Md. Code Regs. 11.07.03.15

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

Section 11.07.03.15 - Maximum Charges

A. The Chief of Police or the Chief's designee shall establish a maximum amount that may be charged by a permittee for services rendered in connection with a permit issued under these regulations. A permittee may not charge more than the maximum amount established for such services, regardless of whether the permittee provides and performs its services on Authority property or at any other place.

B. The Chief of Police or the Chief's designee shall establish a maximum amount that may be charged by a permittee to perform and provide the following services:

(1) Towing service for the following types of vehicles:

(a) Passenger vehicles, up to and including 3/4-ton trucks; and

(b) Commercial vehicles, which include:

(i) Vehicles of more than 3/4-ton, loaded or unloaded,

(ii) Tractor-trailers and towing vehicles, loaded or unloaded, and

(iii) Buses;

(2) Winching service, only if this service is provided for vehicles off a paved or improved portion of any Authority property for:

(a) Passenger vehicles, up to and including 3/4-ton trucks, per 1/4 hour of actual winch use to position the disabled vehicle for towing; and

(b) Commercial vehicles as described in §B(1)(b) of this regulation, per 1/4 hour of actual winch use to position the disabled vehicle for towing;

(3) Other services, which include:

(a) Use of dolly wheels or wheel lifts when a vehicle cannot be towed from its front or rear;

(b) Connecting air lines;

(c) Disconnecting drive shaft;

(d) Removing each axle;

(e) Road service, excluding labor and materials; and

(f) Vehicle storage, charges for which begin accruing 24 hours after the vehicle is towed in for storage for:

(i) Passenger vehicles, up to and including 3/4-ton trucks, per day, and

(ii) Commercial vehicles, as described in §B(1)(b) of this regulation, per day.

C. Miscellaneous Charges.

(1) Charges for parts furnished in connection with repairs made by the permittee for vehicles removed from any Authority property may not exceed the rates of the applicable dealer's list cost on parts.

(2) Labor Rates for Road and Mechanical Repair.

(a) A permittee shall file its labor rates for road and mechanical repair services with the Chief of Police or the Chief's designee. The labor rates may not exceed the prevailing rates in the permittee's area for similar services.

(b) The Chief of Police or the Chief's designee shall review the labor rates for road and mechanical repair services as filed by the permittee. If the rates are in accordance with the prevailing rates in the permittee's area, the Chief of Police or the Chief's designee shall approve the rates as filed.

(c) If the labor rates for road and mechanical repair services are not in accordance with the prevailing rates in its area, the Chief of Police or the Chief's designee may not approve the rates as filed, and shall require the permittee to file a revised schedule of labor rates for repair services, which shall be consistent with the prevailing rates in the permittee's area.

(3) A permittee may not impose a duplicate charge for any services subsequently performed on a disabled vehicle in its garage after the permittee has performed similar services on the vehicle on Authority property before towing the vehicle to the permittee's garage for further servicing.

(4) A permittee may impose only one flat-rate charge, as established by the Chief of Police or the Chief's designee for towing a vehicle from its initial location to the permittee's place of business, to its garage or storage facility, or, at the request of the owner or operator, to the nearest interchange off Authority property.

(5) A permittee may not impose a charge for either a backward tow or for a hook-up for tow.

(6) A permittee may impose a reasonable charge for preparing a vehicle for tow, only in the event of an accident or unusual damage which would prevent a vehicle from being towed without preparation.

(7) A vehicle owner or operator requesting service, if available, shall be required to sign a written estimate for the cost of the service. The permittee may also obtain authorization for the estimate by telephone.

D. The Chief of Police or the Chief's designee may, from time to time, increase the maximum charges for services set in accordance with these regulations.

E. Exceptions.

(1) A permittee may impose a charge higher than the estimated maximum charges if an operator or owner of a vehicle requests that the vehicle be towed to a place other than the permittee's place of business, or to its garage or storage facility. For this request, a permittee may charge the prevailing rate for similar services performed in the permittee's area.

(2) If the operator or owner of a vehicle requests that the vehicle be towed to a place other than the permittee's place of business, its garage or storage facility, or to the nearest interchange off Authority property, the permittee shall record legibly on the statement of charges the:

(a) Request made by the operator or owner of the vehicle; and

(b) Higher rate, if any, charged by the permittee.

Md. Code Regs. 11.07.03.15

Regulation .15 amended effective April 5, 2010 (37:7 Md. R. 572)