Maryland to Penalize EV Drivers Who Are Not Plugged In

$100 Fine at Maryland Charging Stations

Governor Larry Hogan signed legislation yesterday that will penalize gas vehicle drivers who block electric vehicle charging stations in Maryland. The same $100 fine will also apply to EV drivers who are not “plugged into charging equipment.”

Unless the vehicle is a plug–in electric drive vehicle that is plugged into charging equipment, a person may not stop, stand, or park a vehicle in a designated plug–in electric drive vehicle charging space.

Maryland Transportation Article §21–1003.2 (B)

Maryland is the 17th state to pass an “anti-ICEing” law to regulate parking at electric vehicle charging stations.

Virginia: Must be Actively Charging

A new Virginia law goes one step further. Beginning July 1st, electric vehicles in Virginia must be “in the process of charging” while in a reserved charging space. A diligent parking enforcement officer could conceivably ticket an EV driver for “ICEing” the instant their vehicle stops charging.

Colorado and New York also require EVs to be actively charging. However, those states give EV drivers a 30-minute grace period to move their car and make an exception for EV charging at airports, hotels and between the hours of 11 PM and 5 AM.

No Signs, No Fines

The Maryland anti-ICEing law cannot be enforced unless the charging station provider wants to post signs that conform to the requirements spelled out in the legislation. Enforceable signs must state the amount of the fine ($100) and meet state standards for parking signs including color, font size and placement height. The regulatory signs, and therefore enforceability, are at the discretion of the charging station provider.

(C) A publicly accessible plug–in electric drive vehicle charging space shall be designated by a sign that:
(1) Indicates that the charging space is only for electric vehicle charging;
(2) Includes any day or time restrictions;
(3) States the maximum fine that may be incurred for a violation; and
(4) Is consistent with the design and placement specifications established in the Manual on Uniform Traffic Control Devices for Streets and Highways adopted by the State Highway Administration under § 25–104 of this article.

Maryland Transportation Article §21–1003.2 (C)

Unenforceable at Tesla Superchargers

Tesla features their logo and red and white corporate colors to brand their Supercharging stations throughout the world. I’ve been to Superchargers in 48 states and have seen for myself that Tesla almost never uses regulatory parking signs. Signage allowing “general parking” at many Superchargers reveals a position that seems at odds with enforceable anti-ICEing signs.

Tesla lobbied Maryland lawmakers to remove a clause that would have mandated enforceable signs at Maryland charging stations that use public funding. Tesla wrote, “There are commercial properties who would like to install charging infrastructure but would not want to install a sign as required under HB157. For example, an establishment with limited spaces for customer parking may not be willing to limit its parking to EV customers only.”

Do not expect anti-ICEing enforcement at Tesla Superchargers in Maryland or Virginia.

EV Drivers Beware!

Both the Maryland and Virginia bills originally intended to discourage and penalize people who block EV charging stations with non-electric vehicles. A gas car never belongs in a charging spot. But well-meaning amendments to apply to EVs were subsequently added by the Virginia Governor and by Committee suggestions in Maryland.

An EV driver could unfairly get a ticket from an enforcement authority even though they were originally plugged in and may have intended to charge. But because of broken equipment, vandalism, or another EV driver stealing the plug, their car could become unplugged or stop charging. This may leave an innocent EV driver vulnerable to a violation. Be mindful of this when using public charging stations in Maryland and Virginia.

Full Text of Maryland Anti-ICEing Law

§ 21–1003.2. (Effective October 1, 2022)
Vehicle Laws – Plug–In Electric Drive Vehicles – Reserved Parking Spaces
(A) (1) In this section the following words have the meanings indicated.
(2) “Plug–in electric drive vehicle” means a motor vehicle: 
(I) That is made by a manufacturer;
(II) That is propelled to a significant extent by an electric motor that draws electricity from a battery that can be recharged from an external source of electricity;
(III) For which the external source of electricity is unable to be connected to the motor vehicle while the motor vehicle is in motion; and
(IV) That is properly registered.
(3) “Plug–in electric drive vehicle charging space” means a parking space that provides access to charging equipment that transfers electrical energy to a plug–in electric drive vehicle.
(B) Unless the vehicle is a plug–in electric drive vehicle that is plugged into charging equipment, a person may not stop, stand, or park a vehicle in a designated plug–in electric drive vehicle charging space.
(C) A publicly accessible plug–in electric drive vehicle charging space shall be designated by a sign that:
(1) Indicates that the charging space is only for electric vehicle charging;
(2) Includes any day or time restrictions;
(3) States the maximum fine that may be incurred for a violation; and
(4) Is consistent with the design and placement specifications established in the Manual on Uniform Traffic Control Devices for Streets and Highways adopted by the State Highway Administration under § 25–104 of this article.
(D) A plug–in electric drive vehicle charging space shall be counted as part of the overall number of parking spaces in a parking lot for the purpose of complying with any zoning or parking laws intended to meet requirements for commercial and industrial uses under the Americans with Disabilities Act.
(E) A person who violates this section is subject to a civil penalty of $100.

The Maryland Anti-ICEing Law will go into effect on October 1st.