# Transportation (GTR)

## Title 11. Vehicle Laws -- Definitions; General Provisions

### Subtitle 1. Definitions

#### Section 11-101

In the Maryland Vehicle Law, the following words have the meanings indicated, unless the context requires otherwise.

#### Section 11-101.1

"Active duty" has the meaning stated in Sec. 9-901 of the State Government Article.

#### Section 11-101.2

"Active service member" has the meaning stated in Sec. 9-901 of the State Government Article.

#### Section 11-102

"Administration" means the Motor Vehicle Administration.

#### Section 11-103

"Administrator" means the Motor Vehicle Administrator.

#### Section 11-103.1

"Alcohol" means any substance or substances containing any form of alcohol, including ethanol, methanol, propynol, and isopropynol.

#### Section 11-103.2

(a) "Alcohol concentration" means:

  (1) The number of grams of alcohol per 100 milliliters of blood; or

  (2) The number of grams of alcohol per 210 liters of breath.

(b) If the alcohol concentration is indicated in the number of milligrams of alcohol per deciliter of blood or the number of milligrams of alcohol per 100 milliliters of blood, a court or an administrative law judge, as the case may be, shall convert the measurement into the number of grams of alcohol per 100 milliliters of blood by dividing the measurement by 1000.

#### Section 11-103.3

"All-terrain vehicle" means a motor vehicle that:

(1)

  (i) Is designed for off-highway use;

  (ii) Operates on at least three low-pressure tires;

  (iii) Has a seat or saddle designed to be straddled by the operator;

  (iv) Has handlebars for steering;

  (v) Is intended by the manufacturer to be operated by a single operator; and

  (vi) May be designed to carry one passenger; or

(2)

  (i) Is designed for off-highway use;

  (ii) Operates on four or more low-pressure tires;

  (iii) Has a bench or bucket-style seating; and

  (iv) Has a steering wheel for steering.

#### Section 11-103.4

"Armed forces" has the meaning stated in Sec. 9-901 of the State Government Article.

#### Section 11-103.5

"Autocycle" means a motor vehicle that:

(1) Has two front wheels and one rear wheel;

(2) Has a steering mechanism;

(3) Has permanent seats on which the operator or a passenger is not required to sit astride;

(4) Has foot pedals to control at least one of the following:

  (i) Acceleration;

  (ii) Braking; or

  (iii) If applicable, a clutch; and

(5) Is manufactured to comply with federal safety standards for motorcycles.

#### Section 11-104

"Bicycle" means:

(1) A vehicle that:

  (i) Is designed to be operated by human power;

  (ii) Has two or three wheels, of which one is more than 14 inches in diameter; and

  (iii) Has a drive mechanism other than by pedals directly attached to a drive wheel;

(2) An electric bicycle;

(3) A moped; or

(4) An electric low speed scooter.

#### Section 11-104.1

"Boat trailer" means a vehicle that is:

(1) Designed and constructed to transport a boat used for recreational purposes; and

(2) Of a size and weight that does not require a special highway movement permit when towed by a motor vehicle.

#### Section 11-105

"Bus" means:

(1) A motor vehicle that is designed to carry more than ten passengers and is used to carry people; and

(2) Any other motor vehicle that is designed and used to carry people for compensation, except for a taxicab.

#### Section 11-106

"Camping trailer" means a vehicle that:

(1) Is mounted on wheels; and

(2) Has collapsible partial sidewalls that fold for towing by another vehicle and unfold to provide temporary living quarters for recreational, camping, or travel use.

#### Section 11-107

"Cancel", as used in reference to a driver's license issued under Title 16 of this article, means to annul or terminate, by formal action of the Administration, an individual's driver's license because of some error or defect in the license or because the individual no longer is entitled to the license, but without prejudice to the right of the individual to apply for a new driver's license at any time.

#### Section 11-108

"Combination" means a combination of a motor vehicle with one or more other vehicles propelled or pushed as a unit.

#### Section 11-109

"Commercial driver's license" and "CDL" means a license issued in accordance with Title 16, Subtitle 8 of this article or by another state pursuant to the federal Commercial Motor Vehicle Safety Act of 1986 to an individual which authorizes the individual to drive a class of commercial motor vehicle.

#### Section 11-110

(a) "Conviction" means:

  (1) A final conviction, even if the penalty is refunded, suspended, or probated;

  (2) An unvacated forfeiture of collateral deposited to secure a defendant's appearance in court;

  (3) A plea of nolo contendere accepted by the court; or

  (4) The payment of a fine.

(b) "Conviction" does not include a finding of probation on a stay of entering judgment.

#### Section 11-111

"Dealer" means a person who is in the business of buying, selling, or exchanging vehicles including a person who during any 12-month period offers to sell five or more vehicles, the ownership of which was acquired for resale purposes.

#### Section 11-111.1

"Disqualification" means a prohibition against driving a commercial motor vehicle and includes mandatory withdrawal of commercial driving privileges.

