In this title the following words have the meanings indicated. “Administration funds” means any payment or other money which is: Paid to a person licensed under Subtitle 2, 3, 4, or 6 of this title; and Owed to the Administration for payment of taxes or fees. “Dealer” means, except as provided in paragraph (3) of this subsection, a dealer in vehicles of a type required to be registered under Title 13 of this article. “Dealer” includes: 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 three or more of these vehicles, the ownership of which was acquired for resale purposes; and For the purposes of §§ 15–301 through 15–315, inclusive, of this title, any person who sells vehicles, whether or not that person acquired the vehicles for personal or business use, if the vehicles are displayed at a fixed location used principally for the purpose of selling vehicles on a regular basis. For the purposes of subparagraph (i)1 of this paragraph, a person who offers to sell three or more vehicles during any 12–month period is presumed to have acquired the vehicles for resale purposes. The vehicle owner has the burden of rebutting the presumption established under subsubparagraph 1 of this subparagraph by a preponderance of the evidence. “Dealer” does not include: A public official who sells or disposes of vehicles in the performance of his official duties; An insurance company, finance company, bank, or other lending institution licensed or otherwise authorized to do business in this State that, to save it from loss, sells or disposes of vehicles under a contractual right and in the regular course of its business; A licensed auctioneer acting on behalf of a seller, secured party or owner and where title does not pass to the auctioneer and the auction is not for the purpose of avoiding the provisions of this title; A receiver, trustee, personal representative, or other person appointed by or acting under the authority of any court; Either a manufacturer or distributor who sells or distributes vehicles to licensed dealers or a person employed by a manufacturer or distributor to promote the sale of the vehicles of the manufacturer or distributor, if that manufacturer, distributor, or person does not sell vehicles to retail buyers; A person who sells or disposes of vehicles acquired and used for personal or business use and not for the purpose of avoiding the provisions of this title, if that person is not engaged in buying, selling, or exchanging vehicles as a business; An automotive dismantler and recycler who during the normal course of business acquires a salvage vehicle and transfers the vehicle on a salvage certificate. However, if the automotive dismantler and recycler rebuilds and sells more than 5 vehicles during a 12–month period to a person other than another automotive dismantler and recycler or licensed dealer, the automotive dismantler and recycler must be licensed as a dealer under § 15–302 of this title; A person engaged in the leasing of motor vehicles under leases not intended as security; A religious, charitable, or volunteer organization exempt from taxation under § 501(c) of the Internal Revenue Code, the Department of Human Services, or a local department of social services transferring a vehicle under § 13–810 of this article; or An autonomous vehicle converter as defined in § 15–901 of this title. “New Class A vehicle” and “new Class B vehicle” means a new vehicle that, if later sold and registered in this State, could be registered either as a Class A (passenger) vehicle or a Class B (for hire) vehicle, as the case may be. “Truck component part” means a truck’s engine, power train, or rear axle that is not warranted by the final manufacturer of the truck. “Two–stage vehicle” means a two–stage vehicle, as defined in § 13–113.2 of this article, that is of a type required to be registered under Title 13 of this article. “Vehicle salesman” means, except as provided in paragraph (2) of this subsection, any individual who: For a commission or other compensation, under any form of agreement or arrangement with a dealer, buys, sells, or exchanges or negotiates or attempts to negotiate a sale or exchange of an interest in a vehicle of a type required to be registered under Title 13 of this article; Induces or attempts to induce any other person to buy or exchange an interest in a vehicle of a type required to be registered under Title 13 of this article and receives or expects to receive a commission or other compensation from either the seller or the buyer of the vehicle; or For a commission or other compensation, negotiates with or induces any other person to enter into a financial security or warranty agreement on behalf of a dealer in connection with the sale of a vehicle. “Vehicle salesman” does not include: A person described in subsection (c)(3) of this section; An individual acting as a representative of a person described in subsection (c)(3) of this section; A person who: Is compensated for arranging for the leasing of a vehicle for a period exceeding 180 days; and As an incidental step in the consummation of the lease, induces or arranges for the sale of a vehicle from a licensed dealer to another person, who in turn leases the vehicle to a lessee under a lease not intended as a security; or A person engaged in the leasing of vehicles under leases not intended as security.

Each application for a license under this title shall be made on the form that the Administration requires. In addition to any other information required by this title, each application for a license under this title shall include: The name and address of the applicant; The address of the fixed location from which the licensed activity of the applicant will be conducted; A statement of the maximum amount charged as a dealer processing charge under § 15-311.1 of this title; and Any other information that the Administration requires. Each application for a license under this title shall: Contain a certification by the applicant that the information given in it is true; and Be signed by: The applicant, if the applicant is an individual; A partner or other authorized representative, if the application is made for a partnership; or An officer or other authorized representative, if the application is made for a corporation or any other business entity. Except for an application for a drivers’ school license, each application for a license under this title shall be accompanied by the annual fee required for that license.

