In this subtitle the following words have the meanings indicated. “Automotive dismantler and recycler” means a person in the business of: Dismantling, destroying, or scrapping any vehicle for the purpose of reselling any of its usable parts; or Otherwise acquiring vehicles for the benefit of their parts or the materials in them. Notwithstanding any provision to the contrary, any reference to a wrecker in any statute, rule, or regulation shall apply to an automotive dismantler and recycler. “License” means an automotive dismantler’s or recycler’s or scrap processor’s license issued by the Administration under this subtitle. “Scrap processor” means a person in a business: That has facilities for processing iron, steel, and nonferrous scrap metal; and The principal product of which is scrap iron, scrap steel, and nonferrous scrap for sale only for resmelting purposes. “Vehicle” means any vehicle, or the body or chassis of any vehicle, that is to be dismantled, destroyed, or scrapped.

Except as provided in §§ 10–14A–03 and 10–14B–03 of the State Government Article, a person may not conduct the business of an automotive dismantler and recycler or a scrap processor, or engage in the business of acquiring or offering to purchase or remove vehicles which are to be dismantled in whole or in part by that person for the sale of usable parts, unless the person is licensed by the Administration under this subtitle. Except as provided in §§ 10–14A–03 and 10–14B–03 of the State Government Article, a person may not advertise for the purchase, towing, or removal of junk or abandoned vehicles unless the person is licensed by the Administration under this subtitle. Any advertisement for the purchase, towing, or removal of junk or abandoned vehicles by a licensee under this subtitle shall include the license number of the licensee. Except as provided in §§ 10–14A–03 and 10–14B–03 of the State Government Article, a person may not store on any private property for more than 30 days any vehicle that is to be dismantled, destroyed, or scrapped, unless the person is an automotive dismantler and recycler or a scrap processor licensed under this subtitle. This section does not prohibit an unlicensed person from purchasing, transporting, towing, or removing a vehicle to a licensed automotive dismantler and recycler or a licensed scrap processor for dismantling, destroying, or scrapping. A person convicted of a violation of subsection (a) of this section is subject to: For a first offense, imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both; and For a second or subsequent offense, imprisonment not exceeding 1 year or a fine not exceeding $2,000 or both.

A person may not be licensed under this subtitle unless: The business to be conducted under the license is conducted from a building that is adequate and appropriate for the business; That business has a storage area large enough for at least 25 vehicles; and At the fixed location from which the business is conducted, as specified in the application, there is a substantial and legible sign: That advertises the type of business conducted at the location; and That is placed in a way so as to be seen readily by the public. A person may not be licensed as a scrap processor unless the person maintains the following equipment suitable for processing vehicle scrap: A hydraulic baler and shears; A shredder; or Any other suitable equipment that the Administration requires by rule or regulation. A person licensed under this subtitle at a fixed location, as specified in the application, on or before December 31, 1985, and the person’s successors or assigns, may not be refused permission to operate at the fixed location solely because any portion of the fixed location is within the 100-year floodplain of waters of the State as defined in § 8-101 of the Natural Resources Article.

The Administration shall submit a copy of each application for a license under this subtitle to the Maryland Department of Health, for its comments on matters relating to air pollution and health.

Each licensee shall pay an annual fee to the Administration for each license year or part of a license year for which the license is issued. The annual license fee shall be established by the Administration.

A license issued under this subtitle authorizes the licensee to conduct the business of an automotive dismantler and recycler or scrap processor, as the case may be, during the license year for which it is issued.

Except as provided in subsection (c) of this section, any person who transfers a vehicle to an automotive dismantler and recycler or scrap processor shall execute an assignment and warranty of title on: The certificate of title issued for the vehicle by this State or any other state; or Any other documentary evidence of ownership acceptable to the Administration. Except as provided in subsection (c) of this section, any person who transfers a vehicle to an automotive dismantler and recycler or scrap processor shall deliver the certificate of title or other documentary evidence of ownership to the automotive dismantler and recycler or scrap processor at the time of the transfer. If a person holds an assigned certificate of title or any other documentary evidence of ownership acceptable to the Administration, the person: May transfer the vehicle to an automotive dismantler and recycler or scrap processor by endorsing a reassignment and warranty of title on the forms that the Administration requires; and Need not obtain a certificate of title in the person’s own name.

