# Transportation (GTR)

## Title 22. Vehicle Laws -- Equipment of Vehicles

### Subtitle 4. Other Equipment

#### Section 22-401

(a) Every motor vehicle when operated on a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no horn or other warning device may emit an unreasonably loud or harsh sound or a whistle.

(b) The driver of a motor vehicle shall, when reasonably necessary to insure safe operation, give audible warning with his horn, but may not otherwise use the horn when on a highway.

(c) No vehicle may be equipped with nor may any person use on a vehicle any siren, whistle, or bell, except as otherwise permitted in this section.

(d) It is permissible, but not required, that any vehicle be equipped with a theft alarm signal device that is so arranged that it cannot be used by the driver as an ordinary warning signal.

(e) Every emergency vehicle shall be equipped with a siren, whistle, or bell capable of emitting sound audible under normal conditions from a distance of not less than 500 feet. However, the siren may not be used except when the vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, in which latter events the driver of the vehicle shall sound the siren when reasonably necessary to warn pedestrians and other drivers of the approach of the vehicle.

#### Section 22-401.1

A vehicle from which ice cream products and similar products are sold may be equipped with, and the driver of the vehicle may use, a bell not exceeding 3 1/2 inches in diameter, or a set of bells, provided that no bell or set of bells may be:

(1) Operated by mechanical or electrical means or by any means other than manually;

(2) Amplified by any electrical or electronic means;

(3) Capable of emitting sound audible under normal conditions from a distance of more than 400 feet;

(4) Used for any purpose between the hours of 10 o'clock p.m. and 8 o'clock a.m.; or

(5) Used as an ordinary warning signal at any time.

#### Section 22-402

(a) Every motor vehicle with an internal combustion engine shall be equipped with an exhaust muffler system in good working order and in constant operation to prevent excessive or unusual noise, and no person may use a muffler cutout, bypass, or similar device on a motor vehicle on a highway. Noise levels in excess of those adopted by the Administrator under Sec. 22-601 of this title are excessive.

(b) A person may not use on the exhaust or "tail pipe" of a motor vehicle any extension or other device to cause excessive or unusual noise.

(c)

  (1) No motor vehicle may be operated, nor may the owner or lessee of a motor vehicle permit it to be operated, on any highway in this State unless the engine power and exhaust mechanism is equipped, adjusted, and operated to prevent:

    (i) The discharge of clearly visible smoke (comparable to smoke equal to or darker in shade than that designated as No. 1 of the Ringelmann Chart as published by the U.S. Bureau of Mines) in the exhaust emissions within the proximity of the exhaust outlet for more than 10 consecutive seconds; and

    (ii) The discharge of smoke from any other part of the engine in such amounts and of such opacity as to partially obscure persons or objects from view.

  (2) In this subsection, "smoke" means small gasborne and airborne particles, exclusive of water vapor, from a process of combustion in sufficient numbers to be observable.

  (3) A motor vehicle engine may not be allowed to operate for more than 5 consecutive minutes when the vehicle is not in motion, except as follows:

    (i) When a vehicle is forced to remain motionless because of traffic conditions or mechanical difficulties over which the operator has no control;

    (ii) When it is necessary to operate heating and cooling or auxiliary equipment installed on the vehicle;

    (iii) To bring the vehicle to the manufacturer's recommended operating temperature; or

    (iv) When it is necessary to accomplish the intended use of the vehicle.

  (4) For a period of 1 year from July 1, 1971, this subsection shall be enforced by issuance of a warning. One year from July 1, 1971, it shall be enforced in the same manner as other violations of this section.

  (5) This subsection does not apply to Class L (historic) vehicles.

(d) In this section, "muffler" means a device designed for and effective in reducing noise while permitting the flow of gases.

(e) All mufflers and exhaust pipes carrying exhaust gases from the motor shall be of leakproof construction.

#### Section 22-402.1

(a) A person may not willfully or intentionally remove, alter, or otherwise render inoperable except for a bona fide repair or replacement, any exhaust emission control device that has been installed by a manufacturer of motor vehicles on a motor vehicle manufactured as a 1968 or later model, if the motor vehicle is factory equipped with this device as required by federal law or by rule or regulation adopted by the Administrator.

(b) A person may not willfully or intentionally remove, alter, or otherwise render inoperable except for a bona fide repair or replacement, any gasoline tank filler inlet device that has been installed by a manufacturer of motor vehicles on a motor vehicle manufactured as a 1968 or later model, if the motor vehicle is factory equipped with this device as required by federal law or by rule or regulation adopted by the Administrator.

(c) A person may not willfully or intentionally remove, alter, or otherwise render inoperable except for a bona fide repair or replacement, any crankcase ventilation device that has been installed by a manufacturer of motor vehicles on a motor vehicle manufactured as a 1968 or later model, if the motor vehicle is factory equipped with this device as required by federal law or by rule or regulation adopted by the Administrator.

#### Section 22-402.2

(a) In this section, "dealer" has the meaning stated in Sec. 15-101 of this article.

(b) A dealer may not sell or offer for sale a vehicle on which an exhaust emission control, gasoline tank filler inlet, or crankcase ventilation device described under Sec. 22-402.1 of this subtitle is removed or altered.

#### Section 22-403

(a) Every motor vehicle shall be equipped with at least one mirror located to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of the vehicle.

(b) Every motor vehicle registered in this State shall be equipped with an outside mirror on the driver's side located to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear of the vehicle and along the driver's side of the vehicle. This subsection does not apply to motorcycles, which are governed by subsection (c) of this section.

(c) Every motorcycle shall be equipped with two rearview mirrors, one each attached to the right and left handlebars, which shall meet applicable federal motor vehicle safety standards.

(d) Where the view through the inside rearview mirror is obstructed, two outside rearview mirrors are required.

#### Section 22-404

(a)

  (1) Except as provided in subsection (b) of this section, a person may not drive any motor vehicle with any sign, poster, card, sticker, or other nontransparent material on the front windshield, sidewings, or side or rear windows of the vehicle other than a certificate or other paper either required to be so displayed by law or authorized by the Administrator.

