Md. Code Regs. 11.05.03.14

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.05.03.14 - Penalties

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.

Md. Code Regs. 11.05.03.14

Regulation .14B amended effective October 15, 1990 (17:20 Md. R. 2429)
Regulation .14A amended effective April 6, 2009 (36:7 Md. R. 525)
Regulation .14B amended effective February 18, 2002 (29:3 Md. R. 222)
Regulations .14 amended effective 41:26 Md. R. 1570, eff.1/5/2015