amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .10B amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Authority: Transportation Article, §§12-104(b) and 13-619, Annotated Code of Maryland*
##### **COMAR 11.15.19.09** Individual Issuance of Special Registration Plates to New Members of Approved Nonprofit Organizations. {#sec-11.15.19.09 omnilex-key=us-md-regs-official--title-11--11.15.19.09}
A. An individual who becomes a member of an approved nonprofit organization after the initial issuance of special registration plates in accordance with Regulation .07 of this chapter may obtain special registration plates as follows:
(1) Obtain an organization certification of membership from the organization representative;
(2) Complete the registration application, including insurance information;
(3) Return the completed registration application and certification with the appropriate fees, if applicable, either by mail or in person.
B. Administration Verification.
(1) The Administration shall verify the registration application, including insurance information, fees and other items.
(2) Special registration numbers shall be assigned in consecutive order.
(3) Registration applications will be validated.
(4) Special registration plates, with validation stickers and registration card, will be mailed directly or handed to each organization member.
C. Upon receipt of the special registration plates, the organization member shall return previously issued registration plates to any Administration office for cancellation of the registration.
**Cross References**
11.15.19.10B(3)
**History**
- *Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 547)*
- *Administrative History: Regulation .01 amended effective July 20, 1992 (19:14 Md. R. 1284); May 6, 1996 (23:9 Md. R. 671); December 29, 1997 (24:26 Md. R. 1759)*
- *Administrative History: Regulation .01 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02 amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective July 9, 1990 (17:13 Md. R. 1612); June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .02D amended effective April 6, 2009 (36:7 Md. R. 526)*
- *Administrative History: Regulation .03 amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .03A, C amended, F adopted effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .03C, F amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .03F amended effective June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .04 amended effective July 20, 1992 (19:14 Md. R. 1284); October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: Regulation .05C amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .06A amended effective July 9, 1990 (17:13 Md. R. 1612); July 20, 1992 (19:14 Md. R. 1284); March 13, 2006 (33:5 Md. R. 520); July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .07 amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .07A amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .08 amended effective July 20, 1992 (19:14 Md. R. 1284); January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .09 amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .09A amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .10B amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Authority: Transportation Article, §§12-104(b) and 13-619, Annotated Code of Maryland*
##### **COMAR 11.15.19.10** Cancellation of Special Registration Numbers and Plates. {#sec-11.15.19.10 omnilex-key=us-md-regs-official--title-11--11.15.19.10}
A. The Administration shall have the right to suspend special registration granted under this chapter if:
(1) The organization no longer qualifies as nonprofit as required by Regulation .04 of this chapter; or
(2) The organization has perpetrated a fraud against the Administration in obtaining special registration numbers and plates for its members.
B. Membership.
(1) Continuous membership in the approved organization by the organization member who requests special registration plates under this chapter shall be required.
(2) Loss of Membership.
(a) The organization representative shall notify the former member and the Administration in writing if an organization member is no longer a member in the approved organization.
(b) The former organization member shall immediately return the special registration plates to any Administration office for cancellation of the registration and obtain substitute regular registration plates.
(c) If the former organization member does not return the special registration plates, the Administration shall flag the vehicle record in order to prevent a registration application from being sent to the former member for registration renewal purposes.
(3) If a former organization member reinstates membership in an approved organization, the member may obtain new special registration plates in accordance with Regulation .09 of this chapter, and pay the appropriate special registration fee, if applicable, again.
**History**
- *Administrative History: Effective date: March 10, 1986 (13:5 Md. R. 547)*
- *Administrative History: Regulation .01 amended effective July 20, 1992 (19:14 Md. R. 1284); May 6, 1996 (23:9 Md. R. 671); December 29, 1997 (24:26 Md. R. 1759)*
- *Administrative History: Regulation .01 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02 amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective July 9, 1990 (17:13 Md. R. 1612); June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .02D amended effective April 6, 2009 (36:7 Md. R. 526)*
- *Administrative History: Regulation .03 amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .03A, C amended, F adopted effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .03C, F amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .03F amended effective June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .04 amended effective July 20, 1992 (19:14 Md. R. 1284); October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: Regulation .05C amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .06A amended effective July 9, 1990 (17:13 Md. R. 1612); July 20, 1992 (19:14 Md. R. 1284); March 13, 2006 (33:5 Md. R. 520); July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .07 amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .07A amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .08 amended effective July 20, 1992 (19:14 Md. R. 1284); January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .09 amended effective July 20, 1992 (19:14 Md. R. 1284)*
- *Administrative History: Regulation .09A amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .10B amended effective July 9, 1990 (17:13 Md. R. 1612)*
- *Authority: Transportation Article, §§12-104(b) and 13-619, Annotated Code of Maryland*
### **11.15.20** Dump Service Registration
##### **COMAR 11.15.20.01** Definitions. {#sec-11.15.20.01 omnilex-key=us-md-regs-official--title-11--11.15.20.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Bulk” means a total load which is in a mass, not packaged in separate units, and which cannot be counted. Containerized cargo is not considered to be bulk.
(2) “Feed” means food for animals or birds.
(3) Loose Material.
(a) “Loose material” means feed, dirt, sand, wood chips, stone, gravel, aggregate, solid waste, ready-mix concrete, or other similar material that can blow, fall, or spill from a vehicle as a result of movement or of exposure to air, wind, or weather.
(b) “Loose material” does not include agricultural products in their natural state, liquid loads, or concrete blocks.
(4) “Self-unloading by gravity or mechanical means” means that once the unloading process is started, gravity or a mechanism which is an integral part of the vehicle takes over the unloading process.
**Cross References**
11.13.11.03B(4)
**History**
- *Administrative History: Effective date: June 26, 1989 (16:12 Md. R. 1337)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulations .03 and .05 amended as an emergency provision effective January 1, 1995 (22:2 Md. R. 73); emergency status extended to August 29, 1995 (22:9 Md. R. 643)*
- *Administrative History: Regulation .03F adopted effective August 14, 1995 (22:16 Md. R. 1222)*
- *Administrative History: Regulation .04C repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .05 amended effective January 1, 1992 (18:25 Md. R. 2754); August 14, 1995 (22:16 Md. R. 1222); July 30, 2018 (45:15 Md. R. 725)*
- *Authority: Transportation Article, §§12-104(b) and 13-919, Annotated Code of Maryland*
##### **COMAR 11.15.20.02** Eligible Classes of Vehicles — Repealed. {#sec-11.15.20.02 omnilex-key=us-md-regs-official--title-11--11.15.20.02}
**History**
- *Administrative History: Effective date: June 26, 1989 (16:12 Md. R. 1337)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulations .03 and .05 amended as an emergency provision effective January 1, 1995 (22:2 Md. R. 73); emergency status extended to August 29, 1995 (22:9 Md. R. 643)*
- *Administrative History: Regulation .03F adopted effective August 14, 1995 (22:16 Md. R. 1222)*
- *Administrative History: Regulation .04C repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .05 amended effective January 1, 1992 (18:25 Md. R. 2754); August 14, 1995 (22:16 Md. R. 1222); July 30, 2018 (45:15 Md. R. 725)*
- *Authority: Transportation Article, §§12-104(b) and 13-919, Annotated Code of Maryland*
##### **COMAR 11.15.20.03** Noncompliant Vehicles — Repealed. {#sec-11.15.20.03 omnilex-key=us-md-regs-official--title-11--11.15.20.03}
**History**
- *Administrative History: Effective date: June 26, 1989 (16:12 Md. R. 1337)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulations .03 and .05 amended as an emergency provision effective January 1, 1995 (22:2 Md. R. 73); emergency status extended to August 29, 1995 (22:9 Md. R. 643)*
- *Administrative History: Regulation .03F adopted effective August 14, 1995 (22:16 Md. R. 1222)*
- *Administrative History: Regulation .04C repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .05 amended effective January 1, 1992 (18:25 Md. R. 2754); August 14, 1995 (22:16 Md. R. 1222); July 30, 2018 (45:15 Md. R. 725)*
- *Authority: Transportation Article, §§12-104(b) and 13-919, Annotated Code of Maryland*
##### **COMAR 11.15.20.04** Requirements. {#sec-11.15.20.04 omnilex-key=us-md-regs-official--title-11--11.15.20.04}
A. Except as otherwise provided, a load shall be enclosed in conformance with Transportation Article, §24-106.1, Annotated Code of Maryland.
B. Dump service registered vehicles operating in combination with another vehicle may not be allowed the weight exemptions provided for this class of registration.
**History**
- *Administrative History: Effective date: June 26, 1989 (16:12 Md. R. 1337)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulations .03 and .05 amended as an emergency provision effective January 1, 1995 (22:2 Md. R. 73); emergency status extended to August 29, 1995 (22:9 Md. R. 643)*
- *Administrative History: Regulation .03F adopted effective August 14, 1995 (22:16 Md. R. 1222)*
- *Administrative History: Regulation .04C repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .05 amended effective January 1, 1992 (18:25 Md. R. 2754); August 14, 1995 (22:16 Md. R. 1222); July 30, 2018 (45:15 Md. R. 725)*
- *Authority: Transportation Article, §§12-104(b) and 13-919, Annotated Code of Maryland*
##### **COMAR 11.15.20.05** Procedures for Applying for Dump Service Registration. {#sec-11.15.20.05 omnilex-key=us-md-regs-official--title-11--11.15.20.05}
A. Two or Three Axle Dump Service Vehicles. The original application for registration shall be accompanied by:
(1) A dump service certification (Form VR-98);
(2) A sideview photograph of the vehicle; and
(3) The fee as set forth in Transportation Article, §13-919, Annotated Code of Maryland.
B. Four or More Axle Dump Service Vehicles. The original application for registration shall be accompanied by:
(1) A dump service certification (Form VR-98);
(2) A sideview photograph of the vehicle, clearly showing the lift axle;
(3) The manufacturer's, second-stage manufacturer's, or authorized dealer's certification that the vehicle is in compliance with the requirements of COMAR 11.15.27.05; and
(4) The fee as set forth in Transportation Article, §13-919, Annotated Code of Maryland.
**Cross References**
11.15.27.06C
**History**
- *Administrative History: Effective date: June 26, 1989 (16:12 Md. R. 1337)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulations .03 and .05 amended as an emergency provision effective January 1, 1995 (22:2 Md. R. 73); emergency status extended to August 29, 1995 (22:9 Md. R. 643)*
- *Administrative History: Regulation .03F adopted effective August 14, 1995 (22:16 Md. R. 1222)*
- *Administrative History: Regulation .04C repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .05 amended effective January 1, 1992 (18:25 Md. R. 2754); August 14, 1995 (22:16 Md. R. 1222); July 30, 2018 (45:15 Md. R. 725)*
- *Authority: Transportation Article, §§12-104(b) and 13-919, Annotated Code of Maryland*
##### **COMAR 11.15.21.01** Definitions. {#sec-11.15.21.01 omnilex-key=us-md-regs-official--title-11--11.15.21.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Chronic offender” means the owner of a vehicle that has accumulated $1,000 or more in fines and penalties, per vehicle, as the result of parking violations within a jurisdiction.
(3) “Flag” means an action to prevent the registration of a vehicle from being renewed or transferred to another vehicle.
(4) “Jurisdiction” means a political subdivision of this State, an authorized federal or State agency, the District Court of Maryland, or a United States District Court.
(5) “Parking violation” means a violation of any local, State, or federal law or regulation governing the parking of motor vehicles.
(6) “Suspend” means an action that, in addition to the action set forth in §B(3) of this regulation, bars the vehicle from being driven on any highway in the State.
(7) “Traffic control device violation” means any violation of Transportation Article, §21-202(h), as determined under Transportation Article, §§21-202.1 and 21-1414, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: July 12, 1987 (14:14 Md. R. 1574)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .01B amended effective August 1, 2005 (32:15 Md. R. 1322); September 21, 2020 (47:19 Md. R. 849)*
- *Administrative History: Regulation .02 amended effective August 1, 2005 (32:15 Md. R. 1322)*
- *Administrative History: Regulation .02D amended effective September 21, 2020 (47:19 Md. R. 849)*
- *Administrative History: Regulation .02-1 adopted effective August 1, 2005 (32:15 Md. R. 1322)*
- *Administrative History: Regulation .05 amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Administrative History: Regulation .05A, D amended effective August 1, 2005 (32:15 Md. R. 1322)*
- *Authority: Transportation Article, §§12-104(b), 21-202.1, 21-809, 21-1414, and 26-305, Annotated Code of Maryland*
##### **COMAR 11.15.21.02** Flagging and Suspension of Vehicle Registrations. {#sec-11.15.21.02 omnilex-key=us-md-regs-official--title-11--11.15.21.02}
A. Upon notification by a jurisdiction that a vehicle owner has not satisfied parking and traffic control device violations incurred in the jurisdiction, the Administration shall either flag or suspend the vehicle owner's registration.
B. Flag.
(1) The Administration shall flag the registration of a vehicle owner who, as determined by the jurisdiction, has not complied with the jurisdiction's requirements concerning parking and traffic control device violations and who is not a chronic offender.
(2) The Administration may not renew the registration until notified by the jurisdiction that the parking and traffic control device violations have been satisfied.
C. Suspend.
(1) The Administration shall suspend the registration of a vehicle owner who is a chronic offender.
(2) Upon suspension of the vehicle registration, the vehicle owner shall return the license plates and registration card to the Administration.
D. Withdrawal of Flag or Suspension.
(1) Upon notification by a jurisdiction that the vehicle owner has satisfied the parking and traffic control device violations, the Administration shall remove the flag or suspension from the vehicle's registration record.
(2) Upon payment by the vehicle owner of the fee required by Regulation .05 of this chapter, the Administration shall renew the vehicle registration.
**History**
- *Administrative History: Effective date: July 12, 1987 (14:14 Md. R. 1574)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .01B amended effective August 1, 2005 (32:15 Md. R. 1322); September 21, 2020 (47:19 Md. R. 849)*
- *Administrative History: Regulation .02 amended effective August 1, 2005 (32:15 Md. R. 1322)*
- *Administrative History: Regulation .02D amended effective September 21, 2020 (47:19 Md. R. 849)*
- *Administrative History: Regulation .02-1 adopted effective August 1, 2005 (32:15 Md. R. 1322)*
- *Administrative History: Regulation .05 amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Administrative History: Regulation .05A, D amended effective August 1, 2005 (32:15 Md. R. 1322)*
- *Authority: Transportation Article, §§12-104(b), 21-202.1, 21-809, 21-1414, and 26-305, Annotated Code of Maryland*
##### **COMAR 11.15.21.02-1** Flag Notification Requirements. {#sec-11.15.21.02-1 omnilex-key=us-md-regs-official--title-11--11.15.21.02-1}
A. Before notifying the Administration to flag the vehicle registration for failure to satisfy fines and penalties as a result of parking and traffic control device violations, the jurisdiction shall notify the vehicle owner:
(1) Of the jurisdiction's intent to request that the Administration flag the vehicle's registration;
(2) That the Administration will assess an administrative flagging fee which shall be paid to the Administration in addition to any fee or penalty assessed by the jurisdiction for each parking and traffic control device violation reported;
(3) That failure to pay any fee or penalty assessed by the jurisdiction and the Administration for a parking and traffic control device violation will prevent renewal of the vehicle registration; and
(4) That failure to pay the administrative flagging fee to the Administration will result in the account being referred to the Maryland Central Collection Unit for collection purposes.
B. After notifying the vehicle owner, the jurisdiction shall notify the Administration:
(1) To flag the vehicle registration of owners who fail to pay parking and traffic control device violations by a file transfer protocol process approved by the Administration; and
(2) Of the citation number associated with each parking or traffic control device violation reported.
C. Jurisdictions currently reporting information to the Administration by tape or cartridge shall migrate to a file transfer protocol process.
D. The Administration shall generate an invoice for administrative flag fees for vehicle registrations flagged under this chapter.
**History**
- *Administrative History: Effective date: July 12, 1987 (14:14 Md. R. 1574)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .01B amended effective August 1, 2005 (32:15 Md. R. 1322); September 21, 2020 (47:19 Md. R. 849)*
- *Administrative History: Regulation .02 amended effective August 1, 2005 (32:15 Md. R. 1322)*
- *Administrative History: Regulation .02D amended effective September 21, 2020 (47:19 Md. R. 849)*
- *Administrative History: Regulation .02-1 adopted effective August 1, 2005 (32:15 Md. R. 1322)*
- *Administrative History: Regulation .05 amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Administrative History: Regulation .05A, D amended effective August 1, 2005 (32:15 Md. R. 1322)*
- *Authority: Transportation Article, §§12-104(b), 21-202.1, 21-809, 21-1414, and 26-305, Annotated Code of Maryland*
##### **COMAR 11.15.21.03** Suspension Notification Requirements. {#sec-11.15.21.03 omnilex-key=us-md-regs-official--title-11--11.15.21.03}
A. Upon determination that a vehicle registration shall be suspended, the jurisdiction shall notify the:
(1) Vehicle owner of the jurisdiction's intent to request the Administration to suspend the registration of the vehicle;
(2) Administration, by the method the Administration requires, to suspend the vehicle's registration.
B. Upon suspending a vehicle's registration under this chapter, the Administration shall immediately notify the vehicle owner of the suspension.
**History**
- *Administrative History: Effective date: July 12, 1987 (14:14 Md. R. 1574)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .01B amended effective August 1, 2005 (32:15 Md. R. 1322); September 21, 2020 (47:19 Md. R. 849)*
- *Administrative History: Regulation .02 amended effective August 1, 2005 (32:15 Md. R. 1322)*
- *Administrative History: Regulation .02D amended effective September 21, 2020 (47:19 Md. R. 849)*
- *Administrative History: Regulation .02-1 adopted effective August 1, 2005 (32:15 Md. R. 1322)*
- *Administrative History: Regulation .05 amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Administrative History: Regulation .05A, D amended effective August 1, 2005 (32:15 Md. R. 1322)*
- *Authority: Transportation Article, §§12-104(b), 21-202.1, 21-809, 21-1414, and 26-305, Annotated Code of Maryland*
##### **COMAR 11.15.21.04** Jurisdiction Accountability. {#sec-11.15.21.04 omnilex-key=us-md-regs-official--title-11--11.15.21.04}
A. A jurisdiction shall ensure the accuracy of all information submitted to the Administration.
B. The Administration shall be held harmless in all actions resulting from inaccurate information submitted by the jurisdiction.
**History**
- *Administrative History: Effective date: July 12, 1987 (14:14 Md. R. 1574)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .01B amended effective August 1, 2005 (32:15 Md. R. 1322); September 21, 2020 (47:19 Md. R. 849)*
- *Administrative History: Regulation .02 amended effective August 1, 2005 (32:15 Md. R. 1322)*
- *Administrative History: Regulation .02D amended effective September 21, 2020 (47:19 Md. R. 849)*
- *Administrative History: Regulation .02-1 adopted effective August 1, 2005 (32:15 Md. R. 1322)*
- *Administrative History: Regulation .05 amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Administrative History: Regulation .05A, D amended effective August 1, 2005 (32:15 Md. R. 1322)*
- *Authority: Transportation Article, §§12-104(b), 21-202.1, 21-809, 21-1414, and 26-305, Annotated Code of Maryland*
##### **COMAR 11.15.21.05** Requirements for Collecting a Fee for Renewal of Vehicle Registration. {#sec-11.15.21.05 omnilex-key=us-md-regs-official--title-11--11.15.21.05}
A. Pursuant to Transportation Article, §26-305, Annotated Code of Maryland, whenever the Administration flags, suspends, or denies the renewal of the registration of a vehicle, the owner shall pay a fee as set forth in COMAR 11.11.05 before renewal.
B. The fee imposed under §A of this regulation is applicable to the renewal of all registrations, including those vehicles exempt from registration fees under Transportation Article, §13-903, Annotated Code of Maryland.
C. The Administration may distribute $5 of the fee collected under §A of this regulation to a political subdivision acting as an agent for the Administration.
D. A fee imposed under §A of this regulation may be waived if the jurisdiction requesting the withholding of the registration provides electronic documentation, by the method required by the Administration, that the flag was mistakenly placed on the registration.
E. The fee collected by the Administration pursuant to §A of this regulation is refundable only if the vehicle owner can present written documentation from the jurisdiction requesting the withholding of registration certifying that the vehicle registration was flagged in error by the jurisdiction.
**Cross References**
11.15.21.02D(2)
**History**
- *Administrative History: Effective date: July 12, 1987 (14:14 Md. R. 1574)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2754)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective February 14, 1994 (21:3 Md. R. 194)*
- *Administrative History: Regulation .01B amended effective August 1, 2005 (32:15 Md. R. 1322); September 21, 2020 (47:19 Md. R. 849)*
- *Administrative History: Regulation .02 amended effective August 1, 2005 (32:15 Md. R. 1322)*
- *Administrative History: Regulation .02D amended effective September 21, 2020 (47:19 Md. R. 849)*
- *Administrative History: Regulation .02-1 adopted effective August 1, 2005 (32:15 Md. R. 1322)*
- *Administrative History: Regulation .05 amended effective September 22, 1997 (24:19 Md. R. 1341)*
- *Administrative History: Regulation .05A, D amended effective August 1, 2005 (32:15 Md. R. 1322)*
- *Authority: Transportation Article, §§12-104(b), 21-202.1, 21-809, 21-1414, and 26-305, Annotated Code of Maryland*
### **11.15.22** Apportioned Registration of Fleet Vehicles
##### **COMAR 11.15.22.01** Purpose. {#sec-11.15.22.01 omnilex-key=us-md-regs-official--title-11--11.15.22.01}
The purpose of these regulations is to establish regulations and procedures to implement the International Registration Plan entered into with other jurisdictions for the registration of fleets of vehicles on an apportioned basis as authorized by Transportation Article, §12-406, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .03 repealed effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .05B amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .05B, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .07B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .09B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .10D repealed effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .11A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12A, B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12B amended effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12C adopted effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12B, C amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13A, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14A amended effective February 17, 2025 (52:3 Md. R. 160)*
- *Administrative History: Regulation .14A, C, L amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14E—K amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .14L amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .15A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .16A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 repealed effective August 21, 2023 (50:16 Md. R. 726)*
- *Authority: Transportation Article, §§12-104 and 12-406, Annotated Code of Maryland*
##### **COMAR 11.15.22.02** Scope. {#sec-11.15.22.02 omnilex-key=us-md-regs-official--title-11--11.15.22.02}
A. Registration Recognition. Vehicles proportionally registered in jurisdictions which have entered into proportional registration agreements, including the international registration plan, under this chapter and have paid fees to the State will be deemed to be fully registered in this State for any type of movement or operation, if the registrant has proper interstate or intrastate authority from the appropriate regulatory agency or is exempt from regulatory agency.
B. Other Fees Not Waived. This proportional registration agreement does not waive any fees or taxes charged or levied by any jurisdiction in connection with the ownership or operation of vehicles other than the apportionable fees as defined in this chapter. All other fees and taxes shall be paid to each jurisdiction in accordance with the laws of each jurisdiction.
C. Base Jurisdiction Choice. Registrants based in any jurisdiction other than a member jurisdiction, who have been licensing vehicles in any member jurisdiction under the basing point, allocation, or proration forms of registration may declare the State as a base jurisdiction for purposes of the agreements until such time as the registrant's base jurisdiction becomes a member jurisdiction if the most miles travelled among the member jurisdictions are in Maryland.
D. Options of Registrants.
(1) The registrant may choose to fully register in any jurisdiction or purchase a limited number of trip permits instead of apportioned registration.
(2) The registrant may divide his vehicles into any number of fleets.
(3) A vehicle or combination of vehicles which travels in two or more member jurisdictions but which is not otherwise within the definition of “apportionable vehicle” may be proportionally registered at the option of the registrant.
E. Other General Regulations.
(1) Apportionable vehicles registered non-proportionally in member jurisdictions or registered proportionally in a member jurisdiction but excluding the State in their apportionment shall be subject to the restrictions contained in Transportation Article, § 12-406, Annotated Code of Maryland.
(2) Rental vehicles subject to Transportation Article, §§12-104(b), and 12-403—12-414, relating to apportioned rental vehicles which are not proportionally allocated or registered with the State shall be subject to the restrictions contained in Transportation Article, §12-104(b) relating to rental car agencies.
(3) A vehicle based in the State for use only in the State or nonmember jurisdictions, or both, shall continue to be registered in the State on a nonapportioned basis.
**History**
- *Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .03 repealed effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .05B amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .05B, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .07B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .09B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .10D repealed effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .11A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12A, B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12B amended effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12C adopted effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12B, C amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13A, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14A amended effective February 17, 2025 (52:3 Md. R. 160)*
- *Administrative History: Regulation .14A, C, L amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14E—K amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .14L amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .15A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .16A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 repealed effective August 21, 2023 (50:16 Md. R. 726)*
- *Authority: Transportation Article, §§12-104 and 12-406, Annotated Code of Maryland*
##### **COMAR 11.15.22.03** Member Jurisdictions — Repealed {#sec-11.15.22.03 omnilex-key=us-md-regs-official--title-11--11.15.22.03}
**History**
- *Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .03 repealed effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .05B amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .05B, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .07B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .09B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .10D repealed effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .11A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12A, B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12B amended effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12C adopted effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12B, C amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13A, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14A amended effective February 17, 2025 (52:3 Md. R. 160)*
- *Administrative History: Regulation .14A, C, L amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14E—K amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .14L amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .15A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .16A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 repealed effective August 21, 2023 (50:16 Md. R. 726)*
- *Authority: Transportation Article, §§12-104 and 12-406, Annotated Code of Maryland*
##### **COMAR 11.15.22.04** Definitions. {#sec-11.15.22.04 omnilex-key=us-md-regs-official--title-11--11.15.22.04}
A. The following words and terms have the following meanings, unless the context clearly indicates otherwise.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Agent-lessor” means a service representative who furnishes facilities and services including sales, warehousing, motorized equipment and drivers under contract or other arrangement to a carrier for transportation of property by a household goods carrier.
(3) “Applicant” means a person, firm, or corporation in whose name an application to apportion the registrations of a fleet of vehicles is filed.
(4) “Apportionable fee” means any periodically recurring fee required for licensing or registering vehicles, such as, but not limited to:
(a) Registration fees; and
(b) License or weight fees.
(5) “Apportionable vehicle” means any vehicle, except recreational vehicles, vehicles displaying restricted plates, city pickup and delivery vehicles, buses used in transportation of chartered parties, and government-owned vehicles, used or intended for use in two or more member jurisdictions for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property:
(a) Having a gross vehicle weight in excess of 26,000 pounds;
(b) Having three or more axles, regardless of weight; or
(c) If used in combination, with the gross weight of a combination exceeding 26,000 pounds.
(6) “Audit” means the examination of a registrant’s records, including source documents, to verify the distances reported in the registrant’s application for apportioned registration and evaluate the accuracy of the registrant’s distance-accounting system for its fleet. Such an examination may be of multiple fleets for multiple years
(7) “Auxiliary axle” means an auxiliary under carriage assembly with a fifth wheel and tow bar used to convert a semi-trailer to a full trailer.
(8) “Average per-vehicle distance” means the average per-vehicle distance in each member jurisdiction determined by the total actual distances reported during the previous registration year as having been operated by all Maryland carriers.
(9) “Base jurisdiction” means for the purpose of fleet registration, the jurisdiction where:
(a) The registrant has an established place of business;
(b) Mileage is accrued by the fleet; and
(c) Operational records of the fleet are maintained or can be made available.
(10) “Base plate” means the registration plate, or plates, issued by the base jurisdiction, identified by having the word “APPORTIONED” and the base jurisdiction's name on the plate.
(11) “Bilateral agreement” means a registration reciprocity agreement between Maryland and another jurisdiction providing the payment of registration fees on the basis of fleet miles operated in each jurisdiction.
(12) “Cab card” means a registration card issued by the base jurisdiction for a vehicle of an apportioned fleet containing:
(a) The make and VIN of the vehicle;
(b) The base plate number,
(c) The jurisdictions in which the vehicle is registered;
(d) The registered gross weight for each jurisdiction;
(e) Any other information deemed necessary.
(13) “Carrier” means an individual, partnership, or corporation engaged in the business of transporting goods or persons.
(14) “Credentials” means a cab card and apportioned plate issued for a vehicle registered by a jurisdiction which is a party to an agreement.
(15) “Established place of business” means a physical structure owned or leased by a fleet registrant designated by a street and number or road location, which is open during normal business hours and in which are located:
(a) A telephone publicly listed in the name of the fleet registrant;
(b) A person conducting the fleet registrant's business; and
(c) The operational records of the fleet unless the records can be made available.
(16) “Equipment number” means the unit number or equipment number assigned by the applicant. Each piece or unit of equipment must have a specific International Registration Plan (IRP) identifier.
(17) “Fleet” means one or more apportionable vehicles.
(18) “Household goods” means:
(a) Personal effects and property used or to be used in a dwelling when the household goods are part of the equipment or supply of the dwelling;
(b) Furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals, or other establishments, when a part of the stock, equipment, or supply of the stores, offices, museums, institutions, hospitals, or other establishments; and
(c) Articles including objects of art, displays, and exhibits which because of their unusual nature or value require the specialized handling and equipment usually employed in moving household goods.
(19) “Hunter's permit” means a temporary vehicle registration permit issued to an owner-operator, not operating as a lessor, for a registered gross weight not exceeding the empty weight of the vehicle.
(20) “In-jurisdiction miles” means the total number of miles operated by a fleet of proportionally registered vehicles in a jurisdiction during the preceding year. Mileage of Maryland registered vehicles accrued in jurisdictions which are not member jurisdictions shall be counted as in-jurisdiction miles operated in Maryland.
(21) “International Registration Plan (IRP)” means a registration reciprocity agreement among states of the United States, the District of Columbia, and provinces of Canada providing for the payment of apportionable fees on the basis of fleet miles operated in each jurisdiction.
(22) “Interstate operations” means vehicle movement between or through two or more jurisdictions.
(23) “Intrastate operations” means vehicle movement from one point within a jurisdiction to another point within the same jurisdiction.
(24) “IVMR” means individual vehicle mileage record.
(25) “Jurisdiction” means:
(a) A state, territory or possession of the United States;
(b) The District of Columbia;
(c) A state or province of a country.
(26) “Lease” means a written document vesting exclusive possession and control of a vehicle owned by another.
(27) “Lessor” means a person, firm, or corporation which under the terms of a lease, grants the legal right of possession and control of a vehicle to another person, firm, or corporation (the lessee).
(28) “Long-term lease” means a lease having a term of 30 days or more.
(29) “Member jurisdiction” means a jurisdiction which is a party to the International Registration Plan.
(30) “Negotiable title” means a title issued by a jurisdiction which documents ownership of a vehicle and can be used to transfer ownership.
(31) “Operational records” means documents supporting in-jurisdiction miles traveled in each jurisdiction and total miles traveled, such as fuel reports, trip sheets, and logs.
(32) “Owner-operator” means an equipment lessor who leases his vehicular equipment with driver to a carrier pursuant to Interstate Commerce Commission regulations, 49 CFR 1057 or similar regulations of a jurisdiction's regulatory body.
(33) “Power unit” means a vehicle which is self propelled by power other than muscular power.
(34) “Preceding year” means the 12-month period after June 30 of one year and before July 1 of the following year, which immediately precedes the registration or license year for which proportional registration is sought.
(35) “Reciprocity” means exemption from further registration by any member jurisdiction of an apportionable vehicle registered under an agreement.
(36) “Reciprocity agreement” means an agreement, arrangement, or understanding governing the reciprocal grant of rights or privileges, or both, to vehicles, which are based in and properly registered under the applicable laws of the jurisdictions which are parties to the agreement, arrangement, or understanding.
(37) “Registrant” means a person, firm, or corporation in whose name an apportioned vehicle is registered.
(38) “Registration year” means the 12-month period during which the registration dates issued by the base jurisdiction are valid according to the laws of the base jurisdiction.
(39) “Rental fleet” means five or more vehicles which are rented or offered for rental without drivers and which are designated by a rental owner as a rental fleet.
(40) “Rental owner” means an owner principally engaged in renting rental fleets to others or offering for rental the vehicles of the fleets without drivers.
(41) “Rental vehicle” means a vehicle of a rental fleet.
(42) “Renting or leasing” means the giving of possession and control of a vehicle for valuable consideration for a specified period of time.
(43) “Restricted plate” means a registration plate which is restricted as to time, less than a full registration year, geographic area, mileage or commodities or persons which may be hauled. Example: farm truck plate, dealer plate.
(44) “Road tractor (mobile home toter)” means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load on it either independently or any part of the weight of a vehicle or load so drawn.
(45) “Short term lease” means a lease having a term of less than 30 days.
(46) “Temporary authority” means a temporary registration authorizing the operation of a Maryland vehicle for 45 days while application for a change in fleet registration is being processed by the Administration.
(47) “Total miles” means the total number of miles operated by a fleet of proportionally registered vehicles in all jurisdictions during the preceding year.
(48) “Tractor” means a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicles and load so drawn.
(49) “Trip permit” means a temporary permit issued by a jurisdiction instead of regular apportioned registration.
(50) “Truck” means every motor vehicle designed, used, or maintained primarily for the transportation of property.
(51) “Truck tractor” means a motor vehicle designed and used primarily for drawing other vehicles but so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
(52) “Vehicle-tracking system” means an electronic system that monitors the exact location, 24 hours a day, of any moving vehicle using the Global Positioning System (GPS) or another type of automatic vehicle location technology.
(53) “VIN” means vehicle identification number.
**History**
- *Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .03 repealed effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .05B amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .05B, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .07B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .09B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .10D repealed effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .11A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12A, B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12B amended effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12C adopted effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12B, C amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13A, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14A amended effective February 17, 2025 (52:3 Md. R. 160)*
- *Administrative History: Regulation .14A, C, L amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14E—K amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .14L amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .15A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .16A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 repealed effective August 21, 2023 (50:16 Md. R. 726)*
- *Authority: Transportation Article, §§12-104 and 12-406, Annotated Code of Maryland*
##### **COMAR 11.15.22.05** Application for Proportional Registration. {#sec-11.15.22.05 omnilex-key=us-md-regs-official--title-11--11.15.22.05}
A. General. Application for registration of vehicles under this subtitle shall be made on a form furnished by the Administration.
B. Contents of the Application.
(1) Schedule A/C (Form IRP A/C) shall contain a description of each power unit, trailer, semi-trailer, and auxiliary axle and be accompanied by a uniform mileage schedule.
(2) Schedule B (Form IRP B).
(a) The initial or renewal application for proportional registration shall contain the mileage data in all jurisdictions for the preceding year for each vehicle or vehicles.
(b) If no operations were conducted with any vehicle or vehicles during the preceding year, the application shall use the average per-vehicle distance.
(c) The applicant shall determine the in-jurisdiction and total miles to be used in computing the proportional registration fee for the vehicle.
(d) Changes to an original or renewed application may be made after it has been filed by notifying the Motor Carrier Services Section prior to payment.
(e) The Maryland IRP registration period is staggered on a period determined by the Administration.
C. Evidence of Ownership. The owner or lessor of a vehicle to be proportionally registered shall hold in their name a Maryland certificate of title or a negotiable title issued in another jurisdiction for each vehicle.
**History**
- *Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .03 repealed effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .05B amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .05B, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .07B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .09B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .10D repealed effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .11A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12A, B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12B amended effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12C adopted effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12B, C amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13A, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14A amended effective February 17, 2025 (52:3 Md. R. 160)*
- *Administrative History: Regulation .14A, C, L amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14E—K amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .14L amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .15A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .16A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 repealed effective August 21, 2023 (50:16 Md. R. 726)*
- *Authority: Transportation Article, §§12-104 and 12-406, Annotated Code of Maryland*
##### **COMAR 11.15.22.06** Registration Criteria — Owner-Operator Vehicles. {#sec-11.15.22.06 omnilex-key=us-md-regs-official--title-11--11.15.22.06}
A. Proportional Registration. Effective with the 1988 registration year, owner-operators who lease their vehicles to carriers on a long-term basis may proportionally register their vehicles in either of the following methods:
(1) Registration may, at the option of the lessor, be in the name of the lessee-carrier, but shall also indicate the owner-operator's name. Allocation of fees shall be based on the records of the carrier. The registration plate and cab card shall be the property of the lessee.
(2) Registration may, at the option of the lessor, be in the name of the lessor. Allocation of fees shall be based on the records of the lessor. The registration plate and cab card shall be the property of the lessor.
B. Trip Permits. Vehicles of owner-operators which are not proportionally registered or not fully registered in a jurisdiction having a separate reciprocity agreement with Maryland shall be subject to the trip permit requirements of this chapter.
**History**
- *Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .03 repealed effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .05B amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .05B, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .07B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .09B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .10D repealed effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .11A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12A, B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12B amended effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12C adopted effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12B, C amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13A, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14A amended effective February 17, 2025 (52:3 Md. R. 160)*
- *Administrative History: Regulation .14A, C, L amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14E—K amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .14L amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .15A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .16A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 repealed effective August 21, 2023 (50:16 Md. R. 726)*
- *Authority: Transportation Article, §§12-104 and 12-406, Annotated Code of Maryland*
##### **COMAR 11.15.22.07** Registration Criteria — Leased Vehicles. {#sec-11.15.22.07 omnilex-key=us-md-regs-official--title-11--11.15.22.07}
A. General.
(1) For purposes of proportional registration, the long-term lessee-operator of a vehicle shall be responsible for its registration, that is, the operator of a fleet, part or all of which is leased, shall qualify the leased vehicles in its own name in the same manner as if the lessee-operator owned them.
(2) The Maryland credentials for the leased vehicles belong to the fleet operator by whom they were proportionally registered and may be transferred from one vehicle to another as if the operator owned the vehicles.
(3) If the lease of a vehicle is terminated, the lessee-operator shall transfer the Maryland registration to another vehicle which replaces it in the fleet.
(4) A renewal or series of renewals of a short-term lease covering the same vehicle or vehicles shall be construed as being a long-term lease if the time period covered by the original lease and subsequent consecutive renewals is 30 days or more.
B. Temporary Leases.
(1) If an apportioned vehicle is leased temporarily to another person, regardless of whether the lessee is an apportioned carrier, the lessor shall be responsible for reporting the miles traveled by the temporarily leased vehicle.
(2) The temporarily leased vehicle shall continue to bear proportional registration credentials and may be operated on those credentials only in jurisdictions displayed on the cab card.
**History**
- *Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .03 repealed effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .05B amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .05B, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .07B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .09B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .10D repealed effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .11A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12A, B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12B amended effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12C adopted effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12B, C amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13A, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14A amended effective February 17, 2025 (52:3 Md. R. 160)*
- *Administrative History: Regulation .14A, C, L amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14E—K amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .14L amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .15A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .16A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 repealed effective August 21, 2023 (50:16 Md. R. 726)*
- *Authority: Transportation Article, §§12-104 and 12-406, Annotated Code of Maryland*
##### **COMAR 11.15.22.08** Registration Criteria — Household Goods Carriers. {#sec-11.15.22.08 omnilex-key=us-md-regs-official--title-11--11.15.22.08}
Household goods carriers, using vehicles leased from service representatives, may elect to base the vehicles in the base jurisdiction of the service representative or of the carrier according to the following:
A. If the household goods carrier elects the base jurisdiction of the service representative, the vehicles shall be registered in the service representative's name and the household goods carrier shall be indicated as lessee. The apportionment of fees shall be according to the combined mileage records of the service representative and the carrier. The records shall be kept or made available in the service representative's base jurisdiction.
B. If the household goods carrier elects the base jurisdiction of the carrier, the vehicles shall be registered by the carrier and the service representative shall be designated as lessor. The apportionment of fees shall be according to the combined mileage records of the service representative and the carrier.
C. Vehicles owned and operated by owner-operators other than service representatives which are used exclusively to transport cargo for a household goods carrier shall be registered by the carrier in the base jurisdiction of the carrier, in both the name of the owner-operator and the name of the carrier as lessee. The apportionment of fees shall be according to the mileage records of the carrier.
**History**
- *Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .03 repealed effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .05B amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .05B, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .07B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .09B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .10D repealed effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .11A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12A, B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12B amended effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12C adopted effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12B, C amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13A, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14A amended effective February 17, 2025 (52:3 Md. R. 160)*
- *Administrative History: Regulation .14A, C, L amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14E—K amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .14L amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .15A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .16A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 repealed effective August 21, 2023 (50:16 Md. R. 726)*
- *Authority: Transportation Article, §§12-104 and 12-406, Annotated Code of Maryland*
##### **COMAR 11.15.22.09** Registration Criteria — Rental Vehicles. {#sec-11.15.22.09 omnilex-key=us-md-regs-official--title-11--11.15.22.09}
A. Rental owners.
(1) All rental vehicles of a rental owner who registers them in accordance with this section will be regarded as proportionally-registered vehicles if the rental owner has received approval from Maryland to apportion the rental fleets.
(2) The operational records of the rental fleet shall be maintained by the rental owner.
(3) The rental vehicles may be registered in the name of the rental owner or in the name of individual lessees.
B. Tractor, Truck-tractor and Truck Fleet Registrations. Rental owners having a rental fleet of trucks, tractors and truck-tractors based in Maryland excluding one-way vehicles, and operating into or through one or more other member jurisdictions may proportionally register the vehicles by paying apportionable registration fees based on mileage using Schedule A/C (Form IRP A/C) and Schedule B (Form IRP B).
C. Trailers and Semitrailers in Pool Fleets.
(1) Rental owners who rent or lease trailers and semitrailers having a registered gross weight in excess of 6,000 pounds and used solely in pool fleets for operation in Maryland and one or more other jurisdictions may, instead of full registration of each vehicle in Maryland, register the number of trailers and semitrailers determined as follows: Divide the gross revenue received in the preceding year for rentals of trailers and semitrailers operated in Maryland by the total gross revenue received in the preceding year for trailer and semitrailer rentals in all jurisdictions and multiply the quotient by the total number of trailers and semitrailers in the fleet on the first day of each registration year.
(2) Monthly and yearly records shall be maintained to reflect accurately the gross revenue earned in each jurisdiction. Monthly summaries shall be supported by rental settlement contracts. Yearly earnings shall be supported by the company's financial statements and copies of federal and State income tax returns.
(3) When vehicles are added to the fleet after the first day of a licensing year, the same percentage factor used at the beginning of that licensing year shall be used to determine the number of additional vehicles to be registered in Maryland.
D. Utility Trailers.
(1) Rental owners who rent or lease utility trailers having a registered gross weight of 6,000 pounds or less in more than one member jurisdiction may, instead of full registration of each vehicle in Maryland, register a number of trailers equal to or more than the average number of the trailers rented in or through Maryland during the preceding year.
(2) Records.
(a) Monthly and yearly records shall be maintained to reflect accurately the inventory count and Maryland registrations.
(b) Inventory records shall include a:
(i) Count of the vehicles not rented located in each jurisdiction at the time of inventory count;
(ii) Count of the entire fleet owned or operated, whether rented or not rented, at the time of inventory count; and
(iii) Listing of registration plate numbers and dates purchased each year.
(c) Registration records and cancelled checks representing payment of license plates purchased or renewed shall be available for auditor review.
(3) When vehicles are added to the fleet after the first day of a licensing year, the same percentage factor used at the beginning of that licensing year shall be used in determining the number of additional vehicles subject to be registered in Maryland registration.
E. One-way Fleet Vehicles.
(1) Rental owners who rent or lease trucks having a registered weight of less than 26,000 pounds in more than one member jurisdiction may, instead of full registration of each vehicle in Maryland, register the number of trucks determined as follows: In each weight class divide the mileage traveled in all jurisdictions, and multiply the quotient by the total number of vehicles of the same weight class owned or operated in the particular class on the first day of each registration year.
(2) Monthly and yearly records shall be maintained to reflect accurately mileage traveled in each jurisdiction by weight class and inventory counts of each class of vehicle. Inventory records shall include a listing of registration plate numbers and dates purchased each year.
(3) When vehicles are added to the fleet after the first day of a licensing year, the same percentage factor used at the beginning of that licensing year for each weight class shall be used to determine the number of additional vehicles subject to Maryland registration.
**History**
- *Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .03 repealed effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .05B amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .05B, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .07B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .09B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .10D repealed effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .11A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12A, B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12B amended effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12C adopted effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12B, C amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13A, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14A amended effective February 17, 2025 (52:3 Md. R. 160)*
- *Administrative History: Regulation .14A, C, L amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14E—K amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .14L amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .15A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .16A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 repealed effective August 21, 2023 (50:16 Md. R. 726)*
- *Authority: Transportation Article, §§12-104 and 12-406, Annotated Code of Maryland*
##### **COMAR 11.15.22.10** Changes in Apportionable Vehicle Fleets. {#sec-11.15.22.10 omnilex-key=us-md-regs-official--title-11--11.15.22.10}
A. Registration of Vehicles Added to Fleets. Vehicles acquired by a registrant after the commencement of the registration year may be added to the proportionally registered fleet by applying the mileage percentage used in the original application for registration of the fleet for the registration period to the regular registration fees applicable to the additional vehicles for the remainder of the registration year. Applications for proportional registration of additional fleet vehicles shall be filed and processed in the same manner as the original application, using supplemental registration forms furnished by the Administration.
B. Withdrawal and Replacement of Vehicles from Fleets. The following shall apply to the withdrawal of a vehicle from a proportionally registered fleet:
(1) If a vehicle is withdrawn from a proportionally registered fleet during the period for which it is registered, the registrant shall so notify the Administration on the appropriate form.
(2) If the registrant replaces a vehicle for one withdrawn from the fleet the registrant shall file a supplemental application. The Administration will issue a new cab card and transfer the registration for the new vehicle. Additional proportional fees will be required for those jurisdictions that do not allow transfer credit.
(3) If a vehicle is permanently withdrawn from a proportionally registered fleet because it has been destroyed, sold, or otherwise completely removed from the service of the registrant, the fees paid with respect to the vehicle will be applied against registration fees which may be payable for additions to the fleet during the same registration year.
(4) If a vehicle of an apportioned fleet is withdrawn from the fleet, the vehicle cannot be returned to the fleet during the same registration year except upon payment of a proportional registration fee for the vehicle determined in accordance with §A, unless the vehicle was leased and the previous lease expired 30 days or more before the date of return to the fleet.
C. Increase in Registered Weight. The registered gross weight for a vehicle of a fleet may be increased after the commencement of the registration year by applying the mileage percentage used in the original application for registration of the fleet for the registration period to the difference between the regular registration fees for the current and the new weights for the remainder of the registration year. Application for a weight increase shall be filed and processed in the same manner as the original application, using supplemental registration forms furnished by the Administration.
**History**
- *Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .03 repealed effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .05B amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .05B, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .07B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .09B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .10D repealed effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .11A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12A, B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12B amended effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12C adopted effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12B, C amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13A, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14A amended effective February 17, 2025 (52:3 Md. R. 160)*
- *Administrative History: Regulation .14A, C, L amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14E—K amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .14L amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .15A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .16A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 repealed effective August 21, 2023 (50:16 Md. R. 726)*
- *Authority: Transportation Article, §§12-104 and 12-406, Annotated Code of Maryland*
##### **COMAR 11.15.22.11** Temporary Registration. {#sec-11.15.22.11 omnilex-key=us-md-regs-official--title-11--11.15.22.11}
A. Maryland Temporary Authorization Certificates.
(1) Temporary authorization certificates may be obtained from the Motor Carrier Services Section of the Administration by apportioned vehicle registrants for use on an additional vehicle or when it is necessary to increase a vehicle's registered weight. The registrant's fees on its original apportioned registration application shall be paid before approval of the request for temporary authorization certificates. Temporary authorization certificates are not transferable and may not be used by another carrier.
(2) The Administration may suspend the proportional registration privileges of any carrier who does not file within 5 days a supplemental application for proportional registration of a vehicle for which the carrier issued a temporary authorization certificate. The suspension will be in effect until the proportional registration of the additional vehicle is completed. Transfer credit will not be allowed for the vehicle.
B. Trip Permits.
(1) Seventy-two hour trip permits may be obtained from the Administration or authorized issuing agents for the occasional or emergency operation into or through Maryland of vehicles registered in member jurisdictions but not proportionally registered in the State.
(2) Each trip permit shall be carried in the cab of the vehicle for which the permit is issued.
C. Hunter's Permits. Twenty-day hunter's permits may be obtained from the Administration or authorized issuing agents for use by owner-operators whose lease with a carrier has terminated or for newly purchased vehicles.
**History**
- *Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .03 repealed effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .05B amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .05B, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .07B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .09B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .10D repealed effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .11A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12A, B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12B amended effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12C adopted effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12B, C amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13A, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14A amended effective February 17, 2025 (52:3 Md. R. 160)*
- *Administrative History: Regulation .14A, C, L amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14E—K amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .14L amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .15A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .16A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 repealed effective August 21, 2023 (50:16 Md. R. 726)*
- *Authority: Transportation Article, §§12-104 and 12-406, Annotated Code of Maryland*
##### **COMAR 11.15.22.12** Billing and Payment Procedures. {#sec-11.15.22.12 omnilex-key=us-md-regs-official--title-11--11.15.22.12}
A. Billing Notices. Upon the approval of an application for apportioned registration, the Administration will provide a billing notice to the registrant shown on the application. The notice will list the amount of all registration fees due to the State of Maryland as well as the apportioned registration fees due to each member jurisdiction.
B. Payment Procedures. Payment of the apportioned registration fees due to the Administration shall be made payable to the Motor Vehicle Administration (MVA).
**History**
- *Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .03 repealed effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .05B amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .05B, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .07B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .09B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .10D repealed effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .11A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12A, B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12B amended effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12C adopted effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12B, C amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13A, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14A amended effective February 17, 2025 (52:3 Md. R. 160)*
- *Administrative History: Regulation .14A, C, L amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14E—K amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .14L amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .15A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .16A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 repealed effective August 21, 2023 (50:16 Md. R. 726)*
- *Authority: Transportation Article, §§12-104 and 12-406, Annotated Code of Maryland*
##### **COMAR 11.15.22.13** Registration Credentials. {#sec-11.15.22.13 omnilex-key=us-md-regs-official--title-11--11.15.22.13}
A. Vehicle Identification.
(1) Issuance of Plate and Cab Cards. Upon approval of an application for apportioned registration and payment of the necessary fees, the Administration shall issue the following to Maryland based carriers:
(a) A Maryland base plate bearing the legend “apportioned”;
(b) An apportioned cab card containing the following information:
(i) Name and address of the registrant;
(ii) Make and VIN of the vehicle;
(iii) Maryland registration plate number and registered gross weight for Maryland;
(iv) Name of each jurisdiction in which apportioned and registered gross weight for each jurisdiction; and
(v) Other information as the Administration shall deem necessary.
(2) Display. Credentials issued by the Administration shall be maintained or displayed as required by Transportation Article, §§13-409 and 13-411, Annotated Code of Maryland. The cab card shall be carried in the vehicle for which it is issued.
B. Replacement of Credentials.
(1) Application. If a Maryland apportioned registration plate or cab card is defaced, lost, or stolen, the carrier shall apply for a replacement on the appropriate form furnished by the Administration accompanied by the fee provided in this chapter.
(2) Replacement at Transfer. Application for replacement of a lost or stolen registration plate may not be accepted with a registration transfer application unless the cab card is surrendered with the supplement registration application.
(3) Cab Cards. Application for replacement of a lost cab card may not be accepted at the time a supplemental registration application is filed.
C. Cancellation. The Administration may cancel or suspend apportioned registration plates, cab cards, and temporary registrations as authorized by Transportation Article, §13-705, Annotated Code of Maryland. Apportioned registration plates and cab cards shall be returned to the Administration when the registration is no longer required or is suspended or cancelled.
**History**
- *Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .03 repealed effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .05B amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .05B, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .07B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .09B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .10D repealed effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .11A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12A, B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12B amended effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12C adopted effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12B, C amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13A, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14A amended effective February 17, 2025 (52:3 Md. R. 160)*
- *Administrative History: Regulation .14A, C, L amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14E—K amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .14L amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .15A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .16A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 repealed effective August 21, 2023 (50:16 Md. R. 726)*
- *Authority: Transportation Article, §§12-104 and 12-406, Annotated Code of Maryland*
##### **COMAR 11.15.22.14** Fees. {#sec-11.15.22.14 omnilex-key=us-md-regs-official--title-11--11.15.22.14}
A. General. Registration fees for apportionable vehicle services shall be determined as follows.
(1) For Non-Dump Service Vehicles.
(a) Obtain the percentage factor for each member jurisdiction by dividing the miles travelled in each jurisdiction by the total fleet miles accrued during the reporting period. The Maryland mileage shall include the following:
(i) Mileage accrued within Maryland; and
(ii) Mileage accrued in any nonmember jurisdiction which does not apportion registration fees but which grants reciprocity.
(b) Multiply the fee for each vehicle for each jurisdiction by the percentage factor obtained in §A(1) for each jurisdiction.
(c) Add the products resulting from each computation to determine the total fee for registration of all vehicles in each jurisdiction for the registration year.
(2) For Dump Service Vehicles.
(a) Obtain the percentage factor for each member jurisdiction by dividing the miles travelled in each jurisdiction by the total fleet miles accrued during the reporting period. The Maryland mileage shall include the following:
(i) Mileage accrued within Maryland; and
(ii) Mileage accrued in any nonmember jurisdiction which does not apportion registration fees, but which grants reciprocity.
(b) Multiply the fee for each vehicle for each jurisdiction, except Maryland, by the percentage factor obtained in §A(2)(A) of this regulation for each jurisdiction.
(c) Add the total Maryland registration fee to the products resulting from each computation to determine the total fee for registration of all vehicles in each jurisdiction for the registration year.
B. Trailer and Auxiliary Axle Fees. The fee for the proportional registration fees of trailers, semitrailers, and auxiliary axles shall be computed for those jurisdictions which require it by using the same factor which determined the in-jurisdiction and total miles in §A. Since Maryland does not apportion these vehicles, the regular Maryland registration fee for trailers will be added to the apportioned fees.
C. Additional Vehicle Fees.
(1) If a vehicle is to be added to a fleet to replace a vehicle having the same registered gross weight, no additional registration fee is due to the Administration for Maryland registration. However, additional fees will be due for those jurisdictions which do not allow transfer credits.
(2) If the added vehicle is to have a higher registered gross weight than the vehicle it replaces, an additional registration fee is due, based on the difference between the registration fees of the vehicles, multiplied by the mileage percentage factor.
(3) A registration transfer fee shall be paid in all cases.
D. Weight Increase. The fee for obtaining a higher registered gross weight for a vehicle shall be determined by multiplying the difference between the fees for the old and the new weight classifications by the applicable mileage percentage factors.
E. Cab Cards. The fee for a new cab card, issued in connection with the filing of a supplemental application requiring no additional Maryland registration fees, is as set forth in COMAR 11.11.05.
F. Duplicate Cab Cards. The fee for each duplicate cab card is as set forth in COMAR 11.11.05.
G. Transfer of Registration. The fee for transfer of registration from a vehicle within an apportioned fleet to another vehicle within the same fleet or another apportioned fleet of the same carrier is as set forth in COMAR 11.11.05.
H. Temporary Authorization Certificate. The fee for each temporary authorization certificate is as set forth in COMAR 11.11.05.
I. Hunter's Permit. The fee for a hunter's permit is as set forth in COMAR 11.11.05.
J. Trip Permit. The fee for a trip permit is as set forth in COMAR 11.11.05.
K. Nontitled Fleet Registration. The fee for establishing a registration record for an apportioned vehicle not titled in this State is as set forth in COMAR 11.11.05.
L. Refunds — Maryland Fees. A refund of Maryland's apportioned registration fees will be made if any of the following occur:
(1) A billing error of a jurisdiction;
(2) A duplication of registration fees paid for the same apportioned vehicle;
(3) Payment in error of a full fee for a Maryland registration plate when only an apportioned registration is required;
(4) An overpayment as determined by audit; or
(5) A request for deletion of a vehicle listed on the original or renewal application for apportioned registration received on or before the first day of the registration year.
**History**
- *Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .03 repealed effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .05B amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .05B, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .07B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .09B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .10D repealed effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .11A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12A, B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12B amended effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12C adopted effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12B, C amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13A, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14A amended effective February 17, 2025 (52:3 Md. R. 160)*
- *Administrative History: Regulation .14A, C, L amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14E—K amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .14L amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .15A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .16A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 repealed effective August 21, 2023 (50:16 Md. R. 726)*
- *Authority: Transportation Article, §§12-104 and 12-406, Annotated Code of Maryland*
##### **COMAR 11.15.22.15** Enforcement. {#sec-11.15.22.15 omnilex-key=us-md-regs-official--title-11--11.15.22.15}
A. Enforcement Date. A Maryland apportioned registration plate shall be attached to a vehicle and the appropriate unexpired cab card carried in the vehicle.
B. Notification of Extension. If the extension of the enforcement date is necessary for any reason, the Administration will notify the law enforcement agency of each jurisdiction of the extension.
**History**
- *Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .03 repealed effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .05B amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .05B, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .07B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .09B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .10D repealed effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .11A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12A, B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12B amended effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12C adopted effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12B, C amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13A, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14A amended effective February 17, 2025 (52:3 Md. R. 160)*
- *Administrative History: Regulation .14A, C, L amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14E—K amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .14L amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .15A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .16A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 repealed effective August 21, 2023 (50:16 Md. R. 726)*
- *Authority: Transportation Article, §§12-104 and 12-406, Annotated Code of Maryland*
##### **COMAR 11.15.22.16** Records and Audits. {#sec-11.15.22.16 omnilex-key=us-md-regs-official--title-11--11.15.22.16}
A. Duty to Maintain.
(1) Operation Records. Every apportioned carrier shall maintain the operational records on which its registration application is based for a period of 3 years. Operational records include documents supporting mileage travelled in each jurisdiction and total mileage travelled, such as fuel reports, trip sheets, logs and computer runs. An acceptable source document for verification of fleet mileage shall be some type of Individual Vehicle Mileage Record which shall be completed for each movement of a vehicle and which shall contain the following:
(a) For records produced by a means other than a vehicle-tracking system:
(i) The beginning and ending dates of the trip to which the records pertain;
(ii) The origin and destination of the trip;
(iii) The route of travel;
(iv) The beginning and ending reading from the odometer, hubodometer, engine control module (ECM), or any similar device for the trip;
(v) The total distance of the trip;
(vi) The distance traveled in each jurisdiction; and
(vii) The VIN or equipment number;
(b) For records produced wholly or partly by a vehicle-tracking system, including a system based on the Global Positioning System (GPS):
(i) The original GPS or other location data for the vehicle to which the records pertain;
(ii) The date and time of each GPS or other system reading;
(iii) The location of each GPS or other system reading;
(iv) The beginning and ending reading from the odometer, hubodometer, ECM, or any similar device for the period to which the records pertain;
(v) The calculated distance between each GPS or other system reading;
(vi) The route of the vehicle’s travel;
(vii) The total distance traveled by the vehicle;
(viii) The distance traveled in each jurisdiction; and
(ix) The VIN or equipment number; and
(c) Summaries:
(i) For each month, a summary of the fleet’s operations which includes both the full distance traveled by each apportioned vehicle in the fleet during the calendar month, and the distance traveled in the month by each apportioned vehicle in each jurisdiction; and
(ii) For each calendar quarter, a summary of the fleet’s operations which includes both the full distance traveled by vehicles in the fleet during the calendar quarter, and the distance traveled in each jurisdiction by the vehicles in the fleet during the calendar quarters.
(2) Failure to Maintain Records.
(a) If the records produced by the registrant for audit do not, for the registrant’s fleet as a whole, meet the criteria or if, within 30 calendar days of the issuance of a written request by the State of Maryland, the registrant produces no records, the State shall impose on the registrant:
(i) First offense: An assessment in the amount of 20 percent of the apportionable fees paid by the registrant for the registration of its fleet in the registration year to which the records pertain;
(ii) Second offense: The Administration shall impose an assessment of 50 percent of the apportionable fees paid by the registrant for the registration of its fleet in the registration year to which the records pertain; and
(iii) Third or subsequent offense: The Administration shall impose an assessment of 100 percent of the apportionable fees paid by the registrant for the registration of its fleet in the registration year to which the records pertain.
(b) The Administration shall distribute the amounts of assessment it collects under this subsection on a pro rata basis to the other jurisdictions in which the fleet was registered.
B. Audit of Records.
(1) General. Operational records of a carrier shall be subject to audit by the Administration and shall be made available by the carrier within 30 days of notice from the Motor Carrier Services Section. The carrier shall pay any deficiency found due as the result of the audit.
(2) Out-of-State Records. If the operational records of a carrier are not located or made available in Maryland, the carrier shall pay the per diem and travel expenses of Maryland's auditors.
**History**
- *Administrative History: Effective date: June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .03 repealed effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .04B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .05B amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .05B, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .07B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .09B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .10D repealed effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .11A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12A, B amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .12B amended effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12C adopted effective August 3, 1992 (19:15 Md. R. 1391)*
- *Administrative History: Regulation .12B, C amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .13A, C amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14A amended effective February 17, 2025 (52:3 Md. R. 160)*
- *Administrative History: Regulation .14A, C, L amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .14E—K amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .14L amended effective May 26, 2020 (47:8 Md. R. 435)*
- *Administrative History: Regulation .15A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .16A amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 amended effective August 1, 2016 (43:15 Md. R. 864)*
- *Administrative History: Regulation .17 repealed effective August 21, 2023 (50:16 Md. R. 726)*
- *Authority: Transportation Article, §§12-104 and 12-406, Annotated Code of Maryland*
##### **COMAR 11.15.23.01** Scope. {#sec-11.15.23.01 omnilex-key=us-md-regs-official--title-11--11.15.23.01}
A. The Administration, in cooperation with the U.S. Department of Defense, the Maryland Department of Veterans Affairs, and appropriate representatives of the various branches of the armed forces, shall maintain a list of combat-related medals which, when awarded to an individual who registers a vehicle in this State, qualify that individual for special registration under this chapter.
B. An individual who was honorably discharged from a branch of the armed forces of the United States may apply for special registration.
C. An individual who is the surviving spouse, parent, child, or sibling of a person who served in the Armed Forces of the United States and lost their life may apply for special registration plates depicting the Gold Star.
**History**
- *Administrative History: Effective date: July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .02A amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04, Special Registration Plates for Recipients of the Purple Heart, repealed, and new Regulations .01—.06, Special Registration Plates for Recipients of Combat-Related Armed Forces Medals, adopted effective June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .02B amended effective December 29, 1997 (24:26 Md. R. 1759)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .01B amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .01D adopted effective October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective May 23, 2005 (32:10 Md. R. 925)*
- *Administrative History: Regulation .04 amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .04H repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .05 amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .07 adopted effective December 7, 2006 (33:24 Md. R. 1906)*
- *Authority: Transportation Article, §§12-104(b) and 13-619.1, Annotated Code of Maryland*
##### **COMAR 11.15.23.02** Eligible Classes of Vehicles — Repealed. {#sec-11.15.23.02 omnilex-key=us-md-regs-official--title-11--11.15.23.02}
**History**
- *Administrative History: Effective date: July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .02A amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04, Special Registration Plates for Recipients of the Purple Heart, repealed, and new Regulations .01—.06, Special Registration Plates for Recipients of Combat-Related Armed Forces Medals, adopted effective June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .02B amended effective December 29, 1997 (24:26 Md. R. 1759)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .01B amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .01D adopted effective October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective May 23, 2005 (32:10 Md. R. 925)*
- *Administrative History: Regulation .04 amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .04H repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .05 amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .07 adopted effective December 7, 2006 (33:24 Md. R. 1906)*
- *Authority: Transportation Article, §§12-104(b) and 13-619.1, Annotated Code of Maryland*
##### **COMAR 11.15.23.03** Fees. {#sec-11.15.23.03 omnilex-key=us-md-regs-official--title-11--11.15.23.03}
A. In addition to the annual registration fee required for a vehicle, a nonrefundable fee as set forth in COMAR 11.11.05 shall be paid for special registration plates under this chapter.
B. The nonrefundable fee shall be assessed each time new or substitute special registration plates are issued.
**History**
- *Administrative History: Effective date: July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .02A amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04, Special Registration Plates for Recipients of the Purple Heart, repealed, and new Regulations .01—.06, Special Registration Plates for Recipients of Combat-Related Armed Forces Medals, adopted effective June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .02B amended effective December 29, 1997 (24:26 Md. R. 1759)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .01B amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .01D adopted effective October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective May 23, 2005 (32:10 Md. R. 925)*
- *Administrative History: Regulation .04 amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .04H repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .05 amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .07 adopted effective December 7, 2006 (33:24 Md. R. 1906)*
- *Authority: Transportation Article, §§12-104(b) and 13-619.1, Annotated Code of Maryland*
##### **COMAR 11.15.23.04** Special Registration Number and Plates. {#sec-11.15.23.04 omnilex-key=us-md-regs-official--title-11--11.15.23.04}
A. A special registration number as specified by the Administration and assigned under this chapter consists of a logo depicting the medal, the alpha characters CR, five numeric characters, and the name, initials, or abbreviation of the name of the medal awarded on the bottom of the special registration plates, unless otherwise specified in this regulation.
B. Individuals awarded the Medal of Honor or the Purple Heart or who are honorably discharged veterans shall be assigned special registration plates depicting the Medal of Honor and the alpha characters MH or a Purple Heart Medal and the alpha characters PH. The bottom of the special registration plates shall reflect the Medal of Honor or Purple Heart respectively.
C. Individuals who are honorably discharged veterans of the Armed Forces of the United States shall be assigned special registration plates depicting the American flag, the alpha characters HDV, and the words Honorably Discharged Veteran on the bottom of the plates.
D. Individuals awarded the Combat Infantry Badge shall be assigned special registration plates depicting the Combat Infantry Insignia, the alpha characters CIB, and the words Combat Infantry on the bottom of the plates.
E. Individuals who are veterans of World Ward II shall be assigned special registration plates depicting the World War II Victory Medal, the alpha characters WWV, and the words World War II Veteran on the bottom of the plates.
F. Special registration plates depicting the Gold Star shall have the alpha characters GS, and the words Gold Star on the bottom of the plates.
G. A special registration plate issued for a Class D motorcycle may not have the words describing the medal printed across the bottom of the plate.
H. Upon receipt of the special registration plates, the individual shall return previously issued registration plates to any Administration office for cancellation of the previous registration.
**History**
- *Administrative History: Effective date: July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .02A amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04, Special Registration Plates for Recipients of the Purple Heart, repealed, and new Regulations .01—.06, Special Registration Plates for Recipients of Combat-Related Armed Forces Medals, adopted effective June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .02B amended effective December 29, 1997 (24:26 Md. R. 1759)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .01B amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .01D adopted effective October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective May 23, 2005 (32:10 Md. R. 925)*
- *Administrative History: Regulation .04 amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .04H repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .05 amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .07 adopted effective December 7, 2006 (33:24 Md. R. 1906)*
- *Authority: Transportation Article, §§12-104(b) and 13-619.1, Annotated Code of Maryland*
##### **COMAR 11.15.23.05** Certification of Combat-Related Medal. {#sec-11.15.23.05 omnilex-key=us-md-regs-official--title-11--11.15.23.05}
The owner, co-owner, or lessee of the vehicle to be registered under this chapter shall provide proof that is satisfactory to the Administration with the application for registration as follows:
A. For a combat-related registration, proof shall be one of the following:
(1) Copy of military discharge record (Form DD 214);
(2) Copy of permanent combat-related award certificate; or
(3) Written proof from the National Personnel Records Center that the owner, co-owner, or lessee of the vehicle has been awarded the combat-related medal or qualifies for other combat-related plates under this chapter;
B. For an honorably discharged veteran registration, proof shall be a copy of the military record (Form DD 214) evidencing an honorable discharge; or
C. For a Gold Star registration, proof shall be one of the following;
(1) Copy of the application for a Gold Star Lapel Button (Form DD-3) approved by the Department of Defense;
(2) Copy of the casualty report issued by the military indicating the name and date of death;
(3) Copy of an overseas death certificate issued by the military indicating the name and date of death; or
(4) Self-certification by the applicant for a casualty that occurred in World War I, World War II, or the Korean War.
**History**
- *Administrative History: Effective date: July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .02A amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04, Special Registration Plates for Recipients of the Purple Heart, repealed, and new Regulations .01—.06, Special Registration Plates for Recipients of Combat-Related Armed Forces Medals, adopted effective June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .02B amended effective December 29, 1997 (24:26 Md. R. 1759)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .01B amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .01D adopted effective October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective May 23, 2005 (32:10 Md. R. 925)*
- *Administrative History: Regulation .04 amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .04H repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .05 amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .07 adopted effective December 7, 2006 (33:24 Md. R. 1906)*
- *Authority: Transportation Article, §§12-104(b) and 13-619.1, Annotated Code of Maryland*
##### **COMAR 11.15.23.06** Cancellation of Registration. {#sec-11.15.23.06 omnilex-key=us-md-regs-official--title-11--11.15.23.06}
The Administration has the right to suspend a registration granted under this chapter if the applicant for registration is found, after hearing, to have perpetrated a fraud against the Administration in obtaining the special registration.
**History**
- *Administrative History: Effective date: July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .02A amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04, Special Registration Plates for Recipients of the Purple Heart, repealed, and new Regulations .01—.06, Special Registration Plates for Recipients of Combat-Related Armed Forces Medals, adopted effective June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .02B amended effective December 29, 1997 (24:26 Md. R. 1759)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .01B amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .01D adopted effective October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective May 23, 2005 (32:10 Md. R. 925)*
- *Administrative History: Regulation .04 amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .04H repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .05 amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .07 adopted effective December 7, 2006 (33:24 Md. R. 1906)*
- *Authority: Transportation Article, §§12-104(b) and 13-619.1, Annotated Code of Maryland*
##### **COMAR 11.15.23.07** Retention of Special Registration Plates. {#sec-11.15.23.07 omnilex-key=us-md-regs-official--title-11--11.15.23.07}
A. A family member of the deceased owner of special registration plates issued under Transportation Article, §13-619.1, Annotated Code of Maryland, may retain the special registration plate displayed on the front of the deceased owner's vehicle as a keepsake after providing satisfactory proof that the:
(1) Owner of the special registration plates is deceased;
(2) Special registration plates have been cancelled or are expired; and
(3) Special registration plate with the validation tabs displayed on the rear of the deceased owner's vehicle has been surrendered to the Administration.
B. A special registration plate retained under the provisions of this regulation may not be displayed on any vehicle.
**History**
- *Administrative History: Effective date: July 9, 1990 (17:13 Md. R. 1612)*
- *Administrative History: Regulation .02A amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04, Special Registration Plates for Recipients of the Purple Heart, repealed, and new Regulations .01—.06, Special Registration Plates for Recipients of Combat-Related Armed Forces Medals, adopted effective June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .02B amended effective December 29, 1997 (24:26 Md. R. 1759)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 9, 2000 (26:27 Md. R. 2015)*
- *Administrative History: Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .01B amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .01D adopted effective October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective May 23, 2005 (32:10 Md. R. 925)*
- *Administrative History: Regulation .04 amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .04H repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .05 amended effective May 23, 2005 (32:10 Md. R. 925); October 20, 2008 (35:21 Md. R. 1825)*
- *Administrative History: Regulation .07 adopted effective December 7, 2006 (33:24 Md. R. 1906)*
- *Authority: Transportation Article, §§12-104(b) and 13-619.1, Annotated Code of Maryland*
### **11.15.24** Proportional Registration of Rental Vehicles
##### **COMAR 11.15.24.01** Purpose. {#sec-11.15.24.01 omnilex-key=us-md-regs-official--title-11--11.15.24.01}
It is the purpose of these regulations to promote and encourage the fullest possible use of the highway system, and recognize the benefits which accrue to the economy of this State from the uninterrupted flow of commerce by authorizing the proportional registration of fleets of rental vehicles and extending reciprocity to properly registered fleets.
**History**
- *Administrative History: Effective date: July 23, 1990 (17:14 Md. R. 1759)*
- *Administrative History: Regulation .05 amended effective February 4, 2013 (40:2 Md. R. 73)*
- *Administrative History: Regulation .08 amended effective December 21, 1992 (19:25 Md. R. 2207)*
- *Administrative History: Regulation .08A amended effective February 4, 2013 (40:2 Md. R. 73)*
- *Authority: Transportation Article, §§11-148.1, 12-104(b), 12-405—12-407, 12-409, and 13-402, Annotated Code of Maryland*
##### **COMAR 11.15.24.02** Scope. {#sec-11.15.24.02 omnilex-key=us-md-regs-official--title-11--11.15.24.02}
The provisions of these regulations extend to fleets of rental vehicles that are rented or offered for rental without drivers.
**History**
- *Administrative History: Effective date: July 23, 1990 (17:14 Md. R. 1759)*
- *Administrative History: Regulation .05 amended effective February 4, 2013 (40:2 Md. R. 73)*
- *Administrative History: Regulation .08 amended effective December 21, 1992 (19:25 Md. R. 2207)*
- *Administrative History: Regulation .08A amended effective February 4, 2013 (40:2 Md. R. 73)*
- *Authority: Transportation Article, §§11-148.1, 12-104(b), 12-405—12-407, 12-409, and 13-402, Annotated Code of Maryland*
##### **COMAR 11.15.24.03** Definitions. {#sec-11.15.24.03 omnilex-key=us-md-regs-official--title-11--11.15.24.03}
A. In these regulations, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Owner” means a person in whose name or names a vehicle is properly registered.
(3) “Person” means an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind and any partnership, firm, association, public or private corporation, or other entity.
(4) “Preceding year” means the period of 12 consecutive months immediately before September 1st of the year immediately preceding the beginning of the registration year for which proportional registration is sought.
(5) “Rental fleet” means five or more rental vehicles which are rented or offered for rent without drivers and are designated by a rental owner as a rental fleet.
(6) “Rental owner” means an owner principally engaged, with respect to one or more rental fleets, in renting or offering for re-rental to others the vehicles of these fleets without drivers.
(7) “Rental vehicle” means any vehicle that is part of a rental fleet.
(8) “Renting” means the giving or possession and control of a rental vehicle for valuable consideration for a specified period of time not to exceed 180 days.
(9) “State” means a state of the United States, the District of Columbia, or a province or territory of Canada.
**History**
- *Administrative History: Effective date: July 23, 1990 (17:14 Md. R. 1759)*
- *Administrative History: Regulation .05 amended effective February 4, 2013 (40:2 Md. R. 73)*
- *Administrative History: Regulation .08 amended effective December 21, 1992 (19:25 Md. R. 2207)*
- *Administrative History: Regulation .08A amended effective February 4, 2013 (40:2 Md. R. 73)*
- *Authority: Transportation Article, §§11-148.1, 12-104(b), 12-405—12-407, 12-409, and 13-402, Annotated Code of Maryland*
##### **COMAR 11.15.24.04** Reciprocity Extended to Rental Vehicles. {#sec-11.15.24.04 omnilex-key=us-md-regs-official--title-11--11.15.24.04}
A rental vehicle owned by any person, and which travels in interstate service, shall be extended full privileges to operate on highways in this State if the:
A. Vehicles of the rental fleet are titled and registered in Maryland;
B. Rental fleet is titled and registered in accordance with the provisions of Regulation .05; or
C. Rental fleet is fully registered under the International Registration Plan.
**History**
- *Administrative History: Effective date: July 23, 1990 (17:14 Md. R. 1759)*
- *Administrative History: Regulation .05 amended effective February 4, 2013 (40:2 Md. R. 73)*
- *Administrative History: Regulation .08 amended effective December 21, 1992 (19:25 Md. R. 2207)*
- *Administrative History: Regulation .08A amended effective February 4, 2013 (40:2 Md. R. 73)*
- *Authority: Transportation Article, §§11-148.1, 12-104(b), 12-405—12-407, 12-409, and 13-402, Annotated Code of Maryland*
##### **COMAR 11.15.24.05** Proportional Registration of Rental Motor Vehicles. {#sec-11.15.24.05 omnilex-key=us-md-regs-official--title-11--11.15.24.05}
A. A rental fleet may be proportionally registered if the rental:
(1) Vehicles are identifiable as part of the designated rental fleet; and
(2) Fleet is maintained by the rental owner in two or more states from which vehicles of the rental fleet are rented or offered for rent.
B. An applicant for proportional registration of a rental fleet shall file an application with the Administration on the form required by the Administration.
C. The application shall contain information disclosed under oath, and as required by the Administration, to determine the eligibility of the applicant for proportional registration. The application shall contain such other information as may be required by the Administration for the proper registration of the rental fleet.
D. Applications shall be filed on the date specified by the Administration, and fees shall be paid on the vehicles to be registered in this State as determined by §§E and F.
E. The percentage of the total number of rental vehicles in a rental fleet, as determined in §F, shall be fully registered and titled in this State.
F. The percentage to be fully registered and titled shall be determined by dividing the gross revenue received in the preceding year for the use of the rental vehicles arising from all motor vehicle rental transactions occurring in this State by the total gross revenue received in the preceding year for the use of the rental vehicles arising from all rental transactions occurring in all jurisdictions in which the rental fleet is operated. That percentage of the total number of rental vehicles in the rental fleet, rounded off to the nearest whole number, shall be fully registered and titled in Maryland.
G. When vehicles are added to the fleet after the first day of the licensing year, the same percentage factor used at the beginning of that licensing year shall be used in determining the number of additional vehicles required to be registered in Maryland.
H. After an application has been approved, and upon payment of the appropriate fees, the Administration shall issue:
(1) The registration plates or validation stickers; and
(2) A registration card which identifies the vehicle as part of a rental fleet.
I. The registration card shall be carried at all times in or upon the vehicle for which it has been issued.
**History**
- *Administrative History: Effective date: July 23, 1990 (17:14 Md. R. 1759)*
- *Administrative History: Regulation .05 amended effective February 4, 2013 (40:2 Md. R. 73)*
- *Administrative History: Regulation .08 amended effective December 21, 1992 (19:25 Md. R. 2207)*
- *Administrative History: Regulation .08A amended effective February 4, 2013 (40:2 Md. R. 73)*
- *Authority: Transportation Article, §§11-148.1, 12-104(b), 12-405—12-407, 12-409, and 13-402, Annotated Code of Maryland*
##### **COMAR 11.15.24.06** Insurance. {#sec-11.15.24.06 omnilex-key=us-md-regs-official--title-11--11.15.24.06}
Vehicles rented or leased in Maryland, regardless of the state of registration, shall have and maintain automobile liability insurance in compliance with Transportation Article, Titles 17 and 18, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: July 23, 1990 (17:14 Md. R. 1759)*
- *Administrative History: Regulation .05 amended effective February 4, 2013 (40:2 Md. R. 73)*
- *Administrative History: Regulation .08 amended effective December 21, 1992 (19:25 Md. R. 2207)*
- *Administrative History: Regulation .08A amended effective February 4, 2013 (40:2 Md. R. 73)*
- *Authority: Transportation Article, §§11-148.1, 12-104(b), 12-405—12-407, 12-409, and 13-402, Annotated Code of Maryland*
##### **COMAR 11.15.24.07** New Operations. {#sec-11.15.24.07 omnilex-key=us-md-regs-official--title-11--11.15.24.07}
A. The initial application for proportional registration shall state the revenue data for the preceding year with respect to the rental fleet.
B. If no operations were conducted with the rental fleet during the preceding year, the application shall contain a full statement of the proposed method of operation and an estimate of the revenue of each state.
C. The Administration may adjust the estimate in the application if the estimated numbers are incorrect or unreasonably forecast.
**History**
- *Administrative History: Effective date: July 23, 1990 (17:14 Md. R. 1759)*
- *Administrative History: Regulation .05 amended effective February 4, 2013 (40:2 Md. R. 73)*
- *Administrative History: Regulation .08 amended effective December 21, 1992 (19:25 Md. R. 2207)*
- *Administrative History: Regulation .08A amended effective February 4, 2013 (40:2 Md. R. 73)*
- *Authority: Transportation Article, §§11-148.1, 12-104(b), 12-405—12-407, 12-409, and 13-402, Annotated Code of Maryland*
##### **COMAR 11.15.24.08** Preservation of Records and Audit. {#sec-11.15.24.08 omnilex-key=us-md-regs-official--title-11--11.15.24.08}
A. Records.
(1) An owner whose application for proportional registration has been accepted shall preserve the records on which the application is based for a period of 3 years after the close of the registration year.
(2) The records shall be made available upon request and during normal business hours to representatives of the Administration, for audit as to the records' accuracy.
(3) If the records are not available to substantiate the information shown on the owner's application, the Administration shall give the owner 30 days written notice to provide the records.
(4) Monthly and yearly records shall be maintained to accurately reflect the inventory count and Maryland registrations. Inventory records shall include a:
(a) Count of the vehicles not rented, located in each jurisdiction, at the time of the inventory count;
(b) Count of the entire fleet owned or operated, whether rented or not rented, at the time of the inventory count; and
(c) Listing of registration plate numbers and dates purchased each year.
(5) Registration records and cancelled checks representing payment for license plates purchased or renewed shall be available for auditor review.
B. Audit.
(1) After reviewing the records in §A of this regulation, the Administration shall determine if any deficiencies exist, and shall advise the owner of any necessary corrective measures.
(2) Failure to correct any deficiencies may result in the suspension of all registrations issued to an owner.
C. Hearing. Before a suspension of a registration issued under these regulations, an owner may request a hearing under the provisions of State Government Article, §§10-201—10-217, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: July 23, 1990 (17:14 Md. R. 1759)*
- *Administrative History: Regulation .05 amended effective February 4, 2013 (40:2 Md. R. 73)*
- *Administrative History: Regulation .08 amended effective December 21, 1992 (19:25 Md. R. 2207)*
- *Administrative History: Regulation .08A amended effective February 4, 2013 (40:2 Md. R. 73)*
- *Authority: Transportation Article, §§11-148.1, 12-104(b), 12-405—12-407, 12-409, and 13-402, Annotated Code of Maryland*
### **11.15.25** Certificate of Origin
##### **COMAR 11.15.25.01** Definition. {#sec-11.15.25.01 omnilex-key=us-md-regs-official--title-11--11.15.25.01}
In this chapter, “certificate of origin” has the meaning stated in Transportation Article, §13-101, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1307)*
- *Authority: Transportation Article, §§12-104(b), 13-101, and 13-104.1(1), Annotated Code of Maryland*
##### **COMAR 11.15.25.02** Uniform Manufacturer's Certificate of Origin. {#sec-11.15.25.02 omnilex-key=us-md-regs-official--title-11--11.15.25.02}
A. The Manufacturer's Certificate of Origin for a new motor vehicle shall have the security features and be in the form recommended by the American Association of Motor Vehicle Administrators.
B. A distributor of motor vehicles, licensed under Transportation Article, Title 15, Annotated Code of Maryland, may issue the uniform certificate of origin on behalf of the manufacturer of a new motor vehicle.
C. The Manufacturer’s Certificate of Origin for trailers, with a gross vehicle weight of 3,000 pounds or less, may be exempt from the security features required in §A of this regulation.
**History**
- *Administrative History: Effective date: November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1307)*
- *Authority: Transportation Article, §§12-104(b), 13-101, and 13-104.1(1), Annotated Code of Maryland*
##### **COMAR 11.15.25.03** Return of Certificate of Origin. {#sec-11.15.25.03 omnilex-key=us-md-regs-official--title-11--11.15.25.03}
The Administration may not return a certificate of origin unless the certificate of origin accompanies an application for title reflecting a vehicle different than the vehicle actually sold.
**History**
- *Administrative History: Effective date: November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective October 15, 2012 (39:20 Md. R. 1307)*
- *Authority: Transportation Article, §§12-104(b), 13-101, and 13-104.1(1), Annotated Code of Maryland*
### **11.15.26** Refund of Excise Tax
##### **COMAR 11.15.26.01** Definitions. {#sec-11.15.26.01 omnilex-key=us-md-regs-official--title-11--11.15.26.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Consumer” has the meaning stated in Commercial Law Article, §14-1501(b), Annotated Code of Maryland.
(3) “Owner” has the meaning stated in Transportation Article, §11-143, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Chapter revised effective June 5, 1995 (22:11 Md. R. 822)*
- *Authority: Transportation Article, §§12-104(b), 13-808, and 13-817, Annotated Code of Maryland*
##### **COMAR 11.15.26.02** Refund of Excise Tax. {#sec-11.15.26.02 omnilex-key=us-md-regs-official--title-11--11.15.26.02}
The Administration may not refund an excise tax collected under Transportation Article, §13-809, Annotated Code of Maryland, except under the following conditions:
A. The return of a vehicle under Commercial Law Article, §14-1502, Annotated Code of Maryland;
B. A determination by the Administration that an overpayment of excise tax has been made as a result of an error in the computation of tax at the time the vehicle is titled; or
C. The acceptance, by voluntary agreement, of the return of a vehicle by a dealer from a consumer or owner within 60 days from the date of sale, provided the vehicle is not being accepted for purposes of trade in exchange for another vehicle.
**History**
- *Administrative History: Effective date: November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Chapter revised effective June 5, 1995 (22:11 Md. R. 822)*
- *Authority: Transportation Article, §§12-104(b), 13-808, and 13-817, Annotated Code of Maryland*
##### **COMAR 11.15.26.03** Excise Tax — Replacement Vehicle. {#sec-11.15.26.03 omnilex-key=us-md-regs-official--title-11--11.15.26.03}
A. The Administration shall allow a credit for any excise tax paid by a consumer or owner for a vehicle returned under Regulation .02A and C of this chapter towards the excise tax imposed for a replacement vehicle.
B. If the excise tax on the replacement vehicle exceeds that paid on the returned vehicle, the consumer or owner shall pay the difference to the dealer.
C. If the excise tax on the replacement vehicle is less than that paid on the returned vehicle, the Administration shall refund the difference to the consumer or owner.
**History**
- *Administrative History: Effective date: November 8, 1993 (20:22 Md. R. 1708)*
- *Administrative History: Chapter revised effective June 5, 1995 (22:11 Md. R. 822)*
- *Authority: Transportation Article, §§12-104(b), 13-808, and 13-817, Annotated Code of Maryland*
### **11.15.27** Four or More Axle Dump Service Vehicles
##### **COMAR 11.15.27.01** Scope and Application. {#sec-11.15.27.01 omnilex-key=us-md-regs-official--title-11--11.15.27.01}
A. Operating Requirements. This chapter establishes the:
(1) Operating requirements for a vehicle with four or more axles, one of which shall be a lift axle, operating with a dump service registration at a maximum 70,000 pound gross vehicle weight (GVW); and
(2) Requirements for the lift axle to be used on this vehicle.
B. A new manufactured or modified vehicle subject to these regulations shall meet or exceed all applicable federal Motor Vehicle Safety Standards (49 CFR 393, 567, and 568) and appropriate State safety laws and standards.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.08 adopted as an emergency provision effective January 1, 1995 (22:2 Md. R. 74); emergency status extended to August 29, 1995 (22:9 Md. R. 643)*
- *Administrative History: Regulations .01—.08 adopted effective August 14, 1995 (22:16 Md. R. 1222)*
- *Administrative History: Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .04 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .07A, B amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Authority: Transportation Article, §§12-104(b) and 13-919, Annotated Code of Maryland*
##### **COMAR 11.15.27.02** Definitions. {#sec-11.15.27.02 omnilex-key=us-md-regs-official--title-11--11.15.27.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Authorized dealer” means a Maryland dealer licensed as a truck inspection station.
(2) “Dump service registration” means registration of a vehicle under the provisions of Transportation Article, §13-919, Annotated Code of Maryland.
(3) “Gross vehicle weight (GVW)” means the total vehicle weight, including load, as designated by the vehicle manufacturer.
(4) “Lift axle” means a variable load suspension axle that can be raised and lowered, and is capable of carrying a minimum axle load of 13,500 pounds to support the weight of a loaded vehicle operating with a gross vehicle weight of 70,000 pounds, with a maximum tolerance of minus 1,500 pounds when the lift axle is fully engaged.
(5) “Second-stage manufacturer” means a person who performs operations on an incomplete vehicle, or retrofits an existing vehicle, so that it becomes a complete vehicle in accordance with these regulations and with Transportation Article, §13-919, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.08 adopted as an emergency provision effective January 1, 1995 (22:2 Md. R. 74); emergency status extended to August 29, 1995 (22:9 Md. R. 643)*
- *Administrative History: Regulations .01—.08 adopted effective August 14, 1995 (22:16 Md. R. 1222)*
- *Administrative History: Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .04 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .07A, B amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Authority: Transportation Article, §§12-104(b) and 13-919, Annotated Code of Maryland*
##### **COMAR 11.15.27.03** Incorporation by Reference. {#sec-11.15.27.03 omnilex-key=us-md-regs-official--title-11--11.15.27.03}
In this chapter, 49 CFR 393, 567, and 568 (1993) are incorporated by reference.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.08 adopted as an emergency provision effective January 1, 1995 (22:2 Md. R. 74); emergency status extended to August 29, 1995 (22:9 Md. R. 643)*
- *Administrative History: Regulations .01—.08 adopted effective August 14, 1995 (22:16 Md. R. 1222)*
- *Administrative History: Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .04 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .07A, B amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Authority: Transportation Article, §§12-104(b) and 13-919, Annotated Code of Maryland*
##### **COMAR 11.15.27.04** Three-Axle Vehicles — Repealed. {#sec-11.15.27.04 omnilex-key=us-md-regs-official--title-11--11.15.27.04}
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.08 adopted as an emergency provision effective January 1, 1995 (22:2 Md. R. 74); emergency status extended to August 29, 1995 (22:9 Md. R. 643)*
- *Administrative History: Regulations .01—.08 adopted effective August 14, 1995 (22:16 Md. R. 1222)*
- *Administrative History: Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .04 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .07A, B amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Authority: Transportation Article, §§12-104(b) and 13-919, Annotated Code of Maryland*
##### **COMAR 11.15.27.05** Lift Axle and Vehicle Design Requirements. {#sec-11.15.27.05 omnilex-key=us-md-regs-official--title-11--11.15.27.05}
A. New Vehicle.
(1) The lift axle installed on a vehicle shall have a manufacturer's, second-stage manufacturer's, or authorized dealer's certification to carry a minimum axle load of 13,500 pounds, with a maximum tolerance of minus 1,500 pounds, or higher if the load imposed by design is greater.
(2) The lift axle shall be designed to ensure sufficient air pressure which will maintain a minimum axle load capacity of 13,500 pounds, with a maximum tolerance of minus 1,500 pounds, when fully engaged on an evenly loaded vehicle with a GVW of 70,000 pounds.
(3) All components on the vehicle shall be certified by the manufacturer, second-stage manufacturer, or authorized dealer that they are of a design and type capable of safely carrying the load induced by a four or more axle vehicle with a minimum load capacity of 13,500 pounds, with a maximum tolerance of minus 1,500, pounds on the lift axle when fully engaged at 70,000 pounds.
(4) The lift axle shall be designed so that when in the down position the axle can only be fully engaged.
(5) Switches and Controls.
(a) A switch capable of only fully engaging or disengaging the lift axle may be located in the cab of the vehicle.
(b) An air pressure adjustment control may not be located in the cab of the vehicle.
(6) A standard automotive air pressure valve for the lift axle shall:
(a) Be supplied on each vehicle that uses a lift axle;
(b) Have an external valve stem;
(c) Be located on the outside of the passenger side of the vehicle towards the rear of the cab; and
(d) Be readily accessible and visible for examination.
(7) A vehicle shall be certified by a manufacturer, second-stage manufacturer, or authorized dealer to be in compliance with the provisions of this section.
B. Existing Vehicles.
(1) All components including a lift axle added on a retrofitted vehicle shall meet the design requirements specified in §A of this regulation.
(2) The owner of a retrofitted vehicle shall comply with the provisions of COMAR 11.15.20.05.
**Cross References**
11.15.27.06A
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.08 adopted as an emergency provision effective January 1, 1995 (22:2 Md. R. 74); emergency status extended to August 29, 1995 (22:9 Md. R. 643)*
- *Administrative History: Regulations .01—.08 adopted effective August 14, 1995 (22:16 Md. R. 1222)*
- *Administrative History: Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .04 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .07A, B amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Authority: Transportation Article, §§12-104(b) and 13-919, Annotated Code of Maryland*
##### **COMAR 11.15.27.06** Certification. {#sec-11.15.27.06 omnilex-key=us-md-regs-official--title-11--11.15.27.06}
A. Certification of compliance with Regulation .05 of this chapter shall be:
(1) Documented on letterhead stationery by the manufacturer, second-stage manufacturer, or authorized dealer and shall include, in addition to information required by 49 CFR §§567.4 and 567.5:
(a) The lift axle air pressure in pounds per square inch for an axle load of 12,000 pounds when the vehicle is evenly loaded between 65,000 and 70,000 pounds GVW, and
(b) The manufacturer's, second-stage manufacturer's, or authorized dealer's license number; and
(2) Carried in the vehicle at all times and produced upon the demand of a law enforcement officer.
B. The certification completed by the manufacturer, second-stage manufacturer, or authorized dealer in accordance with the provisions of §A of this regulation shall be submitted to the Motor Vehicle Administration at the time of registration.
C. The owner of a vehicle, when applying for a dump service registration, shall certify that the vehicle shall be operated in compliance with the requirements of these regulations and complies with the provisions of COMAR 11.15.20.05.
**Cross References**
11.15.27.08B
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.08 adopted as an emergency provision effective January 1, 1995 (22:2 Md. R. 74); emergency status extended to August 29, 1995 (22:9 Md. R. 643)*
- *Administrative History: Regulations .01—.08 adopted effective August 14, 1995 (22:16 Md. R. 1222)*
- *Administrative History: Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .04 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .07A, B amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Authority: Transportation Article, §§12-104(b) and 13-919, Annotated Code of Maryland*
##### **COMAR 11.15.27.07** Vehicle Operation. {#sec-11.15.27.07 omnilex-key=us-md-regs-official--title-11--11.15.27.07}
A. The lift axle shall be fully engaged by a dump service vehicle, which is registered for 70,000 pounds, when operating with a GVW above 55,000 pounds.
B. Lift Axle Loading Requirements.
(1) When fully engaged in accordance with §A of this regulation, the lift axle shall have certified air pressure to assure the minimum load of 13,500 pounds with a maximum tolerance of minus 1,500 pounds for an evenly loaded vehicle with a GVW of 70,000 pounds.
(2) A vehicle operating with a GVW of less than 70,000 pounds but more than 55,000 pounds shall have a minimum lift axle loading of:
(a) 10,000 pounds for GVW of 65,000 to 69,999 pounds; and
(b) 8,000 pounds for GVW of greater than 55,000 to 64,999 pounds.
C. The lift axle may be disengaged during:
(1) Turns at intersections;
(2) Turns at sharp curves with a posted speed limit of 15 mph or less;
(3) Entering and exiting delivery or loading locations;
(4) Movement on driveways;
(5) Unloading; or
(6) Travel on routes with a snow emergency declared in accordance with Transportation Article, §21-1119, Annotated Code of Maryland.
D. A lift axle disengaged under §C of this regulation may be disengaged for 1/4 mile before and 1/4 mile after the authorized raising of the lift axle during operation.
**Cross References**
11.15.27.08B
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.08 adopted as an emergency provision effective January 1, 1995 (22:2 Md. R. 74); emergency status extended to August 29, 1995 (22:9 Md. R. 643)*
- *Administrative History: Regulations .01—.08 adopted effective August 14, 1995 (22:16 Md. R. 1222)*
- *Administrative History: Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .04 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .07A, B amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Authority: Transportation Article, §§12-104(b) and 13-919, Annotated Code of Maryland*
##### **COMAR 11.15.27.08** Enforcement. {#sec-11.15.27.08 omnilex-key=us-md-regs-official--title-11--11.15.27.08}
A. A dump service registration vehicle registered for 70,000 pounds GVW, traveling with a GVW over 55,000 pounds without the lift axle being fully engaged shall be in violation of Maryland law and subject to a recommended fine of $500.
B. A dump service registration vehicle that is operating over 55,000 pounds GVW and displaying the proper reading on the air pressure gauge in accordance with the provisions of Regulation .06A of this chapter, but found to have a weight below the minimum required on the lift axle, as specified in Regulation .07B of this chapter, shall receive a safety equipment repair order, as defined in COMAR 11.14.01.01B(17), for an inaccurate lift axle air/weight ratio.
C. A dump service registration vehicle that receives a safety equipment repair order in accordance with the provisions of §B of this regulation shall be inspected during normal business hours by:
(1) A Maryland manufacturer;
(2) A Maryland second-stage manufacturer;
(3) An authorized dealer;
(4) A Maryland licensed truck inspection station; or
(5) A State-operated weight facility.
D. A dump service registration vehicle suspected of operating in violation of §A of this regulation may be weighed by a law enforcement officer.
E. Enforcement of Air Pressure Requirements.
(1) Enforcement of proper lift axle air pressure shall be by measuring pounds of air pressure on the lift axle and comparing this figure with the air pressure certificate.
(2) The air pressure gauge used for enforcement shall:
(a) Have an accuracy of ±0.5 pound per square inch;
(b) Be measured in 1 pound increments between 0 and 100 pounds;
(c) Be equipped with an air pressure release system capable of retaining the reading until purged; and
(d) Have calibration traceable to the National Institute of Standards and Technology.
(3) The air pressure gauge used under the provisions of §E(2) of this regulation may be calibrated on a daily basis and shall be certified on not less than a semiannual basis.
F. If a law enforcement officer determines that the lift axle is operating below the required minimum air pressure and in violation of Maryland law, a citation may be issued with the recommended fine in accordance with the schedule shown below:
| Pounds below certification designation | Fine |
| --- | --- |
| (1) 1 to 4 | $50; |
| (2) 5 to 10 | $250; |
| (3) 11 or more | $500. |
**Cross References**
11.14.01.04C
11.14.01.07J
11.14.01.16E
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.08 adopted as an emergency provision effective January 1, 1995 (22:2 Md. R. 74); emergency status extended to August 29, 1995 (22:9 Md. R. 643)*
- *Administrative History: Regulations .01—.08 adopted effective August 14, 1995 (22:16 Md. R. 1222)*
- *Administrative History: Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .04 repealed effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .07A, B amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 725)*
- *Authority: Transportation Article, §§12-104(b) and 13-919, Annotated Code of Maryland*
##### **COMAR 11.15.28.01** Scope. {#sec-11.15.28.01 omnilex-key=us-md-regs-official--title-11--11.15.28.01}
This chapter establishes procedures governing the suspension or nonrenewal by the Administration of vehicle registrations for the failure to pay a notice of toll due, pursuant to Transportation Article, §§21-1414 and 27-110, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective September 1, 2013 (40:19 Md. R. 1541); revised permanently effective October 28, 2013 (40:21 Md. R. 1779)*
- *Administrative History: Regulation .03C amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .04C amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Authority: Transportation Article, §§12-104(b), 21-1414, and 27-110, Annotated Code of Maryland*
##### **COMAR 11.15.28.02** Definitions. {#sec-11.15.28.02 omnilex-key=us-md-regs-official--title-11--11.15.28.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) "Authority" means the Maryland Transportation Authority or its designated agent.
(3) “Toll violation” has the meaning stated in Transportation Article, §21-1414(a)(9), Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective September 1, 2013 (40:19 Md. R. 1541); revised permanently effective October 28, 2013 (40:21 Md. R. 1779)*
- *Administrative History: Regulation .03C amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .04C amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Authority: Transportation Article, §§12-104(b), 21-1414, and 27-110, Annotated Code of Maryland*
##### **COMAR 11.15.28.03** Request for Nonrenewal. {#sec-11.15.28.03 omnilex-key=us-md-regs-official--title-11--11.15.28.03}
A. The Administration shall refuse the registration of any motor vehicle incurring a toll violation upon notification from the Authority.
B. The registered owner of a vehicle shall resolve with the Authority all outstanding toll violations, including fees and fines.
C. The Administration may renew or transfer the vehicle registration only after the Authority notifies the Administration in accordance with COMAR 11.07.07.08A(1)(b).
**Cross References**
11.07.07.08A(1)(a)
11.07.07.08A(1)(c)
**History**
- *Administrative History: Effective date: October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective September 1, 2013 (40:19 Md. R. 1541); revised permanently effective October 28, 2013 (40:21 Md. R. 1779)*
- *Administrative History: Regulation .03C amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .04C amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Authority: Transportation Article, §§12-104(b), 21-1414, and 27-110, Annotated Code of Maryland*
##### **COMAR 11.15.28.04** Vehicle Registration Suspension. {#sec-11.15.28.04 omnilex-key=us-md-regs-official--title-11--11.15.28.04}
A. The Administration shall suspend the registration of any motor vehicle incurring a toll violation upon notification from the Authority.
B. The registered owner of a vehicle shall resolve with the Authority all outstanding toll violations, including fees and fines.
C. The Administration may lift the suspension only after the Authority notifies the Administration in accordance with COMAR 11.07.07.08B(1)(c).
**Cross References**
11.07.07.08B(1)(b)
11.07.07.08B(1)(d)
**History**
- *Administrative History: Effective date: October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective September 1, 2013 (40:19 Md. R. 1541); revised permanently effective October 28, 2013 (40:21 Md. R. 1779)*
- *Administrative History: Regulation .03C amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .04C amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Authority: Transportation Article, §§12-104(b), 21-1414, and 27-110, Annotated Code of Maryland*
##### **COMAR 11.15.28.05** Notice of Suspension. {#sec-11.15.28.05 omnilex-key=us-md-regs-official--title-11--11.15.28.05}
A notice of a proposed suspension by the Administration of a vehicle registration for failure to pay a toll violation shall:
A. Be in writing;
B. Be personally served on the registered owner by U.S. mail sent to the registered owner at the address of the individual on record with the Administration;
C. State the reason for the suspension; and
D. Advise the individual that all toll violations must be resolved with the Authority before the suspension may be lifted.
**History**
- *Administrative History: Effective date: October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised as an emergency provision effective September 1, 2013 (40:19 Md. R. 1541); revised permanently effective October 28, 2013 (40:21 Md. R. 1779)*
- *Administrative History: Regulation .03C amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .04C amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Authority: Transportation Article, §§12-104(b), 21-1414, and 27-110, Annotated Code of Maryland*
### **11.15.29** Rejection of Registration Plates
##### **COMAR 11.15.29.01** Scope and Applicability. {#sec-11.15.29.01 omnilex-key=us-md-regs-official--title-11--11.15.29.01}
A. The owner of a vehicle in a class eligible for registration plates consisting of letters, numbers, emblems, terms, symbols, logos, or a combination of them may apply for a special registration plate from the Administration.
B. This chapter applies to all registration plates issued under COMAR 11.15.07 and 11.15.19 regardless of the date of issuance.
**History**
- *Administrative History: Effective date: October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: Regulation .01 amended as an emergency provision effective August 12, 2015 (42:18 Md. R. 1173); amended permanently effective November 23, 2015 (42:23 Md. R. 1434)*
- *Authority: Transportation Article, §§12-104(b) and 13-619, Annotated Code of Maryland*
##### **COMAR 11.15.29.02** Refusal to Issue Registration Plates. {#sec-11.15.29.02 omnilex-key=us-md-regs-official--title-11--11.15.29.02}
The Administration may refuse to issue or rescind issuance of a registration plate containing letters, numbers, emblems, terms, symbols, logos, or a combination of them which:
A. Is identical to one already issued by the Administration;
B. Is being requested for a fraudulent or deceptive purpose;
C. Has a scatological or sexual meaning or connotation;
D. Contains profanities, epithets, or obscenities;
E. Communicates a message of any kind about any of the following characteristics of a group of people:
(1) Race,
(2) Ethnic or national origin,
(3) Color,
(4) Religion,
(5) Disability, or
(6) Sexual orientation;
F. Makes reference to the commission of illegal acts; or
G. Contains any other combination that the Administrator finds unacceptable within the law.
**Cross References**
11.15.29.03
11.15.29.04
**History**
- *Administrative History: Effective date: October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: Regulation .01 amended as an emergency provision effective August 12, 2015 (42:18 Md. R. 1173); amended permanently effective November 23, 2015 (42:23 Md. R. 1434)*
- *Authority: Transportation Article, §§12-104(b) and 13-619, Annotated Code of Maryland*
##### **COMAR 11.15.29.03** Compliance. {#sec-11.15.29.03 omnilex-key=us-md-regs-official--title-11--11.15.29.03}
The Administration shall determine compliance with the conditions set forth in Regulation .02 of this chapter by reference to current and historical usage.
**History**
- *Administrative History: Effective date: October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: Regulation .01 amended as an emergency provision effective August 12, 2015 (42:18 Md. R. 1173); amended permanently effective November 23, 2015 (42:23 Md. R. 1434)*
- *Authority: Transportation Article, §§12-104(b) and 13-619, Annotated Code of Maryland*
##### **COMAR 11.15.29.04** Complaints. {#sec-11.15.29.04 omnilex-key=us-md-regs-official--title-11--11.15.29.04}
A complaint that a plate violates the conditions of Regulation .02 of this chapter may cause the Administration to review the matter, but may not by itself serve as a basis for a determination that the conditions of Regulation .02 of this chapter have been violated.
**History**
- *Administrative History: Effective date: October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: Regulation .01 amended as an emergency provision effective August 12, 2015 (42:18 Md. R. 1173); amended permanently effective November 23, 2015 (42:23 Md. R. 1434)*
- *Authority: Transportation Article, §§12-104(b) and 13-619, Annotated Code of Maryland*
##### **COMAR 11.15.29.05** Administrative Appeals. {#sec-11.15.29.05 omnilex-key=us-md-regs-official--title-11--11.15.29.05}
An organization or individual whose preferred letters, numbers, emblems, terms, symbols, logos, or a combination of them are disapproved by the Administration under this chapter is entitled to a hearing before the Office of Administrative Hearings pursuant to the Administrative Procedures Act.
**History**
- *Administrative History: Effective date: October 18, 1999 (26:21 Md. R. 1630)*
- *Administrative History: Regulation .01 amended as an emergency provision effective August 12, 2015 (42:18 Md. R. 1173); amended permanently effective November 23, 2015 (42:23 Md. R. 1434)*
- *Authority: Transportation Article, §§12-104(b) and 13-619, Annotated Code of Maryland*
### **11.15.30** Issuance of Special Agriculture Registration Plates
##### **COMAR 11.15.30.01** Issuance of Special Agriculture Registration Plates. {#sec-11.15.30.01 omnilex-key=us-md-regs-official--title-11--11.15.30.01}
A. In accordance with Transportation Article, §13-619.2, Annotated Code of Maryland, the Motor Vehicle Administration may issue a specially designed registration plate to honor Maryland agriculture.
B. Special agriculture registration plates issued to vehicles registered as Class A, E, or M vehicles, with disabled person's or personalized plates, may be of a different design than those issued to other Class A, E, or M vehicles.
C. Special agriculture registration plates issued to vehicles exempt from registration fees under Transportation Article, §13-903, Annotated Code of Maryland, to the Maryland National Guard, or to volunteer fire, rescue, or ambulance companies in Maryland, shall be of the same design as the plates issued to vehicles not exempt from the additional registration fee.
D. If special agriculture registration plates are issued as replacements for other registration plates, the previously issued plates and registration certificate shall immediately be surrendered to the Motor Vehicle Administration.
**History**
- *Administrative History: Effective date: July 1, 2001 (28:8 Md. R. 762)*
- *Administrative History: Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .01B, F amended effective November 5, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .02 amended effective March 16, 2026 (53:5 Md. R. 244)*
- *Authority: Transportation Article, §§12-104(b) and 13-619.2, Annotated Code of Maryland*
##### **COMAR 11.15.30.02** Distribution of Funds. {#sec-11.15.30.02 omnilex-key=us-md-regs-official--title-11--11.15.30.02}
A. The fee provided for in COMAR 11.11.05.04(A)(3)(a) for original special agriculture registration plates shall be distributed equally between the Motor Vehicle Administration and the Maryland Agricultural Education Foundation.
B. The fee provided for in COMAR 11.11.05.04(A)(3)(b) for renewal of special agriculture registration plates shall be distributed to the Maryland Agricultural Education Foundation.
C. Money collected through the sale and renewal of special agriculture registration plates and due to the Maryland Agricultural Education Foundation shall be transferred monthly to the Foundation.
**History**
- *Administrative History: Effective date: July 1, 2001 (28:8 Md. R. 762)*
- *Administrative History: Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .01B, F amended effective November 5, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .02 amended effective March 16, 2026 (53:5 Md. R. 244)*
- *Authority: Transportation Article, §§12-104(b) and 13-619.2, Annotated Code of Maryland*
##### **COMAR 11.15.30.03** Nature of the Maryland Agricultural Education Foundation. {#sec-11.15.30.03 omnilex-key=us-md-regs-official--title-11--11.15.30.03}
The Maryland Agricultural Education Foundation is a nonprofit organization created as a result of the Governor's Task Force on Agricultural Education in 1989 to promote the education and appreciation of agriculture in the State.
**History**
- *Administrative History: Effective date: July 1, 2001 (28:8 Md. R. 762)*
- *Administrative History: Regulation .01 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .01B, F amended effective November 5, 2007 (34:22 Md. R. 1978)*
- *Administrative History: Regulation .02 amended effective March 16, 2026 (53:5 Md. R. 244)*
- *Authority: Transportation Article, §§12-104(b) and 13-619.2, Annotated Code of Maryland*
### **11.15.31** Electronic Transmission of Titling and Registration Information
##### **COMAR 11.15.31.01** Purpose. {#sec-11.15.31.01 omnilex-key=us-md-regs-official--title-11--11.15.31.01}
The purpose of this chapter is to:
A. Govern the electronic transmission of vehicle titling and registration information and transactions; and
B. Determine the fee charged for this service as authorized under Transportation Article, §§13-108.1 and 13-610, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.02** Definitions. {#sec-11.15.31.02 omnilex-key=us-md-regs-official--title-11--11.15.31.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Authorized user” means an employee of an authorized participant who is designated by that participant to use the electronic system.
(3) “Authorized user affidavit” means a written agreement between the Administration and an authorized user of the electronic system.
(4) “Contractor” means a person who has entered into an agreement with the Administration to provide an electronic system that links the Administration with authorized participants, for the purpose of accessing vehicle information and processing vehicle title and registration transactions electronically.
(5) “Contractor's agreement” means a written agreement between the Administration and a contractor who establishes and provides an electronic system.
(6) “Electronic system” means the host system and computer program established by the contractor, and approved by the Administration, used by participants to electronically access vehicle information and process vehicle title and registration transactions.
(7) “Electronic system agreement” means a written agreement between a contractor and a participant that allows the use of the electronic system and establishes the fees paid to the contractor by the participant.
(8) “Host system” means the computer system created by the contractor as an interface between the participant's and the Administration's computer.
(9) “Participant” means a “service provider” as defined in Transportation Article, §13-610, Annotated Code of Maryland, who has entered into an agreement with the Administration and a contractor who provides the participant use of the electronic system.
(10) “Participant's agreement” means a written agreement between the Administration and the participant that authorizes electronic access to Administration records for the limited purpose of titling and registering vehicles in Maryland.
(11) “Program” means the computer program established by the contractor, and approved by the Administration, to electronically access vehicle information and process vehicle title and registration transactions.
(12) “Registered agent” means a person registered with the State Department of Assessments and Taxation as agent for service of process on the contractor.
(13) “Soundex code” means an identification code issued by the Administration to an individual or company for the purpose of entering, locating, and retrieving information in a database.
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.03** Service Agreement — General. {#sec-11.15.31.03 omnilex-key=us-md-regs-official--title-11--11.15.31.03}
A. The Administration, in accordance with procurement procedures established by the laws of Maryland, may accept proposals and execute agreements with independent contractors.
B. The agreement shall be made and entered into in Maryland, and under the laws of Maryland.
C. The laws of Maryland shall govern the resolution of any issues arising in connection with the agreement, including but not limited to:
(1) All questions concerning the validity of the agreement;
(2) The capacity of the parties to enter into a agreement;
(3) Any modification or amendment to the agreement; and
(4) The rights and obligations under the agreement.
D. The agreement:
(1) Shall be the exclusive statement of the parties with respect to its subject matter;
(2) May not be modified, in any manner, except by written amendment that has been executed by the parties and approved according to the procedures established by State law and regulation; and
(3) May not be assigned except by written amendment that has been executed by the parties and approved according to the procedures established by State law and regulation.
E. Severability. If any provision or portion of an agreement is determined by a court of law to be void, invalid, or otherwise unenforceable, that provision or portion may be renegotiated by the parties, but the remainder of the agreement shall remain in effect.
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.04** Contractor's Agreement. {#sec-11.15.31.04 omnilex-key=us-md-regs-official--title-11--11.15.31.04}
A. The contractor's agreement:
(1) Shall be the product of mutual negotiations and neither party may be construed as the primary drafter of the agreement;
(2) Shall include a technical proposal;
(3) Shall define services under the terms of the agreement and technical proposal; and
(4) May not be deviated from unless approved, in advance, by the Administration.
B. The contractor shall:
(1) Enter into a written agreement with the Administration to create an electronic system for the:
(a) Purpose of accessing vehicle information, processing vehicle title and registration transactions; and
(b) Transfer of funds between participants and the Administration;
(2) Have a written agreement approved by the Administration with approved participants, before transmitting vehicle title and registration transactions and fees to the Administration by way of the electronic system; and
(3) Enter into a contractual agreement with each authorized participant to provide the participant:
(a) With the capacity to use the electronic system; and
(b) Access to vehicle title and registration transactions only as approved by the Administration.
C. Only the Administration may authorize an entity's use of the electronic system to electronically transmit approved title and registration transactions, and fees as a participant.
D. Participants may include, but are not limited to:
(1) A licensed dealer as defined in Transportation Article, §§11-111 and 15-301, Annotated Code of Maryland;
(2) A licensed title service agent as defined in Transportation Article, §15-601, Annotated Code of Maryland;
(3) A licensed automotive dismantler and recycler as defined in Transportation Article, §15-501, Annotated Code of Maryland;
(4) A state agency or political subdivision pursuant to Transportation Article, §13-404, Annotated Code of Maryland;
(5) A vehicle leasing company; or
(6) A banking or financial institution.
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.05** Participant's Agreement. {#sec-11.15.31.05 omnilex-key=us-md-regs-official--title-11--11.15.31.05}
A. The participant's agreement authorizes a participant to:
(1) Access the Administration's vehicle records and use the electronic system for the limited purpose of titling and registering vehicles in Maryland;
(2) Process vehicle transactions;
(3) Issue registration documents; and
(4) Collect appropriate fees on behalf of the Administration.
B. The participant's agreement:
(1) Shall require the participant to transfer funds to the contractor's account on the same date vehicle transaction data is transmitted;
(2) Shall require the participant to indemnify the contractor and the Administration, jointly and severally, for and against any and all claims, losses, damages, judgments, liabilities, or similar costs and expenses that arise in whole or in part out of acts or omissions of the participant with respect to the electronic system or the application of laws restricting access to disclosure of vehicle records available through the electronic system, including, without limitation, reasonable attorney's fees and other costs of defending any action or claim;
(3) Shall remain in effect as long as the participant's business license issued, or renewed, under Transportation Article, Title 15, Annotated Code of Maryland, remains in effect; and
(4) May be terminated by:
(a) A participant upon written notice to the Administration;
(b) The Administration at any time by giving notice to the participant; or
(c) The contractor upon written notice to the Administration and the participant.
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.06** Electronic Interface. {#sec-11.15.31.06 omnilex-key=us-md-regs-official--title-11--11.15.31.06}
A. Establishment. Pursuant to this chapter, a contractor shall develop the following at its own expense:
(1) An electronic system that will enable authorized participants to:
(a) Access vehicle records and process vehicle title and registration transactions electronically; and
(b) Issue permanent registration plates and stickers for their customers at the point of vehicle sale; and
(2) A computer program for the electronic transfer of funds collected by participants for titling and registration fees and to ensure that all moneys collected by participants are transferred to the proper account on the same date the vehicle transaction data is transmitted.
B. Specifications.
(1) A contractor shall develop and maintain an electronic system that allows a participant's terminal, when under the control of an authorized user, access to information available from the Administration's databases using the contractor's electronic system.
(2) A contractor shall interface to the Administration's mainframe in accordance with the Administration's specifications.
(3) The Administration reserves the right to select the method of connection to be used by each participant, provided the security measures set forth in Regulation .11D of this chapter are met.
(4) The specifications described in this regulation may not be materially changed in any manner except by written amendment to the agreement and approved according to the procedures established by State law and regulation.