(b) This section does not apply to:

  (1) Nontransparent material placed on the windshield of a motor vehicle above the AS1 line or not lower than 5 inches from the top of the windshield, whichever is less, if the materials are placed so as not to interfere with the driver's clear view of traffic;

  (2) Materials placed on the windshield or rear window, within a 7 inch square area in the lower corner, if the materials are placed so as not to interfere with the driver's clear view of traffic;

  (3) Materials placed on the side windows of a Class A (passenger) vehicle to the rear of the driver, if the materials are placed so as not to interfere with the driver's clear view of traffic;

  (4) Materials placed on the side or rear windows of a Class M (multipurpose) vehicle or Class E (truck) vehicle provided that the vehicle is equipped with two outside rearview mirrors, one each attached to the right and left side of the vehicle;

  (5) Materials placed on the windshield in compliance with security measures required by a federal or State government agency, provided that the decal is affixed to the vehicle in accordance with the issuing agency's guidelines;

  (6) Direction, destination, or termini signs on any passenger common carrier motor vehicle; or

  (7) An electronic toll collection device placed on the windshield of a vehicle in accordance with the guidelines established by the Maryland Transportation Authority.

(c) The windshield on every motor vehicle, except motorcycles, shall be equipped with a device for clearing and cleaning rain, snow, or other moisture from the windshield, which device shall be constructed to be controlled or operated by the driver of the vehicle.

(d) Every windshield wiper on a motor vehicle shall be maintained in good working order.

(e)

  (1) If a motor vehicle was originally equipped with windshield washers, the washers shall be operational and capable of containing washer fluid and distributing washer fluid onto the windshield.

  (2) A windshield washer shall be constructed to be controlled or operated by the driver of the vehicle.

#### Section 22-404.1

(a) A person may not display on a motor vehicle the insignia or emblem of any motor vehicle club or similar organization, or of a fire company, unless he is entitled to use the same under the constitution, bylaws, rules, or regulations of the club or organization.

(b) A person may not display on a motor vehicle any sign that, in the judgment of the Administration, may tend to create a hazard to safety.

#### Section 22-404.2

A person may not display in any manner on a motor vehicle the great seal or emblem of the State of Maryland, or any facsimile of it, in any form, unless the person is the Governor, the State Comptroller, the Attorney General, the State Treasurer, the Secretary of State, the head of a State department, or an elected official.

#### Section 22-404.3

(a) Every truck, truck tractor, and bus operated on highways in this State, except as provided in subsection (b) of this section, shall be identified with the name or trade name of its owner, operator, or lessee and shall display:

  (1) A United States Department of Transportation number; or

  (2) The number issued by a State agency.

(b) This section does not apply to the following if operated intrastate only:

  (1) Vehicles registered as:

    (i) Farm trucks under Sec. 13-921 of this article;

    (ii) Farm truck tractors under Sec. 13-924 of this article; or

    (iii) Farm area motor vehicles under Sec. 13-935 of this article;

  (2) Trucks registered at 10,000 pounds capacity or less;

  (3) Emergency vehicles;

  (4) Vehicles used primarily to transport money or commercial paper;

  (5) Vehicles owned or operated by the State or any political subdivision of the State; or

  (6) Vehicles operating within 15 days from the date of purchase.

(c) The display of identification required by this section shall comply with the regulations promulgated by the federal Motor Carrier Safety Administration relating to vehicles operating interstate, as codified in 49 C.F.R., Part 390.21.

(d) This section does not prohibit the display of any additional identification required by other laws of this State or any other state, or by any agency or department of the federal government.

#### Section 22-404.4

(a) A person who operates on any public road a motor vehicle that is registered in this State is subject to the provisions of this section.

(b)

  (1) Each motor vehicle that is operated on any public road and powered by propane fuel shall be identified by vehicle identification decals issued by the Office of the Fire Marshal or from a propane industry source.

  (2) The vehicle identification decal required by this section shall be a diamond shaped design consisting of the word "propane" in silver scotchlite letters 1 inch high on a black background with a silver scotchlite border.

  (3) The vehicle identification decal shall be attached to the left front and right rear bumper of the vehicle.

(c) The Office of the Fire Marshal or propane industry source that issues the vehicle identification decal shall charge a fee for the issuance of a vehicle identification decal not to exceed the reasonable cost of preparation and distribution.

(d) A person convicted of a violation of this section is subject to a fine of $250.

#### Section 22-404.5

(a) In this section, "power booster system" means any device installed in a motor vehicle which allows liquid nitrous oxide to combine with gasoline for the purpose of increasing engine power.

(b) Except as provided in subsection (c) of this section, a person may not operate on a highway a motor vehicle equipped with a power booster system.

(c) A person may operate on a highway a motor vehicle equipped with a power booster if:

  (1) The vehicle is enroute to or from a track where the vehicle is used for racing and the power booster system is inoperative; or

  (2) The container of nitrous oxide has been removed from the vehicle.

(d) Every motor vehicle equipped with a power booster system shall be identified with a decal that:

  (1) Is a diamond shaped design consisting of the words "Compressed Gas D.O.T. No. 1070" in silver scotchlite letters 1 inch high on a black background with a silver scotchlite border;

  (2) Is issued by the Office of the Fire Marshal or from a nitrous oxide industry source; and

  (3) Is attached to the left front and right rear bumper of the vehicle.

(e) The Office of the Fire Marshal may adopt regulations necessary to carry out the provisions of this section.

(f) The Office of the Fire Marshal or nitrous oxide industry source that issues the vehicle identification decal may charge a fee for the issuance of a vehicle identification decal not to exceed the reasonable cost of preparation and distribution.

(g) A person convicted of a violation of this section is subject to a fine not exceeding $1,000.

#### Section 22-405

(a) A person may not drive a motor vehicle on any highway unless the motor vehicle is equipped with tires in safe operating condition, in accordance with requirements approved by the Administrator.

(b) A person may not drive a trailer on any highway unless the trailer is equipped with tires in safe operating condition, in accordance with requirements approved by the Administrator.

(c) The Administrator shall adopt rules of safe operating conditions capable of being employed by a police officer for visual inspection of tires maintained on vehicles, including visual comparisons with simple measuring devices. The requirements shall encompass effects on tread wear and depth of tread.

(d) If a police officer, at any time, has reasonable cause to believe that a vehicle is unsafe or equipped with tires in violation of the provisions of this section, the police officer may require the driver of the vehicle to stop and submit the vehicle tire to an inspection. If the inspection discloses the vehicle to be in violation, the officer may issue a summons for the violation.