#### Section 11-112

"Distributor" means any person who:

(1) Sells or distributes to dealers in this State new vehicles of a type required to be registered under Title 13 of this article; or

(2) Maintains distributor representatives in this State for these purposes.

#### Section 11-113

"Divided highway" means a highway that is divided into two or more roadways by:

(1) An intervening space;

(2) A barrier; or

(3) A clearly indicated dividing section constructed to impede vehicular traffic.

#### Section 11-113.1

"Domicile" means the place of a person's true, fixed, permanent home, without any present intention of completely abandoning that home, and to which he has the intention of returning whenever absent. Domicile does not include a temporary dwelling unless there is a present intention to abandon permanently or indefinitely the former domicile.

#### Section 11-114

"Drive" means to drive, operate, move, or be in actual physical control of a vehicle, including the exercise of control over or the steering of a vehicle being towed by a motor vehicle.

#### Section 11-115

"Driver" means any individual who drives a vehicle.

#### Section 11-116

(a) "Driver's license" means any license or permit to drive a motor vehicle that is issued under Title 16 of this article.

(b) "Driver's license" does not include an electronic credential issued under Title 16, Subtitle 10 of this article.

#### Section 11-117

(a) "Educational purposes" includes those activities of schools certified by the Department of Education, activities of centers for individuals with an intellectual disability and physically handicapped individuals, church schools, Sunday schools and church related functions, child care centers, day camps, or summer camps, or any other activity that provides some educational experience for its participants.

(b) This definition shall be liberally construed.

#### Section 11-117.1

(a) "Electric bicycle" means a vehicle that:

  (1) Is designed to be operated by human power with the assistance of an electric motor;

  (2) Is equipped with fully operable pedals;

  (3) Has two or three wheels;

  (4) Has a motor with a rating of 750 watts or less; and

  (5) Meets one of the requirements of subsection (b) of this section.

(b)

  (1) A Class 1 electric bicycle is equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.

  (2) A Class 2 electric bicycle is equipped with a motor that provides assistance whether or not the rider is pedaling the bicycle and ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.

  (3) A Class 3 electric bicycle is equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour.

#### Section 11-117.2

(a) "Electric low speed scooter" means a vehicle that:

  (1) Is designed to transport only the operator;

  (2) Weighs less than 100 pounds;

  (3) Has single wheels in tandem or a combination of one or two wheels at the front and rear of the vehicle;

  (4) Is equipped with handlebars and a platform designed to be stood on while riding;

  (5) Is solely powered by an electric motor and human power; and

  (6) Is capable of operating at a speed of up to 20 miles per hour.

(b) "Electric low speed scooter" does not include:

  (1) An electric personal assistive mobility device; or

  (2) An electric wheelchair or other mobility aid used by a disabled individual.

#### Section 11-118

"Emergency vehicle" means any of the following vehicles that are designated by the Administration as entitled to the exemptions and privileges set forth in the Maryland Vehicle Law for emergency vehicles:

(1) Vehicles of federal, State, or local law enforcement agencies;

(2) Vehicles of volunteer fire companies, rescue squads, fire departments, the Maryland Institute for Emergency Medical Services Systems, and the Maryland Fire and Rescue Institute;

(3) State vehicles used in response to oil or hazardous materials spills;

(4) State vehicles designated for emergency use by the Commissioner of Correction;

(5) Ambulances;

(6) Organ delivery vehicles; and

(7) Special vehicles funded or provided by federal, State, or local government and used for emergency or rescue purposes in this State.

#### Section 11-119

"Explosive" means any chemical compound or mechanical mixture that is commonly used or intended to produce an explosion and that contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases and resultant gaseous pressures capable of injuring people or property.

#### Section 11-120

(a) "Farm equipment" means a vehicle that:

  (1) Is designed and adapted only for agricultural, horticultural, or livestock raising operations;

  (2) Is designed and adapted only for lifting or carrying a vehicle described in paragraph (1) of this subsection; or

  (3) Is designed and adapted for splitting firewood.

(b) Farm equipment also includes silvicultural equipment weighing 62,000 pounds or less gross weight.

#### Section 11-121

"Farm tractor" means a motor vehicle that is designed and used primarily as a farm implement for drawing farm equipment.

#### Section 11-121.1

"Fifth wheel travel trailer" means a travel trailer that is designed to be linked to a motor vehicle for towing purposes by means of a device commonly referred to as a fifth wheel.

#### Section 11-122

(a) "Fixed termini" includes any city, town, village, state line, county line, city line, or any other geographical point marking the beginning or the end of a carriage of property or passengers in this State, if the termini are at least five miles apart.

(b) This definition shall be liberally construed.

#### Section 11-123

"Flammable liquid" means any liquid that has a flash point of 100 degrees or less Fahrenheit, as determined by a Tagliabue or equivalent closed cup test device.

#### Section 11-124

"Foreign vehicle" means any vehicle that:

(1) Is of a type required to be registered under Title 13 of this article;

(2) Is brought into this State from any other state or country, otherwise than in the ordinary course of business by or through a manufacturer, distributor, or dealer; and

(3) Is not registered in this State.

