Md. Code Regs. 11.05.03.03

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

Section 11.05.03.03 - Motor Vehicle Port Admission Permit

A. Permit Requirements.

(1) A person may not operate or bring a motor vehicle on MPA property unless the motor vehicle has been issued an Annual Decal or a Visitor, 14-Day, or Cargo Gate Pass in accordance with this chapter.

(2) Failure to display the decal or pass properly may result in the denial of access to MPA property.

(3)Access to MPA property is subject to limitations and time frames specified by the MPA.

(4) A motor vehicle specifically exempted by these regulations is not subject to permit requirements.

B. Types of Permits.

(1) Annual Decal. Motor vehicles regularly operated on MPA property or requiring regular visits to the property, shall display evidence of having obtained an Annual Decal. The decal shall be applied to the outside lower portion of the driver side of the vehicle's front windshield with the expiration date clearly displayed.

(2) 14-Day Pass. Motor vehicles operated by persons on MPA property on a daily basis for 7 days or longer, shall display evidence of having obtained a 14-Day Pass. Issuance of a 14-Day Pass requires prior notification of the MPA Office of Security or designee. The pass shall be placed on the dashboard in the driver's front left windshield area of the vehicle so as to be visible from the outside.

(3) Visitor Pass. Motor vehicles, owned or operated by persons on MPA property on a daily basis for a length of time less than 7 days, shall display evidence of having obtained a Visitor Pass. Issuance of a Visitor Pass requires prior notification to the MPA via its electronic visitor database. The pass shall be:

(a) Placed on the dashboard in the driver's front left windshield area of the vehicle so as to be visible from the outside.

(4) Cargo Gate Pass. A motor vehicle which is designed to carry cargo or is designated as cargo is required to obtain a Cargo Gate Pass at one of the truck access control points before reporting directly to the marine terminal operator or cargo processor within MPA property that is handling the cargo. The cargo shall be registered via MPA's electronic database, eModal, before entering the facility.

(5) Exemptions. Special mobile equipment and emergency vehicles, as defined in Transportation Article, § 11-118, Annotated Code of Maryland are exempt from the permit requirements of this chapter when they are being used:

(a) In the performance of official duties; or

(b) For conducting business on any MPA facility.

C. Application Procedures.

(1) Requirements for an Annual Decal. A person desiring an annual decal under this regulation shall:

(a) Establish to the satisfaction of the MPA Office of Security a legitimate purpose for being on a facility;

(b) Submit a completed permit application to the MPA Office of Security or designee on the form provided;

(c) Exhibit a valid State registration card or proof of ownership for the vehicle for which application is made; and

(d) Exhibit a valid State driver's license, of the class authorized for that particular type of vehicle, covering the person operating the vehicle at the time of application, and exhibit proof of insurance for the vehicle for which application is made.

(2) Requirements for a Visitor Vehicle Pass. A Visitor Vehicle Pass shall be obtained at the access control point of the facility to which access is desired. All visitors shall have received prior authorization to enter the facility from the MPA, the MdTA Police, or a tenant or other user of the facility. The person who authorized the visitor's entry to the facility shall provide all required identification information to the MPA in advance through MPA's electronic visitor database.

(3) Requirements for a 14-Day Pass. A person desiring a 14-Day Pass under this regulation shall:

(a) Provide to the MPA Office of Security or designee evidence of hardship or exigent circumstances justifying the person's failure to obtain an annual or temporary decal; and

(b) Receive prior authorization from the MPA, the MdTA Police, or a tenant or other user of the Port facility to be on the facility for the requested period.

(4) Requirements for a Cargo Gate Pass. A motor vehicle entering MPA port facilities to deliver or pick up cargo shall be issued a Cargo Gate Pass after its driver produces valid identification and establishes a legitimate business purpose for entry to the facility. The Cargo Gate Pass shall be validated by the tenant while the vehicle is on the facility and verified by the security guard on exit.

D. Decision on Application for Annual Decals.

(1) An Annual Decal may be issued only to those persons who have employment-related or business-related purposes for gaining admission to MPA property.

(2) If an application is denied, the applicant may confer with the MPA Director of Security as to the reason for the denial.

(3) If the MPA Director of Security concurs in the denial, the applicant may appeal this decision to the MPA Deputy Executive Director.