#### Section 22-405.1

(a) A person may not sell or offer for sale any tire that has been regrooved or recut unless:

  (1) The tire is specifically designed to be regrooved or recut; and

  (2) Following such procedure, the tire complies with standards established by the United States Department of Transportation.

(b) A person may not sell or transfer any vehicle that is equipped with regrooved or recut tires, unless the tires comply with the requirements of subsection (a) of this section.

(c) A person may not drive or otherwise move on any highway in this State any vehicle that is equipped with regrooved or recut tires, unless the tires comply with the requirements of subsection (a) of this section.

(d) A person may not sell, offer for sale, or have in his possession with intent to sell, any motor vehicle tire or motorcycle tire that has had its tread regrooved without the fact being plainly shown by a marking or label in the English language on the shoulder sidewall of the tire.

(e) A person convicted of a violation of this section is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.

#### Section 22-405.2

(a) A person may not drive on any highway any motor vehicle, trailer, or semitrailer having any metal tire in contact with the roadway.

(b) Except as provided in subsection (c) of this section, a tire on a vehicle driven on a highway may not have on its periphery any block, stud, flange, cleat, or spike or any other protuberance of any material, other than rubber, that projects beyond the tread of the traction surface of the tire, except that:

  (1) It is permissible to use farm machinery with tires having protuberances that will not injure the highway;

  (2) It is permissible to use tire chains of reasonable proportions on any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid;

  (3) It is permissible for a vehicle not registered or required to be registered in this State to use tires as described in this subsection; and

  (4) Except in Allegany, Carroll, Frederick, Garrett, and Washington counties, a person may not sell or offer for sale in this State any tire which is not permitted to be used in this State under this subsection.

(c) From November 1 through March 31, owners of vehicles registered in Allegany County, Carroll County, Frederick County, Garrett County, or Washington County are exempt from the prohibition of the use of tires described in subsection (b) of this section.

(d) The State Highway Administration and local authorities in their respective jurisdictions, in their discretion, may issue special permits authorizing the operation on a highway of traction engines or tractors having movable tracks with transverse corrugations on the periphery of the movable tracks or farm tractors or other farm machinery, the operation of which on a highway otherwise would be prohibited under this section.

#### Section 22-405.3

If a new Class A (passenger) or Class M (multipurpose) motor vehicle is sold in this State, the manufacturer shall equip the motor vehicle with a spare tire that conforms with the requirements in Sec. 22-405 of this subtitle, unless:

(1) The tire-wheel system of the motor vehicle provides a run-flat capability by which a partially inflated driving surface becomes available in the event of a tire failure;

(2) The motor vehicle is equipped with a factory-installed temporary tire repair and inflation system; or

(3) Technological improvements, consistent with applicable federal motor vehicle safety standards, become available.

#### Section 22-405.4

(a) A person may not drive any motor vehicle weighing 73,000 pounds or more unless the rear axle of the tractor is equipped with original first line tires or with recaps approved by the Administrator and the Department of State Police.

(b) A person may not drive any trailer weighing 73,000 pounds or more unless the rear axle of the tractor and the rear axle of the trailer are equipped with original first line tires or with recaps approved by the Administrator and the Department of State Police.

#### Section 22-405.5

(a) A person may not sell or offer for sale, at the point of final retail sale to the consumer, an unsafe tire, for use on a highway, that does not meet or exceed the requirements set forth in subsection (b) of this section or in regulations promulgated under Sec. 22-405(c) of this subtitle.

(b) A tire shall be considered unsafe if it:

  (1) Has tread wear indicators and the tire is worn to the point that the tread wear indicators are flush with the tread at any place on the tire;

  (2) Does not have tread wear indicators and the tire is worn so that less than 2/32 of an inch tread remains when measured in any groove at three locations spaced approximately equally around the outside of the tire; provided that motorcycle tires shall be allowed to be worn down to 1/32 of an inch, if measured under this paragraph;

  (3) Has a worn spot that exposes the cord through the tread;

  (4) Has tread cuts, snags, or sidewall cracks in any direction which are deep enough to expose body cords;

  (5) Has visible bumps, bulges, or knots indicating partial failure or separation of the tire structure;

  (6) Has unrepaired fabric breaks or the sidewall has damaged body cords;

  (7) Has been regrooved or recut except as authorized in Sec. 22-405.1 of this subtitle; or

  (8) Is marked:

    (i) For farm use only;

    (ii) For off-highway use only; or

    (iii) For racing use only.

(c) A tire failing to meet the requirements of subsection (b) of this section may be sold for off-highway use only if the tire has permanently inscribed on its sidewall the letters "OH" at least 3/4 of an inch in height.

#### Section 22-406

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Aftermarket safety glass replacement" means motor vehicle safety glass replacement services that occur after the original installation by a vehicle manufacturer.

  (3) "Safety glass" means:

    (i) Any glass product that is so made or treated as substantially to prevent the glass from shattering and flying when struck or broken; or

    (ii) Any similar or other product that the Administration approves.

(b) A person may not drive on any highway in this State any motor vehicle manufactured or assembled after June 1, 1937, and registered in this State, unless the vehicle is equipped with safety glass wherever glass is used in the motor vehicle in doors, windows, windshields, and wings.

(c) A person may not sell any motor vehicle manufactured or assembled after June 1, 1937, registered or intended to be registered in this State and driven or intended to be driven on any highway in this State, unless the vehicle is equipped with safety glass wherever glass is used in the motor vehicle in doors, windows, windshields, and wings. Each sale in violation of this provision is a separate offense.

(d) The owner of any motor vehicle may not have broken glass in the windshield of the vehicle replaced with any glass other than safety glass.

(e) The owner of any motor vehicle may not have safety glass, broken or otherwise, in doors, windows, or wings of the motor vehicle replaced with any glass other than safety glass.

(f) A person may not install in the doors, windows, windshields, and wings of any motor vehicle any glass other than glass required by subsections (d) and (e) of this section.

(g)

  (1)

    (i) The Administration shall compile, maintain, and publish a list, by name, of the types of glass approved by it as conforming to the specifications and requirements of safety glass as set forth in this section.

    (ii) The Administration shall adopt regulations establishing standards and requirements for aftermarket safety glass replacement that:

      (1) Require that the products and services used meet or exceed original equipment manufacturer specifications;

      (2) Require the use of motor vehicle safety glass that meets American National Standards Institute Z26.1 in accordance with Federal Motor Vehicle Safety Standard 205 and any other applicable federal motor vehicle safety standard adopted by the National Highway Transportation Safety Administration; and

      (3) Meet or exceed the standards and requirements of the American National Standards Institute/Auto Glass Safety Council/Automotive Glass Replacement Safety Standard.

