Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 03 - MARYLAND AVIATION ADMINISTRATION › Chapter 11.03.01 - Baltimore/Washington International Thurgood Marshall Airport › Section 11.03.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. As used in these
				regulations, the following terms have the meanings indicated unless the context
				requires otherwise. Words not specifically defined that relate to aeronautical
				practices, processes, and equipment shall be construed according to their
				general usage in the aviation industry.
B. Terms Defined.
(1) "Administration" means the Maryland
				Aviation Administration of the Maryland Department of Transportation,
				established pursuant to the Transportation Article, §
										2-102(b)(2),
				Annotated Code of Maryland.
(2)
				"Air carrier" means the commercial system of air transportation consisting of
				the certified air carriers, supplemental air carriers, and commercial operators
				of large aircraft.
(3) "Airfield
				operator's permit" means a license issued by the Maryland Aviation
				Administration for operating motor vehicles, loading bridges, or any other
				motorized equipment on the air operations area.
(4) "Air operations area" means the
				nonmovement area (taxilanes, loading ramps, apron, parking, cargo areas, and
				vehicle service roads within the airport operations area used for servicing
				aircraft and movement of vehicles), and movement area (runways, taxiways, and
				other areas of the Airport which are used for taxiing, takeoff, and landing of
				aircraft).
(5) "Airport" means
				Baltimore/Washington International Thurgood Marshall Airport (BWI), owned by
				the State of Maryland and operated by the Maryland Aviation Administration, as
				it exists or may be developed.
(6)
				"Airport Director" means the Executive Director or the Executive Director's
				designated representative.
(7)
				"Airport police" means any person vested with a police power of arrest on the
				Airport and providing police services on behalf of the Maryland Aviation
				Administration, either as an employee of the Administration or under contract
				to the Administration.
(8) "Airport
				police office" means an office established in the Airport terminal by the
				Maryland Aviation Administration for use by the Airport police.
(9) "Airport taxicab" means a taxicab driven
				by an authorized person who is working for, or under contract to, the
				authorized Airport taxicab concessionaire.
(10) "Airport taxicab concessionaire" means a
				company, partnership, corporation, or proprietorship which holds a contract
				with the Administration for the provision of taxicab service at the
				Airport.
(11) "Authorized" means
				acting under or pursuant to a written contract, permit, or other evidence of
				right issued by the Maryland Aviation Administration.
(11-1) "Authorized signatory" means an
				individual designated by an Airport tenant or contractor and approved by the
				Administration to sign for the company and verify that each identification
				badge applicant for the company has a continuous need for an Airport
				identification badge.
(12) "Bus"
				means a motor vehicle operated by an appropriately authorized agent on a fixed
				route and predetermined schedule to and from the Airport.
(13) "Combustible liquid" means any liquid
				that has a closed cup flash point at or above 100°F.
(14) "Commercial activity" means the sale,
				exchange, trading, buying, merchandising, hiring, marketing, promotion, or
				selling of commodities, goods, services, or property of any kind, or any
				revenue-producing activity.
(15)
				"Commercial vehicle" means any vehicle operated in connection with a commercial
				activity at the Airport as defined by §B(14) of this regulation and
				Regulation .06A of this chapter.
(16) "Courtesy service" means the operation
				of a business involving transportation of persons, baggage, or message/package
				delivery to or from the Airport in a courtesy vehicle.
(17) "Courtesy vehicle" means a vehicle
				operated to and from the Airport by a person for the transportation or
				convenience of its patrons or by a business whose airport activity is directly
				related to an off-Airport commercial activity.
(18) "Curbside" means the curb of the upper
				or lower motor vehicle ramp adjacent to the terminal building.
(19) "Deadheading" means a taxicab being
				driven to the Airport without a paying passenger in the taxicab.
(20) "Department" means the Maryland
				Department of Transportation.
(21)
				"Division" means the Division of Transportation and Terminal Services of the
				Maryland Aviation Administration.
(22) "Domestic animal" means any animal of a
				species usually domesticated in the United States and customarily found in the
				home.
(23) "Executive Director"
				means the Executive Director of the Maryland Aviation Administration, whose
				office is established pursuant to Transportation Article, §
										5-202.1, Annotated
				Code of Maryland, or the Executive Director's authorized
				representative.
