Md. Code Regs. 11.15.22.04

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

Section 11.15.22.04 - Definitions

A. The following words and terms have the following meanings, unless the context clearly indicates otherwise.

B. Terms Defined.

(1) "Administration" means the Motor Vehicle Administration.

(2) "Agent-lessor" means a service representative who furnishes facilities and services including sales, warehousing, motorized equipment and drivers under contract or other arrangement to a carrier for transportation of property by a household goods carrier.

(3) "Applicant" means a person, firm, or corporation in whose name an application to apportion the registrations of a fleet of vehicles is filed.

(4) "Apportionable fee" means any periodically recurring fee required for licensing or registering vehicles, such as, but not limited to:

(a) Registration fees; and

(b) License or weight fees.

(5) "Apportionable vehicle" means any vehicle, except recreational vehicles, vehicles displaying restricted plates, city pickup and delivery vehicles, buses used in transportation of chartered parties, and government-owned vehicles, used or intended for use in two or more member jurisdictions for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property:

(a) Having a gross vehicle weight in excess of 26,000 pounds;

(b) Having three or more axles, regardless of weight; or

(c) If used in combination, with the gross weight of a combination exceeding 26,000 pounds.

(6) "Audit" means the examination of a registrant's records, including source documents, to verify the distances reported in the registrant's application for apportioned registration and evaluate the accuracy of the registrant's distance-accounting system for its fleet. Such an examination may be of multiple fleets for multiple years

(7) "Auxiliary axle" means an auxiliary under carriage assembly with a fifth wheel and tow bar used to convert a semi-trailer to a full trailer.

(8) "Average per-vehicle distance" means the average per-vehicle distance in each member jurisdiction determined by the total actual distances reported during the previous registration year as having been operated by all Maryland carriers.

(9) "Base jurisdiction" means for the purpose of fleet registration, the jurisdiction where:

(a) The registrant has an established place of business;

(b) Mileage is accrued by the fleet; and

(c) Operational records of the fleet are maintained or can be made available.

(10) "Base plate" means the registration plate, or plates, issued by the base jurisdiction, identified by having the word "APPORTIONED" and the base jurisdiction's name on the plate.

(11) "Bilateral agreement" means a registration reciprocity agreement between Maryland and another jurisdiction providing the payment of registration fees on the basis of fleet miles operated in each jurisdiction.

(12) "Cab card" means a registration card issued by the base jurisdiction for a vehicle of an apportioned fleet containing:

(a) The make and VIN of the vehicle;

(b) The base plate number,

(c) The jurisdictions in which the vehicle is registered;

(d) The registered gross weight for each jurisdiction;

(e) Any other information deemed necessary.

(13) "Carrier" means an individual, partnership, or corporation engaged in the business of transporting goods or persons.

(14) "Credentials" means a cab card and apportioned plate issued for a vehicle registered by a jurisdiction which is a party to an agreement.

(15) "Established place of business" means a physical structure owned or leased by a fleet registrant designated by a street and number or road location, which is open during normal business hours and in which are located:

(a) A telephone publicly listed in the name of the fleet registrant;

(b) A person conducting the fleet registrant's business; and

(c) The operational records of the fleet unless the records can be made available.

(16) "Equipment number" means the unit number or equipment number assigned by the applicant. Each piece or unit of equipment must have a specific International Registration Plan (IRP) identifier.

(17) "Fleet" means one or more apportionable vehicles.

(18) "Household goods" means:

(a) Personal effects and property used or to be used in a dwelling when the household goods are part of the equipment or supply of the dwelling;

(b) Furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals, or other establishments, when a part of the stock, equipment, or supply of the stores, offices, museums, institutions, hospitals, or other establishments; and

(c) Articles including objects of art, displays, and exhibits which because of their unusual nature or value require the specialized handling and equipment usually employed in moving household goods.

(19) "Hunter's permit" means a temporary vehicle registration permit issued to an owner-operator, not operating as a lessor, for a registered gross weight not exceeding the empty weight of the vehicle.

(20) "In-jurisdiction miles" means the total number of miles operated by a fleet of proportionally registered vehicles in a jurisdiction during the preceding year. Mileage of Maryland registered vehicles accrued in jurisdictions which are not member jurisdictions shall be counted as in-jurisdiction miles operated in Maryland.