(4) An applicant has the rights granted in the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

E. Display of Decals and Passes.

(1) Annual Decals. Upon approval of an application for an Annual Decal, the MPA Office of Security or designee shall issue an identifying decal. This decal signifies to the MdTA Police and the MPA that an application is on file for the vehicle which has met all the requirements of this chapter. The decal, upon issue, shall immediately be applied to the vehicle windshield by [an MdTA police employee] the MPA Office of Security or designee and is the only evidence of application approval and is valid until termination.

(2) 14-Day Passes. Upon approval of an application for a 14-Day Pass, the MPA Office of Security or designee shall issue a 14-Day Pass to the applicant. This pass, upon issue, shall be prominently displayed within the front left windshield area of the vehicle and in full view from the exterior while the motor vehicle is on MPA property.

(3) Visitor Vehicle Pass. Upon approval of a visitor's entrance into a facility, a designated security officer shall issue a Visitor Vehicle Pass to the driver, which shall be prominently displayed within the windshield area of the vehicle and in full view from the exterior with the date clearly visible while the motor vehicle is on MPA property.

(4) An operator or owner of a motor vehicle is in violation of this regulation if the owner or operator is required to display a decal or pass for the motor vehicle but:

(a) Does not display a decal or pass; or

(b) Displays an expired decal or pass.

F. Non-Transferability of Decals and Passes. An Annual Decal or Visitor Vehicle, 14-Day, or Cargo Gate Pass may not be transferred to or displayed on any vehicle other than the vehicle to which the decal or pass has been issued. A pass may not be transferred to or displayed by any person other than the person to whom issued.

G. Termination of Decals and Passes.

(1) Annual Decals.

(a) Upon termination of an Annual Decal, the decal shall be removed by the vehicle owner, by another person on the owner's behalf, or by a designated MPA or MdTA police employee.

(b) Annual Decal termination occurs on the earliest of:

(i) The date the need for facility access stated in support of the original application no longer exists (for example, termination of employment on the terminal);

(ii) The date the owner or operator voluntarily surrenders the permit;

(iii) The date the MPA Office of Security or designee revokes or suspends the permit.

(c) Unless Annual Validation Tabs have been issued and affixed to the Annual Decal by the MPA Office of Security or designee, the Annual Decal expires at midnight on June 30 of each year.

(2) Visitor Vehicles Passes.

(a) The Visitor Vehicle Pass shall be returned to a designated security officer upon departure of the motor vehicle from the facility.

(b) The Visitor Vehicle Pass automatically expires at the end of the calendar date indicated, upon its voluntary surrender, upon departure of the motor vehicle from the MPA facility at which the permit was issued, or upon revocation by the MPA Office of Security or designee in accordance with the provisions in this chapter.

(3) 14-Day Passes.

(a) The 14-Day Pass shall be returned to the MPA Office of Security or designee upon expiration of the pass.

(b) The 14-Day Pass automatically expires at the end of the calendar date indicated, upon its voluntary surrender, when the need for which the permit was issued no longer exists, or upon revocation by the MPA Office of Security or designee in accordance with the provisions in this chapter.

H. Notice of Changes in Conditions.

(1) Changes in the information given in the original application for the decal or pass shall be reported by the applicant, or the decal or pass holder authorizing entry for a visitor, to the MPA Office of Security or designee immediately after the change.

(2) The following changes shall be reported:

(a) New motor vehicle registration plate number;

(b) Sale or other disposition of the motor vehicle;

(c) Loss of or damage to the decal or pass;

(d) Change of regularly assigned place of employment;

(e) Change of applicant's employer;

(f) Change in the home address of the owner of the motor vehicle.

I. Limitations. The issuance of any decal or pass under this chapter or permission for any person to enter MPA property does not permit the motor vehicle or persons unrestricted access throughout a facility or unrestricted movement or parking in the facility for which the decal or pass is issued. Motor vehicles with decals or passes, and persons allowed to enter are permitted access to the property only when the need for access, as given in support of the application, exists. Every person in the facility shall obey these regulations regarding the operation and parking of motor vehicles together with all directives and signs issued by the MPA and all oral or written directions given by MdTA Police to implement this chapter.

Md. Code Regs. 11.05.03.03

Regulation .03 amended effective October 15, 1990 (17:20 Md. R. 2429)
Regulation .03E amended effective February 24, 1986 (13:4 Md. R. 396)
Regulation .03 amended effective February 18, 2002 (29:3 Md. R. 222); April 6, 2009 (36:7 Md. R. 525)
Regulations .03 amended effective 41:26 Md. R. 1570, eff.1/5/2015