C. Software Escrow.
(1) The contractor's software, for which the contractor or others have copyright or ownership rights in its current version and in its most recent past version, used to perform the work required by this regulation shall be escrowed with an independent third party who will act as an escrow agent.
(2) Software shall include:
(a) All source codes;
(b) Maintenance tools;
(c) Proprietary or third party utilities;
(d) Descriptions of the software program generation;
(e) Names and home addresses of key programmers; and
(f) Documentation, and related materials.
(3) Copies of all licenses or agreements, which permit the contractor to use commercially available software in performing the work required by this regulation, shall also be escrowed.
(4) The Administration shall approve the escrow agent and the contractor's and escrow agent's escrow policies and procedures regarding, but not limited to:
(a) Frequency of escrowed software updates;
(b) Maintenance of escrowed items at the escrow agent;
(c) Item release conditions;
(d) Procedures for dispute resolution; and
(e) The name and address of the party who shall periodically audit the escrow account.
(5) Escrowed item formats may include, but are not limited to, magnetic tapes, disks, disk packs, diskettes, compact disks, compact disk read-only memory, other forms of media in machine readable form, and the written documentation prepared in connection with the software.
(6) Escrowed software may not include encrypted data with any keys provided, or with viruses or corrupted data.
D. Upgrades. A contractor shall obtain written approval from the Administration before the implementation of any software modifications or enhancements.
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.07** Distribution of Materials. {#sec-11.15.31.07 omnilex-key=us-md-regs-official--title-11--11.15.31.07}
A contractor shall make available to the participants a supply of vehicle registration materials adequate to meet demand, subject to inventory control and record-keeping requirements as established by the Administration.
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.08** Transfer of Electronic Vehicle Transactions. {#sec-11.15.31.08 omnilex-key=us-md-regs-official--title-11--11.15.31.08}
A contractor shall collect from participants and transmit to the Administration the following:
A. Applications for certificate of title;
B. Applications for vehicle registration and renewals of registration;
C. Related filings, applications, and other matters of official business which may from time to time be approved for inclusion in the program as agreed on by the Administration, the contractor, and participant; and
D. A record of payments made for fees, sales taxes, penalties, and other charges relating to this chapter.
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.09** Collection and Transfer of Funds. {#sec-11.15.31.09 omnilex-key=us-md-regs-official--title-11--11.15.31.09}
A. Responsibility of Participant. A participant:
(1) Shall bear sole responsibility for the collection of funds that are transferred by the participant to the contractor's account;
(2) Shall transmit all funds and data in accordance with Transportation Article, §13-113, Annotated Code of Maryland; and
(3) May be relieved of its responsibilities for the transfer of the funds to the contractor only when evidence is shown that the proper funds were electronically transferred to the contractor's account.
B. Electronic Transfer of Funds. The contractor:
(1) Shall collect from the participant all fees, payments, sales taxes, penalties, and other sums collected by participants in connection with vehicle titling, registration, registration renewal, and other services as agreed on;
(2) Shall transfer electronically to the account of the State Treasurer immediately upon receipt from the participant, all moneys due the Administration;
(3) Shall transfer funds simultaneously with the transmission of related title and registration information;
(4) May not debit the State Treasurer's account without written authorization from the Administration; and
(5) Shall promptly notify the Administration if the contractor fails to receive final collected funds of any funds transferred by the participant.
C. Treasury Regulations Applicable. Electronic fund transfers shall be conducted in accordance with:
(1) Applicable regulations of the State Treasurer's Office; and
(2) Any further terms, conditions, and procedures consonant with those regulations, as may be required by the Administration.
D. Guarantor. The contractor shall be construed as a guarantor of payments made by the participants and transferred by the contractor.
E. Compensation.
(1) The contractor may not receive compensation from the Administration for transmitting vehicle title and registration transactions to the Administration by way of the electronic system.
(2) Pursuant to agreement, contractors may charge participants:
(a) Monthly participation fees; and
(b) Fees for each electronic submission of vehicle title and registration transactions.
(3) Pursuant to Transportation Article, §13-610, Annotated Code of Maryland, and COMAR 11.12.01.23, a participant may charge customers a separate service fee for providing services by way of the electronic system.
(4) A participant may not charge any other fees for filling out applications or for other services relating to vehicle title or registration transactions processed by way of the electronic system, unless authorized to do so by the Administration.
**Cross References**
11.15.31.17A(2)(a)
11.15.31.17A(2)(c)
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.10** Equipment and Maintenance. {#sec-11.15.31.10 omnilex-key=us-md-regs-official--title-11--11.15.31.10}
A. Equipment.
(1) The contractor shall provide to the Administration its application software and communication lines to the host system.
(2) The contractor shall provide to the Administration, at its own expense, and retain ownership of:
(a) Equipment necessary to provide a communications interface between the host system and the Administration's data processing resources such as devices, modems, telephone and data lines, wiring, and communications facilities; and
(b) Security devices and measures required by the security provisions under Regulation .11 of this chapter.
(3) Upon reasonable notice a contractor has the right to secure and to remove any of its equipment physically located in an area within the control of the Administration or the State upon termination of the service agreement.
B. Maintenance. A contractor shall:
(1) Bear responsibility for maintaining its equipment and other components;
(2) Provide to the Administration installation and release notes of all application software upgrades;
(3) Repair or replace defective or deficient equipment or other components in a timely manner;
(4) Respond to any service calls within 4 hours during normal business hours; and
(5) Give reasonable advance notice to the Administration of the need to access the Administration's facilities for installation, maintenance, testing, and repair of any equipment, device, modem, telephone or data line, wiring, or other component of the communication interface between the contractor and the Administration.
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.11** Security Provisions. {#sec-11.15.31.11 omnilex-key=us-md-regs-official--title-11--11.15.31.11}
A. General Characteristics. A contractor shall incorporate the following security measures into the host system and other components of the electronic system:
(1) The host system shall control the communications data flow between the Administration and the participant;
(2) Each participant's terminal shall be a termination point in the contractor's communication network; and
(3) A contractor shall notify each participant that the terminal may not serve as an intermediate communications mode for other remote networks.
B. Documentation.
(1) A contractor shall supply the Administration with current, reasonably detailed information regarding the electronic system, including:
(a) Hardware and software configuration diagrams containing functional system descriptions;
(b) Reasonably detailed descriptions of security functions, including password usage; and
(c) A network configuration diagram.
(2) A contractor shall supply documentation:
(a) For each type of system employed by the contractor, if more than one; and
(b) On any material change made in hardware or software that may affect the contractor, a participant, or access to Administration data.
(3) The Administration:
(a) Shall use the information under §B(1) and (2) of this regulation solely for internal audits, security audits, and technical testing with respect to the electronic system;
(b) Shall treat the information as computer software developed for a State agency or vendor proprietary software for purposes of General Provisions Article, Title 4, Annotated Code of Maryland; and
(c) May not disclose the information unless required to do so by judicial order.
C. Access.
(1) A contractor shall develop procedures to control access to the electronic system to participants who assure the Administration that access is:
(a) Available only to participants and users who have been authorized and accurately identified;
(b) Available to the Administration for open transactions within the contractor's system; and
(c) Monitored to ensure that all access is traceable by the Administration.
(2) The Administration shall allow authorized participants access only to the Administration's database files as necessary to process vehicle title and registration transactions.
(3) A participant, and its employees, may not sell or impart to any person, firm, or corporation any information obtained from Administration records, including listings of individuals, for any reason.
(4) Information obtained through this access is subject to the restrictions upon use and dissemination imposed by:
(a) General Provisions Article, Title 4, Annotated Code of Maryland;
(b) COMAR 11.17.10;
(c) COMAR 11.17.12;
(d) The Motor Vehicle Administration regulations on access to records in COMAR 11.11.09; and
(e) Any successor regulations adopted by the Administration concerning disclosure or dissemination of any information obtained from Administration records or files.
D. Confidentiality of Information and Computer Security.
(1) A contractor shall:
(a) Ensure the confidentiality and the nondisclosure of records described in this regulation; and
(b) Require each participant, as part of the participant's agreement, to implement procedures that ensure that:
(i) Terminals are not left unattended while logged on to the host system;
(ii) Terminals, including any monitor, printer, printout, or other form of display or duplication of vehicle record information, are placed to prevent the information from being viewed by unauthorized persons; and
(iii) Any printed copy of a vehicle record is destroyed when its legitimate use has ended;
(c) Configure the computer program to cause a terminal to log off automatically when no response or command is generated within a 15-minute time period; and
(d) Enforce these requirements by canceling access for any participant who does not uniformly comply with them.
(2) A participant is responsible for:
(a) Safeguarding the automated equipment which provides access to the electronic system;
(b) Limiting access to those persons who are authorized users of the electronic system and who have been properly instructed as to their duties and responsibilities as authorized users; and
(c) Using either an integrated terminal or one that is not used for any other purpose or in any other system.
(3) A participant shall implement procedures to ensure that:
(a) The automated equipment is located in an area that prevents information, including any printed copy of a vehicle record, from being viewed by persons who are not authorized users of the equipment; and
(b) Any printed copy of the information obtained from Administration files is destroyed when its legitimate use has ended.
(4) The contractor, participant, and their respective employees shall:
(a) Maintain information obtained from the program in strictest confidence, not to be disclosed to any other person, firm, or corporation;
(b) Limit access to and use of information and computer resources to program activities; and
(c) Be aware that the Administration adheres to:
(i) State policies for data processing resources security authorized by the Governor's Executive Order 01.01.1983.18; and
(ii) Criminal Law Article, §§7-302, 8-606, and 8-607, Annotated Code of Maryland.
(5) Failure of the contractor, participant, or any of their respective employees to abide by the same policies and statutes, as specified in §D(2) and (4) of this regulation, may result in the Administration prosecuting or seeking remedies made available to it by contract, user agreement, statute, or regulation.
(6) Other federal and State laws and regulations that affect the access to and use of computer information are the:
(a) U. S. Computer Crime Statute of 1984 (18 U.S.C. §1030);
(b) Federal Information Security Management Act of 2002 (44 U.S.C. §3541 et seq.);
(c) Privacy Act of 1974 (5 U.S.C. §552a);
(d) Federal Freedom of Information Act (5 U.S.C. §552) and General Provisions Article, Title 4, Annotated Code of Maryland;
(e) Computer Fraud and Abuse Act of 1986 (18 U.S.C. §1030 et seq.);
(f) National Driver Register Act of 1982 (49 U.S.C. §30301 et seq.);
(g) Computer Software Rental Amendments Act of 1990 (17 U.S.C. §109);
(h) Fair Credit Reporting Act (15 U.S.C. §1681 et seq.);
(i) Driver’s Privacy Protection Act of 1994 (18 U.S.C. §2721 et seq.); and
(j) National Institute of Standards and Technology Act (15 U.S.C. §271 et seq.).
**Cross References**
11.15.31.06B(3)
11.15.31.10A(2)(b)
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.12** Suspension and Termination of Access Privileges. {#sec-11.15.31.12 omnilex-key=us-md-regs-official--title-11--11.15.31.12}
A. Contractor. The Administration may terminate, without notice, the access privileges of a contractor immediately upon discovery of any breach of:
(1) The contractor's agreement; or
(2) Any other agreement relating to the electronic system between a contractor and the Administration.
B. Participant. The contractor or the Administration may suspend or terminate, without notice, the access privileges of a participant immediately upon discovery of any breach of:
(1) The participant's agreement;
(2) The electronic system agreement; or
(3) Any other agreement relating to the electronic system between a participant and the Administration.
C. Individual Authorized User. A contractor, the Administration, or a participant may suspend or terminate, without notice, access privileges of an authorized user:
(1) Upon discovery of any breach of, or failure to fulfill, any responsibility established within any agreement relating to the electronic system; or
(2) For any violation of Criminal Law Article, §§7-302, 8-606, and 8-607, Annotated Code of Maryland, or any successor statutes and implementing regulations.
D. Notice of Termination. Written notice shall be sent to the Manager of Business Licensing and Consumer Services at the Administration by:
(1) A contractor before terminating a participant; or
(2) A participant immediately on termination of a user for reasons specified in §C of this regulation.
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.13** Provision for Liquidated Damages. {#sec-11.15.31.13 omnilex-key=us-md-regs-official--title-11--11.15.31.13}
A. In addition to any other remedies available to the Administration in law, if the contractor fails to provide the services, equipment, or other items required by this chapter within the prescribed time limits, the Administration may elect to provide or obtain services, equipment, or other items necessary to comply with this chapter.
B. Pursuant to §A of this regulation, the contractor shall pay the total cost incurred by the Administration for obtaining replacement services, equipment, and other necessary items.
C. The Administration shall have the unilateral right of alternate source selection to perform the work of this chapter when the contractor does not perform the required work.
D. In addition to the replacement costs described in §A of this regulation, the contractor also shall pay liquidated damages for any delay or failure in performance, as well as for any related damages sustained by the Administration.
E. The assessment of liquidated damages by the Administration against the contractor does not supersede or affect the right of the Administration to impose other remedies available to the Administration.
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.14** Cost Savings and Reporting Requirements. {#sec-11.15.31.14 omnilex-key=us-md-regs-official--title-11--11.15.31.14}
A. Upon request, a contractor shall assist the Administration in periodically determining estimated cost savings realized by the electronic system.
B. The Administration shall develop a schedule of reports to be provided by the contractor, at no cost to the Administration, for submitting summary information relating to the electronic system in a format specified by the Administration.
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.15** Training and Promotional Activities. {#sec-11.15.31.15 omnilex-key=us-md-regs-official--title-11--11.15.31.15}
A. Training of Authorized Users. A contractor shall:
(1) Seek advance approval from the Administration for the training program; and
(2) Require, in each electronic system agreement, that a participant requires each authorized user to attend periodic training with respect to:
(a) Proper procedures for use of the program;
(b) Constraints upon use and disclosure of the information made available throughout the program; and
(c) Sanctions for misuse or abuse of the program.
B. Promotional Activities.
(1) A contractor may engage in promotional activities with respect to the program, including the solicitation of potential participants, in person, by mail, and by telephone.
(2) The Administration shall make reasonably available to the contractor, for use in its promotional activities, lists maintained by the Administration with respect to potential participants.
(3) The promotional activities may not suggest that any contractor is approved or endorsed by the Administration.
C. Use of Administration's Name.
(1) A contractor may use the Administration's name as necessary in connection with its provision of services to the participants, with the prior approval of the Administration, and that approval may not be unreasonably withheld or delayed.
(2) A contractor may not state or imply that the:
(a) Administration recommends or requires the use of the contractor's program or services to the exclusion of other similarly available services; or
(b) Contractor is the exclusive provider of access to the Administration's vehicle records.
**Cross References**
11.15.31.16B
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.16** Intellectual Property Rights. {#sec-11.15.31.16 omnilex-key=us-md-regs-official--title-11--11.15.31.16}
A. Property Rights Reserved to Contractor.
(1) The contractor reserves full ownership rights to all forms of intellectual property developed by it for utilization in connection with the electronic system which comprise the host system and programs.
(2) Subject to the agreement, the intellectual property consists of all proprietary program components necessary to collect, assemble, and transmit to and receive from the Administration the inquiries, information, and fund transfers including:
(a) Any inventions, devices, processes, software, and formulas used in or comprising any component of the electronic system not already in use by the Administration;
(b) Any trademarks and service marks used in connection with the program and not already in use by the Administration; and
(c) Any written material relating to the electronic system which may be the subject of protection under the copyright laws of the United States or foreign countries, including, without limitation, all user and training manuals and other publications relating to the program not developed by the Administration.
(3) The Administration acknowledges this reservation of any property rights not developed by the Administration and covenants not to take any action in derogation of these rights, except as is explicitly provided for in the agreement.
B. Patent, Trademark, Service Mark, and Copyright Protection. Except as required in Regulation .15C of this chapter, the Administration may not interfere with any efforts the contractor undertakes to register patents, trademarks, service marks, or copyrights associated with the program which have not been developed by the Administration or are not already in use by the Administration.
C. Confidentiality.
(1) The Administration shall treat all plans, specifications, drawings, diagrams, software, computer programs, procedures, processes, and other proprietary materials relating to the electronic system as computer software developed for a State agency and proprietary software for purposes of General Provisions Article, Title 4, Annotated Code of Maryland, and agrees not to disclose this information unless required to do so by judicial order.
(2) The contractor agrees that it will defend against disclosure of any information, which it deems to be proprietary, hold the Administration harmless, and bear all legal expenses. Its failure to do so shall constitute a waiver of any claim that the material is proprietary.
D. Trade Secrets.
(1) All proprietary information and materials developed by the contractor in the course of the program comprising the electronic system, including, without limitation, all formulas, patents, compilations, programs, devices, methods, techniques, and processes, may constitute trade secrets of the contractor within the meaning of that term as defined in General Provisions Article, Title 4, Annotated Code of Maryland.
(2) The Administration may not interfere with any action for damages or injunctive relief brought by a contractor in response to misappropriation of a trade secret by a third party.
(3) This section does not constitute an admission or cooperation agreement on the part of the Administration for the purposes of any litigation or claim arising between the Administration and a contractor.
E. Plans, Specifications, Programs, Manuals, and Related Materials.
(1) Plans, specifications, drawings, diagrams, manuals, computer programs, and related materials developed by a contractor with respect to the electronic system remain the sole property of the contractor, and review, consultation of, or possession of these materials by the Administration does not constitute a waiver of the contractor's property interests in them.
(2) The Administration shall return, or afford a contractor reasonable opportunities to collect, all program materials upon the expiration or termination of the agreement.
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.17** Limitation of Liability and Indemnification. {#sec-11.15.31.17 omnilex-key=us-md-regs-official--title-11--11.15.31.17}
A. Limited Scope of Contractor Duties to the Administration.
(1) Accuracy and Completeness. A contractor:
(a) Shall receive and transmit information, completely and without change, to and from the Administration's databases to participants;
(b) Does not guarantee the accuracy of information transmitted without change to and from the Administration, regardless of the actual accuracy of the content of the information so transmitted; and
(c) Has no duty to make inquiry regarding the actual accuracy of any information.
(2) Electronic Funds Transfers.
(a) A contractor shall promptly transmit all funds, remitted by participants, to the State Treasurer's account as required under Regulation .09 of this chapter.
(b) A contractor shall promptly correct any reported or discovered error or omission it makes relating to an electronic fund transfer.
(c) A contractor remains responsible for funds that are collected and remitted by the participant for transfer pursuant to Regulation .09 of this chapter.
(3) Vehicle Registration Materials.
(a) The participant is solely responsible for:
(i) Its issuance of vehicle registration materials; and
(ii) The loss or misappropriations of vehicle registration materials while vehicle registration materials are in its possession.
(b) A contractor is solely responsible for the vehicle registration materials from the time they are delivered by the Administration to the contractor until the time they are delivered by the contractor to the participant.
B. Limitation of Liability. This section and §§C—F of this regulation are to be read and construed in conjunction with §A of this regulation setting forth the limited scope of the duties of a contractor to the Administration. This section and §§C—F of this regulation do not broaden the scope of those duties or create any duty not otherwise explicitly imposed upon the contractor.
C. Liability of Contractor.
(1) A contractor is liable to the Administration for damages which are proximately caused by an act or omission of the contractor but is not liable for indirect, incidental, special, or consequential damages to third parties except as provided in §H of this regulation.
(2) The contractor is not liable to the Administration for any claims, losses, damages, judgments, liabilities, or similar costs and expenses resulting directly or indirectly from the misappropriation or misuse of a vehicle record obtained from the Administration by a participant by way of the program, including, without limitation, any use or dissemination of information in violation of the restrictions upon use and disclosure imposed by General Provisions Article, §§4-101—4-601, Annotated Code of Maryland, or any corresponding regulations, except when the claims, losses, damages, judgments, liabilities, or similar costs and expenses result directly from:
(a) A failure on the part of the contractor or any of its officers, directors, employees, or agents to comply with the provisions of the agreement;
(b) A fraudulent or intentionally wrongful act or omission, relating to the program, on the part of the contractor or any of its officers, directors, employees, or agents; or
(c) Negligence on the part of the contractor or any of its officers, directors, employees, or agents.
(3) If a third party asserts a claim against the Administration, the State, or any employee of the Administration for injury or damages for which a contractor would owe the Administration indemnification, the contractor may claim any defense available to it under the Maryland Tort Claims Act.
(4) Third-party claims shall be absolutely limited to reimbursement of the actual loss suffered by the Administration or State with respect to a third-party claim.
D. Liability of Participant. A participant is liable for, and shall indemnify and hold harmless the Administration for:
(1) Misuse or misappropriation of a vehicle record or related information obtained from the Administration in connection with the program;
(2) Failure by a participant or its personnel to comply with the provisions of the program; and
(3) Failure to safeguard and limit access to vehicle records or for any damages resulting from the acts or omissions of the participant or its personnel relating to the titling and registration of vehicles.
E. Accuracy and Completeness of Filings.
(1) A contractor shall correct or complete in a timely manner any information, application, or other filing which is transmitted inaccurately or incompletely to or from the Administration's databases solely as a result of a malfunction, deficiency, or operational error in or with respect to the electronic system.
(2) A contractor may not be held liable to the Administration for any claims losses, damages, judgments, liabilities, or similar costs and expenses incurred by the Administration (whether in its own right or by virtue of liability on the part of the Administration to a third party) resulting directly or indirectly from inaccurate or incomplete information, application or other filing except when the claims, losses, damages, judgments, liabilities, or similar costs and expenses result directly from an act or omission relating to the program on the part of the contractor or any of its officers, directors, employees, or agents.
(3) The amount of any liability to the Administration arising under this section shall be limited by the provisions of §H of this regulation.
F. Force Majeure.
(1) A contractor:
(a) Shall use its best efforts to make the electronic system and related services available during the hours of service to be mutually agreed upon with the Administration; and
(b) Is not liable to the Administration, or considered to be in default, for a delay or failure to perform that results from any cause beyond its control, including, without limitation, any act of God, force majeure, natural or man-made disaster, riot, or act of war, foreign aggression, or civil insurrection.
(2) The Administration:
(a) Shall use its best efforts to make its databases available during the hours of the service agreed upon; and
(b) Is not liable to the contractor for any delay or failure to perform that results from a cause beyond its control, including, without limitation, any act of God, force majeure, natural or man-made disaster, riot, or act of war, foreign aggression, or civil insurrection.
G. Acts and Omissions of Participant Not Attributable to the Contractor. An act or omission of a participant is not attributable to the contractor for the purpose of establishing vicarious liability on the part of the contractor for any damages (whether direct, indirect, special, or consequential) alleged to have arisen from the act or omission, nor shall the contractor bear any liability with respect to the act, omission, or damages alleged to have been related thereto, unless the contractor, its officers, agents, or employees knew or should have known of this act or omission.
H. Limited Indemnification.
(1) A contractor shall defend, indemnify, and hold harmless the Administration for all claims, losses, damages, liabilities, or similar costs and expenses incurred by the Administration as a result of third-party claims against the Administration which arise out of acts or omissions of the contractor with respect to which the contractor:
(a) Bears a duty explicitly set forth in §A of this regulation; or
(b) Has explicitly consented to assume liability pursuant to the provisions under §§B—F of this regulation.
(2) The amount of indemnification by a contractor with respect to any one transmission or occurrence is limited to reimbursement of the actual loss suffered by the Administration for all claims, losses, and damages.
(3) A participant shall indemnify both the contractor and the Administration for and against any and all claims, losses, damages, judgments, liabilities, or similar costs and expenses which arise in whole or in part out of acts or omissions of the participant with respect to the program or the application of laws restricting access to and disclosure of vehicle records available through the program, including, without limitation, reasonable attorney fees and all other costs of defending the action or claim.
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.18** Notice. {#sec-11.15.31.18 omnilex-key=us-md-regs-official--title-11--11.15.31.18}
A. Addresses.
(1) Required notices shall be in writing and addressed as follows:
(a) If to the Administration: Manager of Licensing and Consumer Services, Motor Vehicle Administration, 6601 Ritchie Highway, N.E., Glen Burnie, Maryland 21062; and
(b) If to a contractor or participant, the address specified in the agreement or in an appropriate change of address notice.
(2) Either party may change an address by providing prompt written notice of the change to the other party and to the Administration.
B. Computation of Time.
(1) A notice served by mail shall:
(a) Be sent by certified mail; and
(b) Be considered received 3 business days following the date of mailing, as established by a United States Postal Service certificate of mailing.
(2) A notice served by hand delivery, overnight delivery, or telecopier is considered to have been received on the date of actual receipt.
C. Registered Agent for Service of Process. For the purposes of service of legal process and other legal notices, a contractor shall:
(1) Maintain, within the State, a registered agent and a location of its registered office; and
(2) Notify the Administration promptly of a change in its registered agent or registered office.
D. Failure to maintain a registered agent for service of process shall serve as consent for notice to be served with the Maryland Department of Assessments and Taxation.
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.19** Surety Bonds. {#sec-11.15.31.19 omnilex-key=us-md-regs-official--title-11--11.15.31.19}
A. A contractor shall furnish a surety bond:
(1) In an amount established by the Administration;
(2) Based on transfers or projected transfers of annual funds from electronic vehicle titling and registration transactions; and
(3) In an amount comparable to the average weekly funds transferred.
B. A participant shall certify, in a form acceptable by the Administration, that a surety bond in the amount required by Transportation Article, §§15-308 and 15-604, Annotated Code of Maryland, is currently, and will continue to remain, in effect.
C. Except for §B of this regulation, all other participants shall furnish a surety bond in the amount of $25,000.
D. A bond required under this regulation shall:
(1) Remain in force for the term of the contractor, or participant's, agreement;
(2) Be executed by a surety company authorized to do business in the State;
(3) Be in a form approved by the Maryland Insurance Administration; and
(4) Be adjusted annually as determined by the Administration pursuant to §A of this regulation.
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.20** Retention of Records and Audit. {#sec-11.15.31.20 omnilex-key=us-md-regs-official--title-11--11.15.31.20}
A. A contractor and a participant shall:
(1) Maintain all records and documents relating to vehicle title and registration transactions for 5 years from the time an activity takes place;
(2) Make all records and documents available for inspection by authorized representatives of the Administration and law enforcement agencies during normal business hours without advance notification; and
(3) Provide a terminal to the Administration for accessing the electronic system.
B. The Administration shall develop a program for the audit of both contractors and participants.
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.21** Work Performance. {#sec-11.15.31.21 omnilex-key=us-md-regs-official--title-11--11.15.31.21}
A contractor shall:
A. Perform work in accordance with the terms, conditions, and covenants set forth in the Maryland Department of Transportation's “General Conditions for Service Contracts” (1992); and
B. Execute a Contract Affidavit pursuant to COMAR 21.07.01.25.
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.22** General Provisions of Authorized Participants. {#sec-11.15.31.22 omnilex-key=us-md-regs-official--title-11--11.15.31.22}
A. Responsibilities of Participant. A participant shall adhere to all rules, regulations, and procedures established by the Administration, including but not limited to the following:
(1) Have all authorized users attend required training workshops;
(2) Transfer all moneys collected as a participant to the contractor's account through the electronic system on the same date the electronic title and registration transaction is processed;
(3) Issue license plates, stickers, and any other vehicle registration materials as applicable to customers in accordance with current Administration procedures;
(4) Submit all reports, including daily activity reports, inventories of license plates and stickers, and any other reports that may be required by the Administration, and in all other respects to comply with the Annotated Code of Maryland; and
(5) Receive, securely store, issue, account for, and be fully responsible for the license plates or stickers or other items of value as may be entrusted to the participant by the Administration.
B. Office Location. A participant shall:
(1) Maintain an office, in accordance with Transportation Article, Title 15, Annotated Code of Maryland, which shall also be used as the office for the computerized vehicle title services; or
(2) Establish and maintain, at a participant's own expense, an office for the purpose of processing vehicle title and registration documents in accordance with the provisions of Maryland laws and regulations.
C. Authorized User. A participant shall:
(1) Designate at least one full-time employee as an authorized user of the electronic system;
(2) Immediately notify the Administration of any changes in the designations of authorized users;
(3) Receive approval from the Administration before allowing an individual to have access of the electronic system; and
(4) Limit access to the electronic system to those employees who:
(a) Have been designated as an authorized user;
(b) Have executed the authorized user affidavit;
(c) Have been authorized by the Administration as users of the electronic system; and
(d) Are covered under the participant's bond as provided for by Transportation Article, Title 15, Annotated Code of Maryland.
D. Prohibited Transactions. A participant may not:
(1) Issue Certificates of Title;
(2) Process any transaction types that the Administration has not approved; or
(3) Process transactions through the electronic system for the following categories of customers:
(a) Those for which the Administration databases indicate an existing problem requiring Administration action; and
(b) Those individuals for whom the Administration has not previously assigned a Maryland soundex code.
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
##### **COMAR 11.15.31.23** Termination. {#sec-11.15.31.23 omnilex-key=us-md-regs-official--title-11--11.15.31.23}
A. Termination for Cause. An agreement may be terminated for cause as provided for in §35A of the Maryland Department of Transportation's “General Provisions for Service Contracts” (1992), and in the provisions of this regulation.
B. Events of Default. An event of default includes:
(1) Failure of the contractor to maintain any of the services required by this chapter or as agreed upon in writing;
(2) Breach of security or confidentiality;
(3) Failure of the Administration to maintain its databases or data processing resources in a manner as to permit the contractor to maintain any of the services as agreed on; or
(4) Breach of any other material obligation or covenant of the agreement by any party.
C. Opportunity to Cure.
(1) Whenever an event of default occurs, the party asserting a default shall:
(a) Notify the defaulting party in writing of the occurrence of the event of default; and
(b) Describe with particularity the default and the steps necessary to cure the default.
(2) The defaulting party shall then have 30 days from the date of receipt of the written notice to cure the default in question.
D. Termination Upon Persistence of Uncured Default. If an event of default remains uncured without substantial justification for more than the required 30 days, the party asserting a default may, at its option, terminate the agreement upon written notice to the defaulting party.
E. Suspension in Event of Continuing Breach of Security or Confidentiality.
(1) The Administration may, upon 24 hours actual notice to a contractor, suspend operation of the program for a period not to exceed 15 days (the suspension period), if the Administration determines that:
(a) A breach of security or confidentiality has occurred with respect to information resident in the Administration's databases, which is attributable to the electronic system;
(b) The breach poses a substantial threat of breaches of security or confidentiality; and
(c) The breach cannot or is not likely to be remedied within a reasonable time by the contractor or the Administration exercising their powers, pursuant to their agreements, to suspend or terminate participation in the program by the participant.
(2) During any suspension period, the Administration shall cooperate fully with a contractor to identify or remedy any breaches.
(3) If, during the suspension period, the source of the breach is identified and provisions are made for remedying the breach, the:
(a) Suspension shall immediately terminate; and
(b) Operation of the program shall be restored promptly.
(4) The Administration may impose an additional 15-day suspension period, if a contractor has been unable to:
(a) Identify the source of the breach at issue; or
(b) Provide a means of remedying the breach.
(5) At the conclusion of the additional suspension period, the Administration may terminate an agreement if the condition triggering the breach remains unidentified or uncured.
F. Disposition of Equipment and Materials.
(1) A contractor and participant shall notify the Administration immediately of any theft or missing property related to the program.
(2) If an agreement is terminated:
(a) The Administration shall promptly return to the contractor, or afford it a reasonable opportunity to collect any and all equipment, manuals, diagrams, computer hardware and software, and any other items and materials relating to the program that were supplied by the contractor and not paid for by the Administration; and
(b) A contractor shall similarly return to the Administration any permanent registration plates, stickers, and any other property of the Administration that is in the contractor's possession, custody, or control.
**History**
- *Administrative History: Effective date: July 23, 2001 (28:14 Md. R. 1322)*
- *Administrative History: Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733)*
- *Administrative History: Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Administrative History: Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261)*
- *Authority: Transportation Article, §§12-104(b), 13-108.1, 13-113, and 13-610, Annotated Code of Maryland*
### **11.15.32** Low Speed Vehicles
##### **COMAR 11.15.32.01** Applicability. {#sec-11.15.32.01 omnilex-key=us-md-regs-official--title-11--11.15.32.01}
This chapter applies to vehicles originally manufactured as low speed vehicles with originally installed equipment or equipment manufactured and installed to meet the federal and State safety requirements for low speed vehicles.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); adopted permanently effective May 22, 2006 (33:10 Md. R. 881)*
- *Administrative History: Regulation .11 adopted effective September 21, 2020 (47:19 Md. R. 849)*
- *Authority: Transportation Article, §§12-104(b), 11-130.1, 13-101.1, 13-402, 13-403, and 21-1125, Annotated Code of Maryland*
##### **COMAR 11.15.32.02** Purpose. {#sec-11.15.32.02 omnilex-key=us-md-regs-official--title-11--11.15.32.02}
The purpose of this chapter is to establish procedures for the titling, registration, and operation of low speed vehicles on certain highways in Maryland.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); adopted permanently effective May 22, 2006 (33:10 Md. R. 881)*
- *Administrative History: Regulation .11 adopted effective September 21, 2020 (47:19 Md. R. 849)*
- *Authority: Transportation Article, §§12-104(b), 11-130.1, 13-101.1, 13-402, 13-403, and 21-1125, Annotated Code of Maryland*
##### **COMAR 11.15.32.03** Incorporation by Reference. {#sec-11.15.32.03 omnilex-key=us-md-regs-official--title-11--11.15.32.03}
In this chapter, 49 CFR §571.500, as amended, is incorporated by reference.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); adopted permanently effective May 22, 2006 (33:10 Md. R. 881)*
- *Administrative History: Regulation .11 adopted effective September 21, 2020 (47:19 Md. R. 849)*
- *Authority: Transportation Article, §§12-104(b), 11-130.1, 13-101.1, 13-402, 13-403, and 21-1125, Annotated Code of Maryland*
##### **COMAR 11.15.32.04** Definitions. {#sec-11.15.32.04 omnilex-key=us-md-regs-official--title-11--11.15.32.04}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Low speed vehicle” has the meaning stated in Transportation Article §11-130.1, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); adopted permanently effective May 22, 2006 (33:10 Md. R. 881)*
- *Administrative History: Regulation .11 adopted effective September 21, 2020 (47:19 Md. R. 849)*
- *Authority: Transportation Article, §§12-104(b), 11-130.1, 13-101.1, 13-402, 13-403, and 21-1125, Annotated Code of Maryland*
##### **COMAR 11.15.32.05** Equipment. {#sec-11.15.32.05 omnilex-key=us-md-regs-official--title-11--11.15.32.05}
A. All low speed vehicles and all equipment originally installed or manufactured and installed in low speed vehicles shall meet the safety standards requirements of 49 CFR §571.500 and COMAR 11.14.09.
B. Low speed vehicles are not required to have the following equipment:
(1) Exhaust systems;
(2) Emissions equipment; or
(3) Fuel systems.
C. All low speed vehicles shall be equipped with an odometer.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); adopted permanently effective May 22, 2006 (33:10 Md. R. 881)*
- *Administrative History: Regulation .11 adopted effective September 21, 2020 (47:19 Md. R. 849)*
- *Authority: Transportation Article, §§12-104(b), 11-130.1, 13-101.1, 13-402, 13-403, and 21-1125, Annotated Code of Maryland*
##### **COMAR 11.15.32.06** Vehicle Class. {#sec-11.15.32.06 omnilex-key=us-md-regs-official--title-11--11.15.32.06}
The Administration shall title and register low speed vehicles as Class R.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); adopted permanently effective May 22, 2006 (33:10 Md. R. 881)*
- *Administrative History: Regulation .11 adopted effective September 21, 2020 (47:19 Md. R. 849)*
- *Authority: Transportation Article, §§12-104(b), 11-130.1, 13-101.1, 13-402, 13-403, and 21-1125, Annotated Code of Maryland*
##### **COMAR 11.15.32.07** Title and Registration Requirements. {#sec-11.15.32.07 omnilex-key=us-md-regs-official--title-11--11.15.32.07}
The owner of a low speed vehicle in this State shall:
A. Apply for a certificate of title, as required by Transportation Article §13-402, Annotated Code of Maryland;
B. Apply to the Administration for the registration of the vehicle as specified in Transportation Article §13-403, Annotated Code of Maryland, in order to operate a low speed vehicle on Maryland highways;
C. Provide evidence of required security prior to registration of the low speed vehicle, as required under Transportation Article, Title 17, Subtitle 1, Annotated Code of Maryland;
D. Upon transfer of ownership, produce an inspection certificate issued by an authorized Maryland Vehicle Inspection Station, that the vehicle passed a safety standards inspection, before subsequent registration; and
E. Pay all applicable title and registration fees required under COMAR 11.11.05 and Transportation Article, Title 11, Subtitle 13, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); adopted permanently effective May 22, 2006 (33:10 Md. R. 881)*
- *Administrative History: Regulation .11 adopted effective September 21, 2020 (47:19 Md. R. 849)*
- *Authority: Transportation Article, §§12-104(b), 11-130.1, 13-101.1, 13-402, 13-403, and 21-1125, Annotated Code of Maryland*
##### **COMAR 11.15.32.08** Disclosure to Low Speed Vehicle Buyer. {#sec-11.15.32.08 omnilex-key=us-md-regs-official--title-11--11.15.32.08}
A. A vehicle dealer selling a low speed vehicle shall provide a written disclosure signed by the buyer at the time of purchase. The disclosure shall include a statement that the low speed vehicle:
(1) Has a maximum speed of greater than 20 miles per hour, but less than 25 miles per hour;
(2) May not be operated on a public highway with a speed limit in excess of 30 miles per hour;
(3) May be a hazard on the roadways if it impedes traffic; and
(4) May subject the driver to citations for impeding traffic.
B. The vehicle dealer shall give a copy of the signed disclosure to the buyer and keep the original with the business records of vehicle transactions.
C. The low speed vehicle disclosure form may be printed and distributed by the dealership using the following format:
| LOW SPEED VEHICLE DISCLOSURE (Required by COMAR 11.15.32) THE VEHICLE INVOLVED IN THIS TRANSACTION IS CLASSIFIED AS A LOW SPEED VEHICLE. THIS VEHICLE: • Has a maximum speed of greater than 20 miles per hour, but less than 25 miles per hour; • May not be operated on a public highway with a speed limit in excess of 30 miles per hour; • May be a hazard on the roadways if it impedes traffic; and • May subject the driver to citations for impeding traffic. I have read the above disclosure and acknowledge receipt of a copy of this disclosure. Buyer's name: _____________________________________ Buyer's signature: __________________________________ Date: ____________________________________________ VIN: _____________________________________________ |
| --- |
**Cross References**
11.15.32.09B
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); adopted permanently effective May 22, 2006 (33:10 Md. R. 881)*
- *Administrative History: Regulation .11 adopted effective September 21, 2020 (47:19 Md. R. 849)*
- *Authority: Transportation Article, §§12-104(b), 11-130.1, 13-101.1, 13-402, 13-403, and 21-1125, Annotated Code of Maryland*
##### **COMAR 11.15.32.09** Disclosure Decal. {#sec-11.15.32.09 omnilex-key=us-md-regs-official--title-11--11.15.32.09}
Prior to the sale of a low speed vehicle, a permanent decal provided by the manufacturer or dealer shall be affixed to the underside of the roof near the windshield on the driver side. The disclosure decal shall:
A. Be approximately 3 inches high by 5 inches wide; and
B. Contain the disclosure statement information specified in Regulation .08 of this chapter.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); adopted permanently effective May 22, 2006 (33:10 Md. R. 881)*
- *Administrative History: Regulation .11 adopted effective September 21, 2020 (47:19 Md. R. 849)*
- *Authority: Transportation Article, §§12-104(b), 11-130.1, 13-101.1, 13-402, 13-403, and 21-1125, Annotated Code of Maryland*
##### **COMAR 11.15.32.10** Low Speed Vehicles Driving Prohibitions. {#sec-11.15.32.10 omnilex-key=us-md-regs-official--title-11--11.15.32.10}
A. Low speed vehicles are prohibited on Maryland highways as defined in Transportation Article, §21-1125, Annotated Code of Maryland.
B. Low speed vehicles may not be driven:
(1) On a highway for which the posted maximum speed limit exceeds 30 miles per hour;
(2) On an expressway or any controlled access highway on which prohibitions are posted in accordance with Transportation Article, §21-313, Annotated Code of Maryland;
(3) On a highway on which driving a low speed vehicle is prohibited by a county or municipal ordinance; or
(4) Across a highway for which the posted maximum speed limit exceeds 45 miles per hour, except at an intersection that is controlled by:
(a) A traffic control signal; or
(b) A stop sign at each approach to the intersection.
C. Low speed vehicles may not be used for skills testing to obtain a driver license.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); adopted permanently effective May 22, 2006 (33:10 Md. R. 881)*
- *Administrative History: Regulation .11 adopted effective September 21, 2020 (47:19 Md. R. 849)*
- *Authority: Transportation Article, §§12-104(b), 11-130.1, 13-101.1, 13-402, 13-403, and 21-1125, Annotated Code of Maryland*
##### **COMAR 11.15.32.11** Overweight Low Speed Vehicles. {#sec-11.15.32.11 omnilex-key=us-md-regs-official--title-11--11.15.32.11}
A. The Administration may designate a vehicle an overweight low speed vehicle.
B. To qualify as an overweight low speed vehicle, the owner may apply to the Administration and certify that the overweight low speed vehicle meets the federal motor vehicle safety standards for a low speed vehicle except for the weight of the vehicle.
C. The overweight low speed vehicle shall:
(1) Weigh in excess of 3,000 GVWR but less than 10,000 GVWR;
(2) Meet the provisions of low speed vehicles set forth in this chapter; and
(3) Meet any other safety limitations as specified by the Administration, including but not limited to:
(a) Geographic limitations on where the vehicles can operate;
(b) Periodic safety reporting on vehicle performance;
(c) A preregistration equipment review by the Maryland State Police; and
(d) A periodic equipment safety review.
D. The number of overweight low speed vehicles that can be owned by a single entity shall be determined by the Administration.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.10 adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); adopted permanently effective May 22, 2006 (33:10 Md. R. 881)*
- *Administrative History: Regulation .11 adopted effective September 21, 2020 (47:19 Md. R. 849)*
- *Authority: Transportation Article, §§12-104(b), 11-130.1, 13-101.1, 13-402, 13-403, and 21-1125, Annotated Code of Maryland*
### **11.15.33** Vehicle Trade-In Allowance
##### **COMAR 11.15.33.01** Applicability. {#sec-11.15.33.01 omnilex-key=us-md-regs-official--title-11--11.15.33.01}
This chapter applies to the use of a dealer trade-in allowance to determine the total purchase price of a vehicle that is used to calculate the excise tax remitted when purchasing another vehicle.
**History**
- *Administrative History: Effective date: April 6, 2009 (36:7 Md. R. 526)*
- *Administrative History: Regulation .05A, C amended effective November 24, 2014 (41:23 Md. R. 1374)*
- *Administrative History: Regulation .05F adopted effective November 24, 2014 (41:23 Md. R. 1374)*
- *Administrative History: Regulation .06C amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); amended permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Authority: Transportation Article, §§12-104(b), 13-809, and 13-812, Annotated Code of Maryland*
##### **COMAR 11.15.33.02** Purpose. {#sec-11.15.33.02 omnilex-key=us-md-regs-official--title-11--11.15.33.02}
The purpose of this chapter is to establish the requirements and guidelines for calculating the total purchase price of a vehicle when there is a dealer trade-in allowance, as set forth in Transportation Article, §13-809, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: April 6, 2009 (36:7 Md. R. 526)*
- *Administrative History: Regulation .05A, C amended effective November 24, 2014 (41:23 Md. R. 1374)*
- *Administrative History: Regulation .05F adopted effective November 24, 2014 (41:23 Md. R. 1374)*
- *Administrative History: Regulation .06C amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); amended permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Authority: Transportation Article, §§12-104(b), 13-809, and 13-812, Annotated Code of Maryland*
##### **COMAR 11.15.33.03** Definitions. {#sec-11.15.33.03 omnilex-key=us-md-regs-official--title-11--11.15.33.03}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Certified selling price” means the full price of the vehicle purchased before the trade-in allowance is deducted.
(3) “Dealer” has the meaning stated in Transportation Article, §11-111, Annotated Code of Maryland.
(4) Lease.
(a) “Lease” means a signed contract or agreement for the rental or leasing of a vehicle for more than 180 consecutive days.
(b) “Lease” includes a lease where the vehicle is intended or not intended as security as defined in Transportation Article, §11-127.1, Annotated Code of Maryland.
(5) “Leased vehicle” means a vehicle acquired from a dealer, by the lessor, for lease of the vehicle to a lessee for payment under the terms and conditions of a lease.
(6) “Lessee” means a person or entity who, under the terms and conditions of a lease made at the time of acquisition from a dealer, has possession of the leased vehicle.
(7) “Lessor” means a person or entity who, at the time of acquisition from a dealer, relinquished possession of the vehicle to a lessee under the terms and conditions of the lease.
(8) “Nonleased vehicle” means a vehicle in which a person or business entity holds both title to, and possession of, the vehicle.
(9) “Taxable price” means the total purchase price as stated in Transportation Article, §13-809, Annotated Code of Maryland.
(10) “Trade-in” means a vehicle assigned to a dealer for the purpose of receiving a deduction in value that is applied to the purchase price of another vehicle.
(11) “Trade-in allowance” means the amount determined by the dealer that is deducted from the purchase price of another vehicle.
**History**
- *Administrative History: Effective date: April 6, 2009 (36:7 Md. R. 526)*
- *Administrative History: Regulation .05A, C amended effective November 24, 2014 (41:23 Md. R. 1374)*
- *Administrative History: Regulation .05F adopted effective November 24, 2014 (41:23 Md. R. 1374)*
- *Administrative History: Regulation .06C amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); amended permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Authority: Transportation Article, §§12-104(b), 13-809, and 13-812, Annotated Code of Maryland*
##### **COMAR 11.15.33.04** Total Purchase Price. {#sec-11.15.33.04 omnilex-key=us-md-regs-official--title-11--11.15.33.04}
A. The total purchase price or taxable price of a vehicle is determined by the certified selling price agreed on by the buyer and the seller, including any dealer processing charges as defined in Transportation Article, §15-311.1, Annotated Code of Maryland, less an allowance for the trade-in. There is no other nonmonetary consideration.
B. The taxable price of the vehicle shall include:
(1) The retail purchase price;
(2) The shipping or freight charges;
(3) After manufacture items included with the vehicle at time of purchase; and
(4) Manufacturer rebates.
C. A dealer may not include the cost for any nontaxable items when determining the taxable price of the vehicle. Nontaxable items include:
(1) Dealer trade-in allowance;
(2) Dealer discounts or rebates;
(3) Extended warranties;
(4) Mechanical repair contracts;
(5) Federal excise tax;
(6) Electronic registration fee; and
(7) Equipment installed to accommodate a disabled person.
**History**
- *Administrative History: Effective date: April 6, 2009 (36:7 Md. R. 526)*
- *Administrative History: Regulation .05A, C amended effective November 24, 2014 (41:23 Md. R. 1374)*
- *Administrative History: Regulation .05F adopted effective November 24, 2014 (41:23 Md. R. 1374)*
- *Administrative History: Regulation .06C amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); amended permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Authority: Transportation Article, §§12-104(b), 13-809, and 13-812, Annotated Code of Maryland*
##### **COMAR 11.15.33.05** Trade-in Allowance. {#sec-11.15.33.05 omnilex-key=us-md-regs-official--title-11--11.15.33.05}
A. A dealer determines the trade-in allowance that is deducted from the purchase price of another vehicle.
B. A trade-in allowance may not be divided or deducted from the purchase price of more than one vehicle.
C. Only one traded-in vehicle can be applied to a sales transaction for purposes of the trade-in allowance deduction.
D. A vehicle titled in Maryland or out-of-State may be used as a trade-in.
E. If the vehicle traded-in is subject to a lien, the owner or co-owners of the vehicle are entitled to the full trade-in allowance, as stated in §A of this regulation, and deducted from the total purchase price. The trade-in allowance is not limited to the amount of equity the owner has in the vehicle.
F. If the trade-in allowance exceeds the trade-in value indicated in a national publication of used car values adopted for use by the Administration, the dealer shall provide documentation that satisfies the Administration that the higher trade-in value is justified. Documentation includes:
(1) Evidence of the amount required to release the lien on the trade-in vehicle;
(2) Evidence of the vehicle customization that increases the vehicle value;
(3) A current valuation from an alternative national publication; or
(4) If the traded-in vehicle has already been sold, the actual resale price of the trade-in vehicle.
**History**
- *Administrative History: Effective date: April 6, 2009 (36:7 Md. R. 526)*
- *Administrative History: Regulation .05A, C amended effective November 24, 2014 (41:23 Md. R. 1374)*
- *Administrative History: Regulation .05F adopted effective November 24, 2014 (41:23 Md. R. 1374)*
- *Administrative History: Regulation .06C amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); amended permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Authority: Transportation Article, §§12-104(b), 13-809, and 13-812, Annotated Code of Maryland*
##### **COMAR 11.15.33.06** Applying the Trade-in Allowance. {#sec-11.15.33.06 omnilex-key=us-md-regs-official--title-11--11.15.33.06}
A. When applying a trade-in allowance to the certified selling price to determine the taxable price of the vehicle purchased, the dealer shall complete one of the following forms:
(1) Application for Certificate of Title (VR-5);
(2) Maryland Dealers Reassignment (VR-182);
(3) Dealers Reassignment on the reverse side of the Maryland Certificate of Title (VR-2);
(4) The Dealer's or Auto Wreckers Re-Assignment on the reverse side of the Maryland Salvage Certificate (VR-108); or
(5) The Dealer's Reassignment on the reverse side of the Maryland Notice of Security Interest Filing (VR-2), if the dealer is selling a repossessed vehicle.
B. When applying a trade-in allowance, a dealer shall:
(1) Complete the Maryland Dealer's Certification portion of the application for title; or
(2) Provide an original bill of sale showing the certified selling price and amount of the trade-in allowance.
C. The dealer shall determine and enter on the Maryland Dealer's Certification portion of the application for title:
(1) The certified selling price;
(2) The trade-in allowance;
(3) The taxable price of the vehicle by deducting the amount of the trade-in allowance from the certified selling price;
(4) The gross tax remitted by calculating the applicable excise tax rate times the taxable price; and
(5) For licensed Maryland dealers, the net tax remitted by:
(a) Multiplying 0.6 percent times the gross tax remitted up to $12; and
(b) Subtracting the result from the gross tax collected.
D. When the trade-in allowance is equal to, or higher than, the total purchase price, the excise tax shall be $0.
E. When the excise tax is exempt under Transportation Article, §13-810, Annotated Code of Maryland, or calculated as $0 as set forth in §D of this regulation, no additional allowance or refund shall be given to the purchaser of the vehicle.
F. When a certificate of title or a dealer reassignment is submitted without the required Maryland Dealer's Certification showing the trade-in allowance information on the form, a dealer shall submit with the certificate of title or a dealer reassignment:
(1) A completed Application for Certificate of Title (VR-5) containing the required certification; or
(2) An original bill of sale showing the:
(a) Purchase price and the amount of trade-in allowance;
(b) Vehicle identification number of the trade-in vehicle; and
(c) State in which the trade-in vehicle was last titled.
**History**
- *Administrative History: Effective date: April 6, 2009 (36:7 Md. R. 526)*
- *Administrative History: Regulation .05A, C amended effective November 24, 2014 (41:23 Md. R. 1374)*
- *Administrative History: Regulation .05F adopted effective November 24, 2014 (41:23 Md. R. 1374)*
- *Administrative History: Regulation .06C amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); amended permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Authority: Transportation Article, §§12-104(b), 13-809, and 13-812, Annotated Code of Maryland*
##### **COMAR 11.15.33.07** Qualifications for Trade-in Allowance. {#sec-11.15.33.07 omnilex-key=us-md-regs-official--title-11--11.15.33.07}
A. A trade-in allowance under Transportation Article, §13-809(a)(3)(i), Annotated Code of Maryland, shall only apply when:
(1) The owner or co-owner of the trade-in vehicle is the owner or co-owner of the vehicle being purchased; or
(2) The owner or co-owner of the trade-in vehicle is a relative as defined in §B of this regulation of the owner or co-owner of the vehicle being purchased.
B. In this regulation, a relative means a spouse, son, daughter, grandchild, parent, sister, brother, grandparent, father-in-law, mother-in-law, son-in-law, or daughter-in-law of the owner or co-owner of the trade-in vehicle and is the owner or co-owner of the vehicle being purchased.
C. For a relative who qualifies for a trade-in allowance, the dealer shall submit an application for a certificate of title to the Administration with:
(1) A completed application for Maryland Gift Certification (VR-103) certifying the relationship to the owner or co-owner of the trade-in vehicle and vehicle being purchased; and
(2) Proof of the relationship if the last names of the relatives are different.
D. A trade-in allowance may be applied when the owner of the trade-in vehicle is the primary beneficiary of an inter-vivos trust and the purchased vehicle is in the name of the inter-vivos trust.
**History**
- *Administrative History: Effective date: April 6, 2009 (36:7 Md. R. 526)*
- *Administrative History: Regulation .05A, C amended effective November 24, 2014 (41:23 Md. R. 1374)*
- *Administrative History: Regulation .05F adopted effective November 24, 2014 (41:23 Md. R. 1374)*
- *Administrative History: Regulation .06C amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); amended permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Authority: Transportation Article, §§12-104(b), 13-809, and 13-812, Annotated Code of Maryland*
##### **COMAR 11.15.33.08** Trade-in Allowance for Leased Vehicles. {#sec-11.15.33.08 omnilex-key=us-md-regs-official--title-11--11.15.33.08}
A. A trade-in allowance under Transportation Article, §13-809(a)(3)(ii), Annotated Code of Maryland, may be applied to the purchase price of a leased vehicle if:
(1) The trade-in is in the same owner's name as the name of the lessee on the purchased vehicle; or
(2) The vehicle is:
(a) Owned by the same leasing company purchasing the vehicle;
(b) Being assigned to the dealer; and
(c) Becoming a part of the dealers inventory for resale.
B. A trade-in does not include a vehicle acquired by a dealer but not assigned to a dealer.
**History**
- *Administrative History: Effective date: April 6, 2009 (36:7 Md. R. 526)*
- *Administrative History: Regulation .05A, C amended effective November 24, 2014 (41:23 Md. R. 1374)*
- *Administrative History: Regulation .05F adopted effective November 24, 2014 (41:23 Md. R. 1374)*
- *Administrative History: Regulation .06C amended as an emergency provision effective August 18, 2011 (38:19 Md. R. 1146); amended permanently effective November 14, 2011 (38:23 Md. R. 1422)*
- *Authority: Transportation Article, §§12-104(b), 13-809, and 13-812, Annotated Code of Maryland*
### **11.15.34** Salvage Vehicle Calculation
##### **COMAR 11.15.34.01** Scope. {#sec-11.15.34.01 omnilex-key=us-md-regs-official--title-11--11.15.34.01}
This chapter is to establish the requirements and guidelines for determining what type of repairs can be deducted from the salvage vehicle calculation for the purpose of a title brand, as set forth in Transportation Article, §13-506, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.02 adopted as an emergency provision effective October 1, 2010 (37:21 Md. R. 1435); adopted permanently effective December 27, 2010 (37:26 Md. R. 1788)*
- *Authority: Transportation Article, §§12-104(b) and 13-506, Annotated Code of Maryland*
##### **COMAR 11.15.34.02** Cosmetic Damage. {#sec-11.15.34.02 omnilex-key=us-md-regs-official--title-11--11.15.34.02}
A. Cosmetic damage repairs are repairs done solely for the sake of appearance that are decorative or ornamental, superficial, nonsubstantive, and if left unrepaired, would not impact the vehicle's functionality, or render the vehicle unsafe or unable to operate on public roadways. Cosmetic damage shall not include any repair required to enable a vehicle to pass a safety inspection under COMAR 11.14.
B. Cosmetic damage repairs are those required solely for:
(1) Vehicle refinishing labor and materials;
(2) External trim molding and fascia;
(3) Molded, non-metal bumper covers;
(4) Grilles;
(5) Entertainment systems;
(6) Audiovisual, telephone, and mapping equipment;
(7) Emblems, stripes, and decals;
(8) Hubcaps and wheel covers;
(9) Interior carpet;
(10) Upholstery, excluding driver seat; and
(11) Interior door trim panels.
C. Except as set forth in §B(1) of this regulation, the cost for cosmetic damage repairs shall only include the cost of parts and materials and may not include the cost of labor.
D. The cost for cosmetic damage repair may not be included in the cost to repair the vehicle when determining the calculation for a salvage vehicle, as set forth in Transportation Article, §13-506(c)(4), Annotated Code of Maryland.
E. For purposes of determining the calculation for a salvage vehicle, any tax on the parts or labor may not be included.
F. For purposes of determining the calculation for a salvage vehicle, fair market value is the valuation shown in a national publication of used car values or from a computerized database that produces statistically valid fair market values and does not include costs for titling, registration, and applicable taxes.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.02 adopted as an emergency provision effective October 1, 2010 (37:21 Md. R. 1435); adopted permanently effective December 27, 2010 (37:26 Md. R. 1788)*
- *Authority: Transportation Article, §§12-104(b) and 13-506, Annotated Code of Maryland*
### **11.15.35** Mopeds, Motor Scooters, and Off-Highway Recreational Vehicles
##### **COMAR 11.15.35.01** Purpose. {#sec-11.15.35.01 omnilex-key=us-md-regs-official--title-11--11.15.35.01}
The purpose of this chapter is to clarify requirements for mopeds, motor scooters, and off-highway recreational vehicles.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.05 adopted as an emergency provision effective October 1, 2012 (39:21 Md. R. 1376); adopted permanently effective December 24, 2012 (39:25 Md. R. 1614)*
- *Authority: Transportation Article, §§11-134.1, 11-134.5, 12-104(b), 13-102, 13-106, 13-802, 13-806, 17-104.1, and 21-1306.1; Insurance Article, §19-505; Annotated Code of Maryland*
##### **COMAR 11.15.35.02** Definitions. {#sec-11.15.35.02 omnilex-key=us-md-regs-official--title-11--11.15.35.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Eye-protective device” means face shields, goggles, and spectacles as described under COMAR 11.13.05.03.
(3) “Moped” has the meaning stated in Transportation Article, §11-134.1, Annotated Code of Maryland.
(4) “Motor scooter” has the meaning stated in Transportation Article, §11-134.5, Annotated Code of Maryland.
(5) “Off-highway recreational vehicle” has the meaning stated in Transportation Article, §11-140.1, Annotated Code of Maryland.
(6) “Protective headgear” has the meaning stated in COMAR 11.13.05.01B(4).
(7) “Title decal” means a decal issued by the Motor Vehicle Administration, to be applied to a moped, motor scooter, or off-highway recreational vehicle for identification purposes.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.05 adopted as an emergency provision effective October 1, 2012 (39:21 Md. R. 1376); adopted permanently effective December 24, 2012 (39:25 Md. R. 1614)*
- *Authority: Transportation Article, §§11-134.1, 11-134.5, 12-104(b), 13-102, 13-106, 13-802, 13-806, 17-104.1, and 21-1306.1; Insurance Article, §19-505; Annotated Code of Maryland*
##### **COMAR 11.15.35.03** Mopeds and Motor Scooters. {#sec-11.15.35.03 omnilex-key=us-md-regs-official--title-11--11.15.35.03}
A. Mandatory Titling. An individual who owns a moped or motor scooter shall:
(1) Apply, in a format determined by the Administration, for a title and include on the application:
(a) The vehicle identification number;
(b) A serial number; or
(c) A unique identifying number issued by the Administration; and
(2) Pay the following fees:
(a) For a moped or motor scooter owned by the applicant prior to October 2, 2012, and titled prior to October 2, 2013, a title decal fee as set forth in Transportation Article, §13-106(d)(4)(i), Annotated Code of Maryland; and
(b) For all other mopeds or motor scooters:
(i) A title decal fee as set forth in Transportation Article, §13-106(d)(4)(i), Annotated Code of Maryland;
(ii) An excise tax as set forth in Transportation Article, §13-809(a)(2)(iv), Annotated Code of Maryland; and
(iii) A title fee as set forth in Transportation Article, §13-802(b)(2), Annotated Code of Maryland.
B. All mopeds and motor scooters in use on public highways as defined in Transportation Article, §11-127, Annotated Code of Maryland, shall display the title decal on the rear of the vehicle in a visible position.
C. Title decals may not be transferred to:
(1) Another vehicle; or
(2) A subsequent owner of the same vehicle.
D. Operators and riders on mopeds and motor scooters shall wear protective headgear and eye-protective devices as set forth under COMAR 11.13.05.02 and .03, respectively.
E. Operators of mopeds and motor scooters shall carry evidence of the required security in accordance with Transportation Article, §17-103, Annotated Code of Maryland, while operating the moped or motor scooter.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.05 adopted as an emergency provision effective October 1, 2012 (39:21 Md. R. 1376); adopted permanently effective December 24, 2012 (39:25 Md. R. 1614)*
- *Authority: Transportation Article, §§11-134.1, 11-134.5, 12-104(b), 13-102, 13-106, 13-802, 13-806, 17-104.1, and 21-1306.1; Insurance Article, §19-505; Annotated Code of Maryland*
##### **COMAR 11.15.35.04** Off-Highway Recreational Vehicles. {#sec-11.15.35.04 omnilex-key=us-md-regs-official--title-11--11.15.35.04}
A. Mandatory Titling. An individual who purchases an off-highway recreational vehicle on or after October 1, 2010, shall:
(1) Apply, in a format determined by the Administration, for a title and include on the application:
(a) The vehicle identification number;
(b) A serial number; or
(c) A unique identifying number issued by the Administration; and
(2) Pay the following fees:
(a) An excise tax as set forth in Transportation Article, §13-809(a)(2)(iv), Annotated Code of Maryland; and
(b) A title fee as set forth in Transportation Article, §13-802(a), Annotated Code of Maryland.
B. Owners of off-highway recreational vehicles may apply, in a format determined by the Administration, for a title decal and pay a fee as set forth in Transportation Article, §13-106(d)(4)(i), Annotated Code of Maryland.
C. Title decals may not be transferred to:
(1) Another vehicle; or
(2) A subsequent owner of the same vehicle.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.05 adopted as an emergency provision effective October 1, 2012 (39:21 Md. R. 1376); adopted permanently effective December 24, 2012 (39:25 Md. R. 1614)*
- *Authority: Transportation Article, §§11-134.1, 11-134.5, 12-104(b), 13-102, 13-106, 13-802, 13-806, 17-104.1, and 21-1306.1; Insurance Article, §19-505; Annotated Code of Maryland*
##### **COMAR 11.15.35.05** Lost or Damaged Title Decal. {#sec-11.15.35.05 omnilex-key=us-md-regs-official--title-11--11.15.35.05}
If a title decal becomes lost, stolen, mutilated, or illegible, a substitute title decal shall be issued for a fee, as set forth in Transportation Article, §13-106(d)(4)(i), Annotated Code of Maryland, to the owner of a moped, motor scooter, or off-highway recreational vehicle.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.05 adopted as an emergency provision effective October 1, 2012 (39:21 Md. R. 1376); adopted permanently effective December 24, 2012 (39:25 Md. R. 1614)*
- *Authority: Transportation Article, §§11-134.1, 11-134.5, 12-104(b), 13-102, 13-106, 13-802, 13-806, 17-104.1, and 21-1306.1; Insurance Article, §19-505; Annotated Code of Maryland*
### **11.15.36** Tax Credit Certificate
##### **COMAR 11.15.36.01** Applicability. {#sec-11.15.36.01 omnilex-key=us-md-regs-official--title-11--11.15.36.01}
This chapter applies to the issuance of a Tax Credit Certificate for an individual or a corporation to claim a credit against the State Income Tax for the expense of registering a qualified vehicle in the State during the taxable year, as set forth in Tax-General Article, §10-734.1, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: September 25, 2017 (44:19 Md. R. 897)*
- *Authority: Commercial Law Article, §§14-1502 and 14-1503; Tax-General Article, §10-734.1(g); Transportation Article, §§12-104(b), 13-808, and 13-817; Annotated Code of Maryland*
##### **COMAR 11.15.36.02** Definitions. {#sec-11.15.36.02 omnilex-key=us-md-regs-official--title-11--11.15.36.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Comptroller” means the Comptroller of Maryland.
(3) “Qualified vehicle” means a class F (tractor) vehicle described under Transportation Article, §13-923, Annotated Code of Maryland, that is titled and registered in the State.
(4) “Tax Credit Certificate” means a certificate issued by the Administration that certifies, a vehicle owner meets the requirements to claim a credit against the State Income Tax for the expense of registering the qualified vehicle in the State during the taxable year, as set forth under this chapter and in Tax-General Article, §10-734.1, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: September 25, 2017 (44:19 Md. R. 897)*
- *Authority: Commercial Law Article, §§14-1502 and 14-1503; Tax-General Article, §10-734.1(g); Transportation Article, §§12-104(b), 13-808, and 13-817; Annotated Code of Maryland*
##### **COMAR 11.15.36.03** Applying for a Tax Credit Certificate. {#sec-11.15.36.03 omnilex-key=us-md-regs-official--title-11--11.15.36.03}
A. An individual or a corporation seeking a Tax Credit Certificate shall apply for a certificate in a format prescribed by the Administration.
B. An applicant for a Tax Credit Certificate shall provide the Administration with a completed application, including the title number of the vehicle for which credit is sought.
**History**
- *Administrative History: Effective date: September 25, 2017 (44:19 Md. R. 897)*
- *Authority: Commercial Law Article, §§14-1502 and 14-1503; Tax-General Article, §10-734.1(g); Transportation Article, §§12-104(b), 13-808, and 13-817; Annotated Code of Maryland*
##### **COMAR 11.15.36.04** Issuance of a Tax Credit Certificate. {#sec-11.15.36.04 omnilex-key=us-md-regs-official--title-11--11.15.36.04}
A. In accordance with the Tax-General Article, §10-734.1, Annotated Code of Maryland, the Administration shall issue a Tax Credit Certificate.
B. The Administration may not issue a Tax Credit Certificate, for any taxable year, if:
(1) The required documents are not furnished or the information is incomplete; or
(2) The aggregate amount of Tax Credit Certificates exceeds the amount as set forth under Tax-General Article, §10-734.1(c)(2), Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: September 25, 2017 (44:19 Md. R. 897)*
- *Authority: Commercial Law Article, §§14-1502 and 14-1503; Tax-General Article, §10-734.1(g); Transportation Article, §§12-104(b), 13-808, and 13-817; Annotated Code of Maryland*
### **11.15.37** Temporary In-Transit Registration
##### **COMAR 11.15.37.01** Purpose. {#sec-11.15.37.01 omnilex-key=us-md-regs-official--title-11--11.15.37.01}
This chapter establishes the criteria necessary for a nonresident of the State to apply for, and receive, a temporary in-transit registration for purposes of transporting a vehicle purchased in Maryland to the nonresident purchaser’s state of residence for titling and registration.
**History**
- *Administrative History: Effective date: July 1, 2020 (47:13 Md. R. 641)*
- *Authority: Transportation Article, §§12-104(b) and 13-405.1, Annotated Code of Maryland*
##### **COMAR 11.15.37.02** Application for Temporary In-Transit Registration. {#sec-11.15.37.02 omnilex-key=us-md-regs-official--title-11--11.15.37.02}
A. A nonresident of the State who purchases a vehicle in the State and who wishes to transport the purchased vehicle to a jurisdiction outside the State for titling and registration shall apply for a temporary in-transit registration in a format prescribed by the Administration.
B. An applicant for a temporary in-transit registration shall provide the Administration with a completed application, the required fee as set forth in COMAR 11.11.05, and proof of the following, as described in Regulation .04 of this chapter:
(1) Identity;
(2) Residency;
(3) Vehicle ownership; and
(4) Insurance.
C. Application for a temporary in-transit registration may be submitted through:
(1) The Administration; or
(2) A licensed title service agent.
**History**
- *Administrative History: Effective date: July 1, 2020 (47:13 Md. R. 641)*
- *Authority: Transportation Article, §§12-104(b) and 13-405.1, Annotated Code of Maryland*
##### **COMAR 11.15.37.03** Period of Validity. {#sec-11.15.37.03 omnilex-key=us-md-regs-official--title-11--11.15.37.03}
A. A temporary in-transit registration shall:
(1) Be valid for a period of 14 days; and
(2) Indicate the expiration date.
B. The Administration or a licensed title service agent may not issue more than one temporary in-transit registration for each vehicle sales transaction.
**History**
- *Administrative History: Effective date: July 1, 2020 (47:13 Md. R. 641)*
- *Authority: Transportation Article, §§12-104(b) and 13-405.1, Annotated Code of Maryland*
##### **COMAR 11.15.37.04** Required Proofs. {#sec-11.15.37.04 omnilex-key=us-md-regs-official--title-11--11.15.37.04}
A. As proof of identity, an applicant for a temporary in-transit registration shall furnish a valid driver’s license.
B. As proof of residency, an applicant for a temporary in-transit registration shall complete a Verification of Residency form furnished by the Administration. The address reflected on the Verification of Residency form shall match the address reflected on the applicant’s driver’s license.
C. As proof of vehicle ownership, an applicant for a temporary in-transit registration shall provide a properly assigned certificate of title or other ownership documentation acceptable to the Administration, as well as a bill of sale. If the vehicle is less than 7 years old, the bill of sale shall be notarized.
D. As proof of insurance, an applicant for a temporary in-transit registration shall provide proof that the vehicle for which the temporary in-transit registration is to be issued is covered by the minimum amount of vehicle liability insurance required by Transportation Article, §17-103, Annotated Code of Maryland.
**Cross References**
11.15.37.02B
**History**
- *Administrative History: Effective date: July 1, 2020 (47:13 Md. R. 641)*
- *Authority: Transportation Article, §§12-104(b) and 13-405.1, Annotated Code of Maryland*
### **11.15.38** Electronic Lien Recording and Release
##### **COMAR 11.15.38.01** Purpose. {#sec-11.15.38.01 omnilex-key=us-md-regs-official--title-11--11.15.38.01}
The purpose of this chapter is to govern the electronic transmission of liens recorded and released on vehicle titles.
**History**
- *Administrative History: Effective date: February 22, 2021 (48:4 Md. R. 177)*
- *Authority: Commercial Law Article, §§12-622 and 12-1024; Transportation Article, §§13-108.1 and 13-610; Annotated Code of Maryland*
##### **COMAR 11.15.38.02** Definitions. {#sec-11.15.38.02 omnilex-key=us-md-regs-official--title-11--11.15.38.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Motor vehicle lienholder” means a person, or a holder or credit grantor, as defined in Commercial Law Article, that is regularly engaged in the business or practice of financing motor vehicles, including, but not limited to, banking institutions, financial institutions, and dealers regularly engaged in financing vehicles.
(3) “Vendor” means a person who has entered into an agreement with the Administration to provide an electronic system that links the Administration with an authorized participating company, for the purpose of accessing vehicle information and processing lien transactions electronically.
**History**
- *Administrative History: Effective date: February 22, 2021 (48:4 Md. R. 177)*
- *Authority: Commercial Law Article, §§12-622 and 12-1024; Transportation Article, §§13-108.1 and 13-610; Annotated Code of Maryland*
##### **COMAR 11.15.38.03** Requirement for an Electronic Lien Release. {#sec-11.15.38.03 omnilex-key=us-md-regs-official--title-11--11.15.38.03}
A. Effective January 1, 2021, all motor vehicle lienholders shall file electronically with the Administration:
(1) Each of its liens; and
(2) When a lien is paid in full, the lien release within 5 business days after receiving full payment.
B. To file electronically with the Administration, a motor vehicle lienholder shall:
(1) Have an agreement with a vendor approved by the Administration; or
(2) Have an agreement with the Administration to submit the information directly to the Administration through the Administration interface.
**History**
- *Administrative History: Effective date: February 22, 2021 (48:4 Md. R. 177)*
- *Authority: Commercial Law Article, §§12-622 and 12-1024; Transportation Article, §§13-108.1 and 13-610; Annotated Code of Maryland*
### **11.15.39** Electronic or Digital 24-Hour Registration
##### **COMAR 11.15.39.01** Purpose. {#sec-11.15.39.01 omnilex-key=us-md-regs-official--title-11--11.15.39.01}
This chapter establishes the criteria for the owner of a vehicle to apply for, pay for, and receive an electronic or digital 24-hour registration for the purpose of operating a vehicle on a highway in the State of Maryland.
**History**
- *Administrative History: Effective date: October 31, 2022 (49:22 Md. R. 979)*
- *Authority: Transportation Article, §§12-104(b) and 13-405.2, Annotated Code of Maryland*
##### **COMAR 11.15.39.02** Definitions. {#sec-11.15.39.02 omnilex-key=us-md-regs-official--title-11--11.15.39.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Electronic or digital 24-hour registration” means an online transaction provided by Administration through online services.
**History**
- *Administrative History: Effective date: October 31, 2022 (49:22 Md. R. 979)*
- *Authority: Transportation Article, §§12-104(b) and 13-405.2, Annotated Code of Maryland*
##### **COMAR 11.15.39.03** Application for Electronic or Digital 24-Hour Registration. {#sec-11.15.39.03 omnilex-key=us-md-regs-official--title-11--11.15.39.03}
A. The owner of a vehicle that is not currently registered in the new owner’s name in the State and who wishes to use the vehicle on a Maryland State highway may apply for an electronic or digital 24-hour registration in a format prescribed by the Administration.
B. An applicant for an electronic or digital 24-hour registration shall provide the Administration with a completed online application, the required fee set forth in COMAR 11.11.05, and proof of the following, as described in Regulation .04 of this chapter:
(1) Identity;
(2) Vehicle ownership; and
(3) Insurance.
C. An application for an electronic or digital 24-hour registration may be submitted through the Administration’s online services.
**History**
- *Administrative History: Effective date: October 31, 2022 (49:22 Md. R. 979)*
- *Authority: Transportation Article, §§12-104(b) and 13-405.2, Annotated Code of Maryland*
##### **COMAR 11.15.39.04** Period of Validity. {#sec-11.15.39.04 omnilex-key=us-md-regs-official--title-11--11.15.39.04}
A. An electronic or digital 24-hour registration shall:
(1) Be valid for a period of 24-hours; and
(2) Indicate the expiration date and time.
B. The Administration may not issue more than one 24-hour registration for each vehicle sales transaction.
**Cross References**
11.15.39.03B
**History**
- *Administrative History: Effective date: October 31, 2022 (49:22 Md. R. 979)*
- *Authority: Transportation Article, §§12-104(b) and 13-405.2, Annotated Code of Maryland*
##### **COMAR 11.15.39.05** Required Proofs. {#sec-11.15.39.05 omnilex-key=us-md-regs-official--title-11--11.15.39.05}
A. As proof of identity, an applicant for an electronic or digital 24-hour registration shall furnish a valid State-issued ID or driver’s license.
B. As proof of ownership, an applicant for an electronic or digital 24-hour registration shall provide a properly assigned certificate of title or other ownership documentation acceptable to the Administration.
C. As proof of insurance, an applicant for an electronic or digital 24-hour registration shall provide proof that the vehicle for which the electronic or digital 24-hour registration is to be issued is covered by the minimum amount of vehicle liability insurance required by Transportation Article, §17-103, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: October 31, 2022 (49:22 Md. R. 979)*
- *Authority: Transportation Article, §§12-104(b) and 13-405.2, Annotated Code of Maryland*
### **11.15.40** Electric Vehicle and Low Emission Vehicle Excise Tax Credit
##### **COMAR 11.15.40.01** Purpose. {#sec-11.15.40.01 omnilex-key=us-md-regs-official--title-11--11.15.40.01}
This chapter applies to plug-in electric drive vehicles and zero-emission plug in electric drive vehicles:
A. Applications for excise tax credits; and
B. Annual surcharge fees.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.04 adopted as an emergency provision effective July 19, 2023 (50:16 Md. R. 724); adopted permanently effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .01 amended effective May 26, 2025 (52:10 Md. R. 436)*
- *Administrative History: Regulation .03B amended effective May 26, 2025 (52:10 Md. R. 436)*
- *Administrative History: Regulation .04A amended effective May 26, 2025 (52:10 Md. R. 436)*
- *Administrative History: Regulation .05 adopted effective May 26, 2025 (52:10 Md. R. 436)*
- *Authority: Transportation Article §§12-104(b), 11-103.4, 13-815, and 13-956, Annotated Code of Maryland*
##### **COMAR 11.15.40.02** Incorporation by Reference. {#sec-11.15.40.02 omnilex-key=us-md-regs-official--title-11--11.15.40.02}
In this chapter, 15 U.S.C. §1232, as amended, is incorporated by reference.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.04 adopted as an emergency provision effective July 19, 2023 (50:16 Md. R. 724); adopted permanently effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .01 amended effective May 26, 2025 (52:10 Md. R. 436)*
- *Administrative History: Regulation .03B amended effective May 26, 2025 (52:10 Md. R. 436)*
- *Administrative History: Regulation .04A amended effective May 26, 2025 (52:10 Md. R. 436)*
- *Administrative History: Regulation .05 adopted effective May 26, 2025 (52:10 Md. R. 436)*
- *Authority: Transportation Article §§12-104(b), 11-103.4, 13-815, and 13-956, Annotated Code of Maryland*
##### **COMAR 11.15.40.03** Definitions. {#sec-11.15.40.03 omnilex-key=us-md-regs-official--title-11--11.15.40.03}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Autocycle” has the meaning stated in Transportation Article, §11-103.4, Annotated Code of Maryland.
(3) Base Purchase Price.
(a) “Base purchase price” means the standard vehicle price as printed on the Monroney sticker.
(b) “Base purchase price” does not include:
(i) Shipping or freight charges;
(ii) After manufacture items included with the vehicle at the time of purchase;
(iii) Extended warranties;
(iv) State or federal taxes;
(v) Registration fees;
(vi) Calculation of a dealer trade-in allowance;
(vii) Dealer discounts or rebates;
(viii) State, federal, or local government purchase incentives; or
(ix) Vehicle options.
(4) “Excise tax” has the meaning stated in Transportation Article, §13-809, Annotated Code of Maryland.
(5) “Fuel cell electric vehicle” has the meaning stated in Transportation Article, §11-125.1, Annotated Code of Maryland.
(6) “Monroney sticker” means the label required under 15 U.S.C. §1232, as amended.
(7) Plug-in Electric Drive Vehicle.
(a) “Plug-in electric drive vehicle” has the meaning stated in Transportation Article, §21-1003.2, Annotated Code of Maryland; and
(b) “Plug-in electric drive vehicle” is not a zero-emission plug in electric drive vehicle.
(8) Zero-Emission Plug-in Electric Drive Vehicle.
(a) “Zero-emission plug-in electric drive vehicle” has the meaning stated in Transportation Article, §13-815, Annotated Code of Maryland; and
(b) “Zero-emission plug-in electric drive vehicle” is not capable of producing tailpipe emissions.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.04 adopted as an emergency provision effective July 19, 2023 (50:16 Md. R. 724); adopted permanently effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .01 amended effective May 26, 2025 (52:10 Md. R. 436)*
- *Administrative History: Regulation .03B amended effective May 26, 2025 (52:10 Md. R. 436)*
- *Administrative History: Regulation .04A amended effective May 26, 2025 (52:10 Md. R. 436)*
- *Administrative History: Regulation .05 adopted effective May 26, 2025 (52:10 Md. R. 436)*
- *Authority: Transportation Article §§12-104(b), 11-103.4, 13-815, and 13-956, Annotated Code of Maryland*
##### **COMAR 11.15.40.04** Electric Vehicle Excise Tax Credit Eligibility. {#sec-11.15.40.04 omnilex-key=us-md-regs-official--title-11--11.15.40.04}
A. For determining eligibility of a zero-emission plug-in electric drive vehicle, fuel cell electric vehicle, zero-emission electric motorcycle, or zero-emission autocycle for a vehicle tax credit, the Administration shall use the base purchase price of the vehicle.
B. Subject to available funding, the vehicle owner is eligible to apply to the Administration for an applicable excise tax credit if the following conditions are met:
(1) The vehicle was purchased new and titled for the first time on or after July 1, 2023, but before July 1, 2027;
(2) The vehicle has not been modified from original manufacturer specifications;
(3) The vehicle is acquired for use or lease by the taxpayer and not for resale;
(4) The vehicle has a total base purchase price not exceeding $50,000;
(5) If applicable, the vehicle has a battery capacity of at least 5.0 kilowatt hours; and
(6) The applicant is either:
(a) An individual who has not received a previous excise tax credit for the purchase of a vehicle in accordance with Transportation Article, §13-815; Annotated Code of Maryland; or
(b) A business entity that has not received excise tax credits for the purchase of more than 10 vehicles in accordance with Transportation Article, §13-815, Annotated Code of Maryland.
C. Subject to available funding, the credit shall be issued in an amount in accordance with Transportation Article, §13-815, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.04 adopted as an emergency provision effective July 19, 2023 (50:16 Md. R. 724); adopted permanently effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .01 amended effective May 26, 2025 (52:10 Md. R. 436)*
- *Administrative History: Regulation .03B amended effective May 26, 2025 (52:10 Md. R. 436)*
- *Administrative History: Regulation .04A amended effective May 26, 2025 (52:10 Md. R. 436)*
- *Administrative History: Regulation .05 adopted effective May 26, 2025 (52:10 Md. R. 436)*
- *Authority: Transportation Article §§12-104(b), 11-103.4, 13-815, and 13-956, Annotated Code of Maryland*
##### **COMAR 11.15.40.05** Annual Surcharge Fee. {#sec-11.15.40.05 omnilex-key=us-md-regs-official--title-11--11.15.40.05}
A. In addition to the registration fee, a surcharge fee shall be assessed for plug-in electric drive vehicles and zero-emission plug-in electric drive vehicles pursuant to Transportation Article, §13-956, Annotated Code of Maryland.
B. Beginning August 1, 2026, this surcharge shall be adjusted annually for inflation. The inflation adjustment shall correspond to the growth in the Consumer Price Index, rounded to the nearest whole dollar, for all urban consumers as determined by the Comptroller in accordance with Tax General Article, §9-305, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date:*
- *Administrative History: Regulations .01—.04 adopted as an emergency provision effective July 19, 2023 (50:16 Md. R. 724); adopted permanently effective October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .01 amended effective May 26, 2025 (52:10 Md. R. 436)*
- *Administrative History: Regulation .03B amended effective May 26, 2025 (52:10 Md. R. 436)*
- *Administrative History: Regulation .04A amended effective May 26, 2025 (52:10 Md. R. 436)*
- *Administrative History: Regulation .05 adopted effective May 26, 2025 (52:10 Md. R. 436)*
- *Authority: Transportation Article §§12-104(b), 11-103.4, 13-815, and 13-956, Annotated Code of Maryland*
## **11.16.01** Transportation of Hazardous Materials
##### **COMAR 11.16.01.01** Applicability. {#sec-11.16.01.01 omnilex-key=us-md-regs-official--title-11--11.16.01.01}
A. This chapter applies to:
(1) Interstate and intrastate motor carriers, including officers and employees who directly affect the safe transportation of hazardous materials, operating in Maryland and transporting hazardous materials;
(2) Those persons set forth in Transportation Article, §22-409(b), Annotated Code of Maryland; and
(3) The State, or political subdivisions of the State, transporting hazardous materials within the State, except as provided in §B of this regulation.
B. The provisions of this chapter do not apply to law enforcement vehicles or other emergency service vehicles, such as fire and rescue vehicles, which transport hazardous materials required for the performance of their duties or services.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulations .01—.04 amended effective April 3, 1981 (8:7 Md. R. 642)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.02 adopted effective March 23, 1998 (25:6 Md. R. 489)*
- *Administrative History: Regulation .02B amended effective August 23, 1999 (26:17 Md. R. 1324); February 4, 2002 (29:2 Md. R. 94)*
- *Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, and 22-409, Annotated Code of Maryland*
##### **COMAR 11.16.01.02** Incorporation by Reference. {#sec-11.16.01.02 omnilex-key=us-md-regs-official--title-11--11.16.01.02}
A. In this chapter, the following documents are incorporated by reference.
B. Documents Incorporated.
(1) 49 CFR §§107.501—107.504 (Subpart F).
(2) 49 CFR §§107.601—107.620 (Subpart G).
(3) 49 CFR §§171—180.
(4) 49 CFR §383.71.
(5) 49 CFR §1572.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulations .01—.04 amended effective April 3, 1981 (8:7 Md. R. 642)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.02 adopted effective March 23, 1998 (25:6 Md. R. 489)*
- *Administrative History: Regulation .02B amended effective August 23, 1999 (26:17 Md. R. 1324); February 4, 2002 (29:2 Md. R. 94)*
- *Administrative History: Regulation .02B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, and 22-409, Annotated Code of Maryland*
## **11.16.02** Authorized Emergency and Service Vehicles
##### **COMAR 11.16.02.01** Application for Approval. {#sec-11.16.02.01 omnilex-key=us-md-regs-official--title-11--11.16.02.01}
A. A governmental agency, or any other person, may not operate any vehicle as an emergency or service vehicle, as set forth in the Transportation Article, §§11-118 and 22-201, Annotated Code of Maryland, unless the governmental agency, or other person, shall make application for approval from the Administrator, upon forms and in such a manner as may be prescribed by the Administrator. The agency, or person, must be in receipt of the written approval before operation of the vehicles as emergency or service vehicles.
B. Each vehicle and type of operation shall be listed on approval form with exceptions.
C. The application for approval as emergency or service vehicles shall contain such information as may be required by the Administrator for each and every vehicle, with the exception of any governmental agency, or other person, which operates more than 20 vehicles in the same type of emergency or service operation. In that case, the Administration may accept a certification from the agency, or person, covering all vehicles engaged in similar operations.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .03 amended effective October 31, 2022 (49:22 Md. R. 980)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
##### **COMAR 11.16.02.02** Interstate Operation. {#sec-11.16.02.02 omnilex-key=us-md-regs-official--title-11--11.16.02.02}
Notwithstanding the provisions of the Transportation Article, §22-218, Annotated Code of Maryland, nothing shall prohibit the interstate operation through Maryland of out of state police vehicles, equipped with and displaying red and/or blue oscillating or flashing lights, and fire department vehicles, rescue squad vehicles or ambulances, equipped with and displaying red and/or white oscillating or flashing lights while en route, at the scene of, or returning from an emergency during the course of official duty. This regulation does not apply to vehicles engaged in an intrastate operation.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .03 amended effective October 31, 2022 (49:22 Md. R. 980)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
##### **COMAR 11.16.02.03** Out-of-State Emergency Type Vehicles for Sale, Resale, or Demonstration Purposes Operating Through Maryland. {#sec-11.16.02.03 omnilex-key=us-md-regs-official--title-11--11.16.02.03}
A. Emergency type vehicles of manufacturers, distributors, dealers, and their authorized agents, equipped with red and/or white oscillating or flashing lights, and when properly registered in another jurisdiction, may not require the designation or authorization by the Administrator, pursuant to the provisions of the Transportation Article, §22-218, Annotated Code of Maryland, when operating interstate through Maryland for the sole purpose of sale, resale or, demonstration purposes. The use or display of these lights, in any manner, other than as provided for in Regulation .02, shall be deemed a violation of §22-218.
B. Out-of-State service type vehicles of any governmental agency, tow trucks, slow moving farm vehicles, and rural letter carriers shall be permitted to operate interstate through Maryland equipped with and displaying amber, green, or yellow oscillating or flashing lights or signal devices in accordance with Transportation Article, §22-218, Annotated Code of Maryland, while on official duty and when that operation impedes the normal flow of traffic and becomes a hazard to other motorists. The exemption set forth in this section may not apply to vehicles engaged in an intrastate operation.
C. Service type vehicles of manufacturers, distributors, dealers, and their authorized agents, equipped with amber oscillating or flashing lights, and when properly registered in another jurisdiction, may not require the designation or authorization by the Administrator, pursuant to the provisions of the Transportation Article, §22-218, Annotated Code of Maryland, when operating interstate through Maryland for the sole purpose of sale, resale, or demonstration purposes. The use or display of these lights, in any manner, other than as provided for in §B, shall be deemed a violation of §22-218.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .03 amended effective October 31, 2022 (49:22 Md. R. 980)*
- *Authority: Transportation Article, §12-104(b), Annotated Code of Maryland*
## **11.16.03** Personal Residential Permits for [Reserved Parking Spaces for Permanently Disabled Persons]
##### **COMAR 11.16.03.01** Definition. {#sec-11.16.03.01 omnilex-key=us-md-regs-official--title-11--11.16.03.01}
“Applicant” means for the purpose of administering Transportation Article, §21-1005, Annotated Code of Maryland, an individual who has a physical disability.
**History**
- *Administrative History: Effective date: November 19, 1973*
- *Administrative History: Chapter revised effective June 30, 1978 (6:13 Md. R. 1064)*
- *Administrative History: Regulation .01E adopted effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: Regulations .03, .05C, .06—.08 amended effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective July 18, 1994 (21:14 Md. R. 1229)*
- *Administrative History: ——————*
- *Administrative History: Chapter amended and recodified effective June 28, 1999 (26:13 Md. R. 1020)*
- *Authority: Transportation Article, §§12-104(b) and 21-1005, Annotated Code of Maryland*
##### **COMAR 11.16.03.02** Application. {#sec-11.16.03.02 omnilex-key=us-md-regs-official--title-11--11.16.03.02}
A. The application form shall be distributed upon request by the Administration.
B. The application shall be completed in full and signed by the applicant or the applicant's representative.
C. An application not signed by the physically disabled applicant, or the parent or guardian of a minor applicant, will be rejected.
D. The Administration shall mail permits to individuals whose applications have been approved.
E. Applications received for residents of Baltimore City shall be forwarded to the Baltimore City Department of Transportation for processing.
F. Applications received for residents of Baltimore County shall be forwarded to the Baltimore County Department of Traffic Engineering for processing.
**History**
- *Administrative History: Effective date: November 19, 1973*
- *Administrative History: Chapter revised effective June 30, 1978 (6:13 Md. R. 1064)*
- *Administrative History: Regulation .01E adopted effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: Regulations .03, .05C, .06—.08 amended effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective July 18, 1994 (21:14 Md. R. 1229)*
- *Administrative History: ——————*
- *Administrative History: Chapter amended and recodified effective June 28, 1999 (26:13 Md. R. 1020)*
- *Authority: Transportation Article, §§12-104(b) and 21-1005, Annotated Code of Maryland*
##### **COMAR 11.16.03.03** Medical Certification. {#sec-11.16.03.03 omnilex-key=us-md-regs-official--title-11--11.16.03.03}
A. A signed or certified statement from a licensed physician is required for an application for a permit. This statement shall certify that the applicant has a permanent physical disability that:
(1) Requires the applicant to use a wheelchair to move about; or
(2) Is so severe that the applicant would endure a hardship or be subject to a risk of injury if the applicant should enter or leave a vehicle at a less convenient location.
B. The Administration, at its discretion, may:
(1) Allow the physically disabled applicant to submit the statement from a licensed physician with the application; or
(2) Obtain the statement directly from the licensed physician.
**History**
- *Administrative History: Effective date: November 19, 1973*
- *Administrative History: Chapter revised effective June 30, 1978 (6:13 Md. R. 1064)*
- *Administrative History: Regulation .01E adopted effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: Regulations .03, .05C, .06—.08 amended effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective July 18, 1994 (21:14 Md. R. 1229)*
- *Administrative History: ——————*
- *Administrative History: Chapter amended and recodified effective June 28, 1999 (26:13 Md. R. 1020)*
- *Authority: Transportation Article, §§12-104(b) and 21-1005, Annotated Code of Maryland*
##### **COMAR 11.16.03.04** Parking Permits. {#sec-11.16.03.04 omnilex-key=us-md-regs-official--title-11--11.16.03.04}
A. An applicant may be issued a permit for the use of only one reserved parking space.
B. For the convenience of the applicant, an additional two permits for the use of the reserved parking space may be issued for vehicles belonging to members of the applicant's household.
C. Permits are not transferable.
D. Permits may only be used on household vehicles.
**History**
- *Administrative History: Effective date: November 19, 1973*
- *Administrative History: Chapter revised effective June 30, 1978 (6:13 Md. R. 1064)*
- *Administrative History: Regulation .01E adopted effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: Regulations .03, .05C, .06—.08 amended effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective July 18, 1994 (21:14 Md. R. 1229)*
- *Administrative History: ——————*
- *Administrative History: Chapter amended and recodified effective June 28, 1999 (26:13 Md. R. 1020)*
- *Authority: Transportation Article, §§12-104(b) and 21-1005, Annotated Code of Maryland*
##### **COMAR 11.16.03.05** Display of Permits. {#sec-11.16.03.05 omnilex-key=us-md-regs-official--title-11--11.16.03.05}
The parking permit shall be displayed as specified by the Administration.
**History**
- *Administrative History: Effective date: November 19, 1973*
- *Administrative History: Chapter revised effective June 30, 1978 (6:13 Md. R. 1064)*
- *Administrative History: Regulation .01E adopted effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: Regulations .03, .05C, .06—.08 amended effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective July 18, 1994 (21:14 Md. R. 1229)*
- *Administrative History: ——————*
- *Administrative History: Chapter amended and recodified effective June 28, 1999 (26:13 Md. R. 1020)*
- *Authority: Transportation Article, §§12-104(b) and 21-1005, Annotated Code of Maryland*
##### **COMAR 11.16.03.06** Parking Space. {#sec-11.16.03.06 omnilex-key=us-md-regs-official--title-11--11.16.03.06}
A. The reserved parking space shall be located as near the front, side, or edge of the applicant's property line as possible.
B. The reserved space may not be longer than 25 feet in length.
C. A reserved parking space may not be authorized to the applicant whose property has adequate and accessible off-street parking available.
D. A reserved parking space may not be authorized for any roadways that have parking or other restrictions prohibiting parking at any time.
E. All reserved parking spaces on roadways that have established restrictions prohibiting parking at certain times shall also be restricted to the prohibited times.
F. A vehicle using a reserved parking space shall be parked entirely within the space.
G. Reserved parking spaces shall be used when possible instead of other public parking spaces.
**History**
- *Administrative History: Effective date: November 19, 1973*
- *Administrative History: Chapter revised effective June 30, 1978 (6:13 Md. R. 1064)*
- *Administrative History: Regulation .01E adopted effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: Regulations .03, .05C, .06—.08 amended effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective July 18, 1994 (21:14 Md. R. 1229)*
- *Administrative History: ——————*
- *Administrative History: Chapter amended and recodified effective June 28, 1999 (26:13 Md. R. 1020)*
- *Authority: Transportation Article, §§12-104(b) and 21-1005, Annotated Code of Maryland*
##### **COMAR 11.16.03.07** Sign. {#sec-11.16.03.07 omnilex-key=us-md-regs-official--title-11--11.16.03.07}
A handicapped parking sign shall contain a “wheelchair” symbol and the permit number, and be in a form specified by the Administrator of the State Highway Administration.
**History**
- *Administrative History: Effective date: November 19, 1973*
- *Administrative History: Chapter revised effective June 30, 1978 (6:13 Md. R. 1064)*
- *Administrative History: Regulation .01E adopted effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: Regulations .03, .05C, .06—.08 amended effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective July 18, 1994 (21:14 Md. R. 1229)*
- *Administrative History: ——————*
- *Administrative History: Chapter amended and recodified effective June 28, 1999 (26:13 Md. R. 1020)*
- *Authority: Transportation Article, §§12-104(b) and 21-1005, Annotated Code of Maryland*
##### **COMAR 11.16.03.08** Authorized Handicapped Parking Sign. {#sec-11.16.03.08 omnilex-key=us-md-regs-official--title-11--11.16.03.08}
A. Except in Baltimore City and Baltimore County, upon approval by the Motor Vehicle Administration, the State Highway Administration shall erect the authorized handicapped parking sign.
B. In Baltimore City and Baltimore County, approval and erection of authorized handicapped parking signs shall be performed by the respective jurisdiction.
**History**
- *Administrative History: Effective date: November 19, 1973*
- *Administrative History: Chapter revised effective June 30, 1978 (6:13 Md. R. 1064)*
- *Administrative History: Regulation .01E adopted effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: Regulations .03, .05C, .06—.08 amended effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective July 18, 1994 (21:14 Md. R. 1229)*
- *Administrative History: ——————*
- *Administrative History: Chapter amended and recodified effective June 28, 1999 (26:13 Md. R. 1020)*
- *Authority: Transportation Article, §§12-104(b) and 21-1005, Annotated Code of Maryland*
##### **COMAR 11.16.03.09** Revocation of Parking Permit and Reserved Parking Space. {#sec-11.16.03.09 omnilex-key=us-md-regs-official--title-11--11.16.03.09}
A reserved space and all parking permits shall be immediately revoked by the Motor Vehicle Administration upon receiving evidence:
A. Of false statements on the application;
B. Of the misuse of the parking privilege;
C. Of the rezoning or reclassification of the roadway restrictions to prohibit parking at any time;
D. That the permit holder's disability has improved to the point where the permit holder can safely enter or leave a vehicle at a less convenient location;
E. That the permit holder's dwelling unit or adjacent property has been modified to provide adequate and accessible off-street parking; or
F. That the permit holder has failed or refused to provide documentation to substantiate the permit holder's continued need for reserved parking, when requested by the Administration.
**History**
- *Administrative History: Effective date: November 19, 1973*
- *Administrative History: Chapter revised effective June 30, 1978 (6:13 Md. R. 1064)*
- *Administrative History: Regulation .01E adopted effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: Regulations .03, .05C, .06—.08 amended effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective July 18, 1994 (21:14 Md. R. 1229)*
- *Administrative History: ——————*
- *Administrative History: Chapter amended and recodified effective June 28, 1999 (26:13 Md. R. 1020)*
- *Authority: Transportation Article, §§12-104(b) and 21-1005, Annotated Code of Maryland*
##### **COMAR 11.16.03.10** Notification to State Highway Administration. {#sec-11.16.03.10 omnilex-key=us-md-regs-official--title-11--11.16.03.10}
A copy of the application shall be forwarded to the State Highway Administration immediately after approval.
**History**
- *Administrative History: Effective date: November 19, 1973*
- *Administrative History: Chapter revised effective June 30, 1978 (6:13 Md. R. 1064)*
- *Administrative History: Regulation .01E adopted effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: Regulations .03, .05C, .06—.08 amended effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.09 repealed and new Regulations .01—.09 adopted effective July 18, 1994 (21:14 Md. R. 1229)*
- *Administrative History: ——————*
- *Administrative History: Chapter amended and recodified effective June 28, 1999 (26:13 Md. R. 1020)*
- *Authority: Transportation Article, §§12-104(b) and 21-1005, Annotated Code of Maryland*
## **11.16.04** Revocation of Disabled Registration Plates and Parking Placards
##### **COMAR 11.16.04.01** Purpose. {#sec-11.16.04.01 omnilex-key=us-md-regs-official--title-11--11.16.04.01}
The purpose of this chapter is to establish procedures for the revocation of disabled registration plates and parking placards issued by the Administration under Transportation Article, §13-616, 13-616.1, or 13-616.2, Annotated Code of Maryland, if the Administration determines an individual has committed fraud, made any misrepresentation in applying for or using disabled registration plates or parking placard, or currently fails to meet the requirements for the issuance of disabled registration plates or parking placard.
**History**
- *Administrative History: Effective date: March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .04D repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Authority: Transportation Article, §§12-104(b), 13-616, 13-616.1, and 13-616.2, Annotated Code of Maryland*
##### **COMAR 11.16.04.02** Definitions. {#sec-11.16.04.02 omnilex-key=us-md-regs-official--title-11--11.16.04.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Disabled registration plates” means special disabled registration plates issued by the Administration to individuals who meet the requirements under Transportation Article, §13-616, Annotated Code of Maryland.
(3) “Owner” means an individual issued disabled registration plates or a parking placard under Transportation Article, §13-616, 13-616.1, or 13-616.2, Annotated Code of Maryland.
(4) “Parking placard” means a disabled parking placard issued by the Administration to individuals with disabilities who meet the requirements of Transportation Article, §§13-616.1 or 13-616.2, Annotated Code of Maryland.
(5) “Revoke” means to cancel and recall disabled registration plates or parking placards issued by the Administration under Transportation Article, §13-616, 13-616.1, or 13-616.2, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .04D repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Authority: Transportation Article, §§12-104(b), 13-616, 13-616.1, and 13-616.2, Annotated Code of Maryland*
##### **COMAR 11.16.04.03** Complaints. {#sec-11.16.04.03 omnilex-key=us-md-regs-official--title-11--11.16.04.03}
A. Complaints made to the Administration regarding fraud or misrepresentation in applying for or using disabled registration plates or parking placards, or individuals with disabled registration plates or parking placards who do not meet the eligibility requirement shall be:
(1) Submitted in writing;
(2) Submitted on a form approved by the Administration; and
(3) Signed under penalties of perjury by the complainant.
B. The Administration shall review the complaint and may conduct an investigation to determine if an individual with disabled registration plates or a parking placard:
(1) Committed fraud in the application for the disabled registration plates or parking placard;
(2) Made any misrepresentation in applying for or using the disabled registration plates or parking placard; or
(3) Does not currently meet the eligibility requirements for the issuance of the disabled registration plates or parking placard.
C. The Administration shall maintain a record of all investigations conducted regarding fraud, misrepresentation, or ineligibility of individuals with disabled registration plates or parking placards issued by the Administration for:
(1) 1 year from the date the investigation is closed, if no administrative action was taken to revoke the disabled registration plates or parking placard; or
(2) 8 years from the date the disabled registration plates or parking placards were revoked.
**History**
- *Administrative History: Effective date: March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .04D repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Authority: Transportation Article, §§12-104(b), 13-616, 13-616.1, and 13-616.2, Annotated Code of Maryland*
##### **COMAR 11.16.04.04** Revocation of Disabled Registration Plates or Parking Placards. {#sec-11.16.04.04 omnilex-key=us-md-regs-official--title-11--11.16.04.04}
The Administration may revoke an owner’s disabled registration plates or parking placard, if after an investigation, the Administration determines that the owner of the disabled registration plates or parking placard:
A. Committed fraud in the application for the disabled registration plates or parking placard;
B. Made any misrepresentation in applying for or using the disabled registration plates or parking placard; or
C. Does not currently meet the eligibility requirements for the issuance of disabled registration plates or parking placard.
**History**
- *Administrative History: Effective date: March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .04D repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Authority: Transportation Article, §§12-104(b), 13-616, 13-616.1, and 13-616.2, Annotated Code of Maryland*
##### **COMAR 11.16.04.05** Notice of Revocation. {#sec-11.16.04.05 omnilex-key=us-md-regs-official--title-11--11.16.04.05}
A. The Administration shall send a notice of the proposed revocation to the owner of disabled registration plates or parking placard, and that notice shall be:
(1) In writing; and
(2) Sent by U. S. mail to the individual at the address on record with the Administration.
B. The notice shall advise the individual of the following:
(1) The date the disabled registration plates or parking placard will be revoked;
(2) The reason for the revocation of the disabled registration plates or parking placard;
(3) That an administrative hearing may be requested by sending a written request to the Administration within 15 days of the notice of revocation to appeal the decision to revoke the disabled registration plates or parking placard;
(4) That the effective date of the revocation will be stayed until a requested administrative hearing is conducted; and
(5) That the individual may be represented by an attorney at the administrative hearing.
C. Failure to appear for the scheduled administrative hearing shall result in the immediate revocation of the disabled registration plates or parking placard.
**History**
- *Administrative History: Effective date: March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .04D repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Authority: Transportation Article, §§12-104(b), 13-616, 13-616.1, and 13-616.2, Annotated Code of Maryland*
##### **COMAR 11.16.04.06** Surrender of Revoked Disabled Registration Plates or Parking Placards. {#sec-11.16.04.06 omnilex-key=us-md-regs-official--title-11--11.16.04.06}
A. The owner shall surrender to the Administration all disabled registration plates or parking placards revoked by the Administration.
B. Failure to surrender revoked disabled registration plates or parking placards will result in the Administration's issuance of an order to pick up the plates or placards.
C. The Administration shall issue substitute registration plates to replace the surrendered disabled registration plates for the remainder of the registration period.
**History**
- *Administrative History: Effective date: March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .04D repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Authority: Transportation Article, §§12-104(b), 13-616, 13-616.1, and 13-616.2, Annotated Code of Maryland*
##### **COMAR 11.16.04.07** Reissue of Disabled Registration Plates or Parking Placard. {#sec-11.16.04.07 omnilex-key=us-md-regs-official--title-11--11.16.04.07}
If an individual’s disabled registration plates or parking placard has been revoked, before the issuance of new disabled registration plates or parking placard, the individual shall submit an application for the disabled registration plates or parking placard for investigation to determine the validity of the individual’s information on the application.
**History**
- *Administrative History: Effective date: March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .04D repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Authority: Transportation Article, §§12-104(b), 13-616, 13-616.1, and 13-616.2, Annotated Code of Maryland*
## **11.16.05** Unified Truck Travel
##### **COMAR 11.16.05.01** Approval for Operation. {#sec-11.16.05.01 omnilex-key=us-md-regs-official--title-11--11.16.05.01}
A. Except as provided in §B of this regulation, a person may not operate a motor vehicle without leaving enough space so that an overtaking vehicle may enter and occupy the space between the trucks unless the driver is in receipt of written approval from the Administration.
B. A person may apply to the Administration for written approval for the operation of trucks in an electronically unified manner in conformity with Transportation Article, §21-310(f), Annotated Code of Maryland, and with this chapter.
C. The applicant shall certify to the Administration that the trucks will be operated in conformity with this chapter and related policies or procedures established by the Administration.
D. The driver shall carry copies of the written approval while operating the truck in a unified manner in accordance with this chapter.
**History**
- *Administrative History: Effective date: October 18, 2021 (48:21 Md. R. 890)*
- *Authority: Transportation Article, §§12-104(b) and 21-310(f), Annotated Code of Maryland*
##### **COMAR 11.16.05.02** Operational Requirements. {#sec-11.16.05.02 omnilex-key=us-md-regs-official--title-11--11.16.05.02}
A. The applicant shall submit an Operational Plan to the Administration. The Operational Plan shall include:
(1) A description of the type of technology that is being utilized in the participating truck, including detailed descriptions of the vehicle safety features;
(2) The route information, including the locations, dates, and times of planned travel;
(3) The types of traffic and roadway conditions expected to be encountered;
(4) Any environmental condition limitations;
(5) A description of the driver training plan for drivers of the participating truck; and
(6) A company contact for the purpose of communication with the Administration.
B. The Administration shall conduct a safety evaluation of the Operational Plan in consultation with appropriate agencies, including but not limited to the Maryland State Police, the Maryland Transportation Authority, and the Maryland Department of Transportation State Highway Administration. The Administration may:
(1) Approve the plan without changes;
(2) Request modifications to the Operational Plan; or
(3) Deny the Operational Plan.
C. The Administration, the Maryland State Police, the Maryland Transportation Authority, or the Maryland Department of Transportation State Highway Administration may request an inspection of all technology and safety equipment prior to or any time after approval.
D. The Administration reserves the right to withdraw written approval for any lawful reason, including but not limited to failure to comply with this regulation or any related policies or procedures established by the Administration.
**History**
- *Administrative History: Effective date: October 18, 2021 (48:21 Md. R. 890)*
- *Authority: Transportation Article, §§12-104(b) and 21-310(f), Annotated Code of Maryland*
##### **COMAR 11.16.05.03** Prohibitions. {#sec-11.16.05.03 omnilex-key=us-md-regs-official--title-11--11.16.05.03}
A. A driver may not operate a truck as permitted by Transportation Article, §21-310(f), Annotated Code of Maryland:
(1) In a highway work zone as defined in COMAR 11.04.15.01B(5);
(2) While transporting hazardous materials as defined by the Hazardous Material Regulation of the U.S. Department of Transportation;
(3) While transporting loose materials as defined in Transportation Article, §24-106.1(d), Annotated Code of Maryland;
(4) On any road except a controlled access highway as defined in Transportation Article, §21-101(g), Annotated Code of Maryland; and
(5) While carrying an overweight or oversize load as defined in Transportation Article, §24-112, Annotated Code of Maryland.
B. No more than two trucks may operate as permitted by Transportation Article, §21-310(f), Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: October 18, 2021 (48:21 Md. R. 890)*
- *Authority: Transportation Article, §§12-104(b) and 21-310(f), Annotated Code of Maryland*
##### **COMAR 11.16.05.04** Safety. {#sec-11.16.05.04 omnilex-key=us-md-regs-official--title-11--11.16.05.04}
A. While traveling under the authority of an approval of this chapter, the driver shall comply with:
(1) The vehicle laws of Maryland;
(2) The regulations of this chapter; and
(3) Any other conditions, both general and specific, attached to the approval.
B. When operating a truck under the approval of this chapter, the driver shall ensure the safety of the public.
**History**
- *Administrative History: Effective date: October 18, 2021 (48:21 Md. R. 890)*
- *Authority: Transportation Article, §§12-104(b) and 21-310(f), Annotated Code of Maryland*
## **11.17.01** Reexamination of Drivers
##### **COMAR 11.17.01.01** Reexamination. {#sec-11.17.01.01 omnilex-key=us-md-regs-official--title-11--11.17.01.01}
The Motor Vehicle Administration may require a person, licensed as a Maryland driver, to be reexamined if any of the following conditions exist:
A. The driver has been charged with a moving violation in the State, and the presiding judge has recommended reexamination;
B. The driver's medical file has been before the Medical Advisory Board of the Motor Vehicle Administration, and the Board has recommended reexamination;
C. The driver has appeared at an administrative hearing, and the hearing officer has recommended reexamination; or
D. The driver has been referred by a police officer who gives reason to believe that the driver should be reexamined.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulations .01 and .02 amended effective October 13, 1976 (3:21 Md. R. 1208)*
- *Administrative History: Regulation .01 amended effective September 22, 1978 (5:19 Md. R. 1446); February 3, 1992 (19:2 Md. R. 154)*
- *Administrative History: Regulation .02 repealed and new Regulation .02 adopted effective February 3, 1992 (19:2 Md. R. 154)*
- *Authority: Transportation Article, §§12-104(b), 16-106, 16-110, 16-115, 16-206(a) and (b), and 16-207, Annotated Code of Maryland*
##### **COMAR 11.17.01.02** Determining Fitness. {#sec-11.17.01.02 omnilex-key=us-md-regs-official--title-11--11.17.01.02}
A. If the Motor Vehicle Administration receives, in a manner other than described in Regulation .01, information which indicates that a driver is unsafe or unfit to drive, the Motor Vehicle Administration may reexamine the driver to determine the driver's safety or fitness to drive.
B. The Motor Vehicle Administration may not require that a person be reexamined under this regulation unless an investigation of the underlying facts has been conducted by the Motor Vehicle Administration.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulations .01 and .02 amended effective October 13, 1976 (3:21 Md. R. 1208)*
- *Administrative History: Regulation .01 amended effective September 22, 1978 (5:19 Md. R. 1446); February 3, 1992 (19:2 Md. R. 154)*
- *Administrative History: Regulation .02 repealed and new Regulation .02 adopted effective February 3, 1992 (19:2 Md. R. 154)*
- *Authority: Transportation Article, §§12-104(b), 16-106, 16-110, 16-115, 16-206(a) and (b), and 16-207, Annotated Code of Maryland*
## **11.17.02** Expiration and Renewal of Driver's License
##### **COMAR 11.17.02.01** Expired Driver's License. {#sec-11.17.02.01 omnilex-key=us-md-regs-official--title-11--11.17.02.01}
Previously licensed Maryland drivers who fail to renew their driver's licenses within 1 year after expiration are required to:
A. Apply for their license in person.
B. Pay the license fee for issuance of an original license, as set forth in COMAR 11.11.05. Applicants eligible for a Class M license in combination with any other license classification enumerated under Transportation Article, §16-104.1, Annotated Code of Maryland, shall pay an original license fee as set forth in COMAR 11.11.05 for issuance of a new license for each classification of license issued.
C. Be examined as required by Transportation Article, §§16-110 and 16.115(c), Annotated Code of Maryland, for each classification of license issued.
D. Present documentation in accordance with COMAR 11.17.09.
**History**
- *Administrative History: Effective date: December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2755); March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .01B, C amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02 adopted effective October 11, 1993 (20:20 Md. R. 1573)*
- *Administrative History: Regulation .02E amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Authority: Transportation Article, §§12-104(b), 16-110(b), 16-111.1, and 16-115, Annotated Code of Maryland*
##### **COMAR 11.17.02.02** Armed Forces Licensees Absent from the State. {#sec-11.17.02.02 omnilex-key=us-md-regs-official--title-11--11.17.02.02}
A. An individual's driver's license remains in full force and effect if the individual is:
(1) Absent from this State on active duty in the armed forces of the United States; or
(2) A dependent of and residing with a member of the armed forces of the United States, on active duty outside this State.
B. If a license is valid under §A of this regulation, but that license would otherwise have expired, the license remains in effect until the earlier of the following dates:
(1) 30 days following the date of the licensee's return to this State; or
(2) 30 days following the licensee's discharge from active duty.
C. The provisions of §B of this regulation do not apply if the license is suspended, revoked, or canceled during the 30-day period following the licensee's return to this State.
D. Although the driver's license remains in effect while a member of the armed forces is absent from this State, a member of the armed forces on active duty and the member's dependents, whose driver's licenses will expire while they are absent from the State, are encouraged to renew their driver's licenses by mail and receive valid, without photo, licenses.
E. If a license has expired, a member of the armed forces and the member's dependents shall, upon returning to the State, present documents in accordance with COMAR 11.17.09.06 for purposes of renewing their driver's licenses.
F. A member of the armed forces renewing a license under §E of this regulation may verify temporary out-of-State residency by presenting the following documents:
(1) The member's military identification card; and
(2) A copy of the armed forces member's military orders indicating active duty outside this State.
G. A dependent of a member of the armed forces renewing a license under §E of this regulation may verify temporary out-of-State residency by presenting the following documents:
(1) The dependent's military dependent identification card;
(2) A copy of the armed forces member's military orders indicating active duty outside this State; and
(3) A certified statement from the armed forces member verifying that the:
(a) Dependent has been residing outside this State with the member; and
(b) Member was on active duty.
**History**
- *Administrative History: Effective date: December 28, 1979 (6:26 Md. R. 2075)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2755); March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .01B, C amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02 adopted effective October 11, 1993 (20:20 Md. R. 1573)*
- *Administrative History: Regulation .02E amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Authority: Transportation Article, §§12-104(b), 16-110(b), 16-111.1, and 16-115, Annotated Code of Maryland*
## **11.17.03** Physical and Mental Condition
##### **COMAR 11.17.03.01** Physical Condition of Applicant. {#sec-11.17.03.01 omnilex-key=us-md-regs-official--title-11--11.17.03.01}
A. Pursuant to the Maryland Vehicle Law and these regulations, the Administrator shall obtain information regarding the physical and mental condition of an individual who seeks to drive on the highways of this State.
B. Drivers of Commercial Motor Vehicles.
(1) Drivers of commercial vehicles shall meet the physical qualifications in §B(2)—(4) of this regulation.
(2) Interstate Operations. Interstate drivers of commercial motor vehicles shall meet the physical qualifications of the Federal Motor Carrier Safety Regulations contained in 49 CFR 390—392, which is incorporated by reference.
(3) Intrastate Operations. Intrastate drivers of commercial motor vehicles shall meet the physical qualifications of COMAR 11.21.01 which incorporates by reference, subject to certain amendments and exemptions, the Federal Motor Carrier Safety Regulations contained in 49 CFR 390—392.
