WILLIAM DONALD SCHAEFER, Governor                   Ch. 659

(3) "COMMON CARRIER" MEANS:

(I)  AN ENTITY THAT TRANSPORTS MOTOR VEHICLE
FUEL OR AVIATION FUEL, FOR ANOTHER, FOR A FEE; AND

(II)  IS LICENSED AND REGULATED BY EITHER THE
MARYLAND PUBLIC SERVICE COMMISSION OR THE INTERSTATE COMMERCE
COMMISSION.

(B)  A POLICE OFFICER OF THE STATE MAY:

(1)  SEIZE ANY CONTRABAND PETROLEUM PRODUCTS IN THE
STATE WITHOUT A WARRANT;

(2)  STOP ANY CONVEYANCE AND SEARCH IT FOR CONTRABAND
PETROLEUM PRODUCTS IF THE POLICE OFFICER HAS PROBABLE CAUSE TO
BELIEVE THAT THE CONVEYANCE IS BEING USED TO CARRY CONTRABAND
PETROLEUM PRODUCTS IN THE STATE; AND

(3)  SEIZE A CONVEYANCE IF THE CONVEYANCE IS BEING
USED TO TRANSPORT CONTRABAND PETROLEUM PRODUCTS IN VIOLATION OF
THIS ARTICLE.

(C)  (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS
SUBSECTION, A POLICE OFFICER OF THE STATE WHO SEIZES ANY
CONTRABAND PETROLEUM PRODUCTS OR CONVEYANCE USED TO TRANSPORT
CONTRABAND PETROLEUM PRODUCTS SHALL DELIVER CUSTODY OF THE SEIZED
PETROLEUM PRODUCTS AND CONVEYANCE TO THE COMPTROLLER.

(2) IF THE SEIZED CONVEYANCE IS OPERATED BY A COMMON
CARRIER, IN LIEU OF ACTUAL DELIVERY OF CUSTODY OF THE SEIZED
CONVEYANCE TO THE COMPTROLLER, THE FOLLOWING PROVISIONS SHALL
APPLY:

(I)  THE POLICE OFFICER MAY DIRECT THE OPERATOR
OF THE SEIZED CONVEYANCE TO TAKE THE CONVEYANCE TO A DESIGNATED
LOCATION;

(II)  AT THE DESIGNATED LOCATION, THE CONTRABAND
PETROLEUM PRODUCTS CONTAINED IN THE CONVEYANCE SHALL BE REMOVED
AND RETAINED BY THE COMPTROLLER, SUBJECT TO THE PROVISIONS OF
THIS SECTION;

(III)  AFTER REMOVAL OF THE CONTRABAND PETROLEUM
PRODUCTS, THE CONVEYANCE SHALL BE RELEASED TO THE OPERATOR
THEREOF; AND

(IV)  THE COMPTROLLER SHALL REIMBURSE THE COMMON
CARRIER FOR ALL TARIFF CHARGES APPLICABLE TO THE MOVEMENT OF THE
CONVEYANCE FROM THE PLACE OF SEIZURE TO THE LOCATION WHERE THE
CONTRABAND PETROLEUM PRODUCTS WERE REMOVED AND FROM THE PLACE
WHERE THE CONTRABAND PETROLEUM PRODUCTS WERE REMOVED TO THE

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