With the endorsement of the Secretary of Transportation and the Secretary of the Environment and after a public hearing following 60 days’ notice, the Administrator shall adopt regulations that establish maximum sound level limits for the operation on the highways in this State of each type of motor vehicle or combination of vehicles. In establishing limits under this section, the Administrator shall: Consider any noise emission regulations established under federal law for motor carriers engaged in interstate commerce; and Set the limits at the most restrictive level that, through the application of the best available technology at a reasonable cost, is consistent with attaining the environmental noise standards adopted by the Department of the Environment.

A person may not drive on a highway in this State any motor vehicle or combination of vehicles of a type required to be registered under Title 13 of this article, in a manner that, at any time, at any speed, or under any condition of grade, load, acceleration, or deceleration, exceeds the maximum sound level limits established under § 22-601 of this subtitle for the operation of that type of motor vehicle or combination of vehicles. An owner or lessee of a motor vehicle may not permit to be driven on a highway in this State any motor vehicle or combination of vehicles of a type required to be registered under Title 13 of this article, in a manner that, at any time, at any speed, or under any condition of grade, load, acceleration, or deceleration, exceeds the maximum sound level limits established under § 22-601 of this subtitle for the operation of that type of motor vehicle or combination of vehicles.

The Administrator and the Department of State Police jointly shall adopt regulations for the administration and enforcement of the sound level limits established under § 22-601 of this subtitle for the operation of vehicles. These regulations shall include the selection of measurement sites and measurement procedures to be based on accepted scientific and professional methods for the measurement of vehicular sound levels.

When an emergency vehicle is operating under the provisions of § 21-106 of this article, it is exempt from the sound level limits established under § 22-601 of this subtitle for the operation of vehicles.

With the endorsement of the Secretary of Transportation and the Secretary of the Environment and after a public hearing following 60 days’ notice, the Administrator shall adopt regulations that establish maximum sound level limits for each type of new motor vehicle. In establishing limits under this section, the Administrator shall set the most restrictive level that, through the application of the best available technology at a reasonable cost, is consistent with attaining the environmental noise standards adopted by the Department of the Environment.

A person may not sell, offer for sale, distribute, or lease in this State any motor vehicle manufactured after July 1, 1974, if the vehicle has a sound level potential that exceeds the maximum sound level limits established under § 22-605 of this subtitle for that type of new motor vehicle. The Administration may not register or issue a certificate of title for any motor vehicle manufactured after July 1, 1974, unless, when the vehicle is first sold for purposes other than resale, it complies with the noise level limits established under § 22-605 of this subtitle for new motor vehicles.

The Administrator shall adopt regulations for the administration and enforcement of the sound level limits established under § 22-605 of this subtitle for new motor vehicles. These regulations shall include the establishment of test procedures to be used to establish compliance with the limits adopted. The procedures shall be: Based on accepted scientific and professional standards for the measurement of sound; and In substantial conformity with test procedures contained in applicable standards and recommended practices for the measurement of vehicular sound levels established by the Society of Automotive Engineers, Inc. and the American National Standards Institute or their respective successor bodies.

The manufacturer, distributor, or designated agent of the manufacturer or distributor of each make and model of motor vehicle sold in this State shall file with the Administration a written certification that the particular make and model complies with the sound level limits established under § 22-605 of this subtitle for new motor vehicles. The certification shall be on the form that the Administration requires.

A person may not modify the exhaust system or any other noise abatement device of a motor vehicle driven or to be driven on any highway in this State in such a way that the noise emitted by the vehicle exceeds that emitted by the vehicle as originally manufactured. A person may not drive on any highway in this State a motor vehicle with an exhaust system or noise abatement device modified in a way prohibited by subsection (a) of this section.

A person may not sell or offer for sale in this State for use as part of the equipment of a motor vehicle any exhaust muffler, intake muffler, or other noise abatement device that, when installed, will permit the vehicle to be operated in such a way that the noise emitted by the vehicle exceeds that emitted by the vehicle as originally manufactured. The manufacturer of each exhaust muffler, intake muffler, or other noise abatement device sold in this State for use as part of the equipment of a motor vehicle shall file with the Administration a written certification that the particular device, when installed for its intended application, complies with the requirements of this section. The certification shall be on the form that the Administration requires.

In this section, “engine brake” means an add–on engine compression brake for diesel engines. A person may not operate a commercial motor vehicle equipped with an engine brake unless the engine brake is connected to a properly functioning exhaust muffler system in constant operation when the vehicle’s ignition is engaged. A person may not disable the exhaust muffler system of a commercial motor vehicle that is equipped with an engine brake except to make a bona fide repair or replacement. A person convicted of a violation of this section is subject to: For a first offense, a fine of not less than $250 and not exceeding $1,000; and For a second or subsequent offense, a fine of not less than $500 and not exceeding $1,000.