  (2) The Administration may not register any motor vehicle that is subject to the provisions of this section unless it is equipped with an approved type of safety glass and shall suspend the registration of any motor vehicle subject to this section that the Administration finds is not so equipped until the vehicle is made to conform to the requirements of this section.

(h) In case of any violation of any provision of this section by any common carrier or person operating under a permit issued by the Public Service Commission of Maryland, the permit shall either be revoked or, in the discretion of the Commission, suspended until the provision is complied with to the satisfaction of the Commission.

(i)

  (1) Except as provided in paragraph (4) of this subsection, a person may not operate a vehicle registered under Sec. 13-912, Sec. 13-913, Sec. 13-917, or Sec. 13-937 of this article on a highway in this State if:

    (i) In the case of a vehicle registered under Sec. 13-912 of this article, there is affixed to any window of the vehicle any tinting materials added to the window after manufacture of the vehicle that do not allow a light transmittance through the window of at least 35%; and

    (ii) In the case of a vehicle registered under Sec. 13-913, Sec. 13-917, or Sec. 13-937 of this article, there is affixed to any window to the immediate right or left of the driver any window tinting materials added after manufacture of the vehicle that do not allow a light transmittance through the window of at least 35%.

  (2) If a police officer observes that a vehicle is being operated in violation of paragraph (1) of this subsection, the officer may stop the driver of the vehicle and, in addition to a citation charging the driver with the offense, issue to the driver a safety equipment repair order in accordance with the provisions of Sec. 23-105 of this article.

  (3) A person may not install on a window of a vehicle any window tinting material that does not comply with the light transmittance requirements specified in paragraph (1) of this subsection.

  (4)

    (i) A person who must be protected from the sun for medical reasons is exempt from the provisions of paragraph (1) of this subsection if the owner has, in the vehicle at the time the vehicle is stopped by a police officer, a written certification in the manner and format required by the Automotive Safety Enforcement Division of the Department of State Police that details the owner's medical need for tinted windows with a light transmittance of less than the allowed 35%, from a physician licensed to practice medicine in the State.

    (ii)

      (1) Except as provided in subsubparagraph 2 of this subparagraph, a written certification under this paragraph shall be valid for a period of time that the licensed physician determines the owner needs the enhanced tinted windows, not to exceed 2 years.

      (2) If the licensed physician determines that the owner's medical condition is permanent, a written certification under this paragraph shall be valid indefinitely.

    (iii) This subsection does not apply to tinting materials that:

      (1) Are affixed in such a manner so as to be easily removed; and

      (2) Are being used to protect a child less than 10 years of age from the sun.

    (iv) Nothing in this subsection may be construed to:

      (1) Allow any tinting materials to be added to the windshield of a vehicle below the AS1 line or below 5 inches from the top of the windshield;

      (2) Prohibit a person from operating the vehicle while the person for whom the written certification is required is not present in the vehicle, provided that the written certification is in the vehicle; or

      (3) Alter or restrict the authority of the Administrator to adopt regulations regarding vehicle windows, except with respect to the light transmittance requirements specified in this section.

#### Section 22-407

(a) A person may not drive any truck with a registered gross weight in excess of 10,000 pounds, any passenger bus, any truck tractor, or any motor vehicle towing a mobile home, on any highway outside the corporate limits of municipal corporations at any time from a half hour after sunset to a half hour before sunrise unless there is carried in the vehicle the following equipment, except as provided in subsection (b) of this section:

  (1) At least three flares or three red electric lanterns or three portable red emergency reflectors, each of which shall be capable of being seen and distinguished at a distance of not less than 600 feet under normal atmospheric conditions at nighttime;

  (2) At least three red-burning fusees having a burning period of at least 15 minutes, unless red electric lanterns or red portable emergency reflectors are carried; and

  (3) At least two red flags, not less than 12 inches square, with standards to support the flags.

(b) A person may not drive at the time and under the conditions stated in subsection (a) any motor vehicle used to carry explosives, any cargo tank truck used to carry flammable liquids or compressed gases, or any motor vehicle using compressed gas as a fuel, unless there is carried in the vehicle three red electric lanterns or three portable red emergency reflectors meeting the requirements of subsections (a) and (d) of this section.

(c) A person may not carry in a motor vehicle used to carry explosives, a cargo tank truck used to carry flammable liquids or compressed gases, or a motor vehicle using compressed gas as a fuel, a flare, fusee, or signal produced by flame.

(d)

  (1) No flare, fusee, electric lantern, warning device, or warning flag may be used to comply with this section unless the equipment is of a type that has been submitted to and approved by the Administrator.

  (2) After June 30, 1974, no portable reflector warning device may be used to equip a vehicle that is required by this section to be so equipped unless it meets the requirements specified in the applicable federal motor vehicle safety standards. Vehicles equipped with portable reflector devices before July 1, 1974, may continue to use a device conforming to the requirements of a Type 2 device as specified in the Society of Automotive Engineers recommended standards until such time as the device is replaced. Replacement devices shall conform to the applicable federal standards.

#### Section 22-408

(a) Whenever any truck, passenger bus, truck tractor, trailer, semitrailer, or pole trailer, or any motor vehicle towing a mobile home is disabled on the roadway or shoulder of any highway outside of any municipal corporation at any time when lighted lamps are required on vehicles, the driver of the vehicle shall display the following warning devices on the highway during the time the vehicle is so disabled on the highway, except as provided in subsection (b), (c) or (e) of this section:

  (1) A lighted fusee, a lighted red electric lantern, or a portable red emergency reflector shall be immediately placed at the traffic side of the vehicle in the direction of the nearest approaching traffic; and

  (2) As soon thereafter as possible, but in any event within 15 minutes or before any fusee used for this purpose burns out, whichever occurs first, the driver shall place three liquid-burning flares (pot torches), three lighted red electric lanterns, or three portable red emergency reflectors on the roadway of the highway in the following order:

    (i) One, approximately 100 feet from the disabled vehicle in the center of the lane occupied by the vehicle and toward traffic approaching in that lane;

    (ii) One, approximately 100 feet in the opposite direction from the disabled vehicle and in the center of the traffic lane occupied by the vehicle; and

    (iii) One, at the traffic side of the disabled vehicle not less than 10 feet rearward or forward of it in the direction of the nearest approaching traffic, except that, if a lighted red electric lantern or a red portable emergency reflector has been placed at the traffic side of the vehicle in accordance with paragraph (1) of this subsection, it may be used for this purpose.