(4) School Vehicle Operations. Drivers of school vehicles shall meet the physical qualifications of COMAR 11.19.05 and 11.21.01 which incorporate by reference, subject to certain amendments and exemptions, the Federal Motor Carrier Safety Regulations contained in 49 CFR 390—392.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 152)*
- *Administrative History: Regulations .01, .02, .04, .06, and .08 amended effective September 22, 1978 (5:19 Md. R. 1446)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: Regulations .01, .02, .04, and .05 amended effective June 21, 1982 (9:12 Md. R. 1224)*
- *Administrative History: Regulation .01 amended, Regulation .02 repealed, and new Regulations .02 and .02-1 adopted as an emergency provision effective October 27, 1986 (13:24 Md. R. 2555); adopted permanently effective April 6, 1987 (14:7 Md. R. 832)*
- *Administrative History: Regulation .01 amended effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .02 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .02A, B amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .02-1A amended effective November 10, 2003 (30:22 Md. R. 1583); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02-1B amended effective September 16, 1991 (18:18 Md. R. 2007); April 7, 2008 (35:7 Md. R. 750)*
- *Administrative History: Regulation .03 amended effective April 7, 2008 (35:7 Md. R. 750); March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04 amended effective January 15, 1996 (23:1 Md. R. 29); September 30, 2002 (29:19 Md. R. 1525); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553); March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .04F amended effective September 7, 1987 (14:18 Md. R. 1967)*
- *Administrative History: Regulation .04I amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .05F amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .07 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .08 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .08A amended effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .09 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .09B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.17.03.04D(2) cited in Attorney General Opinion No. 83-020 (May 23, 1983)*
- *Administrative History: Annotation: COMAR 11.17.03.02 cited in Attorney General Opinion No. 86-030 (May 6, 1986)*
- *Authority: Transportation Article, §§12-104(b), 16-106, 16-110, 16-118, 16-119, 16-206, and 16-208, Annotated Code of Maryland*
##### **COMAR 11.17.03.02** Disorders Reported by Physicians or Other Authorized Persons. {#sec-11.17.03.02 omnilex-key=us-md-regs-official--title-11--11.17.03.02}
A. Under Transportation Article, §16-119, Annotated Code of Maryland, any physician and any other person authorized to diagnose, detect, or treat the following disorders, may report to the Administration and to the subject of the report, in writing, the full name, date of birth, and address of each individual 15 years old or older who has a disorder that:
(1) Is characterized by lapses of consciousness; or
(2) Results in a corrected visual acuity that fails to comply with the vision requirements of Transportation Article, Title 16, Subtitle 1, Annotated Code of Maryland.
B. Lapses of Consciousness.
(1) A lapse of consciousness is defined as failure to be oriented to time, place, person, situation. Examples of lapses of consciousness or unconsciousness are:
(a) Automatism;
(b) Confusion;
(c) Stupor;
(d) Delirium; and
(e) Coma.
(2) Among the conditions that can cause an individual to have a significant risk of lapses of consciousness are:
(a) Epilepsy;
(b) Narcolepsy;
(c) Cardiovascular disease;
(d) Cerebrovascular disease;
(e) Alcoholism;
(f) Drug addiction; and
(g) Severe hypoglycemia.
(3) Individuals who have a significant risk of lapses of consciousness due to any condition or disease may be reported pursuant to Transportation Article, §16-119, Annotated Code of Maryland. A judgment of significant risk shall be based on:
(a) Knowledge of an individual's past history of lapses of consciousness and the present state of the individual's health;
(b) How well the individual's disorder is controlled; or
(c) How much the individual's condition has improved.
C. Individuals who have any disorder which prevents them from having a corrected minimum visual acuity of 20/40 in each eye and a field of vision of at least 140 degrees may be reported pursuant to Transportation Article, §16-119, Annotated Code of Maryland.
**Cross References**
11.20.01.23
11.23.02.03B(11)
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 152)*
- *Administrative History: Regulations .01, .02, .04, .06, and .08 amended effective September 22, 1978 (5:19 Md. R. 1446)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: Regulations .01, .02, .04, and .05 amended effective June 21, 1982 (9:12 Md. R. 1224)*
- *Administrative History: Regulation .01 amended, Regulation .02 repealed, and new Regulations .02 and .02-1 adopted as an emergency provision effective October 27, 1986 (13:24 Md. R. 2555); adopted permanently effective April 6, 1987 (14:7 Md. R. 832)*
- *Administrative History: Regulation .01 amended effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .02 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .02A, B amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .02-1A amended effective November 10, 2003 (30:22 Md. R. 1583); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02-1B amended effective September 16, 1991 (18:18 Md. R. 2007); April 7, 2008 (35:7 Md. R. 750)*
- *Administrative History: Regulation .03 amended effective April 7, 2008 (35:7 Md. R. 750); March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04 amended effective January 15, 1996 (23:1 Md. R. 29); September 30, 2002 (29:19 Md. R. 1525); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553); March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .04F amended effective September 7, 1987 (14:18 Md. R. 1967)*
- *Administrative History: Regulation .04I amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .05F amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .07 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .08 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .08A amended effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .09 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .09B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.17.03.04D(2) cited in Attorney General Opinion No. 83-020 (May 23, 1983)*
- *Administrative History: Annotation: COMAR 11.17.03.02 cited in Attorney General Opinion No. 86-030 (May 6, 1986)*
- *Authority: Transportation Article, §§12-104(b), 16-106, 16-110, 16-118, 16-119, 16-206, and 16-208, Annotated Code of Maryland*
##### **COMAR 11.17.03.02-1** Disorders Reported by Applicant or Licensee. {#sec-11.17.03.02-1 omnilex-key=us-md-regs-official--title-11--11.17.03.02-1}
A. A licensee or an applicant for a driver’s license shall notify the Administration if the licensee or applicant is diagnosed as having any of the following:
(1) Diabetes that has caused a low blood sugar episode requiring assistance from another person in the last 6 months;
(2) Epilepsy;
(3) Seizure;
(4) A heart condition that has caused a loss of consciousness in the past 6 months;
(5) Stroke;
(6) A condition that causes you to have dizzy spells, fainting, or blackouts;
(7) Sleep apnea or narcolepsy;
(8) A history of traumatic brain injury (TBI);
(9) A condition that causes weakness, shaking, or numbness in the arms, hands, legs, or feet that may affect your ability to drive;
(10) A hand, arm, foot, or leg, that is absent, amputated, or has a loss of function that may affect your ability to drive;
(11) An eye problem which prevents a corrected minimum visual acuity of 20/70 in at least one eye or binocular field of vision of at least 110 degrees;
(12) Alcohol use problem;
(13) Drug use problem;
(14) A mental health condition that may affect your ability to drive;
(15) Schizophrenia; or
(16) Dementia.
B. The Administrator may include with the application for, or renewal of, a Maryland driver's license, an information insert containing the list of reportable physical or mental conditions indicated in §A of this regulation, and remind the individual of the individual's responsibility to indicate on the application if the individual has been treated for a reportable physical or mental condition.
C. Upon application for, or renewal of, a driver's license, the applicant shall answer any question submitted by the Administration pertaining to any disorders affecting the applicant's ability to drive.
D. Upon diagnosis of a medical condition listed in §A of this regulation, a licensee shall notify the Administration.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 152)*
- *Administrative History: Regulations .01, .02, .04, .06, and .08 amended effective September 22, 1978 (5:19 Md. R. 1446)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: Regulations .01, .02, .04, and .05 amended effective June 21, 1982 (9:12 Md. R. 1224)*
- *Administrative History: Regulation .01 amended, Regulation .02 repealed, and new Regulations .02 and .02-1 adopted as an emergency provision effective October 27, 1986 (13:24 Md. R. 2555); adopted permanently effective April 6, 1987 (14:7 Md. R. 832)*
- *Administrative History: Regulation .01 amended effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .02 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .02A, B amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .02-1A amended effective November 10, 2003 (30:22 Md. R. 1583); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02-1B amended effective September 16, 1991 (18:18 Md. R. 2007); April 7, 2008 (35:7 Md. R. 750)*
- *Administrative History: Regulation .03 amended effective April 7, 2008 (35:7 Md. R. 750); March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04 amended effective January 15, 1996 (23:1 Md. R. 29); September 30, 2002 (29:19 Md. R. 1525); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553); March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .04F amended effective September 7, 1987 (14:18 Md. R. 1967)*
- *Administrative History: Regulation .04I amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .05F amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .07 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .08 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .08A amended effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .09 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .09B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.17.03.04D(2) cited in Attorney General Opinion No. 83-020 (May 23, 1983)*
- *Administrative History: Annotation: COMAR 11.17.03.02 cited in Attorney General Opinion No. 86-030 (May 6, 1986)*
- *Authority: Transportation Article, §§12-104(b), 16-106, 16-110, 16-118, 16-119, 16-206, and 16-208, Annotated Code of Maryland*
##### **COMAR 11.17.03.03** Procedures When a Certain Physical or Mental Condition Is Indicated. {#sec-11.17.03.03 omnilex-key=us-md-regs-official--title-11--11.17.03.03}
Upon receipt of an application for a driver’s license, or renewal of a driver’s license, on which an individual has indicated that the individual has been treated for any of the listed disorders, or when an individual is referred to the Medical Advisory Board by the Administrator for any other reason, the Administration shall follow the procedures set forth below:
A. The Administration may require the individual to obtain from the individual's physician a report indicating the onset of the condition, the physician's diagnosis and prognosis and the medication being prescribed. The individual shall forward the physician's report to the Medical Advisory Board of the Administration.
B. When the Medical Advisory Board receives the physician's report, a determination shall be made as to whether the physical or mental condition indicated in the report is of the type that might impair the individual's ability to operate a motor vehicle. If a determination is made that the condition might do so, the individual may be scheduled to appear before a physician of the Medical Advisory Board for an interview. At this interview the individual will be given the opportunity to present additional medical information on the individual's own behalf and will be required to answer any questions asked by the physician conducting the interview.
C. If an individual is asked to appear for an interview before a physician of the Medical Advisory Board, the individual shall be:
(1) Notified in writing of the physical or mental condition being evaluated by the Board; and
(2) Notified of the name of the physician who is conducting the interview and the physician's medical specialty.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 152)*
- *Administrative History: Regulations .01, .02, .04, .06, and .08 amended effective September 22, 1978 (5:19 Md. R. 1446)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: Regulations .01, .02, .04, and .05 amended effective June 21, 1982 (9:12 Md. R. 1224)*
- *Administrative History: Regulation .01 amended, Regulation .02 repealed, and new Regulations .02 and .02-1 adopted as an emergency provision effective October 27, 1986 (13:24 Md. R. 2555); adopted permanently effective April 6, 1987 (14:7 Md. R. 832)*
- *Administrative History: Regulation .01 amended effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .02 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .02A, B amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .02-1A amended effective November 10, 2003 (30:22 Md. R. 1583); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02-1B amended effective September 16, 1991 (18:18 Md. R. 2007); April 7, 2008 (35:7 Md. R. 750)*
- *Administrative History: Regulation .03 amended effective April 7, 2008 (35:7 Md. R. 750); March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04 amended effective January 15, 1996 (23:1 Md. R. 29); September 30, 2002 (29:19 Md. R. 1525); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553); March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .04F amended effective September 7, 1987 (14:18 Md. R. 1967)*
- *Administrative History: Regulation .04I amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .05F amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .07 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .08 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .08A amended effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .09 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .09B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.17.03.04D(2) cited in Attorney General Opinion No. 83-020 (May 23, 1983)*
- *Administrative History: Annotation: COMAR 11.17.03.02 cited in Attorney General Opinion No. 86-030 (May 6, 1986)*
- *Authority: Transportation Article, §§12-104(b), 16-106, 16-110, 16-118, 16-119, 16-206, and 16-208, Annotated Code of Maryland*
##### **COMAR 11.17.03.04** Medical Advisory Board Guidelines. {#sec-11.17.03.04 omnilex-key=us-md-regs-official--title-11--11.17.03.04}
A. The Medical Advisory Board shall follow the guidelines set forth in §§B—J of this regulation when making a recommendation to the Administration.
B. Cardiovascular Impairments.
(1) Contraindications. Contraindications for the safe operation of a motor vehicle under any circumstance may include, but are not limited to:
(a) Unstable angina;
(b) Recovering from myocardial infarction of less than 4 weeks duration;
(c) Recovering from open heart surgery within the past 6 weeks;
(d) Recovering from heart transplantation surgery, 6 weeks after discharge;
(e) Placement of a left ventricular assist device discharge;
(f) Severe, uncontrolled congestive heart failure;
(g) Severe, uncontrolled hypertension;
(h) Cardiac infections not responding to appropriate therapy;
(i) Unoperated critical aortic stenosis or subaortic stenosis;
(j) Unoperated aneurysms of the aorta or cerebrovascular system;
(k) Loss of or impaired consciousness due to, but not limited to, uncontrolled arrhythmias, pacemaker failures, and cardiomyopathy;
(l) A symptom within 6 months after discharge of an automatic implantable cardioverter defibrillator (AICD);
(m) Any of the following arrhythmias:
(i) Alternating left or right bundle branch block (LBBB or RBBB) second degree AV;
(ii) Mobitz II (distal AV block); or
(iii) Acquired third degree AV block; and
(n) Survivors of sudden death with automatic implantable cardioverter defibrillator (AICD) devices still discharging at intervals of less than 3 months.
(2) An individual who has a condition listed in §B(1) of this regulation may be considered for a license by submitting evidence acceptable to the Medical Advisory Board that the condition:
(a) Has been modified, either medically or surgically; and
(b) Is well controlled without recurrence or relapse.
(3) Cases shall be evaluated on an individual basis by the Medical Advisory Board in doubtful or unclear circumstances.
(4) Additional or periodic follow-up reports may be required by the Administration for review by the Medical Advisory Board.
C. Diseases of the Endocrine System.
(1) Diabetes Mellitus. An individual with diabetes mellitus requiring insulin may be reviewed by the Medical Advisory Board.
(2) Hypoglycemia. An individual who suffers from recurrent severe uncontrolled attacks of hypoglycemia may not operate any type of motor vehicle and may not be considered for any class license.
D. Diseases of the Neuromusculoskeletal System. An individual who has a significant musculoskeletal impairment shall be evaluated by the Medical Advisory Board before being licensed initially or before having the individual's license to operate a motor vehicle renewed.
E. Diseases of the Nervous System.
(1) Cerebral Hemorrhage, Infarction, or Traumatic Brain Injury (TBI). An individual who has had a cerebral hemorrhage, infarction, or TBI that has resulted in a marked change in personality, alertness, ability to make decisions, loss of coordination, motor power, visual acuity, visual field, or any other neurological deficit shall be reviewed by the Medical Advisory Board.
(2) Seizures.
(a) The driver's license or driving privilege of an individual with seizures may be suspended or refused for a period of 90 days or more from the date of the last seizure.
(b) An individual whose driver's license or driving privilege has been suspended or refused under §E(2)(a) of this regulation may request that the period of suspension or refusal be withdrawn or modified by submitting evidence of favorable modifiers acceptable to the Medical Advisory Board.
(c) The Medical Advisory Board shall consider favorable and unfavorable modifiers under §E(2)(e) and (f) of this regulation in determining whether to recommend that the suspension or refusal period be withdrawn or modified to more or less than 90 days.
(d) The withdrawal or reduction or increase of the suspension or refusal period shall be based upon the recommendation of the Medical Advisory Board.
(e) Favorable modifiers include:
(i) Seizures during medically directed medication changes;
(ii) Simple partial seizures that do not interfere with consciousness or motor control;
(iii) Seizures with consistent and prolonged auras;
(iv) Established pattern of pure nocturnal seizures; and
(v) Favorable driving record.
(f) Unfavorable modifiers include:
(i) Noncompliance with medication or medical visits;
(ii) Alcohol or drug abuse in the past 3 months;
(iii) Unfavorable driving record;
(iv) Structural brain lesion;
(v) Placement of a vagal nerve stimulator to control seizure activity; and
(vi) Seizure control requiring three or more medications.
(g) Periodic follow-up reports may be required by the Administration for review by the Medical Advisory Board.
(h) At the conclusion of the suspension or refusal period, the Medical Advisory Board shall reevaluate the individual and recommend appropriate action.
(i) The procedures for the restoration of the driver's license following a period of ineligibility are set forth in COMAR 11.17.04.
F. Narcolepsy. An individual under treatment for this condition may not be considered for any class of license until the individual has been free of symptoms for at least 6 months and is experiencing no side effects from medications. The individual shall be cleared by the Medical Advisory Board.
G. Psychiatric Disorders.
(1) Psychopathic Personality. An individual who has a disregard for accepted social values, who has a history of impulsive or irresponsible behavior, and who is frequently rebellious to authority or openly aggressive, with consequent loss of caution and good judgment, may not be considered for any class of license.
(2) Personality, Character, and Psychotic Disorders. An individual with severe symptoms of personality, character, or psychotic disorders shall be evaluated by the Medical Advisory Board for a license on the basis of alertness, social behavior, psychomotor retardation, and side effects from drug therapy.
H. Substance Use Disorders. In this section, a certified substance abuse treatment program means a program which has been certified by the Alcohol and Drug Abuse Administration of the Maryland Department of Health.
(1) A severe substance use disorder is characterized by physical or psychological dependence, or both, on certain psychoactive chemical substances, as shown through the continued use of these psychoactive chemical substances despite harmful or adverse circumstances. A mild or moderate substance use disorder involves harmful or hazardous use of substances which can be both licit, for example medication, and illicit. These substances include, but are not limited to:
(a) Central nervous system depressants such as alcohol, tranquilizers, and opiates and their derivatives;
(b) Hallucinogens;
(c) Stimulants; and
(d) Volatile solvents.
(2) Before being considered for a license, an individual who has been involved in two alcohol-related or other substance-related driving incidents during the past 5 years, or three or more alcohol-related or other substance-related driving incidents in a lifetime, is required to submit satisfactory evidence to the Administration of:
(a) Complete abstinence from substance use for 6 months or as determined by the Administration on a case-by-case basis;
(b) Enrollment in, or completion of a substance abuse treatment program for at least 90 days or longer as determined by the Administration on a case-by-case basis; and
(c) Participation in a self-help group for a period of time as determined by the Administration on a case-by-case basis.
(3) As a condition for approval, the Administration may impose certain restrictions, limitations, or other requirements determined to be appropriate to ensure an individual's safe driving of a motor vehicle, including enrollment in an ignition interlock program.
(4) Regardless of the number of incidents, if as the result of investigation, or assessment, an applicant is determined to have alcoholism or a chemical addiction that has not been addressed, the Administration may require evidence of at least 90 days of satisfactory completion of a certified substance abuse treatment program.
I. An individual who is a paraplegic, quadriplegic, or has the loss of one or more limbs may be required by the Medical Advisory Board to submit to driver's reexamination to determine the individual's ability to safely operate a motor vehicle.
J. Traumatic Brain Injury. After the review of medical reports submitted by a physician, a rehabilitation facility, or an occupational therapist, the Medical Advisory Board or Administration may require an examination or reexamination consisting of law, vision and driving tests.
**Cross References**
11.17.04.03A(1)(a)(i)
11.17.04.03A(2)(a)
11.17.04.03B(1)
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 152)*
- *Administrative History: Regulations .01, .02, .04, .06, and .08 amended effective September 22, 1978 (5:19 Md. R. 1446)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: Regulations .01, .02, .04, and .05 amended effective June 21, 1982 (9:12 Md. R. 1224)*
- *Administrative History: Regulation .01 amended, Regulation .02 repealed, and new Regulations .02 and .02-1 adopted as an emergency provision effective October 27, 1986 (13:24 Md. R. 2555); adopted permanently effective April 6, 1987 (14:7 Md. R. 832)*
- *Administrative History: Regulation .01 amended effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .02 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .02A, B amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .02-1A amended effective November 10, 2003 (30:22 Md. R. 1583); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02-1B amended effective September 16, 1991 (18:18 Md. R. 2007); April 7, 2008 (35:7 Md. R. 750)*
- *Administrative History: Regulation .03 amended effective April 7, 2008 (35:7 Md. R. 750); March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04 amended effective January 15, 1996 (23:1 Md. R. 29); September 30, 2002 (29:19 Md. R. 1525); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553); March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .04F amended effective September 7, 1987 (14:18 Md. R. 1967)*
- *Administrative History: Regulation .04I amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .05F amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .07 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .08 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .08A amended effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .09 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .09B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.17.03.04D(2) cited in Attorney General Opinion No. 83-020 (May 23, 1983)*
- *Administrative History: Annotation: COMAR 11.17.03.02 cited in Attorney General Opinion No. 86-030 (May 6, 1986)*
- *Authority: Transportation Article, §§12-104(b), 16-106, 16-110, 16-118, 16-119, 16-206, and 16-208, Annotated Code of Maryland*
##### **COMAR 11.17.03.05** Procedures when Suspension or Refusal is Recommended. {#sec-11.17.03.05 omnilex-key=us-md-regs-official--title-11--11.17.03.05}
If the Medical Advisory Board recommends suspension or refusal of a driving privilege, and the recommendation is followed by the Administration, a letter shall be sent by first class mail to the individual, stating:
A. When the suspension or refusal becomes effective;
B. The reasons for the suspension or refusal;
C. When licensure will be reconsidered;
D. That an administrative hearing may be requested in writing;
E. That the effective date of the suspension will be stayed until the administrative hearing is conducted if the individual has a valid license, except in emergency situations; and
F. That the individual may be represented by an attorney at the administrative hearing.
**Cross References**
11.17.03.06
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 152)*
- *Administrative History: Regulations .01, .02, .04, .06, and .08 amended effective September 22, 1978 (5:19 Md. R. 1446)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: Regulations .01, .02, .04, and .05 amended effective June 21, 1982 (9:12 Md. R. 1224)*
- *Administrative History: Regulation .01 amended, Regulation .02 repealed, and new Regulations .02 and .02-1 adopted as an emergency provision effective October 27, 1986 (13:24 Md. R. 2555); adopted permanently effective April 6, 1987 (14:7 Md. R. 832)*
- *Administrative History: Regulation .01 amended effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .02 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .02A, B amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .02-1A amended effective November 10, 2003 (30:22 Md. R. 1583); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02-1B amended effective September 16, 1991 (18:18 Md. R. 2007); April 7, 2008 (35:7 Md. R. 750)*
- *Administrative History: Regulation .03 amended effective April 7, 2008 (35:7 Md. R. 750); March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04 amended effective January 15, 1996 (23:1 Md. R. 29); September 30, 2002 (29:19 Md. R. 1525); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553); March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .04F amended effective September 7, 1987 (14:18 Md. R. 1967)*
- *Administrative History: Regulation .04I amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .05F amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .07 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .08 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .08A amended effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .09 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .09B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.17.03.04D(2) cited in Attorney General Opinion No. 83-020 (May 23, 1983)*
- *Administrative History: Annotation: COMAR 11.17.03.02 cited in Attorney General Opinion No. 86-030 (May 6, 1986)*
- *Authority: Transportation Article, §§12-104(b), 16-106, 16-110, 16-118, 16-119, 16-206, and 16-208, Annotated Code of Maryland*
##### **COMAR 11.17.03.06** Procedures when a Suspension or a Refusal is Continued. {#sec-11.17.03.06 omnilex-key=us-md-regs-official--title-11--11.17.03.06}
The provisions set forth in Regulation .05 of this chapter also apply when the Administration, based upon a recommendation of the Medical Advisory Board, continues a suspension or refusal.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 152)*
- *Administrative History: Regulations .01, .02, .04, .06, and .08 amended effective September 22, 1978 (5:19 Md. R. 1446)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: Regulations .01, .02, .04, and .05 amended effective June 21, 1982 (9:12 Md. R. 1224)*
- *Administrative History: Regulation .01 amended, Regulation .02 repealed, and new Regulations .02 and .02-1 adopted as an emergency provision effective October 27, 1986 (13:24 Md. R. 2555); adopted permanently effective April 6, 1987 (14:7 Md. R. 832)*
- *Administrative History: Regulation .01 amended effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .02 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .02A, B amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .02-1A amended effective November 10, 2003 (30:22 Md. R. 1583); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02-1B amended effective September 16, 1991 (18:18 Md. R. 2007); April 7, 2008 (35:7 Md. R. 750)*
- *Administrative History: Regulation .03 amended effective April 7, 2008 (35:7 Md. R. 750); March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04 amended effective January 15, 1996 (23:1 Md. R. 29); September 30, 2002 (29:19 Md. R. 1525); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553); March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .04F amended effective September 7, 1987 (14:18 Md. R. 1967)*
- *Administrative History: Regulation .04I amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .05F amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .07 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .08 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .08A amended effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .09 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .09B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.17.03.04D(2) cited in Attorney General Opinion No. 83-020 (May 23, 1983)*
- *Administrative History: Annotation: COMAR 11.17.03.02 cited in Attorney General Opinion No. 86-030 (May 6, 1986)*
- *Authority: Transportation Article, §§12-104(b), 16-106, 16-110, 16-118, 16-119, 16-206, and 16-208, Annotated Code of Maryland*
##### **COMAR 11.17.03.07** Procedures when a Hearing is Requested. {#sec-11.17.03.07 omnilex-key=us-md-regs-official--title-11--11.17.03.07}
A. If an individual requests an administrative hearing after a decision of the Administration based upon a recommendation of the Medical Advisory Board, the Administration, except as provided in §B of this regulation, shall inform the individual of all records and documents considered by the Medical Advisory Board, including their source and the dates of examinations or treatments from which they were prepared, and the individual shall have the right to inspect and copy the records and documents during hours designated by the Administration.
B. Records and documents designated confidential by their source may not be disclosed, nor their contents revealed, except by court order.
**Cross References**
11.17.03.08C(2)
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 152)*
- *Administrative History: Regulations .01, .02, .04, .06, and .08 amended effective September 22, 1978 (5:19 Md. R. 1446)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: Regulations .01, .02, .04, and .05 amended effective June 21, 1982 (9:12 Md. R. 1224)*
- *Administrative History: Regulation .01 amended, Regulation .02 repealed, and new Regulations .02 and .02-1 adopted as an emergency provision effective October 27, 1986 (13:24 Md. R. 2555); adopted permanently effective April 6, 1987 (14:7 Md. R. 832)*
- *Administrative History: Regulation .01 amended effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .02 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .02A, B amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .02-1A amended effective November 10, 2003 (30:22 Md. R. 1583); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02-1B amended effective September 16, 1991 (18:18 Md. R. 2007); April 7, 2008 (35:7 Md. R. 750)*
- *Administrative History: Regulation .03 amended effective April 7, 2008 (35:7 Md. R. 750); March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04 amended effective January 15, 1996 (23:1 Md. R. 29); September 30, 2002 (29:19 Md. R. 1525); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553); March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .04F amended effective September 7, 1987 (14:18 Md. R. 1967)*
- *Administrative History: Regulation .04I amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .05F amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .07 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .08 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .08A amended effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .09 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .09B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.17.03.04D(2) cited in Attorney General Opinion No. 83-020 (May 23, 1983)*
- *Administrative History: Annotation: COMAR 11.17.03.02 cited in Attorney General Opinion No. 86-030 (May 6, 1986)*
- *Authority: Transportation Article, §§12-104(b), 16-106, 16-110, 16-118, 16-119, 16-206, and 16-208, Annotated Code of Maryland*
##### **COMAR 11.17.03.08** Emergency Suspension. {#sec-11.17.03.08 omnilex-key=us-md-regs-official--title-11--11.17.03.08}
A. If the physical or mental condition of an individual indicates there is a likelihood of substantial and immediate danger and harm to the individual or others if the individual's license is continued pending evaluation by the Medical Advisory Board, then the individual's driving privileges shall be suspended pursuant to the provisions of Transportation Article, §16-206, Annotated Code of Maryland. The physical or mental condition may come to the attention of the Administration when:
(1) A physician's certificate is received by the Medical Advisory Board;
(2) The individual is referred to the Medical Advisory Board for any reason;
(3) The Administration receives information that a licensee has violated a restriction, limitation, or other requirement imposed as a prerequisite for issuance or reinstatement of a license; or
(4) When the Administration becomes aware of a serious medical condition in any other manner.
B. The individual shall be notified in writing of the suspension either:
(1) By personal delivery to the individual; or
(2) By mail to the individual at the last address of record with the Administration.
C. The notice under §B of this regulation shall:
(1) Describe the mental or physical conditions supporting the emergency suspension; and
(2) Inform the individual of the right to inspect and copy all medical records and other documents considered in the emergency suspension, except records and documents designated confidential by their source, under Regulation .07 of this chapter.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 152)*
- *Administrative History: Regulations .01, .02, .04, .06, and .08 amended effective September 22, 1978 (5:19 Md. R. 1446)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: Regulations .01, .02, .04, and .05 amended effective June 21, 1982 (9:12 Md. R. 1224)*
- *Administrative History: Regulation .01 amended, Regulation .02 repealed, and new Regulations .02 and .02-1 adopted as an emergency provision effective October 27, 1986 (13:24 Md. R. 2555); adopted permanently effective April 6, 1987 (14:7 Md. R. 832)*
- *Administrative History: Regulation .01 amended effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .02 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .02A, B amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .02-1A amended effective November 10, 2003 (30:22 Md. R. 1583); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02-1B amended effective September 16, 1991 (18:18 Md. R. 2007); April 7, 2008 (35:7 Md. R. 750)*
- *Administrative History: Regulation .03 amended effective April 7, 2008 (35:7 Md. R. 750); March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04 amended effective January 15, 1996 (23:1 Md. R. 29); September 30, 2002 (29:19 Md. R. 1525); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553); March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .04F amended effective September 7, 1987 (14:18 Md. R. 1967)*
- *Administrative History: Regulation .04I amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .05F amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .07 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .08 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .08A amended effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .09 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .09B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.17.03.04D(2) cited in Attorney General Opinion No. 83-020 (May 23, 1983)*
- *Administrative History: Annotation: COMAR 11.17.03.02 cited in Attorney General Opinion No. 86-030 (May 6, 1986)*
- *Authority: Transportation Article, §§12-104(b), 16-106, 16-110, 16-118, 16-119, 16-206, and 16-208, Annotated Code of Maryland*
##### **COMAR 11.17.03.09** Records of the Medical Advisory Board — Used for Driver Safety Research. {#sec-11.17.03.09 omnilex-key=us-md-regs-official--title-11--11.17.03.09}
A. In addition to using the records of the Medical Advisory Board to determine the qualifications of an individual to drive, the Administration may use information contained within those records for the purpose of driver safety research.
B. Records of the Medical Advisory Board are confidential, except as provided under Transportation Article, §§16-118 and 16-119, Annotated Code of Maryland, in which information may be used for the purpose of driver safety research, provided that personal information relating to the identity of the individual is not disclosed.
C. An individual's personal information that may not be disclosed includes:
(1) Name;
(2) Address;
(3) Telephone number or numbers;
(4) Email address;
(5) Driver's license number;
(6) Social Security number; and
(7) Any other information that may be used to specifically identify an individual.
D. The Administration may cooperate with other research entities on driver safety research under the conditions and restrictions set forth in this regulation.
E. An outside organization requesting to collaborate with the Administration on driver safety research shall:
(1) Submit a written explanation of the purpose of the research to include:
(a) The scope of the proposed research;
(b) The type of information being requested;
(c) How this information would be utilized;
(d) Contact information for the organization; and
(e) Other information as necessary to render a decision on the collaboration;
(2) Complete an Institutional Review Board approved study protocol, and attach the Institutional Review Board's approval before requesting information contained in Medical Advisory Board records;
(3) Execute the Privacy Protection Policy provided by the Administration; and
(4) Comply with the current research proposal requirements provided by the Administration.
F. The Administration shall review the information obtained under §E of this regulation and, in consultation with the Medical Advisory Board, render a decision on the use of its records for the specific purpose of the proposed research.
G. The Administration may impose conditions on the use of its records by any outside organization and may deny access to information at any time.
H. The Administration may require funding from the outside organization to cover the cost of converting information from the records of the Medical Advisory Board into a usable format.
I. An outside organization shall provide the Administration with a copy of any research reports or articles, before final completion or publication, which utilizes or references the information provided by the Administration or the Medical Advisory Board.
J. The Administration may establish additional guidelines for the submission of information requests.
**History**
- *Administrative History: Effective date: February 4, 1976 (3:3 Md. R. 152)*
- *Administrative History: Regulations .01, .02, .04, .06, and .08 amended effective September 22, 1978 (5:19 Md. R. 1446)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 114)*
- *Administrative History: Regulations .01, .02, .04, and .05 amended effective June 21, 1982 (9:12 Md. R. 1224)*
- *Administrative History: Regulation .01 amended, Regulation .02 repealed, and new Regulations .02 and .02-1 adopted as an emergency provision effective October 27, 1986 (13:24 Md. R. 2555); adopted permanently effective April 6, 1987 (14:7 Md. R. 832)*
- *Administrative History: Regulation .01 amended effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .02 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .02A, B amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .02-1A amended effective November 10, 2003 (30:22 Md. R. 1583); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02-1B amended effective September 16, 1991 (18:18 Md. R. 2007); April 7, 2008 (35:7 Md. R. 750)*
- *Administrative History: Regulation .03 amended effective April 7, 2008 (35:7 Md. R. 750); March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04 amended effective January 15, 1996 (23:1 Md. R. 29); September 30, 2002 (29:19 Md. R. 1525); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553); March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .04E amended effective November 10, 2003 (30:22 Md. R. 1583)*
- *Administrative History: Regulation .04F amended effective September 7, 1987 (14:18 Md. R. 1967)*
- *Administrative History: Regulation .04I amended effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .05 amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: Regulation .05F amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .07 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .08 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .08A amended effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .09 adopted effective April 20, 2009 (36:8 Md. R. 596)*
- *Administrative History: Regulation .09B amended effective March 28, 2016 (43:6 Md. R. 409)*
- *Administrative History: ——————*
- *Administrative History: Annotation: COMAR 11.17.03.04D(2) cited in Attorney General Opinion No. 83-020 (May 23, 1983)*
- *Administrative History: Annotation: COMAR 11.17.03.02 cited in Attorney General Opinion No. 86-030 (May 6, 1986)*
- *Authority: Transportation Article, §§12-104(b), 16-106, 16-110, 16-118, 16-119, 16-206, and 16-208, Annotated Code of Maryland*
## **11.17.04** Epilepsy — Restoration of License Following Ineligibility
##### **COMAR 11.17.04.01** Purpose. {#sec-11.17.04.01 omnilex-key=us-md-regs-official--title-11--11.17.04.01}
The purpose of this chapter is to establish uniform procedures for the:
A. Restoration of a driver's license following a period of ineligibility because of epilepsy; and
B. Establishment of consistent testing criteria for the license restoration process.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulations .01, .05, .06, .09, and .10 amended effective April 6, 1979 (6:7 Md. R. 578)*
- *Administrative History: Regulations .01—.03, .05—.08, and .11 amended effective January 23, 1981 (8:2 Md. R. 115)*
- *Administrative History: Regulation .12 adopted effective April 6, 1979 (6:7 Md. R. 578)*
- *Administrative History: Regulations .13 and .14 adopted effective November 22, 1982 (9:23 Md. R. 2260)*
- *Administrative History: Regulation .15 adopted effective December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Chapter, Special Identification Cards, repealed effective April 4, 1988 (15:7 Md. R. 850)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04, Epilepsy—Restoration of License Following Ineligibility, adopted effective January 20, 1992 (19:1 Md. R. 33)*
- *Administrative History: Regulation .02B amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1320); May 2, 2011 (38:9 Md. R. 553)*
- *Authority: Transportation Article, §§12-104(b), 16-115(c), and 16-208(a), Annotated Code of Maryland*
##### **COMAR 11.17.04.02** Definitions. {#sec-11.17.04.02 omnilex-key=us-md-regs-official--title-11--11.17.04.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Commercial driver's license (CDL)” means a license issued to an individual in accordance with Transportation Article, Title 16, Subtitle 8, Annotated Code of Maryland, pursuant to the Federal Motor Vehicle Safety Act of 1986 which authorizes the individual to drive a class of commercial motor vehicle.
(3) “Commercial motor vehicle” means a motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle:
(a) Has a gross vehicle weight rating (GVWR) of 26,001 or more pounds, inclusive of a towed unit;
(b) Has a (GVWR) of 26,001 or more pounds;
(c) Is designed to transport 16 or more passengers, including the driver; or
(d) Is of any size and is used for the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which requires the vehicle to be placarded under federal hazardous materials regulations, 49 CFR Part 172, Subpart F, which is incorporated by reference.
(4) “Gross vehicle weight rating (GVWR)” and “gross combination weight rating (GCWR)” means the greatest of the following weights for a single vehicle or combination of vehicles value specified by the manufacturer or manufacturers as the maximum gross vehicle weight rating:
(a) The value specified by the manufacturer or manufacturers as the maximum gross weight;
(b) The registered gross weight; or
(c) The actual weight.
(5) “Knowledge test” means a written, computer-assisted, or oral test which is administered to an applicant for a Maryland driver's license.
(6) “Skills test” means a driving test given to assess an applicant's ability to drive all motor vehicles in a specific class.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulations .01, .05, .06, .09, and .10 amended effective April 6, 1979 (6:7 Md. R. 578)*
- *Administrative History: Regulations .01—.03, .05—.08, and .11 amended effective January 23, 1981 (8:2 Md. R. 115)*
- *Administrative History: Regulation .12 adopted effective April 6, 1979 (6:7 Md. R. 578)*
- *Administrative History: Regulations .13 and .14 adopted effective November 22, 1982 (9:23 Md. R. 2260)*
- *Administrative History: Regulation .15 adopted effective December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Chapter, Special Identification Cards, repealed effective April 4, 1988 (15:7 Md. R. 850)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04, Epilepsy—Restoration of License Following Ineligibility, adopted effective January 20, 1992 (19:1 Md. R. 33)*
- *Administrative History: Regulation .02B amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1320); May 2, 2011 (38:9 Md. R. 553)*
- *Authority: Transportation Article, §§12-104(b), 16-115(c), and 16-208(a), Annotated Code of Maryland*
##### **COMAR 11.17.04.03** Criteria for Restoration of Driver's License. {#sec-11.17.04.03 omnilex-key=us-md-regs-official--title-11--11.17.04.03}
A. Restoration of Noncommercial Driver's License.
(1) Class C and Class M Noncommercial Licenses.
(a) An individual may apply for a Class C or Class M noncommercial driver's license if the individual:
(i) Has met the qualifications under COMAR 11.17.03.04E(2) for the withdrawal of the revocation, suspension, cancellation, or refusal to issue or renew a license; and
(ii) Is otherwise eligible for the license.
(b) When an individual's license has been expired for 1 year or more, the Administration shall require the individual to pass the knowledge and skill tests for a Class C or Class M driver's license.
(2) Class A and Class B Noncommercial Driver's Licenses. An individual may apply for a noncommercial Class A or Class B driver's license if the individual:
(a) Has met the qualifications under COMAR 11.17.03.04E(2) for the withdrawal of the revocation, suspension, cancellation, or refusal to issue or renew a license; and
(b) Passes the applicable knowledge test;
(c) Obtains a learner's instructional permit for the class of license being sought;
(d) Passes the applicable skills test; and
(e) Is otherwise eligible for the license.
B. Restoration of Commercial Driver's License. An individual may apply for a commercial driver's license if the individual:
(1) Has met the qualifications under COMAR 11.17.03.04E(2) for the withdrawal of the revocation, suspension, cancellation, or refusal to issue or renew a license;
(2) Passes the commercial driver's license knowledge test;
(3) Obtains a learner's instructional permit for a commercial driver's license;
(4) Passes the commercial driver's license skills test;
(5) Is physically qualified in accordance with COMAR 11.21.01; and
(6) Is otherwise eligible for the license.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulations .01, .05, .06, .09, and .10 amended effective April 6, 1979 (6:7 Md. R. 578)*
- *Administrative History: Regulations .01—.03, .05—.08, and .11 amended effective January 23, 1981 (8:2 Md. R. 115)*
- *Administrative History: Regulation .12 adopted effective April 6, 1979 (6:7 Md. R. 578)*
- *Administrative History: Regulations .13 and .14 adopted effective November 22, 1982 (9:23 Md. R. 2260)*
- *Administrative History: Regulation .15 adopted effective December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Chapter, Special Identification Cards, repealed effective April 4, 1988 (15:7 Md. R. 850)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04, Epilepsy—Restoration of License Following Ineligibility, adopted effective January 20, 1992 (19:1 Md. R. 33)*
- *Administrative History: Regulation .02B amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1320); May 2, 2011 (38:9 Md. R. 553)*
- *Authority: Transportation Article, §§12-104(b), 16-115(c), and 16-208(a), Annotated Code of Maryland*
##### **COMAR 11.17.04.04** Endorsements and Restrictions. {#sec-11.17.04.04 omnilex-key=us-md-regs-official--title-11--11.17.04.04}
A. The Administration may:
(1) Add any endorsements permitted, and for which the qualifications have been met, on a commercial or noncommercial driver's license;
(2) Restrict a license issued under this chapter by designating the specific class of commercial or noncommercial license; or
(3) Impose any other restriction authorized under Transportation Article, §16-113, Annotated Code of Maryland.
B. Individuals who have an established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a motor vehicle may not drive a commercial motor vehicle in interstate commerce in accordance with 49 CFR §391.41, which is incorporated by reference. In accordance with this requirement, the Administration shall mark any commercial driver's license issued under this chapter “CDL Valid in Intrastate Commerce Only”.
C. The Administration may not add a hazardous materials endorsement to a commercial driver's license issued under this chapter.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulations .01, .05, .06, .09, and .10 amended effective April 6, 1979 (6:7 Md. R. 578)*
- *Administrative History: Regulations .01—.03, .05—.08, and .11 amended effective January 23, 1981 (8:2 Md. R. 115)*
- *Administrative History: Regulation .12 adopted effective April 6, 1979 (6:7 Md. R. 578)*
- *Administrative History: Regulations .13 and .14 adopted effective November 22, 1982 (9:23 Md. R. 2260)*
- *Administrative History: Regulation .15 adopted effective December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Chapter, Special Identification Cards, repealed effective April 4, 1988 (15:7 Md. R. 850)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04, Epilepsy—Restoration of License Following Ineligibility, adopted effective January 20, 1992 (19:1 Md. R. 33)*
- *Administrative History: Regulation .02B amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1320); May 2, 2011 (38:9 Md. R. 553)*
- *Authority: Transportation Article, §§12-104(b), 16-115(c), and 16-208(a), Annotated Code of Maryland*
## **11.17.05** Use of Bioptic Telescopic Lenses
##### **COMAR 11.17.05.01** Definitions. {#sec-11.17.05.01 omnilex-key=us-md-regs-official--title-11--11.17.05.01}
A. In this chapter, the following terms have the meaning indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Bioptic telescopic lens” means a spectacle-mounted telescopic lens which is a corrective lens and which uses magnification as the main means of obtaining minimal visual acuity.
(3) “Carrier lens” means a lens on which a bioptic telescopic lens is mounted.
(4) Corrective Lens.
(a) “Corrective lens” means a lens which improves a refractive condition in the eye.
(b) “Corrective lens” as used in this chapter does not include a bioptic telescopic lens.
(5) “Field expander” means a wide-angle lens that makes objects look smaller and further away.
(6) “Gross vehicle weight (GVW)” means the greatest of the following weights for a single vehicle or combination of vehicles:
(a) The value specified by the manufacturer or manufacturers as the maximum gross weight;
(b) The registered gross weight; or
(c) The actual operating weight.
(7) “Knowledge test” means a written, computer-assisted, or oral test covering the Maryland rules of the road which is administered to an applicant for a Maryland driver's license.
(8) “Skills test” means a two-part driving test given to assess an applicant's ability to drive a motor vehicle under the provisions of this chapter, with the test consisting of a:
(a) Basic skills test conducted on a driving course; and
(b) Road test designed to test the applicant's ability to operate a motor vehicle in traffic conditions.
**History**
- *Administrative History: Effective date: November 1, 1979*
- *Administrative History: Regulation .01 amended effective April 6, 1979 (6:7 Md. R. 578); January 23, 1981 (8:2 Md. R. 115)*
- *Administrative History: Chapter revised effective November 22, 1982 (9:23 Md. R. 2260)*
- *Administrative History: Regulation .11 adopted effective December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Chapter, Age of Majority Identification Card, repealed effective April 4, 1988 (15:7 Md. R. 850)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10, Use of Bioptic Telescopic Lenses, adopted effective March 2, 1992 (19:4 Md. R. 474)*
- *Authority: Transportation Article, §§12-104(b), 16-110.2, 16-113(a)(3), and 16-208(b), Annotated Code of Maryland*
##### **COMAR 11.17.05.02** Minimum Visual Standards. {#sec-11.17.05.02 omnilex-key=us-md-regs-official--title-11--11.17.05.02}
A. An applicant using bioptic telescopic lenses meets the minimum visual standards if the applicant has the visual acuity specified in §§B and C of this regulation.
B. The applicant shall demonstrate:
(1) A visual acuity of at least 20/100 in one or both eyes and a field of 150 degrees horizontal vision with or without corrective lenses; or
(2) If the applicant has vision in one eye only, a field of at least 100 degrees horizontal vision.
C. The applicant shall demonstrate a visual acuity of at least 20/70 in one or both eyes with the bioptic telescopic lenses and without the use of field expanders.
**History**
- *Administrative History: Effective date: November 1, 1979*
- *Administrative History: Regulation .01 amended effective April 6, 1979 (6:7 Md. R. 578); January 23, 1981 (8:2 Md. R. 115)*
- *Administrative History: Chapter revised effective November 22, 1982 (9:23 Md. R. 2260)*
- *Administrative History: Regulation .11 adopted effective December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Chapter, Age of Majority Identification Card, repealed effective April 4, 1988 (15:7 Md. R. 850)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10, Use of Bioptic Telescopic Lenses, adopted effective March 2, 1992 (19:4 Md. R. 474)*
- *Authority: Transportation Article, §§12-104(b), 16-110.2, 16-113(a)(3), and 16-208(b), Annotated Code of Maryland*
##### **COMAR 11.17.05.03** Procedures. {#sec-11.17.05.03 omnilex-key=us-md-regs-official--title-11--11.17.05.03}
A. The procedures in §§B and C of this regulation apply to vision tests.
B. A vision test shall be administered by a licensed optometrist or ophthalmologist.
C. Statement by Optometrist or Ophthalmologist.
(1) A licensed optometrist or ophthalmologist shall submit a statement on a form furnished by the Administration.
(2) The statement is not acceptable if the date of the examination is more than 3 months before the date of submission of the statement to the Administration.
(3) The statement shall contain:
(a) A patient's full name, signature, address, date of birth, and sex;
(b) Whether the test results were obtained with or without corrective lenses;
(c) Date of the test;
(d) Signature and license number of the individual authorized to certify the statement;
(e) A statement as to whether the patient has a vision condition which is stable;
(f) Recommendations for the:
(i) Driving restrictions the ophthalmologist or optometrist wishes the Administration to consider, if any; and
(ii) Administration's consideration relating to a vision reexamination on a 6-month or 12-month basis, if any; and
(g) A statement as to whether:
(i) The patient has been referred to an appropriate physician because of any underlying medical condition,
(ii) The patient has been fitted for bioptic telescopic lenses which the patient has had in the patient's possession at least 60 days before the patient's original or renewal application for a Maryland driver's license;
(iii) The patient has received instructions at least equal to the suggested instructions as set forth in Regulation .04 of this chapter; and
(iv) In the opinion of the optometrist or ophthalmologist, the patient's vision condition would interfere with the safe operation of a vehicle upon the highways.
**Cross References**
11.17.05.09A(1)
**History**
- *Administrative History: Effective date: November 1, 1979*
- *Administrative History: Regulation .01 amended effective April 6, 1979 (6:7 Md. R. 578); January 23, 1981 (8:2 Md. R. 115)*
- *Administrative History: Chapter revised effective November 22, 1982 (9:23 Md. R. 2260)*
- *Administrative History: Regulation .11 adopted effective December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Chapter, Age of Majority Identification Card, repealed effective April 4, 1988 (15:7 Md. R. 850)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10, Use of Bioptic Telescopic Lenses, adopted effective March 2, 1992 (19:4 Md. R. 474)*
- *Authority: Transportation Article, §§12-104(b), 16-110.2, 16-113(a)(3), and 16-208(b), Annotated Code of Maryland*
##### **COMAR 11.17.05.04** Additional Requirements. {#sec-11.17.05.04 omnilex-key=us-md-regs-official--title-11--11.17.05.04}
A. An individual who meets the minimum visual acuity standards of this chapter with bioptic telescopic lenses shall pass a skills test examination if the individual has not taken a skills test wearing the individual's bioptic telescopic lenses. Upon renewal, the Administration may waive a skills test reexamination for a bioptic telescopic lens wearer.
B. Instruction Requirements. Basic instruction requirements for an applicant wearing bioptic telescopic lenses shall ensure that the applicant has demonstrated the ability to:
(1) Locate stationary objects within the telescopic field;
(2) Locate a moving object in a large field of vision by anticipating future movement and coordinating head and eye movement to locate the moving object within the telescopic field;
(3) Remember what has been seen after a brief exposure, with the duration of exposure diminished constantly to simulate short looking time while driving; and
(4) Differentiate varying levels of illumination such as daylight, dusk, and nighttime while wearing bioptic telescopic lenses.
**Cross References**
11.17.05.03C(3)(g)(iii)
**History**
- *Administrative History: Effective date: November 1, 1979*
- *Administrative History: Regulation .01 amended effective April 6, 1979 (6:7 Md. R. 578); January 23, 1981 (8:2 Md. R. 115)*
- *Administrative History: Chapter revised effective November 22, 1982 (9:23 Md. R. 2260)*
- *Administrative History: Regulation .11 adopted effective December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Chapter, Age of Majority Identification Card, repealed effective April 4, 1988 (15:7 Md. R. 850)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10, Use of Bioptic Telescopic Lenses, adopted effective March 2, 1992 (19:4 Md. R. 474)*
- *Authority: Transportation Article, §§12-104(b), 16-110.2, 16-113(a)(3), and 16-208(b), Annotated Code of Maryland*
##### **COMAR 11.17.05.05** Medical Advisory Board Referral. {#sec-11.17.05.05 omnilex-key=us-md-regs-official--title-11--11.17.05.05}
If the statement from the optometrist or ophthalmologist indicates that the applicant's vision loss is a result of a medical condition or the applicant's vision condition is not stable, the applicant shall be referred to the Medical Advisory Board for evaluation.
**History**
- *Administrative History: Effective date: November 1, 1979*
- *Administrative History: Regulation .01 amended effective April 6, 1979 (6:7 Md. R. 578); January 23, 1981 (8:2 Md. R. 115)*
- *Administrative History: Chapter revised effective November 22, 1982 (9:23 Md. R. 2260)*
- *Administrative History: Regulation .11 adopted effective December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Chapter, Age of Majority Identification Card, repealed effective April 4, 1988 (15:7 Md. R. 850)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10, Use of Bioptic Telescopic Lenses, adopted effective March 2, 1992 (19:4 Md. R. 474)*
- *Authority: Transportation Article, §§12-104(b), 16-110.2, 16-113(a)(3), and 16-208(b), Annotated Code of Maryland*
##### **COMAR 11.17.05.06** Restrictions. {#sec-11.17.05.06 omnilex-key=us-md-regs-official--title-11--11.17.05.06}
A. If an individual applying for an original driver's license cannot meet the minimum visual requirements without the aid of corrective lenses and bioptic telescopic lenses, a license with an appropriate restriction shall be issued.
B. An individual may qualify only for a noncommercial Class C driver's license valid for a vehicle with a GVW of 10,000 pounds or less if it is necessary for the individual to use bioptic telescopic lenses to meet the minimum visual acuity standards.
C. A licensee may apply for a vision reexamination for the purpose of removing a vision-related restriction.
**History**
- *Administrative History: Effective date: November 1, 1979*
- *Administrative History: Regulation .01 amended effective April 6, 1979 (6:7 Md. R. 578); January 23, 1981 (8:2 Md. R. 115)*
- *Administrative History: Chapter revised effective November 22, 1982 (9:23 Md. R. 2260)*
- *Administrative History: Regulation .11 adopted effective December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Chapter, Age of Majority Identification Card, repealed effective April 4, 1988 (15:7 Md. R. 850)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10, Use of Bioptic Telescopic Lenses, adopted effective March 2, 1992 (19:4 Md. R. 474)*
- *Authority: Transportation Article, §§12-104(b), 16-110.2, 16-113(a)(3), and 16-208(b), Annotated Code of Maryland*
##### **COMAR 11.17.05.07** Renewal. {#sec-11.17.05.07 omnilex-key=us-md-regs-official--title-11--11.17.05.07}
A. Upon application for renewal, if an individual required to submit to a vision reexamination holds a license which is not restricted to operation with bioptic telescopic lenses, and the individual cannot meet the minimum visual requirements except with the aid of bioptic telescopic lenses, a renewal license with an appropriate restriction shall be issued if the individual passes the required skills test.
B. If an individual's visual acuity has diminished to the extent that bioptic telescopic lenses are required to meet the minimum visual acuity, the individual shall convert the individual's Maryland driver's license to the noncommercial Class C driver's license combination, restricted to the operation of vehicles less than 10,000 pounds GVW.
C. Upon application for renewal, if an individual required to submit to a vision reexamination holds a license which is restricted to operation with corrective lenses or bioptic telescopic lenses, and that individual can meet the minimum visual requirements without the use of these lenses, that individual is entitled to file an application to have the restriction removed from the individual's renewal license.
**History**
- *Administrative History: Effective date: November 1, 1979*
- *Administrative History: Regulation .01 amended effective April 6, 1979 (6:7 Md. R. 578); January 23, 1981 (8:2 Md. R. 115)*
- *Administrative History: Chapter revised effective November 22, 1982 (9:23 Md. R. 2260)*
- *Administrative History: Regulation .11 adopted effective December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Chapter, Age of Majority Identification Card, repealed effective April 4, 1988 (15:7 Md. R. 850)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10, Use of Bioptic Telescopic Lenses, adopted effective March 2, 1992 (19:4 Md. R. 474)*
- *Authority: Transportation Article, §§12-104(b), 16-110.2, 16-113(a)(3), and 16-208(b), Annotated Code of Maryland*
##### **COMAR 11.17.05.08** Disqualification. {#sec-11.17.05.08 omnilex-key=us-md-regs-official--title-11--11.17.05.08}
Notwithstanding any of the provisions of these regulations, if the Administration has received notification that an applicant or licensee has been certified legally blind, the certification may provide grounds for refusal to issue an original or renewal driver's license, and any current driver's license or learner's permit may be cancelled.
**History**
- *Administrative History: Effective date: November 1, 1979*
- *Administrative History: Regulation .01 amended effective April 6, 1979 (6:7 Md. R. 578); January 23, 1981 (8:2 Md. R. 115)*
- *Administrative History: Chapter revised effective November 22, 1982 (9:23 Md. R. 2260)*
- *Administrative History: Regulation .11 adopted effective December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Chapter, Age of Majority Identification Card, repealed effective April 4, 1988 (15:7 Md. R. 850)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10, Use of Bioptic Telescopic Lenses, adopted effective March 2, 1992 (19:4 Md. R. 474)*
- *Authority: Transportation Article, §§12-104(b), 16-110.2, 16-113(a)(3), and 16-208(b), Annotated Code of Maryland*
##### **COMAR 11.17.05.09** Learner's Instructional Permit. {#sec-11.17.05.09 omnilex-key=us-md-regs-official--title-11--11.17.05.09}
A. The Administration shall require an individual who is applying for a learner's instructional permit under the provisions of these regulations to:
(1) Submit the statements required by Regulation .03 of this chapter;
(2) Pass a knowledge test; and
(3) Pay the applicable fees.
B. If an individual whose license is up for renewal, and who needs bioptic telescopic lenses to meet the minimum vision requirements, fails a skills test, the individual may obtain a learner's card.
C. If an individual's license is valid at the time application is made for a license restricted to bioptic telescopic lenses, the learner's card shall be issued free of charge.
**History**
- *Administrative History: Effective date: November 1, 1979*
- *Administrative History: Regulation .01 amended effective April 6, 1979 (6:7 Md. R. 578); January 23, 1981 (8:2 Md. R. 115)*
- *Administrative History: Chapter revised effective November 22, 1982 (9:23 Md. R. 2260)*
- *Administrative History: Regulation .11 adopted effective December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Chapter, Age of Majority Identification Card, repealed effective April 4, 1988 (15:7 Md. R. 850)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10, Use of Bioptic Telescopic Lenses, adopted effective March 2, 1992 (19:4 Md. R. 474)*
- *Authority: Transportation Article, §§12-104(b), 16-110.2, 16-113(a)(3), and 16-208(b), Annotated Code of Maryland*
##### **COMAR 11.17.05.10** Driver's License Requirements. {#sec-11.17.05.10 omnilex-key=us-md-regs-official--title-11--11.17.05.10}
The Administration shall require an individual who is applying for a driver's license restricted to bioptic telescopic lenses under the provisions of this chapter to:
A. Have a valid license or hold a valid learner's instructional permit; and
B. Pass the skills test.
**History**
- *Administrative History: Effective date: November 1, 1979*
- *Administrative History: Regulation .01 amended effective April 6, 1979 (6:7 Md. R. 578); January 23, 1981 (8:2 Md. R. 115)*
- *Administrative History: Chapter revised effective November 22, 1982 (9:23 Md. R. 2260)*
- *Administrative History: Regulation .11 adopted effective December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Chapter, Age of Majority Identification Card, repealed effective April 4, 1988 (15:7 Md. R. 850)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.10, Use of Bioptic Telescopic Lenses, adopted effective March 2, 1992 (19:4 Md. R. 474)*
- *Authority: Transportation Article, §§12-104(b), 16-110.2, 16-113(a)(3), and 16-208(b), Annotated Code of Maryland*
## **11.17.06** Identification Cards
##### **COMAR 11.17.06.01** Identification Card. {#sec-11.17.06.01 omnilex-key=us-md-regs-official--title-11--11.17.06.01}
Pending Changes
This section will be changed by the following pending documents:
- September 14, 2026: Maryland Register, Volume 53, Issue 18
A. Pursuant to Transportation Article, §12-301, Annotated Code of Maryland, a photo identification card shall be issued upon application on a form prescribed by the Motor Vehicle Administration (the Administration) to any resident of Maryland:
(1) Who does not possess a valid driver's license or a moped permit;
(2) Whose privilege to drive has been refused, canceled, suspended, or revoked; or
(3) Who has been issued a temporary license under Transportation Article, §16-205.1, Annotated Code of Maryland.
B. The fee for an identification card is as set forth in COMAR 11.11.05.
**History**
- *Administrative History: Effective date: December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Regulation .01 amended effective May 27, 1991 (18:10 Md. R. 1117); January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulations .05—.08, .10, and .11 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulation .05 amended effective April 26, 2004 (31:8 Md. R. 647)*
- *Administrative History: Regulation .05 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .06 amended effective January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691); April 26, 2004 (31:8 Md. R. 647)*
- *Administrative History: Regulation .06 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .07C amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .08D amended effective April 10, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .09 amended effective May 27, 1991 (18:10 Md. R. 1117)*
- *Administrative History: Regulation .10 adopted effective March 21, 1988 (15:6 Md. R. 741)*
- *Administrative History: Regulation .10 amended effective April 16, 2001 (28:7 Md. R. 691)*
- *Administrative History: Regulation .11 adopted as an emergency provision effective March 27, 1992 (19:8 Md. R. 801); adopted permanently effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .11 amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: Regulation .11 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .11B amended effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .11C amended effective July 28, 2008 (35:15 Md. R. 1349)*
- *Administrative History: Regulation .11D amended as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); amended permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .11D amended effective December 17, 2007 (34:25 Md. R. 2211); July 28, 2008 (35:15 Md. R. 1349)*
- *Administrative History: Regulations .12 and .13 adopted as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulations .12 and .13 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Authority: Transportation Article, §§12-104(b), 12-301, and 12-302, Annotated Code of Maryland*
##### **COMAR 11.17.06.02** Not a License — Repealed. {#sec-11.17.06.02 omnilex-key=us-md-regs-official--title-11--11.17.06.02}
**History**
- *Administrative History: Effective date: December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Regulation .01 amended effective May 27, 1991 (18:10 Md. R. 1117); January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulations .05—.08, .10, and .11 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulation .05 amended effective April 26, 2004 (31:8 Md. R. 647)*
- *Administrative History: Regulation .05 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .06 amended effective January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691); April 26, 2004 (31:8 Md. R. 647)*
- *Administrative History: Regulation .06 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .07C amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .08D amended effective April 10, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .09 amended effective May 27, 1991 (18:10 Md. R. 1117)*
- *Administrative History: Regulation .10 adopted effective March 21, 1988 (15:6 Md. R. 741)*
- *Administrative History: Regulation .10 amended effective April 16, 2001 (28:7 Md. R. 691)*
- *Administrative History: Regulation .11 adopted as an emergency provision effective March 27, 1992 (19:8 Md. R. 801); adopted permanently effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .11 amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: Regulation .11 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .11B amended effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .11C amended effective July 28, 2008 (35:15 Md. R. 1349)*
- *Administrative History: Regulation .11D amended as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); amended permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .11D amended effective December 17, 2007 (34:25 Md. R. 2211); July 28, 2008 (35:15 Md. R. 1349)*
- *Administrative History: Regulations .12 and .13 adopted as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulations .12 and .13 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Authority: Transportation Article, §§12-104(b), 12-301, and 12-302, Annotated Code of Maryland*
##### **COMAR 11.17.06.03** Surrender — Repealed. {#sec-11.17.06.03 omnilex-key=us-md-regs-official--title-11--11.17.06.03}
**History**
- *Administrative History: Effective date: December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Regulation .01 amended effective May 27, 1991 (18:10 Md. R. 1117); January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulations .05—.08, .10, and .11 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulation .05 amended effective April 26, 2004 (31:8 Md. R. 647)*
- *Administrative History: Regulation .05 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .06 amended effective January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691); April 26, 2004 (31:8 Md. R. 647)*
- *Administrative History: Regulation .06 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .07C amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .08D amended effective April 10, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .09 amended effective May 27, 1991 (18:10 Md. R. 1117)*
- *Administrative History: Regulation .10 adopted effective March 21, 1988 (15:6 Md. R. 741)*
- *Administrative History: Regulation .10 amended effective April 16, 2001 (28:7 Md. R. 691)*
- *Administrative History: Regulation .11 adopted as an emergency provision effective March 27, 1992 (19:8 Md. R. 801); adopted permanently effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .11 amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: Regulation .11 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .11B amended effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .11C amended effective July 28, 2008 (35:15 Md. R. 1349)*
- *Administrative History: Regulation .11D amended as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); amended permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .11D amended effective December 17, 2007 (34:25 Md. R. 2211); July 28, 2008 (35:15 Md. R. 1349)*
- *Administrative History: Regulations .12 and .13 adopted as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulations .12 and .13 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Authority: Transportation Article, §§12-104(b), 12-301, and 12-302, Annotated Code of Maryland*
##### **COMAR 11.17.06.04** Minor Application. {#sec-11.17.06.04 omnilex-key=us-md-regs-official--title-11--11.17.06.04}
Pending Changes
This section will be changed by the following pending documents:
- September 14, 2026: Maryland Register, Volume 53, Issue 18
A. The application for an identification card for a minor under 18 years old shall be cosigned by a parent or a legal guardian of the applicant. If the applicant has no parent or legal guardian, or is married, an adult employer of the applicant or any other responsible adult over 18 years old can cosign.
B. The individual cosigning the application of a minor shall certify that the statements made in the application are true to the best of the cosigner's knowledge, information, and belief.
**History**
- *Administrative History: Effective date: December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Regulation .01 amended effective May 27, 1991 (18:10 Md. R. 1117); January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulations .05—.08, .10, and .11 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulation .05 amended effective April 26, 2004 (31:8 Md. R. 647)*
- *Administrative History: Regulation .05 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .06 amended effective January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691); April 26, 2004 (31:8 Md. R. 647)*
- *Administrative History: Regulation .06 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .07C amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .08D amended effective April 10, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .09 amended effective May 27, 1991 (18:10 Md. R. 1117)*
- *Administrative History: Regulation .10 adopted effective March 21, 1988 (15:6 Md. R. 741)*
- *Administrative History: Regulation .10 amended effective April 16, 2001 (28:7 Md. R. 691)*
- *Administrative History: Regulation .11 adopted as an emergency provision effective March 27, 1992 (19:8 Md. R. 801); adopted permanently effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .11 amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: Regulation .11 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .11B amended effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .11C amended effective July 28, 2008 (35:15 Md. R. 1349)*
- *Administrative History: Regulation .11D amended as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); amended permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .11D amended effective December 17, 2007 (34:25 Md. R. 2211); July 28, 2008 (35:15 Md. R. 1349)*
- *Administrative History: Regulations .12 and .13 adopted as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulations .12 and .13 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Authority: Transportation Article, §§12-104(b), 12-301, and 12-302, Annotated Code of Maryland*
##### **COMAR 11.17.06.05** Repealed. {#sec-11.17.06.05 omnilex-key=us-md-regs-official--title-11--11.17.06.05}
**History**
- *Administrative History: Effective date: December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Regulation .01 amended effective May 27, 1991 (18:10 Md. R. 1117); January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulations .05—.08, .10, and .11 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulation .05 amended effective April 26, 2004 (31:8 Md. R. 647)*
- *Administrative History: Regulation .05 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .06 amended effective January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691); April 26, 2004 (31:8 Md. R. 647)*
- *Administrative History: Regulation .06 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .07C amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .08D amended effective April 10, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .09 amended effective May 27, 1991 (18:10 Md. R. 1117)*
- *Administrative History: Regulation .10 adopted effective March 21, 1988 (15:6 Md. R. 741)*
- *Administrative History: Regulation .10 amended effective April 16, 2001 (28:7 Md. R. 691)*
- *Administrative History: Regulation .11 adopted as an emergency provision effective March 27, 1992 (19:8 Md. R. 801); adopted permanently effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .11 amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: Regulation .11 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .11B amended effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .11C amended effective July 28, 2008 (35:15 Md. R. 1349)*
- *Administrative History: Regulation .11D amended as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); amended permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .11D amended effective December 17, 2007 (34:25 Md. R. 2211); July 28, 2008 (35:15 Md. R. 1349)*
- *Administrative History: Regulations .12 and .13 adopted as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulations .12 and .13 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Authority: Transportation Article, §§12-104(b), 12-301, and 12-302, Annotated Code of Maryland*
##### **COMAR 11.17.06.06** Repealed. {#sec-11.17.06.06 omnilex-key=us-md-regs-official--title-11--11.17.06.06}
**History**
- *Administrative History: Effective date: December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Regulation .01 amended effective May 27, 1991 (18:10 Md. R. 1117); January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulations .05—.08, .10, and .11 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulation .05 amended effective April 26, 2004 (31:8 Md. R. 647)*
- *Administrative History: Regulation .05 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .06 amended effective January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691); April 26, 2004 (31:8 Md. R. 647)*
- *Administrative History: Regulation .06 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .07C amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .08D amended effective April 10, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .09 amended effective May 27, 1991 (18:10 Md. R. 1117)*
- *Administrative History: Regulation .10 adopted effective March 21, 1988 (15:6 Md. R. 741)*
- *Administrative History: Regulation .10 amended effective April 16, 2001 (28:7 Md. R. 691)*
- *Administrative History: Regulation .11 adopted as an emergency provision effective March 27, 1992 (19:8 Md. R. 801); adopted permanently effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .11 amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: Regulation .11 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .11B amended effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .11C amended effective July 28, 2008 (35:15 Md. R. 1349)*
- *Administrative History: Regulation .11D amended as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); amended permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .11D amended effective December 17, 2007 (34:25 Md. R. 2211); July 28, 2008 (35:15 Md. R. 1349)*
- *Administrative History: Regulations .12 and .13 adopted as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulations .12 and .13 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Authority: Transportation Article, §§12-104(b), 12-301, and 12-302, Annotated Code of Maryland*
##### **COMAR 11.17.06.07** Duplicate. {#sec-11.17.06.07 omnilex-key=us-md-regs-official--title-11--11.17.06.07}
A duplicate identification card may be issued to replace one which has been lost, stolen, mutilated, or destroyed if the person applying for a duplicate card furnishes information satisfactory to the Administration of the above circumstances, pays the required fee, and is entitled to a duplicate license.
**History**
- *Administrative History: Effective date: December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Regulation .01 amended effective May 27, 1991 (18:10 Md. R. 1117); January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulations .05—.08, .10, and .11 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulation .05 amended effective April 26, 2004 (31:8 Md. R. 647)*
- *Administrative History: Regulation .05 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .06 amended effective January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691); April 26, 2004 (31:8 Md. R. 647)*
- *Administrative History: Regulation .06 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .07C amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .08D amended effective April 10, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .09 amended effective May 27, 1991 (18:10 Md. R. 1117)*
- *Administrative History: Regulation .10 adopted effective March 21, 1988 (15:6 Md. R. 741)*
- *Administrative History: Regulation .10 amended effective April 16, 2001 (28:7 Md. R. 691)*
- *Administrative History: Regulation .11 adopted as an emergency provision effective March 27, 1992 (19:8 Md. R. 801); adopted permanently effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .11 amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: Regulation .11 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .11B amended effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .11C amended effective July 28, 2008 (35:15 Md. R. 1349)*
- *Administrative History: Regulation .11D amended as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); amended permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .11D amended effective December 17, 2007 (34:25 Md. R. 2211); July 28, 2008 (35:15 Md. R. 1349)*
- *Administrative History: Regulations .12 and .13 adopted as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulations .12 and .13 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Authority: Transportation Article, §§12-104(b), 12-301, and 12-302, Annotated Code of Maryland*
##### **COMAR 11.17.06.08** Correction. {#sec-11.17.06.08 omnilex-key=us-md-regs-official--title-11--11.17.06.08}
A. Upon receipt from the identification cardholder, on a change request form prescribed by the Administration, the Administration shall issue an attachment card to correct the resident address.
B. There is no fee for the attachment card.
C. Upon request by the identification cardholder, on a form prescribed by the Administration, the Administration shall issue a new identification card instead of the attachment card. The applicant shall appear in person and pay a fee as set forth in COMAR 11.11.05.
D. There is no fee for adding or deleting:
(1) An organ donor designation to an identification card; or
(2) A veteran designation to an identification card.
**History**
- *Administrative History: Effective date: December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Regulation .01 amended effective May 27, 1991 (18:10 Md. R. 1117); January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulations .05—.08, .10, and .11 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulation .05 amended effective April 26, 2004 (31:8 Md. R. 647)*
- *Administrative History: Regulation .05 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .06 amended effective January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691); April 26, 2004 (31:8 Md. R. 647)*
- *Administrative History: Regulation .06 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .07C amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .08D amended effective April 10, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .09 amended effective May 27, 1991 (18:10 Md. R. 1117)*
- *Administrative History: Regulation .10 adopted effective March 21, 1988 (15:6 Md. R. 741)*
- *Administrative History: Regulation .10 amended effective April 16, 2001 (28:7 Md. R. 691)*
- *Administrative History: Regulation .11 adopted as an emergency provision effective March 27, 1992 (19:8 Md. R. 801); adopted permanently effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .11 amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: Regulation .11 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .11B amended effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .11C amended effective July 28, 2008 (35:15 Md. R. 1349)*
- *Administrative History: Regulation .11D amended as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); amended permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .11D amended effective December 17, 2007 (34:25 Md. R. 2211); July 28, 2008 (35:15 Md. R. 1349)*
- *Administrative History: Regulations .12 and .13 adopted as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulations .12 and .13 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Authority: Transportation Article, §§12-104(b), 12-301, and 12-302, Annotated Code of Maryland*
##### **COMAR 11.17.06.09** Fees Not Refundable. {#sec-11.17.06.09 omnilex-key=us-md-regs-official--title-11--11.17.06.09}
The fees authorized by Transportation Article, §12-301, Annotated Code of Maryland, and this chapter for issuance, duplication, correction, or renewal of the identification cards may not be refunded.
**History**
- *Administrative History: Effective date: December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Regulation .01 amended effective May 27, 1991 (18:10 Md. R. 1117); January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulations .05—.08, .10, and .11 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulation .05 amended effective April 26, 2004 (31:8 Md. R. 647)*
- *Administrative History: Regulation .05 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .06 amended effective January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691); April 26, 2004 (31:8 Md. R. 647)*
- *Administrative History: Regulation .06 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .07C amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .08D amended effective April 10, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .09 amended effective May 27, 1991 (18:10 Md. R. 1117)*
- *Administrative History: Regulation .10 adopted effective March 21, 1988 (15:6 Md. R. 741)*
- *Administrative History: Regulation .10 amended effective April 16, 2001 (28:7 Md. R. 691)*
- *Administrative History: Regulation .11 adopted as an emergency provision effective March 27, 1992 (19:8 Md. R. 801); adopted permanently effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .11 amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: Regulation .11 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .11B amended effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .11C amended effective July 28, 2008 (35:15 Md. R. 1349)*
- *Administrative History: Regulation .11D amended as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); amended permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .11D amended effective December 17, 2007 (34:25 Md. R. 2211); July 28, 2008 (35:15 Md. R. 1349)*
- *Administrative History: Regulations .12 and .13 adopted as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulations .12 and .13 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Authority: Transportation Article, §§12-104(b), 12-301, and 12-302, Annotated Code of Maryland*
##### **COMAR 11.17.06.10** Waiver of Fee. {#sec-11.17.06.10 omnilex-key=us-md-regs-official--title-11--11.17.06.10}
A. For purposes of this regulation, the word “blind” means:
(1) Visual acuity not to exceed 20/200 in the better eye with correcting lenses; or
(2) Visual acuity greater than 20/200 but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees.
B. A fee is not required if the applicant for an identification card is exempt under Transportation Article, §12-301(b)(2), Annotated Code of Maryland.
C. An application for a waiver of fees pursuant to Transportation Article, §12-301(b)(2)(ii)—(iv), Annotated Code of Maryland, may be required to be accompanied by a:
(1) Card issued by a governmental agency or tax exempt organization attesting to the disability; or
(2) Signed statement by a licensed physician attesting to the permanent disability, except in a case when a loss of limb is clearly visible.
**History**
- *Administrative History: Effective date: December 30, 1985 (12:26 Md. R. 2546)*
- *Administrative History: Regulation .01 amended effective May 27, 1991 (18:10 Md. R. 1117); January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691)*
- *Administrative History: Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulations .05—.08, .10, and .11 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulation .05 amended effective April 26, 2004 (31:8 Md. R. 647)*
- *Administrative History: Regulation .05 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .06 amended effective January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691); April 26, 2004 (31:8 Md. R. 647)*
- *Administrative History: Regulation .06 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .07C amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .08D amended effective April 10, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .09 amended effective May 27, 1991 (18:10 Md. R. 1117)*
- *Administrative History: Regulation .10 adopted effective March 21, 1988 (15:6 Md. R. 741)*
- *Administrative History: Regulation .10 amended effective April 16, 2001 (28:7 Md. R. 691)*
- *Administrative History: Regulation .11 adopted as an emergency provision effective March 27, 1992 (19:8 Md. R. 801); adopted permanently effective September 14, 1992 (19:18 Md. R. 1657)*
- *Administrative History: Regulation .11 amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: Regulation .11 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .11B amended effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .11C amended effective July 28, 2008 (35:15 Md. R. 1349)*
- *Administrative History: Regulation .11D amended as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); amended permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .11D amended effective December 17, 2007 (34:25 Md. R. 2211); July 28, 2008 (35:15 Md. R. 1349)*
- *Administrative History: Regulations .12 and .13 adopted as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulations .12 and .13 repealed effective November 2, 2009 (36:22 Md. R. 1724)*
- *Authority: Transportation Article, §§12-104(b), 12-301, and 12-302, Annotated Code of Maryland*
##### **COMAR 11.17.07** Driver Improvement Programs, Drug and Alcohol Education Programs, and Point System Conferences [Repealed — See COMAR 11.12.09] {#sec-11.17.07 omnilex-key=us-md-regs-official--title-11--11.17.07}
**History**
- *Administrative History: Effective date: November 18, 1985 (12:23 Md. R. 2221)*
- *Administrative History: Regulation .02A amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .02B amended effective August 25, 1986 (13:17 Md. R. 1923)*
- *Administrative History: Regulation .03B amended effective January 1, 1992 (18:25 Md. R. 2755)*
- *Administrative History: Regulation .04C amended effective August 25, 1986 (13:17 Md. R. 1923)*
- *Administrative History: Regulation .05A amended effective August 25, 1986 (13:17 Md. R. 1923)*
- *Administrative History: Regulation .05C adopted effective May 18, 1987 (14:10 Md. R. 1171)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.07 adopted effective June 20, 1994 (21:12 Md. R. 1061)*
- *Administrative History: Regulation .01 amended effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulation .01-1 adopted effective January 9, 2000 (26:27 Md. R. 2016)*
- *Administrative History: Regulation .02 amended effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulation .03 amended effective September 22, 1997 (24:19 Md. R. 1342); January 9, 2000 (26:27 Md. R. 2016)*
- *Administrative History: Regulation .06 amended effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: ——————*
- *Administrative History: Chapter, Driver Improvement Programs, Drug and Alcohol Education Programs, and Point System Conferences, repealed effective March 1, 2008 (35:2 Md. R. 127)*
## **11.17.08** Reinstatement of Revoked Driver's License or Privileges
##### **COMAR 11.17.08.01** Definitions. {#sec-11.17.08.01 omnilex-key=us-md-regs-official--title-11--11.17.08.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Alcohol incident” means a:
(a) Conviction or probation before judgement of a violation of Transportation Article, §21-902(a), (b), or (c), Annotated Code of Maryland, or a conviction or probation before judgement of a violation of a similar law of another jurisdiction;
(b) Refusal to submit to a test to determine alcohol concentration in this State or another jurisdiction;
(c) Test result indicating an alcohol concentration of 0.08 or more at the time of testing, as provided for in Transportation Article, §16-205.1, Annotated Code of Maryland, or a similar law in another jurisdiction; or
(d) Report of specific incidents of drunkenness or crimes resulting from drunkenness, whether or not in a motor vehicle.
(3) “Approved alcohol education program” means a program which has been approved by the Alcohol and Drug Abuse Administration of the Maryland Department of Health.
(4) “Certified alcohol treatment program” means a program which has been certified by the Alcohol and Drug Abuse Administration of the Maryland Department of Health.
(5) “Certified substance abuse treatment program” means a program which has been certified by the Alcohol and Drug Abuse Administration of the Maryland Department of Health.
**History**
- *Administrative History: Effective date: November 4, 1985 (12:22 Md. R. 2108)*
- *Administrative History: Regulation .01 repealed and new Regulation .01 adopted effective April 26, 1993 (20:8 Md. R. 723)*
- *Administrative History: Regulation .01B amended effective September 30, 2002 (29:19 Md. R. 1525); May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .02B and C amended effective April 26, 1993 (20:8 Md. R. 723)*
- *Administrative History: Regulation .03 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulations .04—.06 adopted effective April 26, 1993 (20:8 Md. R. 723)*
- *Administrative History: Regulation .04 amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .04A amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .05A amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .06C amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Authority: Transportation Article, §§12-104(b), 16-208(b)(5), and 16-209, Annotated Code of Maryland*
##### **COMAR 11.17.08.02** Factors to Consider. {#sec-11.17.08.02 omnilex-key=us-md-regs-official--title-11--11.17.08.02}
The following factors may be considered by the Motor Vehicle Administration in the review or decision-making process upon receipt of applications for reinstatement:
A. Complete driving record history. The following apply:
(1) In reviewing convictions, offenses, and accidents, the following points shall be considered:
(a) Nature and seriousness of offenses;
(b) Degree of hazard or other aggravation indicated by court actions;
(c) Repetition and frequency of offenses;
(d) Accident involvement—the degree of seriousness in terms of fatalities, personal injury to the applicant or others, and property damage.
(2) After considering the sequence, pattern, nature, and the seriousness of offenses, the Administration shall consider:
(a) The number of violations reported in the last 2 or 3 years of driving history;
(b) The intervals between violations;
(c) The distribution of violations—consistent or sudden problems after a long period of good driving;
(d) Repeated involvement in the same type of violation;
(e) Possibility of physical or mental deficiencies on the part of the driver which would account for accidents;
(f) Indication of alcohol or drug abuse, or lack of physical ability, knowledge, or skill to drive safely which may predict future offenses or accidents, or both.
B. Information reported from other sources, including:
(1) Convictions, dispositions of probation before judgment, and any arrests pending dispositions of the court relating to:
(a) Drug use or drug addiction, whether or not involving a motor vehicle,
(b) Drunkenness or crimes resulting in drunkenness whether or not in a motor vehicle, or
(c) Felonies involving a motor vehicle;
(2) Recommendations for driver reexamination filed by law enforcement because of irrational behavior, apparent physical or mental disability or incompetence, or other reason;
(3) Reports or recommendations from probation officers, social workers, drinking driver monitors, or all of these;
(4) Reports of violations of license suspensions, revocations, or restrictions in other jurisdictions;
(5) Reports or recommendations, or both, from courts, hospitals, health departments, treatment facilities, physicians, psychologists, and counselors or other health care practitioners;
(6) Information from the applicant's family, friends, or neighbors concerning the applicant's mental or physical condition;
(7) Conviction of defaced, mutilated, altered, or fraudulent licenses;
(8) Reports of continued driving during revocation period;
(9) Accident investigation reports by law enforcement or insurance companies;
(10) Information from present or previous employers, local police departments, local bars, restaurants, drugstores, or other sources;
(11) Reports, recommendations, or decisions from administrative law judges employed by the Office of Administrative Hearings.
C. Internal records, including findings, reports, alcohol assessments, or recommendations, or all of these, from the medical advisory board, or other sources within the Administration.
**History**
- *Administrative History: Effective date: November 4, 1985 (12:22 Md. R. 2108)*
- *Administrative History: Regulation .01 repealed and new Regulation .01 adopted effective April 26, 1993 (20:8 Md. R. 723)*
- *Administrative History: Regulation .01B amended effective September 30, 2002 (29:19 Md. R. 1525); May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .02B and C amended effective April 26, 1993 (20:8 Md. R. 723)*
- *Administrative History: Regulation .03 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulations .04—.06 adopted effective April 26, 1993 (20:8 Md. R. 723)*
- *Administrative History: Regulation .04 amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .04A amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .05A amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .06C amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Authority: Transportation Article, §§12-104(b), 16-208(b)(5), and 16-209, Annotated Code of Maryland*
##### **COMAR 11.17.08.03** Fees. {#sec-11.17.08.03 omnilex-key=us-md-regs-official--title-11--11.17.08.03}
The fees for the reinstatement of a revoked driver's license or privilege to drive are as set forth in COMAR 11.11.05.
**History**
- *Administrative History: Effective date: November 4, 1985 (12:22 Md. R. 2108)*
- *Administrative History: Regulation .01 repealed and new Regulation .01 adopted effective April 26, 1993 (20:8 Md. R. 723)*
- *Administrative History: Regulation .01B amended effective September 30, 2002 (29:19 Md. R. 1525); May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .02B and C amended effective April 26, 1993 (20:8 Md. R. 723)*
- *Administrative History: Regulation .03 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulations .04—.06 adopted effective April 26, 1993 (20:8 Md. R. 723)*
- *Administrative History: Regulation .04 amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .04A amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .05A amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .06C amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Authority: Transportation Article, §§12-104(b), 16-208(b)(5), and 16-209, Annotated Code of Maryland*
##### **COMAR 11.17.08.04** Alcohol Abuse or Chemical Addiction Treatment Required. {#sec-11.17.08.04 omnilex-key=us-md-regs-official--title-11--11.17.08.04}
A. If an applicant has been involved in two alcohol-related or other substance-related driving incidents during the past 5 years, or three or more alcohol-related or other substance-related driving incidents in a lifetime, the applicant shall submit with the reinstatement application evidence of current participation in or completion of a certified substance abuse treatment program of at least 90 days.
B. Regardless of the number of incidents, if, as the result of investigation or assessment, an applicant is determined to have alcoholism or a chemical addiction that has not been addressed, the Administration may require evidence of at least 90 days of satisfactory completion of a certified substance abuse treatment program.
C. An individual applying for reinstatement may be required to undergo review or appear for an interview before the Medical Advisory Board.
D. As a condition for approval, the Administration may impose certain restrictions, limitations, or other requirements determined to be appropriate to ensure an individual’s safe driving of a motor vehicle, including but not limited to, enrollment in the Ignition Interlock Program.
**History**
- *Administrative History: Effective date: November 4, 1985 (12:22 Md. R. 2108)*
- *Administrative History: Regulation .01 repealed and new Regulation .01 adopted effective April 26, 1993 (20:8 Md. R. 723)*
- *Administrative History: Regulation .01B amended effective September 30, 2002 (29:19 Md. R. 1525); May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .02B and C amended effective April 26, 1993 (20:8 Md. R. 723)*
- *Administrative History: Regulation .03 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulations .04—.06 adopted effective April 26, 1993 (20:8 Md. R. 723)*
- *Administrative History: Regulation .04 amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .04A amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .05A amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .06C amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Authority: Transportation Article, §§12-104(b), 16-208(b)(5), and 16-209, Annotated Code of Maryland*
##### **COMAR 11.17.08.05** Conditions for Reinstatement. {#sec-11.17.08.05 omnilex-key=us-md-regs-official--title-11--11.17.08.05}
As conditions for reinstatement, the Administration may require one or more of the following:
A. Participation or continued participation in a certified substance abuse treatment program for a specified period of time;
B. Attendance for a specified period of time at self-help group meetings such as Alcoholics Anonymous, Narcotics Anonymous, or other acceptable support groups;
C. Enrollment in the Drinking Driver Monitor Program of the Division of Parole and Probation, Department of Public Safety and Correctional Services, for a specified period of time and in the manner prescribed by the program's monitor;
D. Attendance at an approved alcohol education program for the period of time prescribed by the program's director; or
E. Compliance with any recommendations of the Administration's Medical Advisory Board.
**History**
- *Administrative History: Effective date: November 4, 1985 (12:22 Md. R. 2108)*
- *Administrative History: Regulation .01 repealed and new Regulation .01 adopted effective April 26, 1993 (20:8 Md. R. 723)*
- *Administrative History: Regulation .01B amended effective September 30, 2002 (29:19 Md. R. 1525); May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .02B and C amended effective April 26, 1993 (20:8 Md. R. 723)*
- *Administrative History: Regulation .03 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulations .04—.06 adopted effective April 26, 1993 (20:8 Md. R. 723)*
- *Administrative History: Regulation .04 amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .04A amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .05A amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .06C amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Authority: Transportation Article, §§12-104(b), 16-208(b)(5), and 16-209, Annotated Code of Maryland*
##### **COMAR 11.17.08.06** Tests Required Following Reinstatement Approval. {#sec-11.17.08.06 omnilex-key=us-md-regs-official--title-11--11.17.08.06}
A. If an individual applies for reinstatement under Transportation Article, §16-208(b)(2), Annotated Code of Maryland, the Administration may waive the:
(1) Driving test; and
(2) Knowledge of the law test.
B. In determining whether to waive the tests under §A of this regulation, the Administrator shall consider whether:
(1) The reason for the revocation would require that one or more tests, as appropriate, be administered;
(2) The driving record of the applicant would require that one or more tests, as appropriate, be administered;
(3) Some other reason, discovered during the reinstatement process, would require that one or more tests, as appropriate, be administered; and
(4) A waiver would be contrary to public safety.
C. If an individual applies for reinstatement under Transportation Article, §16-208(b)(3), (4), or (5), Annotated Code of Maryland, the Administration may not reinstate the individual until the individual:
(1) Passes the driving test, vision screening, and knowledge of the law test; and
(2) Complies with any other conditions imposed by the Administration as a prerequisite to being reinstated.
**History**
- *Administrative History: Effective date: November 4, 1985 (12:22 Md. R. 2108)*
- *Administrative History: Regulation .01 repealed and new Regulation .01 adopted effective April 26, 1993 (20:8 Md. R. 723)*
- *Administrative History: Regulation .01B amended effective September 30, 2002 (29:19 Md. R. 1525); May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .02B and C amended effective April 26, 1993 (20:8 Md. R. 723)*
- *Administrative History: Regulation .03 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulations .04—.06 adopted effective April 26, 1993 (20:8 Md. R. 723)*
- *Administrative History: Regulation .04 amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .04A amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .05A amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Administrative History: Regulation .06C amended effective September 30, 2002 (29:19 Md. R. 1525)*
- *Authority: Transportation Article, §§12-104(b), 16-208(b)(5), and 16-209, Annotated Code of Maryland*
## **11.17.09** Proof of Age, Full Name, Identity, Maryland Residence, Social Security Number, and Lawful Status
##### **COMAR 11.17.09.01** Purpose and Application. {#sec-11.17.09.01 omnilex-key=us-md-regs-official--title-11--11.17.09.01}
The purpose of this chapter is to identify the documents acceptable to the Administration as proof of age, full name, identity, Maryland residence, Social Security number, and lawful status required for the issuance of a Maryland license or identification card as set forth in Ch. 390, Acts of 2009.
**History**
- *Administrative History: Effective date: September 7, 1987 (14:18 Md. R. 1967)*
- *Administrative History: Chapter revised effective October 28, 1991 (18:21 Md. R. 2310)*
- *Administrative History: Regulations .01, .02, .04 and .05 amended as an emergency provision effective March 27, 1992 (19:8 Md. R. 802)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 14, 1992 (19:18 Md. R. 1658)*
- *Administrative History: Regulations .03, .04, and .07—.09 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); amended permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2211)*
- *Administrative History: Regulation .04A amended effective December 17, 2007 (34:25 Md. R. 2211)*
- *Administrative History: Regulation .04C amended effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .04D, E amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: Regulation .06A amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.09 repealed and new Regulations .01—.07 adopted effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .01 amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .01A amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .03 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .04 amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .04C, D amended effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .04G amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .05 amended effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .05C amended effective March 21, 2011 (38:6 Md. R. 395); May 2, 2011 (38:9 Md. R. 553); October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05C, D amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .05C, E amended effective September 3, 2012 (39:17 Md. R. 1148)*
- *Administrative History: Regulation .05D amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .06 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .06C amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .06C, D, E adopted effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .07 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .07C, D amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .08 adopted effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Transportation Article, §§12-104(b), 12-301, 16-103.1, 16-104.2, 16-106, 16-115, and 16-121—16-122, Annotated Code of Maryland; 6 CFR 37*
##### **COMAR 11.17.09.02** Definitions. {#sec-11.17.09.02 omnilex-key=us-md-regs-official--title-11--11.17.09.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Birth certificate” means:
(a) An original birth certificate or certified copy of the original birth certificate issued by a state or a territory of the United States; or
(b) Record of birth issued by the State Office of Vital Records or the equivalent agency in the applicant's state of birth.
(3) “Compliant” means a license or identification card that meets federal REAL ID standards.
(4) “Full name” means an applicant's first, middle, and last name or surname, and suffix, if applicable, without the use of titles, initials or nicknames.
(5) “Identification card” means a photo identification card issued under Transportation Article, §12-301, Annotated Code of Maryland.
(6) “Lawful status” has the meaning stated in Transportation Article, §11-127.1, Annotated Code of Maryland.
(7) License.
(a) “License” means an original, renewal, duplicate, or corrected driver's license or permit to drive a motor vehicle issued by the Administration; and
(b) “License” includes a:
(i) Temporary license;
(ii) Learner's instructional permit;
(iii) Moped operator's permit;
(iv) Provisional license; or
(v) Commercial driver's license.
(8) “Limited Term” means a compliant license or identification card where the term expires at:
(a) The expiration date of the applicant’s authorized stay in the United States; or
(b) If there is no verifiable expiration date, no longer than 1 year from date of issuance.
(9) “Noncompliant” means a license or identification card that does meet federal REAL ID standards and is not acceptable by federal agencies for official purposes.
(10) “Nursing home" means either:
(a) A comprehensive care facility, as defined in COMAR 10.07.02.01B(6); or
(b) An extended care facility, as defined in COMAR 10.07.02.01B(12).
(11) “Renewal” means a license or identification card issued to replace an expiring license or identification card.
(12) “Residence” has the meaning stated in Transportation Article, §11-149, Annotated Code of Maryland.
(13) “SSA” means Social Security Administration.
(14) “SSN” means a Social Security number assigned by the Social Security Administration.
(15) “SSN non-match” means a Social Security number (SSN) which cannot be verified electronically with the Social Security Administration.
(16) “Source document” means the original or a certified copy of a document acceptable to the Administration that is submitted by an applicant for a license or identification card.
(17) “State” means any state, possession, or territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province or territory of Canada.
(18) “Temporary lawful status” has the meaning stated in Transportation Article, §11-165.1, Annotated Code of Maryland.
(19) “U.S. DHS” means the United States Department of Homeland Security.
**Cross References**
11.17.09.04B(2)
**History**
- *Administrative History: Effective date: September 7, 1987 (14:18 Md. R. 1967)*
- *Administrative History: Chapter revised effective October 28, 1991 (18:21 Md. R. 2310)*
- *Administrative History: Regulations .01, .02, .04 and .05 amended as an emergency provision effective March 27, 1992 (19:8 Md. R. 802)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 14, 1992 (19:18 Md. R. 1658)*
- *Administrative History: Regulations .03, .04, and .07—.09 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); amended permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2211)*
- *Administrative History: Regulation .04A amended effective December 17, 2007 (34:25 Md. R. 2211)*
- *Administrative History: Regulation .04C amended effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .04D, E amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: Regulation .06A amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.09 repealed and new Regulations .01—.07 adopted effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .01 amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .01A amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .03 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .04 amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .04C, D amended effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .04G amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .05 amended effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .05C amended effective March 21, 2011 (38:6 Md. R. 395); May 2, 2011 (38:9 Md. R. 553); October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05C, D amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .05C, E amended effective September 3, 2012 (39:17 Md. R. 1148)*
- *Administrative History: Regulation .05D amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .06 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .06C amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .06C, D, E adopted effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .07 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .07C, D amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .08 adopted effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Transportation Article, §§12-104(b), 12-301, 16-103.1, 16-104.2, 16-106, 16-115, and 16-121—16-122, Annotated Code of Maryland; 6 CFR 37*
##### **COMAR 11.17.09.03** Applicant's Requirements. {#sec-11.17.09.03 omnilex-key=us-md-regs-official--title-11--11.17.09.03}
A. An applicant requesting a Maryland license or identification card shall provide verifiable documentation acceptable to the Administration. The documentation shall provide proof of:
(1) Age, full name, and identity as set forth in Regulation .04B of this chapter;
(2) Residency as set forth in Regulation .04C of this chapter;
(3) Valid SSN or the applicant's ineligibility for a SSN as set forth in Regulation .04D and .04E of this chapter; and
(4) Lawful or temporary lawful status as set forth in Regulation .04F of this chapter.
B. The applicant shall:
(1) Certify under penalty of perjury that the information provided in the application is true and correct; and
(2) Pay any applicable fees set forth in COMAR 11.11.05.03.
C. Temporary Lawful Status. In accordance with Maryland Vehicle Law, an applicant for a license or identification card with verifiable proof of temporary lawful status in the U.S. may be issued a limited term license or identification card.
**Cross References**
11.17.09.07C
**History**
- *Administrative History: Effective date: September 7, 1987 (14:18 Md. R. 1967)*
- *Administrative History: Chapter revised effective October 28, 1991 (18:21 Md. R. 2310)*
- *Administrative History: Regulations .01, .02, .04 and .05 amended as an emergency provision effective March 27, 1992 (19:8 Md. R. 802)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 14, 1992 (19:18 Md. R. 1658)*
- *Administrative History: Regulations .03, .04, and .07—.09 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); amended permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2211)*
- *Administrative History: Regulation .04A amended effective December 17, 2007 (34:25 Md. R. 2211)*
- *Administrative History: Regulation .04C amended effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .04D, E amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: Regulation .06A amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.09 repealed and new Regulations .01—.07 adopted effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .01 amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .01A amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .03 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .04 amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .04C, D amended effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .04G amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .05 amended effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .05C amended effective March 21, 2011 (38:6 Md. R. 395); May 2, 2011 (38:9 Md. R. 553); October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05C, D amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .05C, E amended effective September 3, 2012 (39:17 Md. R. 1148)*
- *Administrative History: Regulation .05D amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .06 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .06C amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .06C, D, E adopted effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .07 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .07C, D amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .08 adopted effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Transportation Article, §§12-104(b), 12-301, 16-103.1, 16-104.2, 16-106, 16-115, and 16-121—16-122, Annotated Code of Maryland; 6 CFR 37*
##### **COMAR 11.17.09.04** Source Documents for Proof of Age, Full Name, Identity, Maryland Residence, Social Security Number, and Lawful Status or Temporary Lawful Status. {#sec-11.17.09.04 omnilex-key=us-md-regs-official--title-11--11.17.09.04}
A. Except as otherwise provided in this chapter, an applicant for a Maryland license or identification card shall provide as applicable the documents specified in this chapter to the Administration as proof of:
(1) Age;
(2) Full name;
(3) Identity;
(4) Maryland residence;
(5) SSN or proof of ineligibility for an SSN; and
(6) Lawful status.
B. An applicant, to establish proof of age, full name, and identity, shall submit at least one of the following source documents:
(1) Valid, unexpired U.S. passport;
(2) Birth certificate as defined in Regulation .02 of this chapter;
(3) Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State (DOS), Form FS-240, DS-1350, or FS-545;
(4) Valid, unexpired Permanent Resident Card, Form I-551, issued by the U.S. DHS;
(5) Certificate of Naturalization, form N-550 or N-570 issued by the U.S. DHS;
(6) Certificate of Citizenship, Form N-560 or N-561 issued by the U.S. DHS;
(7) Unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved I-94 form documenting the applicant's most recent admittance into the U.S.;
(8) Unexpired employment authorization documents (EAD), Form I-776 or I-688B, issued by the U.S. DHS; or
(9) Any other documents designated acceptable by U.S. DHS by notice published in the Federal Register or acceptable to the Administration.
C. Source Documents for Residency. To establish Maryland residency, an applicant for a license or identification card shall submit at least two different source documents reflecting the applicant’s full name and current Maryland residence address. The address on source documents shall match the address on the application. The residency source documents include:
(1) Maryland vehicle registration card or title;
(2) Communication from a utility, telephone, cable or satellite TV provider regarding an account held by the applicant;
(3) Communication from a financial institution, or collection agency regarding an account held or debt owed by the applicant;
(4) Insurance card or policy;
(5) Property tax bill or receipt;
(6) Mortgage account statement, deed, communication from the State Department of Assessments and Taxation, or other proof of home ownership;
(7) Residential rental contract, an apartment lease, or other rental of real property;
(8) Mail or benefits statement from a federal, state, or local government agency;
(9) Copy of federal or Maryland income tax return filing not more than 18 months old, with proof of filing;
(10) Installment contract from a bank or other financial institution;
(11) Sales tax or business license;
(12) Credit card statement;
(13) Residential service contract or proof of delivery for services performed at the address of residence;
(14) Court order of probation, order of parole, or order of mandatory release;
(15) Medical or hospital bill;
(16) Voter registration card;
(17) Selective Service Card;
(18) Communication from a United States (U.S.) college or university regarding an account held by the applicant;
(19) U.S. high school report card or U.S. high school transcript;
(20) Valid Maryland State-issued professional license; or
(21) Other proof of residency acceptable to the Administration.
D. To establish proof of SSN, an applicant shall submit:
(1) Original Social Security card;
(2) W-2 form;
(3) SSA-1099 form;
(4) Non-SSA-1099 form; or
(5) Pay stub bearing the applicant's name and SSN.
E. To establish proof of ineligibility for an SSN, an applicant shall submit:
(1) Documentation demonstrating non-work authorized status; or
(2) Other proof of ineligibility for an SSN acceptable to the Administration.
F. Proof of Lawful Status.
(1) An applicant may use an acceptable document submitted as proof of age, full name, and identity under §B(1)—(8) of this regulation as proof of lawful status; or
(2) If an applicant submits one source document for proof of age, full name, and identity under §B(9) of this regulation, the applicant shall submit a second source document listed under §B(1)—(8) of this regulation, or other documentation issued by the U.S. DHS or other federal agencies to establish lawful status.
G. Applicants requesting a name change or to establish a name other than the name that appears on a source document shall submit documentation issued by a court, governmental body, or other entity acceptable to the Administration to include:
(1) Certified copy of a court order pertaining to the name change;
(2) Original or certified copy of a marriage certificate;
(3) Original or certified copy of a divorce decree; or
(4) Original or certified copy of a birth certificate.
**Cross References**
11.17.09.03A(1)
11.17.09.03A(2)
11.17.09.03A(4)
11.17.09.05B
11.17.09.05D
11.17.09.05E
**History**
- *Administrative History: Effective date: September 7, 1987 (14:18 Md. R. 1967)*
- *Administrative History: Chapter revised effective October 28, 1991 (18:21 Md. R. 2310)*
- *Administrative History: Regulations .01, .02, .04 and .05 amended as an emergency provision effective March 27, 1992 (19:8 Md. R. 802)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 14, 1992 (19:18 Md. R. 1658)*
- *Administrative History: Regulations .03, .04, and .07—.09 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); amended permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2211)*
- *Administrative History: Regulation .04A amended effective December 17, 2007 (34:25 Md. R. 2211)*
- *Administrative History: Regulation .04C amended effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .04D, E amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: Regulation .06A amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.09 repealed and new Regulations .01—.07 adopted effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .01 amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .01A amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .03 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .04 amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .04C, D amended effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .04G amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .05 amended effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .05C amended effective March 21, 2011 (38:6 Md. R. 395); May 2, 2011 (38:9 Md. R. 553); October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05C, D amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .05C, E amended effective September 3, 2012 (39:17 Md. R. 1148)*
- *Administrative History: Regulation .05D amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .06 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .06C amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .06C, D, E adopted effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .07 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .07C, D amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .08 adopted effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Transportation Article, §§12-104(b), 12-301, 16-103.1, 16-104.2, 16-106, 16-115, and 16-121—16-122, Annotated Code of Maryland; 6 CFR 37*
##### **COMAR 11.17.09.05** Source Document Exception Process. {#sec-11.17.09.05 omnilex-key=us-md-regs-official--title-11--11.17.09.05}
A. In accordance with 6 CFR §37.11(h), the Administration has established an exception process for the issuance of a license or identification card to an applicant who is unable to comply with all the source document requirements for proof of identity or residency.
B. If an applicant is unable to comply with the source document requirements set forth in Regulation .04 of this chapter due to circumstances beyond the applicant's control, the applicant may submit the alternate source documents under §§CE of this regulation.
C. The Administration may accept the following documents as proof of Maryland residency if submitted by an applicant under the following circumstances:
(1) If the applicant is a dependent:
(a) Under the age of 21 and resides with the parent or guardian:
(i) Written certification of the residence of the parent or guardian with whom the applicant resides, signed in the presence of a representative of the Administration; and
(ii) A valid Maryland license or identification card for proof of the parent or guardians identity and Maryland residence address;
(b) Twenty-one and over:
(i) Written certification of the residence of the person with whom the applicant resides, signed in the presence of a representative of the Administration;
(ii) Documentation to prove the applicant is a dependent of the individual certifying the residency; and
(iii) A valid Maryland license or identification card for proof of identity and Maryland residence address of the person with whom the applicant resides;
(2) If the applicant is a married individual:
(a) A statement from the applicant's adult spouse with whom the applicant resides, signed in the presence of a representative of the Administration; and
(b) A valid Maryland license or identification card for proof of identity and Maryland residence address of the adult spouse with whom the applicant resides;
(c) If last names are different, an original or certified copy of their marriage certificate or tax filings;
(3) If the applicant is a resident of a nursing home, a statement from the nursing home written on the nursing home's letterhead, which shall include:
(a) The applicant's full name and date of birth;
(b) Address of the nursing home;
(c) Name and phone number of the contact person at the home; and
(d) Signature of the nursing home's manager or representative;
(4) If the applicant is an incarcerated individual or former incarcerated individual within 60 days of release:
(a) An Order of Parole;
(b) An Order of Mandatory Release; or
(c) An address certification form issued by the Administration and signed by a designated official of the correctional facility, or other designated official of the Department of Public Safety and Correctional Services or Federal Bureau of Prisons;
(5) If the applicant is a homeless individual, an original letter on letterhead from a homeless shelter, or service provider, which shall include:
(a) A statement that the applicant is homeless;
(b) The address of the shelter or service provider;
(c) The name and phone number of the contact person; and
(d) The signature of the shelter representative or service provider; or
(6) If the applicant is in the care of the Department of Juvenile Service, the Administration may accept an address certification form issued by the Administration and signed by a designated official of the Department of Juvenile Services.
D. The Administration may accept the following documents as proof of identity and date of birth if the applicant is unable to provide the source documents defined under Regulation .04 of this chapter:
(1) Original or certified U.S. adoption records with name and date of birth; or
(2) A United States Passport that has been expired for less than 5 years.
E. If the applicant is 65 years old or older, the Administration may accept the following documents as proof of identity and date of birth if the applicant is unable to provide the source documents defined under Regulation .04 of this chapter:
(1) An original or certified copy of a military discharge document from the military with the applicant's name and date of birth; or
(2) A Social Security Administration Benefits Summary with full name and date of birth included with one of the following:
(a) A hospital birth certificate issued by a hospital in the United States and showing the applicants name and date of birth;
(b) A baptismal certificate issued within the United States and showing the applicants name and date of birth; or
(c) A census record issued by the United States Census Bureau showing the applicants name and date of birth;
(d) A Veterans Identification Card issued by the United States Department of Veterans Affairs showing the applicants name; or
(3) Other documents designated as acceptable by the Administration.
F. If an applicant is incapacitated and physically unable to visit the Administration to apply for an identification card in person, the Administration may complete the application and issuance process by mail if the applicant:
(1) Holds or has held a Maryland license or identification card and there is a usable image and signature of the applicant on file;
(2) Submits certification stating the reason the applicant is physically unable to apply for an identification card in person; and
(3) Submits a completed application and includes any applicable fees.
**History**
- *Administrative History: Effective date: September 7, 1987 (14:18 Md. R. 1967)*
- *Administrative History: Chapter revised effective October 28, 1991 (18:21 Md. R. 2310)*
- *Administrative History: Regulations .01, .02, .04 and .05 amended as an emergency provision effective March 27, 1992 (19:8 Md. R. 802)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 14, 1992 (19:18 Md. R. 1658)*
- *Administrative History: Regulations .03, .04, and .07—.09 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); amended permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2211)*
- *Administrative History: Regulation .04A amended effective December 17, 2007 (34:25 Md. R. 2211)*
- *Administrative History: Regulation .04C amended effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .04D, E amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: Regulation .06A amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.09 repealed and new Regulations .01—.07 adopted effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .01 amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .01A amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .03 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .04 amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .04C, D amended effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .04G amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .05 amended effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .05C amended effective March 21, 2011 (38:6 Md. R. 395); May 2, 2011 (38:9 Md. R. 553); October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05C, D amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .05C, E amended effective September 3, 2012 (39:17 Md. R. 1148)*
- *Administrative History: Regulation .05D amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .06 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .06C amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .06C, D, E adopted effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .07 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .07C, D amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .08 adopted effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Transportation Article, §§12-104(b), 12-301, 16-103.1, 16-104.2, 16-106, 16-115, and 16-121—16-122, Annotated Code of Maryland; 6 CFR 37*
##### **COMAR 11.17.09.06** Renewal or Issuance of a Subsequent License or Identification Card. {#sec-11.17.09.06 omnilex-key=us-md-regs-official--title-11--11.17.09.06}
A. This regulation applies to the issuance of a renewal or subsequent license or identification card.
B. The Administration shall issue an applicant:
(1) A compliant or limited term license or identification card as defined under this chapter; or
(2) A noncompliant license or noncompliant identification card as provided for under Transportation Article, §16-122, Annotated Code of Maryland.
C. The requirement to establish proof of age, full name, identity, lawful status, SSN, and Maryland residency may be waived for the holder of an existing Maryland license or identification card, which is valid or has been expired for less than 1 year, under the following conditions:
(1) For an applicant seeking a compliant driver’s license or identification card, the applicant’s:
(a) Driver’s license or identification card is not a limited term driver’s license or identification card;
(b) Proof of age, full name, identity, lawful status, SSN if applicable, Maryland residency and digital photographic image and signature are on file with the Administration and the applicant provides full name and signature documents acceptable to the Administration;
(c) SSN is verified through the SSA, if applicable; and
(d) Maryland residency address is acceptable to the Administration; or
(2) For an applicant seeking a non-compliant driver’s license or identification card, the applicant’s:
(a) Driver’s license or identification card is not a limited term driver’s license or identification card;
(b) Proof of age, full name, identity, Maryland residency and digital photographic image and signature are on file with the Administration and the applicant provides full name and signature documents acceptable to the Administration; and
(c) Maryland residency address is acceptable to the Administration.
D. An applicant who currently holds a limited term driver's license or identification card, which is valid or has been expired for less than 1 year, applying for a subsequent driver’s license or identification card shall be required to provide:
(1) Proof of identity, if not on file;
(2) Lawful status; and
(3) Valid SSN verified through the SSA or proof of ineligibility for a SSN, if not on file.
E. An applicant who currently holds a noncompliant driver's license or noncompliant identification card, which is valid or has been expired for less than one year, applying for a compliant driver’s license or compliant identification card shall be required to provide:
(1) Proof of identity, if not on file;
(2) Lawful status; and
(3) Valid SSN verified through the SSA or proof of ineligibility for a SSN, if not on file.
**Cross References**
11.17.02.02E
**History**
- *Administrative History: Effective date: September 7, 1987 (14:18 Md. R. 1967)*
- *Administrative History: Chapter revised effective October 28, 1991 (18:21 Md. R. 2310)*
- *Administrative History: Regulations .01, .02, .04 and .05 amended as an emergency provision effective March 27, 1992 (19:8 Md. R. 802)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 14, 1992 (19:18 Md. R. 1658)*
- *Administrative History: Regulations .03, .04, and .07—.09 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); amended permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2211)*
- *Administrative History: Regulation .04A amended effective December 17, 2007 (34:25 Md. R. 2211)*
- *Administrative History: Regulation .04C amended effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .04D, E amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: Regulation .06A amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.09 repealed and new Regulations .01—.07 adopted effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .01 amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .01A amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .03 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .04 amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .04C, D amended effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .04G amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .05 amended effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .05C amended effective March 21, 2011 (38:6 Md. R. 395); May 2, 2011 (38:9 Md. R. 553); October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05C, D amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .05C, E amended effective September 3, 2012 (39:17 Md. R. 1148)*
- *Administrative History: Regulation .05D amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .06 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .06C amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .06C, D, E adopted effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .07 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .07C, D amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .08 adopted effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Transportation Article, §§12-104(b), 12-301, 16-103.1, 16-104.2, 16-106, 16-115, and 16-121—16-122, Annotated Code of Maryland; 6 CFR 37*
##### **COMAR 11.17.09.07** 45 Day Temporary License or Identification Card. {#sec-11.17.09.07 omnilex-key=us-md-regs-official--title-11--11.17.09.07}
A. This regulation applies to the renewal or issuance of a license or identification card.
B. In the event of a SSN non-match with the SSA, the Administration shall issue a 45 day noncompliant license or 45 day identification card only if the Administration has reasonable grounds to determine that the applicant otherwise meets all eligibility requirements for a license or identification card, with the exception of the SSN non-match, as provided for under Transportation Article, §§16-121(c) and 16-122, Annotated Code of Maryland.
C. In the event of any other non-match as provided for under Transportation Article, §§16-121(c), and 16-122, the Administration shall issue a 45 day noncompliant license or 45 day identification card only if the Administration has reasonable grounds to determine that the applicant otherwise meets all eligibility requirements as set forth in Regulation .03 of this chapter for, a license or identification card but for the non-match, as provided for under Transportation Article, §§16-121(c) and 16-122, Annotated Code of Maryland.
D. In the event an applicant is unable to pass a required vision test, the Administration may issue a 45 day temporary license if at the time of testing:
(1) The applicant has a valid un-expired Maryland Driver’s License; and
(2) The Administration has reason to believe the applicant is not a safety hazard.
E. In any other circumstance approved by the Administrator, the Administration may issue a 45 day temporary license or identification card.
**History**
- *Administrative History: Effective date: September 7, 1987 (14:18 Md. R. 1967)*
- *Administrative History: Chapter revised effective October 28, 1991 (18:21 Md. R. 2310)*
- *Administrative History: Regulations .01, .02, .04 and .05 amended as an emergency provision effective March 27, 1992 (19:8 Md. R. 802)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 14, 1992 (19:18 Md. R. 1658)*
- *Administrative History: Regulations .03, .04, and .07—.09 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); amended permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2211)*
- *Administrative History: Regulation .04A amended effective December 17, 2007 (34:25 Md. R. 2211)*
- *Administrative History: Regulation .04C amended effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .04D, E amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: Regulation .06A amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.09 repealed and new Regulations .01—.07 adopted effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .01 amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .01A amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .03 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .04 amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .04C, D amended effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .04G amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .05 amended effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .05C amended effective March 21, 2011 (38:6 Md. R. 395); May 2, 2011 (38:9 Md. R. 553); October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05C, D amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .05C, E amended effective September 3, 2012 (39:17 Md. R. 1148)*
- *Administrative History: Regulation .05D amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .06 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .06C amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .06C, D, E adopted effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .07 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .07C, D amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .08 adopted effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Transportation Article, §§12-104(b), 12-301, 16-103.1, 16-104.2, 16-106, 16-115, and 16-121—16-122, Annotated Code of Maryland; 6 CFR 37*
##### **COMAR 11.17.09.08** Two-Year Temporary License or Identification Card Renewal. {#sec-11.17.09.08 omnilex-key=us-md-regs-official--title-11--11.17.09.08}
A. This regulation applies to a temporary 2-year renewal of a license or identification card.
B. The Administration may issue a temporary license or identification card in accordance with Transportation Article, §12-301 or 16-115, Annotated Code of Maryland, for a period not to exceed 2 years if the individual:
(1) Holds or previously held a valid Maryland license or ID card;
(2) Is Real-ID compliant;
(3) Has made application to renew the license or ID card;
(4) Certifies under penalty of perjury that the information provided in the application is true and correct;
(5) Pays the required prorated fee for issuance as set for in COMAR 11.11.05; and
(6) Presents one of the following documents:
(a) A military ID, orders, or other proof of active duty;
(b) An employment card for nonmilitary government;
(c) A school transcript, letter of assignment, or other enrollment proof; or
(d) A certified statement on the form developed by the Administration.
C. The Administration may not issue a temporary license or ID card if the applicant holds or previously held a:
(1) License or ID card that has been expired for more than 1 year; or
(2) Temporary lawful status license or ID card.
D. Exceptions. The requirement under §B(6) of this regulation may be waived for an applicant in the event of the following:
(1) An officially declared State of Emergency; or
(2) Any other situation if the Administration considers it necessary.
**History**
- *Administrative History: Effective date: September 7, 1987 (14:18 Md. R. 1967)*
- *Administrative History: Chapter revised effective October 28, 1991 (18:21 Md. R. 2310)*
- *Administrative History: Regulations .01, .02, .04 and .05 amended as an emergency provision effective March 27, 1992 (19:8 Md. R. 802)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 14, 1992 (19:18 Md. R. 1658)*
- *Administrative History: Regulations .03, .04, and .07—.09 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); amended permanently effective September 22, 1997 (24:19 Md. R. 1342)*
- *Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2211)*
- *Administrative History: Regulation .04A amended effective December 17, 2007 (34:25 Md. R. 2211)*
- *Administrative History: Regulation .04C amended effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .04D, E amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: Regulation .06A amended effective January 29, 2007 (34:2 Md. R. 138)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.09 repealed and new Regulations .01—.07 adopted effective November 2, 2009 (36:22 Md. R. 1724)*
- *Administrative History: Regulation .01 amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .01A amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .02B amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .03 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .04 amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .04C, D amended effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .04G amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .05 amended effective December 17, 2018 (45:25 Md. R. 1206)*
- *Administrative History: Regulation .05C amended effective March 21, 2011 (38:6 Md. R. 395); May 2, 2011 (38:9 Md. R. 553); October 16, 2023 (50:20 Md. R. 888)*
- *Administrative History: Regulation .05C, D amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .05C, E amended effective September 3, 2012 (39:17 Md. R. 1148)*
- *Administrative History: Regulation .05D amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .06 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .06C amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .06C, D, E adopted effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .07 amended effective June 26, 2017 (44:11 Md. R. 525)*
- *Administrative History: Regulation .07C, D amended effective March 12, 2018 (45:5 Md. R. 286)*
- *Administrative History: Regulation .08 adopted effective January 23, 2023 (50:1 Md. R. 8)*
- *Authority: Transportation Article, §§12-104(b), 12-301, 16-103.1, 16-104.2, 16-106, 16-115, and 16-121—16-122, Annotated Code of Maryland; 6 CFR 37*
##### **COMAR 11.17.10** Drivers' Records [Repealed] {#sec-11.17.10 omnilex-key=us-md-regs-official--title-11--11.17.10}
**History**
- *Administrative History: Effective date: October 5, 1987 (14:20 Md. R. 2143)*
- *Administrative History: Regulation .02 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed effective October 15, 2012 (39:20 Md. R. 1307)*
## **11.17.11** Unauthorized Additions to Driver's License, Permit, or Photo Identification Card
##### **COMAR 11.17.11.01** Definitions. {#sec-11.17.11.01 omnilex-key=us-md-regs-official--title-11--11.17.11.01}
A. “Administration” means the Motor Vehicle Administration.
B. “Donor designation” means the Motor Vehicle Administration's official issued decal designating that a donor certification is on file with the Administration, authorizing legal removal of needed body organs upon death.