#### Section 11-125

"Franchise" means a written arrangement, whether or not for a definite period, in which a manufacturer, distributor, or factory branch grants to a dealer or distributor a license or right to use a trade name, trademark, service mark, or related characteristic in the sale, leasing, or servicing of new vehicles.

#### Section 11-125.1

"Fuel cell electric vehicle" means a motor vehicle that:

(1) Is made by a manufacturer;

(2) Is manufactured primarily for use on public streets, roads, and highways;

(3) Is rated at not more than 8,500 pounds unloaded gross weight;

(4) Has a maximum speed capability of at least 55 miles per hour;

(5) Is powered entirely by electricity, produced by combining hydrogen and oxygen, that runs the motor;

(6) Has an operating range of at least 100 miles; and

(7) Produces only water vapor and heat as by-products.

#### Section 11-126

"Gross weight" means the weight of a vehicle and its load.

#### Section 11-127

"Highway" means:

(1) The entire width between the boundary lines of any way or thoroughfare of which any part is used by the public for vehicular travel, whether or not the way or thoroughfare has been dedicated to the public and accepted by any proper authority; and

(2) For purposes of the application of State laws, the entire width between the boundary lines of any way or thoroughfare used for purposes of vehicular travel on any property owned, leased, or controlled by the United States government and located in the State.

#### Section 11-127.1

"Lawful status" means, with respect to the status of an applicant for an identification card, a moped operator's permit, or a license to drive issued by the Administration, that the applicant has lawful status in accordance with regulations adopted by the Secretary of the United States Department of Homeland Security.

#### Section 11-127.2

(a) "Lease intended as security" means a lease of a vehicle by an individual primarily for personal, family, or household purposes for more than 180 consecutive days, including renewal periods, in which:

  (1) The lessee is provided the option to purchase the leased vehicle; and

  (2) Under the terms of the purchase option, the lessee becomes or has the option to become the owner of the vehicle for:

    (i) No additional consideration; or

    (ii)

      (1) In the case of a new vehicle, a nominal consideration of:

      (A) 20 percent or less of the cost to the lessor of the leased property including, if applicable, any increase or markup by the lessor prior to consummation; or

      (B) If the value at consummation is not stated in the lease, 20 percent or less of the Monrone sticker price for the vehicle; or

      (2) In the case of a used vehicle, a nominal consideration of 20 percent or less of the wholesale value of the vehicle as shown in the official used car guide of the National Automobile Dealer's Association (N.A.D.A.), taking into account accessories and mileage plus any costs incurred by the lessor in repairing and servicing the vehicle in anticipation of a lease.

(b) "Lease not intended as security" means a lease of a vehicle by an individual primarily for personal, family, or household purposes for more than 180 consecutive days, including renewal periods, in which:

  (1) The lessee may return the motor vehicle at the end of the lease term with no financial obligations other than payments required under, and disclosed in, the lease for excess wear and tear and excess mileage charges and for administration, disposition, and similar costs incurred at the end of the lease; and

  (2) The lessee is provided the option to purchase the leased vehicle for:

    (i) In the case of a new vehicle, a consideration in excess of:

      (1) 20 percent of the cost to the lessor of the leased property including, if applicable, any increase or markup by the lessor prior to consummation; or

      (2) If the value at consummation is not stated in the lease, 20 percent of the Monrone sticker price for the vehicle; or

    (ii) In the case of a used vehicle, a consideration in excess of 20 percent of the wholesale value of the vehicle as shown in the official used car guide of the National Automobile Dealer's Association (N.A.D.A.), taking into account accessories and mileage plus any costs incurred by the lessor in repairing and servicing the vehicle in anticipation of a lease.

#### Section 11-128

(a) "License", as used in reference to the operation of a motor vehicle, means any:

  (1) Driver's license; and

  (2) Any other license or permit to drive a motor vehicle that is issued under or granted by the laws of this State, including:

    (i) Any temporary license;

    (ii) A learner's instructional permit;

    (iii) A provisional license;

    (iv) The privilege of any individual to drive a motor vehicle, whether or not that individual is formally licensed by this or any other jurisdiction;

    (v) Any nonresident's privilege to drive, as defined in this subtitle; and

    (vi) A commercial driver's license.

(b) "License" does not include an electronic credential issued under Title 16, Subtitle 10 of this article.

#### Section 11-129

"Licensed dealer", "licensed distributor", "licensed factory branch", and "licensed manufacturer" mean, respectively, a dealer, distributor, factory branch, or manufacturer licensed in this State under Title 15 of this article.

#### Section 11-129.1

"Limousine" means a vehicle that:

(1) Has been modified or stretched for transportation of passengers;

(2) Is driven as part of a service provided by a person that advertises itself as a provider of limousine services or registers with the Public Service Commission as a provider of limousine services; or

(3) Is equipped with amenities not normally provided in passenger cars, including a custom interior, television, video cassette recorder, musical sound system, telephone, ice storage area, additional interior lighting, and driver-passenger communication such as an intercom or power-operated driver partition.

