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11.15.31.00.htm 11.15.31.00. Title 11 DEPARTMENT OF TRANSPORTATION Subtitle 15 MOTOR VEHICLE ADMINISTRATION ― VEHICLE REGISTRATION Chapter 31 Electronic Transmission of Titling and Registration Information Authority: Transportation Article, §12-104(b) 13-108.1, 13-113, and 13-610, Annotated Code of Maryland
11.15.31.01.htm 11.15.31.01. 01 Purpose.. The purpose of this chapter is to:. A. Govern the electronic transmission of vehicle titling and registration information and transactions; andB. Determine the fee charged for this service as authorized under Transportation Article, §13-108.1 and 13-610, Annotated Code of Maryland.
11.15.31.02.htm 11.15.31.02. 02 Definitions.. 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 int
11.15.31.03.htm 11.15.31.03. 03 Service Agreement ― General.. 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 not1) All questions concerning the validity of the agreement;.
11.15.31.04.htm 11.15.31.04. 04 Contractor's Agreement.. 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:.
11.15.31.05.htm 11.15.31.05. 05 Participant's Agreement.. 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 acco
11.15.31.06.htm 11.15.31.06. 06 Electronic Interface.. 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; andb) Issue permanent registration plates and stickers for their customers at the point of vehicle sale; and2) A computer program for the electronic transfer of funds collected by par
11.15.31.07.htm 11.15.31.07. 07 Distribution of Materials.. 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.
11.15.31.08.htm 11.15.31.08. 08 Transfer of Electronic Vehicle Transactions.. 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 paD. A record of payments m
11.15.31.09.htm 11.15.31.09. 09 Collection and Transfer of Funds.. 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; and3) May be relieved of its responsibilities for the transfer of the funds to the contractor only when evidence is shown that t
11.15.31.10.htm 11.15.31.10. 10 Equipment and Maintenance.. 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 c
11.15.31.11.htm 11.15.31.11. 11 Security Provisions.. 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; and3) A contractor shall notify each participant that the terminal may not ser
11.15.31.12.htm 11.15.31.12. 12 Suspension and Termination of Access Privileges.. 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
11.15.31.13.htm 11.15.31.13. 13 Provision for Liquidated Damages.. 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 Admini
11.15.31.14.htm 11.15.31.14. 14 Cost Savings and Reporting Requirements.. 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.
11.15.31.15.htm 11.15.31.15. 15 Training and Promotional Activities.. 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.
11.15.31.16.htm 11.15.31.16. 16 Intellectual Property Rights.. 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,
11.15.31.17.htm 11.15.31.17. 17 Limitation of Liability and Indemnification.. 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
11.15.31.18.htm 11.15.31.18. 18 Notice.. 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; andb) 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
11.15.31.19.htm 11.15.31.19. 19 Surety Bonds.. 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; and3) 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
11.15.31.20.htm 11.15.31.20. 20 Retention of Records and Audit.. 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
11.15.31.21.htm 11.15.31.21. 21 Work Performance.. 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) andB. Execute a Contract Affidavit pursuant to COMAR 21.07.01.25..
11.15.31.22.htm 11.15.31.22. 22 General Provisions of Authorized Participants.. 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
11.15.31.23.htm 11.15.31.23. 23 Termination.. 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 Adminis
11.15.31.9999.htm 11.15.31.9999. Administrative History Effective date: July 23, 2001 (28:14 Md. R. 1322). Regulation .09A amended effective November 6, 2006 (33:22 Md. R. 1733). Regulation .11 amended effective February 24, 2020 (47:4 Md. R. 261). Regulation .12C amended effective February 24, 2020 (47:4 Md. R. 261). Regulation .16C, D amended effective February 24, 2020 (47:4 Md. R. 261). Regulation .17C amended effective February 24, 2020 (47:4 Md. R. 261).
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