Md. Code Regs. 11.05.03.02

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

Section 11.05.03.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Access control point" means a location where credentials are produced and verified to insure authorized access to the facilities.

(2) "Annual decal" means the individually numbered and adhesive backed decal that is issued annually and applied to the vehicle windshield by the MPA Office of Security or designee.

(3) "Berth permit" means a hang tag issued by the MPA Office of Security or designee that permits parking upon a berth.

(4) "Cargo gate pass" means the document issued at the access control point by security personnel for a vehicle delivering or receiving cargo or designated as cargo.

(5) "Citation" has the meaning stated in COMAR 11.05.02.02B(2).

(6) Conviction" means a plea of guilty, a finding of guilty, a plea of nolo contendere, or acceptance of probation before judgment.

(7) "Decal" means the decal that is assigned and applied to the motor vehicle by the MPA Office of Security or designee.

(8) "Law Enforcement Agency" has the meaning stated in Public Safety Article, § 3-201(d), Annotated Code of Maryland.

(9) "Law Enforcement Permit" means a hang tag issued by the MPA Office of Security or designee to law enforcement personnel.

(10) MdTA Police" means Maryland Transportation Authority personnel designated as members of the Police Force under Transportation Article, § 4-208, Annotated Code of Maryland, or any other police officers as defined by Public Safety Article, § 3-201(e), Annotated Code of Maryland, and who are authorized to perform law enforcement duties on MPA property

(11) "MdTA Police Cadet" means an employee of the Maryland Transportation Authority Police or any other law enforcement agency that is authorized to enforce parking regulations on MPA property.

(12) "MdTA Police Port Detachment" means personnel of the Maryland Transportation Authority Police or any other law enforcement agency that are specifically assigned to MPA property or Port facilities and that are authorized to enforce criminal laws and the regulations in this title.

(13) Motor Vehicle.

(a) "Motor vehicle", except as otherwise used in these regulations, means a vehicle that is self-propelled, including all automobiles, whether or not privately owned.

(b) "Motor vehicle" also includes multipurpose passenger vehicles, van pool vehicles, trucks, truck tractors, trailers, semitrailers, pole trailers, motorcycles, export or import cargo, and special mobile equipment.

(c) "Motor vehicle" includes any vehicle qualifying as a motor vehicle which is subject to all the requirements of this chapter while being pulled or towed by another motor vehicle.

(d) "Motor vehicle" does not include vehicles designed to operate only on rails or tracks.

(14) "MPA" means the Maryland Port Administration.

(15) "MPA property" means all property owned, leased, or operated by or under the control of the Maryland Port Administration.

(16) "Permit" means:

(a) The annual decal that is affixed to the vehicle windshield by the MPA Office of Security or designee;

(b) The visitor vehicle or cargo gate pass issued by security personnel at the facility access control point; or

(c) The 14-day pass issued by the MPA Office of Security or designee.

(17) "Port facilities" means any one or more or combination of facilities and structures owned, leased, operated by, or under the control of the MPA, including:

(a) Lands, piers, docks, wharves, warehouses, sheds, transit sheds, elevators, compressors, refrigeration storage plants, buildings, structures, and other facilities, appurtenances, or equipment useful or designed for use in connection with the operation of a port;

(b) Every kind of terminal or storage structure or facility useful or designed for use in handling, storing, loading, or unloading freight or passengers at marine terminals;

(c) Every kind of transportation facility useful or designed for use in connection with any of these.

(18) Special Mobile Equipment.

(a) "Special mobile equipment" means vehicles that are not used primarily for highway transportation of people or property, but which are operated or moved on a highway only as an incident to their non-highway use.

(b) "Special mobile equipment" includes road construction or maintenance machines, mobile cranes, ditch diggers, well drillers, portable concrete mixers, job site vehicles, portable power generators, fork lift trucks, yard hustlers, straddle carriers, crew haulers, rubber tired gantries, and other vehicles used to move personnel around the terminals in connection with the movement of cargo in maritime commerce.

(19) "Tenant" means a person who has been given authorization to use a facility for cargo handling purposes under a lease or other contract with MPA.

(20) "Vehicle operator" means the person in actual physical control of a motor vehicle.

(21) "Visitor vehicle pass" means the document issued at the access control point by security personnel for single day access to a facility for a personally owned vehicle.

Md. Code Regs. 11.05.03.02

Regulation .02B amended effective October 15, 1990 (17:20 Md. R. 2429)
Regulation .02B amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525)
Regulations .02 amended effective 41:26 Md. R. 1570, eff.1/5/2015