(b) Whenever any vehicle of a type referred to in this section is disabled within 500 feet of a curve, hillcrest, or other obstruction to view, the warning signal in that direction shall be placed to afford ample warning to other users of the highway, but in no case less than 100 feet or more than 500 feet from the disabled vehicle.

(c) Whenever any vehicle of a type referred to in this section is disabled on any roadway of a divided highway during the time lights are required, the appropriate warning devices prescribed in subsections (a) and (e) of this section shall be placed as follows:

  (1) One at a distance of approximately 200 feet from the vehicle, in the center of the lane occupied by the stopped vehicle and in the direction of traffic approaching in that lane;

  (2) One at a distance of approximately 100 feet from the vehicle, in the center of the lane occupied by the vehicle and in the direction of traffic approaching in that lane; and

  (3) One at the traffic side of the vehicle and approximately 10 feet from the vehicle in the direction of the nearest approaching traffic.

(d) Whenever any vehicle of a type referred to in this section is disabled on the roadway or shoulder of any highway outside of any municipal corporation at any time when the display of fusees, flares, red electric lanterns or portable red emergency reflectors is not required, the driver of the vehicle shall display two red flags on the roadway in the lane of traffic occupied by the disabled vehicle, one at a distance of approximately 100 feet in advance of the vehicle and one at a distance of approximately 100 feet to the rear of the vehicle.

(e)

  (1) Whenever any motor vehicle used to carry explosives or any cargo tank truck used to carry any flammable liquid or compressed flammable gas, or any motor vehicle using compressed gas as a fuel, is disabled on a highway in this State at any time or place mentioned in subsection (a) of this section, the driver of the vehicle shall immediately display the following warning devices:

    (i) One red electric lantern or portable red emergency reflector, placed on the roadway at the traffic side of the vehicle; and

    (ii) Two red electric lanterns or portable red reflectors, one placed approximately 100 feet to the front and one placed approximately 100 feet to the rear of this disabled vehicle, in the center of the traffic lane occupied by the vehicle.

  (2) Flares, fusees, or signals produced by flame may not be used as warning devices for disabled vehicles of the type mentioned in this subsection.

(f) The flares, fusees, red electric lanterns, portable red emergency reflectors, and flags to be displayed as required in this section shall conform with the requirements of Sec. 22-407 of this subtitle applicable to them.

#### Section 22-409

(a)

  (1) The Administrator and the Secretary of the Department of the Environment jointly shall adopt such regulations as are necessary for the safe transportation of hazardous materials.

  (2) The regulations adopted under this subsection shall duplicate or be consistent with the hazardous materials transportation regulations contained in 49 C.F.R., Parts 107 through 180, and all amendments to those regulations.

(b)

  (1) Any person engaged in the shipping and transporting of hazardous materials, regardless of whether the person's functions are related to the preparation or transportation of the materials or whether the transporting involves interstate or intrastate movements, shall comply with the regulations adopted under this section.

  (2) All persons engaged in the manufacture, fabrication, marking, maintenance, reconditioning, repair, or retesting of packaging shall comply with the regulations adopted under this section.

(c) The Administrator may exempt through regulation certain persons from the regulations adopted under this section if the Administrator determines based on the evidence presented that public and environmental safety would not be adversely affected.

(d) A person convicted of a violation of this section is subject to:

  (1) For a first offense, a fine not exceeding $1,000;

  (2) For a second offense, a fine not exceeding $2,000; and

  (3) For a third or subsequent offense, a fine not exceeding $3,000.

#### Section 22-410

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Air-conditioning equipment" means mechanical vapor compression refrigeration equipment used to cool the driver's or passenger compartment of any motor vehicle.

  (3) "Ozone-depleting refrigerant" means a refrigerant used in air-conditioning equipment that contains a substance identified in 42 U.S.C. Sec. 7671a(a) or (b).

(b) Air-conditioning equipment shall be manufactured, installed, and maintained with due regard for the safety of the occupants of the vehicle and the public.

(c) In a motor vehicle of model year 2011, or any model year thereafter, the air-conditioning equipment may contain only a refrigerant that:

  (1) Is not an ozone-depleting refrigerant; or

  (2) Is included in the list published by the United States Environmental Protection Agency as a safe alternative to chlorofluorocarbon-12, pursuant to 42 U.S.C. Sec. 7671k(c).

(d) The Administrator, in consultation with the Department of the Environment, may adopt and enforce safety requirements, regulations, and specifications for air-conditioning equipment consistent with the requirements of this section.

(e) A person may not have for sale, offer for sale, sell, or equip any motor vehicle, of model year 2011 or thereafter, with any air-conditioning equipment unless the air-conditioning equipment complies with the requirements of this section.

#### Section 22-411

(a) Every trailer or semitrailer of a gross weight of 3,000 pounds or more, when operated on a highway, shall be equipped with a permanent metal frame attached to the underside of the rear of the trailer.

(b) The frame may not be any wider than the width of the trailer and shall be not more than 30 inches above the highway when moving and constructed of heavy gauge steel.

(c) The maximum transverse distance from the widest part of the vehicle at the rear to the frame may not exceed 18 inches.

(d) The frame shall be constructed so as not to interfere with lights or other warning devices.

(e) Any trailer or semitrailer so constructed and maintained that the body, chassis, or other parts of it afford the protection required by this section is in compliance with this section.

(f) This section does not apply to pole trailers or to vehicles where the installation of the required frame would prevent operation of the vehicle to secure its designed use.

#### Section 22-412

(a) Every motor vehicle registered in this State and manufactured or assembled after June 1, 1964, shall be equipped with two sets of seat belts on the front seat of the vehicle.

(b) Every motor vehicle registered in this State and manufactured or assembled with a rear seat after June 1, 1969, shall be equipped with two sets of seat belts on the rear seat of the vehicle.

(c) A person may not sell or offer for sale any vehicle in violation of this section.

(d) For the purpose of this section only, "motor vehicle" does not include any motorcycle other than an autocycle, bus, or truck.

(e) For the purpose of this section only, "seat belt" means any belt, strap, harness, or like device.