#### Section 11-130

"Local authority" means a political subdivision or a local board or other body that, under the laws of this State, has authority to enact laws and adopt local police regulations relating to traffic.

#### Section 11-130.1

"Low speed vehicle" means a four-wheeled motor vehicle that has a maximum speed capability that exceeds 20 miles per hour but is less than 25 miles per hour.

#### Section 11-131

"Mail" means to deposit in the United States mail, properly addressed and with postage prepaid.

#### Section 11-132

(a) "Manufacturer" means a person in the business of constructing or assembling vehicles of a type required to be registered under Title 13 of this article.

(b) "Manufacturer" includes the first-stage manufacturer and the second-stage manufacturer of a two-stage vehicle, as these terms are defined in Sec. 13-113.2 of this article.

#### Section 11-133

"Metal tire" means a tire the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material.

#### Section 11-134

"Mobile home" means:

(1) A trailer or semitrailer that is designed, constructed, and equipped as a permanent or temporary living or sleeping place and for use as a conveyance on highways, but that does not qualify as a camping trailer or a travel trailer as these terms are defined in this subtitle; or

(2) A trailer or a semitrailer that has a chassis and exterior shell designed and constructed as described in item (1) of this section, but that is used instead, either permanently or temporarily, for the advertising, sale, display, or promotion of merchandise or services, as an office, or for any other similar purpose, except the transportation of property for hire or the transportation of property for distribution by a private carrier.

#### Section 11-134.1

(a) "Moped" means a bicycle that:

  (1) Is designed to be operated by human power with the assistance of a motor;

  (2) Is equipped with pedals that mechanically drive the rear wheel or wheels;

  (3) Has two or three wheels, of which one is more than 14 inches in diameter; and

  (4) Has a motor with a rating of 1.5 brake horsepower or less and, if the motor is an internal combustion engine, a capacity of 50 cubic centimeters piston displacement or less.

(b) "Moped" does not include an electric bicycle.

#### Section 11-134.2

(a) "Motor carrier" means a common carrier by motor vehicle, a contract carrier by motor vehicle, or a private carrier of persons or property by motor vehicle.

(b) "Motor carrier" includes a motor carrier's owners, agents, officers, representatives, and employees.

#### Section 11-134.3

"Motor home" means a motor vehicle that is designed and constructed primarily to provide living quarters for recreational, camping, or travel use.

#### Section 11-134.4

(a) "Motorized minibike" means a motor vehicle that:

  (1) Has two or three wheels; and

  (2) Is not subject to registration under Title 13 of this article.

(b) "Motorized minibike" does not include:

  (1) A motor scooter;

  (2) A moped;

  (3) A farm tractor;

  (4) An electric bicycle; or

  (5) An electric low speed scooter.

#### Section 11-134.5

(a) "Motor scooter" means a nonpedal vehicle that:

  (1) Has a seat for the operator;

  (2) Has two wheels, of which one is 10 inches or more in diameter;

  (3) Has a step-through chassis;

  (4) Has a motor:

    (i) With a rating of 2.7 brake horsepower or less; or

    (ii) If the motor is an internal combustion engine, with a capacity of 50 cubic centimeters piston displacement or less; and

  (5) Is equipped with an automatic transmission.

(b) "Motor scooter" does not include:

  (1) An electric low speed scooter; or

  (2) A vehicle that has been manufactured for off-road use, including a motorcycle and an all-terrain vehicle.

#### Section 11-135

(a)

  (1) "Motor vehicle" means, except as provided in subsection (b) of this section, a vehicle that:

    (i) Is self-propelled or propelled by electric power obtained from overhead electrical wires; and

    (ii) Is not operated on rails.

  (2) "Motor vehicle" includes a low speed vehicle.

(b) "Motor vehicle" does not include:

  (1) A moped, as defined in Sec. 11-134.1 of this subtitle;

  (2) A motor scooter, as defined in Sec. 11-134.5 of this subtitle;

  (3) An electric bicycle, as defined in Sec. 11-117.1 of this subtitle;

  (4) An electric low speed scooter, as defined in Sec. 11-117.2 of this subtitle; or

  (5) A personal delivery device, as defined in Sec. 21-104.5 of this article.

#### Section 11-136

(a) "Motorcycle" means a motor vehicle that:

  (1)

    (i) Has motive power;

    (ii) Has a seat or saddle for the use of the rider;

    (iii) Is designed to travel:

      (1) On not more than three wheels in contact with the ground; and

      (2) At speeds exceeding 35 miles per hour; and

    (iv) Is of a type required to comply with all motor vehicle safety standards applicable to motorcycles under federal law; or

  (2) Is an autocycle.

(b) A detachable sidecar is an accessory to and not a part of a motorcycle.