Except as provided in paragraph (2) of this subsection, a surety bond required of a licensee under this title shall be for the benefit of the Administration and any other person who suffers any loss because of a violation by the licensee, his agents, or employees of those provisions of the Maryland Vehicle Law that the Administration specifies. A manufacturer’s or distributor’s bond required under Subtitle 2 of this title shall be for the benefit of the Administration, any dealer, any buyer of a new or used Class A vehicle, and any member of the public who suffers any loss because of the breach of any express or implied warranty given by the manufacturer or distributor to a buyer of the vehicle from a dealer. Any person who suffers a loss described in subsection (a) of this section has a right of action in his own name against the surety on the bond. If, before a surety bond required under this title expires or is terminated, the licensee does not file satisfactory evidence that the bond has been extended or replaced by a bond that the Administration approves, his license automatically is suspended. The Administration immediately shall notify the licensee of the suspension.

The Administration shall issue a license under this title to an applicant if: The applicant has complied with the provisions of this title that apply to that license; and The applicant otherwise is entitled to a license.

A person who is licensed under this title may conduct the licensed activity only from a fixed location, as specified in the application for the license, unless conducting wholesale transactions at auctions or at other licensed dealership locations. The books of account and records of, except as otherwise specified by law, the licensee shall be kept at that location. A person, who holds multiple licenses at more than one location and has established a computerized data processing record keeping system at one of his locations, may keep certain records, as designated by the Administrator, of all his licensed activities at the centralized location, provided prior approval of the Administrator has been granted. A licensee may not remove or relocate the location specified for the licensed activity, unless the licensee has applied for and obtained a supplemental license from the Administration. A licensee may not open any additional location other than a location specified for the licensed activity, unless the licensee has applied for and obtained a supplemental license from the Administration. Each licensee under this title shall maintain and keep records required by this article. The records shall be kept for 3 years after the transaction to which it applies. During business hours, the records of the licensee shall be open to inspection by the Administration or any police officer while discharging his official duties.

If, during any license year, there is any change in the information that a licensee gave the Administration in obtaining a license under this title, the licensee shall report the change to the Administration within 30 days after the change occurs. If, during any license year, there is any change in the information that a licensee gave the Administration in retaining a license under this title, the licensee shall report the change to the Administration within 30 days after the change occurs. The report under this section shall be made on the form that the Administration requires. The licensee shall sign the form and certify that the information given in it is true.

If a license issued under this title is lost, stolen, mutilated, destroyed, or becomes illegible, the Administration may issue a duplicate license on application and payment of a fee established by the Administration. Before the Administration issues a duplicate, it may require the licensee to furnish satisfactory proof of the loss, theft, mutilation, destruction, or illegibility. When the Administration issues the duplicate, the license previously issued is void.

Each license issued under this title expires on a staggered basis as determined by the Administration. A license issued under this title may be renewed on application and payment of the fee required by this title for that license.

Subject to subsection (b) of this section, in addition to any other grounds specified in this title for refusal, suspension, or revocation of a license, the Administration may refuse to grant a license under this title to any person and may suspend, revoke, or refuse to renew the license of any person if it finds that: The person has violated or is attempting to violate any provision of this title or any rule or regulation adopted under this title; The person has violated or is attempting to violate any of the other provisions of the Maryland Vehicle Law that relate to the business or activity of that person; or Any officer, manager, agent, or employee of the person has violated or is attempting to violate any provision of this title, any rule or regulation adopted under this title, or any of the other provisions of the Maryland Vehicle Law that relate to the business or activity of the person, unless the Administration is satisfied that the individuals engaged in the management of the business or activity: Had no knowledge of the wrongful conduct; or Were unable to prevent the violation or attempted violation. The Administration shall suspend the license of a person if it finds that the person violated § 15–606(f) of this title.

If the Administration refuses an application for a license or for the renewal of a license under this title, the applicant may request a hearing under Title 12, Subtitle 2 of this article. Except as provided in subsection (c) of this section, the Administration may suspend or revoke a license issued under this title only after a hearing under Title 12, Subtitle 2 of this article. If the Administration determines that a person licensed under this title is violating the used vehicle safety inspection requirements under § 23–106 of this article and that there is a danger of immediate, substantial, and continuing harm to the public if the license is continued pending a hearing, the Administration: May immediately suspend the license; Shall, within 7 days of a request for a hearing on the license suspension, grant the hearing in accordance with Title 12, Subtitle 2 of this article; and After the hearing, render an immediate decision to: Continue the license suspension; Revoke the license; or Reinstate the license. To the extent of a conflict between this subsection and Title 12, Subtitle 2 of this article, this subsection shall take precedence.

If the Administration determines that there are reasonable grounds to suspend, revoke, or refuse to renew a license under this title, the Administration and the licensee may agree to conciliate the matter by conference. The Administration shall adopt regulations establishing criteria for the assessment of fines under this title.

If the Administration suspends the license of any person licensed under this title, the licensee immediately shall return the license to the Administration. If the Administration revokes the license of any person licensed under this title, the licensee immediately shall return the license to the Administration.

