Md. Code Regs. 11.15.22.16

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

Section 11.15.22.16 - Records and Audits

A. Duty to Maintain.

(1) Operation Records. Every apportioned carrier shall maintain the operational records on which its registration application is based for a period of 3 years. Operational records include documents supporting mileage travelled in each jurisdiction and total mileage travelled, such as fuel reports, trip sheets, logs and computer runs. An acceptable source document for verification of fleet mileage shall be some type of Individual Vehicle Mileage Record which shall be completed for each movement of a vehicle and which shall contain the following:

(a) For records produced by a means other than a vehicle-tracking system:

(i) The beginning and ending dates of the trip to which the records pertain;

(ii) The origin and destination of the trip;

(iii) The route of travel;

(iv) The beginning and ending reading from the odometer, hubodometer, engine control module (ECM), or any similar device for the trip;

(v) The total distance of the trip;

(vi) The distance traveled in each jurisdiction; and

(vii) The VIN or equipment number;

(b) For records produced wholly or partly by a vehicle-tracking system, including a system based on the Global Positioning System (GPS):

(i) The original GPS or other location data for the vehicle to which the records pertain;

(ii) The date and time of each GPS or other system reading;

(iii) The location of each GPS or other system reading;

(iv) The beginning and ending reading from the odometer, hubodometer, ECM, or any similar device for the period to which the records pertain;

(v) The calculated distance between each GPS or other system reading;

(vi) The route of the vehicle's travel;

(vii) The total distance traveled by the vehicle;

(viii) The distance traveled in each jurisdiction; and

(ix) The VIN or equipment number; and

(c) Summaries:

(i) For each month, a summary of the fleet's operations which includes both the full distance traveled by each apportioned vehicle in the fleet during the calendar month, and the distance traveled in the month by each apportioned vehicle in each jurisdiction; and

(ii) For each calendar quarter, a summary of the fleet's operations which includes both the full distance traveled by vehicles in the fleet during the calendar quarter, and the distance traveled in each jurisdiction by the vehicles in the fleet during the calendar quarters.

(2) Failure to Maintain Records.

(a) If the records produced by the registrant for audit do not, for the registrant's fleet as a whole, meet the criteria or if, within 30 calendar days of the issuance of a written request by the State of Maryland, the registrant produces no records, the State shall impose on the registrant:

(i) First offense: An assessment in the amount of 20 percent of the apportionable fees paid by the registrant for the registration of its fleet in the registration year to which the records pertain;

(ii) Second offense: The Administration shall impose an assessment of 50 percent of the apportionable fees paid by the registrant for the registration of its fleet in the registration year to which the records pertain; and

(iii) Third or subsequent offense: The Administration shall impose an assessment of 100 percent of the apportionable fees paid by the registrant for the registration of its fleet in the registration year to which the records pertain.

(b) The Administration shall distribute the amounts of assessment it collects under this subsection on a pro rata basis to the other jurisdictions in which the fleet was registered.

B. Audit of Records.

(1) General. Operational records of a carrier shall be subject to audit by the Administration and shall be made available by the carrier within 30 days of notice from the Motor Carrier Services Section. The carrier shall pay any deficiency found due as the result of the audit.

(2) Out-of-State Records. If the operational records of a carrier are not located or made available in Maryland, the carrier shall pay the per diem and travel expenses of Maryland's auditors.

Md. Code Regs. 11.15.22.16

Regulation .16 amended effective 43:15 Md. R. 864, eff. 8/1/2016