C. “Unauthorized addition” means any bar code, designation, or sticker not duly authorized by the Administration.
**History**
- *Administrative History: Effective date: January 12, 1987 (14:1 Md. R. 32)*
- *Administrative History: Regulation .01B, C amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02C adopted effective May 2, 2011 (38:9 Md. R. 553)*
- *Authority: Transportation Article, §§12-104(b), 16-206(a)(iii), and 16-301, Annotated Code of Maryland*
##### **COMAR 11.17.11.02** Unauthorized Additions Prohibited. {#sec-11.17.11.02 omnilex-key=us-md-regs-official--title-11--11.17.11.02}
A. A license, permit, or identification card holder may not affix, or have affixed, to the driver's license, permit, or identification card, any unauthorized addition.
B. Presentation or possession of a driver's license, permit or identification card having an unauthorized addition is in violation of Transportation Article, §16-206(a)(iii), Annotated Code of Maryland.
C. Donor Designation. Donor designation, as authorized and issued by the Administration, shall be indicated on a driver's license, permit, or identification card.
**History**
- *Administrative History: Effective date: January 12, 1987 (14:1 Md. R. 32)*
- *Administrative History: Regulation .01B, C amended effective May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulation .02C adopted effective May 2, 2011 (38:9 Md. R. 553)*
- *Authority: Transportation Article, §§12-104(b), 16-206(a)(iii), and 16-301, Annotated Code of Maryland*
##### **COMAR 11.17.12** Social Security Number [Repealed] {#sec-11.17.12 omnilex-key=us-md-regs-official--title-11--11.17.12}
**History**
- *Administrative History: Effective date: March 7, 1988 (15:5 Md. R. 622)*
- *Administrative History: Regulation .01B amended effective June 23, 2003 (30:12 Md. R. 788); May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: Regulations .02—.04 amended as an emergency provision effective March 27, 1992 (19:8 Md. R. 803)*
- *Administrative History: Regulations .02—.04 amended effective September 14, 1992 (19:18 Md. R. 1658)*
- *Administrative History: Regulation .02 amended effective June 23, 2003 (30:12 Md. R. 788)*
- *Administrative History: Regulation .03A amended effective June 23, 2003 (30:12 Md. R. 788); May 2, 2011 (38:9 Md. R. 553)*
- *Administrative History: ——————*
- *Administrative History: Chapter repealed effective March 12, 2018 (45:5 Md. R. 286)*
## **11.17.13** Point System: Definition of Moving Violation and Assessment of Points
##### **COMAR 11.17.13.01** Definition. {#sec-11.17.13.01 omnilex-key=us-md-regs-official--title-11--11.17.13.01}
“Moving violation” means a conviction of any of the sections of Transportation Article, Title 21, Annotated Code of Maryland, which are listed in Regulation .02 of this chapter. This definition is for the purpose of administering the Transportation Article, §16-402(a)(1), Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: February 6, 1989 (16:2 Md. R. 161)*
- *Administrative History: Regulation .01 amended effective April 20, 1998 (25:8 Md. R. 596)*
- *Administrative History: Regulation .02B amended effective September 16, 1991 (18:18 Md. R. 2007); March 30, 1992 (19:6 Md. R. 675); April 20, 1998 (25:8 Md. R. 596); August 23, 1999 (26:17 Md. R. 1325); June 12, 2000 (27:11 Md. R. 1078); October 1, 2005 (32:18 Md. R. 1520); October 1, 2009 (36:19 Md. R. 1437); October 18, 2010 (37:21 Md. R. 1436); October 19, 2020 (47:21 Md. R. 904); August 21, 2023 (50:16 Md. R. 726)*
- *Authority: Transportation Article, §§12-104(b) and 16-402, Annotated Code of Maryland*
##### **COMAR 11.17.13.02** Assessment of Points. {#sec-11.17.13.02 omnilex-key=us-md-regs-official--title-11--11.17.13.02}
A. One point shall be assessed against an individual convicted of the following sections of the Transportation Article, Annotated Code of Maryland, except that there shall be a three point assessment for any moving violation which contributes to an accident.
B. Section — Moving Violation.
(1) 13-919(g) — Operating dump truck vehicle in excess of speed limits
(2) 21-103 — Willfully disobeying order/direction/summons of officer
(3) 21-106 — Unsafe operation of emergency vehicle
(4) 21-201 — Failure to obey instructions of traffic control device
(5) 21-202(c), (e), (k) — Failure to yield right-of-way
(6) 21-204 — Failure to obey a flashing traffic signal
(7) 21-204.1 — Failure to obey a lane direction control signal
(8) 21-207 — Failure to yield right-of-way to a funeral procession
(9) 21-301 — Driving across center line/failure to drive on right side of roadway
(10) 21-302 — Failure to drive on extreme right side of roadway
(11) 21-303 — Improper passing/failure to permit vehicle to pass
(12) 21-304 — Passing on the right when not permitted
(13) 21-305 — Driving to the left of center of road where prohibited
(14) 21-307 — Driving to the left in a no passing zone
(15) 21-308 — Failure to drive in a designated direction on one-way roadway
(16) 21-309 — Failure to drive on roadway in designated lane
(17) 21-311 — Driving improperly on divided highway
(18) 21-312 — Unauthorized entering/leaving controlled access highway
(19) 21-313 — Driving on controlled access highway when prohibited
(20) 21-401 — Failure to yield right-of-way at intersection
(21) 21-401.1 — Failure to yield right-of-way at T intersection
(22) 21-402 — Failure to yield right-of-way when making a left or U-turn
(23) 21-403 — Failure to stop/yield at intersection/turn on highway
(24) 21-404 — Failure to stop/yield right-of-way when entering highway
(25) 21-404.1 — Entering highway from crossover without yielding right-of-way
(26) 21-405(e)(1) — Failure to make required lane change for stopped emergency vehicle
(27) 21-405(e)(2) — Failure to slow to reasonable speed while passing stopped emergency vehicle
(28) 21-502(a)(c) — Failure to stop/pedestrian crossing in crosswalk
(29) 21-504 — Failure to exercise due care for pedestrian
(30) 21-508 — Driving through in a safety zone
(31) 21-601 — Using improper position/method when making a turn
(32) 21-602 — Making a U-turn on curve/crest of a grade where prohibited
(33) 21-603 — Start/move vehicle unsafely without giving adequate signal
(34) 21-604 — Unauthorized turning/slowing/stopping without required signal
(35) 21-605 — Failure to use hand/arm signal/signal lamp when required
(36) 21-606 — Improper hand/arm signal to stop/turn/decrease speed
(37) 21-701 — Failure to stop and proceed safely to railroad grade crossing
(38) 21-702 — Failure to obey stop sign at railroad grade crossing
(39) 21-703 — Failure to stop at railroad crossing when carrying passenger/cargo
(40) 21-704 — Driving/moving heavy equipment vehicles on/across railroad crossing
(41) 21-705 — Entering/emerging from alley/driveway/building without stopping
(42) 21-707 — Failure to stop at stop sign/yield at yield sign
(43) 21-708 — Failure to stop for livestock at livestock crossing
(44) 21-801 — Exceeding speed limit/failure to reduce speed when required
(45) 21-801(a) — Driving at a speed not reasonable and prudent
(46) 21-801.1 — Exceeding maximum speed limit by 19 miles per hour
(47) 21-802.1 — Exceeding maximum speed limit by 19 miles per hour in a highway work zone
(48) 21-803.1 — Exceeding maximum speed limit by 19 miles per hour in a school zone
(49) 21-804 — Driving below minimum posted speed limit
(50) 21-804(c) — Driving limited speed vehicle on prohibited highway
(51) 21-805 — Driving without/unauthorized use of slow moving vehicle emblem
(52) 21-805.1(a) — Driving without/unauthorized use of limited speed vehicle emblem
(53) 21-806 — Driving school vehicle with passengers in excess of 45 miles per hour
(54) 21-901.1(b) — Driving motor vehicle in a negligent manner
(55) 21-903 — Driving motor vehicle on highway while consuming alcoholic beverage
(56) 21-1101 — Stop/park/leave vehicle unattended without removing key/setting brake
(57) 21-1102 — Unsafe backing of motor vehicle
(58) 21-1103 — Driving a motor vehicle on a sidewalk
(59) 21-1104 — Driving a vehicle with view obstructed/not in control
(60) 21-1105 — Open/fail to close vehicle door when unsafe
(61) 21-1106 — Permit/occupy mobile home while being towed on highway
(62) 21-1108 — Coasting downgrade in neutral with clutch disengaged
(63) 21-1109 — Following within 500 feet/parking within 300 feet of fire apparatus
(64) 21-1110 — Driving over unprotected fire hose without consent of fire department
(65) 21-1117 — Driving in improper manner to cause skidding/spinning wheels/noise
(66) 21-1118 — Failure to comply with school vehicle regulations
(67) 21-1119 — Driving/attempting to drive snow emergency route without snow tires/chains
(68) 21-1120 — Driving a vehicle while wearing headset/earphones/earplugs on/in both ears
(69) 21-1123 — Driving a vehicle on a highway with unauthorized passengers
(70) 21-1124 — Use of a wireless communication device while operating a motor vehicle
(71) 21-1124.1 — Use of a text messaging device while operating a motor vehicle
(72) 21-1124.2(c)(1) — Second or subsequent offense of using handheld telephone while operating a Class H vehicle with passengers
(73) 21-1124.2(c)(2) — Second or subsequent offense of using handheld telephone while licensed with a learner's permit or provisional driver's license
(74) 21-1124.2(d)(2) — Second or subsequent offense of using handheld telephone while vehicle is in motion
(75) 21-1125 — Operating a low speed vehicle on unauthorized roadway/highway
(76) 21-1129 — Driving while operating unauthorized television/video equipment visible to the driver
(77) 21-1132(d) — Exhibition driving in a special event zone
(78) 21-1132(e)(1) — Exceeding the maximum speed limit by 1—9 miles per hour in a special event zone
(79) 21-1132(e)(2) — Driving a motor vehicle in a negligent manner in a special event zone
(80) 21-1132(e)(5) — Driving in an improper manner to cause skidding/spinning wheels/noise in a special event zone
(81) 21-1133(a) — Unauthorized vehicle driving in dedicated bus lane
(82) 21-1209(a)(1) — Failure to exercise due care for a bicycle, EPAMD, or motor scooter
(83) 21-1209(a)(2) — Failure to provide minimum 3-foot distance when passing a bicycle/EPAMD/motor scooter
(84) 21-1209(d) — Failure to yield right of way to a bicycle/EPAMD/motor scooter in designated bike lane or shoulder
(85) 21-1302 — Improper riding/transporting person/articles on motorcycle
(86) 21-1303 — Improper operation of motorcycle on laned highway
(87) 21-1303.1(a) — Operating on unauthorized roadway/improper horsepower motorcycle
(88) 21-1304 — Riding motorcycle while attached to another vehicle
(89) 21-1404 — Failure to obey sign/signal/order direction at vehicle crossing
(90) 21-1408 — Making a prohibited turn on vehicular crossing/crossover
(91) 21-1409 — Failure to maintain posted minimum speed on a vehicular crossing
(92) 21-1410 — Driving vehicle exceeding height/weight/width on vehicular crossing
(93) 21-1412 — Violating special provisions while driving through tunnel
C. Other violations shall be assessed the point value as prescribed in the Transportation Article, Annotated Code of Maryland.
**Cross References**
11.17.13.01
**History**
- *Administrative History: Effective date: February 6, 1989 (16:2 Md. R. 161)*
- *Administrative History: Regulation .01 amended effective April 20, 1998 (25:8 Md. R. 596)*
- *Administrative History: Regulation .02B amended effective September 16, 1991 (18:18 Md. R. 2007); March 30, 1992 (19:6 Md. R. 675); April 20, 1998 (25:8 Md. R. 596); August 23, 1999 (26:17 Md. R. 1325); June 12, 2000 (27:11 Md. R. 1078); October 1, 2005 (32:18 Md. R. 1520); October 1, 2009 (36:19 Md. R. 1437); October 18, 2010 (37:21 Md. R. 1436); October 19, 2020 (47:21 Md. R. 904); August 21, 2023 (50:16 Md. R. 726)*
- *Authority: Transportation Article, §§12-104(b) and 16-402, Annotated Code of Maryland*
## **11.17.14** Driver Knowledge and Skills Tests
##### **COMAR 11.17.14.01** Purpose. {#sec-11.17.14.01 omnilex-key=us-md-regs-official--title-11--11.17.14.01}
The purpose of these regulations is to establish uniform procedures for the:
A. Administration of driver's license skills and knowledge tests; and
B. Establishment of waiver criteria for commercial driver's license skills tests.
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .02B amended effective August 1, 1994 (21:15 Md. R. 1307); August 28, 1995 (22:17 Md. R. 1320); June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .02B amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .02B amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .04 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05E amended effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .05H adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .06 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .06D amended effective July 8, 1991 (18:13 Md. R. 1483); January 20, 2025 (52:1 Md. R. 18)*
- *Administrative History: Regulation .06F, G, H adopted as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .06F, G adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .07 amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulation .07E amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulation .07G amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08 repealed and new Regulations .08 and .08-1 adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .08A amended effective July 8, 1991 (18:13 Md. R. 1483); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08C amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .08C amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .09 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .09 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09B amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulations .10—.14 adopted effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .11A, B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .11B amended as an emergency provision effective August 12, 2014 (41:18 Md. R. 1008); amended permanently effective November 24, 2014 (41:23 Md. R.1374)*
- *Administrative History: Regulation .13B amended effective October 1, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .12 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .14 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .14 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Authority: Transportation Article, §§11-109, 12-104(b), 16-105, 16-110, and 16-807, Annotated Code of Maryland;49 CFR §§383.123 and 383.77*
##### **COMAR 11.17.14.02** Definitions. {#sec-11.17.14.02 omnilex-key=us-md-regs-official--title-11--11.17.14.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Air brakes” means any braking system operating fully or partially on the air brake principle.
(3) “Alternative test” means a knowledge test that is given orally either by an individual or in which an electronic oral test is presented to the applicant.
(4) “Class A combination” means a combination of vehicles with a GVWR of 26,001 or more pounds provided the GCWR of the vehicle or vehicles being towed is in excess of 10,000 pounds.
(5) “Class F (tractor)” means a truck tractor or farm truck tractor used for propelling, supporting, or drawing a trailer or semitrailer.
(6) “Class G (trailer)” means a freight or nonfreight trailer or semitrailer over 10,000 pounds GVWR designed to be pulled by a Class F (tractor).
(7) “Combination vehicle knowledge test” means the test which the Administration has established as a means of testing the knowledge of an applicant for a license which authorizes driving Class A combinations.
(8) “Commercial driver's license (CDL)” has the meaning stated in Transportation Article, §11-109, Annotated Code of Maryland.
(9) “Commercial motor vehicle (CMV)” has the meaning stated in Transportation Article, §16-803, Annotated Code of Maryland.
(10) “Conviction” has the meaning stated in Transportation Article, §16-803, Annotated Code of Maryland.
(11) “Double/triple trailer endorsement” means a State-issued endorsement which authorizes the licensee to drive combinations of two or more trailers or semitrailers.
(12) “Gross vehicle weight rating (GVWR)” and “gross combination weight rating (GCWR)” have the meaning stated in Transportation Article, §16-803, Annotated Code of Maryland.
(13) “HAZMAT endorsement” and “hazardous materials endorsement” means a State-issued endorsement which authorizes the licensee to drive vehicles which are required to be placarded under Federal Hazardous Materials Regulations, 49 CFR Part 172, Subpart F.
(14) “Knowledge test” means a written, electronic, or oral test which is administered to any driver’s license applicant.
(15) “Passenger transport endorsement” means a State-issued endorsement which authorizes the licensee to drive vehicles which are intended to transport 16 or more passengers, including the driver.
(16) “Passenger transport vehicle” means a vehicle which is designed to transport 16 or more passengers, including the driver.
(17) “Physical qualifications” means the physical qualifications specified by:
(a) 49 CFR §391.11, which is incorporated by reference, for interstate operations;
(b) COMAR 11.21.01, for intrastate operations; or
(c) COMAR 11.19.05, for school vehicle operations.
(18) “Regularly employed” means currently employed, or having been employed, during the preceding 2 years in a job requiring operation of a commercial motor vehicle of the equivalent class.
(19) “School vehicle” has the meaning stated in Transportation Article, §11-154, Annotated Code of Maryland.
(20) “School vehicle endorsement” means a State-issued endorsement for a license to operate a school vehicle issued under Transportation Article, §16-815, Annotated Code of Maryland, and in accordance with 49 CFR §383.123.
(21) “School vehicle knowledge test” means a test that meets the knowledge test requirements of 49 CFR §383.123 for a school vehicle endorsement administered by the Administration to an applicant for a commercial driver's license school vehicle endorsement.
(22) “Skills log” means a formal document with a certification page issued by the Administration to certify that a minimum of 40 hours of practice driving beyond the required driver's education course was accomplished by a noncommercial Type I Learner's Instructional Permit holder.
(23) “Skills test” means a driving test given to assess an applicant's ability to drive motor vehicles of a specific class.
(24) “State” has the meaning stated in Transportation Article, §11-161, Annotated Code of Maryland.
(25) “Tank vehicle” has the meaning stated in Transportation Article, §16-803, Annotated Code of Maryland.
(26) “Tanker endorsement” means a State-issued endorsement which authorizes the licensee to drive or tow tank vehicles.
(27) “Tillerman” means the second (rear) driver for the pivotable rear wheels of an articulated vehicle.
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .02B amended effective August 1, 1994 (21:15 Md. R. 1307); August 28, 1995 (22:17 Md. R. 1320); June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .02B amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .02B amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .04 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05E amended effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .05H adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .06 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .06D amended effective July 8, 1991 (18:13 Md. R. 1483); January 20, 2025 (52:1 Md. R. 18)*
- *Administrative History: Regulation .06F, G, H adopted as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .06F, G adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .07 amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulation .07E amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulation .07G amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08 repealed and new Regulations .08 and .08-1 adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .08A amended effective July 8, 1991 (18:13 Md. R. 1483); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08C amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .08C amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .09 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .09 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09B amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulations .10—.14 adopted effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .11A, B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .11B amended as an emergency provision effective August 12, 2014 (41:18 Md. R. 1008); amended permanently effective November 24, 2014 (41:23 Md. R.1374)*
- *Administrative History: Regulation .13B amended effective October 1, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .12 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .14 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .14 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Authority: Transportation Article, §§11-109, 12-104(b), 16-105, 16-110, and 16-807, Annotated Code of Maryland;49 CFR §§383.123 and 383.77*
##### **COMAR 11.17.14.03** Application — Repealed. {#sec-11.17.14.03 omnilex-key=us-md-regs-official--title-11--11.17.14.03}
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .02B amended effective August 1, 1994 (21:15 Md. R. 1307); August 28, 1995 (22:17 Md. R. 1320); June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .02B amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .02B amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .04 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05E amended effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .05H adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .06 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .06D amended effective July 8, 1991 (18:13 Md. R. 1483); January 20, 2025 (52:1 Md. R. 18)*
- *Administrative History: Regulation .06F, G, H adopted as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .06F, G adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .07 amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulation .07E amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulation .07G amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08 repealed and new Regulations .08 and .08-1 adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .08A amended effective July 8, 1991 (18:13 Md. R. 1483); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08C amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .08C amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .09 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .09 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09B amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulations .10—.14 adopted effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .11A, B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .11B amended as an emergency provision effective August 12, 2014 (41:18 Md. R. 1008); amended permanently effective November 24, 2014 (41:23 Md. R.1374)*
- *Administrative History: Regulation .13B amended effective October 1, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .12 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .14 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .14 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Authority: Transportation Article, §§11-109, 12-104(b), 16-105, 16-110, and 16-807, Annotated Code of Maryland;49 CFR §§383.123 and 383.77*
##### **COMAR 11.17.14.04** Maryland Knowledge Test. {#sec-11.17.14.04 omnilex-key=us-md-regs-official--title-11--11.17.14.04}
A driver’s license applicant is required to pass the Maryland knowledge test, except a holder of a valid Maryland driver’s license, a holder of Maryland driver’s license that has not been expired for more than 1 year, or a valid out-of-State driver’s license.
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .02B amended effective August 1, 1994 (21:15 Md. R. 1307); August 28, 1995 (22:17 Md. R. 1320); June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .02B amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .02B amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .04 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05E amended effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .05H adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .06 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .06D amended effective July 8, 1991 (18:13 Md. R. 1483); January 20, 2025 (52:1 Md. R. 18)*
- *Administrative History: Regulation .06F, G, H adopted as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .06F, G adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .07 amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulation .07E amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulation .07G amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08 repealed and new Regulations .08 and .08-1 adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .08A amended effective July 8, 1991 (18:13 Md. R. 1483); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08C amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .08C amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .09 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .09 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09B amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulations .10—.14 adopted effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .11A, B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .11B amended as an emergency provision effective August 12, 2014 (41:18 Md. R. 1008); amended permanently effective November 24, 2014 (41:23 Md. R.1374)*
- *Administrative History: Regulation .13B amended effective October 1, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .12 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .14 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .14 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Authority: Transportation Article, §§11-109, 12-104(b), 16-105, 16-110, and 16-807, Annotated Code of Maryland;49 CFR §§383.123 and 383.77*
##### **COMAR 11.17.14.05** Commercial Driver's License Knowledge Tests. {#sec-11.17.14.05 omnilex-key=us-md-regs-official--title-11--11.17.14.05}
A. An applicant for a commercial driver's license is required to pass the commercial driver's license general knowledge test except:
(1) A Maryland commercial driver's license renewal applicant;
(2) A holder of a valid Maryland commercial driver's license who is applying for another class of commercial driver's license; and
(3) An applicant who is transferring a valid commercial driver's license, issued by another state, to a Maryland commercial driver's license.
B. A Class A commercial driver's license applicant is required to pass the commercial driver's license combination vehicle knowledge test, except:
(1) A Maryland Class A commercial driver's license renewal applicant; and
(2) An applicant who is transferring a valid Class A commercial driver's license, issued by another state, to a Maryland commercial driver's license.
C. An applicant for a double/triple endorsement is required to pass the commercial driver's license double/triple knowledge test, except:
(1) A Maryland Class A commercial driver's license renewal applicant with an existing double/triple endorsement; and
(2) An applicant who is transferring a valid Class A commercial driver's license with a double/triple endorsement, issued by another state, to a Maryland commercial driver's license.
D. An applicant for a tanker endorsement is required to pass the commercial driver's license tanker knowledge test, except:
(1) A Maryland commercial driver's license renewal applicant with an existing tanker endorsement; and
(2) An applicant who is transferring a commercial driver's license with a tanker endorsement issued by another state to a Maryland commercial driver's license.
E. Hazardous Materials Endorsement.
(1) An applicant for a hazardous materials endorsement is required to pass the hazardous materials knowledge test, except for existing commercial driver's license holders who are applying for a corrected or duplicate commercial driver's license.
(2) An applicant for the renewal or transfer of a commercial driver's license with a hazardous materials endorsement is required to pass the hazardous materials knowledge test regardless of the length of time the applicant has had a hazardous materials endorsement.
F. An applicant for a passenger transport endorsement is required to pass the commercial driver's license passenger transport knowledge test, except:
(1) A Maryland commercial driver's license renewal applicant with an existing passenger transport endorsement; and
(2) An applicant who is transferring a valid commercial driver's license with a passenger transport endorsement, issued by another state, to a Maryland commercial driver's license.
G. An applicant who wishes to drive a commercial motor vehicle equipped with air brakes is required to pass the commercial driver's license air brakes knowledge test, except:
(1) A Maryland commercial driver's license renewal applicant who has previously passed the test in this section; and
(2) An applicant who is transferring a valid commercial driver's license without an air brake restriction, issued by another state, to a Maryland commercial driver's license.
H. School Vehicle Endorsement.
(1) An applicant for a commercial driver's license with a school vehicle endorsement is required to pass the school vehicle knowledge test.
(2) An applicant for the renewal, upgrade, or transfer of a commercial driver's license with a school vehicle endorsement is required to pass the school vehicle knowledge test regardless of the length of time the applicant has had a school vehicle endorsement, except:
(a) An applicant for the renewal or upgrade of a commercial driver's license with a school vehicle endorsement who has previously passed the school vehicle knowledge test; and
(b) An applicant renewing a commercial driver's license with a school vehicle endorsement issued before September 30, 2006, provided the applicant passes the school vehicle knowledge test before September 30, 2006.
(3) A school vehicle endorsement held by a commercial driver's licensee who has not passed the school vehicle knowledge test shall be cancelled without further action by the Administration at 12:01 a.m. on September 30, 2006.
(4) Cancellation of the school vehicle endorsement does not affect the validity of the commercial driver's license or any other endorsement.
(5) All applicants for a commercial driver's license with a school vehicle endorsement shall also meet the requirements for a passenger transport endorsement before the issuance of a school vehicle endorsement.
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .02B amended effective August 1, 1994 (21:15 Md. R. 1307); August 28, 1995 (22:17 Md. R. 1320); June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .02B amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .02B amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .04 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05E amended effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .05H adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .06 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .06D amended effective July 8, 1991 (18:13 Md. R. 1483); January 20, 2025 (52:1 Md. R. 18)*
- *Administrative History: Regulation .06F, G, H adopted as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .06F, G adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .07 amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulation .07E amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulation .07G amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08 repealed and new Regulations .08 and .08-1 adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .08A amended effective July 8, 1991 (18:13 Md. R. 1483); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08C amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .08C amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .09 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .09 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09B amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulations .10—.14 adopted effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .11A, B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .11B amended as an emergency provision effective August 12, 2014 (41:18 Md. R. 1008); amended permanently effective November 24, 2014 (41:23 Md. R.1374)*
- *Administrative History: Regulation .13B amended effective October 1, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .12 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .14 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .14 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Authority: Transportation Article, §§11-109, 12-104(b), 16-105, 16-110, and 16-807, Annotated Code of Maryland;49 CFR §§383.123 and 383.77*
##### **COMAR 11.17.14.06** Administration of Commercial Driver's License Knowledge Tests. {#sec-11.17.14.06 omnilex-key=us-md-regs-official--title-11--11.17.14.06}
A. The Administration may offer Maryland commercial driver’s license knowledge tests in written, electronic, or alternative formats.
B. An applicant also shall be required to demonstrate the ability to read and understand highway signs regulating, warning, and directing traffic in English.
C. The passing score on all commercial driver's license knowledge tests is 80 percent.
D. The Administration shall offer the commercial driver’s license hazardous material knowledge test in a written or electronic format only.
E. An applicant for a school vehicle endorsement, and an applicant surrendering a valid commercial driver's license with a school vehicle endorsement issued by another state, for a Maryland commercial driver's license, shall pass the commercial driver's license knowledge tests for:
(1) Passenger transport; and
(2) School vehicles.
F. In addition to taking and passing the commercial driver's knowledge tests, an individual shall take and pass specialized tests to qualify for an endorsement to operate the following types of vehicles:
(1) Double or triple trailers;
(2) Passenger vehicles;
(3) Tank vehicles;
(4) Vehicles transporting hazardous materials as defined in 49 CFR §383.5; and
(5) School vehicles.
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .02B amended effective August 1, 1994 (21:15 Md. R. 1307); August 28, 1995 (22:17 Md. R. 1320); June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .02B amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .02B amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .04 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05E amended effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .05H adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .06 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .06D amended effective July 8, 1991 (18:13 Md. R. 1483); January 20, 2025 (52:1 Md. R. 18)*
- *Administrative History: Regulation .06F, G, H adopted as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .06F, G adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .07 amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulation .07E amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulation .07G amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08 repealed and new Regulations .08 and .08-1 adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .08A amended effective July 8, 1991 (18:13 Md. R. 1483); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08C amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .08C amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .09 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .09 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09B amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulations .10—.14 adopted effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .11A, B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .11B amended as an emergency provision effective August 12, 2014 (41:18 Md. R. 1008); amended permanently effective November 24, 2014 (41:23 Md. R.1374)*
- *Administrative History: Regulation .13B amended effective October 1, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .12 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .14 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .14 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Authority: Transportation Article, §§11-109, 12-104(b), 16-105, 16-110, and 16-807, Annotated Code of Maryland;49 CFR §§383.123 and 383.77*
##### **COMAR 11.17.14.07** Commercial Driver's License Skills Tests. {#sec-11.17.14.07 omnilex-key=us-md-regs-official--title-11--11.17.14.07}
A. The commercial driver's license skills test is a three-part test established by the Administration to certify the driving skills necessary for operation of a commercial motor vehicle. The test consists of a:
(1) Pretrip inspection;
(2) Basic skills test; and
(3) Road test.
B. A commercial driver's license applicant is required to pass the commercial driver's license skills test in the order specified in §A of this regulation, except:
(1) An out-of-State applicant with a valid commercial driver's license who is transferring to a Maryland commercial driver's license of the same class;
(2) A Maryland commercial driver's license renewal applicant; and
(3) An applicant who qualifies for a waiver of skills test as defined in Regulation .08 of this chapter.
C. A skills test applicant shall provide an appropriate vehicle for the skills test purposes.
D. A skills test applicant shall pay the skills test fee as set forth in COMAR 11.11.05.
E. Failure of the pretrip inspection is considered a failure of a skills test for purposes of the skills retest fee set forth in COMAR 11.11.05.
F. An appointment is required for the CDL skills test.
G. An applicant who fails to arrive ready for testing with 15 minutes of the scheduled appointment shall be denied testing and must pay the retest fee set forth in COMAR 11.11.05 before scheduling the next appointment.
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .02B amended effective August 1, 1994 (21:15 Md. R. 1307); August 28, 1995 (22:17 Md. R. 1320); June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .02B amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .02B amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .04 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05E amended effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .05H adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .06 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .06D amended effective July 8, 1991 (18:13 Md. R. 1483); January 20, 2025 (52:1 Md. R. 18)*
- *Administrative History: Regulation .06F, G, H adopted as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .06F, G adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .07 amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulation .07E amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulation .07G amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08 repealed and new Regulations .08 and .08-1 adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .08A amended effective July 8, 1991 (18:13 Md. R. 1483); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08C amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .08C amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .09 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .09 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09B amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulations .10—.14 adopted effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .11A, B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .11B amended as an emergency provision effective August 12, 2014 (41:18 Md. R. 1008); amended permanently effective November 24, 2014 (41:23 Md. R.1374)*
- *Administrative History: Regulation .13B amended effective October 1, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .12 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .14 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .14 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Authority: Transportation Article, §§11-109, 12-104(b), 16-105, 16-110, and 16-807, Annotated Code of Maryland;49 CFR §§383.123 and 383.77*
##### **COMAR 11.17.14.08** Waiver of Commercial Driver's License Skills Test. {#sec-11.17.14.08 omnilex-key=us-md-regs-official--title-11--11.17.14.08}
A. The Administration may waive the commercial driver's license skills test for an applicant who is:
(1) Renewing a Maryland commercial driver’s license not expired over 1 year;
(2) Transferring a valid out-of-State commercial driver's license to a Maryland commercial driver's license; or
(3) Converting a noncommercial Class C license or out-of-State equivalent license to a Maryland Class C commercial driver's license without a passenger endorsement.
B. An individual converting a commercial Class C license or an individual with an out-of-State equivalent license may obtain a commercial Class C driver's license with:
(1) No endorsement;
(2) A hazardous materials endorsement;
(3) A tanker endorsement; or
(4) Any combination of §B(1)—(3) of this regulation.
C. The commercial driver's license skills test may be waived if the applicant:
(1) Submits a commercial driver's license skills test waiver supplied by the Administration, certifying that during a 2-year period immediately before applying for a commercial driver's license, the applicant has not had;
(a) More than one license;
(b) A driving privilege or license suspended, revoked, canceled, or disqualified;
(c) A conviction for any type of motor vehicle violation of a disqualifying offense contained in Table 1 under 49 CFR §383.51(b);
(d) More than one conviction for any type of motor vehicle serious traffic violation contained in Table 2 under 49 CFR §383.51(c);
(e) A conviction for a violation of State or local law relating to motor vehicle traffic control, other than parking, arising in connection with any traffic accident; or
(f) A record of an accident in which the applicant was at fault; and
(2) Provides evidence and certifies that the applicant is regularly employed in a job requiring operation of a commercial motor vehicle, and that either the applicant has:
(a) Previously taken and passed a skills test given by a state with a classified licensing and testing system, and that the test was behind the wheel in a representative vehicle for that applicant's driver's license classification, or
(b) Operated, for at least 2 years immediately preceding application for a commercial driver's license, a vehicle representative of the commercial motor vehicle the driver applicant operates or expects to operate.
**Cross References**
11.17.14.07B(3)
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .02B amended effective August 1, 1994 (21:15 Md. R. 1307); August 28, 1995 (22:17 Md. R. 1320); June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .02B amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .02B amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .04 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05E amended effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .05H adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .06 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .06D amended effective July 8, 1991 (18:13 Md. R. 1483); January 20, 2025 (52:1 Md. R. 18)*
- *Administrative History: Regulation .06F, G, H adopted as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .06F, G adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .07 amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulation .07E amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulation .07G amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08 repealed and new Regulations .08 and .08-1 adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .08A amended effective July 8, 1991 (18:13 Md. R. 1483); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08C amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .08C amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .09 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .09 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09B amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulations .10—.14 adopted effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .11A, B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .11B amended as an emergency provision effective August 12, 2014 (41:18 Md. R. 1008); amended permanently effective November 24, 2014 (41:23 Md. R.1374)*
- *Administrative History: Regulation .13B amended effective October 1, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .12 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .14 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .14 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Authority: Transportation Article, §§11-109, 12-104(b), 16-105, 16-110, and 16-807, Annotated Code of Maryland;49 CFR §§383.123 and 383.77*
##### **COMAR 11.17.14.08-1** Physical Qualifications for New Commercial Driver License Applicants. {#sec-11.17.14.08-1 omnilex-key=us-md-regs-official--title-11--11.17.14.08-1}
A. An applicant for a Class A or B learner's instructional permit is required to show evidence that the applicant meets the physical qualifications specified for interstate or intrastate operation, as appropriate.
B. An applicant applying to add a hazardous materials endorsement to an existing commercial driver's license is required to show evidence that the applicant meets the physical qualifications specified for interstate or intrastate operation, as appropriate.
C. An applicant applying to add a passenger endorsement to an existing commercial driver's license is required to show evidence that the applicant meets the physical qualifications specified for interstate, intrastate, or school vehicle operation.
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .02B amended effective August 1, 1994 (21:15 Md. R. 1307); August 28, 1995 (22:17 Md. R. 1320); June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .02B amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .02B amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .04 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05E amended effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .05H adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .06 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .06D amended effective July 8, 1991 (18:13 Md. R. 1483); January 20, 2025 (52:1 Md. R. 18)*
- *Administrative History: Regulation .06F, G, H adopted as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .06F, G adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .07 amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulation .07E amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulation .07G amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08 repealed and new Regulations .08 and .08-1 adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .08A amended effective July 8, 1991 (18:13 Md. R. 1483); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08C amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .08C amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .09 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .09 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09B amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulations .10—.14 adopted effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .11A, B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .11B amended as an emergency provision effective August 12, 2014 (41:18 Md. R. 1008); amended permanently effective November 24, 2014 (41:23 Md. R.1374)*
- *Administrative History: Regulation .13B amended effective October 1, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .12 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .14 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .14 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Authority: Transportation Article, §§11-109, 12-104(b), 16-105, 16-110, and 16-807, Annotated Code of Maryland;49 CFR §§383.123 and 383.77*
##### **COMAR 11.17.14.09** Appropriate Motor Vehicle Commercial Driver's License Skills Tests. {#sec-11.17.14.09 omnilex-key=us-md-regs-official--title-11--11.17.14.09}
A. Each applicant for a commercial driver's license shall provide a motor vehicle of a type appropriate to test the applicant's ability to drive vehicles of the license class for which applied.
B. Class A Commercial Driver's License Skills Test.
(1) For a Class A commercial driver's license skills test, the applicant shall provide a Class A combination of vehicles that include a Class F (tractor) and a Class G (trailer).
(2) If the applicant provides a combination of vehicles other than a Class F (tractor) and a Class G (trailer), the Administration shall restrict the applicant to combinations of vehicles other than tractor-trailers.
(3) If the combination of vehicles is not equipped with air brakes, the Administration shall restrict the applicant to vehicles without air brakes.
(4) If the motor vehicle is not a passenger transport vehicle (bus) designed to transport 16 or more passengers, the Administration may not endorse the applicant's license for a passenger transport vehicle in that class of vehicle.
(5) If the vehicle is equipped with a rear driving position and pivoting rear wheels, the tillerman shall:
(a) Be required to hold the wheels which the tillerman controls in a centered position during the skills test; and
(b) Have a valid driver's license in the tillerman's possession.
(6) If the motor vehicle is not a school vehicle designed to transport 16 or more passengers, the Administration may not endorse the applicant's license for a school vehicle in that class of vehicle.
C. Class B Commercial Driver's License Skills Test. The applicant shall provide a single motor vehicle with a GVWR of 26,001 or more pounds. If the vehicle is not:
(1) Equipped with air brakes, the Administration shall restrict the applicant to vehicles without air brakes;
(2) A passenger transport vehicle (bus) designed to transport 16 or more passengers, the Administration may not endorse the applicant's license for a passenger transport vehicle in that class of vehicle; and
(3) A school vehicle designed to transport 16 or more passengers, the Administration may not endorse the applicant's license for a school vehicle in that class of vehicle.
D. Class C Commercial Driver's License Skills Test.
(1) If a Class C commercial driver's license skills test is required, the applicant shall provide a:
(a) Single motor vehicle with a GVWR more than 10,000 pounds and less than 26,001 pounds;
(b) Passenger transport vehicle with a GVWR less than 26,001 pounds;
(c) School vehicle with a GVWR less than 26,001 pounds; or
(d) Combination of vehicles with a GCW in excess of 26,001 pounds with the:
(i) Towed unit not in excess of 10,000 pounds, and
(ii) Power unit less than 26,001 pounds.
(2) If the vehicle or combination of vehicles is not equipped with air brakes, the Administration shall restrict the applicant to vehicles without air brakes.
(3) If the motor vehicle is not a passenger transport vehicle (bus) designed to transport 16 or more passengers, the Administration may not endorse the applicant's license for a passenger transport vehicle in that class of vehicle.
E. Passenger Transport (Bus) Endorsements.
(1) For a Class B passenger transport vehicle endorsement, the applicant shall provide a:
(a) Passenger transport vehicle with a GVWR of 26,001 or more pounds that is designed to transport 16 or more passengers, including the driver; or
(b) Full size Type I school vehicle that is designed to transport 49 or more passengers, including the driver.
(2) For a Class C passenger transport vehicle endorsement, the applicant shall provide a passenger transport vehicle with a GVWR not in excess of 26,000 pounds that is designed to transport 16 or more passengers, including the driver.
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .02B amended effective August 1, 1994 (21:15 Md. R. 1307); August 28, 1995 (22:17 Md. R. 1320); June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .02B amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .02B amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .04 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05E amended effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .05H adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .06 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .06D amended effective July 8, 1991 (18:13 Md. R. 1483); January 20, 2025 (52:1 Md. R. 18)*
- *Administrative History: Regulation .06F, G, H adopted as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .06F, G adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .07 amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulation .07E amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulation .07G amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08 repealed and new Regulations .08 and .08-1 adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .08A amended effective July 8, 1991 (18:13 Md. R. 1483); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08C amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .08C amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .09 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .09 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09B amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulations .10—.14 adopted effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .11A, B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .11B amended as an emergency provision effective August 12, 2014 (41:18 Md. R. 1008); amended permanently effective November 24, 2014 (41:23 Md. R.1374)*
- *Administrative History: Regulation .13B amended effective October 1, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .12 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .14 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .14 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Authority: Transportation Article, §§11-109, 12-104(b), 16-105, 16-110, and 16-807, Annotated Code of Maryland;49 CFR §§383.123 and 383.77*
##### **COMAR 11.17.14.10** Noncommercial Driver's License Knowledge Tests. {#sec-11.17.14.10 omnilex-key=us-md-regs-official--title-11--11.17.14.10}
An applicant for a Maryland noncommercial driver's license shall be administered a noncommercial knowledge test and may be administered additional tests specific to the license class for which applied, except an applicant who is:
A. Renewing a Maryland noncommercial driver's license; or
B. Transferring a valid driver's license of equal or higher class, issued by another state, to a Maryland noncommercial license.
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .02B amended effective August 1, 1994 (21:15 Md. R. 1307); August 28, 1995 (22:17 Md. R. 1320); June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .02B amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .02B amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .04 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05E amended effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .05H adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .06 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .06D amended effective July 8, 1991 (18:13 Md. R. 1483); January 20, 2025 (52:1 Md. R. 18)*
- *Administrative History: Regulation .06F, G, H adopted as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .06F, G adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .07 amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulation .07E amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulation .07G amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08 repealed and new Regulations .08 and .08-1 adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .08A amended effective July 8, 1991 (18:13 Md. R. 1483); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08C amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .08C amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .09 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .09 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09B amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulations .10—.14 adopted effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .11A, B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .11B amended as an emergency provision effective August 12, 2014 (41:18 Md. R. 1008); amended permanently effective November 24, 2014 (41:23 Md. R.1374)*
- *Administrative History: Regulation .13B amended effective October 1, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .12 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .14 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .14 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Authority: Transportation Article, §§11-109, 12-104(b), 16-105, 16-110, and 16-807, Annotated Code of Maryland;49 CFR §§383.123 and 383.77*
##### **COMAR 11.17.14.11** Administration of Noncommercial Driver’s License Knowledge Tests. {#sec-11.17.14.11 omnilex-key=us-md-regs-official--title-11--11.17.14.11}
A. The Maryland noncommercial driver’s license knowledge tests may be offered in written, electronic, or alternative formats.
B. The Administration shall set a time limit for an applicant to complete the Maryland noncommercial driver’s license knowledge test.
C. The passing score on the Maryland knowledge test is 85 percent.
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .02B amended effective August 1, 1994 (21:15 Md. R. 1307); August 28, 1995 (22:17 Md. R. 1320); June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .02B amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .02B amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .04 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05E amended effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .05H adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .06 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .06D amended effective July 8, 1991 (18:13 Md. R. 1483); January 20, 2025 (52:1 Md. R. 18)*
- *Administrative History: Regulation .06F, G, H adopted as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .06F, G adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .07 amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulation .07E amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulation .07G amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08 repealed and new Regulations .08 and .08-1 adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .08A amended effective July 8, 1991 (18:13 Md. R. 1483); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08C amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .08C amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .09 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .09 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09B amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulations .10—.14 adopted effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .11A, B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .11B amended as an emergency provision effective August 12, 2014 (41:18 Md. R. 1008); amended permanently effective November 24, 2014 (41:23 Md. R.1374)*
- *Administrative History: Regulation .13B amended effective October 1, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .12 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .14 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .14 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Authority: Transportation Article, §§11-109, 12-104(b), 16-105, 16-110, and 16-807, Annotated Code of Maryland;49 CFR §§383.123 and 383.77*
##### **COMAR 11.17.14.12** Noncommercial Driver's License Skills Tests. {#sec-11.17.14.12 omnilex-key=us-md-regs-official--title-11--11.17.14.12}
A. The noncommercial driver's license skills test shall be established by the Administration to certify the driving skills necessary for operation of a noncommercial motor vehicle.
B. The noncommercial driver's license skills test shall consist of:
(1) Maneuvers performed on a test course;
(2) In-traffic driving;
(3) Any examination designed to determine driving skills in a simulated or computer-assisted environment; or
(4) Any combination of tests described in §B(1), (2), or (3) of this regulation.
C. Before a skills test, a Type I (Initial License Issuance) learner’s permit holder shall submit, to the Administration, in a format determined by the Administration, a completed and signed skills log containing a certification page as described in Regulation .13 of this chapter.
D. The Administration may require appointment scheduling for skills tests.
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .02B amended effective August 1, 1994 (21:15 Md. R. 1307); August 28, 1995 (22:17 Md. R. 1320); June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .02B amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .02B amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .04 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05E amended effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .05H adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .06 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .06D amended effective July 8, 1991 (18:13 Md. R. 1483); January 20, 2025 (52:1 Md. R. 18)*
- *Administrative History: Regulation .06F, G, H adopted as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .06F, G adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .07 amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulation .07E amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulation .07G amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08 repealed and new Regulations .08 and .08-1 adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .08A amended effective July 8, 1991 (18:13 Md. R. 1483); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08C amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .08C amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .09 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .09 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09B amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulations .10—.14 adopted effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .11A, B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .11B amended as an emergency provision effective August 12, 2014 (41:18 Md. R. 1008); amended permanently effective November 24, 2014 (41:23 Md. R.1374)*
- *Administrative History: Regulation .13B amended effective October 1, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .12 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .14 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .14 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Authority: Transportation Article, §§11-109, 12-104(b), 16-105, 16-110, and 16-807, Annotated Code of Maryland;49 CFR §§383.123 and 383.77*
##### **COMAR 11.17.14.13** Skills Log Certification. {#sec-11.17.14.13 omnilex-key=us-md-regs-official--title-11--11.17.14.13}
A. A skills log shall include a certification page providing the learner permit holder's:
(1) Name;
(2) Permit or soundex number; and
(3) Parent, guardian, or mentor's signature as required by Transportation Article, §16-105, Annotated Code of Maryland.
B. The individual signing the skills log certification shall attest that the permit holder completed a minimum of 60 hours behind-the-wheel practice driving, 10 hours of which shall occur during the period beginning 30 minutes before sunset and ending 30 minutes after sunrise, under the supervision of a licensed driver who is 21 years old or older with at least 3 years driving experience.
C. After the permit holder meets all requirements and successfully completes the skills test, the Administration shall retain, in the records of the Administration, the skills log certification page as part of the permit holder's license application.
**Cross References**
11.17.14.12C
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .02B amended effective August 1, 1994 (21:15 Md. R. 1307); August 28, 1995 (22:17 Md. R. 1320); June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .02B amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .02B amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .04 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05E amended effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .05H adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .06 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .06D amended effective July 8, 1991 (18:13 Md. R. 1483); January 20, 2025 (52:1 Md. R. 18)*
- *Administrative History: Regulation .06F, G, H adopted as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .06F, G adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .07 amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulation .07E amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulation .07G amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08 repealed and new Regulations .08 and .08-1 adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .08A amended effective July 8, 1991 (18:13 Md. R. 1483); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08C amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .08C amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .09 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .09 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09B amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulations .10—.14 adopted effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .11A, B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .11B amended as an emergency provision effective August 12, 2014 (41:18 Md. R. 1008); amended permanently effective November 24, 2014 (41:23 Md. R.1374)*
- *Administrative History: Regulation .13B amended effective October 1, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .12 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .14 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .14 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Authority: Transportation Article, §§11-109, 12-104(b), 16-105, 16-110, and 16-807, Annotated Code of Maryland;49 CFR §§383.123 and 383.77*
##### **COMAR 11.17.14.14** Appropriate Motor Vehicle for Noncommercial Skills Tests. {#sec-11.17.14.14 omnilex-key=us-md-regs-official--title-11--11.17.14.14}
A. Each applicant for a noncommercial driver's license shall provide a motor vehicle of a type appropriate to test the applicant's ability to drive vehicles of the license class for which applied.
B. Class A Noncommercial Driver's License Skills Tests.
(1) For a Class A noncommercial driver's license skills test, the applicant shall provide a Class A combination of vehicles as follows:
(a) A Class F (tractor) and a Class G (trailer); or
(b) Other than a Class F (tractor) and a Class G (trailer), the vehicles shall have a GCWR of 26,001 or more pounds, with the towed vehicle and trailer having a GVWR of 10,001 or more pounds.
(2) The Administration shall restrict an applicant to:
(a) Combinations of vehicles other than tractors and trailers if the combination of vehicles described in §B(1)(b) of this regulation is provided; or
(b) Vehicles without air brakes if the combination of vehicles provided is not equipped with air brakes.
(3) If the vehicle is equipped with a rear driving position and pivoting rear wheels, the tillerman shall:
(a) Be required to hold the wheels which the tillerman controls in a centered position during the skills test; and
(b) Have a valid driver's license in the tillerman's possession.
C. Class B Noncommercial Driver's License Skills Tests.
(1) For a Class B noncommercial driver's license skills test, the applicant shall provide a:
(a) Single, noncommercial motor vehicle with a GVWR of 26,001 or more pounds; or
(b) Combination of motor vehicles with a GCWR of 26,001 or more pounds with the towed vehicle not to exceed a GVWR of 10,000 pounds.
(2) If the vehicle is not equipped with air brakes, the Administration shall restrict the applicant to vehicles without air brakes.
D. Class C Noncommercial Driver's License Skills Tests. For a Class C noncommercial driver's license skills test, the applicant shall provide an automobile, station wagon, light truck, or any motor vehicle, other than a motorcycle, with a GVWR less than 26,001 pounds.
E. Class M Noncommercial Driver's License Skills Tests.
(1) For a Class M noncommercial driver's license skills test, the applicant shall provide a motorcycle.
(2) The Administration shall restrict the applicant to:
(a) A motorcycle with a sidecar if provided by the applicant; or
(b) A three-wheeled motorcycle if provided by the applicant.
**History**
- *Administrative History: Effective date: December 25, 1989 (16:25 Md. R. 2713)*
- *Administrative History: Regulation .02B amended effective August 1, 1994 (21:15 Md. R. 1307); August 28, 1995 (22:17 Md. R. 1320); June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .02B amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .02B amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .04 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05E amended effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .05H adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .06 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .06D amended effective July 8, 1991 (18:13 Md. R. 1483); January 20, 2025 (52:1 Md. R. 18)*
- *Administrative History: Regulation .06F, G, H adopted as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .06F, G adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .07 amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: Regulation .07E amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulation .07G amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08 repealed and new Regulations .08 and .08-1 adopted effective August 1, 1994 (21:15 Md. R. 1307)*
- *Administrative History: Regulation .08A amended effective July 8, 1991 (18:13 Md. R. 1483); July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .08C amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .08C amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .08C amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .09 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .09 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Administrative History: Regulation .09B amended effective November 16, 1998 (25:23 Md. R. 1697)*
- *Administrative History: Regulations .10—.14 adopted effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .11A, B amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .11B amended as an emergency provision effective August 12, 2014 (41:18 Md. R. 1008); amended permanently effective November 24, 2014 (41:23 Md. R.1374)*
- *Administrative History: Regulation .13B amended effective October 1, 2005 (32:18 Md. R. 1520)*
- *Administrative History: Regulation .12 amended effective July 30, 2018 (45:15 Md. R. 726)*
- *Administrative History: Regulation .14 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005*
- *Administrative History: Regulation .14 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)*
- *Authority: Transportation Article, §§11-109, 12-104(b), 16-105, 16-110, and 16-807, Annotated Code of Maryland;49 CFR §§383.123 and 383.77*
## **11.17.15** Under 21 Alcohol Restriction
##### **COMAR 11.17.15.01** Definitions. {#sec-11.17.15.01 omnilex-key=us-md-regs-official--title-11--11.17.15.01}
A. In these regulations, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “License” means a license to drive as defined in Transportation Article, §11-128, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: July 23, 1990 (17:14 Md. R. 1759)*
- *Authority: Transportation Article, §§12-104(b) and 16-113(b), (c), Annotated Code of Maryland*
##### **COMAR 11.17.15.02** Application. {#sec-11.17.15.02 omnilex-key=us-md-regs-official--title-11--11.17.15.02}
A. A licensee under 21 years old may not drive or attempt to drive a motor vehicle with an alcohol concentration of 0.02 or more as determined by an analysis of the licensee's blood or breath.
B. The prohibition of §A applies to all licensees under 21 years old regardless of whether the restriction has been noted on the licensee's license or driving record.
**History**
- *Administrative History: Effective date: July 23, 1990 (17:14 Md. R. 1759)*
- *Authority: Transportation Article, §§12-104(b) and 16-113(b), (c), Annotated Code of Maryland*
##### **COMAR 11.17.15.03** Notation on Licenses. {#sec-11.17.15.03 omnilex-key=us-md-regs-official--title-11--11.17.15.03}
A. Licenses issued after July 1, 1989, by the Administration to licensees under 21 years old shall contain the notation “Under 21 Alcohol Restricted”.
B. Pursuant to Chapter 438, §2, 1989 Laws of Maryland, the Administration is not required to recall or reissue the driver's licenses of licensees under 21 years old for the purpose of noting on the license “Under 21 Alcohol Restricted”, until the regular expiration of the person's current driver's license.
**History**
- *Administrative History: Effective date: July 23, 1990 (17:14 Md. R. 1759)*
- *Authority: Transportation Article, §§12-104(b) and 16-113(b), (c), Annotated Code of Maryland*
##### **COMAR 11.17.15.04** Expiration. {#sec-11.17.15.04 omnilex-key=us-md-regs-official--title-11--11.17.15.04}
The under 21 alcohol restriction imposed in Regulation .02A expires when the licensee becomes 21 years old, regardless of any notations applied on the license under Regulation .03.
**History**
- *Administrative History: Effective date: July 23, 1990 (17:14 Md. R. 1759)*
- *Authority: Transportation Article, §§12-104(b) and 16-113(b), (c), Annotated Code of Maryland*
## **11.17.16** Corrected Driver's License
##### **COMAR 11.17.16.01** Purpose. {#sec-11.17.16.01 omnilex-key=us-md-regs-official--title-11--11.17.16.01}
The purpose of this chapter is to define certain changes that do not constitute license corrections pursuant to Transportation Article, §16-114.1, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .02 amended effective December 13, 1999 (26:25 Md. R. 1899)*
- *Administrative History: Regulation .03B amended effective April 10, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .04A amended effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 30, 2018 (45:15 Md. R. 727)*
- *Authority: Transportation Article, §§12-104(b), 12-302, 16-111.1, 16-114.1, and 16-818, Annotated Code of Maryland*
##### **COMAR 11.17.16.02** Definitions — Repealed. {#sec-11.17.16.02 omnilex-key=us-md-regs-official--title-11--11.17.16.02}
**History**
- *Administrative History: Effective date: September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .02 amended effective December 13, 1999 (26:25 Md. R. 1899)*
- *Administrative History: Regulation .03B amended effective April 10, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .04A amended effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 30, 2018 (45:15 Md. R. 727)*
- *Authority: Transportation Article, §§12-104(b), 12-302, 16-111.1, 16-114.1, and 16-818, Annotated Code of Maryland*
##### **COMAR 11.17.16.03** Exceptions. {#sec-11.17.16.03 omnilex-key=us-md-regs-official--title-11--11.17.16.03}
The following circumstances do not constitute a license correction:
A. A change of name or address on Administration records for which a correction card attachment, not a license, is issued; or
B. The addition or deletion of:
(1) An organ donor designation;
(2) A veteran designation;
(3) Any other restriction imposed on a licensee other than those restrictions cited in Regulation .02B(2)(f) of this chapter;
(4) A special hearing or speech impairment designation.
**History**
- *Administrative History: Effective date: September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .02 amended effective December 13, 1999 (26:25 Md. R. 1899)*
- *Administrative History: Regulation .03B amended effective April 10, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .04A amended effective October 12, 1992 (19:20 Md. R. 1816)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 30, 2018 (45:15 Md. R. 727)*
- *Authority: Transportation Article, §§12-104(b), 12-302, 16-111.1, 16-114.1, and 16-818, Annotated Code of Maryland*
##### **COMAR 11.17.17** Provisional Driver's License [Repealed] {#sec-11.17.17 omnilex-key=us-md-regs-official--title-11--11.17.17}
**History**
- *Administrative History: Effective date: February 3, 1992 (19:2 Md. R. 155)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.04 repealed effective July 30, 2018 (45:15 Md. R. 727)*
## **11.17.18** Disposition and Records of Traffic Citations: Citation Accountability
##### **COMAR 11.17.18.01** Definitions. {#sec-11.17.18.01 omnilex-key=us-md-regs-official--title-11--11.17.18.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Chief executive officer” means the sheriff, superintendent of police, commissioner of police, police chief, deputy or assistant chief of police, or an individual having an equivalent title who is appointed or employed by a government agency to exercise equivalent supervisory authority.
(3) “Designee” means a supervisory police officer.
(4) “Disposition of traffic citation” means a traffic citation that has been accounted for by:
(a) Trial;
(b) Dismissal of the charges or other official action by a judge of the court;
(c) Forfeiture of the collateral (if authorized by the court);
(d) Payment of a fine;
(e) Nolle pros;
(f) Stet;
(g) Voided; or
(h) Police report.
(5) “Inventory withdrawal form” means a requisition form issued by the Administration that authorizes the release of traffic citations to a law enforcement agency.
(6) “Law enforcement agency” means:
(a) A governmental police force or law enforcement agency of the State, county, or municipality which has by statute, ordinance, or common law, the authority for enforcing the general traffic laws of this State;
(b) The Investigative Division of the Administration, which has the authority to issue citations as specified in Transportation Article, §12-104.1, Annotated Code of Maryland.
(7) “Outstanding traffic citation” means a traffic citation that has not been issued by a police officer or accounted for by the court.
(8) “Police officer” means an individual who has the authority to write traffic citations in this State.
(9) “Police report” means a report, submitted to the Administration by a law enforcement agency, which explains why the citations cannot be located.
(10) “Traffic citation” means a Maryland Uniform Complaint and Citation.
**History**
- *Administrative History: Effective date: September 28, 1992 (19:19 Md. R. 1709)*
- *Administrative History: Regulation .03 amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Authority: Transportation Article, §§12-104(b) and 26-407, Annotated Code of Maryland*
##### **COMAR 11.17.18.02** Inventory Withdrawal. {#sec-11.17.18.02 omnilex-key=us-md-regs-official--title-11--11.17.18.02}
A. The Administration shall provide inventory withdrawal forms to law enforcement agencies for use in obtaining traffic citation books from the Administration.
B. Law enforcement agencies shall acknowledge receipt of traffic citation books on the inventory withdrawal form by returning the Administration's copy to the Administration immediately.
**History**
- *Administrative History: Effective date: September 28, 1992 (19:19 Md. R. 1709)*
- *Administrative History: Regulation .03 amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Authority: Transportation Article, §§12-104(b) and 26-407, Annotated Code of Maryland*
##### **COMAR 11.17.18.03** Law Enforcement Agency Distribution. {#sec-11.17.18.03 omnilex-key=us-md-regs-official--title-11--11.17.18.03}
A. Traffic citation books may be issued to police officers as determined appropriate by the chief executive officer or the chief executive officer's designee.
B. A traffic citation book may not be reassigned to another police officer or another law enforcement agency without the prior authorization of the Administration.
C. Police officers shall complete the traffic citations as instructed by the District Court.
D. The law enforcement agency shall dispose of each copy of the five-part traffic citation in the manner required by the District Court.
E. Police officers may not lend, borrow, or share traffic citations.
**History**
- *Administrative History: Effective date: September 28, 1992 (19:19 Md. R. 1709)*
- *Administrative History: Regulation .03 amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Authority: Transportation Article, §§12-104(b) and 26-407, Annotated Code of Maryland*
##### **COMAR 11.17.18.04** Records. {#sec-11.17.18.04 omnilex-key=us-md-regs-official--title-11--11.17.18.04}
A. The law enforcement agency shall keep its copy of every citation, or a record of every citation, for at least 3 years after issuance.
B. The chief executive officer or the chief executive officer's designee shall submit a police report on official letterhead advising the Administration within 5 days of a lost, stolen, mutilated, or destroyed traffic citation.
C. The Administration shall make periodic requests to law enforcement agencies for the disposition of all outstanding traffic citations.
D. Upon request by the Administration, the chief executive officer or designee of each law enforcement agency shall account for the disposition of traffic citations in a format and within the time required by the Administration.
**History**
- *Administrative History: Effective date: September 28, 1992 (19:19 Md. R. 1709)*
- *Administrative History: Regulation .03 amended effective November 22, 2004 (31:23 Md. R. 1654)*
- *Authority: Transportation Article, §§12-104(b) and 26-407, Annotated Code of Maryland*
## **11.17.19** Issuance of Temporary Driver Licenses Valid in Maryland Only
##### **COMAR 11.17.19.01** Purpose. {#sec-11.17.19.01 omnilex-key=us-md-regs-official--title-11--11.17.19.01}
This chapter establishes procedures for the issuance of a 90-day temporary driver's license, valid in Maryland only, as defined in Transportation Article, §16-113(e), Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: April 16, 2001 (28:7 Md. R. 692)*
- *Authority: Transportation Article, §§12-104(b) and 16-113(e), Annotated Code of Maryland*
##### **COMAR 11.17.19.02** Definitions. {#sec-11.17.19.02 omnilex-key=us-md-regs-official--title-11--11.17.19.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Initial violation” means the originating action or charge that led to the suspension or revocation.
(3) “Jurisdiction” has the meaning stated in Transportation Article, §12-401, Annotated Code of Maryland.
(4) “Revoked” means to terminate, by formal action, an individual's license or privilege to drive a motor vehicle.
(5) “Suspended” means to withdraw temporarily, by formal action, an individual's license or privilege to drive a motor vehicle.
(6) “Temporary driver's license” means a temporary license issued to an eligible individual for a period not to exceed 90 days that allows the individual to operate a motor vehicle in Maryland.
**History**
- *Administrative History: Effective date: April 16, 2001 (28:7 Md. R. 692)*
- *Authority: Transportation Article, §§12-104(b) and 16-113(e), Annotated Code of Maryland*
##### **COMAR 11.17.19.03** Application. {#sec-11.17.19.03 omnilex-key=us-md-regs-official--title-11--11.17.19.03}
A. The Administration may issue a temporary driver's license, which is valid only in Maryland, for a period not to exceed 90 days if the individual:
(1) Is suspended or revoked in another jurisdiction;
(2) Previously held a valid Maryland driver's license;
(3) Has made application:
(a) To renew the valid Maryland driver's license,
(b) For a duplicate or corrected driver's license,
(c) For a driver's license after approval for reinstatement of a revoked Maryland driver's license, or
(d) For a replacement driver's license after withdrawal of a suspension against the Maryland driver's license;
(4) Is revoked or suspended in another jurisdiction as a result of failing to comply with its licensing requirements, but would not have been suspended or revoked in this State for a comparable violation;
(5) Did not receive the initial violation that led to the suspension or revocation within the preceding 5 years;
(6) Is otherwise qualified to be licensed in Maryland; and
(7) Has the opportunity to satisfy all requirements of the initial violation and receive clearance from the jurisdiction in question within the 90-day temporary license period.
B. The Administration may not issue a temporary driver's license which is valid in Maryland if the:
(1) Individual is suspended or revoked in more than one jurisdiction;
(2) Individual holds a commercial driver's license, unless the license is downgraded to a noncommercial license;
(3) Initial violation that led to the suspension or revocation occurred less than 5 years before the date of application for the temporary driver's license;
(4) Initial violation that led to the revocation or suspension resulted from any offense that involved a fatality;
(5) Initial violation that led to the revocation or suspension resulted from an offense or charges involving the use of alcohol or drugs;
(6) Clearance requirement of the other jurisdiction cannot be met within the 90-day temporary license period;
(7) Applicant's privilege to drive is cancelled, refused, or disqualified in another jurisdiction;
(8) Individual is suspended, revoked, cancelled, refused, or disqualified in Maryland; or
(9) Applicant is not otherwise qualified to be licensed in Maryland.
**History**
- *Administrative History: Effective date: April 16, 2001 (28:7 Md. R. 692)*
- *Authority: Transportation Article, §§12-104(b) and 16-113(e), Annotated Code of Maryland*
## **11.17.20** Emergency Vehicle — Requirements for Certain License Exemptions
##### **COMAR 11.17.20.01** Purpose. {#sec-11.17.20.01 omnilex-key=us-md-regs-official--title-11--11.17.20.01}
The purpose of this chapter is to establish the training and testing requirements to qualify emergency vehicle drivers of Maryland fire department, rescue squad, emergency medical services unit or volunteer fire company emergency vehicles that are exempt from certain driver licensing requirements as authorized under Transportation Article §16-102(a)(12), Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: November 10, 2003 (30:22 Md. R. 1583)*
- *Authority: Transportation Article, §§12-104(b) and 16-102, Annotated Code of Maryland*
##### **COMAR 11.17.20.02** Definitions. {#sec-11.17.20.02 omnilex-key=us-md-regs-official--title-11--11.17.20.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Emergency vehicle” means a commercial motor vehicle that is:
(a) Owned or operated by a Maryland fire and rescue organization;
(b) Authorized and used for emergency or rescue purposes; and
(c) Exempt from the Class A and B licensing requirements as authorized under Transportation Article, §16-102(a)(12), Annotated Code of Maryland.
(3) “Emergency vehicle operator” is a member or employee of a Maryland fire and rescue organization that is authorized to operate an emergency vehicle in the performance of official duties.
(4) “Emergency vehicle operator card” means a card:
(a) Approved by the Administration;
(b) Issued by the designated officer having jurisdiction for the Maryland fire and rescue organization; and
(c) Certifying that an individual:
(i) Has successfully completed an approved emergency vehicle operator training course; and
(ii) Is qualified to operate an emergency vehicle.
(5) “Emergency vehicle operator course” means an emergency vehicle training and testing course approved by the Maryland Fire and Rescue Education and Training Commission to train, test, and qualify individuals as emergency vehicle operators.
(6) “Fire and rescue organization” means a Maryland fire department, rescue squad, emergency medical services unit, or volunteer fire company that is authorized to operate emergency vehicles for fire and rescue purposes.
**History**
- *Administrative History: Effective date: November 10, 2003 (30:22 Md. R. 1583)*
- *Authority: Transportation Article, §§12-104(b) and 16-102, Annotated Code of Maryland*
##### **COMAR 11.17.20.03** Emergency Vehicle Operator. {#sec-11.17.20.03 omnilex-key=us-md-regs-official--title-11--11.17.20.03}
A. To qualify for an emergency vehicle operator card and an exemption from the Class A and B licensing requirements as authorized under Transportation Article, §16-102(a)(12), Annotated Code of Maryland, an emergency vehicle operator shall:
(1) Possess a valid Maryland Class C driver's license or a valid equivalent driver's license from another jurisdiction;
(2) Possess a certification of the successful completion of an approved emergency vehicle operator course; and
(3) Obtain authorization from a designated officer having jurisdiction for the Maryland fire and rescue organization to operate an emergency vehicle in the performance of official duties.
B. For 1- year period beginning October 1, 2003, an emergency vehicle operator is eligible to receive an emergency vehicle operator card without complying with the requirements of §A(2) of this regulation if the emergency vehicle operator possesses a valid:
(1) Maryland Class A or B driver's license; or
(2) Equivalent driver's license from another jurisdiction that authorizes the operation of an emergency vehicle.
C. When operating an emergency vehicle, an emergency vehicle operator exempt under Transportation Article, §16-102(a)(12), Annotated Code of Maryland, shall possess a valid:
(1) Maryland Class C driver's license or a valid equivalent driver's license from another jurisdiction; and
(2) Emergency vehicle operator card.
D. An emergency vehicle operator authorized by a designated officer having jurisdiction for the Maryland fire and rescue organization may operate an emergency vehicle in the performance of official duties if the emergency vehicle operator possesses a valid:
(1) Maryland Class A or B driver's license; or
(2) Equivalent driver's license from another jurisdiction.
**Cross References**
11.17.20.05A
**History**
- *Administrative History: Effective date: November 10, 2003 (30:22 Md. R. 1583)*
- *Authority: Transportation Article, §§12-104(b) and 16-102, Annotated Code of Maryland*
##### **COMAR 11.17.20.04** Emergency Vehicle Operator Training Course. {#sec-11.17.20.04 omnilex-key=us-md-regs-official--title-11--11.17.20.04}
The designated officer of an approved emergency vehicle operator training course shall:
A. Issue a written certification to individuals who successfully complete an approved emergency vehicle operator training course; and
B. Maintain records of all individuals who successfully complete an approved emergency vehicle operator's training course.
**History**
- *Administrative History: Effective date: November 10, 2003 (30:22 Md. R. 1583)*
- *Authority: Transportation Article, §§12-104(b) and 16-102, Annotated Code of Maryland*
##### **COMAR 11.17.20.05** Requirements of Emergency Fire and Rescue Organization. {#sec-11.17.20.05 omnilex-key=us-md-regs-official--title-11--11.17.20.05}
The designated officer having jurisdiction for the Maryland fire and rescue organization that operates emergency vehicles under that organization's jurisdiction shall:
A. Issue emergency vehicle operator cards to individuals qualified to operate emergency vehicles under Regulation .03 of this chapter; and
B. Maintain the records of:
(1) All emergency vehicle operators authorized to operate vehicles under the organization's jurisdiction; and
(2) The types of emergency vehicle they are authorized to drive.
**History**
- *Administrative History: Effective date: November 10, 2003 (30:22 Md. R. 1583)*
- *Authority: Transportation Article, §§12-104(b) and 16-102, Annotated Code of Maryland*
##### **COMAR 11.17.20.06** Penalties for Noncompliance. {#sec-11.17.20.06 omnilex-key=us-md-regs-official--title-11--11.17.20.06}
Failure to comply with this chapter is a misdemeanor under the Transportation Article, §16-102, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: November 10, 2003 (30:22 Md. R. 1583)*
- *Authority: Transportation Article, §§12-104(b) and 16-102, Annotated Code of Maryland*
## **11.17.21** Proof of Age, Name, Identity, and Residency for Federally Noncompliant Driver Licenses and Identification Cards
##### **COMAR 11.17.21.01** Purpose and Application. {#sec-11.17.21.01 omnilex-key=us-md-regs-official--title-11--11.17.21.01}
The purpose of this chapter is to identify the documents acceptable to the Administration as proof of age, name, identity, and Maryland residence for the issuance of a federally noncompliant Maryland license or identification card as set forth in Ch. 309, Acts of 2013.
**History**
- *Administrative History: Effective date: January 1, 2014 (40:25 Md. R. 2070)*
- *Administrative History: ——————*
- *Administrative History: Regulation .05A amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Authority: Transportation Article, §§12-104(b), 12-301, 16-103.1, 16-104.2, 16-106, 16-115, 16-121, and 16-122, Annotated Code of Maryland*
##### **COMAR 11.17.21.02** Definitions. {#sec-11.17.21.02 omnilex-key=us-md-regs-official--title-11--11.17.21.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Comptroller” means the Comptroller of Maryland.
(3) “Identification card” means a photo identification card issued under Transportation Article, §12-301, Annotated Code of Maryland.
(4) “Individual taxpayer identification number (ITIN)” means a tax processing number issued by the Internal Revenue Service.
(5) License.
(a) “License” means an original, renewal, duplicate, or corrected driver's license or permit to drive a motor vehicle issued by the Administration; and
(b) “License” includes a:
(i) Learner's instructional permit;
(ii) Moped operator's permit;
(iii) Provisional license; or
(iv) Commercial driver's license.
(6) “Name” has the meaning stated in Transportation Article, §11-137, Annotated Code of Maryland.
(7) “Noncompliant” means a license or identification card not acceptable by federal agencies for official purposes.
(8) “Renewal” means a license or identification card issued to replace an expiring license or identification card.
(9) “Residence” has the meaning stated in Transportation Article, §11-149, Annotated Code of Maryland.
(10) “SSN” means Social Security number issued by the Social Security Administration.
(11) “Source document” means the original or a certified copy of a document acceptable to the Administration that is submitted by an applicant for a license or identification card.
(12) “State” means any state, possession, or territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province or territory of Canada.
**History**
- *Administrative History: Effective date: January 1, 2014 (40:25 Md. R. 2070)*
- *Administrative History: ——————*
- *Administrative History: Regulation .05A amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Authority: Transportation Article, §§12-104(b), 12-301, 16-103.1, 16-104.2, 16-106, 16-115, 16-121, and 16-122, Annotated Code of Maryland*
##### **COMAR 11.17.21.03** Applicant's Requirements. {#sec-11.17.21.03 omnilex-key=us-md-regs-official--title-11--11.17.21.03}
A. An applicant requesting a noncompliant Maryland license or noncompliant Maryland identification card shall provide documentation acceptable to the Administration as specified in this chapter. The documentation shall provide proof of:
(1) Age, name, and identity as set forth in Regulation .04A of this chapter;
(2) Residency as set forth in Regulation .04B of this chapter; and
(3) Maryland income tax filings for the preceding 2 years certified by the Comptroller.
B. The applicant shall:
(1) Certify under penalty of perjury that the information provided in the application is true and correct; and
(2) Pay any applicable fees set forth in COMAR 11.11.05.03.
**History**
- *Administrative History: Effective date: January 1, 2014 (40:25 Md. R. 2070)*
- *Administrative History: ——————*
- *Administrative History: Regulation .05A amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Authority: Transportation Article, §§12-104(b), 12-301, 16-103.1, 16-104.2, 16-106, 16-115, 16-121, and 16-122, Annotated Code of Maryland*
##### **COMAR 11.17.21.04** Source Documents for Proof of Age, Name, Identity, and Residence. {#sec-11.17.21.04 omnilex-key=us-md-regs-official--title-11--11.17.21.04}
A. An applicant, to establish proof of age, name, and identity, shall submit a valid, unexpired passport or a valid unexpired consular ID document, meeting the issuance standards established by the Administration.
B. If an applicant is unable to provide the documentation required by §A, the applicant shall submit two of the following, accompanied by an English translation, one of which shall contain a photo not more than 8 years old;
(1) Foreign (non-U.S.) drivers’ license;
(2) Original or certified copy foreign (non-U.S.) civil birth certificate;
(3) National identification card or national voter card displaying applicant’s photo, name, date of birth;
(4) State license;
(5) State identification card;
(6) US military dependent identification card;
(7) US military identification card;
(8) Certified State school record, on a form provided by the Administration, not more than 12 months old:
(9) I-766 Employment Authorization Document; or
(10) Any other documents adopted as acceptable by the Administration through written approval.
C. Source Documents for Residency.
(1) To establish Maryland residency, an applicant for a non-compliant license or identification card shall submit at least two source documents. The address on source documents shall match the address on the application and may not be from the same business, company, or agency. The residency source documents include:
(a) Maryland vehicle registration card or title;
(b) Utility, telephone, or cable or satellite TV bill;
(c) Checking or savings account statement;
(d) Life insurance card or policy over 3 years old;
(e) Property tax bill or receipt;
(f) Mortgage account or proof of home ownership;
(g) Residential rental contract, an apartment lease, or other rental of real property;
(h) First class mail from a federal, state, or local government agency to include the contents and envelope, excluding mail from the Administration;
(i) Installment contract from a bank or other financial institution;
(j) Sales tax or business license;
(k) Major credit card bill;
(l) Residential service contract for services performed at the address of residence, for example, cable or satellite television service, TV repairs, lawn service, or exterminator contract;
(m) Court order of probation, order of parole, or order of mandatory release;
(n) Cancelled check with imprinted name and address; or
(o) Selective Service Card.
(2) A post office box number may only be used if in conjunction with the applicant's address and in the same zip code area. The use of a private mail drop is not permitted.
D. To establish proof of Maryland income tax filings for the preceding 2 tax years, the applicant shall submit a certified letter from the Comptroller reflecting the applicant’s ITIN or SSN.
E. Applicants requesting a name change or to establish a name other than the name that appears on a source document shall submit documentation issued by a court, governmental body, or other entity acceptable to the Administration, accompanied by an English translation, to include:
(1) Certified copy of a court order pertaining to the name change;
(2) Original or certified copy of a marriage certificate;
(3) Original or certified copy of a divorce decree; or
(4) Original or certified copy of a birth certificate.
**Cross References**
11.17.21.03A(1)
11.17.21.03A(2)
11.17.21.05A
**History**
- *Administrative History: Effective date: January 1, 2014 (40:25 Md. R. 2070)*
- *Administrative History: ——————*
- *Administrative History: Regulation .05A amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Authority: Transportation Article, §§12-104(b), 12-301, 16-103.1, 16-104.2, 16-106, 16-115, 16-121, and 16-122, Annotated Code of Maryland*
##### **COMAR 11.17.21.05** Exception Process. {#sec-11.17.21.05 omnilex-key=us-md-regs-official--title-11--11.17.21.05}
A. If an applicant is unable to comply with the Maryland residency source document requirements set forth in Regulation .04C of this chapter due to circumstances beyond the applicant’s control, the applicant may submit the following alternate source documents under the following circumstances:
(1) If the applicant is a dependent:
(a) The signature on the application of the parent or guardian with whom the applicant resides, signed in the presence of a representative of the Administration;
(b) Documentation of the relationship between the applicant and parent or guardian;
(c) Documentation to prove the applicant is a dependent of the parent or guardian, if the applicant is 18 years of age or older; and
(d) Acceptable proof of the parent or guardian's identity and Maryland residence address.
(2) If the applicant is a married individual:
(a) A statement from the applicant's adult spouse with whom the applicant resides, signed in the presence of a representative of the Administration; and
(b) An original or certified copy of their marriage certificate;
(3) If the applicant is a resident of a nursing home, a statement from the nursing home written on the nursing home's letterhead, which shall include:
(a) The applicant's name and date of birth;
(b) Address of the nursing home;
(c) Name and phone number of the contact person at the home; and
(d) Signature of the nursing home's manager or representative;
(4) If the applicant is an incarcerated individual or former incarcerated individual within 60 days of release:
(a) An Order of Parole;
(b) An Order of Mandatory Release; or
(c) An address certification form issued by the Administration and signed by a designated official of the correctional facility, or other designated official of the Department of Public Safety and Correctional Services;
(5) If the applicant is a homeless individual, an original letter on letterhead from a homeless shelter, or service provider, which shall include:
(a) A statement that the applicant is homeless;
(b) The address of the shelter or service provider;
(c) The name and phone number of the contact person; and
(d) The signature of the shelter representative or service provider; or
(6) If the applicant is in the care of the Department of Juvenile Services, the Administration may accept an address certification form issued by the Administration and signed by a designated official of the Department of Juvenile Services.
B. If an applicant is incapacitated and physically unable to visit the Administration to apply for an identification card in person, the Administration may complete the application and issuance process by mail if the applicant:
(1) Holds or has held a Maryland license or identification card and there is a usable image and signature of the applicant on file;
(2) Submits certification stating the reason the applicant is physically unable to apply for an identification card in person; and
(3) Submits a completed application and includes any applicable fees.
**Cross References**
11.11.05.03
**History**
- *Administrative History: Effective date: January 1, 2014 (40:25 Md. R. 2070)*
- *Administrative History: ——————*
- *Administrative History: Regulation .05A amended effective October 16, 2023 (50:20 Md. R. 888)*
- *Authority: Transportation Article, §§12-104(b), 12-301, 16-103.1, 16-104.2, 16-106, 16-115, 16-121, and 16-122, Annotated Code of Maryland*
## **11.18.01** Insurance Requirements
##### **COMAR 11.18.01.01** Financial Responsibility Insurance Requirements under Titles 17 and 18 of Transportation Article, Annotated Code of Maryland. {#sec-11.18.01.01 omnilex-key=us-md-regs-official--title-11--11.18.01.01}
A. Evidence of required security as provided for in Transportation Article, §17-103, shall be provided before the registration of a vehicle in this State.
B. The application for registration shall be on a form provided by the Administration and shall include the name of the insurance company, the name of the authorized agent, if any, the policy or binder number, and any other information that may be deemed necessary by the Administration.
C. If the applicant for registration is approved as a self-insurer as provided for in Transportation Article, §17-103(a)(2), the self-insurer's name and certificate number shall be indicated on the application for registration.
D. If the required security terminates during the registration period, the vehicle owner shall provide the Administration with the name of the insurance company replacing the terminated coverage, the name of the authorized agent, if any, the policy or binder number, and the effective date of the policy.
**History**
- *Administrative History: Effective date: January 27, 1975 (2:3 Md. R. 153)*
- *Administrative History: Regulation .01 adopted effective January 23, 1981 (8:2 Md. R. 115)*
- *Administrative History: Regulation .01C amended effective November 26, 1990 (17:23 Md. R. 2733)*
- *Administrative History: Regulations .02—.05 adopted effective November 4, 1977 (4:23 Md. R. 1735)*
- *Administrative History: Regulation .02 amended effective December 9, 1991 (18:24 Md. R. 2645)*
- *Administrative History: Regulation .03 repealed effective November 26, 1990 (17:23 Md. R. 2733)*
- *Administrative History: Regulation .04 amended and recodified to Regulation .03 effective November 26, 1990 (17:23 Md. R. 2733)*
- *Administrative History: Regulation .03 amended effective December 9, 1991 (18:24 Md. R. 2645)*
- *Administrative History: Regulation .04 amended effective December 9, 1991 (18:24 Md. R. 2645)*
- *Administrative History: Regulation .04 repealed effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .05 repealed effective November 26, 1990 (17:23 Md. R. 2733)*
- *Administrative History: Regulation .06 adopted effective December 14, 1979 (6:25 Md. R. 1983)*
- *Administrative History: Regulation .06 recodified to Regulation .04 effective November 26, 1990 (17:23 Md. R. 2733)*
- *Authority: Transportation Article, §§12-104(b), 17-103, and 18-102, Annotated Code of Maryland*
##### **COMAR 11.18.01.02** Minimum Amount of Security. {#sec-11.18.01.02 omnilex-key=us-md-regs-official--title-11--11.18.01.02}
A motor vehicle, trailer, or semitrailer that is rented or leased within the State shall provide, by the terms of its insurance policy, at least the minimum amount of security required under Transportation Article, §17-103, Annotated Code of Maryland, irrespective of the fact that the motor vehicle rented or leased may be registered or titled in a state or jurisdiction other than Maryland.
**History**
- *Administrative History: Effective date: January 27, 1975 (2:3 Md. R. 153)*
- *Administrative History: Regulation .01 adopted effective January 23, 1981 (8:2 Md. R. 115)*
- *Administrative History: Regulation .01C amended effective November 26, 1990 (17:23 Md. R. 2733)*
- *Administrative History: Regulations .02—.05 adopted effective November 4, 1977 (4:23 Md. R. 1735)*
- *Administrative History: Regulation .02 amended effective December 9, 1991 (18:24 Md. R. 2645)*
- *Administrative History: Regulation .03 repealed effective November 26, 1990 (17:23 Md. R. 2733)*
- *Administrative History: Regulation .04 amended and recodified to Regulation .03 effective November 26, 1990 (17:23 Md. R. 2733)*
- *Administrative History: Regulation .03 amended effective December 9, 1991 (18:24 Md. R. 2645)*
- *Administrative History: Regulation .04 amended effective December 9, 1991 (18:24 Md. R. 2645)*
- *Administrative History: Regulation .04 repealed effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .05 repealed effective November 26, 1990 (17:23 Md. R. 2733)*
- *Administrative History: Regulation .06 adopted effective December 14, 1979 (6:25 Md. R. 1983)*
- *Administrative History: Regulation .06 recodified to Regulation .04 effective November 26, 1990 (17:23 Md. R. 2733)*
- *Authority: Transportation Article, §§12-104(b), 17-103, and 18-102, Annotated Code of Maryland*
##### **COMAR 11.18.01.03** Requirements for Renting or Leasing Vehicles. {#sec-11.18.01.03 omnilex-key=us-md-regs-official--title-11--11.18.01.03}
A. A person in the business of renting or leasing motor vehicles, trailers, or semitrailers shall file with the Financial Responsibility Division of the Administration, for each vehicle rented or leased, a copy of the liability insurance policy or proof of Maryland self-insurance certification required under Transportation Article, Titles 17 and 18, Annotated Code of Maryland, and a copy of the standard rental or lease agreement upon demand. The insurance policy or self-insurer shall provide primary coverage to the owner, the lessee, and each person driving or using the motor vehicle, trailer, or semitrailer with permission of the owner or lessee, notwithstanding any provisions of the rental or lease agreement to the contrary. The owner of the motor vehicle, trailer, or semitrailer which is to be rented or leased for a period exceeding 180 days may satisfy the owner's obligation to provide security by requiring the lessee to procure the security.
B. The owner of a motor vehicle, trailer, or semitrailer which is to be rented or leased for commercial use may satisfy the owner's obligation to provide security by requiring the lessee to procure the security, provided the lessor has in place, on file and approved by the Administration, one of the following in the event of default of the lessee to maintain primary coverage:
(1) Contingent liability coverage, including uninsured motorist coverage in the same amounts as provided by the lessee in the primary coverage;
(2) Approved Maryland self-insurance certification; or
(3) A surety bond on file with the Administration in the minimum amount of $500,000, including uninsured motorist coverage in the same amounts as provided by the lessee in the primary coverage.
**History**
- *Administrative History: Effective date: January 27, 1975 (2:3 Md. R. 153)*
- *Administrative History: Regulation .01 adopted effective January 23, 1981 (8:2 Md. R. 115)*
- *Administrative History: Regulation .01C amended effective November 26, 1990 (17:23 Md. R. 2733)*
- *Administrative History: Regulations .02—.05 adopted effective November 4, 1977 (4:23 Md. R. 1735)*
- *Administrative History: Regulation .02 amended effective December 9, 1991 (18:24 Md. R. 2645)*
- *Administrative History: Regulation .03 repealed effective November 26, 1990 (17:23 Md. R. 2733)*
- *Administrative History: Regulation .04 amended and recodified to Regulation .03 effective November 26, 1990 (17:23 Md. R. 2733)*
- *Administrative History: Regulation .03 amended effective December 9, 1991 (18:24 Md. R. 2645)*
- *Administrative History: Regulation .04 amended effective December 9, 1991 (18:24 Md. R. 2645)*
- *Administrative History: Regulation .04 repealed effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .05 repealed effective November 26, 1990 (17:23 Md. R. 2733)*
- *Administrative History: Regulation .06 adopted effective December 14, 1979 (6:25 Md. R. 1983)*
- *Administrative History: Regulation .06 recodified to Regulation .04 effective November 26, 1990 (17:23 Md. R. 2733)*
- *Authority: Transportation Article, §§12-104(b), 17-103, and 18-102, Annotated Code of Maryland*
## **11.18.02** Self-Insurers
##### **COMAR 11.18.02.01** Scope. {#sec-11.18.02.01 omnilex-key=us-md-regs-official--title-11--11.18.02.01}
These regulations are designed to govern all self-insurers in the State, except the federal government and the State government unless otherwise provided.
**History**
- *Administrative History: Effective date: December 1, 1973*
- *Administrative History: Amended effective July 21, 1976 (3:15 Md. R. 792)*
- *Administrative History: Regulations .01 and .02 amended effective February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Regulations .03 and .04 adopted effective February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Regulation .05 adopted effective October 31, 1988 (15:22 Md. R. 2558)*
- *Administrative History: Regulation .05A amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.07 adopted effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 5, 2011 (38:23 Md. R. 1417); amended permanently effective January 9, 2012 (38:27 Md. R. 1764)*
- *Administrative History: Regulation .02B amended effective February 10, 2020 (47:3 Md. R. 172)*
- *Administrative History: Regulation .03 amended effective February 10, 2020 (47:3 Md. R. 172)*
- *Administrative History: Regulation .08 adopted as an emergency provision effective October 5, 2011 (38:23 Md. R. 1417); amended permanently effective January 9, 2012 (38:27 Md. R. 1764)*
- *Authority: Transportation Article, §§12-104(b), 17-103, and 20-105.1, Annotated Code of Maryland*
##### **COMAR 11.18.02.02** Definitions. {#sec-11.18.02.02 omnilex-key=us-md-regs-official--title-11--11.18.02.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Class A self-insurer” means:
(a) A person or business, except taxicab operations, leasing or rental companies, and governmental entities; or
(b) An interstate trucking company in whose name less than 26 vehicles are registered as owner or lessee in this State, but which has a fleet of 26 or more registered vehicles.
(3) “Class B self-insurer” means a Maryland taxicab company.
(4) “Class C self-insurer” means:
(a) A public utility;
(b) A quasigovernmental agency, including a public entity as defined in Article 48A, §482B(a), Annotated Code of Maryland; or
(c) A local government.
(5) “Class D self-insurer” means a person in the business of leasing or renting vehicles.
(6) “Temporary substitute vehicle” means a vehicle acquired to temporarily replace a vehicle which is out of service.
**Cross References**
11.18.02.03B
**History**
- *Administrative History: Effective date: December 1, 1973*
- *Administrative History: Amended effective July 21, 1976 (3:15 Md. R. 792)*
- *Administrative History: Regulations .01 and .02 amended effective February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Regulations .03 and .04 adopted effective February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Regulation .05 adopted effective October 31, 1988 (15:22 Md. R. 2558)*
- *Administrative History: Regulation .05A amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.07 adopted effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 5, 2011 (38:23 Md. R. 1417); amended permanently effective January 9, 2012 (38:27 Md. R. 1764)*
- *Administrative History: Regulation .02B amended effective February 10, 2020 (47:3 Md. R. 172)*
- *Administrative History: Regulation .03 amended effective February 10, 2020 (47:3 Md. R. 172)*
- *Administrative History: Regulation .08 adopted as an emergency provision effective October 5, 2011 (38:23 Md. R. 1417); amended permanently effective January 9, 2012 (38:27 Md. R. 1764)*
- *Authority: Transportation Article, §§12-104(b), 17-103, and 20-105.1, Annotated Code of Maryland*
##### **COMAR 11.18.02.03** Conditions for Certification as a Self-Insurer. {#sec-11.18.02.03 omnilex-key=us-md-regs-official--title-11--11.18.02.03}
A. An applicant for certification as a self-insurer shall:
(1) Provide the same benefits required by Transportation Article, Title 17, Annotated Code of Maryland, and by a political subdivision, regulatory agency, or commission which regulates the self-insurer;
(2) File an application for Maryland self-insurance annually accompanied by:
(a) A nonrefundable actuarial fee as set forth in COMAR 11.11.05;
(b) A security of a type and amount acceptable to the Administration;
(c) A listing of vehicles that includes for each vehicle the:
(i) Make;
(ii) Model;
(iii) Year;
(iv) Vehicle identification number;
(v) Tag number; and
(vi) Title number; and
(d) Reviewed financial statements for the past 3 years prepared by a certified public accountant;
(3) Own or lease 26 or more vehicles directly or by an association approved by the Administration;
(4) Open its books and records to the Administration for audit and inspection as requested during normal business hours;
(5) Notify the Administration within 30 days of any material changes in management or of substantial financial changes having a negative effect on the applicant's net worth;
(6) Comply with applicable fair claim settlement practice regulations as set forth by the Maryland Insurance Administration in COMAR 31.15.07.03;
(7) Comply with all applicable rules and regulations as set forth by the Public Service Commission or the local jurisdiction;
(8) Upon demand, furnish to the Administration an audit of claims and reserves prepared in accordance with generally accepted accounting practices by an independent auditing firm or by the Administration at the expense of the Administration;
(9) Notify the Administration within 21 days of any transfer of a vehicle being transferred in or out of the self-insurance program; and
(10) File with the Administration, on forms approved by the Administration, accurate information on the permit holder, vehicle owner, and association to which they belong for each vehicle in the self-insurance program.
B. A replacement or newly acquired vehicle, as those terms are defined in the industry, or a temporary substitute vehicle as defined in Regulation .02 of this chapter, shall automatically be covered under the self-insurance agreement.
C. Each self-insurance certification expires annually on January 31.
**Cross References**
11.18.02.05C(1)
**History**
- *Administrative History: Effective date: December 1, 1973*
- *Administrative History: Amended effective July 21, 1976 (3:15 Md. R. 792)*
- *Administrative History: Regulations .01 and .02 amended effective February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Regulations .03 and .04 adopted effective February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Regulation .05 adopted effective October 31, 1988 (15:22 Md. R. 2558)*
- *Administrative History: Regulation .05A amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.07 adopted effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 5, 2011 (38:23 Md. R. 1417); amended permanently effective January 9, 2012 (38:27 Md. R. 1764)*
- *Administrative History: Regulation .02B amended effective February 10, 2020 (47:3 Md. R. 172)*
- *Administrative History: Regulation .03 amended effective February 10, 2020 (47:3 Md. R. 172)*
- *Administrative History: Regulation .08 adopted as an emergency provision effective October 5, 2011 (38:23 Md. R. 1417); amended permanently effective January 9, 2012 (38:27 Md. R. 1764)*
- *Authority: Transportation Article, §§12-104(b), 17-103, and 20-105.1, Annotated Code of Maryland*
##### **COMAR 11.18.02.04** Security Requirements for Self-Insurers. {#sec-11.18.02.04 omnilex-key=us-md-regs-official--title-11--11.18.02.04}
A. The Administration may require a deposit of:
(1) Money;
(2) An irrevocable letter of credit;
(3) Other securities as may be appropriate; or
(4) A surety bond, in a form and amount determined by the Administration as sufficient, to provide protection to the public.
B. An irrevocable letter of credit or a surety bond filed with the Administration shall include a provision that the Administration will receive notice of cancellation at least 30 days before the cancellation date.
C. Money, Securities, or Surety Bond.
(1) A deposit of money or securities may be used by the Administrator for outstanding unpaid final judgments against the named self-insured, within statutory limits.
(2) A deposit of money, securities, or a surety bond may be released only if the Administration is satisfied that all claims have been satisfied and that the applicable statutes of limitation have expired.
D. The minimum security for self-insurance certification required for each class of self-insurer is, for:
(1) Class A, security in the amount of $250,000;
(2) Class B, a dedicated claim reserve fund with a minimum balance of $250,000 and irrevocable letters of credit for $100,000 increased each year for 5 years, as shown below:
| Taxicabs | Letter of Credit or Surety Bond |
| --- | --- |
| (a) 26—50 | $30,000 the first year and $15,000 each year for years 2—5, |
| (b) 51—100 | $50,000 the first year and $25,000 each year for years 2—5, |
| (c) 101—200 | $70,000 the first year and $35,000 each year for years 2—5, |
| (d) 201—300 | $100,000 the first year and $50,000 each year for years 2—5, |
| (e) 301—400 | $130,000 the first year and $65,000 each year for years 2—5; |
(3) Class C, a letter of guarantee that any valid claims will be paid, signed by the chief executive and chief financial officers, or, in the case of a local government, the top elected official and the comptroller; and
(4) Class D, acceptable security in the amount of:
(a) $500,000; or
(b) $250,000, with an excess or reinsurance policy acceptable to the Administration.
E. The letters of credit required in §D(2) of this regulation shall:
(1) Be issued January 1 of each year,
(2) Be received by January 1 of each year,
(3) Be payable on demand to the Motor Vehicle Administration upon presentation of a final judgment against the named self-insured, within statutory limits, that remains unsatisfied, and
(4) Remain in effect for a period of 3 years after termination of self-insured status to cover claims that may be filed within the statutes of limitation, unless superseded by a bond or other evidence of financial security satisfactory to the Administration.
**Cross References**
11.18.02.05A(2)
**History**
- *Administrative History: Effective date: December 1, 1973*
- *Administrative History: Amended effective July 21, 1976 (3:15 Md. R. 792)*
- *Administrative History: Regulations .01 and .02 amended effective February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Regulations .03 and .04 adopted effective February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Regulation .05 adopted effective October 31, 1988 (15:22 Md. R. 2558)*
- *Administrative History: Regulation .05A amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.07 adopted effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 5, 2011 (38:23 Md. R. 1417); amended permanently effective January 9, 2012 (38:27 Md. R. 1764)*
- *Administrative History: Regulation .02B amended effective February 10, 2020 (47:3 Md. R. 172)*
- *Administrative History: Regulation .03 amended effective February 10, 2020 (47:3 Md. R. 172)*
- *Administrative History: Regulation .08 adopted as an emergency provision effective October 5, 2011 (38:23 Md. R. 1417); amended permanently effective January 9, 2012 (38:27 Md. R. 1764)*
- *Authority: Transportation Article, §§12-104(b), 17-103, and 20-105.1, Annotated Code of Maryland*
##### **COMAR 11.18.02.05** Grounds for Denial, Suspension, or Revocation. {#sec-11.18.02.05 omnilex-key=us-md-regs-official--title-11--11.18.02.05}
The self-insurance certificate of any self-insured may be suspended, cancelled, denied, or not renewed, after reasonable notice and opportunity to be heard, for the following reasons:
A. Failing to maintain:
(1) The security or bond required by the Administration,
(2) The dedicated claim reserve fund as established in Regulation .04 of this chapter,
(3) An adequate dollar reserve fund for open claims, or
(4) The information as set forth in the application and sworn to by the applicants;
B. Committing an unfair claim settlement practice as set forth in COMAR 31.15.07.03, when relevant and applicable as determined by the Administration;
C. Failing to:
(1) Make claim files available for inspection by authorized Administration personnel under Regulation .03A(4) of this chapter,
(2) Release information regarding open or closed claims to an authorized representative of the Administration,
(3) Respond to claimants and adjust claims in a timely manner, consistent with general automobile insurance industry standards,
(4) Cooperate in an audit or investigation conducted by Administration personnel during an audit of the self-insured's records or financial status, or
(5) Maintain proper proportional registration when applicable;
D. A determination by the Administration that the self-insured is financially insolvent or that the appropriate security levels have decreased to the point that the Administration determines there may be a diminishing level of protection afforded;
E. Knowingly allowing anyone to operate or to attempt to operate, or failing to take adequate precautions to reasonably limit access to operate, a vehicle insured under a self-insurance program in an unlawful manner or by a person not qualified to do so under the laws of Maryland.
**History**
- *Administrative History: Effective date: December 1, 1973*
- *Administrative History: Amended effective July 21, 1976 (3:15 Md. R. 792)*
- *Administrative History: Regulations .01 and .02 amended effective February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Regulations .03 and .04 adopted effective February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Regulation .05 adopted effective October 31, 1988 (15:22 Md. R. 2558)*
- *Administrative History: Regulation .05A amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.07 adopted effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 5, 2011 (38:23 Md. R. 1417); amended permanently effective January 9, 2012 (38:27 Md. R. 1764)*
- *Administrative History: Regulation .02B amended effective February 10, 2020 (47:3 Md. R. 172)*
- *Administrative History: Regulation .03 amended effective February 10, 2020 (47:3 Md. R. 172)*
- *Administrative History: Regulation .08 adopted as an emergency provision effective October 5, 2011 (38:23 Md. R. 1417); amended permanently effective January 9, 2012 (38:27 Md. R. 1764)*
- *Authority: Transportation Article, §§12-104(b), 17-103, and 20-105.1, Annotated Code of Maryland*
##### **COMAR 11.18.02.06** Appeals and Hearings. {#sec-11.18.02.06 omnilex-key=us-md-regs-official--title-11--11.18.02.06}
A. Appeals of decisions related to the self-insurance program shall be submitted in writing to the Self-Insurance Program Manager, by registered or certified mail.
B. A hearing on a contested decision of the Self-Insurance Program Manager shall be conducted in accordance with the procedures in COMAR 11.11.02.
**History**
- *Administrative History: Effective date: December 1, 1973*
- *Administrative History: Amended effective July 21, 1976 (3:15 Md. R. 792)*
- *Administrative History: Regulations .01 and .02 amended effective February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Regulations .03 and .04 adopted effective February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Regulation .05 adopted effective October 31, 1988 (15:22 Md. R. 2558)*
- *Administrative History: Regulation .05A amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.07 adopted effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 5, 2011 (38:23 Md. R. 1417); amended permanently effective January 9, 2012 (38:27 Md. R. 1764)*
- *Administrative History: Regulation .02B amended effective February 10, 2020 (47:3 Md. R. 172)*
- *Administrative History: Regulation .03 amended effective February 10, 2020 (47:3 Md. R. 172)*
- *Administrative History: Regulation .08 adopted as an emergency provision effective October 5, 2011 (38:23 Md. R. 1417); amended permanently effective January 9, 2012 (38:27 Md. R. 1764)*
- *Authority: Transportation Article, §§12-104(b), 17-103, and 20-105.1, Annotated Code of Maryland*
##### **COMAR 11.18.02.07** Notifications and Filings. {#sec-11.18.02.07 omnilex-key=us-md-regs-official--title-11--11.18.02.07}
A. Correspondence, notifications, and inquiries pertaining to this chapter shall be addressed to the Manager, Self-Insurance Program, Maryland Motor Vehicle Administration, 6601 Ritchie Highway, N.E., Glen Burnie, MD 21062.
B. Notifications regarding security expirations, cancellations, or terminations shall be sent by certified mail, and shall contain the name and certificate number of the self-insured.
**History**
- *Administrative History: Effective date: December 1, 1973*
- *Administrative History: Amended effective July 21, 1976 (3:15 Md. R. 792)*
- *Administrative History: Regulations .01 and .02 amended effective February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Regulations .03 and .04 adopted effective February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Regulation .05 adopted effective October 31, 1988 (15:22 Md. R. 2558)*
- *Administrative History: Regulation .05A amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.07 adopted effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 5, 2011 (38:23 Md. R. 1417); amended permanently effective January 9, 2012 (38:27 Md. R. 1764)*
- *Administrative History: Regulation .02B amended effective February 10, 2020 (47:3 Md. R. 172)*
- *Administrative History: Regulation .03 amended effective February 10, 2020 (47:3 Md. R. 172)*
- *Administrative History: Regulation .08 adopted as an emergency provision effective October 5, 2011 (38:23 Md. R. 1417); amended permanently effective January 9, 2012 (38:27 Md. R. 1764)*
- *Authority: Transportation Article, §§12-104(b), 17-103, and 20-105.1, Annotated Code of Maryland*
##### **COMAR 11.18.02.08** Self-Insurance Card. {#sec-11.18.02.08 omnilex-key=us-md-regs-official--title-11--11.18.02.08}
A. For the purposes of this regulation, self-insurers include:
(1) The State Government;
(2) Class A self-insurers;
(3) Class B self-insurers;
(4) Class C self-insurers; and
(5) Class D self-insurers.
B. Upon approval in the program, or a change in the self-insurer’s third-party administrator or third party-adjuster, each self-insurer shall provide the Administration the self-insurer’s third-party administrator’s or third-party adjuster’s:
(1) Name;
(2) Address; and
(3) Telephone number.
C. The Administration shall provide to self-insurers, in a format determined by the Administration, self-insurance certification for each vehicle upon:
(1) Initial registration into the program;
(2) Renewal; and
(3) Additions to the self-insurer’s vehicle fleet.
D. The self-insurer’s insurance card shall include the self-insurer’s:
(1) Name;
(2) Address;
(3) Certificate number;
(4) Self-insurer’s third-party administrator’s or third-party adjuster’s:
(a) Name;
(b) Address;
(c) Telephone number;
(5) Vehicle identification number; and
(6) Any other relevant information.
E. Each self-insurer shall maintain, in each self-insured vehicle:
(1) A self-insurance card; or
(2) Evidence of self-insurance containing the information required by §D of this regulation, in a format approved by the Administration.
F. Each self-insurer shall have a 60-day grace period for newly acquired vehicles or vehicles for which there has been a change of self-insurer, allowing time for the Administration to provide the self-insurance card. During that time, for proof of self-insurance, the self-insurers shall maintain a copy of the self-insurer’s certificate in the vehicle.
**History**
- *Administrative History: Effective date: December 1, 1973*
- *Administrative History: Amended effective July 21, 1976 (3:15 Md. R. 792)*
- *Administrative History: Regulations .01 and .02 amended effective February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Regulations .03 and .04 adopted effective February 4, 1976 (3:3 Md. R. 153)*
- *Administrative History: Regulation .05 adopted effective October 31, 1988 (15:22 Md. R. 2558)*
- *Administrative History: Regulation .05A amended effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.05 repealed and new Regulations .01—.07 adopted effective February 27, 1995 (22:4 Md. R. 237)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 5, 2011 (38:23 Md. R. 1417); amended permanently effective January 9, 2012 (38:27 Md. R. 1764)*
- *Administrative History: Regulation .02B amended effective February 10, 2020 (47:3 Md. R. 172)*
- *Administrative History: Regulation .03 amended effective February 10, 2020 (47:3 Md. R. 172)*
- *Administrative History: Regulation .08 adopted as an emergency provision effective October 5, 2011 (38:23 Md. R. 1417); amended permanently effective January 9, 2012 (38:27 Md. R. 1764)*
- *Authority: Transportation Article, §§12-104(b), 17-103, and 20-105.1, Annotated Code of Maryland*
## **11.18.03** Adjustment of Uninsured Motorist Penalty Fee for Lapse of Insurance
##### **COMAR 11.18.03.01** Purpose. {#sec-11.18.03.01 omnilex-key=us-md-regs-official--title-11--11.18.03.01}
This chapter establishes guidelines for determining when a penalty assessed under Transportation Article, §17-106(e), Annotated Code of Maryland, may be adjusted.
**History**
- *Administrative History: Effective date: August 7, 1989 (16:15 Md. R. 1651)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2756); June 18, 2007 (34:12 Md. R. 1067)*
- *Administrative History: Regulation .02F amended effective November 13, 2000 (27:22 Md. R. 2061)*
- *Administrative History: Regulation .02 amended effective June 18, 2007 (34:12 Md. R. 1067)*
- *Administrative History: Regulation .03 amended effective June 18, 2007 (34:12 Md. R. 1067)*
- *Authority: Transportation Article, §§12-104(b) and 17-106(e), Annotated Code of Maryland*
##### **COMAR 11.18.03.02** Adjustment of Penalty Assessment. {#sec-11.18.03.02 omnilex-key=us-md-regs-official--title-11--11.18.03.02}
The penalty may be adjusted in the following situations, upon presentation of:
A. Written verification from a licensed insurance company that the insurance company has erred;
B. Written verification from a licensed insurance company that the vehicle was insured during the entire period in question;
C. A certified statement and evidence acceptable to the Administration from the vehicle owner that the vehicle:
(1) Was not operated during the period of lapse;
(2) Was not involved in an accident or collision during the period of lapse;
(3) Was not issued a citation during the period of lapse; and
(4) Had no prior insurance lapse; or
D. Written verification from the Maryland Insurance Administration that the vehicle owner, with good intent to be insured, paid the proper premiums to an insurance agent, insurance broker, or insurance company, who failed to provide motor vehicle liability insurance.
**Cross References**
11.18.03.03
**History**
- *Administrative History: Effective date: August 7, 1989 (16:15 Md. R. 1651)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2756); June 18, 2007 (34:12 Md. R. 1067)*
- *Administrative History: Regulation .02F amended effective November 13, 2000 (27:22 Md. R. 2061)*
- *Administrative History: Regulation .02 amended effective June 18, 2007 (34:12 Md. R. 1067)*
- *Administrative History: Regulation .03 amended effective June 18, 2007 (34:12 Md. R. 1067)*
- *Authority: Transportation Article, §§12-104(b) and 17-106(e), Annotated Code of Maryland*
##### **COMAR 11.18.03.03** Condition of Acceptance. {#sec-11.18.03.03 omnilex-key=us-md-regs-official--title-11--11.18.03.03}
Prior to an adjustment under Regulation .02 of this chapter, the Administration shall review all information submitted and may conduct an investigation to verify its accuracy.
**History**
- *Administrative History: Effective date: August 7, 1989 (16:15 Md. R. 1651)*
- *Administrative History: Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2756); June 18, 2007 (34:12 Md. R. 1067)*
- *Administrative History: Regulation .02F amended effective November 13, 2000 (27:22 Md. R. 2061)*
- *Administrative History: Regulation .02 amended effective June 18, 2007 (34:12 Md. R. 1067)*
- *Administrative History: Regulation .03 amended effective June 18, 2007 (34:12 Md. R. 1067)*
- *Authority: Transportation Article, §§12-104(b) and 17-106(e), Annotated Code of Maryland*
## **11.18.04** Reporting Requirements for Lapse or Termination of Required Security
##### **COMAR 11.18.04.01** Scope. {#sec-11.18.04.01 omnilex-key=us-md-regs-official--title-11--11.18.04.01}
These regulations apply to mandatory electronic reporting of policies of security and the mandatory electronic Online Insurance Verification (OLV) program operated by the Administration for the purpose of verifying insurance policies in real time.
**History**
- *Administrative History: Effective date: October 9, 1995 (22:20 Md. R. 1545)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 1. 2012 (39:20 Md. R. 1304); amended permanently effective January 7, 2013 (39:26 Md. R. 1665)*
- *Administrative History: Regulation .01 amended effective March 17, 2025 (52:5 Md. R. 237)*
- *Administrative History: Regulation .02B amended as an emergency provision effective October 1. 2012 (39:20 Md. R. 1304); amended permanently effective January 7, 2013 (39:26 Md. R. 1665)*
- *Administrative History: Regulation .02B amended effective March 17, 2025 (52:5 Md. R. 237)*
- *Administrative History: Regulation .03 amended effective July 23, 2001 (28:14 Md. R. 1323); March 17, 2025 (52:5 Md. R. 237)*
- *Administrative History: Regulation .03 amended as an emergency provision effective October 1. 2012 (39:20 Md. R. 1304); amended permanently effective January 7, 2013 (39:26 Md. R. 1665)*
- *Administrative History: Regulation .04 adopted effective March 17, 2025 (52:5 Md. R. 237)*
- *Authority: Transportation Article, §§12-104(b), 17-101, 17-103, 17-104, and 17-106; Insurance Article, §27-611; Annotated Code of Maryland*
##### **COMAR 11.18.04.02** Definitions. {#sec-11.18.04.02 omnilex-key=us-md-regs-official--title-11--11.18.04.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Fleet policy” has the meaning as stated in Transportation Article, §17-101, Annotated Code of Maryland.
(3) “Insurance companies” or “insurer” means licensed Maryland providers of required security as defined in Transportation Article, §17-101, Annotated Code of Maryland.
(4) “Online Insurance Verification (OLV)” means a program operated by the Administration for the purpose of verifying insurance policies in real time.
(5) “Policy” or “Policies” means a vehicle policy or binder for required security as defined by Transportation Article, §17-101(d), Annotated Code of Maryland, issued by an insurer or other provider of required security.
**History**
- *Administrative History: Effective date: October 9, 1995 (22:20 Md. R. 1545)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 1. 2012 (39:20 Md. R. 1304); amended permanently effective January 7, 2013 (39:26 Md. R. 1665)*
- *Administrative History: Regulation .01 amended effective March 17, 2025 (52:5 Md. R. 237)*
- *Administrative History: Regulation .02B amended as an emergency provision effective October 1. 2012 (39:20 Md. R. 1304); amended permanently effective January 7, 2013 (39:26 Md. R. 1665)*
- *Administrative History: Regulation .02B amended effective March 17, 2025 (52:5 Md. R. 237)*
- *Administrative History: Regulation .03 amended effective July 23, 2001 (28:14 Md. R. 1323); March 17, 2025 (52:5 Md. R. 237)*
- *Administrative History: Regulation .03 amended as an emergency provision effective October 1. 2012 (39:20 Md. R. 1304); amended permanently effective January 7, 2013 (39:26 Md. R. 1665)*
- *Administrative History: Regulation .04 adopted effective March 17, 2025 (52:5 Md. R. 237)*
- *Authority: Transportation Article, §§12-104(b), 17-101, 17-103, 17-104, and 17-106; Insurance Article, §27-611; Annotated Code of Maryland*
##### **COMAR 11.18.04.03** Reporting Guidelines. {#sec-11.18.04.03 omnilex-key=us-md-regs-official--title-11--11.18.04.03}
A. Required Reporting. Insurance companies shall report on at least a weekly basis and according to the timeline determined by the Administration, all active policies in an electronic format determined by the Administration.
B. Except for fleet policies as provided in §C of this regulation, notifications of all policies, shall include:
(1) The name of the insured;
(2) The Maryland driver's license number of the insured or FEIN if the insured is a business;
(3) The make of the vehicle;
(4) The model year of the vehicle;
(5) The vehicle identification number (VIN);
(6) The current policy number; and
(7) The effective date of the policy.
C. For fleet policies, reporting shall include:
(1) Company additions and deletions; and
(2) Policy number changes.
D. Rejected Notifications.
(1) The Administration shall reject notifications of all active policies which do not include all of the items specified in §B of this regulation.
(2) The insurer shall resubmit notifications rejected under the provisions of §D(1) of this regulation to the Administration by the date of the next regular file submission.
E. The insurer shall provide, at each occurrence when the required security will terminate or be canceled, timely notification to the insured of the penalties that may be imposed by the Administration in accordance with Transportation Article, §17-106, Annotated Code of Maryland, for their failure to return evidence of registration when the required security has ended and is not replaced. The notice shall include the following statements:
(1) “The registration plates must be returned to the Motor Vehicle Administration on or before the date the insurance policy expires or is canceled”; and
(2) “Failure to return the registration plates may result in an uninsured motorist penalty fine which is assessed at a rate of $200 for the first 30 days and is increased by $7 each day thereafter until the insurance is replaced or the registration plates are returned. The uninsured motorist penalty fine is assessed per vehicle.”
F. Insurance companies shall report, maintain, and update contact information, in a format required by the Administration, for the purpose of establishing and maintaining a database containing the proper address for providing notice to an insurer under Transportation Article §21–10A–04, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: October 9, 1995 (22:20 Md. R. 1545)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 1. 2012 (39:20 Md. R. 1304); amended permanently effective January 7, 2013 (39:26 Md. R. 1665)*
- *Administrative History: Regulation .01 amended effective March 17, 2025 (52:5 Md. R. 237)*
- *Administrative History: Regulation .02B amended as an emergency provision effective October 1. 2012 (39:20 Md. R. 1304); amended permanently effective January 7, 2013 (39:26 Md. R. 1665)*
- *Administrative History: Regulation .02B amended effective March 17, 2025 (52:5 Md. R. 237)*
- *Administrative History: Regulation .03 amended effective July 23, 2001 (28:14 Md. R. 1323); March 17, 2025 (52:5 Md. R. 237)*
- *Administrative History: Regulation .03 amended as an emergency provision effective October 1. 2012 (39:20 Md. R. 1304); amended permanently effective January 7, 2013 (39:26 Md. R. 1665)*
- *Administrative History: Regulation .04 adopted effective March 17, 2025 (52:5 Md. R. 237)*
- *Authority: Transportation Article, §§12-104(b), 17-101, 17-103, 17-104, and 17-106; Insurance Article, §27-611; Annotated Code of Maryland*
##### **COMAR 11.18.04.04** Online Insurance Verification Participation and Program Requirements. {#sec-11.18.04.04 omnilex-key=us-md-regs-official--title-11--11.18.04.04}
A. Required Participation. All insurance companies shall:
(1) Participate in the Administration’s OLV program; and
(2) Support a program where the Administration can electronically access the book of business of insured vehicles at any time.
B. Program Requirements. The OLV Program will consist of the following:
(1) The Administration will electronically send an inquiry to an insurance company in real time which will include information required by the Administration.
(2) Insurance companies shall use the data provided by the Administration to determine the policy status on the verification date and return an electronic response, automatically, in real time to the Administration in an electronic format determined by the Administration.
(3) The response from the insurance company shall be used to validate or remove the existing policy in the records of the Administration.
(4) The Administration will determine the status of a reported insurance policy at intervals determined by the Administration.
