11.04.17.09

.09 Violation of Permit.

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.