(24) Fire Marshal.
(a) "Fire marshal" means an individual from
				the Airport Fire Marshal's Office or a fire prevention inspector who is
				employed by the BWI Airport Fire and Rescue Department.
(b) "Fire marshal" includes any designated
				representative of the State Fire Marshal's Office.
(25) "Fire Prevention Code" means the State
				Fire Prevention Code as defined in COMAR 29.06.01.
(26) "Flammable liquid" means any liquid that
				has a closed cup flash point below 100°F.
(26-1) "Grace period" means a period of time
				not to exceed 120 minutes for which on-Airport rental car businesses do not
				charge fees for late returns of rental cars.
(27) Gross Revenue-Off-Airport Rental Car
				Business.
(a) "Gross revenue-off-Airport
				rental car business" means all monies paid or payable from Airport customers to
				the off-Airport rental car business for the rental of its vehicles, or any
				vehicle-related item or service under a rental agreement with car pick up at
				the off-Airport site:
(i) Regardless of the
				ownership, area fleet, or location assignment of the vehicles;
(ii) Without regard to the manner in which,
				or place at which, the vehicles are furnished to the rental car business'
				customers; and
(iii) Without regard
				to whether the vehicles are returned to the off-Airport site or to some other
				location.
(b) "Gross
				revenue-off-Airport rental car business" includes the total amount billed by
				the rental car business on its Airport customer invoices, including any
				separately stated fees and charges related to its rental car business at the
				off-Airport site.
(c) "Gross
				revenue-off-Airport rental car business" does not include:
(i) Federal, State, or local sales, or
				similar taxes, which are separately stated and collected from
				customers;
(ii) Amounts received as
				insurance proceeds, or otherwise, for damages to vehicles and other
				property;
(iii) Sums received for
				loss, conversion, or abandonment of its vehicles;
(iv) Sums received from customers under its
				right to recover from its customers for damages to the rented vehicles to the
				extent the charges do not exceed the actual cost of repair or
				replacement;
(v) Proceeds from the
				sale of its vehicles;
(vi) Revenues
				realized as reimbursement for refueling a vehicle rented pursuant to a rental
				agreement under which the customer is obligated to return the vehicle with the
				same amount of gasoline furnished at the inception of the rental; and
(vii) Revenues realized from advance charges
				to customers for fuel, pursuant to a rental agreement.
(28) "Grounding or bonding" means
				providing a conductive path to equalize the potential static electricity
				between fueling equipment and aircraft by use of a cable.
(29) "Hazardous waste" means those wastes
				which are listed by the U.S. Environmental Protection Agency (EPA) or possess
				the qualities as specified by the EPA in accordance with its criteria as set
				forth in the Resource Conservation Recovery Act (RCRA) and as defined in COMAR
				26.13.02.03B.
(30) "IBC" has the meaning stated
				in COMAR 05.02.07.03B(7).
(31) "Identification badge" means an official
				identity card or badge used for the purpose of entering the air operations area
				and other restricted areas of the Airport, issued and approved by the
				Administration for Airport employees.
(32) "Labeled" means equipment or materials
				to which has been attached a label, symbol, or other identifying mark of an
				organization:
(a) That is acceptable to the
				authority having jurisdiction and is concerned with product
				evaluation;
(b) That maintains
				periodic inspection of production of labeled equipment or materials;
				and
(c) By whose labeling the
				manufacturer indicates compliance with appropriate standards or performance in
				a specified manner.
(33)
				"Law enforcement officer" means any person vested with a police power of arrest
				under federal, State, county, or city authority, and generally identifiable by
				uniform, badge, or other indicia of authority.
(34) "Limousine" means any motor vehicle
				having a rated seating capacity of six or more persons, not including the
				driver, operating to and from the Airport in accordance with a valid
				certificate issued by the appropriate governmental agency.
(35) "Listed" means equipment, materials, or
				services included in a list published by an organization:
(a) That is acceptable to the authority
				having jurisdiction and concerned with evaluation of products or
				services;
(b) That maintains
				periodic inspection of production of listed equipment or materials;
				and
(c) Whose listing states that
				either the equipment, material, or service meets identified standards or has
				been tested and found suitable for a specified purpose.