**History**
- *Administrative History: Effective date: October 9, 1995 (22:20 Md. R. 1545)*
- *Administrative History: Regulation .01 amended as an emergency provision effective October 1. 2012 (39:20 Md. R. 1304); amended permanently effective January 7, 2013 (39:26 Md. R. 1665)*
- *Administrative History: Regulation .01 amended effective March 17, 2025 (52:5 Md. R. 237)*
- *Administrative History: Regulation .02B amended as an emergency provision effective October 1. 2012 (39:20 Md. R. 1304); amended permanently effective January 7, 2013 (39:26 Md. R. 1665)*
- *Administrative History: Regulation .02B amended effective March 17, 2025 (52:5 Md. R. 237)*
- *Administrative History: Regulation .03 amended effective July 23, 2001 (28:14 Md. R. 1323); March 17, 2025 (52:5 Md. R. 237)*
- *Administrative History: Regulation .03 amended as an emergency provision effective October 1. 2012 (39:20 Md. R. 1304); amended permanently effective January 7, 2013 (39:26 Md. R. 1665)*
- *Administrative History: Regulation .04 adopted effective March 17, 2025 (52:5 Md. R. 237)*
- *Authority: Transportation Article, §§12-104(b), 17-101, 17-103, 17-104, and 17-106; Insurance Article, §27-611; Annotated Code of Maryland*
## **11.19** MOTOR VEHICLE ADMINISTRATION — SCHOOL VEHICLES
### **11.19.01** Definitions Applicable to Type I and Type II School Vehicles
##### **COMAR 11.19.01.01** Definitions. {#sec-11.19.01.01 omnilex-key=us-md-regs-official--title-11--11.19.01.01}
A. In this subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Average actual gross vehicle weight” means the sum of the average chassis weight, plus average body weight, plus 150 pounds for the driver's weight, plus the total seated pupil weight, based on 120 pounds per pupil.
(3) “Body-on-chassis type” means a vehicle constructed by mounting a vehicle body on a truck or other specific designed chassis.
(4) “Gross axle weight rating (GAWR)” means the value specified by the vehicle manufacturer as the load carrying capacity of a single axle system measured at the tire ground interfaces.
(5) “Gross vehicle weight rating (GAWR)” means the value specified by the manufacturer as the loaded weight of a single vehicle.
(6) “Integral bus type” means a vehicle manufactured as an integral unit and not constructed as a separate body and chassis.
(7) “Nonflexible exhaust pipe” means a solid exhaust pipe or a bendable ripple exhaust pipe with welded seams.
(8) “Recommended chassis manufacturer's rated gross vehicle weight” means the weight assigned to the complete vehicle.
(9) “Residential special education vehicles” means school vehicles that transport pupils who live on campus.
(10) “School vehicle alternately flashing signal lamps” are:
(a) Amber signal lamps mounted horizontally in the front and rear of the school vehicle which are intended to identify a vehicle as a school vehicle and to inform other highway users that the vehicle is about to stop on the highway to board or discharge school children;
(b) Red signal lamps mounted horizontally in the front and rear of the school vehicle which are intended to identify a vehicle as a school vehicle and to inform other highway users that the vehicle is stopped on the highway to board or discharge school children.
(11) Type I School Vehicle.
(a) “Type I school vehicle” means a school vehicle that:
(i) Is designed and constructed to carry passengers;
(ii) Is either of the body-on-chassis type construction or integral type construction; and
(iii) Has a GVW of more than 15,000 pounds and provides a minimum of 13 inches of seating space per passenger.
(b) “Type I school vehicle” does not include any vehicle operated by a common carrier under the jurisdiction of a state, regional, or federal regulatory agency or operated by the agency itself.
(12) “Type II school vehicle” means a school vehicle that:
(a) Is designed and constructed to carry passengers;
(b) Is either of the body-on-chassis type construction or integral type construction; and
(c) Has a GVW of 15,000 pounds or less and provides a minimum of 13 inches of seating space per passenger.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .05 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.09 repealed and new Regulation .01 adopted effective*
- *Administrative History: June 1, 1987 (14:11 Md. R. 1260)*
- *Administrative History: Regulation .01 amended effective June 27, 1988 (15:13 Md. R. 1557); December 15, 1997 (24:25 Md. R. 1719); April 2, 2001 (28:06 Md. R. 621)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
### **11.19.02** Type I School Vehicles — Construction Standards
##### **COMAR 11.19.02.01** Scope. {#sec-11.19.02.01 omnilex-key=us-md-regs-official--title-11--11.19.02.01}
This chapter is intended to provide minimum standards for the design, construction, and equipment of Type I school vehicles manufactured for sale in Maryland. These regulations are intended to enhance 49 CFR standards. When CFR standards supersede Maryland standards, CFR standards are to be used to construct Maryland-certified school vehicles.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.01-1** Incorporation by Reference. {#sec-11.19.02.01-1 omnilex-key=us-md-regs-official--title-11--11.19.02.01-1}
A. In this chapter, the following documents are incorporated by reference.
B. Documents Incorporated.
(1) 49 CFR §393.65 All fuel systems, as amended.
(2) 49 CFR §393.67 Liquid fuel tanks, as amended.
(3) 49 CFR §393.77 Heaters, as amended.
(4) 49 CFR §571.101 Controls and displays, as amended.
(5) 49 CFR §571.102 Transmission shift position sequence, starter interlock, and transmission braking effect, as amended.
(6) 49 CFR §571.103 Windshield defrosting and defogging systems, as amended.
(7) 49 CFR §571.104 Windshield wiping and washing systems, as amended.
(8) 49 CFR §571.105 Hydraulic and electric brake systems, as amended.
(9) 49 CFR §571.108 Lamps, reflective devices, and associated equipment, as amended.
(10) 49 CFR §571.111 Rearview mirrors, as amended.
(11) 49 CFR §571.114 Theft protection and rollaway prevention, as amended.
(12) 49 CFR §571.116 Motor vehicle brake fluids, as amended.
(13) 49 CFR §571.119 New pneumatic tires for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds) and motorcycles, as amended.
(14) 49 CFR §571.120 Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity 49 CFR information for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds), as amended.
(15) 49 CFR §571.131 School bus pedestrian safety devices, as amended.
(16) 49 CFR §571.205 Glazing materials, as amended.
(17) 49 CFR §571.208 Occupant crash protection, as amended.
(18) 49 CFR §571.209 Seat belt assemblies, as amended.
(19) 49 CFR §571.210 Seat belt assembly anchorages, as amended.
(20) 49 CFR §571.121 Air brake systems, as amended.
(21) 49 CFR §571.217 Bus emergency exits and window retention and release, as amended.
(22) 49 CFR §571.220 School bus rollover protection, as amended.
(23) 49 CFR §571.221 School bus body joint strength, as amended.
(24) 49 CFR §571.222 School bus passenger seating and crash protection, as amended.
(25) 49 CFR §571.301 Fuel system integrity, as amended.
(26) 49 CFR §571.302 Flammability of interior materials, as amended. Repeal effective January 1, 2014 pursuant to Chapter 453, Acts of 2011.
(27) 49 CFR §571.303 Fuel system integrity of compressed natural gas vehicles, as amended.
(28) 49 CFR §571.304 Compressed natural gas fuel container integrity, as amended.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.02** Certification. {#sec-11.19.02.02 omnilex-key=us-md-regs-official--title-11--11.19.02.02}
A. The Administration may not title or register any school vehicle manufactured on or after December 31, 1972, unless the manufacturer has on file at the Administration a certification that the vehicles are in full compliance with the regulations applicable to school vehicles manufactured after December 31, 1972. This certification shall be in a form prescribed by the Administration.
B. Each vehicle manufacturer or distributor of vehicles of a type subject to the regulations that are to be sold or distributed in this State shall certify to the Administration that all vehicles to be sold or distributed are in compliance with the provisions of this regulation for the year of manufacture. The certification shall be:
(1) Filed annually.
(2) Filed before introduction of new model.
C. School vehicles shall meet standards for the year of manufacture. Contact the School Vehicle Safety Section, Motor Vehicle Administration, 6601 Ritchie Highway N.E., Glen Burnie, Maryland 21062, before purchase of the school vehicle for a physical inspection of the vehicle to determine if these school vehicles meet the standards during the year of manufacture.
D. A metal plate stamped or embossed signifying body compliance with this regulation shall be posted by the body manufacturer in the area above the driver's seating position visible to all inspectors. This certification plate shall have MD following the serial number to indicate compliance with construction standards for the State of Maryland.
E. A tamper-proof, self-adhesive label with a clear surface that will not be damaged by moisture or cleaning solvents may be used in place of the metal plate. Upon return of the damaged or unreadable label, the manufacturer shall supply a new label to the owner.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.03** Bumpers. {#sec-11.19.02.03 omnilex-key=us-md-regs-official--title-11--11.19.02.03}
A. The front bumper shall be of heavy duty steel channel, or equivalent, at least 3/16-inch thickness and not less than a 9-inch face, painted black, and shall extend around the outer edges of the fender. Bumper and bumper supports shall be of sufficient strength to permit towing or pushing by another vehicle without damage. The front bumper shall be furnished by the manufacturer.
B. The rear bumper shall be of 3/16-inch pressed steel channel, or equivalent, and shall have not less than a 9-inch face. It shall wrap around the back corners of the bus and shall extend forward at least 12 inches measured from the rearmost point of the body at the floor line.
C. The rear bumper shall be furnished by the manufacturer and shall be attached directly to the frame with the following provisions:
(1) Ease in removal;
(2) Prevent hitching to or riding on it;
(3) Braced to develop the full strength of the bumper section against side or rear impact; and
(4) Permit bus to be pushed by another vehicle without permanent distortion.
D. The rear bumper shall extend beyond the rearmost part of the body surface at least 1 inch, measured at the floor line.
E. Only bumpers approved by the Administration may be used.
F. Tow eyes or hooks may be furnished front and rear and attached so as not to project beyond the front or rear bumpers. Tow eyes or hooks attached to the frame (chassis) shall be furnished by the chassis manufacturer.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.04** Brakes — General, Hydraulic, Air Brake. {#sec-11.19.02.04 omnilex-key=us-md-regs-official--title-11--11.19.02.04}
A. General. The brake system:
(1) Shall be designed and constructed so that a single failure anywhere in the brake system, except for mechanical parts of the wheel brake assemblies, the brake pedal, and the brake pedal attachment to the brake valves or the master cylinder, does not leave the vehicle without brakes; and
(2) May not allow the vehicle to be without operative brakes capable of stopping the vehicle when loaded to the manufacturer's rated gross vehicle weight at any legal road speed.
B. Hydraulic.
(1) Buses using a vacuum in operation of the brake system shall be equipped with warning signals, readily audible and visible to the driver, which shall provide a continuous warning when the vacuum for braking is less than 8 inches of mercury. An illuminated gauge shall indicate to the driver the inches of mercury/vacuum available for operation of the brakes.
(2) Vacuum assist brake systems shall have a reservoir used exclusively for brakes and shall be adequate to ensure loss in vacuum at full stroke application of not more than 30 percent, with the engine not running. The brake system on gas-powered engines shall include suitable and convenient connections for the installation of a separate vacuum reservoir.
(3) The brake system dry reservoir shall be safeguarded by a check valve or equivalent device. In the event of failure or leakage in its connection to the source of compressed air or vacuum, the stored dry air or vacuum may not be depleted by leakage or failure.
(4) Buses using a hydraulic assist booster in the operation of the brake system shall be equipped with warning signals, readily audible and visible to the driver, that shall provide continuous warning in event of a loss of fluid from the primary source or loss of electric power in the back-up system.
(5) Brake lines, plus booster assist lines, shall be:
(a) Protected from excessive heat and vibration;
(b) Installed to prevent chafing, cutting, or stretching.
(6) The parking brake system shall be designed and assembled to meet the following requirements:
(a) The parking brake shall hold the vehicle stationary or to the limit of traction on braked wheels, on a 20 percent grade under any condition of legal loading on a surface free from snow, ice, or loose material;
(b) When applied, the parking brake shall remain in the applied position with the capability as set forth in this regulation, despite exhaustion of the source of energy used for application or leakage;
(c) The parking brake control mechanism:
(i) May be mounted on the dash or on the floor,
(ii) Shall be readily available to the driver, and
(iii) When in the applied position, may not protrude into the walkway; and
(d) If floor mounted, there shall be a minimum 30-inch walkway measured from the barrier to the parking brake mechanism.
(7) A drive-line type parking brake shall have a conveniently mounted control to apply and release.
(8) A manual release shall be provided in cases when hydraulic pressure cannot be built up to release the brake.
(9) A warning light shall be provided to alert the driver that the parking brake is or is not applied.
C. Air Brakes.
(1) Vehicles having full air brake systems shall be equipped with:
(a) A safety valve to protect the air system against excessive air pressure build-up;
(b) An illuminated air gauge in the instrument panel to register the air system pressure, with an audible and visual low pressure indicator to warn the operator when air pressure falls below 60 pounds per square inch; and
(c) A warning light to alert the driver that the parking brake is applied.
(2) Vehicles having full air brake systems shall be equipped with a check valve located between the source of air supply and reservoir.
(3) Brake lines shall be:
(a) Protected from excessive heat and vibration; and
(b) Installed to prevent chafing, rubbing, or stretching.
(4) Minimum brake lining size shall be 16.5 by 6 inches rear and 15 by 3.5 inches front.
(5) A fail-safe emergency brake system shall have a spring actuated chamber attached to rear brakes and shall automatically apply rear brakes upon loss of air.
(6) A brake system shall be of sufficient capacity for at least three brake applications and release after an engine stall.
(7) A manual control shall be installed in the driver's compartment, located so as not in reach of pupils to be readily available to the driver for emergency stopping or parking.
(8) If a treadle type is supplied, the treadle shall be either rubber covered or of a nonslip design and mounted directly on a valve. Treadle combination valves, involving linkages between valve body and pedal, are not permitted.
(9) Air lines, wires, etc., are to be supported or enclosed within the driver's compartment to protect against abnormal wear or damage.
(10) Rear air chambers are to be mounted in front of the rear axle.
(11) The system shall be equipped with an automatic, electrically heated drain system, with either an automatic drain valve or air dryer.
(12) The control of the emergency stopping system shall be designed and constructed to prevent release of brakes by the driver unless energy is available for reapplication.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.05** Drive Train. {#sec-11.19.02.05 omnilex-key=us-md-regs-official--title-11--11.19.02.05}
A. Axles.
(1) The front and rear axles, including suspension assemblies, shall have a gross axle weight rating at least equal to that portion of the load as would be imposed by the chassis manufacturer's maximum gross vehicle weight rating.
(2) The rear axle shall be of the full-floating type. The rear suspension assembly shall have a gross weight rating at ground equal to or exceeding that portion of the total load as would be imposed by the manufacturer's maximum gross vehicle weight rating.
B. Air Cleaner. The engine intake air cleaner shall be furnished and properly installed by the chassis manufacturer to meet engine specifications.
C. Heater Outlets. The chassis engine shall provide inlet and outlet holes in which heavy duty cut-off valves shall be installed in accessible locations for attachment of the bus heating system water lines.
D. Oil Filter. An engine mounted filter shall be provided by the engine manufacturer.
E. Transmission. A transmission shall have a minimum of four forward speeds and one reverse speed.
F. Drive Shaft. Each segment of the drive shaft shall be equipped with a suitable guard to control its motion and prevent accident or injury in the event of its fracture or disconnection.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.06** Electrical (Chassis Wiring). {#sec-11.19.02.06 omnilex-key=us-md-regs-official--title-11--11.19.02.06}
A. The chassis wiring system shall be of sufficient capacity to meet the electrical demand of the vehicle. Chassis and body wiring shall be protected with circuit breakers or field effect transistors.
B. Battery or Batteries.
(1) The storage battery or batteries shall:
(a) Be furnished by the chassis manufacturer;
(b) Be of sufficient capacity to supply all electrical requirements; and
(c) Have at least a total of 1,000 cold cranking amperes measured at 0°F.
(2) Mounting.
(a) The battery or batteries shall be mounted on the outside of the engine compartment.
(b) The body manufacturer shall permanently mount the battery or batteries on a sliding tray.
(c) One-piece 00 gauge battery cables shall be provided by the manufacturer. The cables shall be of a length to permit the full travel of the battery and tray.
(d) The battery cables, if passed through holes in metal, shall be protected by nonconductive grommets.
(e) The battery or batteries may be mounted in the engine compartment on rear-engine vehicles.
C. Alternator. The alternator shall be of sufficient output to meet the electrical demand of the vehicle. A dual belt drive or equivalent shall be used.
D. Voltmeter. A graduated voltmeter is required.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.07** Exhaust System. {#sec-11.19.02.07 omnilex-key=us-md-regs-official--title-11--11.19.02.07}
A. The exhaust system shall include the:
(1) Exhaust manifold and gaskets; and
(2) Piping leading from the flange of the exhaust manifold, to and including the muffler or mufflers and exhaust pipes.
B. The system may not extend into the body and shall be attached to the chassis.
C. Exhaust Pipes.
(1) The exhaust pipe shall be of nonflexible 16-gauge steel. An Original Equipment Manufacture flexible pipe or its equivalent not longer than 24 inches in length may be used at the front of the system at or near the turbocharger.
(2) The exhaust pipe shall exit the rear of the bus on either the left or right side of the emergency door.
(3) The exhaust pipe may not exit through or be attached to the bumper.
D. The complete exhaust system shall be tight and free from leaks, shall be properly insulated from the electrical wiring or any combustible part of the bus, and may not pass within 12 inches of the gasoline fuel tank or its connections unless a suitable heat baffle is installed between the exhaust system and gasoline fuel tank. A shield is not required between the diesel tank and exhaust. A part of the exhaust system may not pass within 12 inches of any flexible brake or diesel fuel line unless a suitable heat baffle is installed between the exhaust system and flexible brake or diesel fuel line.
E. The exhaust system noise level may not exceed the levels in COMAR 11.14.07.08.
F. The manufacturer shall provide the proper size exhaust pipes. Replacement pipes shall be of the same diameter.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.08** Fenders and Hood (Chassis Sheet Metal). {#sec-11.19.02.08 omnilex-key=us-md-regs-official--title-11--11.19.02.08}
A. The total width of outer edges of front fenders, measured at the fender line, shall exceed the total width of front tires when wheels are in a straight ahead position.
B. Front fenders shall be properly braced and free from body attachments.
C. The chassis manufacturer shall provide a metal or fiberglass fender extension or flap to extend downward to the lowest edge of body.
D. Openings in the floorboard or firewall between the chassis and passenger carrying compartment, such as for the gearshift lever and the auxiliary brake lever, shall be sealed.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.09** Frame. {#sec-11.19.02.09 omnilex-key=us-md-regs-official--title-11--11.19.02.09}
A. The frame or its equivalent shall be of such design as to correspond at least to the standard practice for trucks of the same general load characteristics which are used for severe service.
B. The chassis frame shall extend at least to the rear edge of the rear body cross-member. Alteration in the length of the frame shall be made only behind the rear hangers of the rear springs and may not be for the purpose of extending the wheel base. Any alterations to the frame shall be made only when designed and guaranteed by the original chassis or body manufacturer.
C. When frame side members are used, they shall be of one-piece construction. If frame side members are extended, the extension shall be designed and furnished by the chassis or body manufacturer with his guarantee, and installation shall be made by either the chassis or the body manufacturer and guaranteed by the company making the installation.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.10** Fuel System. {#sec-11.19.02.10 omnilex-key=us-md-regs-official--title-11--11.19.02.10}
A. The fuel tank shall have a minimum capacity of 30 gallons and be on the right hand side of the chassis rail or between frame rails.
B. Vehicles with wheelchair lifts located forward of the rear wheels may have the fuel tank in the rear between frame rails or on the left side of the frame rails.
C. The tank shall be equipped with adequate baffles.
D. A drain plug of at least 1/4 inch diameter shall be located in the center of the bottom of the tank.
E. If tank sizes other than 30 gallons are supplied, the location of the tank shall remain as set forth in §A of this regulation.
F. The engine supply line shall be taken from the top of the tank.
G. A flexible fuel hose and oil-proof connection shall be provided at the engine end of the fuel feed line.
H. Fill Pipe Cap.
(1) The fill pipe cap shall be of such design as to minimize spillage of fuel when the bus turns corners in either direction.
(2) If venting of the fuel tank is done other than through the fill pipe cap, the cap shall be of a nonvented type.
I. Fuel Filler Cap Door. There shall be a door hinged at the front and designed to cover the opening over the fuel fill pipe.
J. A fuel filter with a replaceable element shall be installed between the fuel tank and fuel delivery system, readily available for service.
K. If a fuel other than gasoline or diesel is used, the fuel system shall meet all applicable federal standards.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.11** Instruments. {#sec-11.19.02.11 omnilex-key=us-md-regs-official--title-11--11.19.02.11}
Instruments and gauges shall be mounted on the instrument panel in such a manner that each is clearly visible to the driver while the driver is in a normal seated position.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.12** Steering System. {#sec-11.19.02.12 omnilex-key=us-md-regs-official--title-11--11.19.02.12}
A. Steering gear shall be approved by the chassis manufacturer and designed to assure safe and accurate performance when a vehicle is operated with maximum load at maximum speed.
B. If external adjustments are required, a steering adjustment mechanism shall be accessible.
C. Changes may not be made in steering apparatus which are not approved by chassis manufacturer.
D. There shall be a clearance of at least 2 inches between the steering wheel and cowl instrument panel or any other surface.
E. Power steering is required and shall be of the integral type with integral valves.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.13** Suspension (Springs and Shocks). {#sec-11.19.02.13 omnilex-key=us-md-regs-official--title-11--11.19.02.13}
A. Springs.
(1) The springs or suspension assemblies shall be of ample resiliency under all load conditions and of adequate strength to sustain the loaded vehicle without evidence of overload.
(2) Springs or suspension assemblies shall be designed to carry their proportional share of gross vehicle weight.
(3) If rear springs are used, they shall be of a progressive type.
(4) If leaf type front springs are used, the stationary eyes shall be protected by a full wrapped leaf in addition to the main leaf.
B. Shock Absorbers. Two front and two rear double acting shock absorbers shall be provided and be compatible with the manufacturer's rated axle capacity.
C. Air Ride Suspension. An air ride suspension may be installed, which shall:
(1) Meet all of the manufacturer's requirements;
(2) Have a stop block to prevent the body from hitting the tire in case of an air bag failure;
(3) Permit the vehicle to be driven off the roadway if the air bag fails; and
(4) Have a manual drain valve.
D. The air ride suspension system may be equipped with an automatic, electrically heated drain system.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.14** Tires (Wheels and Rims). {#sec-11.19.02.14 omnilex-key=us-md-regs-official--title-11--11.19.02.14}
A. New tires of proper size and ply rating commensurate with the chassis manufacturer's gross vehicle weight rating shall be provided. All tires on any given vehicle shall be the same size and ply rating.
B. Dual rear wheels and tires shall be provided on all vehicles.
C. If the vehicle is equipped with a spare tire and rim, they shall be of the same size as those mounted on the vehicle, and if the tire carrier is specified, it shall be mounted in an accessible location outside of the passenger compartment.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.15** Traction-Assisting Devices, if Specified. {#sec-11.19.02.15 omnilex-key=us-md-regs-official--title-11--11.19.02.15}
A. Automatic chains may be installed.
B. Sanders, when required or used, shall:
(1) Be of the hopper cartridge valve type;
(2) Have a metal hopper with all interior surfaces treated to prevent condensation of moisture;
(3) Be of at least 100-pound (grit) capacity and refillable from the exterior of the vehicle only;
(4) Have a cover on the filler opening of the hopper, which screws into place, sealing the unit air tight;
(5) Have discharge tubes extending to the front of each rear wheel under the fender;
(6) Have nonclogging discharge tubes which shall have slush-proof, nonfreezing nozzles;
(7) Be operated by an electric switch with a telltale light mounted on the instrument panel;
(8) Be exclusively driver controlled; and
(9) Have a gauge to indicate that the hoppers need refilling when they are 1/4 full.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.16** Alternating Flashing Lights. {#sec-11.19.02.16 omnilex-key=us-md-regs-official--title-11--11.19.02.16}
A. Buses shall be equipped with a system consisting of four red flashing warning lights and four amber flashing warning lights.
B. Shields are required over the warning lights except those equipped by the manufacturer with halogen or L.E.D. (Light Emitting Diodes). The shields may be of a single type to cover both the red and amber lights and shall be painted black, with a minimum depth of 4 inches.
C. There shall be a red and amber pilot light which shall go on when the respective amber or red systems are actuated. The appropriate pilots shall either go out or flash at an obvious altered rate if any of the lights in the system are not functioning normally.
D. The warning light switches and red and amber pilot lights shall be mounted to the right of the seated driver within easy unobstructed reach, in a panel or a specific area in the dash, and not incorporated with other switches.
E. The signal lamp system shall operate as follows:
(1) With master switch on and entrance door closed, depress momentary switch. Amber pilot light and amber flashing lights shall go on.
(2) Open entrance door. Amber pilot light and amber flashing lights shall go off and red pilot light and red flashing lights shall go on. Stop arm shall automatically extend.
(3) Close entrance door. Red pilot and flashing lights shall go off, and the stop arm shall retract immediately.
(4) Open entrance door without depressing momentary switch. Red pilot light and red flashing lights shall go on. Stop arm shall automatically extend.
(5) With master switch off, depressing momentary switch may not activate the amber flashing system, nor will opening entrance door activate the red flashing signal and stop arm.
(6) An override switch shall be provided which permits the activation of the red warning lights and red pilot light without opening the service door.
(7) The red override system shall operate when the master switch is in both the on and off positions.
F. Installation Requirements.
(1) Each flashing light shall be mounted with its axis substantially parallel to the longitudinal axis of vehicle.
(2) Front and rear alternately flashing lights shall be spaced as far apart laterally as practicable.
(3) Alternately flashing lights shall be mounted at the front above the windshield and at the rear so that the lower edge of lens is not lower than top line of the side window.
(4) Vertical and lateral vision of the front and rear alternately flashing warning lights may not be obstructed by any part of the body or lamphouse insofar as standard vehicle body construction permits.
(5) The area around each lamp, extending approximately 1 inch outward, shall be painted black.
(6) A separate fuse, circuit breaker, or field effect transistor, adequate to prevent damage to the system in the event of a dead short, shall be provided between the power source and the master switch.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.16-1** Flashing White Strobe Light. {#sec-11.19.02.16-1 omnilex-key=us-md-regs-official--title-11--11.19.02.16-1}
A. A school vehicle may be equipped with a flashing white strobe light on the roof of the vehicle.
B. The flashing white strobe light:
(1) Shall be installed on the roof in a position not further than 1/3 of the body length forward from the rear edge of the roof;
(2) Shall have a single clear lens emitting light 360 degrees around its vertical axis;
(3) May not extend above the roof more than the maximum legal vehicle height as set forth in Transportation Article, §24-104(a), Annotated Code of Maryland; and
(4) Shall be approved by the Administration.
C. If a flashing white strobe light is installed, a manual switch and pilot light shall be installed in the driver's compartment to indicate when the light is operating.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.17** Body Construction — External. {#sec-11.19.02.17 omnilex-key=us-md-regs-official--title-11--11.19.02.17}
A. External structural construction shall be of rust resistant, zinc coated, prime commercial cold rolled quality steel, or a material with the strength at least equivalent to steel, and shall be fire resistant. The following apply:
(1) Metal parts that will be painted shall be chemically cleaned, etched, zinc phosphate coated, and zinc chromate or epoxy primed or conditioned by equivalent process;
(2) Particular attention shall be given to lapped surfaces, welded connections of structural members, cut edges, punched or drilled hole areas in sheet metal, closed or box sections, unvented or undrained areas, and surfaces subjected to abrasion during vehicle operation.
B. The overall length of a school vehicle may not exceed 40 feet.
C. Roof Strainers. Two or more roof strainers or longitudinal members shall be provided to connect roof bows, to reinforce the flattest portion of roof skin, and to space roof rows. These strainers may be installed between roof bows or applied externally. They shall extend from the windshield header and when combined with the rear emergency door post, shall function as longitudinal members extending from the windshield header to the rear floor body cross member. At all points of contact between strainers or longitudinal members and other structural material, attachment shall be made by means of welding, riveting, or bolting. After the test load as specified in 49 CFR §571.220 has been removed, none of the following defects shall be evident:
(1) Failure or separation at joints where strainers are fastened to roof bows;
(2) Appreciable difference in deflection between adjacent strainers and roof bows; or
(3) Twisting, buckling, or deformation of strainer cross section.
D. Side Strainers.
(1) There shall be one or more side strainers or longitudinal members to connect vertical structural members and to provide impact and penetration resistance in the event of contact with other vehicles or objects. The strainers may not be formed in flat strips. The strainers shall be constructed from metal of at least 16 gauge and 3 inches wide. Side strainers shall be installed in an area between the bottom of the window and the bottom of the seat frame and shall extend completely around the bus body except for door openings and body cowl panel. Side strainers shall be fastened to each vertical structural member in any one or any combination of the following methods as long as the stress continuity of the members is maintained:
(a) Installed between vertical members;
(b) Installed behind panels but attached to vertical members;
(c) Installed outside external panels.
(2) The fastening method employed shall be such that the strength of strainers is fully utilized. Side strainers or longitudinal members either may be combined with one of the required rub rails or installed alone as an additional rub rail, as long as separate conditions and physical requirements for rub rails are met. A portion of the side strainer or longitudinal member may not occupy the same vertical position as either rub rail.
E. Rear Corner Reinforcements. Rear corner framing of the bus body between the floor and the window sill and between emergency door posts and last side posts shall consist of at least three structural members applied horizontally or vertically or in another combination to provide additional impact and penetration resistance equal to that provided by frame members in areas of the sides of the body. The structural members shall be securely attached to each end.
F. Floor Sills. There shall be one main body sill at each side post and two intermediate body sills on approximately 10-inch centers. All sills shall be of equal height not to exceed 3 inches and shall extend the width of the body floor except where structural members or features restrict area. The main body sill shall be equivalent to or heavier than 10 gauge and each intermediate body sill shall be equivalent to or heavier than 16 gauge, or each of all body sills shall be equivalent to or greater than 14 gauge. All sills shall be permanently attached to the floor. Connections between the sides and floor system shall be capable of distributing loads from vertical posts to all floor sills. As evidence that this requirement is fulfilled, the following conditions may not occur during or after application of the load:
(1) Appreciable difference in deflection between adjacent sills;
(2) Failure or separation in joints where floor, floor sills, and sides connect;
(3) Twisting, buckling, or deformation of floor sill cross members.
G. The metal of commercial gauges used in the construction of the bus body shall be coated with mill applied zinc, be aluminum coated, or be treated by an equivalent process before the bus is constructed. Included are structural members, inside and outside panels, floor panels, and floor sills. Excluded are door handles, grab handles, stanchions, interior decorative parts, and other interior plated parts.
H. After the load has been removed, the following defects may not be evident at all points of contact between longitudinal members and other structure material:
(1) Failure or separation at joints where longitudinal members are attached to the roof bows;
(2) Appreciable differences in deflection between adjacent longitudinal members and roof bows;
(3) Twisting, buckling, or deformation of longitudinal member cross section.
I. Strength of Structural Joints of School Vehicle Bodies. It is the intent of this regulation to insure that all structural joints within bus bodies which employ discrete attachments, which are between heavy gauge members and those which join panels to panels or panel edges to heavier structures, achieve a significant proportion of the strength of the parent metal. For any of the joints described in this section, it shall be demonstrated by calculation that the shear strength of the joints is at least 60 percent of the yield point strength of the thinnest member. Panels shall be attached to underlying structures, and the above requirements may not apply where panels are attached to underlying structures at points other than the panel edges.
J. One rub rail shall be located approximately at the floor line. The rail shall cover the same longitudinal area as the upper rub rail, except at wheel housings, and shall extend to the radii of the right and left rear corners.
K. One rub rail shall be located on each side of the bus approximately at seat level, and shall extend from the rear side of entrance door completely around the bus body, except for the emergency door, to a point of curvature near the outside cowl (or the corner of the body on transit and metropolitan vehicles) on the left side.
L. Both rub rails shall be:
(1) At least 4 inches in width;
(2) Of 16 gauge steel;
(3) Corrugated or ribbed;
(4) Attached at each body post and all other upright structural members; and
(5) Applied outside the body or outside the body posts. Pressed in or snap on rub rails do not satisfy this requirement.
M. A snow rail, if required, shall be installed the full length of the body skirt.
N. Rub rails may not be an integral part of the body.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.18** Body Construction — Internal. {#sec-11.19.02.18 omnilex-key=us-md-regs-official--title-11--11.19.02.18}
A. Floor.
(1) The floor shall be of prime commercial quality steel of at least 14 gauge or other metal at least equal in strength to 14 gauge prime commercial quality steel.
(2) The floor shall be flat from front to back and from side to side, except in wheel housing, toe board, driver's seat platform, and fuel fill locations.
(3) Humps in the floor may not have sharp corners and shall be located in areas that will not impede student movement.
(4) Flat floor vehicles may have a step on the aisle, which shall be marked with white nose edging with “Watch Your Step” printed underneath the white nose edging.
B. The inside body height shall be a minimum of 72 inches, measured metal to metal, at any point on the longitudinal centerline from the front vertical bow to the rear vertical bow.
C. The vehicle body shall be thermally insulated between the inner and outer panels, ceiling, roof, and walls with proper material to deaden sound and to reduce vibrations to a minimum.
D. Projections and Exposed Edges.
(1) The interior of the vehicle, including the ceiling, shall be free of all projections except those required for the installation of equipment approved by the Administration.
(2) An inner liner shall be provided on the ceiling and walls.
(3) Rearward components shall be lapped over forward components to reduce the likelihood of injury from exposed edges.
(4) Exposed edges shall be beaded, hemmed, or flanged.
E. Interior trim panels from the bottom of the window line to the seat rail shall be unpainted, embossed, aluminized steel.
F. Construction shall provide a reasonably dustproof, weathertight, and fume-proof unit. Openings between the chassis and passenger compartment shall be sealed to prevent fumes or exhaust gas from entering the bus body.
G. The body shall be designed and built to provide impact and penetration resistance into the passenger compartment.
H. Storage Compartment. A metal container of adequate strength and capacity for the storage of tire chains or tow chains and tools for minor emergency repairs may be provided. The storage container may be located either inside or outside the passenger compartment. If inside, it shall have a cover (a seat cushion may serve for this purpose) and be fastened to the floor of the vehicle.
I. Ventilation. The body shall be equipped with a suitable, controlled ventilating system of sufficient capacity to maintain a proper quantity of air under operating conditions without the opening of windows except in extremely warm weather. A static type exhaust roof ventilator is required. It shall be nonclosable and may be incorporated into the roof vent or emergency exit.
J. Mounting—Body-on-Chassis Type Buses.
(1) The chassis frame shall extend to the rear edge of the rear body cross member. In a body-on-chassis type of school vehicle, the body shall be attached to the chassis frame in a manner which prevents shifting or separation of the body from the chassis under severe impact. Alteration in the length of the frame may be made only behind the rear hangers of the rear springs and may not be for the purpose of extending the wheel base. The alterations may be made only if designed and guaranteed either by the original chassis manufacturer or by the company installing the school vehicle body.
(2) The body front shall be attached and sealed to the chassis cowl in a manner which prevents the entry of water, dust, or fumes through the joint between the chassis cowl and the body.
(3) Body holddown clamps shall be positive clamp, not spring type.
(4) Insulating material shall be placed at all contact points between the body and chassis frame. Insulating material shall be approximately 1/4 inch thick, of automobile sidewall tire quality, and attached to the chassis frame or body member so as not to move under severe operating conditions.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.19** Book Racks. {#sec-11.19.02.19 omnilex-key=us-md-regs-official--title-11--11.19.02.19}
Book racks may be installed on residential special education vehicles only. They shall be installed above the side windows from the front cross seat to the rear transverse seat, except across or above the emergency door. Book racks shall be padded with the same material and padding used for seat backs. The padding shall be of sufficient thickness to prevent impact injuries and shall cover the edges and entire area of the lower surface of the book rack.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.20** Color and Identification (Lettering). {#sec-11.19.02.20 omnilex-key=us-md-regs-official--title-11--11.19.02.20}
A. Color.
(1) The school bus body, including the hood, cowl, the area above and below the School Bus lettering on the front and rear header, and fenders shall be painted a uniform color, National School Bus Yellow. If the window pilasters are visible after the window is installed they shall also be painted National School Bus Yellow. A chrome or manufacturer's grey grill is acceptable and the roof may be painted white. The front and rear roof caps may not be painted white.
(2) The hood may be painted with nonreflective National School Bus Yellow paint.
(3) Body trim, on the exterior of the body, including the bumper, the emergency door arrow, and the lettering on the front, rear, and both sides of the body, shall be black. Yellow numbers on the front bumper are acceptable.
(4) Rub rails, seat line, and snow rails shall be painted glossy black.
(5) Wheel rims shall be gray, silver, or black, if painted. Wheel rims may be aluminum. Accessories of any type covering axle nuts, wheels, or lug nuts are not permitted.
B. The following lettering is required and shall be block type:
(1) Lettering.
(a) The body of the school bus shall bear the words “SCHOOL BUS” in black block letters, 8 inches by 1 inch, on both the front and rear of the body.
(b) The lettering shall be placed as high as possible without impairment of its visibility.
(c) The lettering may be on a reflective area 12 inches by 49 inches.
(d) The 12-inch by 49-inch background area may be reduced in size to conform to the contours of the vehicle.
(2) The words “EMERGENCY DOOR” or “EMERGENCY EXIT” shall be 2 inches high black lettering and shall be applied at the top of, or directly above, the emergency exit door and above the emergency push-out windows on the inside and outside of the vehicle. If the outside areas above the door or the upper door window are not large enough for the words, the words may be placed on the door under the upper window.
(3) Operation of Emergency Door or Exit Latch (6-inch black arrow by 3/4 inch wide indicating direction of release of door or exit, inside and outside).
(4) Identification number (all four sides 6 inches high by 3/4 inch wide visible directly from the front, rear, and each side). Identification number on rear of vehicle shall be located above the rear bumper and below the window line. Temporary signage or numbers shall be placed in the second window on the lower glass on each side of the vehicle.
(5) If applicable, the name of the local school system shall be on both sides of the vehicle, properly centered, in letters 6 inches high by 3/4 inch wide.
(6) Contractors' and private owners' or operators' names to the rear of the entrance door 2-1/2—3 inches high by 1/4—1/2 inch wide in a 16 by 30-inch area. This lettering shall also be on the left side in the same approximate location.
C. The following lettering may be used, if required or desired:
(1) ICC number (to rear of entrance door 2 1/2—3 inches high by 1/4—1/2 inch wide);
(2) Address of owner (to rear of entrance door 2 1/2—3 inches high by 1/4—1/2 inch wide);
(3) Telephone number of owner (to rear of entrance door 2 1/2—3 inches high by 1/4—1/2 inch wide);
(4) “STOP ON SIGNAL” when required (4 inches high black lettering below rear window).
D. Only signs and lettering approved by State law or regulation and any numbers necessary for identification shall appear on the vehicle. Bumper stickers are not permitted. The fleet number may be on the front bumper. All lettering shall be located according to the diagram and shall be block type.
E. A vehicle titled and registered shall comply with all lettering size and location requirements. If buses are repainted, they shall be relettered in compliance with these regulations.
F. Lettering shall be painted or applied using vinyl die cut self-adhering letters and numbers.
G. “Drug Free School Zone” Lettering.
(1) If desired, “Drug Free School Zone” may be on the exterior of the vehicle.
(2) The lettering shall be:
(a) Located under the first window on the service door side or at another location near the service door approved on each individual bus;
(b) Black, in block letters 2 inches high by 3/8 inch wide.
(3) A decal for the “Drug Free School Zone” may be used provided the background is National School Bus Yellow and the decal is not larger than 8 by 18 inches.
H. Yellow Reflective Tape.
(1) Reflective tape at least 1 inch wide and not wider than 6 1/2 inches may be used to form a:
(a) Single horizontal line on each side of the bus immediately below the upper rub rail or at the floor line; or
(b) Rectangular figure on the rear of the bus body.
(2) The vertical lines of the rectangle in §H(1)(b) of this regulation shall be as close to the sides of the bus as possible without extending over the sides of the bus.
(3) The horizontal lines of the rectangle shall consist of one straight line above and near the rear bumper and one straight line at or near the roof line.
I. The reflective tape specified in §H of this regulation may be applied in a discontinuous fashion so as not to cover any existing or required lettering.
J. Roof Identification Number. Identification numbers on the roof may be used. If used, they shall be:
(1) Located in the most forward section of the roof as possible;
(2) Lettered from the left side to the right side of the bus; and
(3) 18 inches high by 10 inches wide, with a 2-3/4 inch stroke.
**Cross References**
11.19.02.32B(2)
11.19.04.11A(2)
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.21** Electrical (Body) — Lamps, Signals, Reflectors, and Fuses. {#sec-11.19.02.21 omnilex-key=us-md-regs-official--title-11--11.19.02.21}
A. Tail and Stop (Brake) Lamps.
(1) Vehicles shall be equipped with four combination red stop/tail lamps. Two combination lamps with a minimum diameter of 7 inches or, if a shape other than round, a minimum 38 square inches of illustrated area shall be mounted on the rear of the vehicle just inside the turn signal.
(2) Two combination lamps with a minimum diameter of 4 inches or, if shaped other than round, a minimum 12 square inches of illuminated area shall be placed on the rear of the body between the belt line and the floor line. The rear license plate lamp may be combined with one lower tail lamp. Stop lamps shall be activated by the service brakes and shall emit a light that is plainly visible at night from a distance of 500 feet.
B. Turn Signal Lamps. These signals shall be independent units and equipped with a four-way hazard warning signal switch to cause simultaneous flashing of the turn signal lamps when needed as a vehicular traffic hazard warning. Surface-mounted, amber lamps, with a minimum of four candlepower each, shall be mounted on the sides of the body at approximately seat level rub rail height just to the rear of the service door on the right side, and approximately the same location on the left side. They are to be connected to function with the regular turn signal lamps.
C. Back-Up Lights. Two back-up lights shall be installed to be activated when the gear shift lever is placed in reverse position. Lights shall be not less than 4 inches in diameter with a minimum of 32 candlepower and mounted above the bumper and below the window line.
D. Clearance, Side-Marker, and Identification Lamps. Two red clearance lamps on the rear and two amber clearance lamps on the front shall be mounted as high as practical on the permanent structure of the school bus to indicate extreme width. Two side marker lamps, amber at the front and red at the rear, shall be mounted on each side of the bus. Three red identification lamps shall be mounted on the same level not more than 8 inches apart in the center rear of the body as high as practical, and three amber identification lamps shall be likewise mounted in the center front of the body. Recessed lights are permitted.
E. Registration Plate Lamp. The rear registration number shall be illuminated by a white light so as to be plainly legible at 60 feet during periods of darkness. The registration plate lamp shall be so wired as to be lighted when the headlamps are lighted.
F. The above combination circuits may be subdivided into independent circuits. Each body circuit shall be coded by number or letter at 4-inch intervals or by color. The code shall appear on a diagram of the circuits in a readily accessible location.
G. A separate circuit breaker or electronic circuit protection shall be provided for each circuit required, except starter motor and ignition circuits.
H. Wires within the body shall be insulated and protected by a covering of fibrous loom, or equivalent, which shall protect them from external damage and minimize dangers from short circuits. Whenever wires pass through the body or chassis members, additional protection in the form of a grommet or other appropriate type of insert shall be provided. Exposed wires are not permitted.
I. Wires shall be fastened securely per manufacturers requirements. All joints shall be soldered or joined by equally effective connectors.
J. Switches.
(1) A solenoid switch or an electronic control system shall be connected to the ignition switch so that body accessories cannot be operated when the ignition switch is off.
(2) The wheelchair lift, alternating flashing warning lights, and electric-powered service door handle may operate independently of the ignition switch.
(3) A noise reduction off and on switch shall be installed to permit the driver to shut off the entertainment devices and all interior fan motors. This requirement applies to school vehicles constructed as of June 20, 2005.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.22** Ignition Lock. {#sec-11.19.02.22 omnilex-key=us-md-regs-official--title-11--11.19.02.22}
A lock, key, or other device to prevent the vehicle from being set in motion or its engine started by unauthorized persons, or otherwise contrary to the will of the owner or person in charge of the vehicle, shall be provided.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.23** Horns. {#sec-11.19.02.23 omnilex-key=us-md-regs-official--title-11--11.19.02.23}
A. The bus shall be equipped with a minimum of two horns of standard make, each horn capable of producing complex sound in a band of audio frequencies between approximately 250 and 2,000 hertz and having a total sound level of 110 decibels within these frequency limits when measured at a point on an axis of the horn 3 feet from the exit of the horn.
B. The horns shall be audible to other highway users at a distance of 300 feet.
C. If louder horns are desired, they shall be capable of producing a sound level of 120 decibels under the conditions specified above.
D. The horn control shall be located in the manufacturer's original position.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.24** Backup Warning Alarm. {#sec-11.19.02.24 omnilex-key=us-md-regs-official--title-11--11.19.02.24}
An automatic non-variable audible alarm shall be installed behind the rear axle and be at least 97 decibels.
**Cross References**
13A.06.07.12E(4)
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.25** Emergency Equipment. {#sec-11.19.02.25 omnilex-key=us-md-regs-official--title-11--11.19.02.25}
A. Fire Extinguisher.
(1) The vehicle shall be equipped with at least one 5-pound capacity pressurized, dry chemical fire extinguisher complete with hose.
(2) The extinguisher shall be mounted in a bracket located below the window line in the driver's compartment and shall be readily accessible.
(3) A pressure gauge shall be mounted on the extinguisher so as to be easily read without moving the extinguisher from its mounted position.
(4) The fire extinguisher shall be of a type with a total rating of 2A 10 BC or greater. The operating mechanism shall be sealed with a type of seal which does not interfere with the use of the fire extinguisher.
B. First Aid Kit. The bus shall carry a weatherproof first aid kit, removable and readily identifiable, mounted in the driver's compartment. The kit shall contain at least the contents suggested by the National School Transportation Specifications and Procedures.
C. Reflectors and Flares.
(1) Reflectors and flares shall be located in the driver's area.
(2) The vehicle shall be equipped with three red triangular emergency reflectors in a suitable holder.
(3) Vehicles shall be equipped with three 30-minute stand-up lean-to flares stored in a red canister.
D. A locking device on the storage door for emergency equipment is prohibited.
E. Body Fluid Clean-Up Kit. Each bus shall have a removable and moisture-proof body fluid clean-up kit. The kit shall be properly mounted in the driver's compartment, and identified as a body fluid clean-up kit.
F. The safety equipment may be stored in a non-locking compartment that is permanently labeled “Safety Equipment Inside”.
**Cross References**
13A.06.07.12E(5)
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.26** Flooring and Floor Covering. {#sec-11.19.02.26 omnilex-key=us-md-regs-official--title-11--11.19.02.26}
A. The floor in the underseat area, including the top and side of the wheel housing, driver's compartment, and toe board shall be covered with fire-resistant rubber or equivalent floor covering having a minimum overall thickness of 0.125 inch. A molded floor cover over wheel housings is acceptable.
B. Floor covering in the aisle and steps shall be one continuous piece of fire-resistant, nonskid, wear-resistant, rubber. The minimum overall thickness shall be 0.1875 inch. There shall be a heavy-duty, white-nosed, rubber wear plate where floor covering meets steps.
C. Floor covering shall be permanently bonded to the floor. Bonding material or seam sealers shall match the manufacturer's specification to ensure waterproofing. All seams, including those in the front and rear of or over wheel housings, shall be covered with aluminum strips or joined by bonding or welding. Aisle seams shall be located on the aisle side of seat legs and shall be covered with strips made of aluminum or other material approved by the Administration. Cove or cove molding made of metal or other material approved by the Administration shall be installed over joints around the sides and rear body wall.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.27** Heaters. {#sec-11.19.02.27 omnilex-key=us-md-regs-official--title-11--11.19.02.27}
A. Heaters shall be of hot water type.
B. If only one heater is used, it shall be of fresh air or combination fresh air and recirculating type.
C. If more than one heater is used, additional heaters may be of recirculating air type.
D. The heating system shall be capable of maintaining throughout the bus a temperature of not less than 50°F at average minimum January temperature as established by the National Weather Service, National Oceanic and Atmospheric Administration, for the area in which the vehicle is to be operated.
E. Heaters installed by body manufacturers shall bear a name plate affixed by the heater manufacturer, which specifies the heater rating and performance.
F. Heater hoses shall be adequately supported to guard against excessive wear due to vibration. The hoses may not dangle or rub against the chassis or sharp edges and may not interfere with or restrict the operation of any engine function. Heater hose shall conform to SAE J20C, which is incorporated by reference. Heater lines on the interior of the bus shall be shielded to prevent scalding of the driver or passengers.
G. The chassis engine shall provide inlet and outlet holes in which heavy duty cut-off valves shall be installed in accessible locations for attachment of the bus heating system water lines.
H. There shall be water flow regulating valves installed in the pressure line for convenient operation from the driver's seat.
I. Accessible bleeder valves shall be installed in an appropriate place in the return lines of the body company installed heaters to remove air from the heater lines.
J. Heater motors, cores, and fans shall be readily accessible for service. Access panels shall be provided as needed.
K. Combustion Heaters.
(1) Combustion heaters are permitted and shall:
(a) Have a switch or one-way valve installed at the fuel tank when the fuel line is pressurized to shut off the fuel to the heater in case of a broken line;
(b) Have an indicator light in the driver's compartment to alert the driver of any malfunction;
(c) Be mounted on the left side in an individual compartment opening from the outside; and
(d) Have the exhaust come out the left side under the skirt as close to the rear wheels as possible.
(2) Only combustion heaters approved by this Administration are to be installed on school vehicles.
L. Portable heaters may not be used.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.28** Defogger, Auxiliary. {#sec-11.19.02.28 omnilex-key=us-md-regs-official--title-11--11.19.02.28}
One 6-inch auxiliary top mount fan shall be installed for window defogging. This fan is not to be considered a defroster.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.29** Mirrors. {#sec-11.19.02.29 omnilex-key=us-md-regs-official--title-11--11.19.02.29}
A. An interior clear view mirror shall be at least 6 by 30 inches to afford a good view of the passengers and the roadway to the rear. If it is not metal backed and framed, the mirror shall be laminated safety glass. It shall have rounded corners and protected edges.
B. Two adjustable exterior, clear view mirrors, with black housing, shall be installed on each side of the vehicle.
C. Fender-Mounted Mirrors.
(1) One fender-mounted tripod or solid piece mirror bracket shall be mounted on each front fender.
(2) An exterior convex mirror shall be mounted on each front fender to provide a close infield of the vision to eliminate blind spots.
(3) A single mirror of a type approved by the Administration in conjunction with the State Department of Education may be used in place of the mirrors in §C(2) of this regulation.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.30** Seat Belt for Driver. {#sec-11.19.02.30 omnilex-key=us-md-regs-official--title-11--11.19.02.30}
A single locking retractor type, with the latch on the right side and at seat cushion height, or a double locking retractor type seat belt shall be provided for the driver.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.31** Seats, Crash Barriers, and Interior. {#sec-11.19.02.31 omnilex-key=us-md-regs-official--title-11--11.19.02.31}
A. Passenger Seats.
(1) The minimum clearance of all aisles, including the aisle or passageway between seats leading to the emergency door, shall be 12 inches.
(2) The forward-most seat on the right side of the vehicle shall be located so as not to interfere with the operator's vision and may not be farther forward than the rear of the operator's seat when adjusted to its rearmost position.
(3) A minimum of 36 inches of headroom for the sitting position above the top of the undepressed cushion line of all seats shall be provided. Measurement shall be made vertically not more than 7 inches from the side wall at cushion height and at the fore and aft center of the cushion.
(4) The backs of seats of similar size shall be of the same width at the top, of the same height from the floor, and shall slant at the same angle with the floor.
(5) Seats shall be:
(a) Forward facing and shall be securely fastened with bolts and nuts to supporting parts of the vehicle. Each leg shall be fastened with a minimum of two bolts and nuts. Portable seats are not acceptable. Aisles between forward facing seats shall have a minimum clear width of 12 inches; and
(b) As of January 1, 2014, all vehicles procured for use in this State shall be constructed with materials that enable it to meet all the criteria of the school bus seat upholstery fire block test established by the National School Transportation Specifications and Procedures adopted at the most recent National Congress on School Transportation.
(6) Aisle supports of seat backs shall be slanted away from the aisle sufficiently to give an aisle clearance of 15 inches at the tops of the seat backs.
(7) The rear davenport paneling shall be covered with fireblock upholstery or have fireblock material between the engine compartment and the passenger compartment, and the seat on rear engine busses shall be covered with fireblock upholstery. As of January 1, 2014, all vehicles procured for use in this State shall be constructed with materials that enable it to meet all the criteria of the school bus seat upholstery fire block test established by the National School Transportation Specifications and Procedures adopted at the most recent National Congress on School Transportation.
(8) A flip-up seat may be installed at side emergency doors.
B. Track Seating.
(1) Track seating may be used.
(2) The top of the track shall be flush with the floor.
(3) The manufacturer shall install a label to indicate the required seat spacing.
(4) Bolts, nuts, and washers or flanged-head nuts shall be used.
C. Operator's Seat.
(1) The minimum distance between the steering wheel and the backrest of the operator's seat is 11 inches.
(2) The operator's seat shall:
(a) Be rigidly positioned;
(b) Have vertical adjustment and fore and aft adjustment of not less than 4 inches, without the use of tools or other devices;
(c) Be fastened to the floor with bolts, nuts, and washers or flanged-head nuts; and
(d) Be covered with Fire-Block material. As of January 1, 2014, all vehicles procured for use in this State shall be constructed with materials that enable it to meet all the criteria of the school bus seat upholstery fire block test established by the National School Transportation Specifications and Procedures adopted at the most recent National Congress on School Transportation.
D. Crash Barriers.
(1) Crash barriers shall be located on both sides of the aisle in front of the most forward facing seat.
(2) On vehicles with the engine inside the front of the body, the minimum distance between the barrier at rear of the entrance step-well and the engine cover shall be 14 inches at floor level.
(3) Barriers shall be covered with Fire-Block material. As of January 1, 2014, all vehicles procured for use in this State shall be constructed with materials that enable it to meet all the criteria of the school bus seat upholstery fire block test established by the National School Transportation Specifications and Procedures adopted at the most recent National Congress on School Transportation.
E. Sun Visor. An interior adjustable transparent sun visor not less than 6 inches wide and 30 inches long shall be installed so that it can be turned up to prevent being a hazard when not in use. It shall be supported by two brackets.
F. Steering Wheel. The steering wheel circumference shall have at least 2 inches of clearance at all points.
G. Speakers. Ceiling or side-mounted speakers shall be flush mounted.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.32** Service Doors, Emergency Windows, Doors, and Exits. {#sec-11.19.02.32 omnilex-key=us-md-regs-official--title-11--11.19.02.32}
A. Service Door.
(1) The service door shall be:
(a) Located on the right side near the front, convenient to the seated operator's unobstructed vision. The entrance shall have a minimum horizontal opening of 24 inches and a minimum vertical opening of 68 inches.
(b) Manually or power operated by the seated operator and designed to afford easy release and prevent accidental opening. Parts of the hand lever may not come together so as to shear or crush fingers. If one section of the folding door opens inward and the other opens outward, the forward section shall open outward. Vertical closing edges shall be equipped with padding to prevent injury. The bottom of the lower glass panel shall be not more than 10 inches from the top surface of the bottom step when the bus is unloaded. The top of the upper glass panel shall be not more than 6 inches from the top of the door. Power-operated doors shall be equipped for emergency release in case of power failure and shall be labeled on the inside with letters at least 1/2 inch high and instructions for emergency opening.
(2) There may not be a door to the left of the driver on vehicles with a gross vehicle weight rating greater than 21,500 pounds.
(3) A grab handle of stainless steel not less than 20 inches in length shall be properly secured in an unobstructed location inside the doorway.
(4) An entrance door head pad, minimum of 1 by 4 inches, of foam rubber, shall be installed on the interior of the vehicle to extend the width of the door opening.
(5) Manually operated service doors shall be equipped with heavy duty nonpainted or powder coated, rust resistant controls and rod with a positive inside latching device.
(6) The service door or doors shall have a handle for opening it from the outside.
(7) The effective date for a positive latching device and handle is January 1, 1991.
(8) There may be a security locking device on the outside handle of the service door.
(9) Electric-powered service doors shall have a handle switch directly powered by the battery.
B. Emergency Door.
(1) An emergency door shall be located in the rear and near the center. If the engine is so located as to prevent a rear emergency door or exit location, the emergency door shall be in the left side of the rear half of the bus and shall be clearly marked “EMERGENCY DOOR” in letters at least 2 inches high at the top of, or directly above, the door on both the inside and the outside. If the outside areas above the door or the upper door window are not large enough for the words, the words may be placed on the door under the upper window. An arrow at least 6 inches in length and 3/4 of an inch in width indicating the direction the release mechanism should be turned to open the emergency door shall be painted black on the inside of the emergency door.
(2) An arrow of equal dimensions indicating the direction the release mechanism should be turned to open the emergency door shall be on the outside of the emergency door in black and on the National School Bus Yellow background, as set forth in Regulation .20 of this chapter. The emergency door shall have a horizontal opening of at least 24 inches and a vertical opening of at least 48 inches measured from the floor level. The emergency door or exit shall be designed to be opened from both the inside and outside.
(3) The passage to the emergency door shall be kept clear of obstructions. For rear doors, the horizontal clearance of 24 inches shall be maintained for a distance of at least 12 inches inside the bus. When the emergency door is in the left side, a minimum horizontal clearance of 12 inches and a vertical clearance of 48 inches shall be maintained between it and the center aisle. An emergency door head pad, a minimum of 1 inch by 4 inches of foam rubber, shall be installed on the interior of the vehicle to extend the width of the door opening.
(4) The upper and lower portion of the central rear emergency door shall be equipped with approved safety glass, the exposed area of which shall be not less than 400 square inches in the upper portion and not less than 300 square inches in the lower portion. The left side emergency door shall be equipped with safety glass in the upper portion and the lower portion shall be of at least the same gauge metal as the body.
(5) The emergency door shall be hinged on the right side if it is in the rear end of the bus and on the front side if it is in the left side, and shall open only outward. Control from the operator's seat may not be permitted.
(6) The emergency door shall be equipped with a slide bar, cam-operated latch which shall have a minimum stroke of 1 inch. The latch shall be equipped with a suitable electric plunger-type switch connected with a distinctive audible signal automatically operated and located in the operator's compartment which shall clearly indicate the unlatching of this door to the seated driver when the engine is running. A cut-off switch, except through the ignition switch, may not be installed in the circuit. The switch shall be enclosed and wires leading from the switch shall be concealed in the body. The switch shall be so installed that the plunger contacts the farthest edge of the slide bar in such a manner that any movement of the slide bar will immediately close the circuit and activate the signal. The door latch shall be equipped with an interior handle which shall be capable of quick release but shall be protected against accidental release.
(7) There may not be steps leading to the emergency door.
(8) The outside handle shall be nondetachable and so designed as to minimize hitching.
(9) The engine starting system of a bus may not operate if any emergency exit is locked from either inside or outside the bus.
C. Emergency Windows.
(1) Side emergency windows shall be labeled “EMERGENCY EXIT” in letters at least 2 inches high located directly above the emergency exit on both the inside and outside surfaces of the bus.
(2) A distinctive audible signal, automatically operated, shall clearly indicate to the seated driver when the engine is running the unlatching of any emergency window. A cut-off switch, except through the ignition switch, may not be installed in the circuit.
(3) The rear emergency window shall be designed to be opened from both the inside and the outside and shall be equipped with an air or gas-assisted mechanism to assist in opening.
(4) The words “Emergency Exit” shall be in letters at least 2 inches high above a rear exit window on the inside and above or below the window on the outside of the vehicle.
D. Operating Instructions. Concise operating instructions describing the motions necessary to unlatch and open the emergency window shall be:
(1) Of a color that contrasts with the letters background; and
(2) Located within 6 inches of the release mechanism on the inside surface of the vehicle.
(3) A decal containing the precise operating instructions may be placed on any Emergency Exit window. The decal shall be transparent except for the lettering.
E. Roof Vent/Emergency Exit. At least one roof vent/emergency exit shall be installed and be:
(1) Adjustable;
(2) Equipped with a release handle inside and outside to permit the ventilator cover to hinge open for emergency exit;
(3) Labeled “EMERGENCY EXIT” in letters at least 2 inches high on the inside and outside of the vehicle followed by precise operating instructions; and
(4) Roof vents may be equipped with a distinctive audible signal.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.33** Step-Well Service Door. {#sec-11.19.02.33 omnilex-key=us-md-regs-official--title-11--11.19.02.33}
A. The step risers shall be approximately equal in height with the upper riser not more than 15 inches in height.
B. The surface of steps shall be completely covered with a nonskid material having 1-1/2 inch white nosing, fire-resistant, nonskid wear-resistant, and rubber step treads, which shall have a minimum overall thickness of 0.1875 inch.
C. The steps shall be enclosed to prevent accumulation of ice and snow and may not protrude beyond the width of the body.
D. The step well shall be illuminated by at least one lamp providing white light actuated automatically by the opening of the door.
E. The lower step shall be not less than 12 inches and not more than 16 inches above the level on which the unloaded bus rests.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.34** Stop Signal Arm. {#sec-11.19.02.34 omnilex-key=us-md-regs-official--title-11--11.19.02.34}
A second stop signal arm may be installed on the left outside of the body and shall be installed as close as practicable to the rear of the bus.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.34-1** Crossing Arm. {#sec-11.19.02.34-1 omnilex-key=us-md-regs-official--title-11--11.19.02.34-1}
A. A crossing arm may be installed on the far right of the front bumper. The crossing arm:
(1) Shall be securely bolt-mounted;
(2) Shall be easily removable for towing;
(3) Shall be activated simultaneously with the stop arm;
(4) May not open more than 90 degrees;
(5) Shall extend a minimum of 66 inches from the front of the bumper when activated;
(6) May not have sharp edges or projections which may cause injury to students; and
(7) Shall be air, vacuum, or electrically operated and may not have lights.
B. Interrupt Switch.
(1) A crossing arm interrupt switch may be installed on the dash near the control box for the alternating flashing lights.
(2) Pressing the switch shall stop the arm from opening for a full cycle and the arm shall recycle after the alternating flashing lights have been deactivated.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.35** Undercoating. {#sec-11.19.02.35 omnilex-key=us-md-regs-official--title-11--11.19.02.35}
The entire underside of the vehicle body and front fenders, including floor members and side panels below floor level, shall be coated with a fire-resistant undercoating material applied by spray method at least 1/8-inch thick in order to seal, deaden sound, insulate, and prevent oxidation. Fiberglass construction is exempt from undercoating requirements.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.36** Wheel Housing. {#sec-11.19.02.36 omnilex-key=us-md-regs-official--title-11--11.19.02.36}
A. The body shall provide coverage of the two dual rear wheels and tires or be equipped with suitable protectors of metal or substantial flexible extensions. When extensions are provided, they shall meet the requirements of COMAR 11.14.04.10.
B. The wheel housing opening shall allow for easy tire removal and service. Rear wheel housing shall be shielded with a metal splash guard on the front and rear of rear wheel wells.
C. The wheel housings shall:
(1) Provide clearance for installation and use of tire chains on dual wheels;
(2) Be designed to support the seat and passenger loads; and
(3) Be attached to the floor sheets in such a manner as to prevent any dust, water, or fumes from entering the body.
D. The inside height of the wheel housing above the floor line may not exceed 12 inches.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.37** Windshields, Windows, Wipers, and Washers. {#sec-11.19.02.37 omnilex-key=us-md-regs-official--title-11--11.19.02.37}
A. Safety Glass. Glass shall be installed so that the identification mark is legible.
B. Windshields. The glass in the windshield shall have a horizontal gradient band starting slightly above the line of the operator's vision and gradually decreasing in light transmission to 20 percent or less at the top of the windshield.
C. Stirrup Steps. There shall be at least one folding stirrup step or recessed foothold and suitably located handles on each side of the front of the body for easy accessibility for cleaning the windshield and lamps.
D. Windows.
(1) Glass in all side windows, doors, and rear windows shall be AS-2 laminated safety sheet.
(2) Passenger compartment windows shall be AS-2 or 3 and:
(a) Operate freely;
(b) Open 9 to 10 1/2 inches from the top only and provide an emergency exit of a least 9 by 22 inches, except that there may be a window that does not open to 9 by 22 inches located next to a side emergency door;
(c) Have all exposed edges of glass banded;
(d) Be free of window guards or bars either on the inside or outside; and
(e) Be metal framed split sash.
(3) The window directly to the left of the driver:
(a) Shall be split;
(b) Shall slide forward and backward in weather-stripped grooves; and
(c) May have an adjustable driver's vent window.
E. Windshield Wipers. Two automatic, wipers with blades at least 14 inches long with nonglare arms and blades shall clean the maximum possible area of the windshield. The windshield wiper blades and arms shall be heavy duty.
F. Windshield Washers.
(1) Electric windshield washers shall be installed by the body manufacturer.
(2) The liquid container may not be less than 70 ounces and shall be of rigid plastic mounted under the hood.
(3) Transit-style vehicles may have the liquid container in an enclosed compartment in the driver's area.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.38** Vehicles for Transporting Special Needs Children. {#sec-11.19.02.38 omnilex-key=us-md-regs-official--title-11--11.19.02.38}
A. Vehicles constructed for transporting special needs children shall comply with minimum standards for school vehicles, but because of the use of specialized equipment, certain modifications in these minimum standards may be made.
B. Special Service Doors.
(1) A special single door opening, if provided, shall be located on the right side of the vehicle, far enough to the rear to prevent the open door from obstructing the front right service door. The lift door opening shall accommodate the lift provided.
(2) The header over the door area shall be padded.
(3) Unless the special door obstructs the service door when open, it shall be hinged at the forward side.
(4) If dual doors are used, the doors shall be approximately equal in width and hinged to the side of the vehicle. Each panel shall open outward, and the forward panel shall be provided with an overlapping flange to close the space where the door panels meet. A weather seal shall be provided to close all door edges.
(5) A two-point fastening device, which shall be a slide bar or rod, cam activated, and fastened to the header and floor or jamb, shall be used for single doors. If there are double doors, the front door shall have a three-point fastening device, which shall be a slide bar or rod, cam activated, and fastened to the header, floor, and rear door. The rear door shall have at least a one-point fastening device to the header.
(6) Doors shall:
(a) Be manually operated.
(b) Be equipped with a device that will activate an audible signal in the driver's compartment when the door is not closed securely. The signal shall deactivate when the door is fully opened. When the door is closed, the device shall be automatically reset. A visible signal may be installed in addition to the audible signal.
(c) Contain a window aligned with the lower line of other windows of the vehicle and approximately the same size as other vehicle windows.
(7) Between the special service door and the service door, there shall be at least one standard size window.
(8) When ramps are used, door panels shall extend below the floor line and cover the ramp container opening.
(9) Door posts and headers shall be reinforced sufficiently to provide support and strength equivalent to that of other doors.
(10) A light shall be placed inside the vehicle to provide light in the area of the special service door, and shall be operated from the door area.
C. All aisles leading to the emergency door or doors and lift door from the wheelchair area shall be a minimum of 30 inches to permit passage of wheelchairs.
D. Ramp.
(1) If a ramp is used, it shall be of sufficient strength and rigidity to support a minimum of 600 pounds. It shall be equipped with a protective flange on each side to keep a wheelchair on the ramp.
(2) The floor of the ramp shall be of nonskid material.
(3) If the ramp is hinged, it shall be designed to prevent injury to the ramp operator.
(4) A dustproof and waterproof enclosed container shall be provided if the ramp is stored under the floor.
(5) The ramp shall be:
(a) Of an appropriate weight and equipped with handles to permit one person to put the ramp in place and return it to the storage place.
(b) Connected to the vehicle at floor level so as to permit each access of a wheelchair to the floor of the vehicle. When in place, provisions shall be made to secure the ramp to the side of the vehicle without danger of detachment.
(c) At least 88 inches long, and the width of the ramp shall conform to the width of the door opening at floor level.
E. Power Lift (Elevator and Fold-up Platform).
(1) If a power lift is used, it shall have a minimum of 600 pounds working capacity. The power lift shall have the capability of power up.
(2) The power lift platform shall be at least 26 inches wide and 40 inches long, including guard panels or rails.
(3) The power lift platform surface shall be of nonskid material.
(4) A self-adjusting steel or equivalent ramp shall be attached to the lift platform and equipped with a skid-resistant surface and safety stop at both ends of the platform.
(5) The power lift unit shall be:
(a) Controlled from a panel within the vehicle;
(b) Adjacent to the lift; and
(c) Capable of operation by an attendant standing upon the lift when the lift is in any position.
(6) A device shall be installed which shall be used to prevent operation of the lift until the doors are opened.
(7) Optional Manual Operation. Manual operation shall be provided to raise the lift in the event of power failure.
F. Wheelchairs. Forward-facing wheelchairs shall be secured by a four-point fastening system.
G. Grab handles may be provided on each side of the front service doors.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.39** Video Cameras. {#sec-11.19.02.39 omnilex-key=us-md-regs-official--title-11--11.19.02.39}
Video cameras may be installed if the system is:
A. Approved by the Administration;
B. Installed securely in an area of the vehicle with no sharp edges;
C. Located in an area not likely to cause student injury; and
D. Outside the federal head impact zone.
**Cross References**
13A.06.07.12E(6)
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.40** Safety Detection Systems. {#sec-11.19.02.40 omnilex-key=us-md-regs-official--title-11--11.19.02.40}
A. A safety detection system approved by the Federal Communications Commission may be installed to warn bus drivers of moving objects, such as children, within areas around a school vehicle considered to be most dangerous if the system:
(1) Is designed to monitor and warn school bus drivers of moving objects during loading and unloading;
(2) Operates automatically;
(3) Is activated by extending the stop arm; and
(4) Has audible and visual alarms.
B. The audible alarm shall be volume adjustable to compensate for background noises.
C. The visual alarm shall be easily visible both at night and in bright sunshine.
D. The system shall be:
(1) Located in the driver's compartment; and
(2) Visible to the driver in a seated position.
E. A delay feature shall be incorporated in the system which will operate the detection unit for a brief period of time after the bus resumes motion.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.41** Air Conditioning Systems. {#sec-11.19.02.41 omnilex-key=us-md-regs-official--title-11--11.19.02.41}
A. Air conditioning systems may be installed in school vehicles if:
(1) The systems are approved by the Administration;
(2) The agency and personnel installing the systems have been certified by the air conditioning manufacturer;
(3) There are no sharp edges or protrusions that could injure students;
(4) The total vehicle battery capacity is at least 1800 amperes;
(5) The vehicle alternator rating is at least 145 amperes; and
(6) The system does not contain refrigerant that is:
(a) Toxic to persons, or
(b) Flammable.
B. System operating controls, including the on-off and blower switch or switches and the thermostat control or controls, shall be accessible to the driver in a seated position.
C. Wiring, hoses, and lines shall be grommeted, routed, and supported so as to reduce wear resulting from heat, chafing, vibration, or other factors.
D. Evaporator cases, lines, and ducting shall be designed so that:
(1) All condensation is effectively drained to the exterior of the vehicle below floor level;
(2) Under all conditions of vehicle movement they are without leakage on any interior portion of the vehicle;
(3) They are inaccessible to passengers; and
(4) They do not cross the windows.
E. System components shall be readily available for servicing.
F. An air conditioning grill on the exterior shall be the same color as the predominant area in which it is installed.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.02.42** Child Reminder System. {#sec-11.19.02.42 omnilex-key=us-md-regs-official--title-11--11.19.02.42}
A child reminder system approved by the Administration may be installed. The deactivating switch shall be located on the inside rear most portion of the bus.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Regulation .01 adopted effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.17 amended effective April 3, 1981 (8:7 Md. R. 643)*
- *Administrative History: Regulations .02—.06, .08—.12, and .14—.17 amended as an emergency provision effective July 6, 1983 (10:15 Md. R. 1342); emergency status extended at 10:22 Md. R. 1964 and 11:4 Md. R. 313*
- *Administrative History: Regulations .03B, .04B, .05B, .06, .08, .09B, .10B, .11, .12, .14B, .15B, .16B, and .17A, B amended effective June 18, 1984 (11:12 Md. R. 1063)*
- *Administrative History: Regulation .14B amended effective August 2, 1982 (9:15 Md. R. 1515)*
- *Administrative History: Regulation .18 adopted effective June 18, 1984 (11:12 Md. R. 1063) (Originally adopted as Regulation .17C; recodified as Regulation .18)*
- *Administrative History: Regulations .01—.18 repealed effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: ——————*
- *Administrative History: Annotation: Various provisions of COMAR 11.19.02 cited in Attorney General*
- *Administrative History: Opinion No. 83-042 (September 28, 1983), in which a county board of education could include product specifications in a transportation service contract that exceed the requirements set by Motor Vehicle Administration regulations. The specifications may not conflict with, or fall short of, any applicable regulation.*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.38 adopted effective June 1, 1987 (14:11 Md. R. 1261)*
- *Administrative History: Regulation .02D amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .03 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .03D amended effective June 19, 1995 (22:12 Md. R. 902)*
- *Administrative History: Regulation .03E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .04C amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .05 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .05H amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .06 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .06D amended effective April 1, 1991 (18:6 Md. R. 687); April 10, 1995 (22:7 Md. R. 537)*
- *Administrative History: Regulation .06E amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .07C, E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .07C, F amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .10Q amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .11A amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .13C adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .14C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .16 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .16G amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .16-1 adopted effective January 15, 1996 (23:1 Md. R. 29)*
- *Administrative History: Regulation .17A, J amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulations .18 amended effective January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .19 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .20B amended effective July 18, 1994 (21:1 Md. R. 1230)*
- *Administrative History: Regulation .20G adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .20H—J adopted effective July 18, 1994 (21:14 Md. R. 1230)*
- *Administrative History: Regulation .21C, E, F, M amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .23E amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .24 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .25A, B, D amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .25B amended and E adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .26 amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .27 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .27G amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .28D amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .29 amended effective January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .29D adopted effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .29E, F adopted effective October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .31 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687); October 10, 1994 (21:20 Md. R. 1733)*
- *Administrative History: Regulation .32 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .32C amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .34-1 adopted effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37D amended effective October 7, 1996 (23:20 Md. R. 1425)*
- *Administrative History: Regulation .37E amended effective June 27, 1988 (15:13 Md. R. 1557)*
- *Administrative History: Regulation .37F amended effective June 27, 1988 (15:13 Md. R. 1557); April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: Regulation .38 amended effective June 27, 1988 (15:13 Md. R. 1557); January 8, 1990 (16:26 Md. R. 2795)*
- *Administrative History: Regulation .38B amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 15, 1997 (24:25 Md. R. 1719)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .04B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .06A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .16B, K amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .17H, I amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .18 amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .21F, J, M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .29B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .31A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .32A, C amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .37E amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .38B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .01-1B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .04B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .07A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .14A amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .20J amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .21 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .31 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .32A amended effective March 3, 2014 (41:4 Md. R. 302)*
- *Administrative History: Regulation .32A, B amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .33B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-173, 12-104(b), and 25-110; Annotated Code of Maryland*
### **11.19.03** Type II School Vehicles — Construction Standards
##### **COMAR 11.19.03.01** Scope. {#sec-11.19.03.01 omnilex-key=us-md-regs-official--title-11--11.19.03.01}
A. This chapter is intended to provide minimum standards for the design, construction, and equipment of Type II school vehicles manufactured for sale in Maryland and is intended to enhance 49 CFR standards.
B. When CFR standards conflict with Maryland standards, CFR standards shall be used to construct Maryland certified school vehicles.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.02** Incorporation by Reference. {#sec-11.19.03.02 omnilex-key=us-md-regs-official--title-11--11.19.03.02}
A. In this chapter, the following documents are incorporated by reference.
B. Documents Incorporated.
(1) 49 CFR §393.65 All fuel systems, as amended.
(2) 49 CFR §393.67 Liquid fuel tanks, as amended.
(3) 49 CFR §393.77 Heaters, as amended.
(4) 49 CFR §571.101 Controls and displays, as amended.
(5) 49 CFR §571.102 Transmission shift position sequence, starter interlock, and transmission braking effect, as amended.
(6) 49 CFR §571.103 Windshield defrosting and defogging systems, as amended.
(7) 49 CFR §571.104 Windshield wiping and washing systems, as amended.
(8) 49 CFR §571.105 Hydraulic and electric brake systems, as amended.
(9) 49 CFR §571.108 Lamps, reflective devices, and associated equipment, as amended.
(10) 49 CFR §571.111 Rearview mirrors, as amended.
(11) 49 CFR §571.114 Theft protection and rollaway prevention, as amended.
(12) 49 CFR §571.116 Motor vehicle brake fluids, as amended.
(13) 49 CFR §571.119 New pneumatic tires for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds) and motorcycles, as amended.
(14) 49 CFR §571.120 Tire selection and rims and motor home/recreation vehicle trailer load carrying capacity 49 CFR information for motor vehicles with a GVWR of more than 4,536 kilograms (10,000 pounds) , as amended.
(15) 49 CFR §571.131 School bus pedestrian safety devices, as amended.
(16) 49 CFR §571.205 Glazing materials, as amended.
(17) 49 CFR §571.208 Occupant crash protection, as amended.
(18) 49 CFR §571.209 Seat belt assemblies, as amended.
(19) 49 CFR §571.210 Seat belt assembly anchorages, as amended.
(20) 49 CFR §571.217 Bus emergency exits and window retention and release, as amended.
(21) 49 CFR §571.220 School bus rollover protection, as amended.
(22) 49 CFR §571.221 School bus body joint strength, as amended.
(23) 49 CFR §571.222 School bus passenger seating and crash protection, as amended.
(24) 49 CFR §571.301 Fuel system integrity, as amended.
(25) 49 CFR §571.302 Flammability of interior materials, as amended. Repeal effective January 1, 2014 pursuant to Chapter 453, Acts of 2011.
(26) 49 CFR §571.303 Fuel system integrity of compressed natural gas vehicles, as amended.
(27) 49 CFR §571.304 Compressed natural gas fuel container integrity, as amended.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.03** Certification. {#sec-11.19.03.03 omnilex-key=us-md-regs-official--title-11--11.19.03.03}
A. A manufacturer, distributor, or dealer of Type II school vehicles that are to be sold or distributed in this State shall certify to the Administration that all vehicles they sell or distribute are in full compliance with the provisions of this chapter. The certification shall be:
(1) In a form prescribed by the Administration;
(2) Filed annually; and
(3) Filed before the introduction of a new model.
B. Supplemental certifications are required before new models are introduced during the current model year.
C. Metal Certification Plate.
(1) A stamped or embossed metal plate certifying that body construction is in compliance with the provisions of this chapter shall be posted by the body manufacturer in the area above the driver's seating position.
(2) The metal certification plate shall be visible and, at a minimum, shall contain the body model number followed by “MD” and the manufacturer's name.
(3) A tamper-proof, self-adhesive label with a clear surface that will not be damaged by moisture or cleaning solvents may be used in place of the metal plate. Upon return of the damaged or unreadable label, the manufacturer shall supply a new label to the owner.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.04** Bumpers. {#sec-11.19.03.04 omnilex-key=us-md-regs-official--title-11--11.19.03.04}
A. A front bumper shall be provided, and shall:
(1) Be painted black;
(2) Extend to protect the outer edges of the fenders;
(3) Be of sufficient strength to permit pushing another vehicle of comparable weight without permanent deformation; and
(4) Be located at a height of between 14 inches and 18 inches when measured from the bottom edge of the bumper to the level surface on which the unloaded bus stands.
B. A rear bumper shall be provided by the body manufacturer and it shall:
(1) Have at least a 7-inch face;
(2) Be at least 3/16 inch thick steel, or equivalent material;
(3) Be attached directly to the chassis frame with provisions for easy removal;
(4) Be constructed so as to prevent hitching to or riding on it;
(5) Be of sufficient strength to permit the vehicle to be pushed by another vehicle without permanent distortion;
(6) Extend at least 1 inch beyond the rearmost part of the body surface measured at the floor line;
(7) Be painted black; and
(8) Be located at a height of between 14 inches and 18 inches from the bottom edge to the level surface upon which the unloaded vehicle stands.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.05** Brakes. {#sec-11.19.03.05 omnilex-key=us-md-regs-official--title-11--11.19.03.05}
A. Braking systems may not allow the vehicle to be without operative brakes capable of stopping the vehicle when loaded to manufacturers gross vehicle weight at any legal road speed.
B. Brake lines shall be:
(1) Protected from excessive heat and vibration by means of a heat shield, if necessary; and
(2) Installed to prevent chafing, cutting, or stretching.
C. Brake drums and rotors shall be permanently and plainly marked to clearly indicate, in legible cast or stamped legend, the maximum safe diameter of the drum or minimum safe thickness of the rotor beyond which it may not be used or machined, but shall be discarded.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.06** Drive Train. {#sec-11.19.03.06 omnilex-key=us-md-regs-official--title-11--11.19.03.06}
A. Axles.
(1) The front axle and suspension shall be of sufficient capacity to support that portion of the load as would be imposed by the manufacturer's maximum gross vehicle weight rating.
(2) The rear suspension assembly shall have a gross weight rating equal to that portion of the load as would be imposed by the manufacturer's maximum gross vehicle weight rating.
B. Drive Shaft. Each segment of the drive shaft shall be equipped with a suitable guard to prevent accident or injury in the event of its fracture or disconnection.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.07** Electrical (Chassis Wiring). {#sec-11.19.03.07 omnilex-key=us-md-regs-official--title-11--11.19.03.07}
A. Alternator. The alternator with rectifier shall have an operational rating capable of supplying sufficient electrical power to maintain a fully charged storage battery with all electrical equipment, except the horn, hydraulic lift, and engine starting motor, operating simultaneously while the vehicle is running normally.
B. Battery.
(1) The battery shall:
(a) Be of sufficient capacity to supply all electrical requirements; and
(b) Have a minimum cold cranking capacity rating of 650 amperes measured at 0°F.
(2) If equipped with a hydraulic lift, the manufacturer shall equip the vehicle with an appropriate heavy duty battery and alternator.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.08** Exhaust System. {#sec-11.19.03.08 omnilex-key=us-md-regs-official--title-11--11.19.03.08}
A. The exhaust system shall include the:
(1) Exhaust manifold and gaskets; and
(2) Piping leading from the flange of the exhaust manifold to and including the muffler or mufflers and exhaust pipes.
B. The exhaust system may not extend into the body and shall be attached to the chassis.
C. Exhaust Pipes:
(1) Shall be of nonflexible 16-gauge steel. An Original Equipment Manufacture flexible pipe or its equivalent not longer than 24 inches in length may be used at the front of the system at or near the turbocharger;
(2) Shall exit:
(a) At the rear of the bus on either the left or right side of the emergency door, or
(b) Behind the rear wheel of the bus;
(3) May not exit under the fuel filler; and
(4) May not exit through or be attached to the bumper.
D. The complete exhaust system shall be:
(1) Tight and free from leaks; and
(2) Properly insulated from electrical wiring or any combustible part of the bus.
E. The complete exhaust system may not pass within 12 inches of the gasoline fuel tank or its connections unless a suitable heat baffle is installed between the exhaust system and gasoline fuel tank. A shield is not required between a diesel tank and exhaust.
F. The exhaust system noise level may not exceed the levels in COMAR 11.14.07.08.
G. The manufacturer shall provide the proper size exhaust pipes for the vehicle.
H. Replacement pipes shall be of the same diameter as the pipes provided by the manufacturer.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.09** Frame. {#sec-11.19.03.09 omnilex-key=us-md-regs-official--title-11--11.19.03.09}
A. The chassis frame, for a body on chassis type vehicles, shall extend to the rear edge of the rear body cross member.
B. The body shall be attached to the chassis frame in such a manner as to minimize shifting of the body from the chassis under severe impact.
C. Alterations.
(1) Alterations in the length of the frame may be made only behind the rear hangers of the rear springs or forward of the front hangers of the front springs, or both, and may not be for the purpose of extending the wheelbase.
(2) Alterations may be made only if designed and guaranteed either by the original chassis manufacturer or by the company installing the school vehicle body.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.10** Fuel System and Tank. {#sec-11.19.03.10 omnilex-key=us-md-regs-official--title-11--11.19.03.10}
A. Fuel Tank. The fuel tank shall:
(1) Have a minimum capacity of 22 gallons;
(2) Be filled and vented entirely outside the body; and
(3) Have a fill opening located so that accidental fuel spillage will not drip or drain to any part of the exhaust system.
B. A fuel filter with replaceable element shall be installed between the fuel tank and the engine fuel system.
C. The fuel lines shall be mounted to obtain maximum possible protection from the chassis frame.
D. If mounted on the right-hand side, the fill opening shall be equipped with a door.
E. If a fuel other than gasoline or diesel is used, the fuel system shall meet all applicable federal standards.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.11** Instruments. {#sec-11.19.03.11 omnilex-key=us-md-regs-official--title-11--11.19.03.11}
A. A type II school vehicle shall be equipped with, at a minimum, the following nonglare illuminated instruments and gauges:
(1) Ammeter or voltmeter with charge or discharge indication;
(2) Fuel gauge;
(3) Odometer capable of registering mileage in tenths of a mile;
(4) Oil pressure gauge;
(5) Speedometer;
(6) Upper beam headlamp indicator; and
(7) Water temperature gauge.
B. These instruments and gauges shall be:
(1) Mounted so as to allow for easy maintenance and repair; and
(2) Positioned so as to be clearly visible to a seated driver.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.12** Steering System. {#sec-11.19.03.12 omnilex-key=us-md-regs-official--title-11--11.19.03.12}
A. Steering gear shall be approved by the chassis manufacturer and designed to ensure safe and accurate performance when a vehicle is operated with a maximum load at maximum speed.
B. The steering adjustment mechanism shall be accessible to perform required external adjustments.
C. Only changes approved by the chassis manufacturer may be made in the steering apparatus.
D. The steering system design shall provide for lubrication of wear points, if necessary.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.13** Suspension (Springs and Shocks). {#sec-11.19.03.13 omnilex-key=us-md-regs-official--title-11--11.19.03.13}
A. Springs and Suspension Assemblies. Springs and suspension assemblies shall be:
(1) Of ample resiliency under all load conditions;
(2) Able to sustain the loaded vehicle without evidence of overload; and
(3) Designated to carry their proportional share of gross vehicle weight.
B. Rear Springs. Rear springs shall be of a progressive type.
C. Front Springs. If leaf-type front springs are used, the stationary eyes shall be protected by a full wrapped leaf in addition to the main leaf.
D. Shock Absorbers. Two front and two rear double acting shock absorbers compatible with the manufacturer's rated axle capacity shall be provided.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.14** Tires and Rims. {#sec-11.19.03.14 omnilex-key=us-md-regs-official--title-11--11.19.03.14}
A. Tires and rims of proper size and tires with load range commensurate with the chassis manufacturer's gross vehicle weight rating shall be provided.
B. If the vehicle is equipped with a spare tire and rim, they shall be of the same size as those mounted on the vehicle, and shall be mounted outside the passenger compartment under the vehicle.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.15** Alternating Flashing Lights. {#sec-11.19.03.15 omnilex-key=us-md-regs-official--title-11--11.19.03.15}
A. Warning Lights. A bus shall be equipped with four red flashing warning lights and four amber flashing warning lights that conform to the same requirements except as to:
(1) Color; and
(2) Candlepower which shall be at least 2-1/2 times that specified for red flashing warning lights.
B. Installation. Both red and amber flashing warning lights shall:
(1) Be installed so that each amber flashing warning light shall be located near each red flashing warning light, at the same level, but closer to the vertical center line of the vehicle; and
(2) Have shields over the warning lights, except those equipped by the manufacturer with Halogen or L.E.D (Light Emitting Diodes). Shields may be of a single type to cover both the red and amber lights and shall be painted black, with a minimum depth of 4 inches.
C. The system shall be wired so that the amber flashing warning lights are activated only by hand operation, and if activated, are automatically deactivated when the vehicle entrance door is opened.
D. The red and amber flashing warning lights shall draw an equal current load.
E. The flashing mechanism shall be capable of carrying the full current load of the signal system in continuous operation.
F. There shall be red and amber pilot lights which shall go on when the respective red or amber systems are actuated. The appropriate pilots shall either go out or flash at an obvious altered rate if any of the lights in the system are not functioning normally.
G. Warning Light System. The switches and red and amber pilot lights shall be mounted to the right of the seated driver within easy unobstructed reach in a panel or specific area in the dash and may not be incorporated with other switches.
H. Signal Lamp System.
(1) Master Switch. The amber pilot light and amber flashing lights shall go on, with the master switch on and the entrance door closed, when the momentary switch is depressed.
(2) Open Entrance Door. The amber pilot light and amber flashing lights shall go off and the red pilot light and red flashing lights shall go on when the entrance door is opened, and the stop arm and crossing arm, if equipped, shall automatically extend.
(3) Close Entrance Door. The red pilot and red flashing lights shall go off, and the stop arm and crossing arm, if equipped, shall retract immediately when the entrance door is closed.
(4) Open Entrance Door Without Depressing Momentary Switch. The red pilot light and red flashing lights shall go on, and stop arm and crossing gate, if equipped, shall automatically extend when the entrance door is opened without depressing the momentary switch.
(5) With the master switch off, depressing the momentary switch may not activate the amber flashing system. Opening the entrance door with the master switch off may not activate the red flashing signal and stop arm.
(6) An override switch shall be provided to permit activation of the red warning lights and red pilot light without opening the service door whether the master switch is in the on or off position.
I. Installation Requirements.
(1) Each flashing light shall be mounted with its axis substantially parallel to the longitudinal axis of the vehicle.
(2) Front and rear alternately flashing lights shall be spaced as far apart laterally as practicable.
(3) Alternately flashing lights shall be mounted at the front above the windshield and at the rear so that the lower edge of the lens is not lower than the top line of the side window.
(4) Vertical and lateral vision of the front and rear alternately flashing warning lights may not be obstructed by any part of the body or lamphouse insofar as standard vehicle body construction permits.
(5) The area around each lamp, extending approximately 1 inch outward, shall be painted black.
(6) A separate fuse or circuit breaker, adequate to prevent damage to the system in the event of a dead short, shall be provided between the power source and the master switch.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.16** Flashing White Strobe Light. {#sec-11.19.03.16 omnilex-key=us-md-regs-official--title-11--11.19.03.16}
A. A school vehicle may be equipped with a flashing white strobe light on the roof of the vehicle.
B. The flashing white strobe light:
(1) Shall be installed on the roof in a position not further than 1/3 of the body length forward from the rear edge of the roof;
(2) Shall have a single clear lens emitting light 360 degrees around its vertical axis;
(3) May not extend above the roof more than the maximum legal vehicle height, as set forth in Transportation Article, §24-104(a), Annotated Code of Maryland; and
(4) Shall be approved by the Administration.
C. If a flashing white strobe light is installed, a manual switch and pilot light shall be installed in the driver's compartment to indicate when the light is operating.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.17** Body Construction. {#sec-11.19.03.17 omnilex-key=us-md-regs-official--title-11--11.19.03.17}
A. The body shall be constructed of fire-resistant material and the materials used inside the passenger compartment.
B. The body shall be reasonably dustproof, gasproof, weathertight, and fume proof, and openings between the chassis and passenger compartment, where applicable, shall be sealed to prevent fumes or gases from entering the vehicle body.
C. The body manufacturer shall indicate in a permanent and readily visible location on the body the month and year of final completion of the vehicle.
D. The floor in the passenger compartment shall be level, except in the wheel housing, toeboard, stepwell, fuel fill pipe, and driver's platform areas which shall be constructed of fire resistant material.
E. Rub Rails.
(1) One rub rail shall:
(a) Be located approximately at the floor line;
(b) Cover the same longitudinal area as the upper rub rail, except at wheel housings; and
(c) Extend to the radii of the right and left rear corners of the vehicle.
(2) One rub rail shall:
(a) Be located on each side of the bus approximately at seat level; and
(b) Extend from the rear side of the entrance door completely around the bus body, except for the emergency door, to a point of curvature near the outside cowl on the left side.
(3) Both rub rails shall be:
(a) At least 4 inches in width;
(b) Of 16-gauge steel;
(c) Corrugated or ribbed;
(d) Attached at each body post and all other upright structural members; and
(e) Applied outside the body or outside the body posts, pressed in or snap on rub rails not satisfying this requirement.
F. A snow rail, if required, shall be installed the full length of the body skirt.
G. Snow and floor line rails shall be screwed or huck bolted on and may not be an integral part of the body.
H. The inside body height shall be 65 inches or more, measured metal to metal, at any point on the longitudinal center line from the front vertical bow to the rear vertical bow.
I. The vehicle body shall be thermally insulated between the inner and outer panels, ceiling, roof, and walls with proper material to deaden sound and to reduce vibrations to a minimum.
J. Projections and Exposed Edges.
(1) The interior of the vehicle, including the ceiling, shall be free of projections except those required for the installation of equipment approved by the Administration.
(2) An inner liner shall be provided on the ceiling and walls.
(3) Rearward components shall be lapped over forward components to reduce the likelihood of injury from exposed edges. Exposed edges shall be beaded, hemmed, or flanged.
K. Storage Compartment. A fire resistant container of adequate strength and capacity for the storage of tire chains, or tow chains and tools for minor emergency repairs, may be provided. If inside, the compartment shall have a cover and be fastened to the floor of the vehicle. A seat cushion may serve as a storage compartment cover.
L. Ventilation.
(1) The body shall be equipped with a suitable controlled ventilating system of sufficient capacity to maintain a proper quantity of air under normal operating conditions, without opening windows except in extremely warm weather.
(2) A static type exhaust roof ventilator is required, which:
(a) Shall be nonclosable; and
(b) May be incorporated into the roof vent or emergency exit.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.18** Book Racks. {#sec-11.19.03.18 omnilex-key=us-md-regs-official--title-11--11.19.03.18}
Book racks may not be installed in Type II school vehicles.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.19** Color and Identification (Lettering). {#sec-11.19.03.19 omnilex-key=us-md-regs-official--title-11--11.19.03.19}
A. Color.
(1) The school bus body, including the cowl, hood, and fenders shall be painted a uniform color, National School Bus Yellow. If the window pilasters are visible after the window is installed they also shall be painted National School Bus Yellow. A chrome or manufacturer's gray grill is acceptable and the roof may be painted white. The white painted area may not extend below the top of the marker lights on the sides of the vehicle. The front and rear caps may not be painted white.
(2) Body trim, on the exterior of the body, including the bumpers, the emergency door arrow, lamp hoods, and the lettering on the front, rear, and both sides of the body, shall be black. Yellow numbers on the front bumper are acceptable.
(3) Rub rails, seat line, and snow rails shall be painted glossy black.
(4) Wheel rims shall be black, gray, or silver.
B. Required Lettering.
(1) The lettering described in this section is required and shall be black, block type, and placed according to the appropriate diagrams in Figures 1 through 6.
(2) “SCHOOL BUS”.
(a) The body of the vehicle shall bear the words “SCHOOL BUS” in capital letters 8 inches by 1 inch, on both the front and rear of the body. This lettering:
(i) Shall be placed as high as possible without impairment of its visibility; and
(ii) May be on a reflective area 12 inches by 49 inches.
(b) The 12-inch by 49-inch background area may be reduced in size to conform to the contours of the vehicle.
(3) The words “EMERGENCY DOOR” or “EMERGENCY EXIT” in capital letters shall be 2 inches high painted above the door and above the emergency push-out windows, both inside and outside the vehicle.
(4) “Operating of Emergency Door or Exit Latch” shall be indicated by a 6-inch high by 3/4-inch wide black arrow indicating direction or release of the door or exit, inside and outside.
(5) The identification number shall be 6 inches high by 3/4 inch wide, shall be on all four sides of the vehicle and shall be visible directly from the front, rear, and each side. On the rear of the vehicle, the identification number shall be located above the rear bumper and below the window line. Temporary signage or numbers shall be placed in the second window on the lower glass on each side of the vehicle.
(6) If applicable, the name of the local school system shall be on both sides of the vehicle, properly centered, in letters 6 inches high by 1 inch wide.
(7) Contractors' and private owners' or operators' names shall be to the rear of the entrance door and at the same approximate location on the left side in letters 2-1/2—3 inches high by 1/4—1/2 inch wide in a 16 inch by 30 inch area.
C. The following lettering may be used, if required or desired:
(1) Address and telephone number of owner, placed to the rear of entrance door and at the same approximate location on the left side, in letters 2-1/2—3 inches high by 1/4—1/2 inch wide;
(2) “STOP ON SIGNAL”, in letters 4 inches high below the rear window; and
(3) Body manufacturer's name or logo, in letters placed in an area 8 inches by 24 inches above the first passenger window on each side of the vehicle.
D. Only signs and lettering approved by State law or regulation and any numbers necessary for identification shall appear on the vehicle. Bumper stickers are not permitted. The fleet number may be on the front bumper.
E. A vehicle titled and registered after April 2002 shall comply with all lettering size and location requirements. If buses are repainted, they shall be relettered in compliance with this regulation.
F. Lettering shall be painted or applied using vinyl die cut self-adhering letters and numbers.
G. “Drug Free School Zone” Lettering.
(1) If desired, “Drug Free School Zone” may be on the exterior of the vehicle.
(2) The lettering shall be:
(a) Located under the first window on the service door side or at another approved location near the service door; and
(b) 2 inches high by 3/8 inch wide.
(3) A decal for the “Drug Free School Zone” may be used provided the background is National School Bus Yellow and the decal is not larger than 8 inches by 18 inches.
H. Yellow Reflective Tape. Yellow reflective tape at least 1 inch wide and not wider than 6-1/2 inches may be used to form a:
(1) Single horizontal line on each side of the bus at the floor line; or
(2) Rectangular figure on the rear of the bus body, which shall have its:
(a) Vertical lines as close to the sides of the bus as possible without extending over the sides of the bus, and
(b) Horizontal lines consisting of one straight line above and near the rear bumper and one at or near the roof line.
I. The reflective tape specified in §H of this regulation may be applied in a discontinuous fashion so as not to cover any existing or required lettering.
J. Roof Identification Number. Identification numbers on the roof may be used. If used, they shall be:
(1) Located in the most forward section of the roof as possible;
(2) Lettered from the left side to the right side of the bus; and
(3) 18 inches high by 10 inches wide with a 2-3/4 inch stroke.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.20** Electrical — Lamps, Signals, Reflectors, and Fuses. {#sec-11.19.03.20 omnilex-key=us-md-regs-official--title-11--11.19.03.20}
A. Tail and Stop (Brake) Lamps. Two tail and stop lamps having an illuminated area of not less than 19 square inches shall be mounted on the rear of the vehicle at a height not less than 15 inches and not more than 72 inches above the surface on which the unloaded vehicle rests and shall be positioned as far apart as practicable.
B. Turn Signal Lamps.
(1) Turn signal lamps may be independent units and shall be equipped with a four-way hazard warning signal switch to activate simultaneous flashing of the turn signal lamps when needed as a vehicular traffic hazard warning.
(2) Surface mounted, amber clearance lamps, with a minimum of 4 candlepower each, shall be mounted on the sides of the body at approximately seat level rub rail height just to the rear of the service door on the right side, and approximately the same location on the left side, and shall be connected to function with the regular turn signal lamps.
C. Back-Up Lights.
(1) Two back-up lights shall be installed to be activated when the gear shift lever is placed in reverse.
(2) The lights shall be not less than 4 inches in diameter with a minimum of 32 candlepower and mounted above the bumper and below the window line.
D. Clearance, Side-Marker, and Identification Lamps.
(1) Two red clearance lamps on the rear and two amber clearance lamps on the front shall be mounted as high as practical on the permanent structure of the school bus to indicate extreme width.
(2) Two side marker lamps, amber at the front and red at the rear, shall be mounted on each side of the bus.
(3) Three red identification lamps shall be mounted on the same level not more than 8 inches apart in the center rear of the body as high as practical, and three amber identification lamps shall be likewise mounted in the center front of the body.
E. Interior lamps shall adequately illuminate the entire aisle, the emergency passageway, and the stepwell.
F. Circuits.
(1) Wiring shall be arranged in at least ten regular circuits as follows:
(a) Head, tail, stop (brake), and instrument panel lamps;
(b) Clearance and stepwell lamps;
(c) Dome lamps;
(d) Starter motor;
(e) Ignition and emergency door signal;
(f) Turn signal lamps;
(g) Alternately flashing red and amber warning signal lamps;
(h) Horn and wipers;
(i) Heater and defrosters; and
(j) Hydraulic or electric lift, if equipped.
(2) The combination circuits listed in §F(1) of this regulation may be subdivided into independent circuits. Each body circuit shall be coded by number or letter at 4 inch intervals or by color. The code shall appear on a diagram of the circuits in a readily accessible location.
G. Wiring Protection.
(1) Wires within the body shall be insulated and protected by a covering of fibrous loom, or its equivalent, which shall protect them from external damage and minimize dangers from short circuits.
(2) Whenever wires pass through the body or chassis members, additional protection in the form of a grommet or other appropriate type of insert shall be provided.
(3) Exposed wires are not permitted.
H. Wires shall be fastened securely according to manufacturer requirements, and joints shall be soldered or joined by equally effective connectors.
I. Switches.
(1) A solenoid switch or an electronic control system shall be connected to the ignition switch so that body accessories cannot be operated when the ignition switch is off.
(2) The alternating flashing warning lights, wheelchair lift, and electric powered service door, if equipped, may operate independently of the ignition switch.
(3) A noise reduction off and on switch shall be installed to permit the driver to shut off the body heater and fan motors. This requirement applies to school vehicles constructed as of the effective date of this regulation.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.21** Ignition Lock. {#sec-11.19.03.21 omnilex-key=us-md-regs-official--title-11--11.19.03.21}
A lock key or other device to prevent the vehicle from being set in motion or its engine started by an unauthorized individual, or otherwise contrary to the will of the owner or individual in charge of the vehicle, shall be provided.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.22** Horns. {#sec-11.19.03.22 omnilex-key=us-md-regs-official--title-11--11.19.03.22}
A suitable horn or horns providing an audible warning to other highway users at a distance of 300 feet shall be conveniently controlled from the driver's seated position.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.23** Back-Up Warning Alarm. {#sec-11.19.03.23 omnilex-key=us-md-regs-official--title-11--11.19.03.23}
An automatic non-variable audible alarm activated when the vehicle is in reverse shall be installed behind the rear axle and be at least 97 decibels.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.24** Emergency Equipment. {#sec-11.19.03.24 omnilex-key=us-md-regs-official--title-11--11.19.03.24}
A. Fire Extinguisher. The vehicle shall be equipped with at least one 5-pound capacity, pressurized, dry chemical fire extinguisher complete with hose. The extinguisher shall:
(1) Be mounted in a bracket located below the window line in the driver's compartment and shall be readily accessible;
(2) Be equipped with a pressure gauge mounted on the extinguisher so as to be easily read without moving the extinguisher from its mounted position;
(3) Be of a type with a total rating of 2A 10 ABC or greater; and
(4) Have an operating mechanism sealed with a type of seal which does not interfere with the use of the fire extinguisher.
B. First Aid Kit. Type II school vehicles shall carry a weatherproof first aid kit, removable and readily identifiable, mounted in an accessible, nonenclosed location in the driver's compartment. The kit shall contain at a minimum, the contents suggested by the National Standards for School Transportation Specifications and Procedures.
C. Reflectors and Flares.
(1) The vehicle shall be equipped with three red triangular emergency reflectors in a suitable holder located in the driver's area.
(2) The vehicle shall be equipped with three 30-minute stand-up lean-to flares stored in a red canister in the driver's area.
D. A locking device on the storage door for emergency equipment is prohibited.
E. Body Fluid Clean-Up Kit. Each bus shall have a removable and moisture-proof body fluid clean-up kit. The kit shall be properly mounted in the driver’s compartment and identified as a body fluid clean-up kit.
F. The safety equipment may be stored in a non-locking compartment that is permanently labeled “Safety Equipment Inside”.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.25** Flooring and Floor Covering. {#sec-11.19.03.25 omnilex-key=us-md-regs-official--title-11--11.19.03.25}
A. Underseat Areas. The floor in underseat areas, including the top and side of the wheelhousing, driver's compartment, and toe board, shall be covered with fire-resistant rubber or equivalent floor covering having a minimum overall thickness of 0.125 inch. A molded floor cover over wheel housings is acceptable.
B. Aisle and Step Areas.
(1) Floor covering in the aisle and steps shall be one continuous piece of fire resistant, nonskid, wear resistant, rubber, with a minimum overall thickness of 0.1875 inch.
(2) There shall be a heavy-duty, white-nosed, rubber wear plate where the floor covering meets the steps.
C. Bonding and Seals.
(1) Floor covering shall be permanently bonded to the floor.
(2) Bonding material or seam sealers shall match the manufacturer's specification to ensure waterproofing.
(3) All seams, including those in the front and rear of or over wheel housings, shall be covered with aluminum strips or joined by bonding or welding.
(4) Aisle seams shall be located on the aisle side of seat legs and shall be covered with strips made of aluminum or other material as approved by the Administration.
(5) Cove or cove molding made of metal or other material as approved by the Administration shall be installed over joints around the sides and rear body wall.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.26** Interior Heaters. {#sec-11.19.03.26 omnilex-key=us-md-regs-official--title-11--11.19.03.26}
A. Heaters shall be of a hot water type.
B. The heating system shall be capable of maintaining a temperature of not less than 50°F throughout the vehicle at the average minimum January temperature established by the National Weather Service, National Oceanic and Atmospheric Administration, for the area in which the vehicle is to be operated.
C. Heaters shall bear a name plate attached by the manufacturer which shall indicate the heater rating and which shall constitute certification that the heater performance is as shown on the plate.
D. Heater hoses shall be adequately supported to guard against excessive wear due to vibration, and may not dangle or rub against the chassis or sharp edges and may not interfere with or restrict the operation of any engine function.
E. Heater lines inside the passenger compartment shall be shielded to prevent accidental contact or scalding of the driver or passengers.
F. Dual Heater Installation.
(1) Each dual heater installation, if so equipped, shall:
(a) Include a shut-off valve on each heater hose located in the engine compartment or under the body to the rear of the right front wheel on each heater hose;
(b) Be secured to the underside of the chassis to prevent abrasion or damage; and
(c) Be of a type to withstand weathering and abrasion of this exposed location.
(2) One heater shall be located at the front of the vehicle as original equipment.
(3) If an auxiliary heater is used, it shall be located as far to the rear of the passenger compartment as possible.
G. Combustion Heaters.
(1) Combustion heaters are permitted and shall:
(a) Have a switch or one-way valve installed at the fuel tank when the fuel line is pressurized to shut off the fuel to the heater in case of a broken line;
(b) Have an indicator light in the driver's compartment to alert the driver of a malfunction;
(c) Be mounted on the left side of the vehicle in an individual compartment opening from the outside; and
(d) Have the exhaust come out the left side of the vehicle under the skirt as close to the rear wheels as possible.
(2) Only combustion heaters approved by the Administration may be installed on school vehicles.
H. Portable heaters may not be used.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.27** Repealed. {#sec-11.19.03.27 omnilex-key=us-md-regs-official--title-11--11.19.03.27}
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.28** Mirrors. {#sec-11.19.03.28 omnilex-key=us-md-regs-official--title-11--11.19.03.28}
A. An interior clear view mirror shall be at least 5 by 15 inches to afford a good view of the passengers and the roadway to the rear. If it is not metal backed and framed, the mirror shall be made of laminated safety glass. It shall have rounded corners and protected edges.
B. Two adjustable exterior, clear view mirrors, framed with black housing, shall be installed on each side of the vehicle.
C. Fender-Mounted Mirrors.
(1) One fender-mounted tripod or solid piece mirror bracket shall be mounted on each front fender.
(2) An exterior convex mirror shall be mounted on each front fender to provide a close infield of the vision to eliminate blind spots.
(3) A single mirror of a type approved by the Administration in conjunction with the State Department of Education may be used in place of the mirrors in §C(2) of this regulation.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.29** Seats, Crash Barriers, and Interior. {#sec-11.19.03.29 omnilex-key=us-md-regs-official--title-11--11.19.03.29}
A. Passenger Seats.
(1) The minimum clearance of all aisles, including the aisle or passageway between seats leading to the emergency door, shall be 12 inches.
(2) The forward-most seat on the right side of the vehicle shall be located so as not to interfere with the operator's vision and may not be farther forward than the rear of the operator's seat when adjusted to its rearmost position.
(3) The backs of seats of similar size shall be of the same width at the top, of the same height from the floor, and shall slant at the same angle with the floor.
(4) Seats shall be forward facing and shall be securely fastened with bolts and nuts to supporting parts of the vehicle.
(5) Each seat leg shall be fastened with a minimum of two bolts and nuts.
(6) Portable seats may not be used.
(7) Aisle supports of seat backs shall be slanted away from the aisle sufficiently to give an aisle clearance of 15 inches at the tops of the seat backs.
(8) As of January 1, 2014, all vehicles procured for use in this State shall be constructed with materials that enable it to meet all the criteria of the school bus seat upholstery fire block test established by the National School Transportation Specifications and Procedures adopted at the most recent National Congress on School Transportation.
(9) Seat cushions shall be fastened to the seat structure.
(10) Seat covering shall be of minimum 42-ounce or approved equal material.
B. Operator's Seat.
(1) The minimum distance between the steering wheel and the backrest of the operator's seat is 11 inches.
(2) The operator's seat shall:
(a) Be rigidly positioned;
(b) Have fore and aft adjustment of not less than 4 inches, without the use of tools or other devices; and
(c) Be fastened to the floor with bolts, nuts, and washers or flanged-head nuts.
C. Crash Barriers.
(1) Crash barriers shall be located on both sides of the aisle in front of the most forward facing seat.
(2) On vehicles with the engine inside the front of the body, the minimum distance between the barrier at the rear of the entrance stepwell and the engine cover shall be 14 inches at floor level.
(3) As of January 1, 2014, all vehicles procured for use in this State shall be constructed with materials that enable it to meet all the criteria of the school bus seat upholstery fire block test established by the National School Transportation Specifications and Procedures adopted at the most recent National Congress on School Transportation.
D. Sun Visor. An interior adjustable sun visor supported by two brackets not less than 5 inches wide and 15 inches long shall be installed so that it can be turned up to prevent being a hazard when not in use.
E. Steering Wheel. The steering wheel circumference shall have at least 2 inches of clearance at all points.
F. Speakers. Ceiling or side mounted speakers shall be flush mounted.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.30** Service Door. {#sec-11.19.03.30 omnilex-key=us-md-regs-official--title-11--11.19.03.30}
A. The service door shall:
(1) Be located on the right side near the front in a location which shall provide the seated driver an unobstructed view of the entrance;
(2) Have a minimum horizontal opening of 24 inches and a minimum vertical opening of 50 inches;
(3) Have a head pad, minimum of 1 inch by 4 inches of foam rubber, on the interior of the vehicle to extend the width of the door opening;
(4) Be of the jackknife, accordion, or split type;
(5) Be manually or power operated by the seated drive; and
(6) Be designed to afford easy release and prevent accidental opening.
B. The parts of a service door hand lever may not come together so as to shear or crush fingers.
C. Split-type doors may open outward, but if one section of a folding door opens inward and the other opens outward, the forward section shall open outward.
D. Vertical closing edges shall be equipped with padding to prevent injury.
E. The bottom of the lower glass panel may not be more than 10 inches from the top surface of the bottom step.
F. The top of the upper glass panel may not be more than 3 inches below the interior control cover or head pad.
G. Manually operated service doors shall be reinforced to support the door control operating mechanism.
H. Power operated doors shall be:
(1) Equipped so as to regulate control and to permit manual operation in case of power failure; and
(2) Labeled on the inside in letters at least 1/2 inch high with instructions for emergency opening.
I. Step Well.
(1) Step risers shall be approximately equal in height, with the upper riser not more than 12 inches high.
(2) The steps shall be surfaced with a non-skid material with a minimum of 1-1/2 inch white nosing on the steps and where the floor meets the steps as an integral piece.
(3) The step well shall be illuminated by at least one lamp providing a white light actuated automatically when the service door is open.
(4) The lower step may not be less than 10 inches and not more than 14 inches above the level on which the unloaded vehicle rests.
(5) The entrance may be equipped with a running board-type step which does not extend beyond the width of the vehicle body.
(6) A step well shall have a grab handle of stainless steel not less than 10 inches in length and be properly secured on the left in an unobstructed location inside the doorway.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.31** Emergency Door. {#sec-11.19.03.31 omnilex-key=us-md-regs-official--title-11--11.19.03.31}
A. Emergency exits shall be in accordance with the requirements of 49 CFR §571.217, with the following additions:
(1) The rearmost seats shall be spaced to provide an unobstructed exit; and
(2) The words “Emergency Door” shall be 2 inches high by 3/8 inch wide black lettering and shall be applied above the door and emergency push-out windows on the inside and outside of the vehicle. If the outside areas above the door or the upper door window are not large enough for the words, the words may be placed on the door under the upper window.
B. There shall be a head bumper pad sufficient to reduce the likelihood of injury upon impact installed on the inside of the vehicle at the top of the emergency door. The pad shall:
(1) Be 4 inches wide; and
(2) Extend across the entire top of the door opening.
C. Passage to the emergency door shall be kept clear of obstructions.
D. Slide Bar Latch.
(1) The emergency door or doors shall be equipped with a slide bar-type latch which shall extend into or overlap the door frame by not less than 1 inch.
(2) If a vertical slide bar latch system is used, it shall simultaneously engage latch plates in both the floor and overhead structure not more than 4-1/2 inches from the opening side of the door or doors.
(3) The outside handle of the slide bar latch shall be installed so as to minimize hitching and shall be a nondetachable device.
E. An automatically operated, distinctive audible signal shall clearly indicate to the seated driver, when the engine is running, the unlatching of the emergency door or doors. A cut-off switch except through the ignition switch may not be installed in the circuit.
F. The upper and lower portion of a central rear emergency door shall be equipped with approved safety glass, the exposed area of which shall be not less than 400 square inches in the upper portion and not less than 300 square inches in the lower portion.
G. Prohibitions.
(1) There may not be steps leading to the emergency door; and
(2) The engine starting system of a bus may not operate if any emergency exit is locked from either inside or outside the bus.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.32** Emergency Exit Windows. {#sec-11.19.03.32 omnilex-key=us-md-regs-official--title-11--11.19.03.32}
A. An automatically operated distinctive audible signal shall clearly indicate to the seated driver, when the engine is running, that an emergency window has been unlatched. A cut-off switch except through the ignition switch may not be installed in the circuit.
B. Operating Instructions.
(1) Concise operating instructions describing the motions necessary to unlatch and open the emergency window shall be:
(a) Of a color that contrasts with the letters' background; and
(b) Located within 6 inches of the release mechanism on the inside surface of the vehicle.
(2) A decal containing the instructions may be placed on the window. The decal shall be transparent except for the lettering.
C. The emergency window, if provided, shall be labeled “Emergency Exit” in letters 2 inches high located at the top of or directly above the emergency window on both the inside and outside surfaces of the vehicle.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.33** Roof Vent/Emergency Exit. {#sec-11.19.03.33 omnilex-key=us-md-regs-official--title-11--11.19.03.33}
At least one roof vent/emergency exit shall be installed and be:
A. Adjustable;
B. Equipped with a release handle inside and outside to permit the ventilator cover to hinge open for emergency exit;
C. Labeled “Emergency Exit” followed by precise operating instructions; and
D. Equipped with a distinctive audible alarm, if a roof vent.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.34** Stop Signal Arm. {#sec-11.19.03.34 omnilex-key=us-md-regs-official--title-11--11.19.03.34}
A second stop signal arm may be installed on the left outside of the body and shall be installed as close as practicable to the rear of the bus.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.35** Crossing Arm. {#sec-11.19.03.35 omnilex-key=us-md-regs-official--title-11--11.19.03.35}
A. A crossing arm may be installed on the far right of the front bumper. The crossing arm:
(1) Shall be securely bolt-mounted;
(2) Shall be easily removable for towing;
(3) Shall be activated simultaneously with the stop arm;
(4) May not open more than 90 degrees;
(5) Shall extend a minimum of 66 inches from the front of the bumper when activated;
(6) May not have sharp edges or projections which may cause injury to students; and
(7) Shall be air, vacuum, or electrically operated and may not have lights.
B. Interrupt Switch.
(1) A crossing arm interrupt switch may be installed on the dash near the control box for the alternating flashing lights.
(2) Pressing the switch shall stop the arm from opening for a full cycle and the arm shall recycle after the alternating flashing lights have been deactivated.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.36** Undercoating. {#sec-11.19.03.36 omnilex-key=us-md-regs-official--title-11--11.19.03.36}
A. The entire underside of the vehicle body and front fenders, including floor members and side panels below floor level, shall be coated with a fire resistant asphalt based or rubber based undercoating material applied by spray method at least 1/8 inch thick in order to seal, deaden sound, insulate, and prevent oxidation.