(f) A seat belt may not be sold or offered for sale for use in connection with the operation of a motor vehicle in this State after June 1, 1964, unless it meets applicable federal motor vehicle safety standards.

#### Section 22-412.1

Every motor vehicle that is used by nursery schools, camps, day nurseries, or child care centers for children with an intellectual disability to transport children shall be equipped with seat belts for each seat and shall be subject to any other regulations adopted by the Administration, unless the motor vehicle:

(1) Is a Type I school vehicle; or

(2) Was formerly registered as a Type I school vehicle.

#### Section 22-412.2

(a)

  (1) In this section the following words have the meanings indicated.

  (2)

    (i) "Child safety seat" means a device, including a child booster seat, that the manufacturer:

      (1) Certifies is manufactured in accordance with applicable federal safety standards; and

      (2) Intends to be used to restrain, seat, or position a child who is transported in a motor vehicle.

    (ii) "Child safety seat" does not mean a seat belt or combination seat belt-shoulder harness used alone.

  (3)

    (i) "Seat belt" means a restraining device described under Sec. 22-412 of this subtitle.

    (ii) "Seat belt" includes a combination seat belt-shoulder harness.

(b) A child safety seat meets the requirements of this section only if it is installed and used in accordance with the directions of the manufacturer.

(c) This section applies to the transportation of a child in:

  (1) A motor vehicle registered, or of a type capable of being registered, in this State as a:

    (i) Class A (passenger) vehicle;

    (ii) Class E (truck) vehicle; or

    (iii) Class M (multipurpose) vehicle; and

  (2) A vehicle registered in another state or Puerto Rico that is the same type of vehicle as a vehicle identified in item (1) of this subsection.

(d)

  (1) Subject to paragraph (2) of this subsection, a person transporting a child under the age of 8 years in a motor vehicle shall secure the child in a child safety seat in accordance with the child safety seat and vehicle manufacturers' instructions unless the child is 4 feet, 9 inches tall or taller.

  (2) A person transporting a child under the age of 2 years in a motor vehicle shall secure the child in a rear-facing child safety seat that complies with applicable federal regulations until the child reaches the weight or height limit specified by the manufacturer of the child safety seat.

(e) Subject to subsection (d) of this section, a person may not transport a child under the age of 16 years unless the child is secured in:

  (1) A child safety seat in accordance with the child safety seat and vehicle manufacturers' instructions; or

  (2) A seat belt.

(f) Notwithstanding subsection (d) of this section, if a physician, who is licensed to practice medicine in the state in which the vehicle transporting the child is registered, certifies in writing that use of a child safety seat by a particular child would be impractical due to the child's weight, height, physical unfitness, or other medical reason, there is not a violation of this section.

(g) A child safety seat or seat belt may not be used to restrain, seat, or position more than one individual at a time.

(h) A violation of this section is not contributory negligence and may not be admitted as evidence in the trial of any civil action.

(i) A violation of this section is not considered a moving violation for purposes of Sec. 16-402 of this article.

(j) The failure to provide a child safety seat or seat belt for more than one child in the same vehicle at the same time, as required by this section, shall be treated as a single violation.

(k)

  (1)

    (i) Except as provided in subparagraph (ii) of this paragraph, any person convicted of a violation of this section is subject to a fine of $50.

    (ii) A person who violates subsection (d)(2) of this section by securing a child under the age of 2 years in a child safety seat that is not rear-facing is subject to a written warning for a first violation.

  (2) A judge may waive a fine under paragraph (1)(i) of this subsection if the person charged with a violation of this section:

    (i) Did not possess a child safety seat at the time of the violation;

    (ii) Acquires a child safety seat prior to the hearing date; and

    (iii) Provides proof of acquisition to the court.

(l) The Department of Transportation and the Maryland Department of Health shall jointly implement the Child Safety Seat Program and foster compliance with this section through educational and promotional efforts.

#### Section 22-412.3

(a)

  (1) In this section the following words have the meanings indicated.

  (2)

    (i) "Motor vehicle" means a vehicle that is:

      (1) Registered or capable of being registered in this State as a Class A (passenger), Class E (truck), Class F (tractor), Class M (multipurpose), or Class P (passenger bus) vehicle; and

      (2) Required to be equipped with seat belts under federal motor vehicle safety standards contained in the Code of Federal Regulations.

    (ii) "Motor vehicle" does not include a Class L (historic) vehicle.

  (3) "Outboard front seat" means a front seat position that is adjacent to a door of a motor vehicle.

  (4)

    (i) "Seat belt" means a restraining device described under Sec. 22-412 of this subtitle.

    (ii) "Seat belt" includes a combination seat belt-shoulder harness.

(b) A person may not operate a motor vehicle unless the person and each occupant under 16 years old are restrained by a seat belt or a child safety seat as provided in Sec. 22-412.2 of this subtitle.

(c)

  (1) The provisions of this subsection apply to a person who is at least 16 years old.

  (2) Unless a person is restrained by a seat belt, the person may not be a passenger in an outboard front seat of a motor vehicle.

  (3)

    (i) Unless a person is restrained by a seat belt, the person may not be a passenger in a rear seat of a motor vehicle.

    (ii) A police officer may enforce this paragraph only as a secondary action when the police officer detains a driver of a motor vehicle for a suspected violation of another provision of the Code.

(d) If a physician licensed to practice medicine in this State determines and certifies in writing that use of a seat belt by a person would prevent appropriate restraint due to a person's physical disability or other medical reason, the provisions of this section do not apply to the person.

(e) A certification under subsection (d) of this section shall state:

  (1) The nature of the physical disability; and

  (2) The reason that restraint by a seat belt is inappropriate.

(f) The provisions of this section do not apply to U.S. Postal Service and contract carriers while delivering mail to local box routes.

(g) A violation of this section is not considered a moving violation for purposes of Sec. 16-402 of this article.

(h)

  (1) Failure of an individual to use a seat belt in violation of this section may not:

    (i) Be considered evidence of negligence;

    (ii) Be considered evidence of contributory negligence;

    (iii) Limit liability of a party or an insurer; or

    (iv) Diminish recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle.

  (2) Subject to the provisions of paragraph (3) of this subsection, a party, witness, or counsel may not make reference to a seat belt during a trial of a civil action that involves property damage, personal injury, or death if the damage, injury, or death is not related to the design, manufacture, installation, supplying, or repair of a seat belt.