#### Section 11-136.1

"Moving violation" means:

(1) A moving violation as defined in regulations adopted by the Administration for the purpose of assessing points under Sec. 16-402 of this article; or

(2) A violation of a substantially similar nature reported from another jurisdiction, other than a violation of the jurisdiction's size, weight, load, equipment, or inspection provisions.

#### Section 11-136.2

"Multipurpose passenger vehicle" means a motor vehicle that:

(1) Is designed primarily for carrying persons and which is constructed on a truck chassis or with special features for occasional off-road operations;

(2) Has 3 wheels; or

(3) Is of a unique design that does not clearly meet the requirements of any other class, as determined by the Administrator.

#### Section 11-137

"Name" means:

(1) True or legal name;

(2) In the case of an individual, the name given at birth to the individual by his parents, or as changed under the common law of this State or any other state, by marriage, or by court order; and

(3) In the case of an individual party to an absolute divorce, the individual may elect to use any legal or true name previously used by the individual if this name is used consistently and nonfraudulently.

#### Section 11-138

"New vehicle" means a vehicle:

(1) The owner of which is a manufacturer, distributor, or licensed dealer; and

(2) That never has been used to destroy its newness or to convert it into or make it a used or secondhand vehicle, as these terms are commonly used or understood in trade or business.

#### Section 11-139

"Nonresident" means any person who is not a resident, as that term is defined in this subtitle.

#### Section 11-140

"Nonresident's privilege to drive" means the privilege granted to a nonresident by the laws of this State to drive a motor vehicle in this State or to use in this State a vehicle owned by the nonresident.

#### Section 11-140.1

(a) "Off-highway recreational vehicle" means a vehicle that is:

  (1) A motor-assisted or motor-driven vehicle that:

    (i) Is designed to carry only the operator of the vehicle on a seat or saddle designed to be straddled by the operator or is designed to carry only the operator of the vehicle and one passenger; and

    (ii) Is commonly known as an all-terrain vehicle;

  (2) A motor-assisted or motor-driven vehicle that:

    (i) Travels on four or more tires;

    (ii) Is intended for use by one or more persons;

    (iii) Has the following features:

      (1) A steering wheel for steering control;

      (2) A roll-over protective structure;

      (3) An occupant retention system;

      (4) Nonstraddle seating;

      (5) A maximum speed capability exceeding 30 miles per hour;

      (6) An overall width of less than 80 inches, exclusive of accessories; and

      (7) An engine displacement of less than 1,000 cubic centimeters; and

    (iv) Is commonly known as a side-by-side utility vehicle;

  (3) A motorcycle that is designed for off-highway operation and is not eligible for registration as a Class D (motorcycle) vehicle under this article, commonly known as a dirt bike; or

  (4) A snowmobile.

(b) "Off-highway recreational vehicle" does not include:

  (1) A farm vehicle as defined in Sec. 13-911 of this article when used exclusively on farm property by a farmer;

  (2) Any vehicle when used on residential property for the purpose of landscaping, gardening, or lawn care; or

  (3) An electric bicycle.

(c) The Administration may establish by regulation other requirements for or limitations on the definition of "off-highway recreational vehicle".

#### Section 11-141

"Operate", as used in reference to a vehicle, means to drive, as defined in this subtitle.

#### Section 11-142

"Operator", as used in reference to a vehicle, means driver, as defined in this subtitle.

#### Section 11-142.1

"Organ delivery vehicle" means a vehicle that is used or maintained to transport organs on an emergency basis.

#### Section 11-143

"Owner", as used in reference to a vehicle:

(1) Means a person who has the property in or title to the vehicle;

(2) Includes a person who, subject to a security interest in another person, is entitled to the use and possession of the vehicle;

(3) Does not include a lessee under a lease not intended as security; and

(4) Includes a lessee under a lease intended as a security.

#### Section 11-144

"Park" means to halt a vehicle, whether or not it is occupied, other than temporarily:

(1) When necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or a traffic control device; or

(2) For the purpose of and while actually engaged in loading or unloading property or passengers.

#### Section 11-144.1

"Park model recreational vehicle" means a vehicle that:

(1) Is designed and marketed as temporary living quarters for recreational, camping, travel, or seasonal use;

(2) Is not permanently affixed to real property for use as a permanent dwelling;

(3) May require a special permit for highway use;

(4) Is built on a single chassis mounted on wheels;

(5) Has a gross trailer area not exceeding 400 square feet in the setup mode; and

(6) Is certified by the manufacturer as complying with the American National Standards Institute A119.5 standard for recreational park trailers.

#### Section 11-144.2

"Passenger car" means a motor vehicle, except a multipurpose passenger vehicle or motorcycle, designed for carrying 10 persons or less.

#### Section 11-145

"Pedestrian" means an individual afoot.

