20.95.01.06

.06 Violations and Penalties.

A. Violations.

(1) An owner 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 Utility Companies Article, Annotated Code of Maryland, or this chapter, 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, 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 Commission an inspection certificate from a facility licensed by the State to perform motor vehicle inspections, or a facility licensed to perform inspections in an adjacent jurisdiction, if the Commission has previously determined that the vehicle inspection standards of that jurisdiction are materially the same as those adopted by the Maryland State Police;

(4) Failure to carry appropriate insurance or provide evidence of coverage to the Commission under Regulations .18 and .20 of this chapter;

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

(6) Operating a motor vehicle without a valid state driverís license or valid passenger-for-hire driverís license, or a valid Transportation Network Operatorís 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 49 CFR 393, as amended, which is incorporated by reference, Transportation Article, Title 22, Annotated Code of Maryland, or 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 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, including a Transportation Network Operator, to permit inspection of a vehicle or of records relating to a permit;

(16) Operating a motor vehicle without all required permits; or

(17) Violation of Accessibility and Non-Discrimination under Regulation .25 of this chapter.

C. Civil penalties for the violations set forth in §B of this regulation may be assessed upon owners or operators as appropriate, including Transportation Network Companies and Transportation Network Operators.

D. 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 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 as effective and binding as an actual notice.