This section applies only in Montgomery County and Prince George’s County. In this section the following words have the meanings indicated. “Agency” means a county law enforcement agency that is authorized to issue a citation for a violation of the Maryland Vehicle Law or of local traffic laws or regulations. “Noise abatement monitoring system” means a mobile or fixed vehicle sensor that works in conjunction with a noise measuring device, such as a decibel reader, that automatically produces two or more photographs, two or more microphotographs, a videotape, or other recorded images of a motor vehicle at the time the motor vehicle is operated during the commission of a violation. “Noise abatement monitoring system operator” means a representative of an agency or a contractor that operates a noise abatement monitoring system. “Noise measuring device” means an electronic device that: Uses automated equipment that activates when the sound level exceeds the maximum sound level limits established under § 22–601 of this subtitle by at least 5 decibels; Records audio when activated; Records decibel levels when activated; and Allows a noise abatement monitoring system operator to manually review recorded audio to ensure a violation has occurred. “Owner” means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of 6 months or more. “Owner” does not include: A motor vehicle rental or leasing company; or A holder of a special registration plate issued under Title 13, Subtitle 9, Part III of this article. “Recorded image” means an image recorded by a noise abatement monitoring system: On: A photograph; A microphotograph; An electronic image; Videotape; or Any other medium; and Showing: The rear of a motor vehicle; The decibel level recorded for the motor vehicle at the time of recordation; and On at least one image or portion of tape, a clear and legible identification of the entire registration plate number of the motor vehicle. “Violation” means a violation of § 22–602 of this subtitle by at least 5 decibels. A county may use not more than three noise abatement monitoring systems under this section if the use is authorized by the county governing body by local law enacted after reasonable notice and a public hearing. A county may deploy a noise abatement monitoring system at multiple locations at different times. Before activating a noise abatement monitoring system, the county shall: Publish notice of the location of the noise abatement monitoring system on its website; and Ensure that each noise abatement monitoring system is proximate to a sign that: Indicates that noise abatement monitoring systems are in use in the area; and Is in accordance with the manual and the specifications for a uniform system of traffic control devices adopted by the State Highway Administration under § 25–104 of this article. A county that authorizes a program of noise abatement monitoring systems shall designate an official or employee to investigate and respond to questions or concerns about the county’s noise abatement monitoring system program. The local designee shall review a warning notice or citation generated by a noise abatement monitoring system if the person who received the warning notice or citation requests review before the deadline for contesting liability under this section. If the local designee determines that the warning notice or citation is an erroneous violation, the local designee shall void the warning notice or citation. If the local designee determines that a person did not receive notice of a warning notice or citation issued under this section due to an administrative error, the local designee may resend the warning notice or citation in accordance with subsection (e) of this section or void the warning notice or citation. A local designee that takes any action described under subsubsubparagraph C of this subsubparagraph shall notify the Administration of the action for the purpose of rescinding any administrative penalties imposed under subsection (h) of this section. A local designee may not determine that a warning notice or citation is an erroneous violation based solely on the dismissal of the warning notice or citation by a court. A local designee may waive a warning notice or citation if the person alleged to be liable under this section provides sufficient evidence that the person has made any alterations to the motor vehicle necessary to avoid future violations. A local designee may not be employed by a noise abatement monitoring system contractor or have been involved in any review of a noise abatement monitoring system warning notice or citation, other than review of a warning notice or citation under this subparagraph. On receipt of a written question or concern from a person, the local designee shall provide a written answer or response to the person within a reasonable time. A local jurisdiction shall make any written questions or concerns received under this subparagraph and any subsequent written answers or responses available for public inspection. If a county moves or places a noise abatement monitoring system to or at a location where a noise abatement monitoring system had not previously been moved or placed, the county may not issue a citation for a violation recorded by that noise abatement monitoring system: Until signage is installed in accordance with subparagraph (iii)2 of this paragraph; and For at least the first 15 calendar days after the signage is installed. A noise abatement monitoring system operator shall complete training by the manufacturer of the noise abatement monitoring system in the procedures for setting up and operating the noise abatement monitoring system. The manufacturer shall issue a signed certificate to the noise abatement monitoring system operator on completion of the training. The certificate of training shall be admitted as evidence in any court proceeding for a violation. A noise abatement monitoring system operator shall fill out and sign a daily set–up log for a noise abatement monitoring system that: States that the noise abatement monitoring system operator successfully performed or reviewed and evaluated the manufacturer–specified daily self–test of the noise abatement monitoring system before producing a recorded image; States the date and time when, and the location where, the noise abatement monitoring system was set up each day; Shall be kept on file; and Shall be admitted as evidence in any court proceeding for a violation. A noise abatement monitoring system shall undergo an annual calibration check performed by an independent calibration laboratory that is: Selected by the county; and Unaffiliated with the manufacturer of the noise abatement monitoring system. The independent calibration laboratory shall issue a signed certificate