#### Section 11-145.1

(a) "Plug-in electric drive vehicle" means a motor vehicle that:

  (1) Is made by a manufacturer;

  (2) Is manufactured primarily for use on public streets, roads, and highways;

  (3) Is rated at not more than 8,500 pounds unloaded gross vehicle weight;

  (4) Has a maximum speed capability of at least 55 miles per hour; and

  (5) Is propelled to a significant extent by an electric motor that draws electricity from a battery that:

    (i) Has a capacity of not less than 4 kilowatt-hours for 4-wheeled motor vehicles and not less than 2.5 kilowatt-hours for 2-wheeled or 3-wheeled motor vehicles; and

    (ii) Is capable of being recharged from an external source of electricity.

(b) "Plug-in electric drive vehicle" includes a qualifying vehicle that has been modified from original manufacturer specifications.

#### Section 11-146

"Pole trailer" means a vehicle that:

(1) Has no motive power;

(2) Is designed to be towed by another vehicle and attached to the towing vehicle by a reach or pole or by being boomed or otherwise secured to the towing vehicle; and

(3) Ordinarily is used to transport long or irregularly shaped loads, such as poles, pipes, or structural members generally capable of sustaining themselves as beams between the supporting connections.

#### Section 11-147

"Police officer" means an officer authorized to direct or regulate traffic or to make arrests for violations of any of the provisions of the Maryland Vehicle Law or of local or other traffic laws or regulations.

#### Section 11-148

(a) "Regular schedule" means the carriage of property or passengers by at least:

  (1) One single trip between fixed termini per week, for 4 consecutive weeks; or

  (2) Three single trips between fixed termini within a period of 10 days.

(b) If property or passengers are carried by any vehicle as described in subsection (a) of this section, any one of the described trips is a regular schedule.

(c) This section shall be liberally construed.

#### Section 11-148.1

(a) "Rental vehicle" means a passenger car or a vehicle that may be registered as a Class D, E, F, G, or M vehicle under Title 13, Subtitle 9 of this article:

  (1) That is acquired solely for rental purposes but will not be rented to the same person for a period of more than 180 consecutive days;

  (2)

    (i) That, at the time of purchase, is part of a fleet of passenger cars owned by the same person, at least five of which meet the criteria in item (1) of this subsection;

    (ii) That, at the time of purchase, is part of a fleet of rental trucks owned by the same person, at least five of which meet the criteria in item (1) of this subsection;

    (iii) That, at the time of purchase, is part of a fleet of multipurpose passenger vehicles owned by the same person, at least five of which meet the criteria in item (1) of this subsection; or

    (iv) That, at the time of purchase, is part of a fleet of motorcycles owned by the same person, at least five of which meet the criteria in item (1) of this subsection;

  (3) For which the owner does not provide a driver; and

  (4) That, if the vehicle is a passenger car or multipurpose passenger vehicle, will not be used to transport individuals or property for hire.

(b) "Rental vehicle" does not include:

  (1) A dump truck, as described in Sec. 13-919 of this article;

  (2) A tow truck, as described in Sec. 13-920 of this article; or

  (3) A farm vehicle exempt from the sales and use tax under Sec. 11-201(a) of the Tax - General Article.

#### Section 11-148.2

"Reserve component" has the meaning stated in Sec. 9-901 of the State Government Article.

#### Section 11-149

"Resident" means any person:

(1) Who is domiciled in this State;

(2)

  (i) Who owns, leases, or rents a primary place of residence in this State; and

  (ii) Who regardless of the person's domicile resides in this State for more than a year;

(3)

  (i) Who maintains a main or branch office or warehouse facility in this State; and

  (ii) Who bases and operates motor vehicles intrastate in this State; or

(4) Who has filed as a Maryland resident for income tax purposes.

#### Section 11-150

"Revoke", as used in reference to any license to drive a vehicle, means to terminate, by formal action of the Administration, an individual's license to drive a motor vehicle on highways in this State.

#### Section 11-150.1

(a) "Ridesharing" means any nonprofit commuting service used in transporting commuters exclusively between their place of residence and their place of employment, or termini near such places. The term ridesharing includes both carpool and vanpool, defined as follows:

  (1) A carpool uses a motor vehicle that is a Class A passenger car or station wagon having a seating capacity of not more than 9 persons, including the driver; and

  (2) A vanpool uses a motor vehicle that is a Class J van having a seating capacity of not less than 7 nor more than 15 passengers, including the driver.

(b) "Ridesharing" does not include a commuter service provided by a for-hire transportation company.

#### Section 11-151

(a) "Roadway" means that part of a highway that is improved, designed, or ordinarily used for vehicular travel, other than the shoulder.

(b) If a highway includes two or more separate roadways, the term "roadway" as used in the Maryland Vehicle Law refers to any one roadway separately, and not to all of the roadways collectively.

#### Section 11-151.1

"Rollback" means a vehicle that is designed with a ramp on wheels and a hydraulic lift with a capacity to haul or tow an additional vehicle.