B. Fiberglass construction is exempt from undercoating requirements.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.37** Wheel Housing. {#sec-11.19.03.37 omnilex-key=us-md-regs-official--title-11--11.19.03.37}
A. The wheel housing opening shall allow for easy tire removal and service.
B. The wheel housing shall be attached to the floor sheets in such a manner as to prevent dust, water, or fumes from entering the body.
C. The inside height of the wheel housing above the floor line may not exceed 10 inches.
D. The wheel housing shall provide clearance for the installation and use of tire chains on single and dual, if so equipped, power driving wheels.
E. No part of a raised wheel housing may extend into the emergency door opening.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.38** Windshields, Windows, Wipers, and Washers. {#sec-11.19.03.38 omnilex-key=us-md-regs-official--title-11--11.19.03.38}
A. Safety Glass. Glass shall be installed so that the identification mark is legible.
B. Windshields. The windshield shall:
(1) Be large enough to permit the operator to see the highway clearly;
(2) Be slanted to reduce glare; and
(3) Be installed between front corner posts that are so designed and located as to afford a minimum of obstruction to the operator's view of the highway.
C. Stirrup Steps. There may be at least one folding stirrup step or recessed foothold and suitably located handles on each side of the front of the body for easy accessibility for cleaning the windshield and lamps.
D. Windows.
(1) Glass in passenger compartment side windows, doors, and rear windows shall be AS-2 or AS-3 laminated safety glass.
(2) Passenger compartment windows shall:
(a) Operate freely;
(b) Open 9—10-1/2 inches from the top only and provide an emergency exit of at least 9 inches by 22 inches;
(c) Have all exposed edges of glass banded;
(d) Be free of window guards or bars either on the inside or outside; and
(e) Be aluminum-framed split sash.
E. Windshield Wipers.
(1) Automatic, variable, two speed or intermittent windshield wipers with nonglare arms and blades shall be installed so as to clean the maximum possible area of the windshield.
(2) The windshield wiper blades and arms shall:
(a) Be heavy-duty; and
(b) Be at least 14 inches long.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.39** Video Cameras. {#sec-11.19.03.39 omnilex-key=us-md-regs-official--title-11--11.19.03.39}
A video camera system may be installed if the system is:
A. Approved by the Administration;
B. Installed securely in an area of the vehicle with no sharp edges;
C. Located in an area not likely to cause student injury; and
D. Outside the federal head impact zone, as defined in 49 CFR §571.222.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.40** Safety Detection Systems. {#sec-11.19.03.40 omnilex-key=us-md-regs-official--title-11--11.19.03.40}
A. A safety detection system approved by the Federal Communications Commission may be installed to warn bus drivers of moving objects such as children within areas around a school vehicle considered to be most dangerous, if the system:
(1) Is designed to monitor and warn school bus drivers of moving objects during loading and unloading;
(2) Operates automatically;
(3) Is activated by extending the stop arm; and
(4) Has audible and visual alarms.
B. The audible alarm volume shall compensate for background noises.
C. The visual alarm shall be easily visible both at night and in bright sunshine.
D. The system shall be located in the driver's compartment and be visible to the driver in a seated position.
E. A delay feature shall be incorporated in the system which shall operate the detection unit for a brief period of time after the bus resumes motion.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.41** Air Conditioning Systems. {#sec-11.19.03.41 omnilex-key=us-md-regs-official--title-11--11.19.03.41}
A. Air conditioning systems may be installed in school vehicles if:
(1) The systems are approved by the Administration;
(2) The agency and personnel installing the systems have been certified by the air conditioning manufacturer;
(3) There are no sharp edges or protrusions that could injure students;
(4) The total vehicle battery capacity is of sufficient amperes to supply all electrical requirements;
(5) The vehicle alternator rating is at least 130 amperes; and
(6) The system does not contain refrigerant that is toxic to individuals or is flammable.
B. System operating controls, including the on-off and blower switch or switches and the thermostat control or controls, shall be accessible to the driver in a seated position.
C. Wiring, hoses, and lines shall be grommeted, routed, and supported so as to reduce wear resulting from heat, chafing, vibration, or other factors.
D. Evaporator cases, lines and ducting shall be designed so that condensation is effectively drained to the exterior of the vehicle below floor level and under all conditions of vehicle movement without leakage on any interior portion of the vehicle. Evaporator cases, lines, and ducting shall be inaccessible to passengers.
E. System components shall be readily available for servicing.
F. An air conditioning grill on the exterior shall be the same color as the predominant area in which it is installed.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.42** Air Cleaners. {#sec-11.19.03.42 omnilex-key=us-md-regs-official--title-11--11.19.03.42}
The engine intake air cleaner shall be furnished and properly installed by the chassis manufacturer to meet engine specifications.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
##### **COMAR 11.19.03.43** Child Reminder System. {#sec-11.19.03.43 omnilex-key=us-md-regs-official--title-11--11.19.03.43}
A child reminder system approved by the Administration may be installed. The deactivating switch shall be located on the inside rear-most portion of the bus.
**History**
- *Administrative History: Effective date: April 17, 1981 (8:8 Md. R. 722)*
- *Administrative History: Regulation .01 amended as an emergency provision effective July 24, 1981 (8:15 Md. R. 1300); adopted permanently effective October 26, 1981 (8:21 Md. R. 1709)*
- *Administrative History: Regulations .01—.02, .04, .06—.11, .13, .15—.18, .20—.24, .26, .29—.33, .35, .36, .40, .42—.46, .49—.52, .54, .55, and .58 amended effective June 3, 1985 (12:11 Md. R. 1050)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.58 repealed and new Regulations .01—.42 adopted effective April 19, 1999 (26:8 Md. R. 616)*
- *Administrative History: Regulations .03C .09C, .17C, .19A, .24, .25C and .34 amended effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: Regulation .15B amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19A amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .19K adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .20M amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .26F amended effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .41F adopted effective June 20, 2005 (32:12 Md. R. 1047)*
- *Administrative History: Regulation .43 adopted effective April 2, 2001 (28:6 Md. R. 621)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .08A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .19 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .23 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .24E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .25B amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .26 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .28 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .29A, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .30A amended effective January 21, 2013 (40:1 Md. R. 20); March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .31G amended effective March 28, 2016 (43:6 Md. R. 410)*
- *Administrative History: Regulation .32B, C amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .33 amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Administrative History: Regulation .38A, E amended effective January 21, 2013 (40:1 Md. R. 20)*
- *Authority: Education Article, §7-808; Transportation Article, §§11-174, 12-104(b), and 25-110; Annotated Code of Maryland*
### **11.19.04** School Vehicle Inspection
##### **COMAR 11.19.04.01** Scope. {#sec-11.19.04.01 omnilex-key=us-md-regs-official--title-11--11.19.04.01}
A. A school vehicle as defined in Transportation Article, §11-154, Annotated Code of Maryland, is subject to the inspection program set forth in this chapter.
B. Except for school vehicles owned by a board of education, a school vehicle owner or school vehicle lessee shall submit, on a form approved by the Administration, a list of its school vehicles and the names and addresses of the boards of education or private or parochial schools, or both, to which students are transported. Changes in the required list shall be reported to the Administration within 10 days of the effective change.
C. At any time during regular Administration or school business hours, the Administration may:
(1) Audit school vehicle inspection operations and records; and
(2) Conduct school vehicle inspections.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective July 1, 1994 (21:11 Md. R. 951)*
- *Administrative History: Regulation .01 amended effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .01B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .03B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .03C adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .04 amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .06 amended effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .07 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .08B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .10 adopted effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .10 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .11 adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.04.02** Definitions. {#sec-11.19.04.02 omnilex-key=us-md-regs-official--title-11--11.19.04.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Board of Education” means a local public school system.
(3) “Certification” means a signed statement, made under penalty of perjury, on a form provided by the Administration.
(4) “Head start vehicle” has the meaning defined in Transportation Article, §11-154(a)(2)(iii), Annotated Code of Maryland.
(5) “Head start vehicle inspection” means an annual Type A inspection of a head start vehicle completed by an inspection mechanic at an authorized Maryland State Inspection facility.
(6) “Inspection mechanic” means an individual that is licensed by the Administration or Automotive Safety Enforcement Division to perform vehicle safety inspections on a specific class of vehicles.
(7) “Major defect” means damage or wear which is cause for rejection under COMAR 11.14.02 or 11.14.04, and other damage, wear, or missing equipment or part which may make the vehicle unfit or unsafe for the transportation of passengers.
(8) “Minor defect” means damage or wear not specified as a major defect.
(9) “MVA compliance agent” means an authorized representative of the Administration's Vehicle Inspection Services Division.
(10) “School vehicle” has the meaning defined in Transportation Article, §11-154, Annotated Code of Maryland.
(11) “School vehicle repair order” means a written order to repair defective equipment on a school vehicle, issued by a MVA compliance agent.
(12) “Type A inspection” means an inspection of a school vehicle that includes the inspection of the items set forth in COMAR 11.14.02 and 11.14.04 for Type I and Type II school vehicles.
(13) “Type B inspection” means an inspection of a school vehicle that includes the inspection of all items in a Type A inspection, except those which require removing the wheels of the school vehicle.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective July 1, 1994 (21:11 Md. R. 951)*
- *Administrative History: Regulation .01 amended effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .01B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .03B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .03C adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .04 amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .06 amended effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .07 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .08B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .10 adopted effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .10 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .11 adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.04.03** School Vehicle Inspection Procedures. {#sec-11.19.04.03 omnilex-key=us-md-regs-official--title-11--11.19.04.03}
A. Type A Inspections. During each 12-month period, the owner of a school vehicle shall submit to the Administration a certification that a Type A inspection was completed by the owner, or the owner's representative, within the previous 12 months.
B. Type B Inspections.
(1) In addition to the Type A inspection required under §A of this regulation, school vehicles shall receive a Type B inspection two times a year.
(2) The Board of Education shall perform the Type B inspection on school vehicles owned or contracted to them.
(3) Other school vehicles shall be inspected by the owner or the owner's representative.
(4) One Type B inspection shall be:
(a) Observed and recorded by an MVA compliance agent; and
(b) Witnessed by the:
(i) Supervisor of transportation, or the supervisor's authorized representative, for school vehicles publicly owned or under contract to a Board of Education, or
(ii) Owner, or the owner's authorized representative, for school buses owned by or under contract to a private or parochial school.
(5) Type B Inspection Scheduling.
(a) Type B inspections shall be scheduled at least 60 days apart.
(b) The Administration shall schedule:
(i) One of the Type B inspections for school vehicles publicly owned, or under contract to, a Board of Education; and
(ii) All Type B inspections for school vehicles operating for private or parochial schools.
(c) The other Type B inspection for school vehicles publicly owned and school vehicles under contract to the Board of Education shall be scheduled by the Board of Education's transportation supervisor.
(6) The Board of Education's transportation supervisor shall notify the Administration, in writing, of the date and location of the inspections of all school vehicles publicly owned or under contract with the Board of Education.
(7) For school vehicles used to transport students to a private or parochial school, the school's transportation supervisor or the owner of the school vehicles shall notify the Administration, in writing, of the inspection locations.
(8) Major Defects.
(a) If a major defect that cannot be immediately corrected is discovered during an inspection observed by an MVA compliance agent, the MVA compliance agent shall:
(i) Issue a school vehicle equipment repair order;
(ii) Suspend the school vehicle's registration; and
(iii) Confiscate the school vehicle's plates.
(b) If a major defect is discovered and corrected during an inspection, the MVA compliance agent shall record the defect and note that it was corrected during the inspection.
(c) Vehicle Removed From Service.
(i) If a major defect that cannot be immediately corrected is discovered during an inspection not observed by an MVA compliance agent, the Administration shall be notified immediately and the vehicle shall be removed from service.
(ii) The Administration may suspend the registration of a vehicle removed from service and confiscate the vehicle registration plates.
(iii) When all major defects are corrected, the school vehicle owner or the Board of Education may return the vehicle to service if the Administration has not suspended the vehicle's registration.
(iv) If the Administration has suspended the vehicle's registration, the school vehicle owner or the Board of Education shall arrange for an inspection by an MVA compliance agent.
(v) The Administration shall return the registration plates when the school vehicle successfully passes reinspection.
(9) Minor Defects.
(a) If a minor defect is discovered during an inspection observed by an MVA compliance agent, the MVA compliance agent shall issue a school vehicle equipment repair order.
(b) When all minor defects on publicly owned school vehicles are corrected, the local supervisor of transportation or the supervisor's authorized agent shall certify on the school vehicle equipment repair order that the minor defects are corrected, and shall return the school vehicle equipment repair order to the Administration within 30 days of the inspection.
(c) When all minor defects on non-publicly owned school vehicles are corrected, the owner of the vehicles or the owner's authorized agent shall certify on the school vehicle equipment repair order that the minor defects are corrected and return the school vehicle equipment repair order to the Administration within 30 days of the inspection.
(d) Failure to correct all minor defects and certify that they have been corrected, or to return the school vehicle equipment repair order to the Administration within 30 days, shall result in the suspension of the school vehicle's registration.
C. Head Start Vehicle Inspection. During each 12-month period, the owner of a head start vehicle shall submit to the Administration a certification that a head start vehicle inspection was completed by an inspection mechanic at an authorized Maryland State Inspection facility.
**Cross References**
11.19.04.07B
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective July 1, 1994 (21:11 Md. R. 951)*
- *Administrative History: Regulation .01 amended effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .01B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .03B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .03C adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .04 amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .06 amended effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .07 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .08B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .10 adopted effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .10 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .11 adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.04.04** Removal of Unsafe School Vehicle from Service. {#sec-11.19.04.04 omnilex-key=us-md-regs-official--title-11--11.19.04.04}
A mechanically unfit or otherwise unsafe school vehicle, including a school vehicle found to have a major defect that was not immediately corrected during an inspection, shall be removed from service by:
A. The owner;
B. The Supervisor or Director of Transportation, if the vehicle is under contract with the Board of Education;
C. An MVA compliance agent; or
D. An agent or employee of the persons identified in §§A and B of this regulation.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective July 1, 1994 (21:11 Md. R. 951)*
- *Administrative History: Regulation .01 amended effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .01B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .03B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .03C adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .04 amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .06 amended effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .07 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .08B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .10 adopted effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .10 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .11 adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.04.05** Transmittal of Certifications. {#sec-11.19.04.05 omnilex-key=us-md-regs-official--title-11--11.19.04.05}
A. Certifications of inspection shall be sent to the Administration within 10 days of the inspection.
B. Failure to forward the required certification under this regulation may result in a suspension of the school vehicle's registration.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective July 1, 1994 (21:11 Md. R. 951)*
- *Administrative History: Regulation .01 amended effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .01B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .03B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .03C adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .04 amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .06 amended effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .07 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .08B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .10 adopted effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .10 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .11 adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.04.06** School Vehicles Manufactured Before April, 1977. {#sec-11.19.04.06 omnilex-key=us-md-regs-official--title-11--11.19.04.06}
A. Every 12 months the Administration shall schedule three inspections for a school vehicle manufactured before April, 1977. These inspections shall be conducted as follows:
(1) For a Type I or Type II school vehicle:
(a) Two Type B inspections shall be conducted by a MVA compliance agent; and
(b) One Type A inspection shall be conducted by a licensed State inspection station or a school vehicle inspection station that is certified by the Administration.
(2) For a head start vehicle:
(a) Two Type B inspections shall be conducted by an MVA compliance agent; and
(b) One head start vehicle inspection shall be conducted by an inspection mechanic at an authorized Maryland State Inspection facility.
B. Type B Inspection.
(1) The vehicle owner shall provide all the equipment and tools necessary to conduct an inspection.
(2) The vehicle owner’s mechanic shall assist the MVA compliance agent and shall raise the vehicle for performing the inspection.
(3) The results of each Type B inspection shall be recorded by the MVA compliance agent and witnessed by the owner or his authorized agent.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective July 1, 1994 (21:11 Md. R. 951)*
- *Administrative History: Regulation .01 amended effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .01B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .03B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .03C adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .04 amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .06 amended effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .07 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .08B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .10 adopted effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .10 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .11 adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.04.07** School Vehicles Over 12 Years Old. {#sec-11.19.04.07 omnilex-key=us-md-regs-official--title-11--11.19.04.07}
A. A school vehicle over 12 model or calendar years old, after initial registrations:
(1) Shall, at the end of the 12th year, have:
(a) For a Type I or Type II school vehicle, an Inspection certification or a Type A inspection performed by an Inspection Mechanic at a licensed State inspection station or a school vehicle inspection station that is certified by the Administration; or
(b) For a head start vehicle, a head start vehicle inspection completed by an inspection mechanic at an authorized Maryland State Inspection facility; and
(2) Is subject to the following annual inspection requirements:
(a) For a Type I or II school vehicle:
(i) One Inspection certification or a Type A inspection conducted by an Inspection Mechanic at a licensed State inspection station or a school vehicle inspection station that is certified by the Administration;
(ii) One Type B inspection conducted by an MVA compliance agent; and
(iii) One Type B inspection conducted by the owner or the owner’s authorized representative: or
(b) For a head start school vehicle:
(i) One head start vehicle inspection completed by an inspection mechanic at an authorized Maryland State Inspection facility;
(ii) One Type B inspection conducted by an MVA compliance agent; and
(iii) One Type B inspection conducted by the owner or the owner’s authorized representative.
B. The Type B inspection conducted by the owner or the owner’s representative under §A(2)(a)(iii) or §A(2)(b)(iii) of this regulation shall be conducted and certified as specified in Regulation .03 of this chapter.
C. When a Type B inspection is conducted by a MVA compliance agent under §A(2)(a)(ii) or §A(2)(b)(ii) of this regulation:
(1) The vehicle owner shall provide all the equipment and tools necessary to conduct an inspection;
(2) The vehicle owner's mechanic shall assist the MVA compliance agent and shall raise the vehicle for performing the inspection; and
(3) The results of each Type B inspection shall be recorded by the MVA compliance agent and witnessed by the owner or his authorized agent.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective July 1, 1994 (21:11 Md. R. 951)*
- *Administrative History: Regulation .01 amended effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .01B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .03B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .03C adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .04 amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .06 amended effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .07 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .08B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .10 adopted effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .10 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .11 adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.04.08** Temporary Repair Tags. {#sec-11.19.04.08 omnilex-key=us-md-regs-official--title-11--11.19.04.08}
A. When suspending a school vehicle registration, the Administration may issue a 30-day temporary repair tag for the sole purpose of transporting a vehicle to and from a garage, repair shop, or automotive repair facility.
B. A temporary repair tag may not be issued for:
(1) Vehicles that are suspended for failure to repair minor defects within 30 days; or
(2) A vehicle with a defect that would cause the vehicle to be unsafe to drive to a repair facility.
C. The temporary registration may not be used for passenger transportation, except for auto mechanics, engineers, school officials, licensed dealers, or factory representatives involved in the diagnoses of mechanical defects or the test driving of the school vehicle.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective July 1, 1994 (21:11 Md. R. 951)*
- *Administrative History: Regulation .01 amended effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .01B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .03B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .03C adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .04 amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .06 amended effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .07 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .08B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .10 adopted effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .10 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .11 adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.04.09** Records Retention. {#sec-11.19.04.09 omnilex-key=us-md-regs-official--title-11--11.19.04.09}
Copies of inspection records and certifications for inspections not observed by the Administration shall be maintained by the:
A. Board of Education for a school vehicle owned or under contract with the Board of Education for as long as the school vehicle is owned by or under contract with the Board of Education; or
B. School vehicle owner for a school vehicle owned by or operated for a private or parochial school for as long as the owner owns the school vehicle.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective July 1, 1994 (21:11 Md. R. 951)*
- *Administrative History: Regulation .01 amended effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .01B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .03B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .03C adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .04 amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .06 amended effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .07 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .08B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .10 adopted effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .10 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .11 adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.04.10** School Vehicle Tag Certification. {#sec-11.19.04.10 omnilex-key=us-md-regs-official--title-11--11.19.04.10}
A. School vehicles shall be acceptance inspected for registration by:
(1) An MVA compliance agent; or
(2) The supervisor or director of transportation of a local school system or a representative appointed by the supervisor or director of transportation.
B. After completing the acceptance inspection of a school vehicle, the MVA compliance agent shall:
(1) If submitting the inspection certification in paper form to the Administration:
(a) Complete the prenumbered inspection certification in ink;
(b) Issue the white copy of the inspection certification to the school vehicle owner; and
(c) Return one copy of the certification to the Administration’s Vehicle Inspection Services Division; or
(2) Submit electronically to the Administration’s Vehicle Inspection Services Division.
C. The school vehicle owner shall submit the original inspection certification to the Administration when applying for tags. Copies of the inspection certification may not be accepted.
D. If an original inspection certification is lost, a duplicate shall be issued and cross-reference shall be made to the original certification.
E. If an original inspection certification is damaged, incorrect, or illegible:
(1) All copies shall be marked VOID and returned to the Administration's Vehicle Inspection Services Division; and
(2) A duplicate shall be issued and cross-reference shall be made to the original certification.
F. The supervisor or director of transportation of the local school system shall:
(1) Submit inspection certifications as follows:
(a) If submitting the inspection certification in paper form to the Administration:
(i) Issue the inspection certification in strict numbered sequence;
(ii) Maintain strict security of unused inspection certifications in a locked safe, cabinet, or desk;
(iii) Ensure that only designated personnel have access to the inspection certifications;
(iv) Immediately notify the Administration if any inspection certifications are stolen, lost, or destroyed; and
(v) Make certifications available for audit by the Administration during duty hours of the school system involved; or
(b) Submit electronically; and
(2) Notify the Administration when any change in the supervisor or director of transportation position is made.
G. The Vehicle Inspection Services Division shall notify the Administration’s Vehicle Registration Section not to accept stolen, lost, or destroyed certifications, which the Administration is notified of, under §F(1)(a)(iv) of this regulation.
H. The administrative penalties for failure to comply with this regulation are:
(1) Confiscation of all inspection certification forms by the Administration; and
(2) Suspension of the authority of the supervisor or director of transportation and their representative to issue inspection certification.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective July 1, 1994 (21:11 Md. R. 951)*
- *Administrative History: Regulation .01 amended effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .01B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .03B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .03C adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .04 amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .06 amended effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .07 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .08B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .10 adopted effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .10 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .11 adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.04.11** Head Start Vehicle. {#sec-11.19.04.11 omnilex-key=us-md-regs-official--title-11--11.19.04.11}
Pursuant to Transportation Article, §11-154, Annotated Code of Maryland, school vehicles may be registered in Maryland that were originally titled in another state and used to transport children, students, or teachers for educational purposes or in connection with a school activity in that state. These vehicles shall comply with regulations on transporting children enrolled in the federally funded Head Start program adopted by the United States Department of Health and Human Services. These Vehicles are to be used solely for transporting children to and from a Head Start program.
A. Head start vehicle owners shall:
(1) Have a head start vehicle inspection conducted for the initial registration and annually thereafter by an inspection mechanic at an authorized Maryland State Inspection facility.
(2) Be issued a School Vehicle Tag Certification (Form EP-216) for tags after being acceptance inspected by the Administration for compliance with COMAR Construction Standards 11.19.02.20 Color and Identification (Lettering) in addition to all equipment necessary for Head Start Transportation in the Code of Federal Regulations, Title 45, §1310.
(3) Submit a School Vehicle Contract Certification (EP-211) written contract certification to the Administration that the vehicle used for Head Start transportation will only be transporting children to and from a Head Start program.
(4) Be issued a Head Start Vehicle registration plate that is centrally issued by the Administration pursuant to Transportation Article, §13-420, Annotated Code of Maryland, after approval from the School Vehicle Safety Section.
B. A head start vehicle shall be constructed with materials that enable it to meet all criteria of the school bus seat upholstery fire block test established by the National School Transportation specifications and procedures adopted at the most recent National Congress on School Transportation.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective December 12, 1980 (7:25 Md. R. 2338)*
- *Administrative History: ——————*
- *Administrative History: Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective July 1, 1994 (21:11 Md. R. 951)*
- *Administrative History: Regulation .01 amended effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .01B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .02B amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .03B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .03C adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .04 amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .06 amended effective October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .07 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .08B amended effective July 12, 2010 (37:14 Md. R. 939)*
- *Administrative History: Regulation .10 adopted effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .10 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)*
- *Administrative History: Regulation .11 adopted effective October 1, 2017 (44:19 Md. R. 897)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
### **11.19.05** School Vehicle Drivers
##### **COMAR 11.19.05.01** Physical Examination. {#sec-11.19.05.01 omnilex-key=us-md-regs-official--title-11--11.19.05.01}
A. A school vehicle driver shall pass a physical examination before employment and once during each 12 months of employment.
B. The physical examination under §A of this regulation shall be conducted by a medical examiner as defined in the Federal Motor Carrier Safety Regulations, 49 CFR §390.5, which is incorporated by reference.
C. A licensed optometrist may perform as much of the medical examination as pertains to visual acuity, field of vision, and ability to recognize colors as specified in 49 CFR §391.41(b)(10), which is incorporated by reference.
D. The medical examination shall be conducted in accordance with 49 CFR §391.43, which is incorporated by reference.
E. Except as provided in Regulation .01-1A of this chapter, a school vehicle driver shall meet the same physical qualifications required for drivers under 49 CFR §391.41(b), which is incorporated by reference, except that the physical disqualification waiver provisions of 49 CFR §391.49 do not apply.
F. The medical examiner shall:
(1) Record the results of the medical examination on forms approved by the Administration;
(2) Forward the results of the medical examination to the driver's employer or owner of the school vehicle; and
(3) Complete a medical examiner's certificate for individuals qualified to drive a school vehicle.
G. For drivers who do not hold a Maryland license the employer or owner of the school vehicle shall:
(1) Maintain and keep on file a copy of the driving record that has been issued within the past 12 months; and
(2) Record the issuance date of the medical examiner’s certificate to ensure that a medical exam has occurred as required under §A of this regulation; and
(3) Monitor the driver in a license monitoring system, if available, in the state where their license is issued.
H. For drivers who hold a Maryland license, the employer or owner of the school vehicle shall:
(1) Maintain and keep on file a copy of the driving record that has been issued within the past 12 months;
(2) Record the issuance date of the medical examiner’s certificate to ensure that a medical exam has occurred as required under §A of this regulation; and
(3) Monitor the driver in a license monitoring system approved by the Administration.
**Cross References**
13A.06.07.06A(6)
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 116)*
- *Administrative History: Regulations .01 amended and .01-1 adopted as an emergency provision effective November 20, 1987 (14:25 Md. R. 2656); emergency status expired March 18, 1988; adopted permanently effective April 4, 1988 (15:7 Md. R. 850)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .01G amended effective March 2, 2026 (53:4 Md. R. 185)*
- *Administrative History: Regulation .01H adopted effective March 2, 2026 (53:4 Md. R. 185)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.05.02** Authorized Passengers. {#sec-11.19.05.02 omnilex-key=us-md-regs-official--title-11--11.19.05.02}
A school vehicle driver may not permit any person on any school vehicle unless the person is authorized by the Board of Education or the parochial or private school.
**History**
- *Administrative History: Effective date: February 15, 1973*
- *Administrative History: Chapter revised effective January 23, 1981 (8:2 Md. R. 116)*
- *Administrative History: Regulations .01 amended and .01-1 adopted as an emergency provision effective November 20, 1987 (14:25 Md. R. 2656); emergency status expired March 18, 1988; adopted permanently effective April 4, 1988 (15:7 Md. R. 850)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective July 22, 2002 (29:14 Md. R. 1075)*
- *Administrative History: Regulation .01G amended effective March 2, 2026 (53:4 Md. R. 185)*
- *Administrative History: Regulation .01H adopted effective March 2, 2026 (53:4 Md. R. 185)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.06.01** Scope. {#sec-11.19.06.01 omnilex-key=us-md-regs-official--title-11--11.19.06.01}
These regulations apply to Class A and Class M vehicles:
A. Designed to carry 15 individuals or less, including the driver;
B. Not registered as school vehicles as defined in Transportation Article, §11-154(a), Annotated Code of Maryland; and
C. Used to transport children between one or more schools or licensed child care centers, or to and from designated areas approved by the Administration.
**Cross References**
11.19.06.05A
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 28)*
- *Authority: Transportation Article, §§11-154, 12-104(b), 13-420, 22-418, and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.06.02** Definitions. {#sec-11.19.06.02 omnilex-key=us-md-regs-official--title-11--11.19.06.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Class A vehicle” means a passenger car or station wagon.
(3) “Class M vehicle” means a multipurpose passenger vehicle.
(4) “Designated area” means an area approved by the Administration for the pickup and discharge of children.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 28)*
- *Authority: Transportation Article, §§11-154, 12-104(b), 13-420, 22-418, and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.06.03** Color. {#sec-11.19.06.03 omnilex-key=us-md-regs-official--title-11--11.19.06.03}
Vehicles covered by these regulations may not be painted national school bus yellow or any closely approximate color.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 28)*
- *Authority: Transportation Article, §§11-154, 12-104(b), 13-420, 22-418, and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.06.04** Identification. {#sec-11.19.06.04 omnilex-key=us-md-regs-official--title-11--11.19.06.04}
A. A 4 x 4 inch identification sticker with yellow background and black lettering, issued by the Administration, shall be placed on an approved nonschool vehicle.
B. The identification sticker shall be affixed to the lower right hand corner of the rear window.
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 28)*
- *Authority: Transportation Article, §§11-154, 12-104(b), 13-420, 22-418, and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.06.05** Designated Areas. {#sec-11.19.06.05 omnilex-key=us-md-regs-official--title-11--11.19.06.05}
A. Schools and licensed child care centers shall apply to the Administration for approval of a location designated for the pickup or discharge of children transported in vehicles specified in Regulation .01 of this chapter.
B. In approving a location for children to embark or exit, the Administration may not allow operators of vehicles covered by these regulations to:
(1) Stop to pick up or discharge a child on any highway where the speed limit is over 35 miles per hour;
(2) Require or permit a child to cross a traffic lane in a parking lot or driveway used by the public for vehicular traffic; or
(3) Require or permit a child to cross any roadway in order to board or exit the vehicle.
**Cross References**
13A.06.07.12D(1)(e)
**History**
- *Administrative History: Effective date: January 18, 1993 (20:1 Md. R. 28)*
- *Authority: Transportation Article, §§11-154, 12-104(b), 13-420, 22-418, and 25-110, Annotated Code of Maryland*
### **11.19.07** Testing of Equipment on School Vehicles
##### **COMAR 11.19.07.01** Pilot Testing Program. {#sec-11.19.07.01 omnilex-key=us-md-regs-official--title-11--11.19.07.01}
Notwithstanding the requirements of COMAR 11.19.02 and 11.19.03, the Administration may authorize the testing of equipment that would otherwise not meet the requirements of those chapters.
**History**
- *Administrative History: Effective date: February 15, 1993 (20:3 Md. R. 260)*
- *Administrative History: Regulation .01 repealed and new Regulations .01—.07 adopted effective September 9, 1996 (23:18 Md. R. 1318)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.07.02** Definitions. {#sec-11.19.07.02 omnilex-key=us-md-regs-official--title-11--11.19.07.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Equipment” means those furnishings or apparatus which improve vehicle safety or passenger comfort when installed on a school vehicle after manufacture.
(3) “Section” means the School Vehicle Safety Section, Division of Driver Licensing and School Vehicle Safety, Motor Vehicle Administration.
**History**
- *Administrative History: Effective date: February 15, 1993 (20:3 Md. R. 260)*
- *Administrative History: Regulation .01 repealed and new Regulations .01—.07 adopted effective September 9, 1996 (23:18 Md. R. 1318)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.07.03** Testing Requests. {#sec-11.19.07.03 omnilex-key=us-md-regs-official--title-11--11.19.07.03}
A. A school bus owner, board of education, or manufacturer shall submit a written request to the Administration for equipment to be tested. The request shall contain:
(1) The name, manufacturer, and model number of the equipment to be tested;
(2) The vehicle identification number and name of the owner of the vehicle in which the equipment will be installed;
(3) A complete set of instructions and diagrams showing how the equipment shall be installed; and
(4) A list of persons outside the State who may be testing or using the equipment.
B. Approval or Rejection of Testing Request. The Administration shall:
(1) Issue a written approval or rejection for each test request; and
(2) Specify a time period for each approved testing request.
**History**
- *Administrative History: Effective date: February 15, 1993 (20:3 Md. R. 260)*
- *Administrative History: Regulation .01 repealed and new Regulations .01—.07 adopted effective September 9, 1996 (23:18 Md. R. 1318)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.07.04** Testing of Equipment. {#sec-11.19.07.04 omnilex-key=us-md-regs-official--title-11--11.19.07.04}
A. Equipment that is prohibited by federal or State law may not be tested.
B. Equipment that may pose a danger to the public may not be tested.
C. Equipment may not be tested on vehicles that are mechanically unfit and unsafe to be operated on the highway.
D. The Administration may place further restrictions on certain equipment, if necessary.
E. Approvals. Equipment may not be installed on a vehicle without the written approval of the:
(1) Administration; and
(2) Director of transportation, if the vehicle is operating for a public school system.
**History**
- *Administrative History: Effective date: February 15, 1993 (20:3 Md. R. 260)*
- *Administrative History: Regulation .01 repealed and new Regulations .01—.07 adopted effective September 9, 1996 (23:18 Md. R. 1318)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.07.05** Testing Conditions. {#sec-11.19.07.05 omnilex-key=us-md-regs-official--title-11--11.19.07.05}
A. Vehicles.
(1) A vehicle being used to test equipment shall be inspected and approved by the Section before the test period begins.
(2) Testing is limited to the vehicle or vehicles specified in the approval.
B. The Administration may limit the number of units of the same type and manufacturer to be tested.
C. Test Period.
(1) The Administration may specify test periods of different lengths for different types of equipment.
(2) The test period shall start immediately after installation of the equipment.
(3) At or before the end of the test period, the Administration may:
(a) Extend the test period;
(b) Approve the equipment being tested for use on school vehicles operating in the State;
(c) Reject the equipment being tested for use on school vehicles operating in the State;
(d) Require the owner to remove the equipment being tested from the school vehicle for safety reasons; or
(e) Allow the equipment being tested to remain on the school vehicle or vehicles approved for the test without approval, as long as the equipment does not pose a danger to the public.
**History**
- *Administrative History: Effective date: February 15, 1993 (20:3 Md. R. 260)*
- *Administrative History: Regulation .01 repealed and new Regulations .01—.07 adopted effective September 9, 1996 (23:18 Md. R. 1318)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.07.06** Approval. {#sec-11.19.07.06 omnilex-key=us-md-regs-official--title-11--11.19.07.06}
If the Administration approves the equipment being tested, the Administration shall propose regulations to authorize the installation of the equipment on school vehicles in the State.
**History**
- *Administrative History: Effective date: February 15, 1993 (20:3 Md. R. 260)*
- *Administrative History: Regulation .01 repealed and new Regulations .01—.07 adopted effective September 9, 1996 (23:18 Md. R. 1318)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.07.07** Reports. {#sec-11.19.07.07 omnilex-key=us-md-regs-official--title-11--11.19.07.07}
A. The school bus owner, board of education, or manufacturer shall submit detailed reports on the performance of the equipment to the Section every 3 months, and shall include in the reports the manufacturer, model, and date of installation of the equipment.
B. In addition to the reports required in §A of this regulation, the Administration may require other reports the Administration may consider necessary.
C. If the vehicle is sold, the seller shall give copies of all reports, certifications, and correspondence concerning the equipment to the purchaser or purchasers of the vehicle.
**History**
- *Administrative History: Effective date: February 15, 1993 (20:3 Md. R. 260)*
- *Administrative History: Regulation .01 repealed and new Regulations .01—.07 adopted effective September 9, 1996 (23:18 Md. R. 1318)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.08.01** Definitions. {#sec-11.19.08.01 omnilex-key=us-md-regs-official--title-11--11.19.08.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Certification” means a statement made under penalty of perjury, on a form provided by the Administration, which is evidence that a school bus complies with the standards established by the Administration.
(3) “Certified facility” means a facility which has been certified by the Administration to perform inspections and issue certificates.
(4) “Certified inspector” means an inspector who is certified by the Administration to perform school bus inspections and sign certifications.
(5) “Immediate family” means mother, father, brother, sister, son, daughter, and spouse, including relationships established by adoption or marriage.
(6) “Owner of a certified facility” means an individual who owns or controls more than 5 percent of the facility.
(7) “School bus” means a bus over 12 years old which is:
(a) National school bus yellow;
(b) Registered as a school bus; and
(c) Equipped with a warning light system.
(8) “Type A inspection” means an inspection of a school vehicle that includes the inspection of the items set forth in COMAR 11.14.02 and 11.14.04 for Type I and Type II school vehicles.
(9) “Type B inspection” means an inspection of school vehicles which includes all items in a Type A inspection, except those which require pulling of wheels of the school vehicles.
**History**
- *Administrative History: Effective date: March 14, 1994 (21:5 Md. R. 404)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.08.02** Scope of Duties. {#sec-11.19.08.02 omnilex-key=us-md-regs-official--title-11--11.19.08.02}
A. A certified facility may conduct a Type A or Type B inspection of a school bus.
B. A certified facility may not conduct an inspection of its own school vehicles.
C. A certified facility may not conduct an inspection of buses owned by members of the owner of the certified facility's immediate family.
**History**
- *Administrative History: Effective date: March 14, 1994 (21:5 Md. R. 404)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.08.03** Certifying Requirements for a Facility. {#sec-11.19.08.03 omnilex-key=us-md-regs-official--title-11--11.19.08.03}
Before the Administration certifies a school bus inspection station to conduct inspections of school vehicles, the owner of the facility shall submit a written request for certification and the facility shall be inspected by the Administration before the issuance of certification.
**History**
- *Administrative History: Effective date: March 14, 1994 (21:5 Md. R. 404)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.08.04** Certification of Inspectors. {#sec-11.19.08.04 omnilex-key=us-md-regs-official--title-11--11.19.08.04}
A. An applicant seeking certification to conduct inspections in a certified facility shall submit an application to the Administration on a form required by the Administration.
B. The application shall indicate the background of the applicant, including the education and experience of the applicant.
C. An applicant shall:
(1) Provide evidence of a minimum of 2 years experience in vehicle mechanics;
(2) Pass the written test for inspector of school vehicles administered by the Administration or the Maryland State Police;
(3) Pass a practical test administered by the Administration; and
(4) Pass a law test in which the inspector shall demonstrate familiarity with the regulations governing the inspection of school vehicles.
**History**
- *Administrative History: Effective date: March 14, 1994 (21:5 Md. R. 404)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.08.05** Facility Requirements. {#sec-11.19.08.05 omnilex-key=us-md-regs-official--title-11--11.19.08.05}
A. A certified facility shall:
(1) Have a garage with a concrete floor and a minimum dimension of 15 feet wide and 45 feet long; and
(2) Be equipped with:
(a) A wheel dolly for removing wheels from a bus,
(b) A minimum of four heavy-duty jack stands and one 12-ton hydraulic jack or air jack, and
(c) The proper tools for removing wheels, drums, and rotors from the bus, including drum and disc micrometers.
B. A certified facility's inspection area shall be free of work benches, displays, machines, shelves, stairways, or other obstructions which could create a hazard.
**History**
- *Administrative History: Effective date: March 14, 1994 (21:5 Md. R. 404)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.08.06** Responsibilities of Owner. {#sec-11.19.08.06 omnilex-key=us-md-regs-official--title-11--11.19.08.06}
A. An owner of a certified facility is responsible for the activities of certified inspectors and other persons employed by the certified facility.
B. A certified inspector may conduct inspections of school buses only at the station which employs the certified inspector.
**History**
- *Administrative History: Effective date: March 14, 1994 (21:5 Md. R. 404)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.08.07** Responsibilities of Certified Facilities. {#sec-11.19.08.07 omnilex-key=us-md-regs-official--title-11--11.19.08.07}
A. A certified facility shall:
(1) Maintain the following records for all school buses inspected:
(a) Owner's name, address, telephone number,
(b) Year and make of bus, including make of body,
(c) VIN number,
(d) Bus number,
(e) Tag number, and
(f) Odometer reading;
(2) Permit only certified inspectors to perform inspections and sign certifications;
(3) Notify the Administration if any changes to the inspection area have been made;
(4) Issue certificates only after a complete inspection has been performed; and
(5) Notify the Administration if a certified inspector's employment with the certified facility ends.
B. A certified facility shall use only those forms provided by the Administration for school vehicle inspections.
C. When a school vehicle fails an inspection, and the vehicle is removed from the inspection station, the certified facility shall notify the Administration.
**History**
- *Administrative History: Effective date: March 14, 1994 (21:5 Md. R. 404)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
##### **COMAR 11.19.08.08** Causes for Revocation of Certification. {#sec-11.19.08.08 omnilex-key=us-md-regs-official--title-11--11.19.08.08}
A certification may be suspended or revoked if:
A. The owner of the certified facility or a certified inspector or other individual employed by the owner of a certified facility fails to comply with any requirements of this chapter or COMAR 11.19.04;
B. An applicant for certification misrepresents any material fact in an application submitted to the Administration;
C. The owner of the certified facility or a certified inspector misrepresents any material fact in a certificate submitted to the Administration;
D. The owner of the certified facility or a certified inspector fails to perform an inspection for which a certificate has been submitted; or
E. A school vehicle is certified which does not meet the standards established in COMAR 11.14.02 and 11.14.04.
**History**
- *Administrative History: Effective date: March 14, 1994 (21:5 Md. R. 404)*
- *Authority: Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland*
## **11.20.01** Motorcycle Safety Training Centers
##### **COMAR 11.20.01.01** Motorcycle Safety Training Centers—Purpose. {#sec-11.20.01.01 omnilex-key=us-md-regs-official--title-11--11.20.01.01}
This chapter establishes the minimum requirements and procedures for the approval and operation of motorcycle safety training centers as authorized under Transportation Article, §16-604, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.02** Motorcycle Safety Training Centers—Scope. {#sec-11.20.01.02 omnilex-key=us-md-regs-official--title-11--11.20.01.02}
This chapter applies to all motorcycle safety training centers as defined under Transportation Article, §16-601, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.03** Definitions. {#sec-11.20.01.03 omnilex-key=us-md-regs-official--title-11--11.20.01.03}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Course registration fee” means the total fee paid by an individual to participate in Administration approved motorcycle safety courses.
(3) “Curriculum provider” means an organization approved by the MVA with an expertise in motorcycle rider training such as the Motorcycle Safety Foundation.
(4) “Instructor” means an individual approved by the Administration to teach the classroom and range sessions of Administration approved motorcycle safety courses at training centers.
(5) “Instructor trainer” means an individual trained and approved by the Administration to conduct approved instructor certification courses.
(6) “Motorcycle safety course” means a series of instructional units approved by the Administration to teach individuals to operate a motorcycle on public roadways.
(7) “Training center” means a facility that has met the Administration's requirements for conducting approved motorcycle safety courses.
(8) “Training center coordinator” means an individual responsible for the day-to-day operations of a training center.
(9) “Training center operator” means an individual, partnership, company, corporation, educational institution, or government entity that is approved by the Administration to operate a training center.
(10) “Training motorcycle” means a motorcycle approved by the Administration for use in approved motorcycle safety courses.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.04** Approval to Operate a Training Center. {#sec-11.20.01.04 omnilex-key=us-md-regs-official--title-11--11.20.01.04}
A. As authorized under Transportation Article, §16-603, Annotated Code of Maryland, the Administration may organize and operate training centers, including a mobile training center.
B. As authorized under Transportation Article, 16-601 and 16-603, Annotated Code of Maryland, the Administration shall approve and designate the operator of an independent training center.
C. A State or community college, State university, an agency of a political subdivision, or any other organization or person that is a resident of the State, as defined under Transportation Article, §11-149, Annotated Code of Maryland, may be approved and designated to operate an independent training center.
D. Individuals applying for approval to operate an independent training center shall have the following minimum qualifications:
(1) Be at least 21 years old;
(2) Have a high school certificate of graduation or equivalent; and
(3) Have not been convicted of a crime of moral turpitude unless satisfactory rehabilitation has taken place.
E. Approval to operate an independent training center may be obtained by submitting an application to the Administration in the form required by the Administration.
F. In addition to the information required to be entered upon the application, the application shall be accompanied by all of the following:
(1) Written evidence acceptable to the Administration from the local zoning authorities, departments of health, sanitation, and fire inspection that the area designated for use as the independent training center is in compliance with all necessary zoning, health, sanitation, and fire codes;
(2) A schedule of the planned courses that includes tentative dates and time periods;
(3) A list that includes the full name and identification numbers of Administration approved instructors who have agreed to teach the scheduled courses; and
(4) Copies of insurance certificates verifying appropriate coverage for liability, property damage, and workers' compensation required by Regulation .07 of this chapter.
G. The application shall be signed and certified by an authorized representative of the company, corporation, educational institution, or government entity making application.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.05** Awarding Contracts to Independent Training Centers. {#sec-11.20.01.05 omnilex-key=us-md-regs-official--title-11--11.20.01.05}
A. The Administration shall award and terminate contracts to use a facility as a training center according to COMAR Title 21.
B. The contract shall be in the format prescribed by the Administration and may not exceed a term of 24 months.
C. Upon termination of a contract, the operator of the independent training center shall return to the Administration all remaining equipment and unused materials provided through the contract.
D. Upon receipt of the application for the awarding of a contract, and when satisfied that the independent training center qualifies, the Administration may award a contract to the independent training center.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.06** Termination of an Independent Training Center Contract. {#sec-11.20.01.06 omnilex-key=us-md-regs-official--title-11--11.20.01.06}
A. If an operator intends to terminate the operation of the independent training center for which a contract was issued, the operator shall notify the Administration, in writing, a minimum of 30 days before the planned termination date.
B. The Administration may terminate the contract if the operator violates the regulations, policies, or procedures governing the operation of an independent training center. Before a decision to terminate the contract, the Administration may schedule a hearing with the operator to review any complaints or violations, or both.
C. Immediately upon termination of the contract, the operator of the independent training center shall surrender to the Administration the independent training center's student records and fees paid by students pertaining to the operation of the independent training center, and all unused funds provided through an Administration contract.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.07** Insurance Coverage for an Independent Training Center. {#sec-11.20.01.07 omnilex-key=us-md-regs-official--title-11--11.20.01.07}
A. The operator of an independent training center shall obtain insurance coverage, in an amount required by the Administration, written by a Maryland licensed insurance company that includes, but is not limited to, the following insurance coverage for the students and instructors, and the training center equipment and facilities:
(1) Workers’ compensation; and
(2) General liability insurance covering all business offices and classroom sites for the protection of individuals using the premises and equipment during the program instruction.
B. The required insurance coverage shall be maintained for the entire term of the contract.
C. The operator of the independent training center shall immediately inform the Administration of any changes in this insurance coverage.
**Cross References**
11.20.01.04F(4)
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.08** Designation and Approval of Location and Facilities for Independent Training Centers. {#sec-11.20.01.08 omnilex-key=us-md-regs-official--title-11--11.20.01.08}
A. An independent training center's location and facilities shall be approved by the Administration before awarding a contract.
B. An independent training center's facilities shall include but are not limited to:
(1) An office area;
(2) A classroom, if required by the curriculum;
(3) A range area; and
(4) A storage area for the training motorcycles, equipment, and materials.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.09** Office Area for an Independent Training Center. {#sec-11.20.01.09 omnilex-key=us-md-regs-official--title-11--11.20.01.09}
A. A business office of a training center shall:
(1) Be its principal place of business having a legal Maryland address;
(2) Comply with all State and local building, zoning, fire, and safety regulations, codes, and standards for use as a business office;
(3) Be equipped with:
(a) A telephone with either voicemail or an answering machine; and
(b) A computer with email access;
(4) Clearly identify and display the training center’s name on an exterior sign, a lobby listing, or interior door sign;
(5) Be open for business to the public and open for inspection by the Administration during posted business hours; and
(6) Be clean, orderly, and suitable for conducting business.
B. An independent training center’s business office shall be inspected and approved by the Administration before opening.
C. An independent training center’s business office being relocated within the same building or being moved to a different site shall be inspected and approved by the Administration before being used by the training center as a business office.
D. The following shall be prominently displayed in the training center business office:
(1) Office hours;
(2) Fees for courses and remedial or additional training;
(3) Procedure for obtaining refunds from the training center; and
(4) Procedures for filing complaints about the training center with the Administration.
E. An office shall be in a permanent building at a fixed location with a legal business address.
F. A portable structure, pre-engineered building, or mobile home is a permanent building if it:
(1) Is installed on a permanent foundation with conventional utility hookups; and
(2) Has been approved by the Administration.
G. If the physical design of a building requires that the classroom and adjacent business office share the same space, the business office hours shall be adjusted so that the office is not open to the public while classes are in session.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.10** Classroom Requirements. {#sec-11.20.01.10 omnilex-key=us-md-regs-official--title-11--11.20.01.10}
A. Classrooms, if required by the curriculum, shall be inspected and approved by the Administration before being used for instruction.
B. A classroom shall:
(1) Be in a permanent building at a fixed location with an actual address for delivery of mail that is not a post office box or mail drop address;
(2) Comply with all State and local building, zoning, fire, and safety regulations, codes, and standards, for use as a classroom, including an up-to-date posted certificate identifying the maximum occupant capacity for all classrooms used for instruction or to administer tests;
(3) Meet the Americans with Disabilities Act (ADA) requirements;
(4) Have adequate student seating and writing surfaces, an instructor’s desk or podium, and room for storage of materials;
(5) Have heating, ventilation, and air-conditioning systems in good repair that keep students comfortable while classroom sessions are being conducted;
(6) Be clean, orderly, and suitable for conducting instruction; and
(7) Be free from visible or audible activities other than instructional activities.
C. A portable structure, pre-engineered building, or mobile home is a permanent building if it:
(1) Is installed on a permanent foundation with conventional utility hookups; and
(2) Has been approved by the Administration.
D. A classroom being relocated within the same building and a classroom being moved to a different site shall be inspected and approved by the Administration before being used for instruction.
E. If the physical design of the building requires that a classroom and an adjacent business office share the same space, the business office hours shall be adjusted so that the office is not open to the public while classes are in session.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.11** Range Area. {#sec-11.20.01.11 omnilex-key=us-md-regs-official--title-11--11.20.01.11}
A. The range area shall meet the requirements of the curriculum provider, which include but are not limited to:
(1) A paved area that is as flat and level as possible;
(2) Free from traffic and parked motor vehicles when courses are in session;
(3) Free from surface hazards or obstacles that may interfere with the riding exercises, or create an unsafe condition for the students or instructors;
(4) Large enough to set up and paint down the required riding exercises specified in the approved curriculums; and
(5) Near adequate restroom facilities for men and women.
B. The range shall be equipped with:
(1) An approved Class A-B-C fire extinguisher;
(2) A minimum of number of cones as specified in the curriculum;
(3) An Occupational Safety and Health Administration approved first aid kit;
(4) A minimum of one training motorcycle per participating student in a course and one spare training motorcycle for each six students participating in the range portions of the course;
(5) A supply of gasoline, oil, and tools to operate and maintain the training motorcycles;
(6) A minimum of two stop watches;
(7) A supply of drinking water for the course participants; and
(8) Equipment and supplies to remove debris and, if necessary, standing water from the range area.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.12** Storage Area. {#sec-11.20.01.12 omnilex-key=us-md-regs-official--title-11--11.20.01.12}
The storage area shall:
A. Comply with required fire safety codes and standards;
B. Be large enough to store all the training motorcycles and equipment; and
C. Provide reasonable security for the motorcycles and equipment against theft and vandalism, and protection from the weather.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.13** Training Center Coordinator. {#sec-11.20.01.13 omnilex-key=us-md-regs-official--title-11--11.20.01.13}
A. The operator of a training center shall employ an individual to serve as a training center coordinator who shall be responsible for the day-to-day management of the training center.
B. The training center coordinator shall be responsible for maintaining the required records and have signature authority to sign documents submitted to the Administration.
C. The training center coordinator shall participate in all training sessions and meetings required by the Administration for training center coordinators.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.14** Employing Motorcycle Safety Instructors. {#sec-11.20.01.14 omnilex-key=us-md-regs-official--title-11--11.20.01.14}
A. The operator of a training center shall:
(1) Employ instructors approved by the Administration to teach the approved motorcycle safety courses; and
(2) Keep records of the credentials of the instructors working for them.
B. Student to Instructor Ratio.
(1) The maximum student to instructor ratio for the classroom sessions is as set forth in the training center contract.
(2) The maximum student to instructor ratio for the range sessions in a course is as set forth in the training center contract.
C. Only instructors approved by the Administration shall be assigned responsibility for instructional and student supervision activities during a course.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.15** Approval and Designation of Motorcycle Safety Curriculums. {#sec-11.20.01.15 omnilex-key=us-md-regs-official--title-11--11.20.01.15}
A. The Administration shall approve and designate the curriculums to be used in the motorcycle safety courses offered by the training centers.
B. The training centers shall use Administration approved and designated curriculums for all approved motorcycle safety courses.
C. Training Curriculums.
(1) The approved and designated curriculums shall include classroom and range sessions taught in the sequence designated by the Administration.
(2) The range sessions shall include motorcycle riding exercises that each student enrolled in the course shall complete.
(3) The curriculums shall specify the minimum amount of time each student shall complete in the classroom sessions and in the range sessions riding a motorcycle, and the minimum performance test scores for successfully completing the courses.
D. The Administration shall approve and designate curriculums for training beginning and experienced riders.
E. The Administration approved and designated curriculums shall include but not be limited to:
(1) Information on rules of the road, laws of this State, protective clothing, basic maneuvers and riding skills, driving strategies, normal traffic situations, and emergency situations;
(2) Motorcycle riding exercises that permit the students to practice clutch/throttle control, straight line riding, shifting, turning, stopping, evasive actions, and street riding activities; and
(3) Knowledge and skill tests to assess the student's knowledge and skill proficiency in operating a motorcycle.
F. An operator of a training center, a training center coordinator, or an approved instructor may not revise or amend the approved curriculums without written approval from the Administration.
G. The Administration may revise or amend the curriculums to meet specific educational needs.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.16** Student Performance Criteria. {#sec-11.20.01.16 omnilex-key=us-md-regs-official--title-11--11.20.01.16}
A. The Administration shall:
(1) Approve and designate the knowledge tests and skill tests that shall be completed by a student enrolled in an approved motorcycle safety course; and
(2) Identify the performance levels (raw scores) the student shall achieve on each test to demonstrate successful completion of the course.
B. To successfully complete an approved motorcycle safety course, a student shall:
(1) Attend and participate in all required classroom and range sessions scheduled for the course;
(2) Ride and successfully achieve the objectives specified for each required riding exercise in the curriculum; and
(3) Achieve a minimum performance level designated by the Administration on each required knowledge and skill test (written, oral, and riding) in the approved curriculum.
C. The training center shall provide motorcycle safety course student completion cards that shall be issued to students successfully completing a course.
D. Students may not participate in a course if they:
(1) Demonstrate a lack of skill in operating a motorcycle during the range sessions by not achieving the minimum performance objectives for each riding exercise;
(2) Arrive late for the course sessions or leave course sessions early; or
(3) Behave in a disruptive manner.
E. Students removed from a course by the instructors or training center coordinators may re-enroll in another course during the same training season, if there is space available in a course.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.17** Applying for Instructor Approval. {#sec-11.20.01.17 omnilex-key=us-md-regs-official--title-11--11.20.01.17}
A. An applicant for an approval as an instructor shall:
(1) Be at least 21 years old;
(2) Possess a high school certificate of graduation or its equivalent;
(3) Be currently licensed to operate a motorcycle and have held a motorcycle driver's license for at least 1 year;
(4) Be currently licensed to operate a motor vehicle and have held a motor vehicle operator's license for at least the last 3 years;
(5) Have a satisfactory driving record the previous 3 consecutive years;
(6) Be in good physical condition;
(7) Not have been convicted of a crime of moral turpitude;
(8) Have successfully completed the Administration's motorcycle safety education instructor preparation program;
(9) Demonstrate proficiency in teaching the approved basic motorcycle safety course in accordance with the standards established by the curriculum provider; and
(10) Have no outstanding complaints or charges for alleged violations which, if proven, would constitute grounds for revocation or suspension, pursuant to Regulation .21 of this chapter.
B. An instructor certificate may be obtained by submitting an application to the Administration in a form required by the Administration.
C. In addition to the information required to be entered upon the application, the application shall be accompanied by the following:
(1) If the applicant has been licensed in another state in the past 3 years, a certified copy of the applicant’s driving record for the past 3 years issued by the driving license authority of the applicant’s state of licensure;
(2) Certification by the applicant there are no reportable medical conditions;
(3) A statement certifying under penalty of perjury whether the applicant has ever had a driving instructor license or instructor certification revoked in Maryland or any other state;
(4) Evidence of satisfactory completion of the Administration’s motorcycle safety instructor preparation program;
(5) Evidence of satisfactory performance in teaching a minimum of one complete beginning motorcycle safety course; and
(6) Evidence of certification by the approved curriculum provider to teach the currently approved curriculum.
D. The application shall be signed by the applicant.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.18** Issuance of an Instructor Approval. {#sec-11.20.01.18 omnilex-key=us-md-regs-official--title-11--11.20.01.18}
A. Upon receipt of the signed application for instructor approval and when satisfied that the applicant has met all requirements, the Administration shall issue an instructor approval to the applicant.
B. The approval shall permit the instructor to teach the approved motorcycle safety courses, classroom and range sessions, at training centers for a period of 2 years. The approval expires 2 years from the date of issuance.
C. To maintain instructor approval, the instructor shall:
(1) Teach a minimum of two complete motorcycle safety courses per year, one of which shall be the basic entry level rider course, during the 2-year approval period at motorcycle safety training centers;
(2) Maintain a satisfactory driving record as identified under Regulation .24 of this chapter;
(3) Attend all Administration required courses, meetings, and update seminars for instructors;
(4) Demonstrate an acceptable proficiency for teaching approved motorcycle safety courses;
(5) Continuously maintain certification by the approved curriculum provider to teach the currently approved curriculum;
(6) Comply with the rules, regulations, procedures, and guidelines established by the Administration for conducting approved motorcycle safety courses, operating a motorcycle safety training center, and certification as an instructor; and
(7) Act in a manner that, in the Administration’s opinion, is not detrimental to the State’s Motorcycle Safety Program or unsafe for students enrolled in motorcycle safety courses.
D. An instructor shall renew the approval every 2 years by completing the renewal procedures required by the Administration under Regulation .22 of this chapter.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.19** Instructor Identification Badges. {#sec-11.20.01.19 omnilex-key=us-md-regs-official--title-11--11.20.01.19}
A. Instructors are required to obtain an identification badge issued by the Administration. The identification badge shall be prominently displayed by the instructor at all times when functioning in the capacity of an instructor.
B. The identification badge shall be issued to approved individuals at the time the Administration issues an instructor approval and shall expire the same date as the instructor’s approval.
C. A fee may not be charged for issuance of an original identification badge.
D. An instructor may replace an identification badge that has been lost, mutilated, or destroyed by applying to the Administration for a duplicate and paying any applicable fees.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.20** Issuance of a Probationary Instructor Approval. {#sec-11.20.01.20 omnilex-key=us-md-regs-official--title-11--11.20.01.20}
A. The Administration may issue a probationary instructor approval to an individual who has:
(1) Applied for approval as an instructor; and
(2) Successfully completed the Administration's instructor preparation program,
B. The Administration shall issue a probationary approval to an individual for each time the individual successfully completes the instructor preparation program authorized by the Administration.
C. The Administration may cancel the probationary approval and deny approval as an instructor if the individual:
(1) Cannot satisfactorily demonstrate proficiency in teaching the approved motorcycle safety courses;
(2) Acts in a manner that in the Administration's view is:
(a) Unsafe for individuals participating in an approved course, or
(b) Detrimental to the State's motorcycle safety program;
(3) Fails to comply with the regulations, rules, procedures, and guidelines established by the Administration for conducting the approved courses; or
(4) Has the individual's driver's license suspended or revoked, or accumulates four or more active points on the individual's driving record.
D. The probationary approval shall be surrendered to the Administration:
(1) If it is cancelled or expires; or
(2) At the time the applicant receives an instructor approval.
E. The probationary approval allows the applicant to teach the approved motorcycle safety courses at a training center under the direct supervision of an experienced approved instructor.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.21** Suspension and Revocation of Instructor Approval. {#sec-11.20.01.21 omnilex-key=us-md-regs-official--title-11--11.20.01.21}
A. The Administration may suspend or revoke an individual’s instructor approval if the individual:
(1) Has a suspended or revoked driver's license;
(2) Has a driving record with four or more active points;
(3) Fails to comply with the regulations, rules, procedures, and guidelines established by the Administration for conducting approved motorcycle safety courses, operating a training center, and obtaining approval as an instructor;
(4) Acts in a manner that in the Administration’s view is:
(a) Unsafe for individuals participating in an approved course; or
(b) Detrimental to the State’s motorcycle safety program; or
(5) Fails to maintain certification by the approved curriculum provider to teach the currently approved curriculum
B. The Administration shall notify the individual, in writing, of the starting and ending dates of a suspension or revocation, and of the individual's opportunity to request a hearing under Transportation Article, 12-208—12-209, Annotated Code of Maryland.
C. An individual whose instructor approval has been suspended or revoked by the Administration may not:
(1) Teach approved motorcycle safety courses at a training center; or
(2) Be associated with the operation of a training center for the period of time designated by the Administration.
D. On notification of a suspension or revocation from the Administration, the individual shall surrender the individual’s instructor approval and instructor identification Badge to the Administration.
E. Approved motorcycle safety instructors who do not fulfill the requirement of teaching two complete approved courses per year shall cease providing instruction until such time as they complete the actions designated by the Administration to reactivate their approval.
**Cross References**
11.20.01.17A(10)
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.22** Instructor Renewal. {#sec-11.20.01.22 omnilex-key=us-md-regs-official--title-11--11.20.01.22}
A. An instructor may renew by submitting an application to the Administration in a form prescribed by the Administration.
B. To qualify for renewal, the instructor shall have:
(1) Taught a minimum of two complete motorcycle safety courses per year, one of which shall have been a basic entry level course, during the 2-year approval period at a training center;
(2) Maintained a satisfactory driving record as identified under Regulation .24 of this chapter;
(3) Attended all Administration required instructor courses, meetings, and update seminars;
(4) Demonstrated a teaching proficiency level acceptable to the Administration for teaching approved motorcycle safety courses;
(5) Not had their driver’s license suspended more than once during the previous approval period or no current driver’s license suspension; and
(6) Complied with the rules, regulations, procedures, and guidelines required by the Administration for conducting approved motorcycle safety courses, operating a motorcycle safety training center, and approval as an instructor.
C. Individuals applying for renewal of their instructor approval shall submit the renewal application to the Administration at least 15 days before the expiration date of their current approval.
D. In addition to the information required to be entered in the renewal application, the application shall be accompanied by the following:
(1) A certified copy of the applicant's out-of-State driving record for the preceding 3 years, if applicable;
(2) A self-certification attesting the applicant does not have any reportable medical conditions; and
(3) A signed copy of the State of Maryland Instructor Code of Conduct.
E. After verifying that the applicant meets all the requirements for renewal, the Administration shall issue the instructor a renewed instructor approval and identification badge for the subsequent 2 years.
F. Individuals failing to complete the renewal procedures before their designated expiration date shall lose their instructor approval as of their expiration date and may not teach approved courses. In order to regain this approval, the individual shall reapply and complete the approval requirements designated by the Administration.
**Cross References**
11.20.01.18D
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.23** Instructor Physical Examination. {#sec-11.20.01.23 omnilex-key=us-md-regs-official--title-11--11.20.01.23}
An approved Instructor shall immediately report to the Administration any reportable medical conditions as defined in COMAR 11.17.03.02-1 for evaluation.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.24** Instructor Driving Record. {#sec-11.20.01.24 omnilex-key=us-md-regs-official--title-11--11.20.01.24}
A. An instructor shall:
(1) Have a satisfactory driving record for at least 3 previous consecutive years before applying for approval; and
(2) Maintain a satisfactory record while approved.
B. An instructor's driving record is unsatisfactory if the instructor has, within the last 3 years:
(1) Accumulated four or more active points on the instructor's driving record;
(2) Been convicted of driving or operating, or both, a motor vehicle while intoxicated or while under the influence of an illegally used, controlled, or dangerous substance;
(3) Been convicted of any felony involving use of a motor vehicle; or
(4) Had the instructor's driver's license suspended or revoked.
**Cross References**
11.20.01.18C(2)
11.20.01.22B(2)
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.25** Exception to Instructor Certification Requirements. {#sec-11.20.01.25 omnilex-key=us-md-regs-official--title-11--11.20.01.25}
A. An individual approved by the approved curriculum provider and classified as an active instructor may be approved by the Administration to teach the approved motorcycle safety courses by:
(1) Completing the application procedures set forth in Regulations .17 and .18 of this chapter;
(2) Completing the training sessions required by the Administration; and
(3) Demonstrating the ability to teach the approved motorcycle safety courses.
B. The Administration may waive the requirement that instructors teach two complete motorcycle safety courses per year if the individuals provide sufficient justification to the Administration on why this teaching requirement could not be fulfilled. The Administration shall identify the procedures these instructors shall complete to maintain their approval.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.26** Motorcycle Safety Instructor Preparation Program. {#sec-11.20.01.26 omnilex-key=us-md-regs-official--title-11--11.20.01.26}
A. The motorcycle safety instructor preparation program shall prepare an individual to teach the Administration approved motorcycle safety education courses. The Administration shall:
(1) Organize and conduct the motorcycle safety instructor preparation programs;
(2) Designate the instructors to teach the courses in the motorcycle safety instructor preparation program;
(3) Designate the curriculums used in the motorcycle safety instructor preparation program;
(4) Establish the performance criteria an instructor candidate shall achieve to demonstrate successful completion of the motorcycle safety instructor preparation program.
B. Individuals successfully completing the instructor program shall receive proof of completion.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.27** Student Eligibility for Enrollment in Approved Motorcycle Safety Courses. {#sec-11.20.01.27 omnilex-key=us-md-regs-official--title-11--11.20.01.27}
A. An individual who possesses a valid motorcycle driver's license, a motorcycle learner's permit, or is eligible for a motorcycle learner's permit, may enroll in a course.
B. A nonresident may enroll in a course.
C. To enroll in an approved motorcycle safety course, an eligible student shall register with an approved Administration provider.
D. The Administration shall determine the eligibility requirements for enrollment in approved motorcycle safety courses.
E. Individuals younger than 18 years old may only enroll in the basic entry level rider course.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.28** Training Motorcycles — Minimum Requirements. {#sec-11.20.01.28 omnilex-key=us-md-regs-official--title-11--11.20.01.28}
A. A motorcycle safety training center shall have a minimum of one training motorcycle per student officially enrolled in a course and scheduled for range sessions.
B. The training motorcycles shall be maintained in a safe operating condition at all times. They shall be inspected by the training center coordinator before each course, and by the assigned instructors before each range segment. Training motorcycles shall meet the requirements as set forth in COMAR 11.14.03.
C. During the range sessions, each student shall be assigned a training motorcycle.
D. The Administration shall approve the model and engine size of all training motorcycles used by motorcycle safety training centers in approved motorcycle safety courses in accordance with the standards established by the curriculum provider.
E. The Administration may approve a student using a personally owned motorcycle to participate in approved experienced rider courses if the:
(1) Student can document adequate insurance coverage on the motorcycle; and
(2) Motorcycle successfully passes the safety inspection prescribed by the Administration.
F. The Administration may allow individuals with considerations covered under the American with Disabilities Act to utilize their personally owned motorcycle to participate in the approved basic entry level rider course.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
##### **COMAR 11.20.01.29** Preservation of Records and Audit. {#sec-11.20.01.29 omnilex-key=us-md-regs-official--title-11--11.20.01.29}
A. Records.
(1) The operator of an independent training center shall maintain:
(a) Records on the operation of the training center at the training center's office area for each year the training center is active; and
(b) The training center records for 5 years.
(2) The records specified in §A(1)(a) of this regulation shall include, but are not limited to:
(a) A listing of the students enrolling and completing the motorcycle safety courses;
(b) Personnel records on instructors teaching at the training center;
(c) Copies of required insurance policies;
(d) Copies of course disclaimers and waivers; and
(e) Copies of accident and incident reports involving students participating in motorcycle safety courses.
B. Administration Audits.
(1) The Administration may:
(a) Schedule an audit with each independent training center at least once per training season;
(b) Conduct unannounced audits of independent training centers, as needed;
(c) Audit independent training centers when their contract to operate is terminated; and
(d) Suspend the independent training center's contract if the operator of the training center does not correct audit deficiencies within 30 working days of the audit.
(2) The operator of an independent training center shall;
(a) Upon request, make training center records available to representatives of the Administration; and
(b) Correct audit deficiencies within 30 working days of an Administration audit.
**History**
- *Administrative History: Effective date: July 1, 1985 (12:13 Md. R. 1281)*
- *Administrative History: Regulation .03 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .04 amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .05A amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .06 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .06B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .07 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .08 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .09 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .10B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .11B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .13 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .14B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .15E amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .16D amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .17 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .17C amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .18A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .20A amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21C amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21D amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .21E and F repealed effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .23B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .24A amended effective February 24, 1986 (13:4 Md. R. 397); September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .25B amended effective February 24, 1986 (13:4 Md. R. 397)*
- *Administrative History: Regulation .27B amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .28 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .30 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .31 amended effective September 16, 1991 (18:18 Md. R. 2007)*
- *Administrative History: Regulation .32 adopted effective January 1, 1992 (18:25 Md. R. 2756)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective December 4, 1995 (22:24 Md. R. 1897)*
- *Administrative History: ——————*
- *Administrative History: Chapter revised effective April 15, 2024 (51:7 Md. R. 333)*
- *Authority: Transportation Article, §§12-104(b), 16-603, 16-604, and 16-605, Annotated Code of Maryland*
## **11.21.01** Motor Carrier Safety
##### **COMAR 11.21.01.01** Effective Date of Enforcement. {#sec-11.21.01.01 omnilex-key=us-md-regs-official--title-11--11.21.01.01}
Regulation .03F of this chapter is effective January 1, 2012.
**History**
- *Administrative History: Effective date: August 12, 1985 (12:16 Md. R. 1607)*
- *Administrative History: Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)*
- *Administrative History: Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)*
- *Administrative History: Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)*
- *Administrative History: Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland*
##### **COMAR 11.21.01.02** Incorporation by Reference of the Federal Motor Carrier Safety Regulations. {#sec-11.21.01.02 omnilex-key=us-md-regs-official--title-11--11.21.01.02}
The federal motor carrier safety regulations contained in 49 CFR 40, 382, 383, 387, 390—393, *384,* 395—399, and 1572, as amended, are incorporated by reference, subject to the application provision in Regulations .03, .04-1—.08, and .11—.14 of this chapter and the amendments and exemptions cited in .09 and .10 of this chapter.
**History**
- *Administrative History: Effective date: August 12, 1985 (12:16 Md. R. 1607)*
- *Administrative History: Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)*
- *Administrative History: Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)*
- *Administrative History: Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)*
- *Administrative History: Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland*
##### **COMAR 11.21.01.03** Application. {#sec-11.21.01.03 omnilex-key=us-md-regs-official--title-11--11.21.01.03}
A. Except as otherwise amended or exempted, these regulations are applicable to all trucks, truck tractors, trailers, semitrailers, pole trailers, converter dollies, combination vehicles, and buses having a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds.
B. These regulations apply to all interstate carriers and to those intrastate carriers:
(1) Transporting hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or
(2) Operating a vehicle designed to transport 16 or more passengers, including the driver.
C. The application provisions, amendments, and exemptions set forth in Regulations .05—.08 and .11—.14 of this chapter apply to those intrastate carriers not:
(1) Transporting hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or
(2) Operating a vehicle designed to transport 16 or more passengers, including the driver.
D. The amendments and exemptions set forth in Regulations .09 and .10 of this chapter apply to interstate and intrastate carriers.
E. Regulations .04-1—.04-3 of this chapter apply to interstate carriers, intrastate carriers, and individuals driving a commercial motor vehicle requiring a commercial driver's license and employed by the State or a political subdivision of the State.
F. Regulation .04-4 of this chapter applies to interstate for hire carriers and intrastate for hire carriers with vehicles that exceed a gross vehicle weight rating of 26,000 pounds and are designed to carry property.
**Cross References**
11.21.01.01
11.21.01.06B
**History**
- *Administrative History: Effective date: August 12, 1985 (12:16 Md. R. 1607)*
- *Administrative History: Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)*
- *Administrative History: Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)*
- *Administrative History: Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)*
- *Administrative History: Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland*
##### **COMAR 11.21.01.04** Definitions. {#sec-11.21.01.04 omnilex-key=us-md-regs-official--title-11--11.21.01.04}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Administrator” means the Motor Vehicle Administrator.
(3) “Commercial motor vehicle (CMV)” has the meaning stated in 49 CFR §390.5.
(4) “Medical condition” means a mental or physical condition which would disqualify an individual from operating a motor vehicle under 49 CFR §391.41(b).
(5) “Waiver for intrastate operation” means a waiver from the provisions of 49 CFR §391.41(b) for the intrastate driver of a commercial motor vehicle requiring a commercial driver's license to operate.
(6) “Waiver for medical conditions” means a waiver under Regulation .06E, of this chapter from the provisions of 49 CFR §391.41(b), the physical examination requirements of these regulations, for the intrastate driver of a commercial motor vehicle requiring a commercial driver's license to operate.
**History**
- *Administrative History: Effective date: August 12, 1985 (12:16 Md. R. 1607)*
- *Administrative History: Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)*
- *Administrative History: Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)*
- *Administrative History: Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)*
- *Administrative History: Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland*
##### **COMAR 11.21.01.04-1** 49 CFR 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs — Amendments and Exemptions. {#sec-11.21.01.04-1 omnilex-key=us-md-regs-official--title-11--11.21.01.04-1}
49 CFR 40 is incorporated by reference with no amendments or exemptions.
**Cross References**
11.21.01.03E
**History**
- *Administrative History: Effective date: August 12, 1985 (12:16 Md. R. 1607)*
- *Administrative History: Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)*
- *Administrative History: Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)*
- *Administrative History: Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)*
- *Administrative History: Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland*
##### **COMAR 11.21.01.04-2** 49 CFR 382, Controlled Substances and Alcohol Use and Testing — Amendments and Exemptions. {#sec-11.21.01.04-2 omnilex-key=us-md-regs-official--title-11--11.21.01.04-2}
49 CFR 382 is incorporated by reference with no amendments or exemptions.
**History**
- *Administrative History: Effective date: August 12, 1985 (12:16 Md. R. 1607)*
- *Administrative History: Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)*
- *Administrative History: Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)*
- *Administrative History: Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)*
- *Administrative History: Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland*
##### **COMAR 11.21.01.04-3** 49 CFR §383.71, Commercial Driver's License Standards: Requirements and Penalties — Amendments and Exemptions. {#sec-11.21.01.04-3 omnilex-key=us-md-regs-official--title-11--11.21.01.04-3}
49 CFR §383.71 is incorporated by reference with no amendments or exemptions.
**Cross References**
11.21.01.03E
**History**
- *Administrative History: Effective date: August 12, 1985 (12:16 Md. R. 1607)*
- *Administrative History: Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)*
- *Administrative History: Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)*
- *Administrative History: Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)*
- *Administrative History: Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland*
##### **COMAR 11.21.01.04-4** 49 CFR 384, State Compliance with Commercial Driver's License Program. {#sec-11.21.01.04-4 omnilex-key=us-md-regs-official--title-11--11.21.01.04-4}
49 CFR 384 is incorporated by reference with no amendments or exemptions.
**Cross References**
11.21.01.03F
**History**
- *Administrative History: Effective date: August 12, 1985 (12:16 Md. R. 1607)*
- *Administrative History: Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)*
- *Administrative History: Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)*
- *Administrative History: Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)*
- *Administrative History: Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland*
##### **COMAR 11.21.01.04-5** 49 CFR 387, Minimum Levels of Financial Responsibility for Motor Carriers. {#sec-11.21.01.04-5 omnilex-key=us-md-regs-official--title-11--11.21.01.04-5}
49 CFR 387 is incorporated by reference with no amendments or exemptions.
**History**
- *Administrative History: Effective date: August 12, 1985 (12:16 Md. R. 1607)*
- *Administrative History: Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)*
- *Administrative History: Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)*
- *Administrative History: Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)*
- *Administrative History: Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland*
##### **COMAR 11.21.01.05** 49 CFR 390, Federal Motor Carrier Safety Regulations; General — Amendments and Exemptions. — Repealed {#sec-11.21.01.05 omnilex-key=us-md-regs-official--title-11--11.21.01.05}
**Cross References**
11.21.01.03C
**History**
- *Administrative History: Effective date: August 12, 1985 (12:16 Md. R. 1607)*
- *Administrative History: Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)*
- *Administrative History: Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)*
- *Administrative History: Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)*
- *Administrative History: Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland*
##### **COMAR 11.21.01.06** 49 CFR 391, Qualifications of Drivers — Amendments and Exemptions. {#sec-11.21.01.06 omnilex-key=us-md-regs-official--title-11--11.21.01.06}
A. 49 CFR §391.1. The provisions of 49 CFR §391.1 are not applicable to a farmer, or an agent or employee of a farmer, who operates farm equipment intrastate or a motor vehicle owned or operated by the farmer in the intrastate transportation of supplies to a farm or the transportation of farm products as defined in Agriculture Article, §10-601, Annotated Code of Maryland, within 150 air miles of the farmer's farm.
B. 49 CFR §391.11. A driver who operates intrastate only, who does not transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations, and who does not operate a vehicle designed to transport 16 or more passengers, including the driver, may operate those vehicles described in Regulation .03 of this chapter if the driver is at least 18 years old and otherwise qualified to operate the vehicle.
C. 49 CFR §§391.21, 391.23, 391.31, and 391.35. The provisions of 49 CFR §§391.21, 391.23, 391.31, and 391.35 are not applicable to the intrastate driver, or to the motor carrier, with regard to the intrastate driver, who is a regularly employed driver of a motor carrier for a continuous period that began before July 1, 1986, and who does not:
(1) Transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or
(2) Operate a vehicle designed to transport 16 or more passengers, including the driver.
D. 49 CFR §391.41.
(1) The physical qualifications of 49 CFR §391.41 are not applicable to individuals employed by the Administration as driver license examiners or school vehicle inspectors while in the performance of their official duties.
(2) The medical examination and certification requirements of 49 CFR §391.41 are not applicable to the intrastate driver who operates a vehicle or vehicle combination with a registered gross or combination weight of less than 10,001 pounds, and who does not:
(a) Transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or
(b) Operate a vehicle designed to transport 16 or more passengers, including the driver.
E. 49 CFR §391.41(b).
(1) An intrastate driver who does not operate a bus or who does not transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations, or who does not operate a vehicle designed to transport 16 or more passengers, including the driver, and who does not meet the physical qualifications of 49 CFR §391.41(b)(1)—(3), (10), or (11), may drive in intrastate commerce if issued a waiver for intrastate operation by the Administrator. The waiver is valid for up to 2 years from the date of issue.
(2) In order to obtain a waiver for medical conditions from the provisions of 49 CFR §391.41(b)(1)—(3), (10), or (11), the intrastate driver shall:
(a) Be otherwise qualified to operate a commercial motor vehicle;
(b) Operate in intrastate commerce; and
(c) Have a mental or physical condition which would disqualify the individual under 49 CFR §391.41(b)(1)—(3), (10), or (11).
(3) In order to obtain a waiver for intrastate operation from the provisions of 49 CFR §391.41(b)(11), the applicant shall currently hold or have held within the past year a valid commercial drivers license.
(4) The condition set forth in §E(2)(c) of this regulation shall:
(a) Be certified by a physician who has examined the individual and determined the medical condition; and
(b) Be documented on the form provided by the Administration.
(5) While operating a commercial motor vehicle requiring a commercial driver's license to operate, the driver shall be in possession of a valid intrastate waiver issued by the Administration, showing that the provisions of 49 CFR §391.41(b), have been waived.
(6) A copy of the waiver for intrastate operation shall also be filed in the driver qualification file of the motor carrier employing the driver.
F. 49 CFR §§391.41(a), 391.43, and 391.45. The medical examination and certification requirements of 49 CFR §§391.41(a), 391.43, and 391.45 are not applicable to the intrastate driver who:
(1) Operates a vehicle or vehicle combination with a registered gross or combination weight of less than 26,001 pounds;
(2) Does not transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or
(3) Does not operate a vehicle designed to transport 16 or more passengers, including the driver.
G. 49 CFR §391.49.
(1) A driver who operates intrastate only in a commercial motor vehicle requiring a commercial driver's license to operate, who is not physically qualified to drive under 49 CFR §391.41(b)(1) or (2), and who is otherwise qualified to drive a motor vehicle, may drive in intrastate commerce only, if granted a waiver by the Administrator. The waiver is valid for up to 2 years from the date of issue.
(2) In order to obtain a waiver for intrastate operation from the provision of 49 CFR §391.41(b)(1) or (2), the intrastate driver shall comply with the requirements specified in 49 CFR §391.49 for interstate drivers.
(3) For the driver who operates intrastate only, and who is applying for a waiver under the provisions of 49 CFR §391.49(a), all references to the “Regional Director, Motor Carrier Safety”, contained in 49 CFR §391.49, shall be replaced with “Administrator”.
**History**
- *Administrative History: Effective date: August 12, 1985 (12:16 Md. R. 1607)*
- *Administrative History: Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)*
- *Administrative History: Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)*
- *Administrative History: Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)*
- *Administrative History: Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland*
##### **COMAR 11.21.01.07** 49 CFR 392, Driving of Motor Vehicles — Amendments and Exemptions. {#sec-11.21.01.07 omnilex-key=us-md-regs-official--title-11--11.21.01.07}
49 CFR 392 is incorporated by reference with no amendments or exemptions.
**History**
- *Administrative History: Effective date: August 12, 1985 (12:16 Md. R. 1607)*
- *Administrative History: Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)*
- *Administrative History: Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)*
- *Administrative History: Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)*
- *Administrative History: Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland*
##### **COMAR 11.21.01.08** 49 CFR 393, Parts and Accessories Necessary for Safe Operation — Amendments and Exemptions. {#sec-11.21.01.08 omnilex-key=us-md-regs-official--title-11--11.21.01.08}
49 CFR 393 is incorporated by reference with no amendments or exemptions.
**Cross References**
11.21.01.03C
**History**
- *Administrative History: Effective date: August 12, 1985 (12:16 Md. R. 1607)*
- *Administrative History: Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)*
- *Administrative History: Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)*
- *Administrative History: Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)*
- *Administrative History: Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland*
##### **COMAR 11.21.01.09** 49 CFR 395, Hours of Service of Drivers — Amendments and Exemptions. {#sec-11.21.01.09 omnilex-key=us-md-regs-official--title-11--11.21.01.09}
Add “police officer, hazardous materials inspector, and Public Service Commission inspector" as defined in Transportation Article, §25-111, Annotated Code of Maryland”, after “every” in 49 CFR §395.13(a).
**History**
- *Administrative History: Effective date: August 12, 1985 (12:16 Md. R. 1607)*
- *Administrative History: Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)*
- *Administrative History: Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)*
- *Administrative History: Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)*
- *Administrative History: Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland*
##### **COMAR 11.21.01.10** 49 CFR 396, Inspection, Repair, and Maintenance — Amendments and Exemptions. {#sec-11.21.01.10 omnilex-key=us-md-regs-official--title-11--11.21.01.10}
A. 49 CFR §396.9(a)(1). After “Every special agent of the FHWA”, add, “and, when certified by the Maryland State Police, each police officer (as defined in Transportation Article, §25-111, Annotated Code of Maryland), each hazardous materials inspector, and each Public Service Commission inspector”.
B. 49 CFR §396.9(b).
(1) Add to end, “When reference is made to a Driver-Equipment Compliance Check or to form MCS 63, it also means a Maryland Driver/Vehicle Inspection Report”.
(2) Delete “authorized FHWA personnel” and replace with “personnel authorized in subsection(a)”.
C. 49 CFR §396.9(c)(1). Add to end, “Maryland is a member of the Commercial Vehicle Safety Alliance (CVSA). Personnel authorized to perform inspections of motor carriers in Transportation Article, §25-111, Annotated Code of Maryland, shall conform to generally accepted driver/vehicle inspection standards”.
**Cross References**
11.21.02.09B(2)
**History**
- *Administrative History: Effective date: August 12, 1985 (12:16 Md. R. 1607)*
- *Administrative History: Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)*
- *Administrative History: Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)*
- *Administrative History: Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)*
- *Administrative History: Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland*
##### **COMAR 11.21.01.11** 49 CFR 397, Transportation of Hazardous Materials; Driving and Parking Rules — Amendments and Exemptions. {#sec-11.21.01.11 omnilex-key=us-md-regs-official--title-11--11.21.01.11}
49 CFR 397 is incorporated by reference with no amendments or exemptions.
**History**
- *Administrative History: Effective date: August 12, 1985 (12:16 Md. R. 1607)*
- *Administrative History: Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)*
- *Administrative History: Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)*
- *Administrative History: Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)*
- *Administrative History: Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland*
##### **COMAR 11.21.01.12** 49 CFR 398, Transportation of Migrant Workers — Amendments and Exemptions. {#sec-11.21.01.12 omnilex-key=us-md-regs-official--title-11--11.21.01.12}
49 CFR 398 is incorporated by reference with no amendments or exemptions.
**History**
- *Administrative History: Effective date: August 12, 1985 (12:16 Md. R. 1607)*
- *Administrative History: Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)*
- *Administrative History: Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)*
- *Administrative History: Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)*
- *Administrative History: Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland*
##### **COMAR 11.21.01.13** 49 CFR 399, Employee Safety and Health Standards — Amendments and Exemptions. {#sec-11.21.01.13 omnilex-key=us-md-regs-official--title-11--11.21.01.13}
49 CFR 399 is incorporated by reference with no amendments or exemptions.
**History**
- *Administrative History: Effective date: August 12, 1985 (12:16 Md. R. 1607)*
- *Administrative History: Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)*
- *Administrative History: Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)*
- *Administrative History: Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)*
- *Administrative History: Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland*
##### **COMAR 11.21.01.14** 49 CFR 1572, Credentialing and Background Checks for Maritime and Land Transportation Security — Amendments and Exemptions. {#sec-11.21.01.14 omnilex-key=us-md-regs-official--title-11--11.21.01.14}
49 CFR 1572 is incorporated by reference with no amendments or exemptions.
**History**
- *Administrative History: Effective date: August 12, 1985 (12:16 Md. R. 1607)*
- *Administrative History: Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)*
- *Administrative History: Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)*
- *Administrative History: Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)*
- *Administrative History: Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)*
- *Administrative History: Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)*
- *Administrative History: Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)*
- *Administrative History: Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)*
- *Administrative History: Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)*
- *Administrative History: Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)*
- *Administrative History: Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)*
- *Administrative History: Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Administrative History: Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)*
- *Administrative History: Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)*
- *Administrative History: Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)*
- *Administrative History: Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)*
- *Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland*
## **11.21.02** Diesel Vehicle Emissions Control Program
##### **COMAR 11.21.02.01** Definitions. {#sec-11.21.02.01 omnilex-key=us-md-regs-official--title-11--11.21.02.01}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Diesel vehicle” means a motor vehicle that:
(a) Is powered by a compression ignition engine; and
(b) Has a manufacturer's gross vehicle weight rating or gross combination weight rating over 10,000 pounds.
(2) “Governor” means a mechanism installed on a diesel engine by the original equipment manufacturer for the purpose of limiting the maximum engine speed.
(3) “Opacity” means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background, expressed as a percent, as measured by emissions test equipment under Regulation .07 of this chapter.
(4) “SAE J1667” means the emissions test described in document number J1667 published by the Society of Automotive Engineers, entitled “Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered Vehicles,” which is incorporated by reference in Regulation .02 of this chapter.
(5) “State Police” means the Department of State Police.
**Cross References**
11.14.01.16F
**History**
- *Administrative History: Effective date: July 10, 2000 (27:13 Md. R. 1212)*
- *Authority: Transportation Article, §§12-104(b) and 23-401—23-404, Annotated Code of Maryland*
##### **COMAR 11.21.02.02** Incorporation by Reference. {#sec-11.21.02.02 omnilex-key=us-md-regs-official--title-11--11.21.02.02}
Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered Vehicles, Surface Vehicle Recommended Practice, SAE J1667 (Society of Automotive Engineers, Inc., February 1996) is incorporated by reference.
**Cross References**
11.21.02.01B(4)
**History**
- *Administrative History: Effective date: July 10, 2000 (27:13 Md. R. 1212)*
- *Authority: Transportation Article, §§12-104(b) and 23-401—23-404, Annotated Code of Maryland*
##### **COMAR 11.21.02.03** Applicability. {#sec-11.21.02.03 omnilex-key=us-md-regs-official--title-11--11.21.02.03}
Unless otherwise stated in this chapter, the regulations in this chapter apply to a diesel vehicle that is operating on any highway in Maryland.
**History**
- *Administrative History: Effective date: July 10, 2000 (27:13 Md. R. 1212)*
- *Authority: Transportation Article, §§12-104(b) and 23-401—23-404, Annotated Code of Maryland*
##### **COMAR 11.21.02.04** General Requirements for the Emissions Test. {#sec-11.21.02.04 omnilex-key=us-md-regs-official--title-11--11.21.02.04}
A. A person may not cause, allow, or permit the operation of a diesel vehicle on any highway in Maryland, if the vehicle:
(1) Discharges exhaust emissions, the opacity of which exceeds the applicable emissions opacity standards under Regulation .06 of this chapter; or
(2) Has emission control, exhaust equipment, or a governor installed either on the vehicle or diesel engine which has been disconnected, detached, or deactivated, or in any other way has been rendered inoperable or less effective than designed by the original equipment or vehicle or engine manufacturer.
B. A diesel vehicle operating on any highway is subject to an emissions test that shall measure the opacity of the exhaust combustion products discharged into the atmosphere by the engine powering the diesel vehicle.
**Cross References**
11.21.02.09A(1)
11.21.02.09B(1)
**History**
- *Administrative History: Effective date: July 10, 2000 (27:13 Md. R. 1212)*
- *Authority: Transportation Article, §§12-104(b) and 23-401—23-404, Annotated Code of Maryland*
##### **COMAR 11.21.02.05** Emissions Test Procedure. {#sec-11.21.02.05 omnilex-key=us-md-regs-official--title-11--11.21.02.05}
A. The emissions test shall be conducted in accordance with the procedures described in SAE J1667.
B. The general procedures for a valid emissions test in accordance with SAE J1667 are as follows:
(1) Before testing, verify that the emissions test equipment meets the requirements under Regulation .07 of this chapter;
(2) Before initiating the test, determine that all accessories and any engine braking devices are turned off;
(3) Determine that the engine speed governor is in proper operating condition by:
(a) Inquiring of the diesel vehicle operator whether the governor is in proper operating condition, and
(b) Instructing the operator, with the transmission in either neutral (with the clutch disengaged if so equipped) or in park, to gradually increase the engine speed; then, if the engine speed increases uncontrollably, the diesel vehicle operator shall be instructed to immediately release the accelerator pedal and fuel supply to the engine, and discontinue emission testing of any vehicle with a dysfunctional engine speed governor;
(4) Perform the emissions test on at least one exhaust pipe in accordance with SAE J1667.
C. The owner or driver of the diesel vehicle that receives an emissions test shall be provided with the results in writing, in percent opacity, upon completion of the emissions test in this chapter.
**History**
- *Administrative History: Effective date: July 10, 2000 (27:13 Md. R. 1212)*
- *Authority: Transportation Article, §§12-104(b) and 23-401—23-404, Annotated Code of Maryland*
##### **COMAR 11.21.02.06** Emissions Standards. {#sec-11.21.02.06 omnilex-key=us-md-regs-official--title-11--11.21.02.06}
A. Diesel vehicle engines of model year 1991 and newer may not produce emissions that exceed 40 percent opacity.
B. Diesel vehicle engines of model year 1990 through 1974 may not produce emissions that exceed 55 percent opacity.
C. Diesel vehicle engines of model year 1973 and older may not produce emissions that exceed 70 percent opacity.
**Cross References**
11.14.01.16F
11.21.02.04A(1)
11.21.02.09A(4)
11.21.02.09A(5)
11.21.02.09B(4)
**History**
- *Administrative History: Effective date: July 10, 2000 (27:13 Md. R. 1212)*
- *Authority: Transportation Article, §§12-104(b) and 23-401—23-404, Annotated Code of Maryland*
##### **COMAR 11.21.02.07** Emissions Test Equipment. {#sec-11.21.02.07 omnilex-key=us-md-regs-official--title-11--11.21.02.07}
A. Equipment used to conduct the emissions test shall be:
(1) Designed to meet the equipment specifications provided in SAE J1667;
(2) Approved by the Maryland Department of the Environment; and
(3) Maintained in accordance with manufacturer's specifications.
B. Maintenance records for emissions test equipment shall be maintained for a period of 4 years from the date of issue and shall include:
(1) The dates of calibration;
(2) The full legal name of the individual who calibrated the emissions test equipment; and
(3) Any receipts for parts and repairs needed to maintain the emissions test equipment.
**Cross References**
11.21.02.01B(3)
11.21.02.05B(1)
11.21.02.08A(1)(a)
11.21.02.08B(1)
**History**
- *Administrative History: Effective date: July 10, 2000 (27:13 Md. R. 1212)*
- *Authority: Transportation Article, §§12-104(b) and 23-401—23-404, Annotated Code of Maryland*
##### **COMAR 11.21.02.08** Individuals Authorized to Conduct Emissions Tests on Diesel Vehicles. {#sec-11.21.02.08 omnilex-key=us-md-regs-official--title-11--11.21.02.08}
A. Emissions Inspectors.
(1) An individual who is employed by the State Police or the Maryland Transportation Authority Police may be certified as an emissions inspector by demonstrating to the State Police:
(a) The ability to conduct an emissions test under Regulations .04 and .05 of this chapter using emissions test equipment meeting the requirements under Regulation .07 of this chapter;
(b) A thorough understanding of this chapter and Transportation Article, Title 23, Subtitle 4, Annotated Code of Maryland; and
(c) That the individual has attended and successfully completed training in the operation of the emissions test equipment which the individual will use to conduct the emissions test under Regulations .04 and .05 of this chapter.
(2) If an applicant has satisfied the requirements under §A(1) of this regulation, the State Police may certify the applicant as an emissions inspector to:
(a) Conduct diesel vehicle emissions testing;
(b) Conduct diesel vehicle emissions retesting;
(c) Issue a safety equipment repair order;
(d) Certify compliance with a safety equipment repair order;
(e) Issue a Maryland Driver/Vehicle Inspection Report; and
(f) Issue the results in writing, in percent opacity, of an emissions test or retest under this chapter.
B. Diesel Emissions Retesters. An individual may apply to become certified by the Automotive Safety Enforcement Division of the State Police as a diesel emissions retester if the following conditions are met:
(1) The applicant demonstrates to the State the ability to conduct an emissions test under Regulations .04 and .05 of this chapter using emissions test equipment meeting the requirements under Regulation .07 of this chapter;
(2) The applicant demonstrates a thorough understanding of this chapter and Transportation Article, Title 23, Subtitle 4, Annotated Code of Maryland; and
(3) The applicant is employed at:
(a) An inspection station licensed under the provisions of Transportation Article, §23-103, Annotated Code of Maryland, to inspect vehicles over 10,000 pounds gross vehicle weight rating, or
(b) A diesel vehicle repair facility located in Maryland where the primary business is the repair, rebuild, or reconditioning of diesel vehicle engines for the public at a charge and that meets the minimum work area requirements of COMAR 11.14.01.05C(7).
C. Certification as a Diesel Emissions Retester. If an applicant has satisfied the requirements under §B of this regulation, the Automotive Safety Enforcement Division of the State Police may certify the applicant as a diesel emissions retester to:
(1) Conduct diesel vehicle emissions retests at only the licensed inspection station or diesel vehicle repair facility that meets the requirements under §B(3) of this regulation;
(2) Report the results of the emissions retest, in percent opacity; and
(3) Certify compliance with a safety equipment repair order pertaining only to violations of the emissions standards under this chapter.
D. Renewal of Certification as a Diesel Emissions Retester.
(1) Certification as a diesel emissions retester shall be for a period of time not to exceed 3 years.
(2) An individual with current, valid certification as a diesel emissions retester may apply for certification renewal in a manner prescribed by the State Police within 60 days before certification expiration.
E. A diesel emissions retester shall immediately notify the Automotive Safety Enforcement Division of the State Police of any change in employment.
F. The emissions test equipment used, procedures conducted, and records maintained by diesel emissions retesters are subject to periodic audits conducted by personnel from the Maryland Department of the Environment or the Automotive Safety Enforcement Division of the State Police, or both.
G. The State Police may, for cause, suspend or revoke any certifications issued under this regulation.
**Cross References**
11.14.01.04D
11.14.01.16F(2)
11.14.01.16G(2)
**History**
- *Administrative History: Effective date: July 10, 2000 (27:13 Md. R. 1212)*
- *Authority: Transportation Article, §§12-104(b) and 23-401—23-404, Annotated Code of Maryland*
##### **COMAR 11.21.02.09** Enforcement. {#sec-11.21.02.09 omnilex-key=us-md-regs-official--title-11--11.21.02.09}
A. Diesel Vehicles Registered In Maryland.
(1) If it is determined that the emissions test in this chapter cannot be performed on a diesel vehicle registered in Maryland because the vehicle is operating as described under Regulation .04A(2) of this chapter, the diesel vehicle shall be considered to have failed the emissions test and shall be subject to §A(2)—(5) of this regulation and Transportation Article, §23-404, Annotated Code of Maryland.
(2) A safety equipment repair order shall be issued to the driver of a diesel vehicle registered in Maryland that fails an emissions test under this chapter in accordance with Transportation Article, §23-404, Annotated Code of Maryland.
(3) COMAR 11.14.01.16 applies to any safety equipment repair order that is issued to repair a diesel vehicle to comply with emissions standards.
(4) The certified safety equipment repair order submitted to the State Police shall include evidence that the diesel vehicle complies with the emissions standards in Regulation .06 of this chapter.
(5) The evidence required to demonstrate that the diesel vehicle was repaired and complies with the emissions standards in Regulation .06 of this chapter shall include the results of an emissions retest conducted by:
(a) An emissions inspector; or
(b) A certified diesel emissions retester.
B. Foreign Registered Diesel Vehicles.
(1) If it is determined that the emissions test in this chapter cannot be performed on a foreign registered diesel vehicle because the vehicle is operating as described under Regulation .04A(2) of this chapter, the diesel vehicle shall be considered to have failed the emissions test and shall be subject to §B(2)—(4) of this regulation and Transportation Article, §23-404, Annotated Code of Maryland.
(2) A Maryland Driver/Vehicle Inspection Report shall be issued to the driver of a foreign registered vehicle that fails an emissions test under this chapter in accordance with Transportation Article, §23-404, Annotated Code of Maryland, and COMAR 11.21.01.10.
(3) The Maryland Driver/Vehicle Inspection Report, given to the driver of a foreign registered diesel vehicle that fails an emissions test under this chapter, shall include notification that the foreign registered diesel vehicle has failed to comply with emissions standards in this State.
(4) The owner of a foreign registered diesel vehicle that receives a Maryland Driver/Vehicle Inspection Report stating that the vehicle failed an emissions test shall certify that the vehicle was repaired to comply with emissions standards under Regulation .06 of this chapter by signing and returning the Maryland Driver/Vehicle Inspection Report to the State Police.
**History**
- *Administrative History: Effective date: July 10, 2000 (27:13 Md. R. 1212)*
- *Authority: Transportation Article, §§12-104(b) and 23-401—23-404, Annotated Code of Maryland*
## **11.22.01** Administrative Requirements
##### **COMAR 11.22.01.01** Scope. {#sec-11.22.01.01 omnilex-key=us-md-regs-official--title-11--11.22.01.01}
A. These regulations do not limit or supersede any other regulation concerning vehicle equipment or means of enforcing laws or regulations relating to vehicle equipment.
B. These regulations may not be construed to prohibit a person from exceeding the requirements of these regulations.
C. These regulations apply to:
(1) Each vehicle defined in Regulation .02 of this chapter;
(2) Each person who owns, operates, maintains, or repairs a vehicle; and
(3) Each motor carrier as defined in the Code of Federal Regulations, Title 49, §390.05, its officers and employees, and each person employed under contract by a motor carrier.
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01C amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .02B amended effective April 1, 1991 (18:6 Md. R. 687); May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .03 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .04 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .05 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.01.02** Definitions. {#sec-11.22.01.02 omnilex-key=us-md-regs-official--title-11--11.22.01.02}
A. In this subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Maryland Motor Vehicle Administration of the Maryland Department of Transportation.
(2) “Department” means the Department of State Police.
(3) “Operator” means any person who drives, operates, moves, or is in physical control of a vehicle or combination of vehicles.
(4) “Preventive maintenance program” means a systematic vehicle inspection, service, repair, and maintenance program requiring specified equipment on certain vehicles to be maintained in a safe operating condition.
(5) “Rejection” for the purpose of these regulations means repair.
(6) “Vehicle” for the purpose of these regulations means any vehicle registered under the Transportation Article, Title 13, Annotated Code of Maryland, as:
(a) A Class E (truck) vehicle with a registered gross vehicle weight greater than 10,000 pounds;
(b) A Class E (truck) vehicle with a registered combination vehicle weight greater than 10,000 pounds when operated in combination with a freight trailer or semitrailer;
(c) A Class F (tractor) vehicle;
(d) A Class G (freight trailer or semitrailer) vehicle, for which the owner pays a flat registration fee;
(e) A Class M (multipurpose passenger) vehicle which has a seating capacity for 16 or more passengers including the driver, or was previously registered as a Class H (school) vehicle or a Class P (passenger bus) vehicle, and which is used to primarily transport passengers;
(f) A Class P (passenger bus) vehicle; or
(g) Any vehicle or combination of vehicles owned by this State or any political subdivision of this State which are:
(i) Single unit trucks with a gross vehicle weight greater than 10,000 pounds,
(ii) Single unit trucks with a gross combination vehicle weight greater than 10,000 pounds when operated in combination with a freight trailer or semitrailer,
(iii) Truck tractor vehicles,
(iv) Freight trailer or semitrailer vehicles, and
(v) Buses designed and used to carry more than 10 people and not regulated by Transportation Article, §25-110, Annotated Code of Maryland.
**Cross References**
11.22.01.01C(1)
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01C amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .02B amended effective April 1, 1991 (18:6 Md. R. 687); May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .03 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .04 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .05 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.01.03** General Inspection, Repair, and Maintenance. {#sec-11.22.01.03 omnilex-key=us-md-regs-official--title-11--11.22.01.03}
A. Except as required by §B of this regulation, once every 12 months or when a vehicle has travelled 25,000 miles, whichever comes first, each owner shall:
(1) Systematically inspect, maintain, and repair each vehicle owned; or
(2) Cause each vehicle owned to be systematically inspected, maintained, and repaired.
B. An owner of a vehicle operating with a dump service registration under Transportation Article, §13-919, Annotated Code of Maryland, that has been in operation for at least 18 years from the later of the vehicle's model year or first registration date, shall, at intervals of 12,500 miles or 6 months, whichever comes first:
(1) Systematically inspect, maintain, and repair each vehicle owned; or
(2) Cause each vehicle owned to be systematically inspected, maintained, and repaired.
C. Items of Inspection. At a minimum, the following equipment on each vehicle defined in these regulations shall be inspected, maintained, and repaired to meet the requirements established by the Administration and Department:
(1) Alignment;
(2) Suspension;
(3) Steering;
(4) Brake systems;
(5) Tires;
(6) Wheels, rims, studs, nuts;
(7) Fuel storage and delivery;
(8) Exhaust system;
(9) Vehicle frame, body, and sheet metal;
(10) Electrical system;
(11) Emergency equipment;
(12) Seats and seat belts;
(13) Sun visor;
(14) Mirrors;
(15) Glazing;
(16) Windshield wipers and defroster;
(17) Certain power train components;
(18) Speedometer and odometer;
(19) Clutch and brake pedal pad;
(20) Horn;
(21) Hitches and coupling devices;
(22) Tanks and pressure vessels.
**Cross References**
11.22.01.04B(1)
11.22.01.04B(2)
11.22.02.01
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01C amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .02B amended effective April 1, 1991 (18:6 Md. R. 687); May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .03 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .04 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .05 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.01.04** Records. {#sec-11.22.01.04 omnilex-key=us-md-regs-official--title-11--11.22.01.04}
A. Each owner shall maintain or cause to be maintained the following records for each vehicle:
(1) Identification by year, make, model, title number, and manufacturer's vehicle identification number. The vehicle identification number may not be recorded from documents, but shall be taken from the actual number on the vehicle.
(2) A record of inspection, repair, and maintenance, including vehicle mileage and date or dates of action taken.
(3) A copy of the certification required by Regulation .05 of this chapter.
B. Administrative Forms.
(1) When performing inspection, service, maintenance, or repairs, an owner shall record, or cause to be recorded, on a form acceptable to the Department, action taken on each item listed in Regulation .03B of this chapter.
(2) If an owner uses a form which contains additional items, the owner shall ensure that all items contained in Regulation .03B of this chapter are included on the form and are highlighted.
(3) Forms shall be completed to indicate the date of inspection, date of repairs, mileage on the vehicle on the date of inspection or repair, and signature of the owner or authorized representative.
(4) An owner or agent of an owner may not willfully record or cause to be recorded any false or fraudulent information on any form or forms required by these regulations.
C. Record Retention.
(1) Records required under this regulation shall be kept at the location where the vehicle is garaged, assigned, or maintained.
(2) Records shall be retained for a period of 2 years. However, records need only be retained for a period of 6 months after a vehicle is sold, traded, junked, or otherwise transferred or disposed of by an owner.
(3) If vehicle records are not maintained in Maryland, they shall, upon request of the Department, be made available within 5 working days.
(4) Records shall be available for inspection by Department personnel, or other personnel authorized by the Department, during normal business hours.
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01C amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .02B amended effective April 1, 1991 (18:6 Md. R. 687); May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .03 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .04 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .05 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.01.05** Certification. {#sec-11.22.01.05 omnilex-key=us-md-regs-official--title-11--11.22.01.05}
A. Upon applying for an initial or renewal registration for a vehicle defined in this chapter, an owner shall certify that the vehicle is maintained under a preventive maintenance plan established by the Administration and the Department.
B. A vehicle may not be operated on the highways of this State unless one of the following documents is carried in or on the vehicle:
(1) A record on a form approved by the Department of the most recent inspection, including any maintenance or repair work performed; or
(2) A written certification, on a form approved by the Department, that the vehicle is maintained under a preventive maintenance plan established by the Department.
C. If the owner is a corporation, all certifications required by this chapter may be signed by a corporate officer or an individual with written power of attorney to sign for the corporation. All written powers of attorney shall be filed with the Department.
D. It shall be the responsibility of the operator to ensure that the certification required under this chapter is carried in or on the vehicle at all times.
E. If a vehicle is maintained by this State or any political subdivision of this State, the certification may be signed by a designee of the owner.
**Cross References**
11.22.01.04A(3)
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01C amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .02B amended effective April 1, 1991 (18:6 Md. R. 687); May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .03 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .04 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Administrative History: Regulation .05 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
## **11.22.02** Preventive Maintenance Standards for Trucks and Truck Tractors
##### **COMAR 11.22.02.01** Applicability. {#sec-11.22.02.01 omnilex-key=us-md-regs-official--title-11--11.22.02.01}
The standards, requirements, and procedures set forth in this chapter are applicable to equipment originally installed by the manufacturer or required by federal or State law or regulation on any vehicle registered as a Class E (truck) vehicle with a registered gross vehicle weight or gross combination weight greater than 10,000 pounds, or a Class F (tractor) vehicle under the provisions of Transportation Article, Title 13, Annotated Code of Maryland, or any single unit truck with a gross vehicle weight greater than 10,000 pounds or a gross combination vehicle weight greater than 10,000 pounds when operated in combination with a freight trailer or semitrailer or any truck tractor owned by this State or any political subdivision of this State. Compliance with these minimum requirements may not be sufficient for the equipment to remain in compliance with the minimum time or mileage requirements of COMAR 11.22.01.03A and B. Therefore, more frequent maintenance, service, and repair as considered necessary by the owner is permitted and recommended.