Any dealer or agent or employee of a dealer, any vehicle salesman, or any other person who sells a motorized minibike shall inform the buyer in writing that a motorized minibike may not be driven on a highway in the State. Any dealer or agent or employee of a dealer, any vehicle salesman, or any other person who sells a motorized minibike shall inform the buyer in writing that local law, ordinance, and regulation may limit the use of the motorized minibike.

Each person who conducts auctions as a business in this State of motor vehicles of a type required to be registered under this article shall keep a record of: The name and address of the consignor; The date on which it was consigned; The year, make, model, and serial number of each vehicle consigned; The title number and state where the vehicle was last registered; The odometer mileage reading at the time of consignment; The name and address of the person to whom the vehicle was sold; The selling price; and The date of sale. During business hours, the records shall be open to inspection by the Administration, by the Department of State Police, or by a law enforcement officer with a county or municipal police department or sheriff’s office who is assigned to an antitheft unit. The records required by this section shall be kept for at least 3 years after the transaction to which it applies. A person who fails to comply with any requirement under subsections (a) through (c) of this section is subject to a civil penalty not exceeding: For a first offense, $500; or For a second or subsequent offense, $1,000.

In this section the following words have the meanings indicated. “Automotive repair facility” means a facility where malfunctions of a motor vehicle are diagnosed or corrected for compensation. “Automotive repair facility” includes a body shop. “Major component part” means: An air bag; A bumper; An engine; A front fender; A front or rear side door; A hood; A pickup box or cargo box; A rear quarter panel; A rear door, deck lid, hatchback, or tailgate; A side assembly; A sliding or cargo door; or A transmission. “Used major component part” does not include a: Remanufactured part that has not been installed on a motor vehicle since remanufacture; Core element that is held solely for the purpose of being returned for remanufacture; or Part that is unsuitable for reuse in or on a motor vehicle. “Vehicle storage facility” means a facility where disabled vehicles are stored at any time for compensation. A person who operates an automotive repair facility shall keep accurate and complete records at the location where motor vehicle repairs are conducted of: The name and address of the owner of each motor vehicle repaired or stored at the automotive repair facility or each customer who leaves a motor vehicle for repair or storage at the automotive repair facility; The date a motor vehicle was left at the automotive repair facility; The year, model, and, when repairs involve a used major component part, the vehicle identification number of the vehicle; and For a used major component part at the automotive repair facility, proof of ownership or proof of the right of possession, including, if available, the vehicle identification number on the component part. A person who operates a vehicle storage facility shall keep accurate and complete records at the location where vehicles are stored of: The name and address of the individual who requested storage of each vehicle; The date that each vehicle was brought into the vehicle storage facility; The year, model, and, if available, the vehicle identification number of each vehicle; and The date and manner of disposition of each vehicle. Records required under subsection (b) or (c) of this section shall be kept for at least 1 year after the date: Of the transaction to which the record applies; or On which a part or vehicle is at the automotive repair facility or vehicle storage facility. A person who operates an automotive repair facility or vehicle storage facility may satisfy the record requirement if the required record is a computerized record that is accessible at the automotive repair facility or vehicle storage facility. During business hours or other hours of operation, an automotive repair facility or vehicle storage facility shall make available for inspection by the Administration, by the Department of State Police, or by a law enforcement officer with a county or municipal police department or sheriff’s office who is assigned to an antitheft unit: Records required under this section; and Used major component parts and vehicles for which records are required. If an automotive repair facility or a vehicle storage facility is unable to produce a record required under this section, the automotive repair facility or vehicle storage facility may produce other evidence satisfactory to the Administration or law enforcement officer of proof of ownership or right of possession. A person who fails to comply with any requirement under this section is subject to a civil penalty not exceeding: For a first offense, $500; or For a second or subsequent offense, $1,000.

A person issued a citation under § 15-113 or § 15-113.1 of this subtitle shall comply with a notice to appear contained in a citation or a trial notice issued by the District Court. A person may comply with the notice to appear by: Appearance in person or by counsel; or Payment of the civil penalty as provided in the citation. A citation issued for a violation under § 15-113 or § 15-113.1 of this subtitle shall include: Information advising the person receiving the citation of the manner in which liability may be contested; and A warning that failure to pay the civil penalty or to contest liability in a timely manner in accordance with the citation: Is an admission of liability and waiver of defenses; and Results in an entry of a default judgment that may include a fine, court costs, and administrative expenses in favor of the Administration against the person named in the citation. Subject to paragraph (2) of this subsection, the District Court: May enter a default judgment in favor of the Administration if a person fails to pay a fine or comply with a notice to appear; and Shall mail notice of any default judgment to the person named in the citation. The default judgment shall take effect unless, by the end of the 15th day after the date that notice of the default judgment was mailed, the person named in the citation posts bond or a civil penalty deposit and requests a new date for a trial and the court has granted the motion.

Any penalty under this subtitle is in addition to any other penalty provided by law.