#### Section 11-152

(a) "Salvage" means any vehicle that:

  (1) Has been damaged by collision, fire, flood, accident, trespass, or other occurrence to the extent that the cost to repair the vehicle for legal operation on a highway exceeds 75% of the fair market value of the vehicle prior to sustaining the damage, as determined under Sec. 13-506(c)(4) of this article;

  (2) Has been acquired by an insurance company as a result of a claim settlement; or

  (3) Has been acquired by an automotive dismantler and recycler:

    (i) As an abandoned vehicle, as defined under Sec. 25-201 of this article; or

    (ii) For rebuilding or for use as parts only.

(b) For purposes of this section, a vehicle has not been acquired by an insurance company if an owner retains possession of the vehicle upon settlement of a claim concerning the vehicle by the insurance company.

#### Section 11-153

"School bus" means a Type I school vehicle, as defined in this subtitle.

#### Section 11-154

(a) "School vehicle" means, except as provided in subsection (b) of this section, any motor vehicle that:

  (1) Is used regularly for the exclusive transportation of children, students, or teachers for educational purposes or in connection with a school activity; and

  (2) Is:

    (i) A Type I school vehicle, as defined in this subtitle;

    (ii) A Type II school vehicle, as defined in this subtitle; or

    (iii) A vehicle that:

      (1) Was originally titled in another state and used to transport children, students, or teachers for educational purposes or in connection with a school activity in that state;

      (2) Complies with regulations on transporting children enrolled in the federally funded Head Start Program adopted by the United States Department of Health and Human Services; and

      (3) Is used only for transporting children to and from a Head Start program.

(b) "School vehicle" does not include:

  (1) A privately owned vehicle while it is carrying members of its owner's household and not operated for compensation; or

  (2) A vehicle that is registered as a Class M (multipurpose) vehicle under Sec. 13-937 of this article or a Class A (passenger) vehicle under Sec. 13-912 of this article and used to transport children between one or more schools or licensed child care centers or to and from designated areas that are approved by the Administration if:

    (i) The vehicle is designed for carrying 15 persons or less, including the driver;

    (ii) The children are permitted to embark or exit the vehicle only at a school or child care center or a designated area approved by the Administration;

    (iii) The owner has obtained vehicle liability insurance or other security as required by Title 17 of this article; and

    (iv) The vehicle is equipped with proper seat belts or safety seats so as to permit each child to be secured in a seat belt or a safety seat as required by Sec.Sec. 22-412.2 and 22-412.3 of this article.

#### Section 11-154.1

"Scooter" means a two-wheeled nonmotorized vehicle that:

(1) Has handlebars; and

(2) Is designed to be stood on by the operator.

#### Section 11-155

"Secured party" means a person who has in his favor a security interest in a vehicle.

#### Section 11-156

"Security agreement" means a written agreement that reserves or creates a security interest.

#### Section 11-157

"Security interest":

(1) Means an interest in a vehicle that is reserved or created by agreement and that secures payment or performance of an obligation; and

(2) Includes the interest of a lessor under a lease intended as security.

#### Section 11-158

(a) "Semitrailer" means, except as provided in subsection (b) of this section, a vehicle that:

  (1) Has no motive power;

  (2) Is designed to carry people or property and to be towed by a motor vehicle; and

  (3) Is constructed so that some of its weight and load rests on or is carried by another vehicle.

(b) "Semitrailer" does not include a pole trailer.

#### Section 11-158.1

"Service member" has the meaning stated in Sec. 9-901 of the State Government Article.

#### Section 11-159

(a) "Special mobile equipment" means, except as provided in subsection (c) of this section, a vehicle that:

  (1) Is not used primarily for highway transportation of people or property; and

  (2) Is operated or moved on a highway only as an incident to its nonhighway use.

(b) "Special mobile equipment" includes a road construction or maintenance machine, mobile crane, ditchdigger, well driller, concrete mixer, jobsite office vehicle, or portable power generator.

(c) "Special mobile equipment" does not include a farm tractor or any farm equipment.

#### Section 11-160

"Stand" means to halt a vehicle, whether or not it is occupied, other than temporarily:

(1) When necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or a traffic control device; or

(2) For the purpose of and while actually engaged in receiving or discharging passengers.

#### Section 11-161

"State" means a state of the United States, the District of Columbia, and a province or territory of Canada.

#### Section 11-162

"Stop" means:

(1) Where used in a mandatory sense, the complete cessation from movement; and

(2) Where used in a prohibitory sense, to halt even momentarily a vehicle, whether or not it is occupied, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or a traffic control device.

#### Section 11-163

"Street" means a highway, as defined in this subtitle.

#### Section 11-164

"Suspend", as used in reference to any license to drive a vehicle, means to withdraw temporarily, by formal action of the Administration, an individual's license to drive a motor vehicle on highways in this State, but only for a period specifically designated by the Administration.

#### Section 11-165

(a) "Taxicab" means, except as provided in subsection (b) of this section, a motor vehicle for hire that:

  (1) Is designed to carry seven or fewer individuals, including the driver; and

  (2) Is used to accept or solicit passengers for transportation for hire between those points along highways in this State as the passengers request.