If an automotive dismantler and recycler or scrap processor takes possession of a vehicle from a person other than the owner of the vehicle and does not receive a certificate of title, a certificate of authority under § 25–209 of this article, or other documentary evidence of ownership acceptable to the Administration, the automotive dismantler and recycler or scrap processor shall comply with this section. This section does not apply to a vehicle towed from residential or commercial property under a continuing contract to tow unauthorized vehicles, for which a certificate of authority is required to be obtained under § 25–209 of this article. As soon as reasonably possible and within 7 days after it takes a vehicle into possession from a person other than the owner of the vehicle, an automotive dismantler and recycler or scrap processor shall send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to: The last known registered owner of the vehicle; and Each secured party, as shown on the records of the Administration. The notice shall: State that the vehicle has been taken into custody; Describe the year, make, model, and vehicle identification number of the vehicle; Give the location of the facility where the vehicle is held; Inform the owner and secured party of the owner’s and secured party’s right to reclaim the vehicle within 11 working days after the date of the notice, on payment of all towing, recovery, and storage charges owed to the automotive dismantler and recycler or scrap processor resulting from taking or holding the vehicle; and State that the failure of the owner or secured party to exercise this right in the time provided is: A waiver by the owner or secured party of all of the owner’s or secured party’s right, title, and interest in the vehicle; and A consent to the dismantling, destroying, or scrapping of the vehicle. If the automotive dismantler and recycler or scrap processor receives with the vehicle documentary proof that the notification procedures of subsection (b) of this section already have been completed by another person before taking possession of the vehicle or that the vehicle is being received from the owner of the vehicle or an agent of the owner, the automotive dismantler and recycler or scrap processor may accept documentation as to notice or ownership as proof of compliance and is not required to repeat provision of this notification. In addition to documentation of notice under subsections (b) and (c) of this section, an automotive dismantler and recycler or scrap processor shall obtain from a person who provides the vehicle: An affidavit in a form approved by the Administration signed under penalty of perjury by the person providing the vehicle; A copy of the driver’s license of the person who provides the vehicle; Any proof of ownership documents acceptable to the Administration, if available; and If the vehicle is transported by a tow vehicle, a copy of the registration of the tow vehicle. An affidavit under subsection (d) of this section shall include: A statement that the person providing the vehicle has the lawful right to possess the vehicle and the basis of that right; A statement that, except as provided in § 25–209 of this article, the vehicle may not be retitled and may only be dismantled, destroyed, or scrapped; A description of the vehicle, including year, make, model, color, and vehicle identification number; The name, address, driver’s license number, and signature of the person providing the vehicle; An acknowledgement that: The form is being signed under penalty of perjury; and The penalties established under subsection (k) of this section apply; The date the vehicle is provided to the automotive dismantler and recycler or scrap processor; The name, address, and State–issued license number of the automotive dismantler and recycler or scrap processor acquiring the vehicle; and The printed name, title, and signature of the person accepting the vehicle. The automotive dismantler and recycler or scrap processor shall keep and make available for inspection by a law enforcement agency for 3 years under procedures adopted by the Administration by regulation: All documentation of notice provided under subsection (b) or (c) of this section; and All additional documentation required to be obtained or kept on file under subsection (d) of this section. An automotive dismantler and recycler or scrap processor may not accept a vehicle that is transported by a tow truck unless the tow truck is registered under § 13–920 of this article. On receipt of a vehicle, an automotive dismantler and recycler or scrap processor shall comply with procedures for notification, reporting, and document retention as established by the Administration by regulation. The automotive dismantler and recycler or scrap processor takes unencumbered title to the vehicle for the purpose of dismantling, recycling, or scrap processing, without having to obtain a certificate of title for it in his own name, if: The automotive dismantler and recycler or scrap processor has complied with this section; and The vehicle has not been recovered or reclaimed, before the end of the 11–working day period specified in the notice, by the owner, secured party, or other person entitled to its possession. A person may not knowingly make a false statement on an affidavit of lawful possession under this section. A person who violates subsection (j) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $1,000 or both.

Each automotive dismantler and recycler and each scrap processor shall keep an accurate and complete record of all vehicles acquired in the person’s business. The records shall contain, for each vehicle acquired: The name and address of the person from whom the vehicle was acquired; The date on which it was acquired; Documentary evidence acceptable to the Administration of ownership of the vehicle; Any information required under § 17–1009(b) of the Business Regulation Article; and Any other information that the Administration requires. Except as provided in paragraph (3) of this subsection, within 30 days after an automotive dismantler and recycler or scrap processor acquires title to a vehicle, the automotive dismantler and recycler or scrap processor shall, electronically and in a form prescribed by the Administration, notify the Administration or the Administration’s designee of the acquisition. Immediately after giving the notice required under paragraph (1) of this subsection, the automotive dismantler and recycler or scrap processor may dispose of the vehicle for dismantling or scrapping. Paragraph (1) of this subsection does not apply to a vehicle acquired through a salvage certificate issued by the Administration or by the appropriate government agency of another state.

An automotive dismantler and recycler may not store vehicles at his place of business at a density of more than 250 vehicles for any 1 acre if the vehicles are not crushed. An automotive dismantler and recycler may not store vehicles at the automotive dismantler and recycler’s place of business at a density of more than 500 vehicles per acre if the vehicles are crushed. Crushed vehicles may not be stored on more than 1 acre per place of business.

In addition to the other grounds specified in Subtitle 1 of this title for refusal, suspension, or revocation of a license, the Administration may refuse to grant a license under this subtitle to any person and may suspend, revoke, or refuse to renew the license of any person if it finds that the person has violated any applicable rule or regulation of the Maryland Department of Health. As to any person licensed under this subtitle, instead of or in addition to revocation, suspension, or refusal to renew a license under this section, the Administration may order the licensee to pay a fine not exceeding $1,000 for each violation of this subtitle.

Except as otherwise provided in this subtitle, a person convicted of a violation of this subtitle is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.