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.02** Alignment. {#sec-11.22.02.02 omnilex-key=us-md-regs-official--title-11--11.22.02.02}
A. Axles, beams, spindles, or mountings which are broken, damaged, worn, rusted, bent, or modified may affect wheel alignment, tracking, or vehicle handling or stability.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect axles, beams, spindles, and mountings for broken, damaged, worn, rusted, bent, or modified conditions. | (1) Any axle, beam, spindle, or mounting is broken, worn, damaged, rusted, bent, or modified and affects vehicle handling, stability, tracking, or alignment. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.03** Suspension. {#sec-11.22.02.03 omnilex-key=us-md-regs-official--title-11--11.22.02.03}
A. Spring and Attachments. Unequal vehicle height, broken or damaged spring leaves, spring shackles, bushings, center bolts, U-bolts, control arms, torque arms, torsion bars or equalizers can affect vehicle steering, alignment, tracking, handling, and stability. With vehicle on a level surface, inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Vehicle height. | (1) Uneven vehicle height permits tire or wheel contact with body or suspension parts. |
| (2) Springs. | (2) A spring leaf is broken, damaged, or missing. |
| (3) Spring shackles. | (3) Spring shackle is broken, loose, cracked, worn, or damaged. |
| (4) Bushings. | (4) Bushings are loose or missing. |
| (5) Center bolts. | (5) Spring center bolt is broken or missing. |
| (6) U-bolts. | (6) A U-bolt is broken, loose, or missing. |
| (7) Control arms. | (7) A control arm is bent, missing, or has a welded repair. |
| (8) Torque arms. | (8) A torque arm is bent, missing, or has a welded repair. |
| (9) Torsion bars. | (9) Torsion bar is loose, broken, or damaged. |
| (10) Equalizers. | (10) An equalizer is cracked, broken, or has a welded repair. |
B. Torsion Bar. All other suspension components shall be inspected the same as leaf spring suspension.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Apply spring brakes, with engine running and transmission in gear. Slowly engage clutch and apply torque to drive wheels. Observe play in front mounting. | (1) Play exceeds 1/8 inch. |
| (2) Place pry bar between frame and torsion bar. Observe play in rear mounting, bushing, and pin. | (2) Play exceeds 1/8 inch. |
C. Coil Springs and Mountings. Visually inspect coil springs, control arms, rear torque arms, axle strut (when equipped), and front and rear stabilizer bar (when equipped).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Coil springs. | (1) Spring is broken or sagging and lowers a corner of the vehicle more than 2 inches. |
| (2) Control arms. | (2) Control arm is bent, cracked, has a welded repair, or bushings are loose. |
| (3) Torque arms. | (3) Torque arm is missing, bent, cracked, loose, or has a welded repair. |
| (4) Axle struts. | (4) Axle strut is missing, bent, cracked, has a welded repair, or bushings are loose. |
| (5) Radius arms (if equipped). | (5) Radius arm is missing, bent, cracked, has a welded repair, or bushings are loose. |
| (6) Stabilizer bars (if equipped). | (6) Stabilizer bar is missing, disconnected, broken, loose, damaged, or has a welded repair. |
D. Rubber Load Cushions. All other suspension components shall be inspected the same as leaf spring suspension.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Apply spring brakes, with engine running and transmission in gear, release clutch slowly to take up the slack and inspect all attachments. | (1) Any mounting or attachment play exceeds 1/8 inch. |
| (2) Inspect all rubber pads and blocks. | (2) Rubber block is missing or rubber pad is split. |
E. Tandem Axle Walking Beams.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect rubber insert in bushings | (1) Rubber is dispersed from bushing resulting in visible axle movement. |
F. Air Suspension (All Axles). Two procedures are required to inspect air suspension systems.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Apply air pressure and observe air pressure in braking system when suspension begins to lift vehicle. | (1) Suspension begins to lift vehicle before air pressure in the braking system reaches 55 psi. |
| (2) With normal air pressure in system, inspect: (a) Bushings. (b) Pivots. (c) Lines. (d) Air bags. (e) Shock absorbers, if equipped. (f) Air supply. (g) Suspension height. | (2) (a) Any bushing is loose. (b) A pivot is loose or worn. (c) Any line is cracked, broken, crushed, or leaks. (d) Air bag is cut, has an air leak, vehicle body and chassis is unsupported, any axle or body or chassis leans to one side. (e) Shock absorber is missing, broken, or disconnected. (f) Air supply is connected to main line or wet reservoir, or pressure protection valve is missing. (g) Suspension height does not meet manufacturer's specification. |
G. Air Suspension Nondriving Rear Axle. Inspection is conducted with normal air pressure in suspension system.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| Operate lift control and observe response of retractable axle. | (1) Axle does not respond to lift control switch on valve. |
| (2) Inspect for air leaks with retractable axle in both up and down position and inspect for air pressure loss in one-way valves. | (2) Air leak is evident when axle is in up or down position or there is air pressure loss at tag suspension. |
H. Shock Absorbers (if Equipped). Shock absorber inspection includes leakage, mounting, and all related attachments. When originally equipped with shock absorbers, inspect for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Shock absorber is missing if originally equipped. |
| (2) Proper mounting. | (2) Shock absorber is not properly and adequately mounted. |
| (3) Leakage. | (3) There is visible leakage. Slight dampness is not cause for rejection. |
| (4) Condition of bushings. | (4) Any bushing is loose or missing. |
I. Road Clearance.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect for any suspension, frame, or body parts extending below the bottom edge of wheel rims. | (1) Any part extends below the lowest point of any wheel rim. |
J. Kingpins. Raise or jack the vehicle by the frame or suspension. Brakes should be applied to eliminate wheel bearing play.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Grasp wheel and tire assembly at top and bottom and rock in and out. Observe movement at top or bottom of tire. | (1) Movement exceeds the following: Wheel size 16 inches or less — 1/4 inch 17 – 18 inches — 3/8 inch. More than 18 inches — 1/2 inch. |
| (2) Place a bar under the tire and move tire and wheel assembly up and down. Observe movement between spindle support and axle. | (2) Vertical movement exceeds 3/32 inch. |
K. Ball Joints. Inspect ball joints for vertical and horizontal movement, modifications, and damage.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect ball joints for modifications or conditions which disguise wear. | (1) Ball joints are injected with plastic or modified in any way that disguises wear. |
| (2) Raise vehicle to unload ball joints and measure vertical and horizontal movement. | (2) Horizontal or vertical movement exceeds manufacturer's specifications. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.04** Steering. {#sec-11.22.02.04 omnilex-key=us-md-regs-official--title-11--11.22.02.04}
A. Lash. Inspection of vehicles equipped with power steering shall be conducted with the engine running, power steering fluid at the proper level, and belts in proper condition and tension.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) With front wheels in straight ahead position, turn steering wheel until turning motion can be observed at the front wheels. Mark rim of steering wheel and, using a pointer, turn the steering wheel in the opposite direction until motion can be observed at front wheels. Measure distance between mark and pointer. | (1) Measurement at rim of steering wheel exceeds the following: Wheel diameter less than 21 inches — 3 inches; 21 inches or greater — 3.5 inches; |
B. Front Wheel Bearings. With front wheels raised, grasp wheel and tire assembly at top and bottom and rock wheel in and out. Wheel bearing movement is determined by movement of brake drum and backing plate or brake disc and shields. Do not confuse suspension or ball joint play with wheel bearing play.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) With front wheels raised, rock top and bottom of tire and wheel assembly. Observe wheel bearing play. | (1) Wheel bearing play measured at sidewall of tire exceeds 1/8 inch. |
C. Steering Travel. Turn steering wheel through full right and full left cycle. The vehicle may be slowly moved or the steering wheels raised to ease inspection. Inspect for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Binding. | (1) There is binding in a cycle. |
| (2) Jamming. | (2) There is jamming in a cycle. |
| (3) Travel left and right. | (3) Travel from center to full right and center to full left is not within plus or minus 1/2 revolution. |
| (4) Tire clearance when stops are contacted. | (4) There is less than 1 inch clearance between tire and body or chassis when stops are contacted. |
| (5) Steering wheel conditions. | (5) Steering wheel is damaged or is not the original or equivalent. |
D. Steering Linkage. Move steering wheel left and right and observe movement in steering components. If the vehicle is equipped with power steering, run the engine. Visually inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Tie rods. | (1) Bent or welded. |
| (2) Tie rod ends. | (2) Loose, worn, bent, welded, or modified to disguise wear. |
| (3) Drag link. | (3) Loose, worn, heated, or welded, unless the parts manufacturer requires welding. |
| (4) Pitman arm. | (4) Loose, insecurely mounted, or bolts are loose or missing. |
| (5) Steering box. | (5) Loose, insecurely mounted, or bolts are loose or missing. |
| (6) Lock nuts. | (6) Missing or are not proper type or size. |
| (7) Cotter pins. | (7) Loose or improperly attached. |
| (8) Steering column. | (8) Loose or improperly attached. |
E. Power Steering System. Manually and visually inspect entire system for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Fluid level. | (1) Less than recommended level. |
| (2) Belts. | (2) Missing, loose, frayed, cracked, or incorrect type. |
| (3) Hoses. | (3) Missing, cracked, leaking, rubbing moving parts, or is improper type. |
| (4) Pump. | (4) Missing, not functioning, loose, or leaking. |
| (5) Cylinder (If applicable). | (5) Missing, not functioning, loose, or leaking. |
| (6) Assist function. | (6) No assist when steering wheel is turned. |
| (7) Steering box. | (7) Loose or leaking. |
F. Collapsible Steering Column (if Applicable). Inspect for condition and mounting.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| Grasp steering wheel or column and attempt to move horizontally and vertically. | (1) Steering column moves more than 1/4 inch either horizontally or vertically. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.05** Brake Systems—Hydraulic and Vacuum. {#sec-11.22.02.05 omnilex-key=us-md-regs-official--title-11--11.22.02.05}
A. Parking Brakes.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Apply parking brake using driver's manual control. | (1) Application of parking brake fails to hold the vehicle stationary. |
| (2) Application. | (2) Parking brakes do not fully apply and release when driver's control operated. |
| (3) Control accessibility. | (3) Parking brake control cannot be reached from driver's seat. |
| (4) Holding power. | (4) Operating mechanism fails to hold brakes in applied position without manual effort. |
| (5) Mechanical components. | (5) Any component is seized, missing, incorrectly installed, loose, broken, or worn to such extent as to restrict the effectiveness. |
B. Brake Lines and Hoses. Visually inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Lines and hoses. | (1) Any line is cracked, chafed, flattened, insecurely mounted, restricted, any repairs other than steel tubing (tubing connections shall be double flared), leaking, or welded. |
| (2) Master cylinder. | (2) Master cylinder leaks, is loose, or fluid level below 1/2 inch of top. |
| (3) Cap. | (3) Cap is missing, vent holes are plugged, or gasket missing or damaged. |
C. Brake Failure Indicators. Visually inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Warning indicator. | (1) Lamp fails to operate when ignition switch is in start position, or lamp operates continuously. |
| (2) Pressure differential switch. | (2) Lamp comes on with engine running and brake pedal depressed as hard as possible. |
D. Brake Pedal Reserve and Leakage Test. Without pumping or repeated brake pedal applications, apply a moderate foot force to pedal and maintain for 1 minute. Inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Leakage. | (1) Pedal moves slowly in applied direction. |
| (2) Travel. | (2) Depressed height is more than 75 percent of total possible travel or does not meet manufacturer's specifications. |
| (3) Pedal pad. | (3) Pedal pad is loose, broken, or missing (if fitted by manufacturer). |
E. Hydraulic System with Hydraulic Assist. Vehicles equipped with an electrically driven hydraulic pump that functions in the event of a power steering failure may be checked by applying pressure on the brake pedal and turn the ignition switch from “off” to “on” position.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Apply moderate pressure to brake pedal and turn ignition switch on and off. | (1) No assist in service brakes is detected. |
| (2) Visually inspect brake warning indicator (if applicable). | (2) Brake warning indicator fails to function when assist pump is not operating. |
F. Vacuum System.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect lines, hoses, clamps, and connections. | (1) There are any missing, broken, collapsed, chafed lines, hoses, clamps, or connections. |
| (2) Visually inspect vacuum tank. | (2) Tank is leaking, loose, or damaged. |
| (3) Clamps. | (3) Any clamp is loose, missing, or broken. |
G. Power Brake Operation.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) With engine off, deplete all vacuum from system. Apply moderate pressure to brake pedal and start engine. | (1) Brake pedal does not move downward when engine is started. |
| (2) Visually inspect brake booster. | (2) Booster is loose or damaged. |
H. Vacuum Reserve.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Start engine and build full vacuum. Shut off engine and make one brake application. | (1) Reserve is insufficient to make one full brake application. |
| (2) Inspect operation of low vacuum indicator. | (2) Indicator fails to operate when system is reduced to 8 inches Hg vacuum. |
I. Vacuum Pump (if Applicable).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) If the system is not equipped with a vacuum gauge, attach a gauge between the pump and reservoir and operate the pump. If the system also uses engine vacuum, disconnect and plug engine vacuum source. | (1) Vacuum pump is not capable of maintaining 18 inches Hg vacuum. |
J. Drum Brakes—Hydraulic.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Apply a moderate force to the brake pedal for 1 minute. Then check all brake drum and backing plate exterior edges for evidence of brake fluid, oil, or grease leakage. | (1) Brake fluid, oil, or grease is evident at exterior edge of any backing plate or brake drum. |
| (2) If the backing plate or brake drum has inspection holes, visually inspect thickness of brake lining. | (2) The brake lining thickness appears to be 1/16 inch or less. |
| (3) Visually inspect exterior surfaces of backing plates for damage. | (3) Any backing plate is bent or damaged. |
| (4) Visually inspect brake drums for cracks. | (4) Any brake drum is cracked. |
| (5) Removal of all wheels and brake drums on an axle is only required when a rejection occurs under §J(2). Otherwise only remove the wheel and brake drum for the wheel where the defect is suspected. When wheels and brake drums are removed, perform the inspections specified in §J(6)—(10). | (5) (Rejection not applicable in this step) |
| (6) Bonded Lining. (a) Measure thickness of lining at thinnest point. (b) Inspect lining condition. | (6) (a) Thinnest point of remaining bonded lining is 1/16 inch or less. (b) Bonded lining is broken, cracked, loose, missing, wear is extremely uneven, or lining is contaminated with oil, grease, or brake fluid. |
| (7) Riveted Lining. (a) Measure thickness of lining at thinnest point above rivet head. (b) Inspect lining condition. | (7) (a) Thinnest point of remaining lining above a rivet head is 1/16 inch or less. (b) Lining or rivet is broken, cracked, loose, missing, wear is extremely uneven, or lining is contaminated with oil, grease, or brake fluid. |
| (8) Mechanical Components. (a) Visually inspect self-adjusters. (b) Visually inspect self-adjuster cables or mechanisms. (c) Anchor pins and hold-down springs. (d) Visually inspect backing plate. | (8) (a) Self-adjuster is missing, seized, inoperable, not for proper side of vehicle, or extremely worn. (b) Cable or mechanism is missing, broken, loose, or inoperable. (c) Any pin or spring is missing, broken, loose, or extremely worn. (d) Backing plate is worn, bent, or damaged to prevent free movement of brake shoes. |
| (9) Wheel Cylinders. (a) Inspect for operation. (b) Inspect for leaks. (c) Inspect dust seals. | (9) (a) Any wheel cylinder fails to operate. (b) Any cylinder leaks. (c) Any dust seal is missing, damaged, or deteriorated. |
| (10) Brake Drums. (a) Visually inspect for damage and cracks. (b) Measure inside diameter of drum for wear and remachining. | (10) (a) Any drum contains cracks in the friction surface which extend to the outer edge of the bore, or any drum contains any external cracks. (b) Any combination of wear and remachining exceeds the brake drum manufacturer's limits. If a limit is not available, the maximum combination of wear and remachining may not exceed 0.090 inch greater than the original inside diameter of the drum if the original diameter of the drum is 11 inches or less. For drums greater than 11 inches inside diameter, the maximum wear and remachining may not exceed 0.120 inch greater than the original inside diameter. |
K. Disc Brakes—Hydraulic.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Apply a moderate force to the brake pedal for 1 minute. Then check all calipers and rotor (disc)surfaces for evidence of brake fluid, oil, or grease leakage. | (1) Brake fluid, oil, or grease is evident or visible on accessible surfaces of any caliper or rotor (disc). |
| (2) If brake linings are visible, visually inspect thickness of lining. | (2) Brake lining thickness appears to be 1/16 inch or less. |
| (3) If rotors (discs) are visible, visually inspect for cracks or damage. | (3) Any rotor (disc) is cracked or damaged. |
| (4) Removal of all wheels on an axle is only required when a rejection occurs under §K(2). Otherwise remove only the wheel where the defect is suspected. When wheels are removed, perform the inspections specified in K(5)—(8). | (4) (Rejection not applicable in this step) |
| (5) Bonded Linings. (a) Measure thickness of lining at thinnest point. (b) Inspect lining condition. | (5) (a) Thinnest point of remaining lining is 1/16 inch or less. (b) Bonded lining is broken, cracked, loose, missing, wear is extremely uneven, or lining is contaminated with oil, grease, or brake fluid. |
| (6) Riveted Lining. (a) Measure thickness of lining at thinnest point above rivet head. (b) Inspect lining condition. | (6) (a) Thinnest point of remaining lining above a rivet head is 1/16 inch or less. (b) Lining or rivet is broken, cracked, loose, missing, wear is extremely uneven, or lining is contaminated with oil, grease, or brake fluid. |
| (7) Calipers. Visually inspect leaks, operation, and anti-vibration components. | (7) Caliper is leaking, fails to operate, or piston is seized. |
| (8) Rotors (Discs). (a) Visually inspect for damage and cracks. (b) Measure thickness of rotor for wear and remachining. | (8) (a) Any rotor is broken, cracked into the hub, or friction surface cracks extend to the periphery of the rotor. (b) Any combination of wear and remachining reduces the thickness of the rotor to less than the minimum thickness established by the manufacturer or that stamped on the rotor. |
L. Brake Lines and Hoses—Hydraulic.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect lines and hoses for condition, mounting, restrictions, and proper material and repair. | (1) Any line or hose is leaking, cracked, chafed, flattened, restricted, welded, insecurely mounted, replaced with other than steel tubing, or connections are not double flared. |
M. Master Cylinder. Visually inspect master cylinder for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Fluid level. | (1) Any reservoir fluid level is more than 1/2 inch below top of reservoir. |
| (2) Leaks. | (2) There is evidence of a fluid leak. |
| (3) Damage. | (3) There is evidence of damage. |
| (4) Mounting. | (4) Master cylinder is not securely mounted. |
| (5) Cap. | (5) Cap is missing, has plugged vents, or gasket is missing or damaged. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.06** Brake System—Air. {#sec-11.22.02.06 omnilex-key=us-md-regs-official--title-11--11.22.02.06}
A. Low Air Indicator.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Operation. | (1) Indicator fails to operate or fails to function when air pressure reserve is reduced to 60 psi. |
B. Compressor and Belt or Belts.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect compressor for condition and mounting. | (1) Compressor is damaged, loose, or mounts are loose, cracked, or bolts are missing. |
| (2) Inspect belts for presence, condition, and tension. | (2) Belt is missing, broken, cracked, deteriorated, or loose. |
C. Compressor Operation. Air pressure shall be reduced to 50 psi and the engine started and operated at approximately 1200 rpm.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) With air pressure reduced to 50 psi, observe time to build pressure to 90 psi. | (1) Time required to build air pressure from 50 psi to 90 psi exceeds 3 minutes. |
| (2) Governor. (a) Cut-Out Pressure. With engine running at approximately 1200 rpm, observe compressor cut-out pressure. (b) Cut-In Pressure. With engine idling, deplete air pressure and observe compressor cut-in pressure. | (2) (a) Cut-out pressure is greater than 135 psi. (b) Cut-in pressure is less than 80 psi. |
D. Air Leakage. Inspection for leakage shall be conducted with a fully charged system and brakes fully applied.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Single Vehicle. With a fully charged system, stop engine and observe pressure drop in 1 minute. | (1) Air pressure drop is greater than 3 psi in 1 minute. |
| (2) Combination of Vehicles. With a fully charged system, stop engine and observe pressure drop in 1 minute. | (2) Air pressure drop is greater than 4 psi in 1 minute. |
E. Air Reserve.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Drop in Reservoir Pressure. With fully charged system and engine off, make one full brake application. | (1) Air pressure reservoir pressure is reduced by 30 percent or more on one full brake application. |
F. Air Reservoir and Valves.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Air Reservoir. With system fully charged, open primary (wet) tank drain valve and observe operation of check valve. Then open drain valve on secondary (dry) tank. | (1) Check valve does not close and air is retained in the secondary (dry) tank or tanks. |
| (2) Contamination. Observe any oil or water expelled from all tanks. | (2) Any deposits of oil or water cannot be expelled. |
| (3) Quick Release Valves. Make full brake application and release brakes. | (3) Air is not quickly exhausted through exhaust port when brakes are released. |
| (4) Relay Valves. Apply and release brakes and observe function of proper brake chambers. | (4) Air is not directed to proper brake chamber when brakes are applied or air is not quickly exhausted when brakes are released. |
| (5) Tractor Protector Valve (if Applicable). With system charged to 100 psi and engine stopped, push trailer control valve in and observe exhausting or air. Observe the air pressure reading when the push-pull control valve is activated and closes the tractor protection valve. | (5) Air is exhausted through service brake lines or tractor protection valve does not retain 45— 60 psi or manufacturer's recommended air pressure in the power unit. |
G. Parking and Emergency Brake Application. Vehicles with original equipment air-operated parking brakes are permissible. There are different systems designed for automatic or manual operation of the system as the design allows (check automatic application of brakes when air tanks are being drained).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Using park brake control valve, release air pressure from brakes. | (1) Push rods are extended and vehicle can be moved. |
| (2) Observe if mechanism releases brakes when control valve is operated. | (2) Brakes do not fully release. |
H. Gladhands and Air System.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect gladhands for condition and mounting. | (1) Gladhands are damaged, have damaged seals, or are insecurely mounted. |
| (2) Visually inspect lines and hoses for: (a) Type. (b) Condition. (c) Mounting. | (2) (a) Not an approved type. (b) Broken, cracked, chafed, abraded, or kinked. (c) Insecurely mounted or contacting the exhaust system or any moving part. |
| (3) Inspect air tanks for: (a) Presence and connection. (b) Condition. (c) Leaks. (d) Mounting. | (3) (a) Tank is missing or not connected. (b) Tank is cracked, damaged, or field repaired. (c) Tank or connections leak. (d) Tank, mounting brackets, or springs are missing, broken, cracked, or loose. |
| (4) Inspect drain cocks and moisture ejectors (if equipped) for: (a) Presence and condition. (b) Leaks. | (4) (a) Drain cock is missing, broken, damaged, or is inoperable. (b) Drain cock or moisture ejector leaks air. |
I. Brake Mechanical Components. Do not attempt to dismantle a double diaphragm spring brake unit while it is on the vehicle. Utilize a safety cage and remove the entire unit from the vehicle. Replace with a new or rebuilt assembly. When rebuilding or overhauling a brake chamber, strict adherence to manufacturer's procedures is required. Inspect brake chamber for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Function. | (1) Brake chamber fails to function as designed. |
| (2) Leaks. | (2) Brake chamber leaks or diaphragm is damaged. |
| (3) Damage. | (3) Brake chamber is damaged so as to affect operation. |
| (4) Mounting. | (4) Brake chamber or mounting hardware is broken, loose, damaged, or bolts are missing. |
| (5) Push rods. | (5) Push rod is broken, bent, or misaligned with slack adjuster. |
| (6) Clevis yokes. | (6) Clevis yoke is broken, cracked, or worn. |
| (7) Clevis pins. | (7) Clevis pin is missing, worn, or cotter pin is missing or an improper substitute is used. |
| (8) Push rod clevis pin hole setting. | (8) Except on front wheels, slack adjuster effective length is not the same on all wheels. |
| (9) Slack adjuster. | (9) Slack adjuster is inoperative, broken, bent, or extremely worn. |
| (10) Slack adjuster nut self-locking sleeve. | (10) Adjusting nut self-locking sleeve does not function. |
J. Slack Adjuster (Push Rod) Travel. With the assistance of a second party, make a treadle valve application at 85 psi in system and note rod travel.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) With brakes released, inspect angle of push rod and slack adjuster arm. | (1) Push rod and slack adjuster arm is less than 90 degrees when brakes are released. |
| (2) Measure push rod travel from fully released to fully applied positions. | (2) Push rod travel exceeds limits in Table 1. |
| (3) On steering axle, inspect for difference of travel between sides. | (3) Push rod travel on one side is not within 1/4 inch of other side. |
| TABLE 1 S-CAM BRAKES—PUSH ROD TRAVEL LIMITS (Dimensions in Inches) | | | |
| --- | --- | --- | --- |
| Type | Effective Area (Sq. In.) | Outside Diameter* (Inches) | Maximum Stroke (Inches) |
| BOLT TYPE BRAKE CHAMBER DATA | | | |
| A | 12 | 6 15/16 | 1 3/8 |
| B | 24 | 9 3/16 | 1 3/4 |
| C | 16 | 8 1/16 | 1 3/4 |
| D | 6 | 5 1/4 | 1 1/4 |
| E | 9 | 6 3/16 | 1 3/8 |
| F | 36 | 11 | 2 1/4 |
| G | 30 | 9 7/8 | 2 |
| ROTOCHAMBER DATA | | | |
| 9 | 9 | 4 9/32 | 1 1/2 |
| 12 | 12 | 4 13/16 | 1 1/2 |
| 16 | 16 | 5 13/32 | 2 |
| 20 | 20 | 5 15/16 | 2 |
| 24 | 24 | 6 13/32 | 2 |
| 30 | 30 | 7 1/16 | 2 1/4 |
| 36 | 36 | 7 5/8 | 2 3/4 |
| 50 | 50 | 8 7/8 | 3 |
| CLAMP TYPE BRAKE CHAMBER DATA | | | |
| 6 | 6 | 4 1/2 | 1 1/4 |
| 9 | 9 | 5 1/4 | 1 3/8 |
| 12 | 12 | 5 11/16 | 1 3/8 |
| 16 | 16 | 6 3/8 | 1 3/4 |
| 20 | 20 | 6 25/32 | 1 3/4 |
| 24 | 24 | 7 7/32 | 1 3/4** |
| 30 | 30 | 8 3/32 | 2 |
| 36 | 36 | 9 | 2 1/4 |
| *Dimensions listed do not include cap screw head projections for rotochambers and bolt clamp projections for clamp type brake chambers. **2 inches for long stroke design. | | | |
| BENDIX WESTINGHOUSE | | | |
| DD2 | | | 2 |
| DD3 | | | 2 |
K. Wedge Brake. With the assistance of a second party, make a full brake application.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Measure total shoe movement from fully released to fully applied position. | (1) Brake shoe movement on wedge brakes exceeds 1/16 inch. |
L. Brake Camshafts.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect operation of brakes. | (1) Brake camshaft condition renders any brake inoperable. |
| (2) Inspect travel of brake cams. | (2) Any cam is on end or turns over when brakes are applied. |
| (3) Inspect for camshaft and bushing wear. | (3) There is more than 1/8 inch wear between camshaft and bushings. |
M. Brake Linings—Air Brakes. Visually inspect brake shoes. If shoes cannot be seen, removal of the lower portion of the dust cover is required.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence and condition of lining. | (1) Any lining is missing, cracked, broken, or not securely attached to the brake shoe. |
| (2) Measure thickness at center of shoe. It may be necessary to back off slack adjusters to make an accurate measurement. | (2) Brake lining thickness is worn to 1/4 inch or less at center of shoe. |
| (3) Visually inspect for contamination. | (3) Lining is contaminated with oil or grease. |
N. Brake Drums Air Brakes.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect for damage and cracks. | (1) Any drum contains cracks in the friction surface which extend to the outer edge of the bore, or any drum contains any external cracks. |
| (2) Removal of any wheel and brake drum in only required when a rejection occurs under §N(1). When any wheel and brake drum is removed, perform the inspection specified in §N(3). | (2) (Rejection not applicable in this step) |
| (3) Measure inside diameter of drum for wear and remachining. | (3) Any combination of wear and remachining exceeds the brake drum manufacturer's limits. If a limit is not available, the maximum combination of wear and remachining may not exceed 0.090 inch greater than the original inside diameter of the drum if the original diameter of the drum is 11 inches or less. For drums greater than 11 inches inside diameter, the maximum wear and remachining may not exceed 0.120 inch greater than the original inside diameter. |
O. Disc Brakes—Air.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect all calipers and rotor (disc) surfaces for oil or grease contamination. | (1) Oil or grease is evident or visible on accessible surfaces of any caliper or rotor (disc). |
| (2) If brake linings are visible, visually inspect thickness of lining. | (2) Brake lining thickness appears to be 1/8 inch or less. |
| (3) If rotors (discs) are visible, visually inspect for cracks or damage. | (3) Any rotor is cracked or damaged. |
| (4) Removal of all wheels on an axle is only required when a rejection occurs under §O(2). Otherwise remove only the wheel where the defect is suspected. When wheels are removed, perform the inspections specified in §O(5)—(8). | (4) (Rejection not applicable in this step) |
| (5) Bonded Linings. (a) Measure thickness of lining thinnest point. (b) Inspect lining condition. | (5) (a) Thinnest point of remaining lining is 1/8 inch or less. (b) Bonded lining is broken, cracked, loose, missing, wear is extremely uneven, or lining is contaminated with oil, grease, or brake fluid. |
| (6) Riveted Lining. (a) Measure thickness of lining at thinnest point above rivet head. (b) Inspect lining condition. | (6) (a) Thinnest point of remaining lining above a rivet head is 1/8 inch or less. (b) Lining or rivet is broken, cracked, loose, missing, wear is extremely uneven, or lining is contaminated with oil, grease, or brake fluid. |
| (7) Calipers. Visually inspect for damage and cracks. | (7) Caliper is leaking, fails to operate, or piston is seized. |
| (8) Rotors (Discs). (a) Visually inspect for damage and cracks. (b) Measure thickness of rotor for wear and remachining. | (8) (a) Any rotor is broken, cracked into the hub, or friction surface cracks extend to the periphery of the rotor. (b) Any combination of wear and remachining reduces the thickness of the rotor to less than the minimum thickness established by the manufacturer or that stamped on the rotor. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.07** Tires. {#sec-11.22.02.07 omnilex-key=us-md-regs-official--title-11--11.22.02.07}
A. Tire Inspection—Steering Axle.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for tire wear. (a) Tires without tread wear indicators. (b) Tires with tread wear indicators. | (1) (a) Tire is worn so that less than 4/32 inch remains when measured in any two major grooves at three equally spaced intervals around circumference of a tire. (b) Tread wear indicator contacts the road in any two adjacent major grooves at three equally spaced intervals around circumference of a tire. |
| (2) Inspect for tread cuts, snags, or sidewall cracks. | (2) Tire has tread cuts, snags, or sidewall cracks in any direction and deep enough to expose cord fabric. |
| (3) Inspect for exposed cord fabric. | (3) Tire has any part of the breaker strip or casing ply exposed in the tread. |
| (4) Inspect for bumps, bulges, or knots. | (4) Tire has visible bump, bulge, or knot related to tread or sidewall separation. |
| (5) Inspect for patching. | (5) Tire has a boot, blowout patch, or other ply repair. |
| (6) Inspect for tire matching. | (6) Bias ply and radial ply tires are mixed on same axle, or tires on same axle are not equivalent to size recommended by tire or vehicle manufacturer. |
| (7) Inspect for restricted usage. | (7) Tire is labeled “Not for Highway Use” or other labeling which excludes use on a steering axle. |
| (8) Inspect for regrooved or recut tires. | (8) Tire is regrooved or recut and regrooving or recutting is not permitted by tire manufacturer. |
| (9) Inspect for proper mounting. | (9) Tire has tire flap protruding through valve stem slot in rim. |
| (10) Inspect valves and valve stems for leaks and mounting. | (10) Valve stem leaks, is damaged due to misalignment, or is positioned to interfere with checking tire air pressure. |
| (11) Inspect for wheel and tire mounting. | (11) Tire or wheel contacts vehicle chassis or body. |
| (12) Inspect for weight limit rating. | (12) Gross vehicle axle weight exceeds tire load rating, which includes under-inflated tires. |
B. Tire Inspection—Nonsteering Axle.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for tire wear. (a) Tires without tread indicators. (b) Tires with tread wear indicators. | (1) (a) Tire is worn so that less than 2/32 inch remains when measured in any two major grooves at three equally spaced intervals around circumference of a tire. (b) Tread wear indicator contacts the road in any two adjacent major grooves at three equally spaced intervals around circumference of a tire. |
| (2) Inspect for tread cuts, snags, or sidewall cracks. | (2) Tire has tread cuts, snags, or sidewall cracks in any direction and deep enough to expose cord fabric. |
| (3) Inspect for exposed cord fabric. | (3) Tire has any part of the breaker strip or casing ply exposed in tread. |
| (4) Inspect for bumps, bulges, or knots. | (4) Tire has visible bump, bulge, or knot related to tread or sidewall separation. |
| (5) Inspect for patching. | (5) Tire has a boot, blowout patch, or other temporary ply repair. |
| (6) Inspect for tire matching. | (6) Bias ply and radial ply tires are mixed on same axle, or tires on same axle are not equivalent to size recommended by tire or vehicle manufacturer. |
| (7) Inspect for restricted usage. | (7) Tire is labeled “Not for Highway Use” or other labeling which excludes use on a highway vehicle. |
| (8) Inspect for regrooved or recut tires. | (8) Tire is regrooved or recut and regrooving or recutting is not permitted by tire manufacturer. |
| (9) Inspect for proper mounting. | (9) Tire has tire flap protruding through valve stem slot in rim. |
| (10) Inspect valves and valve stems for leaks and mounting. | (10) Valve stem leaks, is damaged due to misalignment, or is positioned to interfere with checking tire air pressure. |
| (11) Inspect for wheel and tire mounting. | (11) Tire or wheel contacts vehicle chassis or body. |
| (12) Inspect for weight limit rating. | (12) Gross vehicle axle weight exceeds tire load rating, which includes under-inflated tires. |
| (13) Inspect spare tire storage (if equipped). | (13) A spare tire is not properly secured. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.08** Wheels, Rims, Lock Rings, Studs, and Nuts. {#sec-11.22.02.08 omnilex-key=us-md-regs-official--title-11--11.22.02.08}
A. Wheels. Visually inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Disc Wheels. (a) Inspect for condition of wheels. (b) Inspect stud holes. | (1) (a) Wheel is broken, cracked, bent, warped, welded, or loose. (b) Any stud hole is elongated. |
| (2) Cast Wheels. (a) Inspect for condition of wheels. (b) Inspect stud holes. | (2) (a) Wheel is broken, cracked, bent, scraped, welded, loose, or clamping area is worn. (b) Any stud hole is elongated. |
B. Rims. Visually inspect for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Wheel and rim matching. | (1) Wheel and rim are mismatched. |
| (2) Damage. | (2) Rim is broken, cracked, bent, warped, or loose. |
C. Lock Rings.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for butted lock rings. | (1) Locking ring end clearance is less than 1/8 inch. |
D. Studs, Nuts, and Clamps. Inspect for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence and tightness. | (1) Stud, nut, or clamp is missing or loose. |
| (2) Thread engagement. | (2) Threads are cross-threaded or improperly engaged. |
| (3) Condition. | (3) Stud, nut, or clamp is broken, cracked, bent, welded, or seized. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.09** Accelerator Pedal and Air Throttle. {#sec-11.22.02.09 omnilex-key=us-md-regs-official--title-11--11.22.02.09}
A. Inspect pedals for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Binding. | (1) Engine speed does not return to idle. |
| (2) Mounting. | (2) Pedals are not properly and securely mounted. |
| (3) Condition of linkage. | (3) Linkage is worn, damaged, or contains improper retaining components. |
| (4) Return springs. | (4) Return springs are missing, loose, or weak. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.10** Fuel Storage and Delivery System. {#sec-11.22.02.10 omnilex-key=us-md-regs-official--title-11--11.22.02.10}
A. Fuel Storage. Visually inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Tank. | (1) Tank is leaking, cracked, has broken welds, not an approved type or if mounted forward of steering axle and is wider than the vehicle. |
| (2) Tank mounting. | (2) Tank mounts are missing, cracked, loose, have loose bolts, or bolts are missing. |
| (3) Caps. | (3) Tank cap is missing or does not seal to prevent spillage. |
B. Fuel Delivery System. Visually inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Pump. | (1) Pump is disconnected or bypassed to provide a gravity fuel feed, pump is loose, leaking, or not securely mounted. |
| (2) Lines and connections. | (2) Lines or connections are leaking, crimped, restricted, improperly mounted, any line or connection is less than 1-1/2 inches from the exhaust system or moving vehicle or engine parts, or located inside the cab. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.11** Exhaust System. {#sec-11.22.02.11 omnilex-key=us-md-regs-official--title-11--11.22.02.11}
A. Visually inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Manifolds. | (1) Manifold is broken, cracked, or leaking. |
| (2) Muffler or mufflers. | (2) Muffler is missing or leaking. |
| (3) Exhaust pipe or pipes. | (3) Exhaust pipe is missing, leaking, or perforated. |
| (4) Exhaust turbo charger (if applicable). | (4) Exhaust turbo charger has an audible leak at seals. |
| (5) Heat shields (if applicable). | (5) Heat shields are missing, loose, or improperly mounted. |
| (6) Location. | (6) Any part of exhaust system is less than 1-1/2 inches from fuel system, brake system, or other nonshielded combustible material. |
| (7) Exhaust outlet. | (7) Exhaust outlet does not expel exhaust beyond perimeter of vehicle cab. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.12** Universal Joints and U-Clamps. {#sec-11.22.02.12 omnilex-key=us-md-regs-official--title-11--11.22.02.12}
A. Universal Joints. With spring brakes on and gear selector in neutral, place a small bar between the yoke and the U-joint and rotate the shaft back and forth.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect universal joints for looseness, missing or loose bolts, and proper phasing. | (1) There is free play in a universal joint, bolt is missing or loose, joints are not in proper phase. |
| (2) Visually inspect U-clamps. | (2) U-clamp is missing, loose, nut is missing or loose, or nut or bolt is not locked. |
| (3) Visually inspect steady bearing for wear and proper mounting. | (3) Steady bearing is loose or worn. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.13** Vehicle Frame, Body, and Sheet Metal. {#sec-11.22.02.13 omnilex-key=us-md-regs-official--title-11--11.22.02.13}
A. Frame.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect frame for damage, deterioration, and improper welding. | (1) Frame is cracked, broken, bent, rusted to substantially weaken the frame or frame is welded and not fishplated. |
B. Engine Mounting.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect engine mounts for looseness and damage. | (1) Engine mount or bolt is loose or damaged. |
C. Frame Cross Member.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect frame cross member for condition and attachment. | (1) Frame cross member or bolt is loose, missing, or damaged. |
D. Cab Mounts.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence and condition of cab mounts. | (1) Cab mount or bolt is missing, cracked, loose, or cab is not secured to the frame. |
E. Tilt Cab. Inspect for presence and condition of:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Latch. | (1) Latch is missing, broken, insecurely attached, or inoperable. |
| (2) Secondary latch. | (2) Secondary latch is missing, broken, insecurely attached, or inoperable. |
| (3) Hinges. | (3) Hinge is missing, broken, insecurely attached, or seized. |
F. Air Suspension Cab.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) With air pressure at normal operating pressure inspect air bags, mountings, and connections. | (1) Air bag or connection leaks, air bag is not inflated or properly mounted. |
G. Cab Floors and Floor Covering.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect cab floors for condition. | (1) Floor is rusted or weakened to a point it does not support occupant, or permits the entrance of engine exhaust gases into the cab. |
| (2) Inspect floor covering and grommets for presence and condition. | (2) Floor covering is damaged or worn where it is not waterproof at seams, presents a tripping hazard, or there is a missing or damaged grommet. |
H. Hood or Engine Cover.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence of hood or engine cover. | (1) Hood or engine cover is missing or engine cover does not seal. |
| (2) Inspect for presence and condition of latches. | (2) Latch is missing, broken, seized, or insecurely mounted. |
| (3) Visually inspect for presence and condition of safety cables. | (3) Safety cable or catch is missing, broken, or insecurely attached. |
| (4) Inspect secondary latches for presence and condition (if applicable). | (4) Secondary latch (if applicable) is missing, broken, or loose. |
| (5) Visually inspect for presence and condition of hinges. | (5) Hinge is missing, broken, loose, or seized. |
I. Doors, Handles, Latches, and Hinges.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect doors for presence, attachment, and operation. | (1) Door is missing, loose, or does not readily open or securely close. |
| (2) Inspect door handles for presence and operation. | (2) Door handle is missing or does not permit opening or closing of door or tailgate. |
| (3) Inspect door catches for presence, condition, and operation. | (3) Door catch is missing, damaged, loose, or worn, or does not operate on primary or secondary catches. |
| (4) Inspect hinges for presence and condition. | (4) Hinge is missing, broken, loose, or does not permit door to properly open or close. |
J. Cab Step and Grab Handles.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect cab step and grab handles for presence and condition. | (1) Cab step or grab handle is missing, loose, or damaged. |
K. Fenders and Rear Protector (Mud) Flaps. Rear protector flaps are not required on an uncoupled truck tractor, farm truck, farm truck tractor, pole trailer, or any vehicle when the construction is such that complete freedom around the wheel area is necessary to secure the designed use of the vehicle.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect fenders for presence and condition. | (1) Fender is missing, or contains sharp or jagged edges. |
| (2) Inspect rear protector flaps for presence, condition, size, and mounting when required. | (2) Rear protector flap is missing, loose, or does not extend the full width of tires, or the distance from flap to ground is more than 1/3 the distance from the protector flap to the center of the wheel. |
L. Sheet Metal.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect body sheet metal and moldings for tears, protruding or loose parts, and deterioration. | (1) Body parts and moldings have sharp or jagged edges, protrude to be hazardous, are loose, or body panel has a missing rivet or open seam. |
M. Bumpers.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect bumpers for presence, condition, and mounting. | (1) Bumper is missing when required, is broken, has sharp or jagged edges, or is not securely attached. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.14** Lighting. {#sec-11.22.02.14 omnilex-key=us-md-regs-official--title-11--11.22.02.14}
A. Headlamps. Inspect headlamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with at least one headlamp on each side or two headlamps on each side for four-lamp system, or are not as far apart as practical. |
| (2) Condition. | (2) Headlamp is damaged, broken, cracked, or not securely mounted. |
| (3) Function. | (3) Headlamp does not function on high and low beams, does not emit a white light or is not properly directed. |
B. Tail Lamps. Inspect tail lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with at least one tail lamp on each side to the rear, or are not mounted as far apart as practical. |
| (2) Condition. | (2) Tail lamp does not function, does not emit a red light, or is not visible to rear. |
C. Stop Lamps. Inspect stop lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) A 1968 or newer model year vehicle is not equipped with two red or amber stop lamps, or a 1967 or older model year vehicle is not equipped with at least one red or amber stop lamp. |
| (2) Condition. | (2) Stop lamp does not function, does not emit a red or amber light, or is not visible to rear. |
D. Turn Signal Lamps. Inspect turn signal lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with two amber to front and two red or amber to rear, mounted as far apart as practical. |
| (2) Condition. | (2) Turn signal lamp is damaged, broken, cracked, or not securely mounted. |
| (3) Function. | (3) Turn signal lamp does not function as designed, or does not flash between 60 and 120 cycles per minute, or is not visible to front and rear. |
E. Hazard Warning Lamps. Inspect hazard warning lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with hazard warning lamps emitting amber light to front, and red or amber light to rear. |
| (2) Condition. | (2) Hazard warning lamp is damaged, broken, cracked, or not securely mounted. |
| (3) Function. | (3) Hazard warning system does not function, or permit simultaneous operation of all turn signal lamps, or is not visible to front and rear. |
F. Side Marker Lamps. Side marker lamps may function as both side marker and clearance lamps. Inspect side marker lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) A truck is not equipped with two amber side marker lamps on front and two red side marker lamps on rear, or a truck tractor is not equipped with two amber side marker lamps on the front, mounted as high and as close to front and rear of vehicle as practical, or if vehicle is longer than 30 feet and is not equipped with an intermediate side marker lamp centrally located on the vehicle. |
| (2) Condition. | (2) Side marker lamp is damaged, broken, cracked, or not securely mounted. |
| (3) Function. | (3) Side marker lamp does not function or is not visible to the side. |
G. Clearance Lamps. Clearance lamps are not required on vehicles less than 80 inches in width or on rear of truck tractors. Inspect clearance lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) When required, vehicle is not equipped with at least two amber to the front and two red to the rear, mounted as far apart as practical. |
| (2) Condition. | (2) Clearance lamp is damaged, broken, cracked, or not securely mounted. |
| (3) Function. | (3) Clearance lamp does not function or is not visible to front or rear. |
H. Identification Lamps. Identification lamps are not required on vehicles less than 80 inches in width, or on rear of truck tractors. Inspect identification lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) When required, vehicle is not equipped with three amber identification lamps on the front and three red identification lamps on the rear. |
| (2) Condition. | (2) Identification lamp is damaged, broken, cracked, or not securely mounted. |
| (3) Function. | (3) Any identification lamp does not function or is not visible to the front and rear. |
I. License Plate Lamp or Lamps. Inspect license plate lamp or lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with lamp or lamps to illuminate license plate. |
| (2) Condition. | (2) License plate lamp is damaged, broken, cracked, or not securely mounted. |
| (3) Function. | (3) License plate lamp does not function, emit a white light, or illuminate license plate. |
J. Additional Lamps (if Equipped).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Fog Lamps. Inspect fog lamps for function and mounting. | (1) Equipped with more than two fog lamps on the front, fog lamps is not properly directed or not properly and securely mounted. |
| (2) Driving Lamps. Inspect driving lamps for function and mounting. | (2) Equipped with more than two driving lamps on the front of the vehicle driving lamp is not properly directed or properly and securely mounted. |
| (3) Back-up lamps. | (3) Back-up lamp functions in a forward gear, is not properly directed or properly and securely mounted. |
K. Instrument and Indicator Lamps. Inspect for presence and function of:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Instrument panel lamps. | (1) Instrument panel lamps fail to illuminate instruments or gauges. |
| (2) High beam indicator. | (2) High beam indicator fails to function. |
| (3) Turn signal indicator. | (3) Turn signal indicator fails to function or does not indicate proper turn. |
L. Reflectors.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Rear. Visually inspect for presence and condition of reflectors. | (1) Not equipped with two red reflectors on rear, mounted at the same height and as far apart as practical. |
| (2) Side Marker. Visually inspect for presence and condition of reflectors. | (2) A truck is not equipped with one amber reflector on each side at or near the front, one red reflector on each side at or near the rear, or if vehicle is more than 30 feet long and is not equipped with an intermediate amber reflector centrally located. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.15** Electrical System. {#sec-11.22.02.15 omnilex-key=us-md-regs-official--title-11--11.22.02.15}
A. Wiring. Visually inspect wiring for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Condition. | (1) Insulation is broken, cracked, chafed, or connections are corroded. |
| (2) Mounting. | (2) Wiring is loose to permit contact with exhaust system or moving parts. |
B. Battery. Visually inspect battery for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Mounting. | (1) Battery is loose, mounting is cracked, broken, weakened, or cover is missing. |
| (2) Condition. | (2) Terminal or lead is loose or severely corroded. |
C. Trailer Cord. Inspect trailer cord for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Insulation. | (1) Insulation is broken, cut, shortened, or chafed. |
| (2) Connectors. | (2) Connector end is broken, cut, cracked, or split. |
D. Switches.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Function. | (1) Any switch fails to function as designed. |
| (2) Condition. | (2) Any switch is damaged or loose. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.16** Emergency Equipment. {#sec-11.22.02.16 omnilex-key=us-md-regs-official--title-11--11.22.02.16}
A. Roadside Warning Devices. Each vehicle shall be equipped with three bidirectional emergency reflective triangles. Inspect bidirectional emergency reflective triangles for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with three bidirectional emergency reflective triangles. |
| (2) Condition. | (2) A bidirectional emergency reflective triangle is broken or damaged. |
B. Fire Extinguisher. Vehicles used to transport hazardous materials shall be equipped with a fire extinguisher with an Underwriters Laboratory rating of at least 10 BC. Vehicles used to transport nonhazardous materials shall be equipped with at least one fire extinguisher with an Underwriters Laboratory rating of at least 5 BC or two fire extinguishers with an Underwriters Laboratory rating of at least 4 BC. Inspect fire extinguisher for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Fire extinguisher is missing. |
| (2) Rating. | (2) Fire extinguisher is not of proper rating. |
| (3) Condition. | (3) Fire extinguisher is discharged, damaged, or inoperable. |
C. Fuses. Each vehicle using fused electric circuits shall be equipped with at least one spare fuse of each type and size of the fuses used in the vehicle.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence and type of fuses. | (1) Not equipped with at least one of each type fuse used in vehicle. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.17** Seats and Seat Belts. {#sec-11.22.02.17 omnilex-key=us-md-regs-official--title-11--11.22.02.17}
A. Seats. Visually inspect seat for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Condition. | (1) Seat frame is broken or seat is loose. |
| (2) Adjustment mechanism. | (2) Adjustment mechanism does not lock or permit seat adjustment. |
B. Seat Belts (Applicable to Vehicles Manufactured on and after January 1, 1965). Inspect seat belt for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Driver's seat or right front outboard seat is not equipped with a seat belt. |
| (2) Condition. | (2) Seat belt is cut, torn, damaged, insecurely mounted, or if vehicle is equipped with air ride seat and seat belts are attached to the seat without a secondary belt from the seat to the vehicle body. |
| (3) Function. | (3) Belt does not extend full length or retract if equipped with retractors or if latching system does not lock. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.18** Sun Visor. {#sec-11.22.02.18 omnilex-key=us-md-regs-official--title-11--11.22.02.18}
A. Visually inspect visor for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence on driver's side. | (1) Visor is missing on driver's side. |
| (2) Function. | (2) Visor cannot be maintained in a set position. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.19** Mirrors. {#sec-11.22.02.19 omnilex-key=us-md-regs-official--title-11--11.22.02.19}
A. Outside Mirrors. From driver's seat, inspect mirrors for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with a right and left outside mirror. |
| (2) Condition. | (2) Mirror is loose, cracked, or clouded to obscure vision. |
| (3) Function. | (3) Mirror does not provide a clear, unobstructed view. |
B. Inside Mirror (When Required). From driver's seat, inspect mirror for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with an inside mirror when required. |
| (2) Condition. | (2) Mirror is loose, cracked, or clouded to obscure vision. |
| (3) Function. | (3) Mirror does not provide a clear, unobstructed view. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.20** Glazing. {#sec-11.22.02.20 omnilex-key=us-md-regs-official--title-11--11.22.02.20}
A. Windshield. Visually inspect windshield for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Cracks on driver's side. | (1) Any crack is through one or more layers of glass or there are two or more cracks extending from an outer edge into the windshield wiper sweep. |
| (2) Cracks on passenger side. | (2) Windshield is cracked so as to restrict vision. |
| (3) Chips. | (3) Windshield wiper sweep contains nicks, pits, or chips greater than 1/2 inch diameter. |
| (4) Vision. | (4) Vision is obscured by clouding or other conditions. |
| (5) Tinting. | (5) Windshield contains any add-on tinting. |
| (6) Stickers. | (6) Windshield wiper sweep area contains any stickers. |
| (7) Type. | (7) Windshield is not AS-1 or AS-10 laminated safety glazing. |
| (8) Presence. | (8) Any part of windshield is missing. |
B. Side Windows. Inspect for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Operation. | (1) Window on driver's side does not open or close. |
| (2) Cracks. | (2) Any window contains a sharp or jagged edge, or is cracked so as to restrict vision. |
| (3) Obstructions. | (3) Any window is obstructed to restrict vision. |
| (4) Tinting. | (4) Any window to the immediate right or left of the driver contains add-on tinting. |
| (5) Type. | (5) Any window is not AS-1, AS-2, AS-10 or AS-11 safety glazing. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.21** Windshield Wipers and Washers. {#sec-11.22.02.21 omnilex-key=us-md-regs-official--title-11--11.22.02.21}
A. Windshield Wipers. Inspect windshield wipers for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Operation. | (1) Wipers fail to operate, blades do not contact windshield, or wipers do not return to park position when turned off. |
| (2) Condition of blades. | (2) Wiping portion of blade is missing, torn, or hardened, or does not wipe 75 percent of original sweep area. |
| (3) Condition of arms. | (3) Wiper arm is missing, bent, or distorted. |
B. Windshield Washers (if Equipped).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect washer system for operation. | (1) Washer system does not deliver fluid to the windshield. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.22** Defroster. {#sec-11.22.02.22 omnilex-key=us-md-regs-official--title-11--11.22.02.22}
A. Defroster.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect fan operation. | (1) Fan fails to operate. |
| (2) Inspect air flow and direction of air flow. | (2) Air flow is insufficient, obstructed, or improperly directed. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.23** Automatic Transmission Gear Selector/Neutral Safety Switch. {#sec-11.22.02.23 omnilex-key=us-md-regs-official--title-11--11.22.02.23}
A. Gear Selector.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) With engine running and parking brake set, place transmission selector in Park (P), Reverse (R),Neutral (N), Drive (D), and Low (L). | (1) Gear selector does not indicate proper gear. |
B. Neutral Safety Switch.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) With engine turned off and parking brake set, place gear selector in each gear position and determine when starter will engage. | (1) Starter will engage when gear selector is in any position except P or N. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.24** Speedometer and Odometer. {#sec-11.22.02.24 omnilex-key=us-md-regs-official--title-11--11.22.02.24}
A. Speedometer.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence and operation. | (1) Speedometer does not function or is missing. |
B. Odometer/hubometer.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence and condition. | (1) Odometer or hubometer is missing or fails to operate. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.25** Brake and Clutch Pedal. {#sec-11.22.02.25 omnilex-key=us-md-regs-official--title-11--11.22.02.25}
A. Brake Pedal. Inspect brake pedal for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Operation. | (1) Brake pedal does not return when released or is binding or misaligned. |
| (2) Condition. | (2) Brake pedal or air treadle is loose or foot surface or pedal pad, if applicable, is missing or worn smooth. |
B. Clutch Pedal. Inspect clutch pedal for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Operation. | (1) Clutch pedal does not return when released or is binding or misaligned. |
| (2) Condition. | (2) Clutch pedal is loose or foot surface or pedal pad, if applicable, is missing or worn smooth. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.26** Horn. {#sec-11.22.02.26 omnilex-key=us-md-regs-official--title-11--11.22.02.26}
A. Inspect for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Horn is missing. |
| (2) Operation. | (2) Horn fails to function. |
| (3) Accessibility. | (3) Means of activating horn is not readily accessible to the driver. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.27** Hitches and Coupling Devices. {#sec-11.22.02.27 omnilex-key=us-md-regs-official--title-11--11.22.02.27}
A. Fifth Wheel Coupling. Inspect for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Mounting. | (1) Fifth wheel is not securely attached to the vehicle frame. |
| (2) Stops. | (2) Stop is missing or broken. |
| (3) Slider. | (3) Slider is cracked, broken, does not lock, or has more than 1/4 inch movement. |
| (4) Air release. | (4) Air release does not freely lock and release. |
| (5) Jaw and latch. | (5) Jaw or latch is broken, cracked, or has more than 1/4 inch movement. |
| (6) Supporting surface. | (6) Supporting surface is broken, cracked, or does not have lubrication grooves. |
| (7) Contamination and lubrication. | (7) Coupling areas are contaminated with gravel, sand, or dirt, or coupling areas are not properly lubricated. |
| (8) Air slide. | (8) Latch fails to hold when air is depleted or chambers, lines, or connections leak air pressure. |
| (9) Saddle bushings. Place a bar between vehicle frame and the fifth wheel and pry. | (9) Movement in steel bushings exceeds 3/8 inch or, in rubber bushings, the movement could result in the fifth wheel separating from the vehicle frame. |
B. No-Slack Hitch. Apply air pressure to no-slack hitch before inspecting.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect cushion for movement and adjustment. | (1) Cushion does not move or is out of adjustment. |
| (2) Inspect for air leaks. | (2) There is an air leak at the chamber, a line, or connection. |
C. Trailer Hitches. Inspect hitch for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Mounting. | (1) Hitch is not securely attached. |
| (2) Condition. | (2) Any part is missing, bent, seized, or worn to a point where the hitch or components may separate. |
| (3) Latch. | (3) Latch fails to close and latch. |
| (4) Repairs. | (4) A cast or forged hitch has been welded. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.02.28** Tanks and Pressure Vessels. {#sec-11.22.02.28 omnilex-key=us-md-regs-official--title-11--11.22.02.28}
A. Tanks. Inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Tank. | (1) Tank leaks, is cracked, or has broken welds. |
| (2) Valves. | (2) Any valve leaks, is loose, cap is missing, or emergency shutoff valve is inoperable. |
| (3) Hose or auxiliary. | (3) Any hose or auxiliary attachment is loose or improperly mounted. |
| (4) Hatches. | (4) Any hatch is missing, loose, not securely attached, or latch is inoperable. |
| (5) Hatch hinges. | (5) Any hinge is missing, broken, seized, or otherwise inoperable. |
| (6) Signs and placards. | (6) Sign or placard is missing, not the required type, or is not legible. |
B. Pressure Vessels. Inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Tanks. | (1) Tank leaks, is cracked, or contains a cracked or broken weld. |
| (2) Valves. | (2) Any valve leaks, is loose, cap is missing, or emergency shutoff valve is inoperable. |
| (3) Hoses. | (3) Any hose or auxiliary attachment is loose or improperly mounted. |
| (4) Signs and placards. | (4) Sign or placard is missing, not the required type, or is not legible. |
| (5) Metal certification plate. | (5) Metal certification plate is missing, illegible, or out of date. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective May 20, 1996 (23:10 Md. R. 732)*
- *Authority: Transportation Article, §§ 12-104(b) and 23-303, Annotated Code of Maryland*
## **11.22.03** Preventive Maintenance Standards for Multipurpose Passenger Vehicles and Passenger Buses
##### **COMAR 11.22.03.01** Applicability. {#sec-11.22.03.01 omnilex-key=us-md-regs-official--title-11--11.22.03.01}
The standards, requirements, and procedures set forth in this chapter are applicable to equipment originally installed by the manufacturer or required by federal or State law or regulation on any vehicle registered as a Class M (multipurpose) passenger vehicle which has a seating capacity for 16 or more passengers including the driver or was previously registered as a Class H (school) vehicle or a Class P (passenger bus) vehicle, and which is used primarily to transport passengers, under the provisions of Transportation Article, Title 13, Annotated Code of Maryland, or any bus designed and used to carry more than 10 people owned by this State or any political subdivision of this State. Compliance with these minimum requirements may not be sufficient for the equipment to remain in compliance for 12 months or 25,000 miles, whichever occurs first. Therefore, more frequent maintenance, service, and repair as deemed necessary by the owner is permitted and recommended.
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.02** Alignment. {#sec-11.22.03.02 omnilex-key=us-md-regs-official--title-11--11.22.03.02}
A. Axles, beams, spindles, or mountings which are broken, damaged, worn, rusted, bent, or modified may affect wheel alignment, tracking, or vehicle handling or stability.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect axles, beams, spindles, and mountings for broken, damaged, worn, rusted, bent, or modified conditions. | (1) Any axle, beam, spindle, or mounting is broken, worn, damaged, rusted, bent, or modified and affects vehicle handling, stability, tracking, or alignment. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.03** Suspension. {#sec-11.22.03.03 omnilex-key=us-md-regs-official--title-11--11.22.03.03}
A. Spring and Attachments. Unequal vehicle height, broken or damaged spring leaves, spring shackles, bushings, center bolts, U-bolts, control arms, torque arms, torsion bars, or equalizers can affect vehicle steering, alignment, tracking, handling, and stability. With vehicle on a level surface, inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Vehicle height. | (1) Uneven vehicle height permits tire or wheel contact with body or suspension parts. |
| (2) Springs. | (2) A spring leaf is broken, damaged, or missing. |
| (3) Spring shackles. | (3) Spring shackle is broken, loose, cracked, worn, or damaged. |
| (4) Bushings. | (4) Bushings are loose or missing. |
| (5) Center bolts. | (5) Spring center bolt is broken or missing. |
| (6) U-bolts. | (6) A U-bolt is broken, loose, or missing. |
| (7) Control arms. | (7) A control arm is bent, missing, or has a welded repair. |
| (8) Torque arms. | (8) A torque arm is bent, missing, or has a welded repair. |
| (9) Torsion bars. | (9) Torsion bar is loose, broken, or damaged. |
| (10) Equalizers. | (10) An equalizer is cracked, broken, or has a welded repair. |
B. Torsion Bar. All other suspension components shall be inspected the same as leaf spring suspension.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Apply brakes, with engine running and transmission in gear. Slowly engage clutch and apply torque to drive wheels. Observe play in front mounting. | (1) Play exceeds 1/8 inch. |
| (2) Place pry bar between frame and torsion bar. Observe play in rear mounting, bushing, and pin. | (2) Play exceeds 1/8 inch. |
C. Coil Springs and Mountings. Visually inspect coil springs, control arms, rear torque arms, axle strut (when equipped), and front and rear stabilizer bar (when equipped).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Coil springs. | (1) Spring is broken or sagging and lowers a corner of the vehicle more than 2 inches. |
| (2) Control arms. | (2) Control arm is bent, cracked, has a welded repair, or bushings are loose. |
| (3) Torque arms (if equipped). | (3) Torque arm is missing, bent, cracked, loose, or has a welded repair. |
| (4) Axle struts (if equipped). | (4) Axle strut is missing, bent, cracked, has a welded repair, or bushings are loose. |
| (5) Radius arms (if equipped). | (5) Radius arm is missing, bent, cracked, has a welded repair, or bushings are loose. |
| (6) Stabilizer bars (if equipped). | (6) Stabilizer bar is missing, disconnected, broken, loose, damaged, or has a welded repair. |
D. Rubber Load Cushions. All other suspension components shall be inspected the same as leaf spring suspension.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Apply brakes, with engine running and transmission in gear, release clutch slowly to take up the slack, and inspect all attachments. | (1) Any mounting or attachment play exceeds 1/8 inch. |
| (2) Inspect all rubber pads and blocks. | (2) Rubber block is missing or rubber pad is split. |
E. Tandem Axle Walking Beams.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect rubber insert in bushings. | (1) Rubber is dispersed from bushing resulting in visible movement between the bushing, insert or mounting bolts or pins. Compression of the rubber insert during vehicle movement is not cause for rejection. |
F. Air Suspension (All Axles). Two procedures are required to inspect air suspension systems.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Apply air pressure and observe air pressure in braking system when suspension begins to lift vehicle. | (1) Suspension begins to lift vehicle before air pressure in the braking system reaches 55 psi. |
| (2) With normal air pressure in system, inspect: (a) Bushings. (b) Pivots. (c) Lines. (d) Air bags. (e) Shock absorbers, if equipped. (f) Air supply. (g) Suspension height. | (2) (a) Any bushing is loose. (b) A pivot is loose or worn. (c) Any line is cracked, broken, crushed, or leaks. (d) Air bag is cut, has an air leak, vehicle body and chassis is unsupported, and axle or body or chassis leans to one side. (e) Shock absorber is missing, broken, or disconnected. (f) Air supply is connected to main line or wet reservoir, or pressure protection valve is missing. (g) Suspension height does not meet manufacturer's specification. |
G. Air Suspension Nondriving Rear Axle. Inspection is conducted with normal air pressure in suspension system.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Operate lift control and observe response of retractable axle. | (1) Axle does not respond to lift control switch on valve. |
| (2) Inspect for air leaks with retractable axle in both up and down position, and inspect for air pressure loss in one-way valves. | (2) Air leak is evident when axle is in up or down position or there is air pressure loss at tag suspension. |
H. Shock Absorbers (if Equipped). Shock absorber inspection includes leakage, mounting, and all related attachments. When originally equipped with shock absorbers, inspect for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Shock absorber is missing when originally equipped. |
| (2) Proper mounting. | (2) Shock absorber is not properly and adequately mounted. |
| (3) Leakage. | (3) There is visible leakage. Slight dampness is not cause for rejection. |
| (4) Condition of bushings. | (4) Any bushing is loose or missing. |
I. Road Clearance.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect for any suspension, frame, or body parts extending below the bottom edge of wheel rims. | (1) Any part extends below the lowest point of any wheel rim. |
J. Kingpins. Raise or jack the vehicle by the frame or suspension. Brakes should be applied to eliminate wheel bearing play.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Grasp wheel and tire assembly at top and bottom and rock in and out. Observe movement at top or bottom of tire. | (1) Movement exceeds the following: Wheel size 16 inches or less — 1/4 inch. 17-18 inches — 3/8 inch. More than 18 inches — 1/2 inch. |
| (2) Place a bar under the tire and move tire and wheel assembly up and down. Observe movement between spindle support and axle. | (2) Vertical movement exceeds 3/32 inch. |
K. Ball Joints. Inspect ball joints for vertical and horizontal movement, modifications, and damage.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect ball joints for modifications or conditions which disguise wear. | (1) Ball joints are injected with plastic or modified in any way that disguises wear. |
| (2) Raise vehicle to unload ball joints and measure vertical and horizontal movement. | (2) Horizontal or vertical movement exceeds manufacturer's specifications. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.04** Steering. {#sec-11.22.03.04 omnilex-key=us-md-regs-official--title-11--11.22.03.04}
A. Lash. Inspection of vehicles equipped with power steering shall be conducted with the engine running, power steering fluid at the proper level, and belts in proper condition and tension.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) With front wheels in straight ahead position, turn steering wheel observed until turning motion can be observed at the front wheels. Mark rim of steering wheel and, using a pointer, turn the steering wheel in the opposite direction until motion can be observed at front wheels. Measure distance between mark and pointer. | (1) Measurement at rim of steering wheel exceeds the following: Wheel diameter less than 21 inches —3 inches; 21 inches or greater — 3.5 inches. |
B. Front Wheel Bearings. With front wheels raised, grasp wheel and tire assembly at top and bottom and rock wheel in and out. Wheel bearing movement is determined by movement of brake drum and backing plate or brake disc and shields. Do not confuse suspension or ball joint play with wheel bearing play.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) With front wheels raised, rock top and bottom of tire and wheel assembly. Observe wheel bearing play. | (1) Wheel bearing play measured at sidewall of tire exceeds 1/8 inch. |
C. Steering Travel. Turn steering wheel through full right and full left cycle. The vehicle may be slowly moved or the steering wheels raised to ease inspection. Inspect for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Binding. | (1) There is binding in a cycle. |
| (2) Jamming. | (2) There is jamming in a cycle. |
| (3) Travel left and right. | (3) Travel from center to full right and center to full left is not within plus or minus 1/2 revolution. |
| (4) Tire clearance when stops are contacted. | (4) There is less than 1 inch clearance between tire and body or chassis when stops are contacted. |
| (5) Steering wheel conditions. | (5) Steering wheel is damaged or is not the original or equivalent. |
D. Steering Linkage. Move steering wheel left and right and observe movement in steering components. If the vehicle is equipped with power steering, run the engine. Visually inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Tie rods. | (1) Bent or welded. |
| (2) Tie rod ends. | (2) Loose, worn, bent, welded, or modified to disguise wear. |
| (3) Drag link. | (3) Loose, worn, heated, or welded, unless the parts manufacturer requires welding. |
| (4) Pitman arm. | (4) Loose, insecurely mounted, or bolts are loose or missing. |
| (5) Steering box. | (5) Loose, insecurely mounted, or bolts are loose or missing. |
| (6) Lock nuts. | (6) Missing or are not proper type or size. |
| (7) Cotter pins. | (7) Loose or improperly attached. |
E. Power Steering System. Manually and visually inspect entire system for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Fluid level. | (1) Less than recommended level. |
| (2) Belts. | (2) Missing, loose, frayed, cracked, or incorrect type. |
| (3) Hoses. | (3) Missing, cracked, leaking, rubbing moving parts, or is improper type. |
| (4) Pump. | (4) Missing, not functioning, loose, or leaking. |
| (5) Cylinder (If applicable). | (5) Missing, not functioning, loose, or leaking. |
| (6) Assist function. | (6) No assist when steering wheel is turned. |
| (7) Steering box. | (7) Loose or leaking. |
F. Collapsible Steering Column (if applicable). Inspect for condition and mounting.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Grasp steering wheel or column and attempt to move horizontally and vertically. | (1) Steering column moves more than 1/4 inch either horizontally or vertically. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.05** Brake Systems—Hydraulic and Vacuum. {#sec-11.22.03.05 omnilex-key=us-md-regs-official--title-11--11.22.03.05}
A. Parking Brakes.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Apply parking brake using driver's manual control. | (1) Application of parking brake fails to hold the vehicle stationary. |
| (2) Application. | (2) Parking brakes do not fully apply and release when driver's control operated. |
| (3) Control accessibility. | (3) Parking brake control cannot be reached from driver's seat. |
| (4) Holding power. | (4) Operating mechanism fails to hold brakes in applied position without manual effort. |
| (5) Mechanical components. | (5) Any component is seized, missing, incorrectly installed, loose, broken, or worn to such extent as to restrict the effectiveness. |
B. Brake Lines and Hoses. Visually inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Lines and hoses. | (1) Any line is cracked, chafed, flattened, insecurely mounted, restricted, any repairs other than steel tubing (tubing connections shall be double flared), leaking, or welded. |
| (2) Master cylinder. | (2) Master cylinder leaks, is loose, or fluid level below 1/2 inch of top. |
| (3) Cap. | (3) Cap is missing, vent holes are plugged, or gasket missing or damaged. |
C. Brake Failure Indicators. Visually inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Warning indicator. | (1) Lamp fails to operate when ignition switch is in start position, or lamp operates continuously. |
| (2) Pressure differential switch. | (2) Lamp comes on with engine running and brake pedal depressed as hard as possible. |
D. Brake Pedal Reserve and Leakage Test. Without pumping or repeated brake pedal applications, apply a moderate foot force to pedal and maintain for 1 minute. Inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Leakage. | (1) Pedal moves slowly in applied direction. |
| (2) Travel. | (2) Depressed height is more than 75 percent of total possible travel or does not meet manufacturer's specifications. |
| (3) Pedal pad. | (3) Pedal pad is loose, broken, or missing (if fitted by manufacturer). |
E. Hydraulic System with Hydraulic Assist. Vehicles equipped with an electrically driven hydraulic pump that functions in the event of a power steering failure may be checked by applying pressure on the brake pedal and turn the ignition switch from “off” to “on” position.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Apply moderate pressure to brake pedal and turn ignition switch on and off. | (1) No assist in service brakes is detected. |
| (2) Visually inspect brake warning indicator (if applicable). | (2) Brake warning indicator fails to function when assist pump is not operating. |
F. Vacuum System.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect lines, hoses, clamps, and connections. | (1) There are any missing, broken, collapsed, chafed lines, hoses, clamps, or connections. |
| (2) Visually inspect vacuum tank. | (2) Tank is leaking, loose, or damaged. |
| (3) Clamps. | (3) Any clamp is loose, missing, or broken. |
G. Power Brake Operation.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) With engine off, deplete all vacuum from system. Apply moderate pressure to brake pedal and start engine. | (1) Brake pedal does not move downward when engine is started. |
| (2) Visually inspect brake booster. | (2) Booster is loose or damaged. |
H. Vacuum Reserve.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Start engine and build full vacuum. Shut off engine and make one brake application. | (1) Reserve is insufficient to make one full brake application. |
| (2) Inspect operation of low vacuum indicator. | (2) Indicator fails to operate when system is reduced to 8 inches Hg vacuum. |
I. Vacuum Pump (if Applicable).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) If the system is not equipped with a vacuum gauge, attach a gauge between the pump and reservoir and operate the pump. If the system also uses engine vacuum, disconnect and plug engine vacuum source. | (1) Vacuum pump is not capable of maintaining 18 inches Hg vacuum. |
J. Drum Brakes—Hydraulic.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Apply a moderate force to the brake pedal for 1 minute. Then check all brake drum and backing plate exterior edges for evidence of brake fluid, oil, or grease leakage. | (1) Brake fluid, oil, or grease is evident at exterior edge of any backing plate or brake drum. |
| (2) If the backing plate or brake drum has inspection holes, visually inspect thickness of brake lining. | (2) The brake lining thickness appears to be 1/16 inch or less. |
| (3) Visually inspect exterior surfaces of backing plates for damage. | (3) Any backing plate is bent or damaged. |
| (4) Visually inspect brake drums for cracks. | (4) Any brake drum is cracked. |
| (5) Removal of all wheels and brake drums on an axle is only required when a rejection occurs under §J(2). Otherwise only remove the wheel and brake drum for the wheel where the defect is suspected. When wheels and brake drums are removed, perform the inspections specified in §J(6)—(10). | (5) (Rejection not applicable in this step) |
| (6) Bonded Lining. (a) Measure thickness of lining at thinnest point. (b) Inspect lining condition. | (6) (a) Thinnest point of remaining bonded lining is 1/16 inch or less. (b) Bonded lining is broken, cracked, loose, missing, wear is extremely uneven, or lining is contaminated with oil, grease, or brake fluid. |
| (7) Riveted Lining. (a) Measure thickness of lining at thinnest point above rivet head. (b) Inspect lining condition. | (7) (a) Thinnest point of remaining lining above a rivet head is 1/16 inch or less. (b) Lining or rivet is broken, cracked, loose, missing, wear is extremely uneven, or lining is contaminated with oil, grease, or brake fluid. |
| (8) Mechanical Components. (a) Visually inspect self-adjusters. (b) Visually inspect self-adjuster cables or mechanisms. (c) Anchor pins and hold-down springs. (d) Visually inspect backing plate. | (8) (a) Self-adjuster is missing, seized, inoperable, not for proper side of vehicle, or extremely worn. (b) Cable or mechanism is missing, broken, loose, or inoperable. (c) Any pin or spring is missing, broken, loose, or extremely worn. (d) Backing plate is worn, bent, or damaged to prevent free movement of brake shoes. |
| (9) Wheel Cylinders. (a) Inspect for operation. (b) Inspect for leaks. (c) Inspect dust seals. | (9) (a) Any wheel cylinder fails to operate. (b) Any cylinder leaks. (c) Any dust seal is missing, damaged, or deteriorated. |
| (10) Brake Drums. (a) Visually inspect for damage and cracks. (b) Measure inside diameter of drum for wear and remachining. | (10) (a) Any drum contains cracks in the friction surface which extend to the outer edge of the bore, or any drum contains any external cracks. (b) Any combination of wear and remachining exceeds the brake drum manufacturer's limits. If a limit is not available, the maximum combination of wear and remachining may not exceed 0.090 inch greater than the original inside diameter of the drum if the original diameter of the drum is 11 inches or less. For drums greater than 11 inches inside diameter, the maximum wear and remachining may not exceed 0.120 inch greater than the original inside diameter. |
K. Disc Brakes—Hydraulic.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Apply a moderate force to the brake pedal for 1 minute. Then check all calipers and rotor (disc) surfaces for evidence of brake fluid oil, or grease leakage. | (1) Brake fluid, oil, or grease is evident or visible on accessible surfaces of any caliper or rotor (disc). |
| (2) If brake linings are visible, visually inspect thickness of lining. | (2) Brake lining thickness appears to be 1/16 inch or less. |
| (3) If rotors (discs) are visible, visually inspect for cracks or damage. | (3) Any rotor (disc) is cracked or damaged. |
| (4) Removal of all wheels on an axle is only required when a rejection occurs under §K(2). Otherwise remove only the wheel where the defect is suspected. When wheels are removed, perform the inspections specified in §K(5)—(8). | (4) (Rejection not applicable in this step) |
| (5) Bonded Linings. (a) Measure thickness of lining at thinnest point. (b) Inspect lining condition. | (5) (a) Thinnest point of remaining lining is 1/16 inch or less. (b) Bonded lining is broken, cracked, loose, missing, wear is extremely uneven, or lining is contaminated with oil, grease, or brake fluid. |
| (6) Riveted Lining. (a) Measure thickness of lining at thinnest point above rivet head. (b) Inspect lining condition. | (6) (a) Thinnest point of remaining lining above a rivet head is 1/16 inch or less. (b) Lining or rivet is broken, cracked, loose, missing, wear is extremely uneven, or lining is contaminated with oil, grease, or brake fluid. |
| (7) Calipers. Visually inspect leaks, operation, and anti-vibration components. | (7) Caliper is leaking, fails to operate, or piston is seized. |
| (8) Rotors (Discs). (a) Visually inspect for damage and cracks. (b) Measure thickness of rotor for wear and remachining. | (8) (a) Any rotor is broken, cracked into the hub, or friction surface cracks extend to the periphery of the rotor. (b) Any combination of wear and remachining reduces the thickness of the rotor to less than the minimum thickness established by the manufacturer or that stamped on the rotor. |
L. Brake Lines and Hoses—Hydraulic.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect lines and hoses for condition, mounting, restrictions, and proper material and repair. | (1) Any line or hose is leaking, cracked, chafed, flattened, restricted, welded, insecurely mounted, replaced with other than steel tubing, or connections are connections are not double flared. |
M. Master Cylinder. Visually inspect master cylinder for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Fluid level. | (1) Any reservoir fluid level is more than 1/2 inch below top of reservoir. |
| (2) Leaks. | (2) There is evidence of a fluid leak. |
| (3) Damage. | (3) There is evidence of damage. |
| (4) Mounting. | (4) Master cylinder is not securely mounted. |
| (5) Cap. | (5) Cap is missing, has plugged vents, or gasket is missing or damaged. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.06** Brake System — Air. {#sec-11.22.03.06 omnilex-key=us-md-regs-official--title-11--11.22.03.06}
A. Low Air Indicator.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Operation. | (1) Indicator fails to operate or fails to function when air pressure reserve is reduced to 60 psi. |
B. Compressor and Belt or Belts.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect compressor for condition and mounting. | (1) Compressor is damaged, loose, or mounts are loose, cracked, or bolts are missing. |
| (2) Inspect belts for presence, condition, and tension. | (2) Belt is missing, broken, cracked, deteriorated, or loose. |
C. Compressor Operation. Air pressure shall be reduced to 50 psi and the engine started and operated at approximately 1200 rpm.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) With air pressure reduced to 50 psi, observe time to build pressure to 90 psi. | (1) Time required to build air pressure from 50 psi to 90 psi exceeds 3 minutes. |
| (2) Governor. (a) Cut-Out Pressure. With engine running at approximately 1200 rpm, observe compressor cut-out pressure. (b) Cut-In Pressure. With engine idling, deplete air pressure and observe compressor cut-in pressure. | (2) (a) Cut-out pressure is greater than 135 psi. (b) Cut-in pressure is less than 80 psi. |
D. Air Leakage. Inspection for leakage shall be conducted with a fully charged system and brakes fully applied.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Single Vehicle. With a fully charged system, stop engine and observe pressure drop in 1 minute. | (1) Air pressure drop is greater than 3 psi in 1 minute. |
| (2) Combination of Vehicles. With a fully charged system, stop engine and observe pressure drop in 1 minute. | (2) Air pressure drop is greater than 4 psi in 1 minute. |
E. Air Reserve.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Drop in Reservoir Pressure. With a fully charged system and engine off, make one full brake application. | (1) Air pressure reservoir pressure is reduced by 30 percent or more on one full brake application. |
F. Air Reservoir and Valves.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Air Reservoir. With system fully charged, open primary (wet) tank drain valve and observe operation of check valve. Then open drain valve on secondary (dry) tank. | (1) Check valve does not close and air is retained in the secondary (dry) tank or tanks. |
| (2) Contamination. Observe any oil or water expelled from all tanks. | (2) Any deposits of oil or water cannot be expelled. |
| (3) Quick Release Valves. Make full brake application and release brakes. | (3) Air is not quickly exhausted through exhaust port when brakes are released. |
| (4) Relay Valves. Apply and release brakes and observe function of proper brake chambers. | (4) Air is not directed to proper brake chamber when brakes are applied or air is not quickly exhausted when brakes are released. |
G. Parking and Emergency Brake Application. Vehicles with original equipment air-operated parking brakes are permissible. There are different systems designed for automatic or manual operation of the system as the design allows (check automatic application of brakes when air tanks are being drained).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Using park brake control valve, release air pressure from brakes. | (1) Push rods are extended and vehicle can be moved. |
| (2) Observe if mechanism releases brakes when control valve is operated. | (2) Brakes do not fully release. |
H. Air System.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect gladhands for condition and mounting. | (1) Gladhands are damaged, have damaged seals, or are insecurely mounted. |
| (2) Visually inspect lines and hoses for: (a) Type. (b) Condition. (c) Mounting. | (2) (a) Not an approved type. (b) Broken, cracked, chafed, abraded, or kinked. (c) Insecurely mounted or contacting the exhaust system or any moving part. |
| (3) Inspect air tanks for: (a) Presence and connection. (b) Condition. (c) Leaks. (d) Mounting. | (3) (a) Tank is missing or not connected. (b) Tank is cracked, damaged, or field repaired. (c) Tank or connections leak. (d) Tank, mounting brackets, or springs are missing, broken, cracked, or loose. |
| (4) Inspect drain cocks and moisture ejectors (if equipped) for: (a) Presence and condition. (b) Leaks. | (4) (a) Drain cock is missing, broken, damaged, or is inoperable. (b) Drain cock or moisture ejector leaks air. |
I. Brake Mechanical Components. Do not attempt to dismantle a double diaphragm spring brake unit while it is on the vehicle. Utilize a safety cage and remove the entire unit from the vehicle. Replace with a new or rebuilt assembly. When rebuilding or overhauling a brake chamber, strict adherence to manufacturer's procedures is required. Inspect brake chamber for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Function. | (1) Brake chamber fails to function as designed. |
| (2) Leaks. | (2) Brake chamber leaks or diaphragm is damaged. |
| (3) Damage. | (3) Brake chamber is damaged so as to affect operation. |
| (4) Mounting. | (4) Brake chamber or mounting hardware is broken, loose, damaged, or bolts are missing. |
| (5) Push rods. | (5) Push rod is broken, bent, or misaligned with slack adjuster. |
| (6) Clevis yokes. | (6) Clevis yoke is broken, cracked, or worn. |
| (7) Clevis pins. | (7) Clevis pin is missing, worn, or cotter pin is missing or an improper substitute is used. |
| (8) Push rod clevis pin hole setting. | (8) Except on front wheels, slack adjuster effective length is not the same on all wheels. |
| (9) Slack adjuster. | (9) Slack adjuster is inoperative, broken, bent, or extremely worn. |
| (10) Slack adjuster nut self-locking sleeve. | (10) Adjusting nut self-locking sleeve does not function. |
J. Slack Adjuster (Push Rod) Travel. With the assistance of a second party, make a treadle valve application at 85 psi in system and note rod travel.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) With brakes released, inspect angle of push rod and slack adjuster arm. | (1) Push rod and slack adjuster arm is less than 90 degrees when brakes are released. |
| (2) Measure push rod travel from fully released to fully applied positions. | (2) Push rod travel exceeds limits in Table 1. |
| (3) On steering axle, inspect for difference of travel between sides. | (3) Push rod travel on one side is not within 1/4 inch of other side. |
| TABLE 1 | | | |
| --- | --- | --- | --- |
| S-CAM BRAKES—PUSH ROD TRAVEL LIMITS (Dimensions in Inches) | | | |
| Type | Effective Area (Sq. In.) | Outside Diameter* (Inches) | Maximum Stroke (Inches) |
| BOLT TYPE BRAKE CHAMBER DATA | | | |
| A | 12 | 6 -15/16 | 1-3/8 |
| B | 24 | 9 -3/16 | 1 -3/4 |
| C | 16 | 8 -1/16 | 1 -3/4 |
| D | 6 | 5 -1/4 | 1 -1/4 |
| E | 9 | 6 -3/16 | 1 -3/8 |
| F | 36 | 11 | 2 -1/4 |
| G | 30 | 9 -7/8 | 2 |
| ROTOCHAMBER DATA | | | |
| 9 | 9 | 4 -9/32 | 1 -1/2 |
| 12 | 12 | 4 -13/16 | 1 -1/2 |
| 16 | 16 | 5 -13/32 | 2 |
| 20 | 20 | 5 -15/16 | 2 |
| 24 | 24 | 6 -13/32 | 2 |
| 30 | 30 | 7 -1/16 | 2 -1/4 |
| 36 | 36 | 7 -5/8 | 2 -3/4 |
| 50 | 50 | 8 -7/8 | 3 |
| CLAMP TYPE BRAKE CHAMBER DATA | | | |
| 6 | 6 | 4 -1/2 | 1 -1/4 |
| 9 | 9 | 5 -1/4 | 1 -3/8 |
| 12 | 12 | 5 -11/16 | 1 -3/8 |
| 16 | 16 | 6 -3/8 | 1 -3/4 |
| 20 | 20 | 6 -25/32 | 1 -3/4 |
| 24 | 24 | 7 -7/32 | 1 -3/4** |
| 30 | 30 | 8 -3/32 | 2 |
| 36 | 36 | 9 | 2 -1/4 |
| *Dimensions listed do not include cap screw head projections for rotochambers and bolt clamp projections for clamp type brake chambers. | | | |
| **2 inches for long stroke design. | | | |
| BENDIX WESTINGHOUSE | | | |
| DD2 | | | 2 |
| DD3 | | | 2 |
K. Wedge Brake. With the assistance of a second party, make a full brake application.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Measure total shoe movement from fully released to fully applied position. | (1) Brake shoe movement on wedge brakes exceeds 1/16 inch. |
L. Brake Camshafts.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect operation of brakes. | (1) Brake camshaft condition renders any brake inoperable. |
| (2) Inspect travel of brake cams. | (2) Any cam is on end or turns over when brakes are applied. |
| (3) Inspect for camshaft and bushing wear. | (3) There is more than 1/8 inch wear between camshaft and bushings. |
M. Brake Linings—Air Brakes. Visually inspect brake shoes. If shoes cannot be seen, removal of the lower portion of the dust cover is required.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence and condition of lining. | (1) Any lining is missing, cracked, broken, or not securely attached to the brake shoe. |
| (2) Measure thickness at center of shoe. It may be necessary to back off slack adjusters to make an accurate measurement. | (2) Brake lining thickness is worn to 1/4 inch or less at center of shoe. |
| (3) Visually inspect for contamination. | (3) Lining is contaminated with oil or grease. |
N. Brake Drums—Air Brakes.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect for damage and cracks. | (1) Any drum contains cracks in the friction surface which extend to the outer edge of the bore, or any drum contains any external cracks. |
| (2) Removal of any wheel and brake drum in only required when a rejection occurs under §N(1). When any wheel and brake drum is removed, perform the inspection specified in §N(3). | (2) (Rejection not applicable in this step) |
| (3) Measure inside diameter of drum for wear and remachining. | (3) Any combination of wear and remachining exceeds the brake drum manufacturer's limits. If a limit is not available, the maximum combination of wear and remachining may not exceed 0.090 inch greater than the original inside diameter of the drum if the original diameter of the drum is 11 inches or less. For drums greater than 11 inches inside diameter, the maximum wear and remachining may not exceed 0.120 inch greater than the original inside diameter. |
O. Disc Brakes—Air.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect all calipers and rotor (disc) surfaces for oil or grease contamination. | (1) Oil or grease is evident on accessible surfaces of any caliper or rotor (disc). |
| (2) If brake linings are visible, visually inspect thickness of lining. | (2) Brake lining thickness appears to be 1/8 inch or less. |
| (3) If rotors (discs) are visible, visually inspect for cracks or damage. | (3) Any rotor is cracked or damaged. |
| (4) Removal of all wheels on an axle is only required when a rejection occurs under §O(2). Otherwise remove only the wheel where the defect is suspected. When wheels are removed, perform the inspections specified in §O(5)—(8). | (4) (Rejection not applicable in this step) |
| (5) Bonded Linings. (a) Measure thickness of lining at thinnest point. (b) Inspect lining condition. | (5) (a) Thinnest point of remaining lining is 1/8 inch or less. (b) Bonded lining is broken, cracked, loose, missing, wear is extremely uneven, or lining is contaminated with oil, grease, or brake fluid. |
| (6) Riveted Lining. (a) Measure thickness of lining at thinnest point above rivet head. (b) Inspect lining condition. | (6) (a) Thinnest point of remaining lining above a rivet head is 1/8 inch or less. (b) Lining or rivet is broken, cracked, loose, missing, wear is extremely uneven, or lining is contaminated with oil, grease, or brake fluid. |
| (7) Calipers. Visually inspect for damage and cracks. | (7) Caliper is leaking, fails to operate, or piston is seized. |
| (8) Rotors (Discs). (a) Visually inspect for damage and cracks. (b) Measure thickness of rotor for wear and remachining. | (8) (a) Any rotor is broken, cracked into the hub, or friction surface cracks extend to the periphery of the rotor. (b) Any combination of wear and remachining reduces the thickness of the rotor to less than the minimum thickness established by the manufacturer or that stamped on the rotor. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.07** Tires. {#sec-11.22.03.07 omnilex-key=us-md-regs-official--title-11--11.22.03.07}
A. Tire Inspection—Steering Axle.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for tire wear. (a) Tires without tread wear indicators. (b) Tires with tread wear indicators. | (1) (a) Tire is worn so that less than 4/32 inch remains when measured in any two major grooves at three equally spaced intervals around circumference of a tire. (b) Tread wear indicator contacts the road in any two adjacent major grooves at three equally spaced intervals around circumference of a tire. |
| (2) Inspect for tread cuts, snags, or sidewall cracks. | (2) Tire has tread cuts, snags, or sidewall cracks in any direction and deep enough to expose cord fabric. |
| (3) Inspect for exposed cord fabric. | (3) Tire has any part of the breaker strip or casing ply exposed in the tread. |
| (4) Inspect for bumps, bulges, or knots. | (4) Tire has visible bump, bulge, or knot related to tread or sidewall separation. |
| (5) Inspect for patching. | (5) Tire has a boot, blowout patch, or other ply repair. |
| (6) Inspect for tire matching. | (6) Bias ply and radial ply tires are mixed on same axle, or tires on same axle are not equivalent to size recommended by tire or vehicle manufacturer. |
| (7) Inspect for restricted usage. | (7) Tire is labeled “Not for Highway Use” or other labeling which excludes use on a steering axle. |
| (8) Inspect for regrooved or recut tires. | (8) Tire is regrooved or recut and regrooving or recutting is not permitted by tire manufacturer. |
| (9) Inspect for proper mounting. | (9) Tire has tire flap protruding through valve stem slot in rim. |
| (10) Inspect valves and valve stems for leaks and mounting. | (10) Valve stem leaks, is damaged due to misalignment, or is positioned to interfere with checking tire air pressure. |
| (11) Inspect for wheel and tire mounting. | (11) Tire or wheel contacts vehicle chassis or body. |
| (12) Inspect for weight limit rating. | (12) Gross vehicle axle weight exceeds tire load rating, which includes under-inflated tires. |
B. Tire Inspection—Nonsteering Axle.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for tire wear. (a) Tires without tread indicators. (b) Tires with tread wear indicators. | (1) (a) Tire is worn so that less than 2/32 inch remains when measured in any two major grooves at three equally spaced intervals around circumference of a tire. (b) Tread wear indicator contacts the road in any two adjacent major grooves at three equally spaced intervals around circumference of a tire. |
| (2) Inspect for tread cuts, snags, or sidewall cracks. | (2) Tire has tread cuts, snags, or sidewall cracks in any direction and deep enough to expose cord fabric. |
| (3) Inspect for exposed cord fabric. | (3) Tire has any part of the breaker strip or casing ply exposed in tread. |
| (4) Inspect for bumps, bulges, or knots. | (4) Tire has visible bump, bulge, or knot related to tread or sidewall separation. |
| (5) Inspect for patching. | (5) Tire has a boot, blowout patch, or other temporary ply repair. |
| (6) Inspect for tire matching. | (6) Bias ply and radial ply tires are mixed on same axle, or tires on same axle are not equivalent to size recommended by tire or vehicle manufacturer. |
| (7) Inspect for restricted usage. | (7) Tire is labeled “Not for Highway Use” or other labeling which excludes use on a highway vehicle. |
| (8) Inspect for regrooved or recut tires. | (8) Tire is regrooved or recut and regrooving or recutting is not permitted by tire manufacturer, or vehicle is equipped with regrooved tires on the steering axle. |
| (9) Inspect for recapped or retreaded tires on front wheels. | (9) Equipped with recapped or retreaded tires on the front wheels. |
| (10) Inspect for proper mounting. | (10) Tire has tire flap protruding through valve stem slot in rim. |
| (11) Inspect valves and valve stems for leaks and mounting. | (11) Valve stem leaks, is damaged due to misalignment, or is positioned to interfere with checking tire air pressure. |
| (12) Inspect for wheel and tire mounting. | (12) Tire or wheel contacts vehicle chassis or body. |
| (13) Inspect for weight limit rating. | (13) Gross vehicle axle weight exceeds tire load rating, which includes under-inflated tires. |
| (14) Inspect spare tire storage (if equipped). | (14) A spare tire is not properly secured. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.08** Wheels, Rims, Lock Rings, Studs, and Nuts. {#sec-11.22.03.08 omnilex-key=us-md-regs-official--title-11--11.22.03.08}
A. Wheels. Visually inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Disc Wheels. (a) Inspect for condition of wheels. (b) Inspect stud holes. | (1) (a) Wheel is broken, cracked, bent, warped, welded, or loose. (b) Any stud hole is elongated. |
| (2) Cast Wheels. (a) Inspect for condition of wheels. (b) Inspect stud holes. | (2) (a) Wheel is broken, cracked, bent, scraped, welded, loose, or clamping area is worn. (b) Any stud hole is elongated. |
B. Rims. Visually inspect for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Wheel and rim matching. | (1) Wheel and rim are mismatched. |
| (2) Damage. | (2) Rim is broken, cracked, bent, warped, or loose. |
C. Lock Rings.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for butted lock rings. | (1) Locking ring end clearance is less than 1/8 inch. |
D. Studs, Nuts, and Clamps. Inspect for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence and tightness. | (1) Stud, nut, or clamp is missing or loose. |
| (2) Thread engagement. | (2) Threads are cross-threaded or improperly engaged. |
| (3) Condition. | (3) Stud, nut, or clamp is broken, cracked, bent, welded, or seized. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.09** Accelerator Pedal and Air Throttle. {#sec-11.22.03.09 omnilex-key=us-md-regs-official--title-11--11.22.03.09}
A. Inspect pedals for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Binding. | (1) Engine speed does not return to idle. |
| (2) Mounting. | (2) Pedals are not properly and securely mounted. |
| (3) Condition of linkage. | (3) Linkage is worn, damaged, or contains improper retaining components. |
| (4) Return springs. | (4) Return springs are missing, loose, or weak. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.10** Fuel Storage and Delivery System. {#sec-11.22.03.10 omnilex-key=us-md-regs-official--title-11--11.22.03.10}
A. Fuel Storage. Visually inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Tank. | (1) Tank is leaking, cracked, has broken welds, not an approved type or if mounted forward of steering axle and is wider than the vehicle. |
| (2) Tank mounting. | (2) Tank mounts are missing, cracked, loose, have loose bolts, or bolts are missing. |
| (3) Caps. | (3) Tank cap is missing or does not seal to prevent spillage. |
B. Fuel Delivery System. Visually inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Pump. | (1) Pump is disconnected or bypassed to provide a gravity fuel feed, pump is loose, leaking, or not securely mounted. |
| (2) Lines and connections. | (2) Lines or connections are leaking, crimped, restricted, improperly mounted, any line or connection is less than 1-1/2 inches from the exhaust system or moving vehicle or engine parts, or located inside the passenger compartment. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.11** Exhaust System. {#sec-11.22.03.11 omnilex-key=us-md-regs-official--title-11--11.22.03.11}
A. Visually inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Manifolds. | (1) Manifold is broken, cracked, or leaking. |
| (2) Muffler or mufflers. | (2) Muffler is missing or leaking. |
| (3) Exhaust pipe or pipes. | (3) Exhaust pipe is missing, leaking, or perforated. |
| (4) Exhaust turbo charger (if applicable). | (4) Exhaust turbo charger has an audible leak at seals. |
| (5) Heat shields (if applicable). | (5) Heat shields are missing, loose, or improperly mounted. |
| (6) Location. | (6) Any part of exhaust system is less than 1-1/2 inches from fuel system, brake system, or other nonshielded combustible material. |
| (7) Exhaust outlet. | (7) Exhaust outlet does not expel exhaust beyond perimeter of the passenger compartment. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.12** Universal Joints and U-Clamps. {#sec-11.22.03.12 omnilex-key=us-md-regs-official--title-11--11.22.03.12}
A. Universal Joints. With spring brakes on and gear selector in neutral, place a small bar between the yoke and the U-joint and rotate the shaft back and forth.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect universal joints for looseness, missing or loose bolts, and proper phasing. | (1) There is free play in a universal joint, bolt is missing or loose, or joints are not in proper phase. |
| (2) Visually inspect U-clamps. | (2) U-clamp is missing, loose, nut is missing or loose, or nut or bolt is not locked. |
| (3) Visually inspect steady bearing for wear and proper mounting. | (3) Steady bearing is loose or worn. |
| (4) Inspect for presence of drive shaft protection open on vehicles with drive shaft extending lengthwise under floor of passenger compartment. | (4) Not equipped with at least one guard or bracket at the sliding connection end of drive shaft. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.13** Vehicle Frame, Body, and Sheet Metal. {#sec-11.22.03.13 omnilex-key=us-md-regs-official--title-11--11.22.03.13}
A. Frame.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect frame for damage, deterioration, and improper frame welding. | (1) Frame is cracked, broken, bent, rusted to substantially weaken the frame, or frame is welded and not fishplated. |
B. Engine Mounting.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect engine mounts for looseness and damage. | (1) Engine mount or bolt is loose or damaged. |
C. Frame Cross Member.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect frame cross member for condition and attachment. | (1) Frame cross member or bolt is loose, missing, or damaged. |
D. Body Mounts.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence and condition of body mounts. | (1) Body mount or bolt is missing, cracked, loose, or body is not secured to the frame. |
E. Floors and Floor Covering.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect floors for condition. | (1) Floor is rusted or weakened to a point it does not support occupant, or permits the entrance of engine exhaust into the vehicle. |
| (2) Inspect floor covering and grommets for presence and condition. | (2) Floor covering is damaged or worn where it is not slip proof, presents a tripping hazard, or there is a missing or damaged grommet. |
| (3) Inspect for presence and condition of standee line or bar. | (3) Not equipped with a 2-inch wide standee line of contrasting color or other means to indicate that a passenger standing forward of the standee line is prohibited. |
F. Hood or Engine Cover.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence of hood or engine cover. | (1) Hood or engine cover is missing or engine cover does not seal. |
| (2) Inspect for presence and condition of latches. | (2) Latch is missing, broken, seized, or insecurely mounted. |
| (3) Visually inspect for presence and condition of safety cables. | (3) Safety cable or catch is missing, broken, or insecurely attached. |
| (4) Inspect secondary latches for presence and condition (if applicable). | (4) Secondary latch (if applicable) is missing, broken, or loose. |
| (5) Visually inspect for presence and condition of hinges. | (5) Hinge is missing, broken, loose, or seized. |
G. Doors, Handles, Latches, and Hinges.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect doors for presence, attachment, and operation. | (1) Door is missing, loose, or does not readily open or securely close. |
| (2) Inspect emergency door (if equipped) for operation and marking. | (2) Equipped with an emergency door and door does not open or securely close, or is not clearly identified by 1-inch letters and a red light when lighted exterior lamps are displayed. |
| (3) Inspect door handles for presence and operation. | (3) Door handle is missing or does not permit opening or closing of door. |
| (4) Inspect door catches for presence, condition, and operation. | (4) Door catch is missing, damaged, loose, or worn, or does not operate on primary or secondary catches. |
| (5) Inspect hinges for presence and condition. | (5) Hinge is missing, broken, loose, or does not permit door to properly open or close. |
H. Entrance Steps and Grab Handles or Bars.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect steps and grab handles or bars for presence and condition. | (1) Step, grab handle, or bar is missing, loose, or damaged. |
I. Fenders and Rear Protector (Mud) Flaps. Rear protector flaps are not required on an uncoupled truck tractor, farm truck, farm truck tractor, pole trailer, or any vehicle when the construction is such that complete freedom around the wheel area is necessary to secure the designed use of the vehicle.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect fenders for presence and condition. | (1) Fender is missing, or contains sharp or jagged edges. |
| (2) Inspect rear protector flaps for presence, condition, size, and mounting when required. | (2) Rear protector flap is missing, loose, or does not extend the full width of tires, or the distance from flap to ground is more than 1/3 the distance from the protector flap to the center of the wheel. |
J. Sheet Metal.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect body sheet metal and moldings for tears, protruding or loose parts, and deterioration. | (1) Body parts and moldings have sharp or jagged edges, protrude to be hazardous, are loose, or body panel has a missing rivet or open seam. |
K. Bumpers.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect bumpers for presence, condition, and mounting. | (1) Bumper is missing when required, is broken, has sharp or jagged edges, or is not securely attached. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.14** Lighting. {#sec-11.22.03.14 omnilex-key=us-md-regs-official--title-11--11.22.03.14}
A. Headlamps. Inspect headlamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with at least one headlamp on each side or two headlamps on each side for four-lamp system, or are not as far apart as practical. |
| (2) Condition. | (2) Headlamp is damaged, broken, cracked, or not securely mounted. |
| (3) Function. | (3) Headlamp does not function on high and low beams, does not emit a white light or is not properly directed. |
B. Tail Lamps. Inspect tail lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with at least one tail lamp on each side to the rear, or are not mounted as far apart as practical. |
| (2) Condition. | (2) Tail lamp does not function, does not emit a red light, or is not visible to rear. |
C. Stop Lamps. Inspect stop lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) A 1968 or newer model year vehicle is not equipped with two red or amber stop lamps, or a 1967 or older model year vehicle is not equipped with at least one red or amber stop lamp. |
| (2) Condition. | (2) Stop lamp does not function, does not emit a red or amber light, or is not visible to rear. |
D. Turn Signal Lamps. Inspect turn signal lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with two amber to front and two red or amber to rear, mounted as far apart as practical. |
| (2) Condition. | (2) Turn signal lamp is damaged, broken, cracked, or not securely mounted. |
| (3) Function. | (3) Turn signal lamp does not function as designed, or does not flash between 60 and 120 cycles per minute, or is not visible to front and rear. |
E. Hazard Warning Lamps. Inspect hazard warning lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with hazard warning lamps emitting amber light to front, and red or amber light to rear. |
| (2) Condition. | (2) Hazard warning lamp is damaged, broken, cracked, or not securely mounted. |
| (3) Function. | (3) Hazard warning system does not function, or permit simultaneous operation of all turn signal lamps, or is not visible to front and rear. |
F. Side Marker Lamps. Side marker lamps may function as both side marker and clearance lamps. Inspect side marker lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with two amber side marker lamps on front and two red side marker lamps on rear, mounted as high and as close to front and rear of vehicle as practical, or if vehicle is longer than 30 feet and is not equipped with an intermediate side marker lamp centrally located on the vehicle. |
| (2) Condition. | (2) Side marker lamp is damaged, broken, cracked, or not securely mounted. |
| (3) Function. | (3) Side marker lamp does not function or is not visible to the side. |
G. Clearance Lamps. Clearance lamps are not required on vehicles less than 80 inches in width. Inspect clearance lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) When required, vehicle is not equipped with at least two amber to the front and two red to the rear, mounted as far apart as practical. |
| (2) Condition. | (2) Clearance lamp is damaged, broken, cracked, or not securely mounted. |
| (3) Function. | (3) Clearance lamp does not function or is not visible to front or rear. |
H. Identification Lamps. Identification lamps are not required on vehicles less than 80 inches in width. Inspect identification lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) When required, vehicle is not equipped with three amber identification lamps on the front and three red identification lamps on the rear. |
| (2) Condition. | (2) Identification lamp is damaged, broken, cracked, or not securely mounted. |
| (3) Function. | (3) Any identification lamp does not function or is not visible to the front and rear. |
I. License Plate Lamp or Lamps. Inspect license plate lamp or lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with lamp or lamps to illuminate license plate. |
| (2) Condition. | (2) License plate lamp is damaged, broken, cracked, or not securely mounted. |
| (3) Function. | (3) License plate lamp does not function, emit a white light, or illuminate license plate. |
J. Additional Lamps (if Equipped).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Fog Lamps. Inspect fog lamps for function and mounting. | (1) Equipped with more than two fog lamps on the front, fog lamp is not properly directed, or not properly and securely mounted. |
| (2) Driving Lamps. Inspect driving lamps for function and mounting. | (2) Equipped with more than two driving lamps on the front of the vehicle, driving lamp is not properly directed, of properly and securely mounted. |
| (3) Back-up lamps. | (3) Back-up lamp functions in a forward gear, is not properly directed, or properly and securely mounted. |
K. Instrument and Indicator Lamps. Inspect for presence and function of:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Instrument panel lamps. | (1) Instrument panel lamps fail to illuminate instruments or gauges. |
| (2) High beam indicator. | (2) High beam indicator fails to function. |
| (3) Turn signal indicator. | (3) Turn signal indicator fails to function or does not indicate proper turn. |
L. Reflectors.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Rear. Visually inspect for presence and condition of reflectors. | (1) Not equipped with two red reflectors on rear, mounted at the same height and as far apart as practical. |
| (2) Side Marker. Visually inspect for presence and condition of reflectors. | (2) Not equipped with one amber reflector on each side at or near the front, one red reflector on each side at or near the rear, or if vehicle is more than 30 feet long and is not equipped with an intermediate amber reflector centrally located. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.15** Electrical System. {#sec-11.22.03.15 omnilex-key=us-md-regs-official--title-11--11.22.03.15}
A. Wiring. Visually inspect wiring for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Condition. | (1) Insulation is broken, cracked, chafed, or connections are corroded. |
| (2) Mounting. | (2) Wiring is loose to permit contact with exhaust system or moving parts. |
B. Battery. Visually inspect battery for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Mounting. | (1) Battery is loose, mounting is cracked, broken, weakened, or cover is missing. |
| (2) Condition. | (2) Terminal or lead is loose or severely corroded. |
C. Switches.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Function. | (1) Any switch fails to function as designed |
| (2) Condition. | (2) Any switch is damaged or loose. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.16** Emergency Equipment. {#sec-11.22.03.16 omnilex-key=us-md-regs-official--title-11--11.22.03.16}
A. Roadside Warning Devices. Each vehicle shall be equipped with three bidirectional emergency reflective triangles. Inspect bidirectional emergency reflective triangles for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with three bidirectional emergency reflective triangles. |
| (2) Condition. | (2) A bidirectional emergency reflective triangle is broken or damaged. |
B. Extinguisher. Vehicles used to transport hazardous materials shall be equipped with a fire extinguisher with an Underwriters Laboratory rating of at least 10 BC. Vehicles used to transport nonhazardous materials shall be equipped with at least one fire extinguisher with an Underwriters Laboratory rating of at least 5 BC or two fire extinguishers with an Underwriters
Laboratory rating of at least 4 BC. Inspect fire extinguisher for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Fire extinguisher is missing. |
| (2) Rating. | (2) Fire extinguisher is not of proper rating. |
| (3) Condition. | (3) Fire extinguisher is discharged, damaged, or inoperable. |
C. Fuses. Each vehicle using fused electric circuits shall be equipped with at least one spare fuse of each type and size of the fuses used in the vehicle.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence and type of fuses. | (1) Not equipped with at least one of each type fuse used in vehicle. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.17** Seats and Seat Belts. {#sec-11.22.03.17 omnilex-key=us-md-regs-official--title-11--11.22.03.17}
A. Seats. Visually inspect seat for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Condition. | (1) Seat frame is broken or seat is loose. |
| (2) Adjustment mechanism. | (2) Adjustment mechanism does not lock or permit seat adjustment. |
| (3) Aisle seats. | (3) Equipped with a seat which does not automatically fold when unoccupied to provide a clear aisle. |
B. Seat Belts (Applicable to Vehicles Manufactured on and after January 1, 1965). Inspect seat belt for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Driver's seat is not equipped with a seat belt. |
| (2) Condition. | (2) Seat belt is cut, torn, damaged, insecurely mounted, or if vehicle is equipped with air ride seat and seat belts are attached to the seat without a secondary belt from the seat to the vehicle body. |
| (3) Function. | (3) Belt does not extend full length or retract if equipped with retractors or if latching system does not lock. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.18** Sun Visor. {#sec-11.22.03.18 omnilex-key=us-md-regs-official--title-11--11.22.03.18}
A. Visually inspect visor for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence on driver's side. | (1) Visor is missing on driver's side. |
| (2) Function. | (2) Visor cannot be maintained in a set position. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.19** Mirrors. {#sec-11.22.03.19 omnilex-key=us-md-regs-official--title-11--11.22.03.19}
A. Outside Mirrors. From driver's seat, inspect mirrors for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with a right and left outside mirror. |
| (2) Condition. | (2) Mirror is loose, cracked, or clouded to obscure vision. |
| (3) Function. | (3) Mirror does not provide a clear, unobstructed view. |
B. Inside Mirror (When Required). From driver's seat, inspect mirror for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with an inside mirror when required. |
| (2) Condition. | (2) Mirror is loose, cracked, or clouded to obscure vision. |
| (3) Function. | (3) Mirror does not provide a clear, unobstructed view. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.20** Glazing. {#sec-11.22.03.20 omnilex-key=us-md-regs-official--title-11--11.22.03.20}
A. Windshield. Visually inspect windshield for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Cracks on driver's side. | (1) Any crack is through one or more layers of glass or there are two or more cracks extending from an outer edge into the windshield wiper sweep. |
| (2) Cracks on passenger side. | (2) Windshield is cracked so as to restrict vision. |
| (3) Chips. | (3) Windshield wiper sweep contains nicks, pits, or chips greater than 1/2 inch diameter. |
| (4) Vision. | (4) Vision is obscured by clouding or other conditions. |
| (5) Tinting. | (5) Windshield contains any add-on tinting. |
| (6) Stickers. | (6) Windshield wiper sweep area contains any stickers. |
| (7) Type. | (7) Windshield is not AS-1 or AS-10 laminated safety glazing. |
| (8) Presence. | (8) Any part of windshield is missing. |
B. Side Windows. Inspect for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Operation. | (1) Window on driver's side does not open or close. |
| (2) Push-out windows . | (2) Manufactured after September 1, 1983 and is not equipped with push-out windows. |
| (3) Cracks. | (3) Any window contains a sharp or jagged edge, or is cracked so as to restrict vision. |
| (4) Obstructions. | (4) Any window is obstructed to restrict vision. |
| (5) Tinting. | (5) Any window to the immediate right or left of the driver contains add-on tinting. |
| (6) Type. | 6) Any window to the immediate right or left of the driver is not AS-1, AS-2, AS-10, or AS-11 safety glazing, or any other side window is not AS-1, AS-2 AS-3, AS-4, AS-5, AS-10, or AS-11 safety glazing. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.21** Windshield Wipers and Washers. {#sec-11.22.03.21 omnilex-key=us-md-regs-official--title-11--11.22.03.21}
A. Windshield Wipers. Inspect windshield wipers for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Operation. | (1) Wipers fail to operate, blades do not contact windshield, or wipers do not return to park position when turned off. |
| (2) Condition of blades. | (2) Wiping portion of blade is missing, torn, or hardened, or does not wipe 75 percent of original sweep area. |
| (3) Condition of arms. | (3) Wiper arm is missing, bent, or distorted. |
B. Windshield Washers (if Equipped).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect washer system for operation. | (1) Washer system does not function as designed. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.22** Defroster. {#sec-11.22.03.22 omnilex-key=us-md-regs-official--title-11--11.22.03.22}
A. Defroster.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect fan operation. | (1) Fan fails to operate. |
| (2) Inspect air flow and direction air flow. | (2) Air flow is insufficient, obstructed, or improperly directed. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.23** Automatic Transmission Gear Selector/Neutral Safety Switch. {#sec-11.22.03.23 omnilex-key=us-md-regs-official--title-11--11.22.03.23}
A. Gear Selector.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) With engine running and parking brake set, place transmission selector in Park (P), Reverse (R), Neutral (N), Drive (D), and Low (L). | (1) Gear selector does not indicate proper gear. |
B. Neutral Safety Switch.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) With engine turned off and parking brake set, place gear selector in each gear position and determine when starter will engage. | (1) Starter will engage when gear selector is in any position except P or N. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.24** Speedometer and Odometer. {#sec-11.22.03.24 omnilex-key=us-md-regs-official--title-11--11.22.03.24}
A. Speedometer.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence and operation. | (1) Speedometer does not function or is missing. |
B. Odometer/hubometer.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence and condition. | (1) Odometer or hubometer is missing or fails to operate. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.25** Brake and Clutch Pedal. {#sec-11.22.03.25 omnilex-key=us-md-regs-official--title-11--11.22.03.25}
A. Brake Pedal. Inspect brake pedal for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Operation. | (1) Brake pedal does not return when released or is binding or misaligned. |
| (2) Condition. | (2) Brake pedal or air treadle is loose or foot surface or pedal pad, if applicable, is missing or worn smooth. |
B. Clutch Pedal. Inspect clutch pedal for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Operation. | (1) Clutch pedal does not return when released or is binding or misaligned. |
| (2) Condition. | (2) Clutch pedal is loose or foot surface or pedal pad, if applicable, is missing or worn smooth. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.03.26** Horn. {#sec-11.22.03.26 omnilex-key=us-md-regs-official--title-11--11.22.03.26}
A. Inspect for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Horn is missing. |
| (2) Operation. | (2) Horn fails to function. |
| (3) Accessibility. | (3) Means of activating horn is not readily accessible to the driver. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Administrative History: Regulation .01 amended effective April 1, 1991 (18:6 Md. R. 687)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
## **11.22.04** Preventive Maintenance Standards for Freight Trailers and Freight Semitrailers
##### **COMAR 11.22.04.01** Applicability. {#sec-11.22.04.01 omnilex-key=us-md-regs-official--title-11--11.22.04.01}
The standards, requirements, and procedures set forth in this chapter are applicable to equipment originally installed by the manufacturer or required by federal or State law or regulation on any vehicle registered as a Class G (freight trailer) vehicle under the provisions of Transportation Article, Title 13, Annotated Code of Maryland, or any freight trailer or semitrailer owned by this State or any political subdivision of this State. Compliance with these minimum requirements may not be sufficient for the equipment to remain in compliance for 12 months or 25,000 miles, whichever occurs first. Therefore, more frequent maintenance, service, and repair as deemed necessary by the owner is permitted and recommended.