of calibration after the annual calibration check that shall be: Kept on file; and Admitted as evidence in any court proceeding for a violation. A county that establishes a noise abatement monitoring system program shall bear the cost of implementing the program. Unless the driver of the motor vehicle received a citation from a police officer at the time of the violation, the owner of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a noise abatement monitoring system while being operated during the commission of a violation. A person liable for a violation enforced by a noise abatement monitoring system is subject to: For a first offense, a warning notice; and For a second or subsequent offense, a civil penalty not exceeding $75. A county may not issue a citation applicable to a motor vehicle during the first 30 days after a warning for a first offense applicable to the motor vehicle is mailed under subparagraph (i)1 of this paragraph. For purposes of this section, the District Court shall prescribe: A uniform citation form consistent with subsection (e)(1) of this section and § 7–302 of the Courts Article; and A civil penalty, which shall be indicated on the citation, to be paid by persons who choose to prepay the civil penalty without appearing in District Court. A person may not be issued more than one citation by a county per day for a violation enforced by a noise abatement monitoring system. Subject to paragraphs (2) through (4) of this subsection, an agency shall mail to an owner liable under subsection (d) of this section a warning notice or citation that shall include: The name and address of the registered owner of the motor vehicle; The registration number of the motor vehicle involved in the violation; The violation charged; The location where the violation occurred; The location of the noise abatement monitoring system; The date and time of the violation; The recorded decibel level; A copy of the recorded image; The amount of the civil penalty imposed and the date by which the civil penalty should be paid, if applicable; A signed statement by a duly authorized law enforcement officer employed by or under contract with an agency that, based on inspection of recorded images, the motor vehicle was being operated during the commission of a violation; A statement that recorded images are evidence of a violation; Information advising the person alleged to be liable under this section to make any necessary alterations to the motor vehicle to avoid future violations; Information advising the person alleged to be liable under this section of the manner and time in which liability as alleged in the citation may be contested in the District Court; and Information advising the person alleged to be liable under this section that failure to pay the civil penalty or to contest liability in a timely manner, if applicable: Is an admission of liability; May result in the refusal by the Administration to register the motor vehicle; and May result in the suspension of the motor vehicle registration. An agency may mail a warning notice instead of a citation to the owner liable under subsection (d) of this section. An agency may not mail a citation to a person who is not an owner. Except as provided in subsection (c)(1)(iv)2C of this section, a citation issued under this section shall be mailed not later than 2 weeks after the alleged violation if the vehicle is registered in this State, and 30 days after the alleged violation if the vehicle is registered in another state. A person who receives a citation under paragraph (1) of this subsection may: Pay the civil penalty, in accordance with instructions on the citation, directly to the county; or Elect to stand trial in the District Court for the alleged violation. A certificate alleging that the violation occurred and the requirements under subsection (c) of this section have been satisfied, sworn to, or affirmed by a duly authorized law enforcement officer employed by or under contract with an agency, based on inspection of recorded images produced by a noise abatement monitoring system, shall be evidence of the facts contained in the certificate and shall be admissible in a proceeding alleging a violation without the presence or testimony of the noise abatement monitoring system operator who performed the requirements under subsection (c) of this section. If a person who received a citation under subsection (e) of this section desires the noise abatement monitoring system operator to be present and testify at trial, the person shall notify the court and the agency in writing not later than 20 days before trial. Adjudication of liability shall be based on a preponderance of evidence. The District Court may consider in defense of a violation: Subject to paragraph (2) of this subsection, that the motor vehicle or the registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation; That the noise abatement monitoring system was malfunctioning at the time of the violation; or Any other issues and evidence that the District Court deems pertinent. To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner shall submit proof that a police report regarding the stolen motor vehicle or registration plates was filed in a timely manner. If a person liable under this section does not pay the civil penalty or contest the violation, the Administration may refuse to register or reregister the motor vehicle cited for the violation. A violation for which a civil penalty is imposed under this section: Is not a moving violation for the purpose of assessing points under § 16–402 of this article; May not be recorded by the Administration on the driving record of the owner of the vehicle; May be treated as a parking violation for the purposes of § 26–305 of this article; and May not be considered in the provision of motor vehicle insurance coverage. In consultation with the appropriate county agencies, the Chief Judge of the District Court shall adopt procedures for the issuance of citations, the trial of civil violations, and the collection of civil penalties under this section. The standards and requirements for the use, processing, and disposal of recorded images and associated data established under § 12–113.1 of this article apply to citations issued under this section. An agency or an agent or contractor designated by the agency shall administer and process civil citations issued under this section in coordination with the District Court. If a contractor in any manner operates a noise abatement monitoring system or administers or processes warning notices or citations generated by a noise abatement monitoring system on behalf of a county, the contractor’s fee may not be contingent on a per–ticket basis on the number of warning notices or citations issued or paid.