(21) "International Registration Plan (IRP)" means a registration reciprocity agreement among states of the United States, the District of Columbia, and provinces of Canada providing for the payment of apportionable fees on the basis of fleet miles operated in each jurisdiction.

(22) "Interstate operations" means vehicle movement between or through two or more jurisdictions.

(23) "Intrastate operations" means vehicle movement from one point within a jurisdiction to another point within the same jurisdiction.

(24) "IVMR" means individual vehicle mileage record.

(25) "Jurisdiction" means:

(a) A state, territory or possession of the United States;

(b) The District of Columbia;

(c) A state or province of a country.

(26) "Lease" means a written document vesting exclusive possession and control of a vehicle owned by another.

(27) "Lessor" means a person, firm, or corporation which under the terms of a lease, grants the legal right of possession and control of a vehicle to another person, firm, or corporation (the lessee).

(28) "Long-term lease" means a lease having a term of 30 days or more.

(29) "Member jurisdiction" means a jurisdiction which is a party to the International Registration Plan.

(30) "Negotiable title" means a title issued by a jurisdiction which documents ownership of a vehicle and can be used to transfer ownership.

(31) "Operational records" means documents supporting in-jurisdiction miles traveled in each jurisdiction and total miles traveled, such as fuel reports, trip sheets, and logs.

(32) "Owner-operator" means an equipment lessor who leases his vehicular equipment with driver to a carrier pursuant to Interstate Commerce Commission regulations, 49 CFR 1057 or similar regulations of a jurisdiction's regulatory body.

(33) "Power unit" means a vehicle which is self propelled by power other than muscular power.

(34) "Preceding year" means the 12-month period after June 30 of one year and before July 1 of the following year, which immediately precedes the registration or license year for which proportional registration is sought.

(35) "Reciprocity" means exemption from further registration by any member jurisdiction of an apportionable vehicle registered under an agreement.

(36) "Reciprocity agreement" means an agreement, arrangement, or understanding governing the reciprocal grant of rights or privileges, or both, to vehicles, which are based in and properly registered under the applicable laws of the jurisdictions which are parties to the agreement, arrangement, or understanding.

(37) "Registrant" means a person, firm, or corporation in whose name an apportioned vehicle is registered.

(38) "Registration year" means the 12-month period during which the registration dates issued by the base jurisdiction are valid according to the laws of the base jurisdiction.

(39) "Rental fleet" means five or more vehicles which are rented or offered for rental without drivers and which are designated by a rental owner as a rental fleet.

(40) "Rental owner" means an owner principally engaged in renting rental fleets to others or offering for rental the vehicles of the fleets without drivers.

(41) "Rental vehicle" means a vehicle of a rental fleet.

(42) "Renting or leasing" means the giving of possession and control of a vehicle for valuable consideration for a specified period of time.

(43) "Restricted plate" means a registration plate which is restricted as to time, less than a full registration year, geographic area, mileage or commodities or persons which may be hauled. Example: farm truck plate, dealer plate.

(44) "Road tractor (mobile home toter)" means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load on it either independently or any part of the weight of a vehicle or load so drawn.

(45) "Short term lease" means a lease having a term of less than 30 days.

(46) "Temporary authority" means a temporary registration authorizing the operation of a Maryland vehicle for 45 days while application for a change in fleet registration is being processed by the Administration.

(47) "Total miles" means the total number of miles operated by a fleet of proportionally registered vehicles in all jurisdictions during the preceding year.

(48) "Tractor" means a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicles and load so drawn.

(49) "Trip permit" means a temporary permit issued by a jurisdiction instead of regular apportioned registration.

(50) "Truck" means every motor vehicle designed, used, or maintained primarily for the transportation of property.

(51) "Truck tractor" means a motor vehicle designed and used primarily for drawing other vehicles but so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

(52) "Vehicle-tracking system" means an electronic system that monitors the exact location, 24 hours a day, of any moving vehicle using the Global Positioning System (GPS) or another type of automatic vehicle location technology.

(53) "VIN" means vehicle identification number.

Md. Code Regs. 11.15.22.04

Regulation .04 amended effective 43:15 Md. R. 864, eff. 8/1/2016