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.04.02** Alignment. {#sec-11.22.04.02 omnilex-key=us-md-regs-official--title-11--11.22.04.02}
A. Axles, beams, spindles or mountings which are broken, damaged, worn, rusted, bent, or modified may affect wheel alignment, tracking, or vehicle handling or stability.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect axles, beams, spindles, and mountings for broken, damaged, worn, rusted, bent, or modified conditions. | (1) Any axle, beam, spindle, or mounting is broken, worn, damaged, rusted, bent, or modified and affects vehicle handling, stability, tracking, or alignment. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.04.03** Suspension. {#sec-11.22.04.03 omnilex-key=us-md-regs-official--title-11--11.22.04.03}
A. Spring and Attachments. Unequal vehicle height, broken or damaged spring leaves, spring shackles, bushings, center bolts, U-bolts, control arms, torsion bars or equalizers can affect vehicle steering, alignment, tracking, handling, and stability. With vehicle on a level surface, inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Vehicle height. | (1) Uneven vehicle height permits tire or wheel contact with body or suspension parts. |
| (2) Springs. | (2) A spring leaf is broken, damaged, or missing. |
| (3) Spring shackles. | (3) Spring shackle is broken, loose, cracked, worn, or damaged. |
| (4) Bushings. | (4) Bushings are loose or missing. |
| (5) Center bolts. | (5) Spring center bolt is broken or missing. |
| (6) U-bolts. | (6) A U-bolt is broken, loose, or missing. |
| (7) Control arms. | (7) A control arm is bent, missing, or has a welded repair. |
| (8) Torque arms. | (8) A torque arm is bent, missing, or has a welded repair. |
| (9) Torsion bars. | (9) Torsion bar is loose, broken, or damaged. |
| (10) Equalizers. | (10) An equalizer is cracked, broken, or has a welded repair. |
B. Torsion Bar. All other suspension components shall be inspected the same as leaf spring suspension.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Apply brakes, slowly attempt to move vehicle. Observe play in torsion bar mountings. | (1) Play exceeds 1/8 inch. |
| (2) Place pry bar between frame and torsion bar. Observe play in rear mounting, bushing, and pin. | (2) Play exceeds 1/8 inch. |
C. Coil Springs and Mountings. Visually inspect coil springs, control arms, rear torque arms, axle strut (when equipped), and front and rear stabilizer bar (when equipped).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Coil springs. | (1) Spring is broken or sagging and lowers a corner of the vehicle more than 2 inches. |
| (2) Control arms. | (2) Control arm is bent, cracked, has a welded repair, or bushings are loose. |
| (3) Axle struts. | (3) Axle strut is missing, bent, cracked, has a welded repair, or bushings are loose. |
| (4) Radius arms (if equipped). | (4) Radius arm is missing, bent, cracked, has a welded repair, or bushings are loose. |
| (5) Stabilizer bars (if equipped). | (5) Stabilizer bar is missing, disconnected, broken, loose, damaged, or has a welded repair. |
D. Rubber Load Cushions. All other suspension components shall be inspected the same as leaf spring suspension.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Apply brakes, slowly move vehicle to take up the slack and inspect all attachments. | (1) Any mounting or attachment play exceeds 1/8 inch. |
| (2) Inspect all rubber pads and blocks. | (2) Rubber block is missing or rubber pad is split. |
E. Tandem Axle Walking Beams.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect rubber insert in bushings. | (1) Rubber is dispersed from bushing resulting in visible movement between the bushing insert or mounting bolts or pins. Compression of the rubber insert during vehicle movement is not cause for rejection. |
F. Sliding Bogie.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect condition of sliding bogie. | (1) Rail locking device or stop is missing, broken, cracked, or inoperable. |
G. Air Suspension (All Axles). Two procedures are required to inspect air suspension systems.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Apply air pressure and observe air pressure in braking system when suspension begins to lift vehicle. | (1) Suspension begins to lift vehicle before air pressure in the braking system reaches 55 psi. |
| (2) With normal air pressure in system, inspect: (a) Bushings. (b) Pivots. (c) Lines. (d) Air bags. (e) Shock absorbers. (f) Air supply. (g) Suspension height. | (2) (a) Any bushing is loose. (b) A pivot is loose or worn. (c) Any line is cracked, broken, crushed, or leaks. (d) Air bag is cut, has an air leak, vehicle body and chassis is unsupported, any axle or body or chassis leans to one side. (e) Shock absorber, if equipped, is missing, broken, or disconnected. (f) Air supply is connected to main line or wet reservoir, or pressure protection valve is missing. (g) Suspension height does not meet manufacturer's specification. |
H. Air Suspension. Inspection is conducted with normal air pressure in suspension system.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Operate lift control and observe response of retractable axle. | (1) Axle does not respond to lift control switch on valve. |
| (2) Inspect for air leaks with retractable axle in both up and down position and inspect for air pressure loss in one-way valves. | (2) Air leak is evident when axle is in up or down position or there is air pressure loss at tag suspension. |
I. Shock Absorbers (if Equipped). Shock absorber inspection includes leakage, mounting, and all related attachments. When originally equipped with shock absorbers, inspect for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Shock absorber is missing if originally equipped. |
| (2) Proper mounting. | (2) Shock absorber is not properly and adequately mounted. |
| (3) Leakage. | (3) There is visible leakage. Slight dampness is not cause for rejection. |
| (4) Condition of bushings. | (4) Any bushing is loose or missing. |
J. Road Clearance.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect for any suspension, frame, or body parts extending below the bottom edge of wheel rims. | (1) Any part extends below the lowest point of any wheel rim. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.04.04** Brake Systems — Hydraulic and Vacuum. {#sec-11.22.04.04 omnilex-key=us-md-regs-official--title-11--11.22.04.04}
A. Brake Lines and Hoses. Visually inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Lines and hoses. | (1) Any line is cracked, chafed, flattened, insecurely mounted, restricted, any repairs other than steel tubing (tubing connections shall be double flared), leaking, or welded. |
| (2) Master cylinder. | (2) Master cylinder leaks, is loose, or fluid level is below 1/2 inch of top. |
| (3) Cap. | (3) Cap is missing, vent holes are plugged, or gasket missing or damaged. |
B. Vacuum System.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect lines, hoses, clamps, and connections. | (1) There are any missing, broken, collapsed, chafed lines, hoses, clamps, or connections. |
| (2) Visually inspect vacuum tank. | (2) Tank is leaking, loose, or damaged. |
| (3) Clamps. | (3) Any clamp is loose, missing, or broken. |
C. Drum Brakes—Hydraulic.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Apply a moderate force to the brake pedal for 1 minute. Then check all brake drum and backing plate exterior edges for evidence of brake fluid, oil, or grease leakage. | (1) Brake fluid, oil, or grease is evident at exterior edge of any backing plate or brake drum. |
| (2) If the backing plate or brake drum has inspection holes, visually inspect thickness of brake lining. | (2) The brake lining thickness appears to be 1/16 inch or less. |
| (3) Visually inspect exterior surfaces of backing plates for damage. | (3) Any backing plate is bent or damaged. |
| (4) Visually inspect brake drums for cracks. | (4) Any brake drum is cracked. |
| (5) Removal of all wheels and brake drums on an axle is only required when a rejection occurs under §C(2). Otherwise only remove the wheel and brake drum for the wheel where the defect is suspected. When wheels and brake drums are removed, perform the inspections specified in §C(6)—(10). | (5) (Rejection not applicable in this step) |
| (6) Bonded Lining. (a) Measure thickness of lining at thinnest point. (b) Inspect lining condition. | (6) (a) Thinnest point of remaining bonded lining is 1/16 inch or less. (b) Bonded lining is broken, cracked, loose, missing, wear is extremely uneven, or lining is contaminated with oil, grease, or brake fluid. |
| (7) Riveted Lining. (a) Measure thickness of lining at thinnest point above rivet head. (b) Inspect lining condition. | (7) (a) Thinnest point of remaining lining above a rivet head is 1/16 inch or less. (b) Lining or rivet is broken, cracked, loose, missing, wear is extremely uneven, or lining is contaminated with oil, grease, or brake fluid. |
| (8) Mechanical Components. (a) Visually inspect self-adjusters. (b) Visually inspect self-adjuster cables or mechanisms. (c) Anchor pins and hold-down springs. (d) Visually inspect backing plate. | (8) (a) Self-adjuster is missing, seized, inoperable, not for proper side of vehicle, or extremely worn. (b) Cable or mechanism is missing, broken, loose, or inoperable. (c) Any pin or spring is missing, broken, loose, or extremely worn. (d) Backing plate is worn, bent, or damaged to prevent free movement of brake shoes. |
| (9) Wheel Cylinders. (a) Inspect for operation. (b) Inspect for leaks. (c) Inspect dust seals. | (9) (a) Any wheel cylinder fails to operate. (b) Any cylinder leaks. (c) Any dust seal is missing, damaged, or deteriorated. |
| (10) Brake Drums. (a) Visually inspect for damage and cracks. (b) Measure inside diameter of drum for wear and remachining. | (10) (a) Any drum contains cracks in the friction surface which extend to the outer edge of the bore, or any drum contains any external cracks. (b) Any combination of wear and remachining exceeds the brake drum manufacturer's limits. If a limit is not available, the maximum combination of wear and remachining may not exceed 0.090 inch greater than the original inside diameter of the drum if the original diameter of the drum is 11 inches or less. For drums greater than 11 inches inside diameter, the maximum wear and remachining may not exceed 0.120 greater than the original inside diameter. |
D. Disc Brakes—Hydraulic.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Apply a moderate force to the brake pedal for 1 minute. Then check all calipers and rotor (disc) surfaces for evidence of brake fluid, oil, or grease leakage. | (1) Brake fluid, oil, or grease is evident or visible on accessible surfaces of any caliper or rotor (disc). |
| (2) If brake linings are visible, visually inspect thickness of lining. | (2) Brake lining thickness appears to be 1/16 inch or less. |
| (3) If rotors (discs) are visible, or visually inspect for cracks damage. | (3) Any rotor (disc) is cracked or damaged. |
| (4) Removal of all wheels on an axle is only required when a rejection occurs under §D(2). Otherwise remove only the wheel where the defect is suspected. When wheels are removed, perform the inspections specified in §D(5)—(8). | (4) (Rejection not applicable in this step) |
| (5) Bonded Linings. (a) Measure thickness of lining at thinnest point. (b) Inspect lining condition. | (5) (a) Thinnest point of remaining lining is 1/16 inch or less. (b) Bonded lining is broken, cracked, loose, missing, wear is extremely uneven, or lining is contaminated with oil, grease, or brake fluid. |
| (6) Riveted Lining. (a) Measure thickness of lining at thinnest point above rivet head. (b) Inspect lining condition. | (6) (a) Thinnest point of remaining lining above a rivet head is 1/16 inch or less. (b) Lining or rivet is broken, cracked, loose, missing, wear is extremely uneven, or lining is contaminated with oil, grease, or brake fluid. |
| (7) Calipers. Visually inspect leaks, operation, and operate, anti-vibration components. | (7) Caliper is leaking, fails to or piston is seized. |
| (8) Rotors (Discs). (a) Visually inspect for damage and cracks. (b) Measure thickness of rotor for wear and remachining. | (8) (a) Any rotor is broken, cracked into the hub, or friction surface cracks extend to the periphery of the rotor. (b) Any combination of wear and remachining reduces the thickness of the rotor to less than the minimum thickness established by the manufacturer or that stamped on the rotor. |
E. Brake Lines and Hoses—Hydraulic.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect lines and hoses for condition, mounting, restrictions, and proper material and repair. | (1) Any line or hose is leaking, cracked, chafed, flattened, restricted, welded, insecurely mounted, replaced with other than steel tubing, or connections are not connections are not double flared. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.04.05** Brake System — Air. {#sec-11.22.04.05 omnilex-key=us-md-regs-official--title-11--11.22.04.05}
A. Air Leakage. Inspection for leakage shall be conducted with a fully charged system and brakes fully applied.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Single Vehicle. With a fully charged system, stop engine and observe pressure drop in 1 minute. | (1) Air pressure drop is greater than 3 psi in 1 minute. |
B. Air Reservoir and Valves.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Air Reservoir. With system fully charged, open primary (wet) tank drain valve and observe operation of check valve. Then open drain valve on secondary (dry) tank. | (1) Check valve does not close and air is retained in the secondary (dry) tank or tanks. |
| (2) Contamination. Observe any oil or water expelled from all tanks. | (2) Any deposits of oil or water cannot be expelled. |
| (3) Quick Release Valves. Apply and release air in the system. | (3) Air is not quickly exhausted through exhaust port when brakes are released. |
| (4) Relay Valves. Apply and release brakes and observe function of proper brake chambers. | (4) Air is not directed to proper brake chamber when brakes are applied or air is not quickly exhausted when brakes are released. |
C. Parking and Emergency Brake Application. Vehicles with original equipment air-operated parking brakes are permissible. There are different systems designed for automatic or manual operation of the system as the design allows (check automatic application of brakes when air tanks are being drained).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Using park brake control valve, release air pressure from brakes. | (1) Push rods are extended and vehicle can be moved. |
| (2) Observe if mechanism releases brakes when control valve is operated. | (2) Brakes do not fully release. |
D. Gladhands and Air System.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect gladhands for condition and mounting. | (1) Gladhands are damaged, have damaged seals, or are insecurely mounted. |
| (2) Visually inspect lines and hoses for: (a) Type. (b) Condition. (c) Mounting. | (2) (a) Not an approved type. (b) Broken, cracked, chafed, abraded, or kinked. (c) Insecurely mounted or contacting the exhaust system or any moving part. |
| (3) Inspect air tanks for: (a) Presence and connection. (b) Condition. (c) Leaks. (d) Mounting. | (3) (a) Tank is missing or not connected. (b) Tank is cracked, damaged, or field repaired. (c) Tank or connections leak. (d) Tank, mounting brackets, or springs are missing, broken, cracked, or loose. |
| (4) Inspect drain cocks and moisture ejectors (if equipped) for: (a) Presence and condition. (b) Leaks. | (4) (a) Drain cock is missing, broken, damaged, or is inoperable. (b) Drain cock or moisture ejector leaks air. |
E. Brake Mechanical Components. Do not attempt to dismantle a double diaphragm spring brake unit while it is on the vehicle. Utilize a safety cage and remove the entire unit from the vehicle. Replace with a new or rebuilt assembly. When rebuilding or overhauling a brake chamber, strict adherence to manufacturer's procedures is required. Inspect brake chamber for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Function. | (1) Brake chamber fails to function as designed. |
| (2) Leaks. | (2) Brake chamber leaks or diaphragm is damaged. |
| (3) Damage. | (3) Brake chamber is damaged so as to affect operation. |
| (4) Mounting. | (4) Brake chamber or mounting hardware is broken, loose, damaged, or bolts are missing. |
| (5) Push rods. | (5) Push rod is broken, bent, or misaligned with slack adjuster. |
| (6) Clevis yokes. | (6) Clevis yoke is broken, cracked, or worn. |
| (7) Clevis pins. | (7) Clevis pin is missing, worn, or cotter pin is missing or an improper substitute is used. |
| (8) Push rod clevis pin hole setting. | (8) Slack adjuster effective length is not the same on all wheels. |
| (9) Slack adjuster. | (9) Slack adjuster is inoperative, broken, bent, extremely worn, or does not function as designed. |
| (10) Slack adjuster nut self-locking sleeve. | (10) Adjusting nut self-locking sleeve does not function. |
F. Slack Adjuster (Push Rod) Travel. With the assistance of a second party, apply 85 psi in system and note rod travel.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) With brakes released, inspect angle of push rod and slack adjuster arm. | (1) Push rod and slack adjuster arm is less than 90 degrees when brakes are released. |
| (2) Measure push rod travel from limits in fully released to fully applied positions. | (2) Push rod travel exceeds limits in Table 1. |
| **TABLE 1** S-CAM BRAKES—PUSH ROD TRAVEL LIMITS ( *Dimensions in Inches* ) | | | |
| --- | --- | --- | --- |
| Type | Effective Area (Sq. In.) | Outside Diameter* (Inches) | Maximum Stroke (Inches) |
| BOLT TYPE BRAKE CHAMBER DATA | | | |
| A | 12 | 6-15/16 | 1-3/8 |
| B | 24 | 9-3/16 | 1-3/4 |
| C | 16 | 8-1/16 | 1-3/4 |
| D | 6 | 5-1/4 | 1-1/4 |
| E | 9 | 6-3/16 | 1-3/8 |
| F | 36 | 11 | 2-1/4 |
| G | 30 | 9-7/8 | 2 |
| ROTOCHAMBER DATA | | | |
| 9 | 9 | 4 -9/32 | 1-1/2 |
| 12 | 12 | 4-13/16 | 1-1/2 |
| 16 | 16 | 5-13/32 | 2 |
| 20 | 20 | 5-15/16 | 2 |
| 24 | 24 | 6-13/32 | 2 |
| 30 | 30 | 7-1/16 | 2-1/4 |
| 36 | 36 | 7-5/8 | 2-3/4 |
| 50 | 50 | 8-7/8 | 3 |
| CLAMP TYPE BRAKE CHAMBER DATA | | | |
| 6 | 6 | 4-1/2 | 1-1/4 |
| 9 | 9 | 5-1/4 | 1-3/8 |
| 12 | 12 | 5-11/16 | 1-3/8 |
| 16 | 16 | 6-3/8 | 1-3/4 |
| 20 | 20 | 6-25/32 | 1-3/4 |
| 24 | 24 | 7-7/32 | 1-3/4** |
| 30 | 30 | 8-3/32 | 2 |
| 36 | 36 | 9 | 2-1/4 |
| *Dimensions listed do not include cap screw head projections for rotochambers and bolt clamp projections for clamp type brake chambers. **2 inches for long stroke design. | | | |
| BENDIX WESTINGHOUSE | | | |
| DD2 | | | 2 |
| DD3 | | | 2 |
G. Wedge Brake. With the assistance of a second party, make a full brake application.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Measure total shoe movement from fully released to fully applied position. | (1) Brake shoe movement on wedge brakes exceeds 1/16 inch. |
H. Brake Camshafts.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect operation of brakes. | (1) Brake camshaft condition renders any brake inoperable. |
| (2) Inspect travel of brake cams. | (2) Any cam is on end or turns over when brakes are applied. |
| (3) Inspect for camshaft and bushing wear. | (3) There is more than 1/8 inch wear between camshaft and bushings. |
I. Brake Linings—Air Brakes. Visually inspect brake shoes. If shoes cannot be seen, removal of the lower portion of the dust cover is required.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence and condition of lining. | (1) Any lining is missing, cracked, broken, or not securely attached to the brake shoe. |
| (2) Measure thickness at center of shoe. It may be necessary to back off slack adjusters to make an accurate measurement. | (2) Brake lining thickness is worn to 1/4 inch or less at center of shoe. |
| (3) Visually inspect for contamination. | (3) Lining is contaminated with oil or grease. |
J. Brake Drums—Air Brakes.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect for damage and cracks. | (1) Any drum contains cracks in the friction surface which extend to the outer edge of the bore or any drum contains any external cracks. |
| (2) Removal of any wheel and brake drum is only required when a rejection occurs under §J(1). When any wheel and brake drum is removed, perform the inspection specified in §J(3). | (2) (Rejection not applicable in this step) |
| (3) Measure inside diameter of drum for wear and remachining. | (3) Any combination of wear and remachining exceeds the brake drum manufacturer's limits. If a limit is not available, the maximum combination of wear and remachining may not exceed 0.090 inch greater than the original inside diameter of the drum if the original diameter of the drum is 11 inches or less. For drums greater than 11 inches inside diameter, the maximum wear and remachining may not exceed 0.120 inch greater than the original inside diameter. |
K. Disc Brakes—Air.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect all calipers and rotor (disc) surfaces for oil or grease contamination. | (1) Oil or grease is evident on accessible surfaces of any caliper or rotor (disc). |
| (2) If brake linings are visible, visually inspect thickness of lining. | (2) Brake lining thickness appears to be 1/8 inch or less. |
| (3) If rotors (discs) are visible, visually inspect for cracks or damage. | (3) Any rotor is cracked or damaged. |
| (4) Removal of all wheels on an axle is only required when a rejection occurs under §K(2). Otherwise remove only the wheel where the defect is suspected. When wheels are removed, perform the inspections specified in §K(5)—(8). | (4) (Rejection not applicable in this step) |
| (5) Bonded Linings. (a) Measure thickness of lining at thinnest point. (b) Inspect lining condition. | (5) (a) Thinnest point of remaining lining is 1/8 inch or less. (b) Bonded lining is broken, cracked, loose, missing, wear is extremely uneven, or lining is contaminated with oil, grease, or brake fluid. |
| (6) Riveted Lining. (a) Measure thickness of lining at thinnest point above rivet head. (b) Inspect lining condition. | (6) (a) Thinnest point of remaining lining above a rivet head is 1/8 inch or less. (b) Lining or rivet is broken, cracked, loose, missing, wear is extremely uneven, or lining is contaminated with oil, grease, or brake fluid. |
| (7) Calipers. Visually inspect for damage and cracks. | (7) Caliper is leaking, fails to operate, or piston is seized, or anti-vibration springs are loose or missing. |
| (8) Rotors (Discs). (a) Visually inspect for damage and cracks. (b) Measure thickness of rotor for wear and remachining. | (8) (a) Any rotor is broken, cracked into the hub, or friction surface cracks extend to the periphery of the rotor. (b) Any combination of wear and remachining reduces the thickness of the rotor to less than the minimum thickness established by the manufacturer or that stamped on the rotor. |
L. Brakes—Electric.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect brakes for operation. | (1) Brakes do not function when electrical current is applied to the system. |
| (2) Inspect for broken, loose, or corroded terminals and connections. | (2) Terminals or connections are broken, loose, or corroded. |
| (3) Inspect wiring for brakes, worn or frayed insulation, and proper mounting. | (3) Wire is broken or insulation is worn or frayed to expose bare wire, or wiring is not supported to prevent rubbing, chafing, or contact with moving vehicle parts. |
M. Break Away (Emergency Brake).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Disconnect brake power from vehicle and observe brake emergency operation. | (1) Emergency brakes do not automatically apply and remain applied for at least 15 minutes when brake power is disconnected. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.04.06** Tires. {#sec-11.22.04.06 omnilex-key=us-md-regs-official--title-11--11.22.04.06}
A. Tire Inspection—Nonsteering Axle.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for Tire Wear. (a) Tires without tread indicators. (b) Tires with tread wear indicators. | (1) (a) Tire is worn so that less than 2/32 inch remains when measured in any two major grooves at three equally spaced intervals around circumference of a tire. (b) Tread wear indicator contacts the road in any two adjacent major grooves at three equally spaced intervals around circumference of a tire. |
| (2) Inspect for tread cuts, snags, or sidewall cracks. | (2) Tire has tread cuts or snags or sidewall cracks in any direction and deep enough to expose cord fabric. |
| (3) Inspect for exposed cord fabric. | (3) Tire has any part of the breaker strip or casing ply exposed in tread. |
| (4) Inspect for bumps, bulges, or knots. | (4) Tire has visible bump, bulge, or knot related to tread or sidewall separation. |
| (5) Inspect for patching. | (5) Tire has a boot, blowout patch, or other temporary ply repair. |
| (6) Inspect for tire matching. | (6) Bias ply and radial ply tires are mixed on same axle, or tires on same axle are not equivalent to size recommended by tire or vehicle manufacturer. |
| (7) Inspect for restricted usage. | (7) Tire is labeled “Not for Highway Use” or other labelling which excludes use on a highway vehicle. |
| (8) Inspect for regrooved or recut tires. | (8) Tire is regrooved or recut and regrooving or recutting is not permitted by tire manufacturer. |
| (9) Inspect for proper mounting. | (9) Tire has tire flap protruding through valve stem slot in rim. |
| (10) Inspect valves and valve stems for leaks and mounting. | (10) Valve stem leaks, is damaged due to misalignment, or is positioned to interfere with checking tire air pressure. |
| (11) Inspect for wheel and tire mounting. | (11) Tire or wheel contacts vehicle chassis or body. |
| (12) Inspect for weight limit rating. | (12) Gross vehicle axle weight exceeds tire load rating, which includes under-inflated tires. |
| (13) Inspect spare tire storage (if equipped). | (13) A spare tire is not properly secured. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.04.07** Wheels, Rims, Lock Rings, Studs, and Nuts. {#sec-11.22.04.07 omnilex-key=us-md-regs-official--title-11--11.22.04.07}
A. Wheels. Visually inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Disc Wheels. (a) Inspect for condition of wheels. (b) Inspect stud holes. | (1) (a) Wheel is broken, cracked, bent, warped, welded, or loose. (b) Any stud hole is elongated. |
| (2) Cast Wheels. (a) Inspect for condition of wheels. (b) Inspect stud holes. | (2) (a) Wheel is broken, cracked, bent, scraped, welded, loose, or clamping area is worn. (b) Any stud hole is elongated. |
B. Rims. Visually inspect for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Wheel and rim matching. | (1) Wheel and rim are mismatched. |
| (2) Damage. | (2) Rim is broken, cracked, bent, warped, or loose. |
C. Lock Rings.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for butted lock rings. | (1) Locking ring end clearance is less than 1/8 inch. |
D. Studs, Nuts, and Clamps. Inspect for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence and tightness. | (1) Stud, nut, or clamp is missing or loose. |
| (2) Thread engagement. | (2) Threads are cross-threaded or improperly engaged. |
| (3) Condition. | (3) Stud, nut, or clamp is broken, cracked, bent, welded, or seized. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.04.08** Vehicle Frame, Body, and Sheet Metal. {#sec-11.22.04.08 omnilex-key=us-md-regs-official--title-11--11.22.04.08}
A. Frame.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect frame for damage, deterioration, and improper welding. | (1) Frame is cracked, broken, bent, rusted to substantially weaken the frame, or frame is welded and not fishplated. |
| (2) On pole trucks inspect: (a) Cradle and cradle posts. (b) Nonwelded cradles. (i) Angle between cradles and cradle posts. (ii) Stake extension attachment. (iii) Gusset plate between stake and cradle. (iv) Gusset plate length. (v) All welds. (vi) Cradle welds. (vii) Stake welds. (viii) Stake and cradle hinge point. (ix) Overall cradle width. (c) Welded cradles. (i) Approval. (ii) Angle between stake and cradle is 90 degrees. (iii) All welds. | (2) (a) Cradle or cradle post is missing, broken, cracked, or extremely bent. (b) (i) Angle is greater than 90 degrees. (ii) Not securely mounted or not secured by a pin and rope wire stake line. (iii) Missing, broken, cracked, gusset plate less than 1/4 inch thickness, not inverted four section or double web design, vertical leg does not extend upwards beyond cable wrapper slot, corners of leg less than 1 inch radius, changes in sections not smooth and even, or gusset plate not overlapped on both sides of stake by at least 1 inch. (iv) Horizontal length is less than 18 inches and vertical length is less than 12 inches. (v) Not electric arc welds, inadequate root or sidewall fusion, slag included along line surface, roughness under cut, cracked, unfilled craters or porosity, or excessive reinforcement overlap. (vi) Fillet leg less than 1/4 inch. (vii) Welds present across inner face of stake at or near the gusset plate. (viii) All fraying surface between the cradle and stake (except pin) not welded, or welds have less than 3/8 inch leg. (ix) Overall width of cradle and wrapper exceeds 8 feet 6 inches. (c) (i) Design not approved by a professional engineer. (ii) Angle is greater than 90 degrees. (iii) Not electric arc welds, inadequate root or sidewall fusion, slag included along line surface, roughness under cut, cracked, unfilled craters or porosity, or excessive reinforcement overlap. |
| (3) On low bay trailers inspect: (a) Tie downs. (b) Loading ramp or ramps. (c) Equipment rails or pads and floor (when applicable). (d) Side rails. | (3) (a) Missing, broken, or cracked. (b) Ramp or hinges are broken or insecurely mounted. (c) Missing, broken, or loose. (d) Missing, broken, or loose. |
B. Frame Cross Members.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Visually inspect frame cross member for condition and attachment. | (1) Frame cross member or bolt is loose, missing, or damaged. |
C. Body Mounts.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for presence and condition of body mounts. | (1) Body mount or bolt is missing, cracked, loose, or body is not secured to the frame. |
D. Floors (if Applicable).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect floors for condition. | (1) Floor is rusted or weakened to a point it does not support persons or load or container, holes are greater than 6 square inches. |
E. Doors, Handles, Latches, and Hinges.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect doors for presence, attachment, and operation. | (1) Door is missing, loose, or does not readily open or securely close. |
| (2) Inspect door handles for presence and operation. | (2) Door handle is missing or does not permit opening or closing of door or tailgate. |
| (3) Inspect door catches for presence, condition, and operation. | (3) Door catch is missing, damaged, loose, or worn, or does not operate on primary or secondary catches. |
| (4) Inspect hinges for presence and condition. | (4) Hinge is missing, broken, loose, or does not permit door to properly open or close. |
F. Landing Gear (if Applicable).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect for: (a) Operation. (b) Condition. | (1) Landing gear is: (a) Inoperable, binding, or seized. (b) Broken, cracked, bent, or loose. |
G. Rear Protector (Mud) Flaps. Rear protector flaps are not required on a vehicle when the construction is such that complete freedom around the wheel
area is necessary to secure the designed use of the vehicle.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect rear protector flaps for presence, condition, size, and mounting when required. | (1) Rear protector flap is missing, loose, or does not extend the full width of tires, or the distance from flap to ground is more than 1/3 the distance from the protector flap to the center of the wheel. |
H. Sheet Metal.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect body sheet metal and moldings for tears, protruding or loose parts, and deterioration. | (1) Body parts and moldings have sharp or jagged edges, protrude to be hazardous, are loose, or body panel has a missing rivet or open seam. |
I. Rear Metal Frame. Each trailer and semitrailer, when operated on the highways, shall be equipped with a permanent metal frame attached to the underside of the rear of the trailer. The frame may not be wider than the width of the trailer and more than 30 inches above the highway, and shall be constructed of heavy gauge steel. The maximum The maximum transverse distance from the widest part of the vehicle at the rear to the frame may not exceed 18 inches. Any trailer or semitrailer so constructed and maintained that the body, chassis, or other parts afford the required protection is in compliance with this regulation. This regulation does not apply to pole trailers or trailers or semitrailers when the installation of the frame would prevent operation of the vehicle in fulfilling its designed use. The frame may not interfere with lights or other warning devices. Inspect rear metal frame for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence when required. | (1) Frame is missing when required. |
| (2) Construction. | (2) Frame is not constructed of heavy gauge steel. |
| (3) Attachment. | (3) Frame is not securely attached to the underside of rear of the vehicle. |
| (4) Condition. | (4) Frame is broken, cracked, or damaged, and does not afford required protection. |
| (5) Obstruction of lights or other warning devices. | (5) Frame obstructs or interferes with lights or other warning devices. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.04.09** Lighting. {#sec-11.22.04.09 omnilex-key=us-md-regs-official--title-11--11.22.04.09}
A. Tail Lamps. Inspect tail lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with at least one tail lamp on each side to the rear, or are not mounted as far apart as practical. |
| (2) Condition. | (2) Tail lamp does not function, does not emit a red light, or is not visible to rear. |
B. Stop Lamps. Inspect stop lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with at least two red or amber stop lamps. |
| (2) Condition. | (2) Stop lamp does not function, does not emit a red or amber light, or is not visible to the rear. |
C. Turn Signal Lamps. Inspect turn signal lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with two red or amber rear signal lamps, mounted as far apart as practical. |
| (2) Condition. | (2) Turn signal lamp is damaged, broken, cracked, or not securely mounted. |
| (3) Function. | (3) Turn signal lamp does not function as designed, or does not flash between 60 and 120 cycles per minute, or is not visible to front and rear. |
D. Hazard Warning Lamps. Inspect hazard warning lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with hazard warning lamps emitting red or amber light to rear. |
| (2) Condition. | (2) Hazard warning lamp is damaged, broken, cracked, or not securely mounted. |
| (3) Function. | (3) Hazard warning system does not function or permit simultaneous operation of all turn signal lamps, or is not visible to rear. |
E. Side Marker Lamps. Side marker lamps may function as both side marker and clearance lamps. Inspect side marker lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with two amber side marker lamps on front and two red side marker lamps on rear, mounted as high and as close to front and rear of vehicle as practical, or if vehicle is longer than 30 feet and is not equipped with an intermediate side marker lamp centrally located on the vehicle. |
| (2) Condition. | (2) Side marker lamp is damaged, broken, cracked, or not securely mounted. |
| (3) Function. | (3) Side marker lamp does not function or is not visible to the side. |
F. Clearance Lamps. Clearance lamps are not required on vehicles less than 80 inches in width or on rear of truck tractors. Inspect clearance lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) When required, vehicle is not equipped with at least two amber to the front and two red to the rear, mounted as far apart as practical. |
| (2) Condition. | (2) Clearance lamp is damaged, broken, cracked, or not securely mounted. |
| (3) Function. | (3) Clearance lamp does not function or is not visible to front or rear. |
G. Identification Lamps. Identification lamps are not required on vehicles less than 80 inches in width. Inspect identification lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) When required, vehicle is not equipped with three red identification lamps on the rear. |
| (2) Condition. | (2) Identification lamp is damaged, broken, cracked, or not securely mounted. |
| (3) Function. | (3) Any identification lamp does not function or is not visible to the front and rear. |
H. License Plate Lamp or Lamps. Inspect license plate lamp or lamps for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Presence. | (1) Not equipped with lamp or lamps to illuminate license plate. |
| (2) Condition. | (2) License plate lamp is damaged, broken, cracked, or not securely mounted. |
| (3) Function. | (3) License plate lamp does not function, emit a white light, or illuminate license plate. |
I. Additional Lamps (if Equipped).
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Back-up lamps. | (1) Back-up lamp functions when vehicle is moving forward, is not properly directed, or is not properly and securely mounted. |
J. Reflectors.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Rear. Visually inspect for presence and condition of reflectors. | (1) Not equipped with two red reflectors on the rear, mounted at the same height and is far apart as practical. |
| (2) Side Marker. Visually inspect for presence and condition of reflectors. | (2) Not equipped with one amber reflector on each side at or near the front, one red reflector on each side at or near the rear, or if vehicle is more than 30 feet long and is not equipped with an intermediate amber reflector centrally located. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.04.10** Electrical System. {#sec-11.22.04.10 omnilex-key=us-md-regs-official--title-11--11.22.04.10}
A. Wiring. Visually inspect wiring for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Condition. | (1) Insulation is broken, cracked, chafed, or connections are corroded. |
| (2) Mounting. | (2) Wiring is loose to permit contact with exhaust system or moving parts. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.04.11** Hitches and Coupling Devices. {#sec-11.22.04.11 omnilex-key=us-md-regs-official--title-11--11.22.04.11}
A. Upper Fifth Wheel Plate.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect fifth wheel plate condition for contamination and lubrication. | (1) Broken, cracked, loose, or has 1/8 inch or more wear, or coupling areas are contaminated with gravel, sand or dirt, or are not properly lubricated. |
B. Kingpin.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect kingpin condition. | (1) Kingpin is broken, cracked, loose, or deformed. |
| (2) Inspect kingpin wear. | (2) Kingpin is worn 1/8 inch or more. |
C. No-Slack Hitch. Apply air pressure to no-slack hitch before inspecting.
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Inspect cushion for movement and adjustment. | (1) Cushion does not move or is out of adjustment. |
| (2) Inspect for air leaks. | (2) There is an air leak at the chamber, a line, or connection. |
D. Converter Dolly and Fifth Wheel Structure. Inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Frame. | (1) Broken, cracked, warped, or contains broken or cracked welds or loose or missing bolts. |
| (2) Draw bar. | (2) Broken, cracked, deformed, or contains broken or cracked welds or loose or missing bolts. |
| (3) Eye or lunette. | (3) Broken, cracked, or excessively worn or repaired by welding. |
| (4) Fifth wheel mounting bolts. | (4) Broken, cracked, missing, or deformed. |
| (5) Plate. | (5) Broken, cracked, or lubrication grooves are missing. |
| (6) Saddle bushings. | (6) Horizontal movement exceeds 1/4 inch. |
| (7) Jaw and latch. | (7) Broken, cracked, seized, or wear exceeds 1/4 inch. |
E. Trailer Hitches. Inspect hitch for:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Mounting. | (1) Hitch is not securely attached. |
| (2) Condition. | (2) Any part is missing, bent, seized, or worn to a point where the hitch or components may separate. |
| (3) Latch. | (3) Latch fails to close and latch. |
| (4) Repairs. | (4) A cast or forged hitch has been welded. |
F. Secondary Attachments. Inspect for presence and condition of:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Safety chains or cables . | (1) Missing, broken, cracked, loose, attachment, or improper length. |
| (2) Cable clamps. | (2) Missing, broken, loose, improperly installed, or insufficient quantity. |
| (3) Hook. | (3) Missing, broken, cracked, or contains missing parts. |
| (4) Safety catches. | (4) Missing, broken, cracked, or operates improperly. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
##### **COMAR 11.22.04.12** Tanks and Pressure Vessels. {#sec-11.22.04.12 omnilex-key=us-md-regs-official--title-11--11.22.04.12}
A. Tanks. Inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Tank. | (1) Tank leaks, is cracked, or has broken welds. |
| (2) Valves. | (2) Any valve leaks, is loose, cap is missing, or emergency shutoff valve is inoperable. |
| (3) Hose or auxiliary attachment. | (3) Any hose or auxiliary attachment is loose or improperly mounted. |
| (4) Hatches. | (4) Any hatch is missing, loose, not securely attached, or latch is inoperable. |
| (5) Hatch hinges. | (5) Any hinge is missing, broken, seized, or otherwise inoperable. |
| (6) Signs and placards. | (6) Sign or placard is missing, not the required type, or is not legible. |
B. Pressure Vessels. Inspect:
| Procedures: | Reject Vehicle If: |
| --- | --- |
| (1) Tank. | (1) Tank leaks, is cracked, or contains a cracked or broken weld. |
| (2) Valves. | (2) Any valve leaks, is loose, cap is missing, or emergency shutoff valve is inoperable. |
| (3) Hoses. | (3) Any hose or auxiliary attachment is loose or improperly mounted. |
| (4) Signs and placards. | (4) Sign or placard is missing, not the required type, or is not legible. |
| (5) Metal certification plate. | (5) Metal certification plate is missing, illegible, or out of date. |
**History**
- *Administrative History: Effective date: January 8, 1990 (16:26 Md. R. 2796)*
- *Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland*
## **11.23.01** Drivers' Schools
##### **COMAR 11.23.01.01** Scope. {#sec-11.23.01.01 omnilex-key=us-md-regs-official--title-11--11.23.01.01}
This chapter applies to a business entity, organization, institution, or individual in the business of collecting a fee for providing instruction in the driving of motor vehicles.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.02** Definitions. {#sec-11.23.01.02 omnilex-key=us-md-regs-official--title-11--11.23.01.02}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Drivers' school” or “school” has the meaning set forth in Transportation Article, §15-701, Annotated Code of Maryland.
(3) “Driving instructor” has the meaning set forth in Transportation Article, §15-801, Annotated Code of Maryland.
(4) “Branch site” means a drivers' school business office, classroom, or training site used by a licensed school other than the primary business office, classroom, or training site.
(5) “Instructor license” or “driving instructor license” means a license issued by the Administration under Transportation Article, Title 15, Subtitle 8, Annotated Code of Maryland, that authorizes an individual to give instruction in driving a motor vehicle.
(6) “License” or “drivers' school license” means a license issued by the Administration under Transportation Article, Title 15, Subtitle 7, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.03** Drivers' School License. {#sec-11.23.01.03 omnilex-key=us-md-regs-official--title-11--11.23.01.03}
A. A driver school license issued by the Administration under Transportation Article, Title 15, Subtitle 7, Annotated Code of Maryland, authorizes a business entity, organization, institution, or individual to give instruction in the driving of motor vehicles in which a fee is collected.
B. A business entity, organization, institution, or individual requesting a license to provide instruction in the driving of motor vehicles shall:
(1) Submit an application to the Administration requesting licensure and approval to conduct specific courses; and
(2) Be licensed and receive approval from the Administration before conducting the approved courses.
C. A drivers' school license may not be transferred, sold, or assigned without written approval from the Administration. Assignment of all or substantially all of the school's assets, or any assignment of interest in the stock or shares of the business, that results in a transfer of control of that business, shall be considered an assignment.
D. A drivers' school may only provide the driver education program courses under Transportation Article, Title 16, Subtitle 5, Annotated Code of Maryland, if the school is:
(1) Licensed under this chapter; and
(2) Certified by the Administration under COMAR 11.23.02.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.04** Qualifications for Drivers' School License Applicants. {#sec-11.23.01.04 omnilex-key=us-md-regs-official--title-11--11.23.01.04}
A. An applicant for a drivers' school license:
(1) Shall be 21 years old or older;
(2) May not have a pending charge or criminal conviction for:
(a) Fraud in the operation of providing instruction;
(b) A crime of moral turpitude;
(c) A sex offense;
(d) Contributing to the delinquency of a minor; or
(e) An offense within the last 5 years involving:
(i) A controlled dangerous substance;
(ii) Alcohol or drugs while operating a motor vehicle; or
(iii) A felony while operating a motor vehicle;
(3) May not have an outstanding complaint or pending charge for alleged violations that, if proven, would constitute grounds to refuse, suspend, or revoke the school license under Transportation Article, §§15-109 and 15-709, Annotated Code of Maryland;
(4) May not have a conviction set forth in §A(2) of this regulation within 5 years preceding the application date;
(5) Shall have a valid federal and State tax identification number;
(6) May not have an unresolved past due tax or other financial obligation due to Maryland;
(7) Shall be in compliance with all the State and local requirements to be licensed and authorized to do business in Maryland; and
(8) Shall have a designated business office located in Maryland with posted business hours.
B. If the applicant for a school license is a partnership, corporation, or education institution, each individual responsible for the operation of the business shall meet the qualifications and requirements set forth in this regulation.
**Cross References**
11.23.01.11B(2)
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.05** Applying for a School License. {#sec-11.23.01.05 omnilex-key=us-md-regs-official--title-11--11.23.01.05}
A. A business entity, organization, institution, or individual requesting a drivers' school license shall submit an application to the Administration.
B. The application shall be signed by the authorized representative of the business entity, organization, or institution.
C. The application shall be completed, in its entirety, and be accompanied by:
(1) A nonrefundable application fee set forth in COMAR 11.11.05;
(2) A description of the type of driving instruction that will be provided;
(3) A list of instructors, including qualifications, certifications, and education requirements for teaching the courses;
(4) A complete detailed copy of the curriculum that identifies:
(a) A detailed course description;
(b) The performance objectives to be achieved;
(c) The topic areas to be covered;
(d) A detailed description of the instruction that shall be completed in each unit or section;
(e) The standards for successful completion;
(f) The list of audiovisual materials to be used;
(g) The textbooks and reference materials to be used;
(h) Copies of the examinations, including knowledge and skill portions; and
(i) The typical course schedule of sessions;
(5) A description of the eligibility requirements to enroll and participate in the courses;
(6) A description of the course schedule that includes the:
(a) Number of hours per session;
(b) Number of sessions; and
(c) Normal times of day the course will be conducted;
(7) Documentation acceptable to the Administration that the applicant has:
(a) Workers' Compensation and Unemployment insurance for all school employees;
(b) General liability insurance covering all business offices and classroom sites for the protection of individuals using the premises and equipment during the program instruction; and
(c) A surety bond in the amount set forth in Transportation Article, §15-705, Annotated Code of Maryland;
(8) A list of each training vehicle to be used by the school for instruction to include:
(a) The vehicle's year, make, registration plate number, and vehicle identification number;
(b) Except for a new vehicle titled in the past year from a manufacturer's certificate of origin, a copy of the certificate of inspection issued within the last 3 months by a Maryland authorized inspection station;
(c) A copy of the insurance certificate showing evidence of current required vehicle liability coverage; and
(d) The safety equipment installed in each vehicle; and
(9) A statement certifying under penalty of perjury the applicant has never had a drivers' school license revoked in Maryland or any other state.
D. The Administration may waive the drivers' school application fee, license fee, renewal fee, and the surety bond requirement for an educational institution that:
(1) Offers the instruction as part of the normal school-day curriculum; and
(2) Does not charge a fee for conducting the approved course.
E. A separate application accompanied by all the required documentation shall be submitted for each drivers' school business office, classroom, or training site.
F. A drivers' school license may only be issued by the Administration if:
(1) All the requirements set forth in this chapter have been met; and
(2) The applicant has successfully completed the orientation conducted by the Administration.
**Cross References**
11.23.01.23B
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.06** Branch School License. {#sec-11.23.01.06 omnilex-key=us-md-regs-official--title-11--11.23.01.06}
A. A business office, classroom, or training site at a location other than the primary site listed in the drivers' school license application shall be separately licensed as a branch before use by a school.
B. The application for a branch license shall be submitted to the Administration on a form required by the Administration.
C. The application shall be signed and certified by the school's owner or authorized representative of the business entity, organization, or institution.
D. An applicant shall pay the fee set forth in COMAR 11.11.05 for the initial issuance and for each renewal of a branch license.
E. A branch license may only be issued by the Administration when all the requirements set forth in this regulation have been met.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.07** Operational Requirements for a Drivers' School License. {#sec-11.23.01.07 omnilex-key=us-md-regs-official--title-11--11.23.01.07}
A. A drivers' school licensed by the Administration shall:
(1) Display the school's license in a conspicuous place in the business office;
(2) Use only school training vehicles approved by the Administration;
(3) Use only the curricula, instructional materials, quizzes, tests, and forms approved by the Administration;
(4) Make operation and student records available for inspection by the Administration during the school's posted business hours;
(5) Comply with:
(a) Nondiscrimination requirements in providing services without regard to race, creed, color, age, gender, sexual orientation, national origin, marital status, disabilities, or any other classification required under local, State, and federal laws and regulations including, but not limited to the Americans with Disabilities Act;
(b) Any decisions, direction, or findings made by a federal or State agency as the result of any complaint filed with these agencies asserting a violation of any local, State, or federal law; and
(c) All State and local building, zoning, fire and safety regulations, codes and standards for use as a business office or classroom, including a posted certificate in the current business owner's name, identifying the maximum occupant capacity for all business offices used to conduct business and all classrooms used for instruction or to administer tests;
(6) Report, in writing, to the Administration within 30 days any changes in the information supplied in the latest application or renewal form, including information on any training vehicles or information on any instructors terminated or no longer employed by the school;
(7) Maintain at all times:
(a) An Administration approved business office located in Maryland;
(b) Workers' Compensation and Unemployment insurance continuously in force for all school employees;
(c) General liability insurance continuously in force for the protection of individuals using the premises and equipment during the program; and
(d) A surety bond continuously in force in the amount set forth in Transportation Article, §15-705, Annotated Code of Maryland; and
(8) Ensure that each class is conducted in only one language, excluding sign language.
B. Each school owner and individuals responsible for the operation of the business shall have no pending charges or criminal convictions for:
(1) Fraud in the operation of providing instruction;
(2) A sex offense;
(3) A crime of moral turpitude;
(4) Contributing to the delinquency of a minor;
(5) An offense involving a controlled dangerous substance;
(6) An offense involving alcohol or drugs while operating a motor vehicle; or
(7) A felony involving the use of a motor vehicle.
C. A drivers' school licensed by the Administration may not:
(1) Endanger an employee, a student, or instructor;
(2) Subcontract any portion of the program without prior approval from the Administration; or
(3) Use any publication or advertisement that is false, deceptive, or misleading.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.08** Record and Report Requirements for a Drivers' School. {#sec-11.23.01.08 omnilex-key=us-md-regs-official--title-11--11.23.01.08}
A. A drivers' school shall maintain for 3 years in a secure location, in hard copy or electronic format, records and reports of all business activities of the school. These records shall include:
(1) Instructor employment records;
(2) Training vehicle insurance, maintenance, inspection, and registration records;
(3) Surety bond certificates;
(4) Results of tests and evaluations administered to each student;
(5) The number of students trained annually; and
(6) Signed student rights and responsibilities forms provided in accordance with COMAR 11.23.02.08E.
B. Records shall be made available to the Administration during the school's posted business hours.
C. If the records of a drivers' school become lost, mutilated, or destroyed, the school shall notify the Administration immediately, in writing, and state the date and circumstances involving the loss, mutilation, or destruction of the records.
D. A school shall immediately notify the Administration of any vehicular crash involving a training vehicle resulting in a fatality.
E. Effective January 1, 2010, a school shall electronically submit an annual report to the Administration by January 31st for the previous calendar year in the format required by the Administration. The report shall include the number of students trained annually and each student's name, soundex or license number, and date of birth.
**Cross References**
11.23.01.11B(2)
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.09** Renewing a Drivers' School License. {#sec-11.23.01.09 omnilex-key=us-md-regs-official--title-11--11.23.01.09}
A. A drivers' school license and branch license is valid for 2 years from the date issued.
B. A drivers' school license automatically expires at the end of 2 years unless renewed by the Administration in accordance with the requirements set forth in this regulation.
C. To apply for the renewal of a school license, a school shall be in compliance with all the laws, rules, regulations, and policies governing the program.
D. An applicant for the renewal of a school license shall submit a completed renewal application to the Administration accompanied by:
(1) The required license fee set forth in COMAR 11.11.05; and
(2) Documentation acceptable to the Administration that the applicant has:
(a) Workers' Compensation and Unemployment insurance for all school employees;
(b) General liability insurance covering all business offices and classroom sites for the protection of individuals using the premises and equipment during the program instruction; and
(c) A surety bond in the amount set forth in Transportation Article, §15-705, Annotated Code of Maryland.
E. Before the Administration approves a renewal, a licensed school shall resolve pending charges and complaints and take appropriate remedial action while the current license is in force.
F. A school license shall expire on the expiration date if the completed application for renewal is not received by the Administration at least 2 calendar weeks before expiration, as set forth in State Government Article, §10-226, Annotated Code of Maryland.
G. A licensed school that submits a renewal application to the Administration after the license has expired shall reapply for a license and meet all the application requirements for a license set forth in this chapter.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.10** Replacing a Drivers' School License. {#sec-11.23.01.10 omnilex-key=us-md-regs-official--title-11--11.23.01.10}
A. A school may request a duplicate license to replace one that has been lost, stolen, mutilated, or destroyed.
B. To obtain a duplicate license, the school shall:
(1) Submit a request for a duplicate license on a form required by the Administration, to include the date and circumstances involving the loss, theft, mutilation, or destruction of the license;
(2) If mutilated, surrender the mutilated license; and
(3) Pay the duplicate license fee set forth in COMAR 11.11.05.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.11** Refusing, Suspending, or Revoking a Drivers' School License. {#sec-11.23.01.11 omnilex-key=us-md-regs-official--title-11--11.23.01.11}
A. Under Transportation Article, §15-109, Annotated Code of Maryland, the Administration may after notice and hearing suspend, revoke, or refuse to renew a drivers' school license or, after notice and opportunity for hearing, issue a drivers' school license, if the Administration finds that the school has failed to comply with any of the requirements pertaining to the program and school license set forth in this chapter or under Transportation Article, Title 15, Subtitle 7, Annotated Code of Maryland.
B. The Administration shall after notice and hearing refuse to renew or, after notice and opportunity for hearing, issue an initial school license, if the school or applicant:
(1) Provides fraudulent, inaccurate, or incomplete information on required applications, forms, reports, or other required documents; or
(2) Fails to meet any of the requirements set forth in Regulations .04 — .08 of this chapter.
C. A most serious violation, when committed by a school owner or individual responsible for the operation of the business, shall result in a fine of $1,000 for each offense and other disciplinary action. Any second most serious violation shall result in a revocation of the school's license.
D. The most serious violations include a charge for:
(1) Fraud in the operation of providing instruction;
(2) A sex offense;
(3) A crime of moral turpitude;
(4) Contributing to the delinquency of a minor;
(5) An offense involving a controlled dangerous substance;
(6) An offense involving alcohol or drugs while operating a motor vehicle;
(7) A felony involving the use of a motor vehicle;
(8) Acting in a manner that is unsafe for students participating in the program; or
(9) Allowing an individual to provide instruction in the operation of a motor vehicle while the instructor license is refused, suspended, or revoked.
E. Except as provided in §D of this regulation, all other violations set forth in this regulation shall be considered a serious violation.
F. The Administration shall take progressive disciplinary action for any serious violation. The disciplinary action may include a conference, fines, or a suspension or revocation of a school's license.
G. If the Administration refuses to renew, suspends, or revokes a school's license, the school shall have the right to a hearing, as set forth in Transportation Article, §15-110, Annotated Code of Maryland.
H. A school whose license has been suspended or revoked shall immediately:
(1) Surrender the school's license to the Administration;
(2) Stop conducting courses and all school operations; and
(3) Refund the fees paid by the students who enrolled in the courses as follows:
(a) Refund 100 percent of the fees paid if instruction has not started or if the first class of a course was not completed; and
(b) In all other cases, refund a prorated amount based on the portion of courses that have not been completed.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.12** Driving Instructor License. {#sec-11.23.01.12 omnilex-key=us-md-regs-official--title-11--11.23.01.12}
A. Under Transportation Article, Title 15, Subtitle 8, Annotated Code of Maryland, an individual shall be licensed by the Administration as a driving instructor in order to provide instruction in driving of motor vehicles if the individual receives or expects to receive compensation for the instruction.
B. A licensed instructor may not provide instruction in the driving of a motor vehicle for compensation unless employed by a drivers' school licensed by the Administration.
C. An individual may be licensed by the Administration to provide:
(1) Behind-the-wheel instruction only;
(2) Classroom instruction only; or
(3) Both classroom and behind-the-wheel instruction.
D. A driving instructor license may not be transferred, sold, or assigned.
E. A driving instructor may only teach the driver education program courses under Transportation Article, Title 16, Subtitle 5, Annotated Code of Maryland, if licensed under this chapter and certified by the Administration under COMAR 11.23.02.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.13** Qualifications for a Driving Instructor License. {#sec-11.23.01.13 omnilex-key=us-md-regs-official--title-11--11.23.01.13}
A. An individual applying for a driving instructor license:
(1) Shall be 21 years old or older;
(2) Shall possess a high school certificate of graduation, its equivalent, or a college degree;
(3) Shall possess a valid driver's license issued by Maryland or another state to drive the class of vehicle in which instruction is to be given, and have no driving restrictions, except for:
(a) Corrective lenses; or
(b) A restriction issued under Transportation Article, §16-203, Annotated Code of Maryland, for child support arrearages;
(4) May not have more than four active points on their current driving record;
(5) May not have a pending charge or criminal conviction for:
(a) Fraud in the operation of providing instruction;
(b) A crime of moral turpitude;
(c) A sex offense;
(d) Contributing to the delinquency of a minor; or
(e) Any offense within the last 3 years involving:
(i) A controlled dangerous substance;
(ii) Alcohol or drugs while operating a motor vehicle; or
(iii) A felony while operating a motor vehicle;
(6) May not have a pending charge or criminal conviction for any offense within the last 3 years:
(a) Involving a controlled dangerous substance;
(b) Involving alcohol or drugs while operating a motor vehicle; and
(c) For any felony involving the use of a motor vehicle;
(7) May not have a reportable medical condition; and
(8) May not have an outstanding criminal complaint or charge for an alleged violation that if proved would constitute grounds for refusal, cancellation, suspension, or revocation of the instructor's certification, driver's license, or driving instructor's license.
B. An individual applying for an instructor license shall meet all the requirements for licensure before submitting an application to the Administration.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.14** Background Checks. {#sec-11.23.01.14 omnilex-key=us-md-regs-official--title-11--11.23.01.14}
A. Under Transportation Article, §15-804, Annotated Code of Maryland, an individual applying for a driving instructor license or renewal of a driving instructor license shall be fingerprinted and have a State and national criminal background check conducted by the Criminal Justice Information System (CJIS) Central Repository of the Department of Public Safety and Correctional Services.
B. The applicant shall:
(1) Be fingerprinted at an official site that provides electronic digital fingerprinting, to include:
(a) An official CJIS Central Repository site; or
(b) A CJIS Central Repository approved private provider;
(2) Pay the required fee, including the fee authorized under Criminal Procedure Article, §10-221(b), Annotated Code of Maryland, for access to criminal history records; and
(3) Obtain a dated official receipt verifying that fingerprinting has been completed and a criminal background check has been requested.
C. In accordance with Criminal Procedure Article, §§10-201—10-234, Annotated Code of Maryland, the CJIS Central Repository shall forward to the Administration the applicant's criminal history record information.
D. Information received by the Administration on an applicant from the CJIS Central Repository shall be:
(1) Confidential and may not be disseminated; and
(2) Used only to determine the eligibility or disqualification of a driving instructor license or renewal of the driving instructor license.
E. An individual subject to a criminal background check under this regulation may contest the contents of the printed statement issued by the CJIS Central Repository as provided in Criminal Procedure Article, §10-223, Annotated Code of Maryland.
F. An applicant otherwise qualified by the Administration for an instructor license, may begin providing instruction:
(1) Pending the receipt of satisfactory data on their criminal history record, as set forth in Regulation .16 of this chapter; and
(2) Only while under the direct supervision of a licensed instructor, with a minimum of 2 years teaching experience.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.15** Applying for a Driving Instructor License. {#sec-11.23.01.15 omnilex-key=us-md-regs-official--title-11--11.23.01.15}
A. A licensed school shall ensure that a prospective driving instructor's application is complete and contains all the required documents and information.
B. The application for licensing shall be submitted to the Administration accompanied by:
(1) The license fee set forth in COMAR 11.11.05;
(2) Documentation of the successful completion of the required training and certification to teach the courses;
(3) A copy of the applicant's high school certificate, its equivalent, or college degree;
(4) A dated official receipt verifying that fingerprinting has been completed and a criminal background check has been requested;
(5) A copy of the applicant's driving record for the past 3 years issued by the driving license authority of the applicant's state of licensure;
(6) Certification by the applicant there are no reportable medical conditions; and
(7) A statement certifying under penalty of perjury whether the applicant has ever had a drivers' school instructor license or school certification revoked in Maryland or any other state.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.16** Driving Instructor License Requirements. {#sec-11.23.01.16 omnilex-key=us-md-regs-official--title-11--11.23.01.16}
A. An instructor license may not be transferred, sold, or assigned.
B. A driving instructor identification badge shall be issued by the Administration to a licensed instructor at the time of licensure.
C. The driving instructor identification badge shall be worn by the instructor, in full view at all times, when functioning in the capacity of an instructor.
D. An instructor:
(1) Shall teach the courses in accordance with the program curriculum approved by the Administration for the licensed school;
(2) Shall maintain a valid driver's license to drive the class of vehicle in which instruction is to be given with no driving restrictions, except for:
(a) Corrective lenses; or
(b) A restriction issued under Transportation Article, §16-203, Annotated Code of Maryland, for child support arrearages;
(3) May not have more than four active points on their current driving record;
(4) Shall maintain satisfactory data on their criminal history record, which means having no pending charges or criminal convictions for:
(a) Fraud;
(b) A crime of moral turpitude;
(c) A sex offense;
(d) Contributing to the delinquency of a minor;
(e) An offense involving a controlled dangerous substance;
(f) An offense involving alcohol or drugs while operating a motor vehicle; or
(g) A felony involving the use of a motor vehicle;
(5) Shall disclose any reportable medical conditions;
(6) Shall report to the Administration, in writing, any change in the information supplied in the latest application or renewal form within 30 days of any change; and
(7) Shall continuously follow all the requirements of this chapter.
**Cross References**
11.23.01.14F(1)
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.17** Renewing a Driving Instructor License. {#sec-11.23.01.17 omnilex-key=us-md-regs-official--title-11--11.23.01.17}
A. An instructor license is valid for 2 years from the date issued and shall automatically expire at the end of 2 years, unless renewed by the Administration in accordance with the requirements set forth in this chapter.
B. To qualify for renewal of an instructor license, the instructor shall:
(1) Have demonstrated proficiency in teaching the approved curriculum of instruction; and
(2) Submit a renewal application on a form required by the Administration, accompanied by:
(a) The required license fee set forth in COMAR 11.11.05; and
(b) Certification from the licensed school that the instructor is in compliance with all the laws, regulations, policies, and rules governing providing instruction in the operating of a motor vehicle.
C. Before the Administration approves a renewal, a licensed instructor shall resolve pending charges and complaints and take appropriate remedial action while the current license remains in force.
D. An instructor license shall be considered expired on the expiration date if the completed application for renewal was not received by the Administration at least 2 calendar weeks before expiration, as set forth in State Government Article, §10-226, Annotated Code of Maryland.
E. Any instructor who submits a renewal application to the Administration after the license has expired shall:
(1) Reapply for a license and meet all the license application requirements; and
(2) Demonstrate proficiency in teaching the approved curriculum of instruction, as determined by the Administration.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.18** Replacing a Drivers' School Instructor Badge. {#sec-11.23.01.18 omnilex-key=us-md-regs-official--title-11--11.23.01.18}
A. Upon request the Administration may issue a duplicate driving instructor badge to replace one that has been lost, stolen, mutilated, or destroyed.
B. To obtain a duplicate driving instructor badge, the instructor shall:
(1) Submit an application for a duplicate license on a form required by the Administration, to include the date and circumstances involving the loss, theft, mutilation, or destruction of the badge;
(2) If mutilated, surrender the mutilated license; and
(3) Pay the duplicate license fee set forth in COMAR 11.11.05.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.19** Refusing, Suspending, or Revoking a Driving Instructor License. {#sec-11.23.01.19 omnilex-key=us-md-regs-official--title-11--11.23.01.19}
A. Under Transportation Article, §15-109, Annotated Code of Maryland, the Administration may, after notice and hearing, suspend, revoke, or refuse to renew a driving instructor license or, after notice and opportunity for hearing, refuse to issue an initial instructor license if the Administration finds that the instructor or applicant failed to comply with any of the requirements pertaining to driving instruction and the instructor license as set forth in this chapter or under Transportation Article, Title 15, Subtitle 8, Annotated Code of Maryland.
B. The Administration shall, after notice and hearing, refuse to renew or, after notice and opportunity for hearing, refuse to issue an initial instructor's license, if the instructor or applicant:
(1) Provides fraudulent, inaccurate, or incomplete information on required applications, forms, reports, or other required documents; or
(2) Does not meet the requirements for license instructors set forth in this chapter.
C. Violations committed by a licensed instructor considered most serious shall result in a fine to the instructor of $1,000 for each offense and other disciplinary action. A second most serious violation shall result in a revocation of the instructor license.
D. Most serious violations include a charge for:
(1) Fraud in the operation of providing instruction;
(2) A sex offense;
(3) A crime of moral turpitude;
(4) Contributing to the delinquency of a minor;
(5) An offense involving a controlled dangerous substance;
(6) An offense involving alcohol or drugs while operating a motor vehicle;
(7) A felony involving the use of a motor vehicle;
(8) Acting in a manner that is unsafe for students participating in the program;
(9) Permitting instruction in the operation of a motor vehicle while an instructor's license is refused, suspended, or revoked;
(10) Failure of an instructor to maintain a valid driver's license to drive the class of vehicle in which instruction is to be given, with no driving restrictions, except for:
(a) Corrective lenses; or
(b) A restriction issued under Transportation Article, §16-203, Annotated Code of Maryland, for child support arrearages; or
(11) Providing instruction with more than four active points on the instructor's current driving record.
E. Except as provided in §D of this regulation, all other violations set forth in this regulation shall be considered a serious violation.
F. The Administration shall take progressive disciplinary action for any serious violation. The disciplinary action may include a conference, fines, or suspension or revocation of an instructor's license.
G. An individual whose instructor license has been suspended or revoked shall immediately:
(1) Surrender the instructor license badge to the Administration; and
(2) Stop conducting instruction and refrain from any involvement in the program.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.20** Drivers' School Business Office Requirements. {#sec-11.23.01.20 omnilex-key=us-md-regs-official--title-11--11.23.01.20}
A. A business office of a licensed drivers' school shall:
(1) Be its principal place of business having a legal Maryland address;
(2) Comply with all State and local building, zoning, fire and safety regulations, codes, and standards for use as a business office;
(3) Be equipped with:
(a) A telephone with either voicemail or an answering machine; and
(b) A computer with email access;
(4) Clearly identify and display the drivers' school's name on an exterior sign, a lobby listing, or interior door sign;
(5) Be open for business to the public and open for inspection by the Administration during posted business hours; and
(6) Be clean, orderly, and suitable for conducting business.
B. A drivers' school business office shall be inspected and approved by the Administration before a drivers' school license is issued.
C. A drivers' school business office being relocated within the same building or being moved to a different site shall be inspected and approved by the Administration before being used by the drivers' school as a business office.
D. The following shall be prominently displayed in the school's business office:
(1) The drivers' school license;
(2) Office hours;
(3) Fees for courses and remedial or additional training;
(4) Procedure for obtaining refunds from the school; and
(5) Procedures for filing complaints about the school with the Administration.
E. An office shall be in a permanent building at a fixed location with a legal business address.
F. A portable structure, preengineered building, or mobile home is a permanent building if it:
(1) Is installed on a permanent foundation with conventional utility hookups; and
(2) Has been approved by the Administration.
G. If the physical design of a building requires that the classroom and adjacent business office share the same space, the business office hours shall be adjusted so that the office is not open to the public while classes are in session.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.21** Classroom Requirements. {#sec-11.23.01.21 omnilex-key=us-md-regs-official--title-11--11.23.01.21}
A. Classrooms shall be inspected and approved by the Administration before being used for instruction.
B. Classrooms in educational institutions regulated by the Maryland State Department of Education or the Maryland Higher Education Commission need not be inspected by the Administration.
C. A classroom shall:
(1) Be in a permanent building at a fixed location with an actual address for delivery of mail that is not a post office box or mail drop address;
(2) Comply with all State and local building, zoning, fire and safety regulations, codes and standards, for use as a classroom, including an up-to-date posted certificate identifying the maximum occupant capacity for all classrooms used for instruction or to administer tests;
(3) Meet the Americans with Disabilities Act (ADA) requirements;
(4) Have adequate student seating and writing surfaces, an instructor's desk or podium, and room for storage of materials;
(5) Have heating, ventilation, and air-conditioning systems in good repair that keep students comfortable while classroom sessions are being conducted;
(6) Be clean, orderly, and suitable for conducting instruction; and
(7) Be free from visible or audible activities other than instructional activities.
D. A portable structure, preengineered building, or mobile home is a permanent building if it:
(1) Is installed on a permanent foundation with conventional utility hookups; and
(2) Has been approved by the Administration.
E. A classroom being relocated within the same building and a classroom being moved to a different site shall be inspected and approved by the Administration before being used for instruction.
F. If the physical design of the building requires that a classroom and an adjacent business office share the same space, the business office hours shall be adjusted so that the office is not open to the public while classes are in session.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.22** Training Vehicle Requirements. {#sec-11.23.01.22 omnilex-key=us-md-regs-official--title-11--11.23.01.22}
A. A licensed drivers' school shall provide appropriately equipped training vehicles that comply with this regulation for instruction in driving motor vehicles.
B. Except as otherwise provided in §C of this regulation or with prior approval by the Administration, all training vehicles shall be titled and registered in the name of the driving school.
C. A drivers' school:
(1) Shall maintain motor vehicle liability insurance on each training vehicle in the amount set forth in Transportation Article, §17-103, Annotated Code of Maryland;
(2) Shall service, clean, and maintain training vehicles on a regular schedule;
(3) Shall have a training vehicle inspected annually by a licensed State inspection station;
(4) Shall immediately remove from service a training vehicle with any condition that is not in compliance with Maryland inspection standards; and
(5) May not use a training vehicle for instruction unless it has passed the annual Maryland inspection, except for a new vehicle titled in the past year from a manufacturer's certificate of origin.
D. A copy of the annual State inspection certificate for a training vehicle shall be submitted within 1 business day to the Administration and the original certificate shall be filed at the school's business office.
E. The vehicle registration card and a copy of the required insurance certificate for a training vehicle shall be kept in the training vehicle's glove compartment.
F. Signs or other devices the Administration determines may interfere with the safe operation of the vehicle may not be attached or affixed to a training vehicle and shall be removed immediately at the direction of the Administration.
G. A drivers' school shall notify the Administration, in writing, within 1 business day of the addition or removal of a training vehicle by providing:
(1) The vehicle's year, make, tag number, and vehicle identification number; and
(2) Insurance and inspection certificates required under §§D and E of this regulation, if a training vehicle is being added.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.23** Approving Course Curriculum. {#sec-11.23.01.23 omnilex-key=us-md-regs-official--title-11--11.23.01.23}
A. The curriculum used for giving instruction in driving motor vehicles shall be approved by the Administration before a drivers' school provides instruction using that curriculum.
B. A drivers' school giving instruction in driving motor vehicles may only use the curriculum approved by the Administration and shall include the components set forth in Regulation .05C of this chapter.
C. Any revisions and modifications to a curriculum shall be approved by the Administration before being used for instruction.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
##### **COMAR 11.23.01.24** Quality Control. {#sec-11.23.01.24 omnilex-key=us-md-regs-official--title-11--11.23.01.24}
The Administration may conduct unannounced visits and audits of licensed drivers' schools to evaluate compliance with laws, regulations, standards, and the quality of instruction.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation 05C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 07A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 08A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation 09D amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 15-102—15-111, 15-701—15-710, and 15-801—15-807, Annotated Code of Maryland*
## **11.23.02** Driver Education Program
##### **COMAR 11.23.02.01** Purpose. {#sec-11.23.02.01 omnilex-key=us-md-regs-official--title-11--11.23.02.01}
The purpose of this chapter is to establish requirements, procedures, and standards to administer the driver education program under Transportation Article, §16-505, Annotated Code of Maryland. The regulations in this chapter establish:
A. The requirements and procedures for the certification of:
(1) A business entity, organization, institution, or individual to provide the driver education program required to obtain a noncommercial driver's license; and
(2) Instructors to teach the driver education program; and
B. Standards for monitoring certified schools and instructors to:
(1) Ensure the quality, content, and availability of the driver education program; and
(2) Evaluate the effectiveness of the driver education program.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.02** Scope. {#sec-11.23.02.02 omnilex-key=us-md-regs-official--title-11--11.23.02.02}
This chapter applies to the Administration's certification and monitoring of certified schools and instructors that provide the driver education program an individual is required to complete to obtain a noncommercial driver's license.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.03** Definitions. {#sec-11.23.02.03 omnilex-key=us-md-regs-official--title-11--11.23.02.03}
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration” means the Motor Vehicle Administration.
(2) “Apprentice instructor” means an individual authorized by the Administration to give instruction in the driver education program courses under the supervision and mentoring of an experienced certified driver education instructor.
(3) “Day” means calendar day.
(4) “Driver education course” has the meaning stated in Transportation Article, §16-501, Annotated Code of Maryland.
(5) “Driver education instructor” or “certified instructor” has the meaning stated in Transportation Article, §16-501, Annotated Code of Maryland.
(6) “Driver education program” or “program” has the meaning stated in Transportation Article, §16-501, Annotated Code of Maryland.
(7) “Driver education school” or “certified school” has the meaning stated in Transportation Article, §16-501, Annotated Code of Maryland.
(8) “Instructor certification courses” means the training courses approved by the Administration that an individual is required to complete to obtain certification by the Administration to teach the driver education program.
(9) “Instructor trainer” means an individual trained and approved by the Administration to conduct the approved instructor certification courses.
(10) “Program completion certification” or “driver education program completion certification” means the documentation or electronic information submitted by a certified school to the Administration that verifies an individual has successfully completed the driver education program.
(11) “Reportable medical condition” means any medical disorder set forth in COMAR 11.17.03.02-1 that an applicant for a driver's license, if diagnosed as having, is required to report to the Administration.
(12) “School” means a business entity, organization, institution, or individual authorized to provide the driver education program, whether or not the program or courses are conducted for profit.
(13) “School certification” means the approval issued by the Administration that authorizes a drivers' school to conduct the driver education program required to obtain a noncommercial driver's license.
(14) “Student” means an individual enrolled in a driver education program.
(15) “Supervision” means the act of mentoring by an experienced instructor to oversee and provide guidance to an inexperienced instructor.
(16) “Training vehicle” means a passenger vehicle used to teach the behind-the-wheel instruction of the driver education program.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.04** School Certification. {#sec-11.23.02.04 omnilex-key=us-md-regs-official--title-11--11.23.02.04}
A. A school certification issued by the Administration authorizes a school to offer the driver education program.
B. A school shall receive certification from the Administration before offering the driver education program.
C. The Administration may certify the following business entities, organizations, institutions, or individuals as schools to provide the driver education program:
(1) Licensed drivers' schools;
(2) Public and private school systems;
(3) Community colleges;
(4) Colleges and universities; and
(5) Organizations that provide instruction for students with special needs.
D. A school certification may not be transferred, sold, or assigned without written approval from the Administration. Assignment of all or substantially all of the school's assets, or any assignment of interest in the stock or shares of the business, that results in a transfer of control of that business, shall be considered an assignment.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.05** Qualifications for School Certification Applicants. {#sec-11.23.02.05 omnilex-key=us-md-regs-official--title-11--11.23.02.05}
A. An applicant for an initial school certification:
(1) Shall be 21 years old or older;
(2) Shall be licensed as a drivers' school under Transportation Article, Title 15, Subtitle 7, Annotated Code of Maryland, and be in compliance with all the laws, rules, regulations, and policies pertaining to the drivers' school license;
(3) May not have any pending charges or criminal convictions for:
(a) Fraud;
(b) A crime of moral turpitude;
(c) A sex offense;
(d) Contributing to the delinquency of a minor; or
(e) An offense within the last 5 years involving:
(i) A controlled dangerous substance;
(ii) Alcohol or drugs while operating a motor vehicle; or
(iii) A felony while operating a motor vehicle;
(4) May not have any outstanding complaints or pending charges for alleged violations that, if proven, would constitute grounds to refuse, suspend, or revoke the school's:
(a) Certification under Transportation Article, §16-506, Annotated Code of Maryland; or
(b) License under Transportation Article, §15-109, Annotated Code of Maryland;
(5) Shall have a valid federal and State tax identification number;
(6) May not have any unresolved past due tax or other financial obligation due to Maryland; and
(7) Shall be in compliance with all the State and local requirements to be licensed and authorized to do business in Maryland.
B. If an applicant for a school certification is a partnership, corporation, or education institution, each individual responsible for the operation of the program shall meet the qualifications and requirements set forth in this regulation.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.06** Applying for a School Certification. {#sec-11.23.02.06 omnilex-key=us-md-regs-official--title-11--11.23.02.06}
A. A business entity, organization, institution, or individual shall submit an application to the Administration requesting certification as a driver education school.
B. The application shall be signed by the authorized representative of the business entity, organization, or institution requesting the certification.
C. The application shall be completed, in its entirety, and be accompanied by:
(1) Documentation acceptable to the Administration that:
(a) The applicant has at least one business office located in Maryland with posted business hours; and
(b) The business office used by the applicant to conduct business and all classrooms used for instruction or to administer tests meet all State and local building, zoning, fire and safety regulations, codes, and standards for use as a driver education school business office or classroom or other applicable zoning classification, including a certificate in the current business owner's name, identifying the maximum occupant capacity for all business offices used to conduct business and all classrooms used for instruction or to administer tests;
(2) Documentation acceptable to the Administration that the applicant has:
(a) Workers' Compensation and Unemployment insurance for all school employees;
(b) General liability insurance covering all business offices and classroom sites for the protection of individuals using the premises and equipment during the program instruction; and
(c) A surety bond in the amount set forth in Transportation Article, §15-705, Annotated Code of Maryland;
(3) A description of the course schedule for classroom and behind-the-wheel instruction;
(4) The applicant's written policy detailing a proposed payment or assistance plan for students with verifiable financial hardships to participate in the program courses;
(5) A list of the instructors who are to be employed to teach the scheduled courses;
(6) A list of the designated individuals to be authorized by the Administration to transmit program completion certification information to the Administration;
(7) A list of training vehicles to be used by the certified school for instruction to include for each vehicle:
(a) The year, make, registration plate number, and vehicle identification number;
(b) Except for a new vehicle titled in the past year from a manufacturer's certificate of origin, a copy of the certificate of inspection issued within the last 3 months by a Maryland authorized inspection station; and
(c) A copy of the insurance certificate showing evidence of current required motor vehicle liability insurance; and
(8) A statement certifying under penalty of perjury whether the applicant has ever had a drivers' school license or school certification revoked in Maryland or any other State.
D. A school certification may only be issued by the Administration if all requirements have been met and the applicant has completed the orientation conducted by the Administration.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.07** Certified School's Requirements. {#sec-11.23.02.07 omnilex-key=us-md-regs-official--title-11--11.23.02.07}
A certified school owner and each individual responsible for the operation of the program may not have pending charges or criminal convictions for:
A. Fraud in the operation of providing instruction;
B. A crime of moral turpitude;
C. A sex offense;
D. Contributing to the delinquency of a minor;
E. An offense involving a controlled dangerous substance;
F. An offense involving alcohol or drugs while operating a motor vehicle; or
G. A felony involving the use of a motor vehicle.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.08** Certified School's Operation Requirements. {#sec-11.23.02.08 omnilex-key=us-md-regs-official--title-11--11.23.02.08}
A. A certified school shall:
(1) Display the school's certification in a conspicuous place in the business office;
(2) Only use school training vehicles approved by the Administration;
(3) Only use curricula, instructional materials, quizzes, tests, and forms approved by the Administration;
(4) Conduct an Administration-approved parent orientation at the start of each driver education program course;
(5) Make operation and student completion records available for inspection upon request by the Administration during the school's posted business hours;
(6) Comply with nondiscrimination requirements in providing services without regard to race, creed, color, age, gender, sexual orientation, national origin, marital status, disabilities, or any other classification required under local, State, and federal laws and regulations;
(7) Comply with any decisions, direction, or findings made by a federal or State agency as the result of any complaint filed with these agencies asserting a violation of any local, State, or federal law;
(8) Issue a certified completion certificate, signed by the designated official of the certified school, through December 31, 2008, to students who successfully complete the program, unless authorized by the Administration to submit the completion information electronically;
(9) Effective January 1, 2009:
(a) Transmit student program completion information electronically to the Administration within 1 business day of the student's completion of the program; and
(b) Inform the student that the student's driving record will not be updated by the Administration for at least 3 business days after the student completes the program;
(10) Schedule additional or remedial sessions for students who need additional instruction;
(11) Comply with all State and local building, zoning, fire and safety regulations, codes, and standards for use as a driver education school business office or classroom, or other applicable zoning classification, including a posted certificate in the current business owner's name, identifying the maximum occupant capacity for all business offices used to conduct business and all classrooms used for instruction or to administer tests;
(12) Report, in writing, to the Administration within 5 business days any changes in the information supplied in the latest application or renewal form including changes in:
(a) Training vehicles; and
(b) Newly employed or terminated instructors;
(13) Provide not less than 8 hours notice to the student in the event of a cancellation or postponement of more than 2 hours of a scheduled behind-the-wheel or classroom instructional period; and
(14) Provide a prorated refund to a student who withdraws or transfers from the school.
B. A certified school shall at all times maintain:
(1) An approved business office located in Maryland;
(2) Workers' Compensation insurance continuously in force for all school employees;
(3) General liability insurance continuously in force for the protection of individuals using the premises and equipment during the program;
(4) A surety bond continuously in force in the amount set forth in Transportation Article, §15-705, Annotated Code of Maryland; and
(5) A payment or assistance policy that will permit students with verifiable financial hardships to participate in the program courses.
C. A certified school shall ensure that:
(1) All courses are taught in English unless authorization has been granted in writing by the Administration to teach in another language;
(2) Each class is conducted in only one language other than sign language, which may be used simultaneously or singularly;
(3) In courses taught in a spoken language other than English, that each student enrolled in that course can understand, speak, and read the alternate language;
(4) Only tests included in the approved program course curriculum are administered;
(5) Only certified instructors conduct the testing, evaluation, and teaching of students in classroom and behind-the-wheel instruction;
(6) Only authorized school employees correct and grade tests;
(7) Only instructors review the test results with a student; and
(8) The classroom and behind-the-wheel instruction is completed within 18 weeks unless a student requests an extension.
D. A certified school may not:
(1) Publish, advertise, or otherwise suggest or imply that a driver's license is guaranteed or assured after completing the school's instruction;
(2) Use any publication or advertisement that is false, deceptive, or misleading;
(3) Endanger an employee, a student, or instructor; or
(4) Subcontract to another organization or individual to conduct any portion of the program, without prior approval from the Administration.
E. At the time of student enrollment, the certified school shall require the student and if student is under 18 years of age the parent or guardian, to sign a rights and responsibilities form and return a copy of the signed form to the student that contains the following information:
(1) Classroom and testing locations, dates, and times;
(2) The certified school's established policy for:
(a) Course cancellations and postponements, that conform with §A(13) of this regulation;
(b) Course fees, payment methods, refund policy, and retest fees;
(c) Fees for remedial and additional instruction;
(d) Make-up policies; and
(e) How and when the behind-the-wheel instruction is scheduled;
(3) Payment or assistance policy that permit students with verified financial hardships to participate in the program courses;
(4) That the student driving record kept by the Administration will be updated within 3 business days after the student completes the program;
(5) That after presenting a complaint to the driving school, the student has a right to file a complaint against a certified school with the Administration, including the appropriate Administration official's contact information, on a violation of the responsibilities required by the schools as set forth in this form or dissatisfaction with the service provided by the school; and
(6) That if the student withdraws from a certified school course, the student shall be provided with a classroom student record and completion form and a behind-the-wheel student record and completion form listing the amount of instruction that has occurred which will be transferable to a new school and receive a prorated refund in accordance with §A(14) of this regulation.
**Cross References**
11.23.02.09A(6)
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.09** Record and Report Requirements for Certified Schools. {#sec-11.23.02.09 omnilex-key=us-md-regs-official--title-11--11.23.02.09}
A. A certified school shall maintain for at least 3 years, in a secure location, in hard copy or electronic format, records and reports of all business activities for the program. These records and reports shall include:
(1) Instructor employment records;
(2) Training vehicle insurance, maintenance, inspection, and registration records;
(3) Surety bond certificates;
(4) Results of tests and evaluations administered to each student;
(5) Copies of each student's program completion forms; and
(6) Signed student rights and responsibilities forms provided in accordance with Regulation .08E of this chapter.
B. The records and reports shall be made available for inspection by the Administration, during the school's posted business hours.
C. If the records or reports of a school become lost, mutilated, or destroyed, the school shall notify the Administration immediately, in writing, and state the date and circumstances involving the loss, mutilation, or destruction.
D. A school shall within 1 business day notify the Administration, in writing, of any vehicular crash that involves a training vehicle and results in a fatality.
E. Effective January 1, 2010, a school shall submit an annual report to the Administration by January 31 for the previous calendar year. The report shall be submitted in the format required by the Administration and shall include:
(1) The number of applicants and students enrolled in the program; and
(2) The number of students participating in the program who:
(a) Were deaf and hard of hearing;
(b) Were 18 years old or older;
(c) Required additional or remedial training;
(d) Dropped out of the program before completion; or
(e) Transferred to another school.
F. Effective January 1, 2009, a school shall submit a completion certification report electronically to the Administration for each student who successfully completes the program within 1 business day of the student's completion, in the format approved by the Administration.
G. The completion certification report shall include the successful completion of the program, including both classroom and behind-the-wheel program instruction for each student.
H. A certified school shall electronically submit corrected information to the Administration within 1 business day of the notification of any errors in the submission of a completion certification report.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.10** Certified School's Requirements for Instructors. {#sec-11.23.02.10 omnilex-key=us-md-regs-official--title-11--11.23.02.10}
A. A certified school shall only:
(1) Employ instructors certified by the Administration to teach the program courses; and
(2) Use instructors who are employed by the certified school.
B. A certified school shall notify the Administration, in writing, within 5 business days of any newly employed instructors by the school or of any instructors terminated.
C. The Administration may monitor the driving records of all employed instructors, and report to a certified school any changes to the driving records of the instructors it employs.
D. A certified school shall require each employed instructor to notify the school immediately of any:
(1) Complaints or charges for alleged violations that, if proven, would constitute grounds for refusal, cancellation, suspension, or revocation of the instructor's certification, driver's license, or driving instructor's license; or
(2) Convictions or other dispositions of any complaints or charges that would constitute grounds for refusal, cancellation, suspension, or revocation of the instructor's certification, driver's license, or driving instructor's license.
E. A certified school may not allow a certified instructor to teach the program courses, if the instructor:
(1) Fails to maintain a valid driver license for the class of vehicle in which instruction is to be given, with no driving restrictions, except for:
(a) Corrective lenses; or
(b) A restriction issued under Transportation Article, §16-203, Annotated Code of Maryland, for child support arrearages;
(2) Has more than four active points on their current driving record;
(3) Fails to maintain satisfactory data on their criminal history record, as defined in Regulation .18 of this chapter; or
(4) Notifies the school of any reportable medical conditions.
F. A certified school shall be responsible for ensuring instructors follow all the requirements set forth in this chapter.
G. A certified school shall annually monitor and document on a form provided by the Administration an instructor's performance evaluation for proficiency in teaching the classroom and the behind-the-wheel instruction of the program courses and have the document available for review by the Administration.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.11** Renewing a School Certification. {#sec-11.23.02.11 omnilex-key=us-md-regs-official--title-11--11.23.02.11}
A. A school certification issued under this chapter is valid for 2 years from the issue date of the certification.
B. A school certification expires 2 years from the date of issuance, unless renewed by the Administration in accordance with the requirements of this regulation.
C. To qualify for a renewal of a school certification an applicant shall:
(1) Be in compliance with all the laws, rules, regulations, and policies governing the program; and
(2) Submit a completed renewal application to the Administration, with documentation acceptable to the Administration, that the applicant meets all the requirements set forth in Regulations .05 and .06 of this chapter.
D. Before the Administration approves a renewal, a certified school shall resolve pending charges and complaints and take appropriate remedial action while the current school certification remains in force.
E. A school certification shall expire on the expiration date if the completed application for renewal is not received by the Administration at least 2 calendar weeks before expiration, as set forth in State Government Article, §10-226, Annotated Code of Maryland.
F. A certified school that submits a renewal application after the certification has expired shall reapply for the certification and meet all the certification requirements set forth in this chapter.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.12** Replacing a School Certification Certificate. {#sec-11.23.02.12 omnilex-key=us-md-regs-official--title-11--11.23.02.12}
A. A certified school may request a duplicate certification certificate to replace one that has been lost, stolen, mutilated, or destroyed.
B. To obtain a duplicate certification certificate, the school shall:
(1) Submit a request for a duplicate on a form approved by the Administration, that includes the date and circumstances involving the loss, theft, mutilation, or destruction of the certificate; and
(2) If applicable, surrender the mutilated certificate.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.13** Refusing, Suspending, or Revoking a School Certification. {#sec-11.23.02.13 omnilex-key=us-md-regs-official--title-11--11.23.02.13}
A. Under Transportation Article, §16-506, Annotated Code of Maryland, the Administration may, after a hearing, suspend, revoke, or refuse to renew the certification of a school, or refuse to issue, after notice and hearing, a certification of a school, if the Administration finds the school has failed to comply with any of the requirements pertaining to the program or school certification as:
(1) Set forth in this chapter; or
(2) Adopted under Transportation Article, Title 15, Subtitle 7, or Title 16, Subtitle 5, Annotated Code of Maryland.
B. The Administration shall, after notice and hearing, refuse to renew or, after notice and opportunity for hearing, refuse to issue an initial school certification, if the school or applicant:
(1) Provides fraudulent, inaccurate, or incomplete information on required applications, forms, reports, or other required documents required by the Administration; or
(2) Does not meet the requirements set forth in this chapter.
C. Under Transportation Article, §16-506, Annotated Code of Maryland, the Administration shall immediately suspend or revoke a school certification with notice of the right to a hearing within 7 days of a request, if the Administration determines there is a danger of immediate, substantial, and continuing harm to the public.
D. A most serious violation, if committed by a school owner or any individual responsible for the operation of the program, shall result in an immediate suspension of a school certification, with notice of the right to a hearing within 7 days of a request, if the Administration determines that there is a danger of immediate, substantial, and continued harm to the public.
E. A second most serious violation shall result in an immediate revocation of a school certification, with notice of the right to a hearing within 7 days of a request, if the Administration determines that there is a danger of immediate, substantial, and continued harm to the public.
F. Most serious violations include a charge for:
(1) Fraud;
(2) A crime of moral turpitude;
(3) A sex offense;
(4) Contributing to the delinquency of a minor;
(5) An offense involving a controlled dangerous substance;
(6) An offense involving alcohol or drugs while operating a motor vehicle;
(7) A felony involving the use of a motor vehicle;
(8) Acting in a manner that is unsafe for students participating in the program;
(9) Knowingly providing program courses while the school certification is refused, suspended, or revoked;
(10) Knowingly issuing a program completion certificate to an individual who did not complete the program; or
(11) Knowingly allowing an individual to teach the program courses, conduct behind-the-wheel instruction, or test or evaluate students without the required instructor permit or certification by the Administration.
G. Except as provided in §F of this regulation, all other violations shall be considered a serious violation and subject to progressive disciplinary action by the Administration.
H. The progressive disciplinary action may include a conference, fines, or suspension or revocation of a school certification.
I. When a school certification is suspended or revoked the school shall immediately:
(1) Surrender the school certification certificate to the Administration;
(2) Stop conducting program courses and all operations of the program;
(3) Refund the fee paid by the students enrolled in the program courses as follows:
(a) Refund 100 percent of the fee paid if instruction has not started or if the first class of a course was not completed; and
(b) In all other cases, refund fees prorated separately based on the hours of instruction in the classroom and behind-the-wheel that have not been completed;
(4) Provide information, in a format acceptable to the Administration, identifying the students who successfully completed program courses and the program courses each student successfully completed; and
(5) Surrender all student records and property of the Administration to the Administration.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.14** Criminal Background Check. {#sec-11.23.02.14 omnilex-key=us-md-regs-official--title-11--11.23.02.14}
A. Under Transportation Article, §15-804, Annotated Code of Maryland, an individual applying for an instructor certification or renewal of an instructor certification shall be fingerprinted and have a State and national criminal background check conducted by the Criminal Justice Information System (CJIS) Central Repository of the Department of Public Safety and Correctional Services.
B. The applicant shall:
(1) Be fingerprinted at an official site that provides electronic digital fingerprinting, which shall include:
(a) An official CJIS Central Repository site; or
(b) A CJIS Central Repository approved private provider;
(2) Pay the required fee, including the fee authorized under Criminal Procedure Article, §10-221(b), Annotated Code of Maryland, for access to criminal history records; and
(3) Obtain a dated official receipt verifying that fingerprinting has been completed and a criminal background check has been requested.
C. In accordance with Criminal Procedure Article, §§10-201—10-234, Annotated Code of Maryland, the CJIS Central Repository shall forward to the Administration the applicant's criminal history record information.
D. Information received by the Administration on an applicant from the CJIS Central Repository shall be:
(1) Confidential and may not be redisclosed; and
(2) Used only to determine the eligibility or disqualification of an apprentice instructor, an instructor certification, or the renewal of an instructor's certification.
E. An individual subject to a criminal background check under this regulation may contest the contents of the printed statement issued by the CJIS Central Repository as provided in Criminal Procedure Article, §10-223, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.15** Instructor Certification. {#sec-11.23.02.15 omnilex-key=us-md-regs-official--title-11--11.23.02.15}
A. Certification by the Administration is required to teach any part of the driver education program.
B. A certified instructor may not teach the program courses unless the instructor is employed by a school certified by the Administration.
C. Classroom and behind-the-wheel instruction shall be taught by a certified instructor authorized to give the instruction provided.
D. An instructor certification may not be transferred, sold, or assigned.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.16** Qualifications for Instructor Certification. {#sec-11.23.02.16 omnilex-key=us-md-regs-official--title-11--11.23.02.16}
A. To qualify for certification as an instructor, an applicant shall be licensed under Transportation Article, Title 15, Subtitle 8, Annotated Code of Maryland, as an instructor and be in compliance with all the laws, regulations, rules, and policies pertaining to that license.
B. An applicant requesting certification as an instructor:
(1) Shall be 21 years old or older;
(2) Shall possess a high school certificate, its equivalent, or a college degree;
(3) Shall possess a valid driver's license issued by Maryland or another state to drive the class of vehicle in which instruction is to be given, and may not have any driving restrictions, except for:
(a) Corrective lenses; or
(b) A restriction issued under Transportation Article §16-203, Annotated Code of Maryland, for child support arrearages;
(4) May not have more than four active points on their current driving record;
(5) May not have any pending charges or criminal convictions for:
(a) Fraud in the operation of providing instruction;
(b) A crime of moral turpitude;
(c) A sex offense;
(d) Contributing to the delinquency of a minor; or
(e) An offense within the last 3 years involving:
(i) A controlled dangerous substances;
(ii) Alcohol or drugs while operating a motor vehicle; or
(iii) A felony involving the use of a motor vehicle;
(6) May not have any reportable medical conditions;
(7) May not have any outstanding complaints or pending charges for alleged violations that if proven would constitute grounds for refusal, cancellation, suspension, or revocation of the instructor's certification, driver's license, or driving instructor's license;
(8) Shall have first been approved as an apprentice instructor;
(9) Shall have successfully completed the required instructor certification courses approved by the Administration; and
(10) Shall have successfully passed a final skills evaluation to demonstrate competency and proficiency in teaching both the behind-the-wheel and the classroom instruction of the program.
**Cross References**
11.23.02.23A(1)
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.17** Applying for Instructor Certification. {#sec-11.23.02.17 omnilex-key=us-md-regs-official--title-11--11.23.02.17}
A. The school where the applicant for instructor certification is employed shall ensure that:
(1) The applicant meets the qualifications for instructor certification; and
(2) The application for instructor certification is complete and contains all the required documents and information.
B. The application for instructor certification shall be submitted to the Administration accompanied by:
(1) Documentation signed by the certified school that the applicant has successfully completed the required instructor certification courses approved by the Administration to be qualified for an apprentice instructor permit;
(2) A copy of the applicant's high school certificate, its equivalent, or college degree;
(3) A dated official receipt verifying that fingerprinting has been completed and a criminal background check has been requested within the past 15 days;
(4) A copy of the applicant's driving record for the past 3 years issued by the driving license authority of the applicant's state of licensure;
(5) Certification by the applicant that the applicant does not have any reportable medical conditions; and
(6) A statement certifying under penalty of perjury whether the applicant has ever had a driving instructor license or instructor certification revoked in Maryland or any other state.
C. Prior to scheduling the final skills evaluation for competency and proficiency, an applicant shall also submit to the Administration:
(1) Documentation signed by the certified school that the applicant has successfully completed the required instructor certification courses approved by the Administration to be qualified for instructor certification; and
(2) A copy of the logbook provided by the Administration documenting the learning activities during the time as an apprentice instructor.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.18** Certified Instructor Requirements. {#sec-11.23.02.18 omnilex-key=us-md-regs-official--title-11--11.23.02.18}
A. An instructor certification and instructor certification badge may not be transferred, sold, or assigned.
B. An instructor certification badge, issued by the Administration, shall be worn by the certified instructor in full view and at all times when functioning in the capacity of an instructor.
C. A certified instructor shall:
(1) Use the program curriculum approved by the Administration; and
(2) Teach the program curriculum in accordance with the regulations, policies, standards, and guidelines established by the Administration.
D. A certified instructor may not use a cell phone or allow the student to use a cell phone in a moving motor vehicle while conducting behind-the-wheel instruction, except in the event of an emergency.
E. A certified instructor shall maintain:
(1) A valid driver's license to drive the class of vehicle in which instruction is to be given, with no driving restrictions, except for:
(a) Corrective lenses; or
(b) A restriction issued under Transportation Article, §16-203, Annotated Code of Maryland, for child support arrearages;
(2) A driving record with not more than four active points; and
(3) A satisfactory criminal history record, which means having no pending charges or criminal convictions for:
(a) Fraud in the operation of providing instruction;
(b) A crime of moral turpitude;
(c) A sex offense;
(d) Contributing to the delinquency of a minor;
(e) An offense involving a controlled dangerous substance;
(f) An offense involving alcohol or drugs while operating a motor vehicle; or
(g) A felony involving the use of a motor vehicle.
F. A certified instructor shall disclose any reportable medical conditions.
G. A certified instructor shall report to the employing school:
(1) Proof of all satisfactory completion of any professional development;
(2) Any complaints or charges for alleged violations that if proven would constitute grounds for refusal, cancellation, suspension, or revocation of the instructor certification, driver's license, or instructor license;
(3) Any convictions or other disposition of complaints or charges that would constitute grounds for refusal, cancellation, suspension, or revocation of the instructor's certification, driver's license, or instructor license; and
(4) Any reportable medical conditions.
H. A certified instructor shall report to the Administration, in writing, within 5 business days of any change in the information supplied in the latest application or renewal form submitted to the Administration.
I. An instructor certified by the Administration shall continuously follow all the requirements set forth in this chapter.
**Cross References**
11.23.02.10E(3)
11.23.02.23B
11.23.02.24B
11.23.02.24C(2)
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.19** Renewing an Instructor Certification. {#sec-11.23.02.19 omnilex-key=us-md-regs-official--title-11--11.23.02.19}
A. An instructor certification issued under this chapter is valid for 2 years from the date of issuance.
B. An instructor certification shall automatically expire 2 years from the date of issuance, unless renewed by the Administration in accordance with the requirements of this regulation.
C. An applicant for renewal of an instructor certification shall submit a renewal application on a form required by the Administration with documentation attached signed by the certified school stating that the instructor:
(1) Has in the last 2 years taught a minimum of 30 hours of the program courses;
(2) Has in the last 2 years satisfactorily completed a minimum of 8 hours or 4 hours each year of professional development approved by the Administration; and
(3) Is in compliance with all the laws, regulations, policies, and rules governing the program.
D. Before the Administration approves a renewal, a certified instructor shall resolve pending charges and complaints and take appropriate remedial action while the existing school certification remains in force.
E. An instructor certification shall expire on the expiration date of the certification if the completed application for renewal was not received by the Administration at least 2 calendar weeks before the expiration date, as set forth in State Government Article, §10-226, Annotated Code of Maryland.
F. An instructor who submits a renewal application to the Administration after the certification has expired shall:
(1) Reapply for certification and meet all the qualifications for certification; and
(2) Demonstrate proficiency in teaching the program courses, as determined by the Administration.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.20** Replacing an Instructor Certification Badge. {#sec-11.23.02.20 omnilex-key=us-md-regs-official--title-11--11.23.02.20}
A. The Administration may issue a duplicate instructor certification badge to replace one that has been lost, stolen, mutilated, or destroyed.
B. To obtain a duplicate instructor certification badge, the instructor shall:
(1) Submit an application on a form required by the Administration, to include the date and circumstances involving the loss, theft, mutilation, or destruction of the badge; and
(2) If applicable, surrender the mutilated badge.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.21** Refusing, Suspending, or Revoking an Instructor Certification. {#sec-11.23.02.21 omnilex-key=us-md-regs-official--title-11--11.23.02.21}
A. Under Transportation Article, §16-506, Annotated Code of Maryland, the Administration may, after notice and hearing, suspend, revoke, or refuse to renew an instructor certification or, after notice and opportunity for hearing, issue an initial instructor certification if the Administration finds that the applicant or instructor has failed to comply with any of the requirements pertaining to the program or certification of an instructor as:
(1) Set forth in this chapter; or
(2) Adopted under Transportation Article:
(a) Title 15, Subtitle 8, Annotated Code of Maryland; or
(b) Title 16, Subtitle 5, Annotated Code of Maryland.
B. The Administration shall after notice and hearing refuse to renew or, after notice and opportunity for hearing, issue an initial instructor certification, if the instructor or applicant:
(1) Provided fraudulent, inaccurate, or incomplete information on required applications, forms, reports, or other required documents; or
(2) Fails to meet any of the requirements set forth in this chapter.
C. Under Transportation Article, §16-506, Annotated Code of Maryland, the Administration shall immediately suspend or revoke an instructor's certification, with notice of the right to a hearing within 7 days of the request, if the Administration determines there is a danger of immediate, substantial, and continuing harm to the public.
D. A most serious violation, if committed by a certified instructor, shall result in an immediate suspension of an instructor certification with notice of the right to a hearing within 7 days of a request, if the Administration determines that there is a danger of immediate, substantial, and continuing harm to the public.
E. Any second most serious violation shall result in an immediate revocation of the instructor certification, with notice of the right to a hearing within 7 days of a request, if the Administration determines that there is a danger of immediate, substantial, and continuing harm to the public.
F. Most serious violations include charges for:
(1) Fraud;
(2) A crime of moral turpitude;
(3) A sex offense;
(4) Contributing to the delinquency of a minor;
(5) An offense involving a controlled dangerous substance;
(6) An offense involving alcohol or drugs while operating a motor vehicle;
(7) A felony involving the use of a motor vehicle;
(8) Acting in a manner that is unsafe for students participating in the program;
(9) Knowingly providing the program courses while instructor certification is refused, suspended, or revoked;
(10) Knowingly providing program course instruction when the instructor is not certified;
(11) Knowingly failing to provide classroom and the behind-the-wheel instruction as approved by the Administration;
(12) Failing to maintain a valid driver license for the class of vehicle in which instruction is to be given, with no driving restrictions, except for:
(a) Corrective lenses; or
(b) A restriction issued under Transportation Article, §16-203, Annotated Code of Maryland, for child support arrearages; and
(13) Having more than four active points on the instructor's current driving record.
G. Except as provided in §F of this regulation, all other violations of the laws, rules, policies, and regulations under this chapter governing the program or instructor certification shall be considered a serious violation and subject to progressive disciplinary action by the Administration.
H. The progressive disciplinary action may include a conference, fines, and suspension or revocation of an instructor certification.
I. If an instructor certification is refused, suspended, or revoked, the instructor shall immediately:
(1) Surrender the instructor certification badge to the Administration;
(2) Stop conducting program courses and all involvement in the program; and
(3) Surrender all student records and property of the Administration to the school or to the Administration.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.22** Apprentice Instructor Permit. {#sec-11.23.02.22 omnilex-key=us-md-regs-official--title-11--11.23.02.22}
A. The Administration may issue an apprentice instructor permit authorizing a qualified applicant to give instruction in the driver education program courses under the supervision of a certified driver education instructor.
B. The apprentice instructor permit is valid for 6 months and may not be extended or renewed.
C. An apprentice instructor permit shall:
(1) Only be issued once to the same individual;
(2) Authorize teaching both behind-the-wheel and classroom instruction; and
(3) Authorize instruction only with the certified school where the apprentice instructor is employed.
D. An apprentice instructor permit may not be transferred, sold, or assigned.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.23** Qualifications for Apprentice Instructor. {#sec-11.23.02.23 omnilex-key=us-md-regs-official--title-11--11.23.02.23}
A. An applicant qualifying for approval as an apprentice instructor shall:
(1) With the exception of §§A and B(10) of this regulation, meet all the qualifications for instructor certification as set forth in Regulation .16 of this chapter; and
(2) Have successfully passed the knowledge test and the basic skills evaluation in both classroom and behind-the-wheel instruction conducted by the Administration.
B. Pending the receipt of satisfactory data on their criminal history record as set forth in Regulation .18 of this chapter, an applicant otherwise qualified for an apprentice instructor permit may begin teaching under the direct supervision of an experienced certified instructor.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.24** Apprentice Instructor Permit Requirements. {#sec-11.23.02.24 omnilex-key=us-md-regs-official--title-11--11.23.02.24}
A. An apprentice instructor permit may not be transferred, sold, or assigned.
B. An apprentice instructor shall continuously follow all the requirements set forth for a certified instructor under Regulation .18 of this chapter.
C. The certified school shall:
(1) Ensure an apprentice instructor is supervised by a certified instructor experienced in teaching the driver education program courses with:
(a) A minimum of 2 years experience in teaching the driver education program courses; or
(b) The Administration's approval to teach apprentice instructors;
(2) Continue supervision until the Administration is in receipt of satisfactory data on the individual's criminal history record as set forth in Regulation .18 of this chapter, and the individual is issued an instructor's certification; and
(3) Have a certified instructor observe performance and conduct a one-on-one session with the apprentice instructor for a minimum of 2 hours every 2 weeks and document the performance and sessions in the apprentice instructor activities log.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.25** Replacing an Apprentice Instructor Badge. {#sec-11.23.02.25 omnilex-key=us-md-regs-official--title-11--11.23.02.25}
A. The Administration may issue a duplicate apprentice instructor badge to replace one that has been lost, stolen, mutilated, or destroyed.
B. To obtain a duplicate apprentice instructor badge, the apprentice instructor shall:
(1) Submit an application on a form required by the Administration, which should include the date and circumstances involving the loss, theft, mutilation, or destruction of the badge; and
(2) If applicable, surrender the mutilated badge.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.26** Cancelling an Apprentice Instructor Permit. {#sec-11.23.02.26 omnilex-key=us-md-regs-official--title-11--11.23.02.26}
A. An apprentice instructor permit shall be cancelled:
(1) If the applicant's criminal history record fails to contain satisfactory data;
(2) At the expiration of the 6 month approval period; or
(3) If the apprentice instructor is no longer employed by the certified school.
B. Approval of an apprentice instructor permit may be revoked or suspended after notice and hearing, if the certified school or the apprentice instructor fails to comply with any of the program requirements or requirements set forth in:
(1) This chapter; or
(2) Transportation Article, Title 15, Subtitle 8, or Title 16, Subtitle 5, Annotated Code of Maryland.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.27** Testing for Apprentice Instructor Permit and Instructor Certification. {#sec-11.23.02.27 omnilex-key=us-md-regs-official--title-11--11.23.02.27}
A. An individual shall successfully pass the knowledge test and the basic skills evaluation in both classroom and behind-the-wheel instruction conducted by the Administration to qualify for an apprentice instructor permit.
B. To qualify for an apprentice instructor permit an applicant shall:
(1) Pass the knowledge test before attempting the basic skills evaluation;
(2) Pass both the knowledge test and the basic skills evaluation for both the classroom and the behind-the-wheel instruction;
(3) Wait at least 7 days, in the event of failure, prior to any additional attempts; and
(4) Wait at least 1 year after failing the fifth attempt to pass the test or evaluation, before reapplying for an apprentice instructor permit.
C. An individual shall successfully pass the final skills evaluation to demonstrate competency and proficiency in teaching both classroom and behind-the-wheel instruction conducted by the Administration to qualify for an instructor certification.
D. To qualify for an instructor certification an applicant shall:
(1) Pass the final skills evaluation in both the behind-the-wheel instruction and the classroom instruction;
(2) Wait at least 7 days, in the event of failure, prior to any additional attempts; and
(3) Wait at least 1 year after failing the fifth attempt before reapplying for instructor certification.
**Cross References**
11.23.02.28E(3)
11.23.02.28E(4)
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.28** Course Requirements for Apprentice Instructor Permit and Instructor Certification. {#sec-11.23.02.28 omnilex-key=us-md-regs-official--title-11--11.23.02.28}
A. An individual shall successfully complete the following Administration approved courses to qualify for an apprentice instructor permit and instructor certification.
B. To qualify for an apprentice instructor permit, an individual shall complete the following Administration approved instructor certification courses conducted by the employing certified school:
(1) An introductory course that provides a detailed review of:
(a) Maryland's Graduated Licensing System; and
(b) The driver education program;
(2) A primary level classroom instruction course that provides basic knowledge of how to teach and facilitate student learning activities in the classroom instruction of the program curriculum; and
(3) A primary level behind-the-wheel instruction course that provides basic knowledge of how to teach and facilitate student learning activities in behind-the-wheel instruction of the program curriculum.
C. To qualify for an instructor certification, an individual shall complete the following instructor certification courses conducted by an Administration approved instructor trainer:
(1) An advanced level classroom instruction course that provides comprehensive knowledge of how to teach and facilitate student learning activities in the classroom instruction of the program curriculum; and
(2) An advanced level behind-the-wheel instruction course that provides comprehensive knowledge of how to teach and facilitate student learning activities in the behind-the-wheel instruction of the program curriculum.
D. The Administration may waive the instructor certification course requirements in classroom instruction for individuals who possess a valid teaching certificate from a state department of education if the individual meets all other requirements for instructor certification.
E. The Administration may waive the instructor certification course requirements for classroom and behind-the-wheel training for individuals who provide documented and verifiable training and experience as a driver education instructor from another state if the individual:
(1) Provides proof acceptable to the Administration that their training and experience is equivalent to the training requirements set forth in this regulation;
(2) Successfully completes the introductory course outlined in §B(1) of this regulation;
(3) Successfully passes the knowledge test outlined in Regulation .27 of this chapter; and
(4) Successfully passes the final skills evaluations to demonstrate competency and proficiency in teaching both classroom and behind-the-wheel instruction as set forth in Regulation .27 of this chapter.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.29** Requirements for Instructor Trainers. {#sec-11.23.02.29 omnilex-key=us-md-regs-official--title-11--11.23.02.29}
A. An instructor trainer is an individual approved by the Administration to conduct the approved instructor certification courses.
B. An individual shall be approved by the Administration as an instructor trainer before teaching the advanced level instructor certification courses.
C. The Administration shall establish the criteria for the approval of an instructor trainer, including, but not limited to, the requirement that all courses shall be open to the public.
D. The Administration may, as needed, conduct the required training and professional development courses for instructor trainers.
E. An approved instructor trainer shall permit the Administration to:
(1) Review course and course participant records during normal operating hours; and
(2) Monitor the instruction given in all instructor certification courses.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.30** Professional Development Courses. {#sec-11.23.02.30 omnilex-key=us-md-regs-official--title-11--11.23.02.30}
A. The Administration shall approve all courses required for professional development of instructors required under Regulations .18 and .19 of this chapter.
B. The Administration may, as needed, conduct the professional development courses.
C. An organization requesting approval of professional development courses shall submit course information to the Administration for approval at least 4 weeks before the planned advertisement date or the course start date, whichever date is the earlier. The course information submitted shall include:
(1) The course outline;
(2) The course description;
(3) The content areas of the curriculum; and
(4) The performance criteria necessary to complete the course.
D. An organization that conducts approved professional development courses shall issue a course completion certificate to each course participant who meets the performance criteria for successfully completing the professional development courses.
E. An organization that conducts approved professional development courses shall permit the Administration to:
(1) Review the course and course participant records during normal operating hours; and
(2) Monitor the instruction given in all the professional development courses and the instructor certification courses.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.31** Classroom Requirements. {#sec-11.23.02.31 omnilex-key=us-md-regs-official--title-11--11.23.02.31}
A. Classroom instruction shall be conducted in a room inspected and approved by the Administration before a school may use the room to conduct the program.
B. A classroom in an educational institution regulated by the Maryland State Department of Education or the Maryland Higher Education Commission is exempt from the inspection requirement in §A of this regulation.
C. All classrooms shall include student desks or tables and chairs. The desks or tables and chairs shall be arranged to allow:
(1) An unobstructed view of the chalkboard or whiteboard and other visual aids used in program instruction; and
(2) Student seating and writing surfaces for each student that provide privacy when tests are being administered.
D. A classroom shall be equipped with:
(1) A chalkboard or whiteboard with a minimum surface area of 4 feet by 6 feet; and
(2) Audiovisual equipment required for conducting classroom instruction including, but not limited to:
(a) A videocassette or digital video disc (DVD) player;
(b) An overhead projector and screen;
(c) A television monitor visible by all students with a minimum screen size of 25 inches measured diagonally; and
(d) More than one television for larger classrooms.
E. Certified schools shall make available classroom supplies and materials included in the approved curriculum. Classroom supplies and materials shall consist of:
(1) Copies of instructional worksheets, fact sheets, and examinations for each student;
(2) Textbooks for assignment for each student throughout the entire course of instruction;
(3) Instructional videos or DVDs; and
(4) Instructional transparencies, slides, or PowerPoint presentations.
F. A portable structure, preengineered building, or mobile home may be a permanent building and used as a classroom if it:
(1) Is installed on a permanent foundation with conventional utility hookups;
(2) Has been inspected and approved by the Administration; and
(3) Complies with fire, safety, and zoning requirements.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.32** Classroom Operation Requirements. {#sec-11.23.02.32 omnilex-key=us-md-regs-official--title-11--11.23.02.32}
A. Under Transportation Article, §16-505, Annotated Code of Maryland, a student shall complete a minimum of 30 hours of classroom instruction.
B. The classroom instruction of the driver education course curriculum shall be taught by:
(1) A certified instructor; or
(2) An apprentice instructor under the supervision of an experienced certified instructor.
C. A certified school shall conduct the classroom instruction of the driver education course curriculum approved by the Administration in its entirety:
(1) According to the standards established by the Administration; and
(2) In the sequence approved by the Administration.
D. Other than items already in the approved curriculum, any textbooks, videos, worksheets, fact sheets, and any other supporting materials that students may use throughout the course shall be approved by the Administration before use.
E. The maximum number of individuals a certified school may enroll for one driver education course may not exceed 30 individuals or the maximum number of students allowed under the pertinent zoning and fire codes, whichever is lower.
F. A school:
(1) Shall request approval in writing from the Administration for a class size greater then 30 students, even if permitted under fire and zoning codes, which approval may not be unreasonably withheld; and
(2) If denied approval for a class size greater than 30 students, may request a hearing under Transportation Article, §12-203, Annotated Code of Maryland, to demonstrate that approval of a class size greater than 30 students is reasonable.
G. Individuals other than those enrolled in the driver education course may be permitted to be in the approved classroom during the classroom instruction as long as:
(1) The posted maximum occupancy capacity for the room is not exceeded;
(2) Visitors or observers present photo identification and sign a log form kept by the certified school;
(3) There are individual seats for everyone in the room; and
(4) The additional individuals do not interfere with or interrupt the instruction being provided.
H. Individuals permitted in the classroom during the classroom instruction other than those enrolled in the driver education course are:
(1) Individuals making up missed classroom instruction;
(2) Parents, guardians, or supervising drivers for individuals enrolled in the course;
(3) Administration staff conducting compliance or quality assurance visits;
(4) Approved instructor trainers conducting instructor certification courses;
(5) A certified instructor supervising an apprentice instructor;
(6) An apprentice instructor;
(7) A certified school employee responsible for observing and evaluating the instructor's performance;
(8) Parents or guardians of potential students interested in evaluating the instruction and operation of a certified school;
(9) Individuals designated and approved by the Administration to evaluate or conduct research on the driver education program; and
(10) An interpreter for the hearing impaired.
I. A driver education school shall permit the Administration to enter the classroom and observe the instruction and operations of the classroom.
J. A driver education school may not schedule classroom instruction:
(1) For more than 3 hours in one day;
(2) To start before 8 a.m. or after 8 p.m.; or
(3) To end after 9:30 p.m.
K. A minimum rest period of 15 minutes shall be provided to course participants at the end of each 90-minute period of instruction.
L. The time provided for rest periods or meal intermissions may not be counted as classroom instructional time.
M. Classroom instruction shall not exceed 3 hours per day.
N. A certified school shall make up all missed classroom instruction if the scheduled instruction is canceled or postponed.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.33** Training Vehicle Requirements. {#sec-11.23.02.33 omnilex-key=us-md-regs-official--title-11--11.23.02.33}
A. Except as otherwise provided in §§B and C of this regulation or with prior approval by the Administration, all driver education training vehicles shall be titled and registered in the name of the certified school.
B. A certified school may use a vehicle obtained from a manufacturer-sponsored driver education loan program as a training vehicle if it meets the requirements of the driver's education loan program under Transportation Article, §13-621(c)(2)(ii), Annotated Code of Maryland.
C. The certified school shall:
(1) Provide an adequate number of training vehicles to allow each course participant to complete the course;
(2) Maintain motor vehicle liability insurance on each training vehicle in the amounts established in Transportation Article, §17-103, Annotated Code of Maryland;
(3) Service, clean, and maintain training vehicles on a regular schedule;
(4) Have all training vehicles inspected annually by a licensed State inspection station;
(5) Only use a training vehicle for instruction in the driver education program that has passed the annual Maryland State Inspection;
(6) Ensure the instructor dual brake and clutch, if the vehicle is equipped with a standard transmission, is:
(a) Physically in the vehicle and operational at the time of the annual Maryland State Inspection; and
(b) Operational by producing the same effect as the manufacturer installed original equipment brake or clutch when applied;
(7) Immediately remove from service a training vehicle with any condition that is not in compliance with Maryland State Inspection standards;
(8) Affix signs to both sides of a vehicle containing the name and telephone number of the certified school;
(9) Affix to the rear of the training vehicle in letters not less than 3 inches high the words “Student Driver”; and
(10) Keep the vehicle registration card and a copy of the required insurance certificate for a training vehicle in the vehicle's glove compartment at all times.
D. A copy of the annual State inspection certificate for a training vehicle shall be submitted within 1 business day to the Administration, and the original certificate shall be filed at the certified school's business office. Except for a new vehicle titled in the past year from a manufacturer's certificate of origin, an uninspected vehicle may not be used for behind-the-wheel instruction.
E. A certified school shall notify the Administration within 2 business days, in writing, of the addition or removal of a training vehicle from its fleet by providing:
(1) The vehicle's year, make, registration plate number, and vehicle identification number (VIN); and
(2) Insurance and inspection certificates required under §B of this regulation.
F. Except for a training vehicle containing adaptive equipment for drivers with disabilities, training vehicle may not be more than 8 model years old.
G. In addition to other safety laws and regulations for vehicles, a training vehicle shall be equipped with:
(1) Dual brake pedals;
(2) Dual clutch pedals if the vehicle is not equipped with an automatic transmission;
(3) Reflectors or emergency triangles; and
(4) Instructor mirrors that shall:
(a) Provide an unobstructed view of the traffic conditions to the rear of the vehicle from the instructor's seat;
(b) Be affixed inside the vehicle in a fashion that eliminates blurring due to mirror vibration and reduces the possibility of unintentional changes in mirror adjustment; and
(c) Include a second mirror that:
(i) Is affixed to the right passenger side mirror housing and provide an unobstructed view of traffic conditions to the rear and right rear of the vehicle from the instructor's seat; and
(ii) Is not affixed to the mirror surface or otherwise obstructs the driver's use of the right passenger side mirror.
H. The certified school shall make available for use in all training vehicles the following equipment approved by the Administration:
(1) Pedal extensions for the brake, gas, and clutch pedals; and
(2) Seat cushions to ensure proper seating position.
**Cross References**
11.23.02.34F(1)
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.34** Behind-the-Wheel Instruction Requirements. {#sec-11.23.02.34 omnilex-key=us-md-regs-official--title-11--11.23.02.34}
A. Under Transportation Article, §16-505, Annotated Code of Maryland, a student shall complete a minimum of 6 hours behind-the-wheel instruction.
B. The behind-the-wheel instruction of the driver education program shall be taught by:
(1) A certified instructor; or
(2) An apprentice instructor under supervision of an experienced certified instructor.
C. A certified school shall conduct the behind-the-wheel instruction of the driver education course curriculum only for a student that has a valid learner's permit.
D. An instructor shall verify that the individual receiving the behind-the-wheel instruction has a valid learner's permit prior to providing the instruction.
E. Certified schools shall conduct the behind-the-wheel instruction of the driver education course curriculum according to the standards established by the Administration.
F. Behind-the-wheel instruction shall be conducted:
(1) In an approved training vehicle as set forth in Regulation .33 of this chapter; and
(2) On routes that:
(a) Are preplanned, documented, and available at the driver education school office and in the training vehicle for review by the Administration;
(b) Allow a student to practice the concepts taught in the classroom; and
(c) Achieve the objectives of the approved curriculum of instruction.
G. Behind-the-wheel instruction shall:
(1) Be based on a written lesson plan with routes that support the concepts and objectives in the approved curriculum of instruction;
(2) Provide a student with an opportunity to operate the training vehicle on a variety of traffic mixes and conditions;
(3) Emphasize the knowledge, skills, and behavior needed to safely operate a motor vehicle;
(4) Be scheduled in a manner that allows for:
(a) Debriefing periods during the session for the instructor to review activities and evaluate performance;
(b) A student to complete the learning activities in the approved sequence; and
(c) A student to complete missed instruction in a reasonable time frame;
(5) Include time for remedial and additional instruction as needed;
(6) Include evaluation of a student's performance based on the learning objectives in the approved driver education curriculum; and
(7) Include documentation of the evaluation results on a form approved by the Administration.
H. Any time provided for rest periods or meal intermissions may not be counted as part of the minimum 6 hours behind-the-wheel instruction.
I. The certified school shall develop a schedule and assign instructors and training vehicles so that individuals participating in a course may complete the required 6 hours of behind-the-wheel instruction within 18 weeks or longer on request of the student.
J. Behind-the-wheel instruction for a student operating a training vehicle may not exceed 2 hours.
K. An instructor shall be seated in the front passenger seat at all times during the behind-the-wheel instruction.
L. During an enrolled student's behind-the-wheel instruction, only two observers at a time may be permitted to ride along and shall be limited to:
(1) Students enrolled in the program;
(2) Approved instructor trainers conducting instructor certification courses;
(3) A certified instructor supervising an apprentice instructor;
(4) An apprentice instructor;
(5) Parents or guardians of students enrolled in the program;
(6) A representative of the driving school management involved in a quality assurance function;
(7) A representative from the Administration; or
(8) An interpreter.
M. Time spent observing an instructor or another student completing a behind-the-wheel instruction may not be counted as part of the minimum 6 hours behind-the-wheel instruction.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.35** Student Eligibility for Enrollment. {#sec-11.23.02.35 omnilex-key=us-md-regs-official--title-11--11.23.02.35}
A. To be eligible to enroll in the program, an individual shall:
(1) Be seeking a noncommercial driver's license; and
(2) Prior to participating in the behind-the-wheel instruction of the program, obtain and present to the certified school a valid learner's permit.
B. A certified school shall make accommodations for a student with special needs in compliance with all local, State, and federal nondiscrimination laws and regulations including, but not limited to, the Americans with Disabilities Act.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.36** Student Performance Criteria. {#sec-11.23.02.36 omnilex-key=us-md-regs-official--title-11--11.23.02.36}
A. To successfully complete the program, a student shall:
(1) Attend and participate in all required classroom and behind-the-wheel instruction;
(2) Achieve a minimum passing score of 80 percent on the final knowledge examination; and
(3) Achieve a minimum passing score of 80 percent on the final behind-the-wheel evaluation.
B. A student may miss 12 hours or less of classroom instruction and continue the course. A student shall make up any instruction missed before a school may submit a program completion certification to the Administration.
C. A school shall provide make-up instruction, within a reasonable time frame, for a student who misses 12 hours or less of classroom instruction.
D. Students may not continue to participate in the program if they:
(1) Consistently arrive late for the course instruction or consistently leave course instruction early;
(2) Miss more than 12 hours of classroom instruction; or
(3) Act in a disruptive manner.
E. An instructor shall continuously evaluate the students' performance and provide remedial or additional instruction as required.
F. A certified school may charge a student an additional fee for remedial and additional instruction.
G. If a school does not allow a student to continue participating in the program, the school shall:
(1) Notify the student and parent or guardian of a student under 18 years of age; and
(2) Fully document the reasons and details of problems in the student's records.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.37** Certification of Program Completion. {#sec-11.23.02.37 omnilex-key=us-md-regs-official--title-11--11.23.02.37}
A. A certified school shall submit a program completion certification to the Administration, in a format established by the Administration, for each student who successfully completes the program.
B. Effective January 1, 2009, a certified school:
(1) Shall submit a program completion certification electronically to the Administration in the format established by the Administration within 1 business day of the student's completion of the program;
(2) May submit program completion information on-line to the Administration, in the electronic format established by the Administration, for a student who has never received their license and lost a previously issued Driver Education Program Completion Certificate Form DE-004, providing the school has the student's records for successfully completing the program;
(3) May not issue a Driver Education Program Completion Certificate Form DE-004 to any student that completes a program course after December 31, 2008; and
(4) Shall return to the Administration by April 1, 2009, all unused inventory and accounting information for all Driver Education Program Completion Certificates Form DE-004 in a manner established by the Administration.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.38** Program Transfer and Reciprocity. {#sec-11.23.02.38 omnilex-key=us-md-regs-official--title-11--11.23.02.38}
A. A certified school shall provide to the student documentary evidence of any instruction of the program successfully completed, with the following documentation:
(1) A Classroom Student Record and Completion Form DE-003A, signed by an authorized school official for documentation of classroom instruction completed; and
(2) A Behind-the-Wheel Student Record and Completion Form DE-003B, signed by an authorized school official for documentation of the behind-the-wheel instruction completed.
B. The Administration may accept documentary evidence of satisfactory completion of a driver education program from another state or jurisdiction, as meeting the requirements of Transportation Article, §16-105, Annotated Code of Maryland, if the driver education program completed in the other state or jurisdiction meets or exceeds the statutory requirements and standards in Maryland.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*
##### **COMAR 11.23.02.39** Program Evaluation. {#sec-11.23.02.39 omnilex-key=us-md-regs-official--title-11--11.23.02.39}
A. The Administration may conduct unannounced visits during the school's posted business hours to observe instructors and audits of certified schools to evaluate the school's compliance with the laws, regulations, standards, and the quality of instruction.
B. The Administration may develop one or more research models to evaluate the effectiveness of the program under the provisions of Transportation Article, §16-505, Annotated Code of Maryland.
C. The Administration may require certified schools to provide statistical information in an approved format to support the research models outlined in §B of this regulation.
**History**
- *Administrative History: Effective date: November 21, 2008 (35:23 Md. R. 2013)*
- *Administrative History: Regulation .06C amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .08A, E amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .09A amended as an emergency provision effective December 11, 2008 (36:2 Md. R. 98); amended permanently effective February 23, 2009 (36:4 Md. R. 354)*
- *Administrative History: Regulation .14A, B amended effective October 1, 2009 (36:19 Md. R. 1437)*
- *Administrative History: Regulation .33F amended effective July 7, 2025 (52:13 Md. R. 656)*
- *Authority: Transportation Article, §§12-104(b), 12-117, 13-621, 15-102—15-111, 15-701—15-710, 15-801—15-807, 16-212.1(b), and 16-501—16-507, Annotated Code of Maryland*Setzen Sie Ihre Recherche in ChatGPT oder Claude fort
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