Section 24-113.3 - Exceptional milk hauling permit [Section subject to abrogation].
§ 24-113.3. Exceptional milk hauling permit [Section subject to abrogation].
(a) Issuance in certain counties.- An exceptional milk hauling permit issued under this section is valid only in Allegany County, Anne Arundel County, Baltimore County, Carroll County, Frederick County, Garrett County, Howard County, Montgomery County, Prince George's County, and Washington County.
(b) Issuance for combination of vehicles.- Notwithstanding any other provision of this title, the State Highway Administration may issue an exceptional milk hauling permit for a combination of vehicles that:
(1) Carries to a processing plant raw liquid milk that is the only load on the vehicle and is loaded from bulk liquid milk storage tanks at one or more farm locations; and
(2) Has an axle configuration of not less than six axles and a front-to-rear centerline axle spacing of not less than 50 feet.
(c) Combination of vehicles operating under permit; requirements.- A combination of vehicles operating under the authority of an exceptional milk hauling permit issued under subsection (b) of this section shall:
(1) Comply with the following weight limits:
(i) A maximum of 20,000 pounds gross weight on a single axle;
(ii) For any consecutive axle configuration of two or more axles on individual vehicles in a combination, the weight specified in § 24-109(c) of this subtitle; and
(iii) A maximum of 87,000 pounds gross combination weight;
(2) Twice each year, submit to and pass a North American Standard Driver/Vehicle Level 1 inspection; and
(3) Be allowed a load limit tolerance of only 1,000 pounds for gross combination weight and 15% for axle weights.
(d) Persons operating a combination of vehicles under permit - Prohibitions.- While operating a combination of vehicles under the authority of an exceptional milk hauling permit issued under subsection (b) of this section, a person may not:
(1) Violate a highway restriction issued by a competent authority;
(2) Operate the combination of vehicles on the interstate highway system, as defined in § 8-101(j) of this article;
(3) Operate the combination of vehicles if the combination of vehicles exceeds any tire weight rating or tire speed restriction adopted under § 25-111 of this article; or
(4) Fail to comply with the terms and conditions of the exceptional milk hauling permit.
(e) Persons operating a combination of vehicles under permit - Inspection reports.- While operating a combination of vehicles under the authority of an exceptional milk hauling permit issued under subsection (b) of this section, a person shall have in the person's possession:
(1) The original exceptional milk hauling permit issued for the vehicle; and
(2) For each vehicle in the combination of vehicles, a copy of a valid North American Standard Driver/Vehicle Level 1 inspection report issued within the preceding 180 days that shows no out-of-service violations.
(f) Violations of this section.-
(1) A violation of this section, regulations adopted to implement this section, or the terms and conditions of an exceptional milk hauling permit issued under subsection (b) of this section shall:
(i) Void the authority granted under the exceptional milk hauling permit;
(ii) Subject the vehicle to all weight requirements and tolerances specified in this article; and
(iii) For a violation of a weight restriction specified in this section that exceeds 5,000 pounds, subject the exceptional milk hauling permit to immediate confiscation by an officer or authorized civilian employee of the Department of State Police, an officer of the Maryland Transportation Authority Police, or any police officer.
(2) A person who confiscates an exceptional milk hauling permit under paragraph (1) of this subsection shall immediately notify the State Highway Administration.
(3) On notification of the confiscation of an exceptional milk hauling permit, the State Highway Administration shall review the confiscation, verify the violation of a weight restriction, and, if the State Highway Administration determines that a violation did occur, revoke the permit.
(4) An owner or operator of a combination of vehicles may appeal the revocation of an exceptional milk hauling permit to the State Highway Administrator or the Administrator's designee.
(g) Weight and delivery records.-
(1) On request from the State Highway Administrator or the Administrator's designee, weight and delivery records of the holder of an exceptional milk hauling permit that are kept in the normal course of business shall be provided by:
(i) The holder of the exceptional milk hauling permit;
(ii) A facility that receives raw liquid milk delivered by a vehicle operating under the authority of an exceptional milk hauling permit; or
(iii) A producer of raw liquid milk having the product transported under the authority of an exceptional milk hauling permit.
(2) If the holder of an exceptional milk hauling permit, a facility that receives raw liquid milk, or a producer of raw liquid milk does not comply with a request under this subsection, the State Highway Administration may:
(i) Suspend the holder's exceptional milk hauling permit; or
(ii) Prohibit a vehicle from picking up from the producer or delivering to the noncompliant facility raw liquid milk under the authority of the exceptional milk hauling permit.
(h) Fees.-
(1) An applicant for an exceptional milk hauling permit shall pay to the State Highway Administration:
(i) $500 for the issuance of a new permit or the annual renewal of a permit;
(ii) $1,000 for the reinstatement of a permit that was revoked under subsection (f)(3) of this section for a first violation; and
(iii) $5,000 for the reinstatement of a permit that was revoked under subsection (f)(3) of this section for a second or subsequent violation within the prior 24 months.
(2) A fee paid under this subsection is nonrefundable.
(i) Term of permit.- Except as otherwise provided in this section, an exceptional milk hauling permit is valid for 1 year from the date of issuance.
(j) Regulations.- In consultation with the Secretary of State Police, the State Highway Administration shall adopt regulations to implement this section.
[2007, ch. 404.]