Md. Code Regs. 20.90.02.21

Current through Register Vol. 51, No. 20, October 4, 2024

Section 20.90.02.21 - Violations and Penalties

A. Violations.

(1) An owner or operator of a motor vehicle who neglectfully or with prior knowledge causes or permits the violation of Public Utilities Article, Annotated Code of Maryland, or this chapter, may be guilty of a violation and subject to a civil penalty under this regulation as fully as though the owner was operating the motor vehicle personally at the time.

(2) In the case of a corporation, an officer, agent, or employee who violates, procures, aids, or abets any violation of Public Utilities Article, Annotated Code of Maryland, or COMAR 20.90 may be determined to be individually guilty of a violation.

B. Civil Penalty Violations. The following violations are subject to a civil penalty under Public Utilities Article, §§13-202 and 13-210, Annotated Code of Maryland:

(1) Operating a motor vehicle after a permit is suspended or revoked;

(2) Failure to present a motor vehicle for inspection;

(3) Failure to file with the Public Service Commission an inspection certificate from a facility licensed by the State to perform motor vehicle inspections;

(4) Failure to carry appropriate insurance under Regulation .19 of this chapter;

(5) Operating a motor vehicle which has been placed out of service;

(6) Operating a motor vehicle without a valid state driver's license and a valid taxicab driver's license;

(7) Operating a motor vehicle while under the influence of alcohol or drugs, as defined under State law;

(8) Violation of State or local law relating to motor vehicle traffic control, the violation of which directly contributed to the cause of a fatality;

(9) Reckless driving while operating a motor vehicle, as defined under State or local law;

(10) Leaving the scene of a motor vehicle accident while operating a motor vehicle;

(11) Operating a motor vehicle which has had recurring violations of the equipment and safety standards under Transportation Article, Title 22, Annotated Code of Maryland, and COMAR Title 11, committed with actual knowledge of and a conscious failure to avert the violation;

(12) Use of a motor vehicle subject to the provisions of this chapter before obtaining approval of the Public Service Commission;

(13) Falsification of a certification statement that a defect in a motor vehicle has been repaired;

(14) Operating a motor vehicle which has been placed out of service for the same violation more than two times in a 1-year period or over 50 percent of the time inspected in a 1-year period, whichever is less;

(15) Failure of the owner or an operator of a motor vehicle to permit inspection of a vehicle or records relating to a permit;

(16) Operating a taxicab equipped with a taximeter not having its case sealed, or otherwise not being used as designed by the manufacturer;

(17) Operating a taxicab without an authorized schedule of fares (rate sheet) posted in the taxicab in such manner that passengers can readily determine the exact rate of fare payable by them;

(18) Failure to charge only a rate of fare or charge approved by the Public Service Commission;

(19) Failure to respond to Public Service Commission correspondence in a timely manner; and

(20) Violation of accessibility and nondiscrimination provisions of Regulation .23 of this chapter.

C. Notice.

(1) Notice of a violation and imposition of a civil penalty under §B of this regulation shall be in writing and mailed by first class mail, postage prepaid, to the last known address of the owner or, in the case of a corporation, the authorized representative.

(2) The notice given under §C(1) of this regulation shall:

(a) Include a statement that a party desiring a hearing must request the hearing on or before the date set by the Public Service Commission in the citation or complaint; and

(b) Indicate that failure to respond to the notice may result in the suspension or revocation of authority to operate as a common carrier.

(3) The mailing by first class mail of a notice is considered to be effective and binding as an actual notice.

Md. Code Regs. 20.90.02.21

Regulations .21 and new Regulation .21 adopted effective January 20, 1992 (19:1 Md. R. 34)
Regulation .21A amended effective June 15, 1998 (25:12 Md. R. 948)
Regulation .21B amended effective December 19, 1994 (21:25 Md. R. 2109); April 10, 1995 (22:7 Md. R. 538); December 24, 2001 (28:25 Md. R. 2193)
Regulation .21C adopted effective December 19, 1994 (21:25 Md. R. 2109)
Regulation .21C amended effective February 13, 2006 (33:3 Md. R. 243); amended effective 44:11 Md. R. 526, eff. 6/5/2017