(36) "Motor vehicle" means a device in, upon,
				or by which a person or property may be propelled, moved, or drawn upon land,
				except a device moved by human or animal power and except aircraft and devices
				moved exclusively upon stationary rails or tracks.
(37) "Movement area" means the runways,
				taxiways, and other areas of the Airport that are used for taxiing, takeoff,
				and landing of aircraft, wherein movement of aircraft is under the control of
				the Federal Aviation Administration.
(38) "NFPA" has the meaning stated in COMAR
				29.06.01.05B(5).
(39) "Non-Airport taxicab" means any properly
				licensed taxicab other than an "Airport taxicab".
(40) "Nonmovement area" means the taxilanes,
				loading ramps, apron, parking, cargo areas, and vehicle service roads within
				the air operations area used for servicing aircraft and movement of vehicles
				exclusive of the movement area.
(41) "Off-Airport commercial activity" means
				a commercial activity operated by a business not physically located on Airport
				property that derives revenue in whole or in part from Airport
				customers.
(42) "Off-Airport rental
				car business" means a rental car business which:
(a) Is not located on Airport property;
				and
(b) Utilizes vehicles to
				transport Airport patrons to or from the off-Airport rental car business to or
				from the Airport consolidated rental car facility.
(43) "Office of Administrative Hearings
				(OAH)" means the unit within Maryland's Executive Branch responsible for
				scheduling and conducting administrative hearings.
(44) "On-Airport" means property at
				Baltimore/Washington International Thurgood Marshall Airport which is owned by
				the State and operated by the Maryland Aviation Administration or its
				contractors, as it exists or may be developed.
(44-1) "On-Airport rental car business" has
				the same meaning as "rental vehicle company" stated in Transportation Article,
				§
										18-108(a),
				Annotated Code of Maryland.
(45)
				"Operator" means any person who is in actual physical control of an aircraft or
				a motor vehicle.
(46) "Owner" means
				a person who holds the legal title of an aircraft or a motor vehicle. If the
				aircraft or motor vehicle is the subject of conditional sale or lease, with the
				right of purchase upon performance of the conditions stated in the agreement,
				and with the immediate right of possession vested in the conditional vendee or
				lessee or anyone in possession of an aircraft or motor vehicle on the Airport
				or, if a mortgagor of an aircraft or motor vehicle is entitled to the
				possession, then the conditional vendee, lessee, or mortgagor shall be deemed
				the owner.
(47) "Permit" means a
				courtesy/commercial vehicle permit or decal issued to a person or a qualified
				business permitting use of designated Airport property for conducting
				commercial activity or courtesy service.
(48) "Permit holder" means a qualified
				business that:
(a) Owns, operates, or
				authorizes a person to operate a permitted commercial or courtesy vehicle as
				defined in §B(15) and (17) of this regulation; and
(b) Is granted authority to operate
				commercial and courtesy vehicles by the Maryland Public Service Commission or
				the Office of Motor Carriers of the Federal Highway Administration.
(49) "Person" means any
				individual, firm, partnership, corporation, company, association, or joint
				stock association, and includes any trustee, receiver, committee, assignee, or
				other representative or employee of one.
(50) "Privilege fee" means a certain percent
				of gross revenue imposed on an off-Airport rental car business by the
				Administration for the privilege granted to the business to operate a
				commercial activity on and at the Airport.
(51) "Regulations" means these regulations as
				amended and supplemented.
(51-1)
				"Restricted area " means airport areas where access by the general public is
				prohibited or limited to authorized persons only with a business
				need.
(52) "Soliciting" means
				conducting unauthorized commercial activity including, but not limited to,
				generating business by speaking, distributing printed material, or any other
				means.
(53) "Solid waste" means any
				garbage, refuse, sludge, solid, liquid, semisolid, or contained gaseous
				materials which are the by-products of commercial activity, as defined under
				COMAR 26.03.03 and 26.13.02.
(54)
				"State" means the State of Maryland.
(55) "Terminal" means any passenger terminal
				facility at the Airport, including all roadways and parking facilities
				associated with it.
(56) "Traffic"
				means pedestrians and vehicles, singly or together, using any Airport area.
(56-1) "Transportation facility
				charge" means amounts collected by on-Airport rental car businesses to recover
				actual operation and maintenance costs related to operating a common shuttle
				bus fleet and a common bus maintenance facility at the Airport.