  (3)

    (i) Nothing contained in this subsection may be construed to prohibit the right of a person to institute a civil action for damages against a dealer, manufacturer, distributor, factory branch, or other appropriate entity arising out of an incident that involves a defectively installed or defectively operating seat belt.

    (ii) In a civil action in which 2 or more parties are named as joint tort-feasors, interpleaded as defendants, or impleaded as defendants, and 1 of the joint tort-feasors or defendants is not involved in the design, manufacture, installation, supplying, or repair of a seat belt, a court shall order separate trials to accomplish the ends of justice on a motion of any party.

(i) The Administration and the Department of State Police shall establish prevention and education programs to encourage compliance with the provisions of this section.

(j) The Administration shall include information on this State's experience with the provisions of this section in the annual evaluation report on the State's highway safety plan that this State submits to the National Highway Traffic Safety Administration and the Federal Highway Administration under 23 U.S.C. Sec. 402.

(k) Any person convicted of a violation of this section is subject to a fine of not more than $50.

#### Section 22-412.4

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Seat belt" means a restraining device described under Sec. 22-412 of this subtitle.

  (3) "Vehicle" means an emergency vehicle purchased or leased by the State, a county, municipality, or volunteer fire department or rescue squad and operated by a:

    (i) State, county, or municipal fire department;

    (ii) Volunteer fire department; or

    (iii) Rescue squad.

(b) A vehicle registered in the State and manufactured and assembled after January 1, 1990 shall be equipped with a seat belt or safety restraining device approved by the local authority having jurisdiction for each position on the vehicle that may be lawfully occupied by a passenger.

(c)

  (1) The failure of a person to use a seat belt or restraining device required under this section may not:

    (i) Be considered evidence of negligence;

    (ii) Be considered evidence of contributory negligence;

    (iii) Limit liability of a party or an insurer;

    (iv) Diminish recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle; or

    (v) Be considered a moving violation for purposes of Sec. 16-402 of this article.

  (2) Subject to the provisions of paragraph (3) of this subsection, a party, witness, or counsel may not make reference to a seat belt during a trial of a civil action that involves property damage, personal injury, or death if the damage, injury, or death is not related to the design, manufacture, installation, supplying, or repair of a seat belt required under this section.

  (3)

    (i) Nothing contained in this subsection may be construed to prohibit the right of a person to institute a civil action for damages against a dealer, manufacturer, distributor, factory branch, or other appropriate entity arising out of an incident that involves a defectively installed or defectively operating seat belt.

    (ii) In a civil action in which 2 or more parties are named as joint tort-feasors, interpleaded as defendants, or impleaded as defendants, and 1 of the joint tort-feasors or defendants is not involved in the design, manufacture, installation, supplying, or repair of a seat belt, a court shall order separate trials to accomplish the ends of justice on a motion of any party.

#### Section 22-413

(a) A person may not drive any bus, truck, trailer, or semitrailer on any highway in this State, unless it is equipped with suitable metal protectors or substantial flexible flaps behind the rear-most wheels of the vehicle or combination of vehicles to prevent the projection of rocks, dirt, water, or other substances to the rear and to minimize side spray.

(b) A person may not cause to be driven any bus, truck, trailer, or semitrailer on any highway in this State, unless it is equipped with suitable metal protectors or substantial flexible flaps behind the rear-most wheels of the vehicle or combination of vehicles to prevent the projection of rocks, dirt, water, or other substances to the rear and to minimize side spray.

(c) A person may not permit to be driven any bus, truck, trailer, or semitrailer on any highway in this State, unless it is equipped with suitable metal protectors or substantial flexible flaps behind the rear-most wheels of the vehicle or combination of vehicles to prevent the projection of rocks, dirt, water, or other substances to the rear and to minimize side spray.

(d) The protectors or flaps shall have a ground clearance of not more than one-third of the horizontal distance from the bottom edge of the protector or flap to the centerline of the axle. However, no protector or flap need be closer to the ground than 6 inches under any condition of loading. The protector or flap shall extend laterally at least the width of the tire or tires being protected.

(e) If any bus, truck, trailer, or semitrailer, is so designed or constructed that the objectives in subsection (a) of the section are accomplished by reason of fender or body construction or other means of enclosure, either permanent or temporary, then the requirements of this section have been satisfied.

(f) This section does not apply to any farm tractor or to any vehicle registered as a farm truck or to uncoupled truck tractors or to pole trailers or other vehicles where the construction is such that complete freedom around the wheel area is necessary to secure the designed use of the vehicle.

#### Section 22-414

(a) A motor vehicle driven on a highway in this State may not be equipped with television-type receiving equipment that is turned on and displaying an image visible to the driver.

(b) This section does not prevent:

  (1) The use of television-type receiving equipment in a vehicle exclusively for safety or law enforcement purposes, as approved by the Department of State Police;

  (2) The use in a vehicle of equipment used exclusively for alphanumeric data and text transmission and reception; or

  (3) The use in a vehicle of electronic display equipment:

    (i) Used in conjunction with:

      (1) A vehicle navigation system; or

      (2) Broadcast and satellite radio system graphics; or

    (ii) Displaying information or images related to the operation or safety of a motor vehicle.

#### Section 22-414.1

(a) In this section, "video display equipment" means equipment capable of displaying a dynamic visual image, other than text, from a digital video disc or other storage device.

(b) Except as provided in subsection (c) of this section, a motor vehicle driven on a highway in the State may be equipped with video display equipment only if the video display equipment is turned off when the screen on the video display equipment is visible to the driver.

(c) This section does not apply to equipment on a vehicle used by a public service company.

#### Section 22-415

(a) It is unlawful for any person to:

  (1) Advertise for sale, sell, use or install or cause to be installed any device which causes an odometer to register any mileage other than the true mileage driven;

  (2) Tamper with, damage, interfere with, disconnect, reset, or alter or cause to be disconnected, reset, or altered the odometer of any motor vehicle with intent to change the number of miles indicated;

  (3) Operate a motor vehicle, with intent to defraud, knowing the odometer is disconnected or nonfunctional; or

  (4) With intent to defraud, offer for sale or sell any vehicle in which the odometer has been changed or altered to misrepresent the actual accumulated mileage.

(b) A person convicted of a violation of this section is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.