(b) "Taxicab" does not include a motor vehicle operated on regular schedules and between fixed termini with the approval of the Public Service Commission.

#### Section 11-165.1

"Temporary lawful status" means, with respect to the status of an applicant for an identification card, a moped operator's permit, or a license to drive issued by the Administration, that the applicant has temporary lawful status in accordance with regulations adopted by the Secretary of the United States Department of Homeland Security.

#### Section 11-166

"Traffic" means pedestrians, vehicles and other conveyances, and ridden or herded animals, either singly or together, while using any highway for travel.

#### Section 11-167

"Traffic control device" means any sign, signal, marking, or device that:

(1) Is not inconsistent with the Maryland Vehicle Law; and

(2) Is placed by authority of an authorized public body or official to regulate, warn, or guide traffic.

#### Section 11-168

"Traffic control signal" means any traffic control device, whether manually, electrically, or mechanically operated, by which traffic alternately is directed to stop and permitted to proceed.

#### Section 11-169

(a) "Trailer" means, except as provided in subsection (b) of this section, a vehicle that:

  (1) Has no motive power;

  (2) Is designed to carry people or property and to be towed by a motor vehicle; and

  (3) Is constructed so that no part of its weight rests on the towing vehicle.

(b) "Trailer" does not include a pole trailer.

#### Section 11-170

(a) "Travel trailer" means a vehicle that is:

  (1)

    (i) Mounted on wheels;

    (ii) Of such a size and weight as not to require any special highway movement permit when towed by a motor vehicle;

    (iii) Designed and constructed primarily to provide temporary living quarters for recreational, camping, or travel use; and

    (iv) No longer than 40 feet; or

  (2) A park model recreational vehicle.

(b) "Travel trailer" includes a fifth wheel travel trailer.

#### Section 11-171

"Truck" means a motor vehicle, except a multipurpose passenger vehicle, that is designed, used, or maintained primarily to carry property.

#### Section 11-172

"Truck tractor" means the noncargo carrying power unit that operates in combination with a semitrailer or trailer, except that a truck tractor and semitrailer engaged in the transportation of automobiles or boats may transport motor vehicles or boats on part of the power unit.

#### Section 11-173

(a) "Type I school vehicle" means a school vehicle that:

  (1) Is designed and constructed to carry passengers;

  (2) Is either of the body-on-chassis type construction or integral type construction; and

  (3) Has a gross vehicle weight of more than 15,000 pounds and provides a minimum of 13 inches of seating space per passenger.

(b) "Type I school vehicle" does not include any bus operated by a common carrier under the jurisdiction of a State, regional, or federal regulatory agency or operated by the agency itself.

#### Section 11-174

"Type II school vehicle" means a school vehicle that:

(1) Is designed and constructed to carry passengers;

(2) Is either of the body-on-chassis type construction or integral type construction; and

(3) Has a gross vehicle weight of 15,000 pounds or less and provides a minimum of 13 inches of seating space per passenger.

#### Section 11-174.1

(a) "Under the influence of alcohol per se" means having an alcohol concentration at the time of testing of 0.08 or more as measured by grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

(b) If the alcohol concentration is measured by milligrams of alcohol per deciliter of blood or milligrams of alcohol per 100 milliliters of blood, a court or an administrative law judge, as the case may be, shall convert the measurement into grams of alcohol per 100 milliliters of blood by dividing the measurement by 1000.

#### Section 11-174.2

"Uniformed services" has the meaning stated in Sec. 9-901 of the State Government Article.

#### Section 11-175

"Used vehicle" means any vehicle that is not a new vehicle, as defined in this subtitle.

#### Section 11-175.1

(a) "Vanpool operation" means any nonprofit commuter service provided by or organized by an employee or an employee organization, or by a company or a group of companies for its employees, or by an individual or group of individuals; and which:

  (1) Transports commuters exclusively between their place of residence and their place of employment, or termini near such places; and

  (2) Uses motor vehicles that are Class J vans having a seating capacity for no less than seven nor more than 15 passengers, including the driver.

(b) "Vanpool operation" does not include a service provided by one company for another company's employees under a contract or agreement.

#### Section 11-176

(a)

  (1) "Vehicle" means, except as provided in subsection (b) of this section, any device in, on, or by which any individual or property is or might be transported or towed on a highway.

  (2) "Vehicle" includes a low speed vehicle and an off-highway recreational vehicle.

(b) "Vehicle" does not include:

  (1) An electric personal assistive mobility device, as defined in Sec. 21-101(j) of this article; or

  (2) A personal delivery device, as defined in Sec. 21-104.5 of this article.

#### Section 11-177

"Vehicle identification number" means the numerals, letters, or combination of numerals and letters on a vehicle that the Administration designates for the purpose of identifying the vehicle.

#### Section 11-178

"Veteran" has the meaning stated in Sec. 9-901 of the State Government Article.

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Md. Code Ann., Transp. (as displayed at mgaleg.maryland.gov, October 16, 2026)