#### Section 22-416

(a) The purpose of this section is to provide additional safety standards for private passenger automobiles, not only to afford additional protection for passengers in them, but also to eliminate damage to an automobile at a specified speed by more adequate bumper protection for the chassis of the vehicle.

(b) In this section, "private passenger automobile" means a four-wheeled motor vehicle designed principally for carrying passengers, for use on public roads and highways, and not designed for use principally as a dwelling or for camping.

(c) Every private passenger automobile manufactured on and after January 1, 1974, and sold or titled and registered in this State, shall be sold subject to the manufacturer's warranty that it is equipped with an appropriate energy absorption system that meets the requirements for energy absorption systems set by the National Highway Traffic Safety Administration.

(d) The warranty provisions of this section are not applicable with respect to any private passenger automobile as to which the manufacturer files a written certification under oath with the Administration, on a form to be prescribed by it, that the particular make and model described in the certification complies with the applicable standards of this section.

#### Section 22-417

Effective September 1, 1973, all school buses operating in Maryland and used for the transportation of children to and from public or nonpublic schools shall be equipped with seat back crash pads meeting the rules, regulations, and specifications established by the Administration.

#### Section 22-418

(a) School vehicles shall be painted yellow, in accordance with Administration regulations, using the color known as national school bus yellow, as specified in federal standards.

(b) Unless otherwise permitted or authorized by the Maryland Vehicle Law or by Administration regulation, no other vehicle designed for carrying passengers may be painted national school bus yellow or a closely approximate color.

(c) The Administrator may issue regulations for a phase-in of compliance with this section.

#### Section 22-419

(a)

  (1) In this section the following words have the meanings indicated.

  (2)

    (i) "Airbag" means a motor vehicle inflatable occupant-restraint system that:

      (1) Operates in the event of a crash; and

      (2) Is designed in accordance with federal motor vehicle safety standards for the specific make, model, and year of the motor vehicle in which it is or will be installed.

    (ii) "Airbag" includes the cover, sensors, controllers, inflators, wiring, cushion material, and any other component part of an airbag.

  (3) "Counterfeit airbag" means a replacement airbag displaying an unauthorized mark identical or substantially similar to the genuine mark of a motor vehicle manufacturer or a supplier of parts to the motor vehicle manufacturer.

  (4) "Nonfunctional airbag" means:

    (i) A replacement airbag that:

      (1) Has been previously deployed or damaged; or

      (2) Has an electrical fault that is detected by the vehicle diagnostic system after the installation procedure is completed; or

    (ii) An object, including a counterfeit airbag, intended to deceive a vehicle owner or operator into believing that the object is a functional airbag.

(b) A person may not knowingly:

  (1) Import, manufacture, distribute, sell, or offer for sale a counterfeit airbag or a nonfunctional airbag;

  (2) Install or reinstall a counterfeit airbag or a nonfunctional airbag in a motor vehicle;

  (3) Sell, offer for sale, install, or reinstall a device in a vehicle that causes the vehicle's diagnostic system to inaccurately indicate that the vehicle is equipped with a functional airbag when a counterfeit airbag, nonfunctional airbag, or no airbag is installed;

  (4) Represent to another person that a counterfeit airbag or a nonfunctional airbag that is or will be installed in a motor vehicle is a functional airbag; or

  (5) Assist in or cause a violation of this subsection.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

#### Section 22-420

(a)

  (1) Beginning January 1, 2020, manufacturers and distributors of electric bicycles shall apply in a prominent location a standardized label that is permanently affixed to each electric bicycle.

  (2) The label required under paragraph (1) of this subsection shall be printed in Arial font in at least 9 point type and contain for the electric bicycle:

    (i) The classification;

    (ii) The top assisted speed; and

    (iii) The motor wattage.

(b) A person may not tamper with or modify an electric bicycle in a manner that changes the motor-powered speed capability of the electric bicycle unless the person corrects the classification on the label required under subsection (a) of this section.

(c) An electric bicycle shall comply with the equipment and manufacturing requirements for bicycles adopted by the federal Consumer Product Safety Commission under 16 C.F.R. Sec. 1512.

(d) An electric bicycle shall operate in a manner so that the electric motor is disengaged or ceases to function:

  (1) When the brakes are applied; or

  (2) For a Class 1 or Class 3 electric bicycle, when the operator stops pedaling.

(e) A Class 3 electric bicycle shall be equipped with a speedometer that displays the speed of the electric bicycle in miles per hour.

#### Section 22-421

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "First sale" means a sale of a new tire that is not a sale to a wholesaler or out-of-state retailer.

  (3) "Tire dealer" means a person who sells new tires to:

    (i) A seller of tires in the State that is not a tire wholesaler; or

    (ii) A consumer of a tire on which a recycling fee has not been paid.

  (4) "Tire wholesaler" means a person who transfers tires to a person who is not a consumer.

(b)

  (1) Beginning on January 1, 2026, a new tire fee shall be imposed on the first sale of a new tire in the State by a tire dealer, including new tires sold as a part of a new or used vehicle, trailer, farm implement, or similar machinery.

  (2) A county, municipal corporation, or any agency of a county or municipal corporation may not impose any tax, fee, or other charge on the sale of a new tire by a tire dealer.

(c) The new tire fee on the sale of a new tire dealer is $5 per tire.

(d) For a sale made by a tire dealer to a person who resells tires, the tire dealer shall separately state the new tire fees paid by the tire dealer on the invoice or other document of sale.

(e)

  (1) Each tire dealer shall:

    (i) Pay the new tire fee; and

    (ii) Complete and submit, under oath, a return and remit the fees to the Comptroller on or before the 21st day of the month that follows the month in which the sale was made, and for other periods and on other dates that the Comptroller specifies by regulation, including periods for which no fees were due.

  (2) A tire dealer shall file a new tire fee return electronically.

(f) If the amount of the new tire fee is separately stated in a retail sale, the new tire fee is not subject to any tax under Title 13 of this article or Title 11 of the Tax - General Article.

(g) The Comptroller shall forward all new tire fees, less the costs of administration, to the Transportation Trust Fund.

(h) Except to the extent inconsistent with this section, the provisions of Titles 1, 2, 11, and 13 of the Tax - General Article applicable to the sales and use tax shall govern the administration, collection, and enforcement of the new tire fee under this section.

(i) The Comptroller:

  (1) Shall administer the new tire fee; and

  (2) May adopt regulations necessary to administer, collect, and enforce the new tire fee.

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