# Transportation (GTR)

## Title 23. Vehicle Laws -- Inspection of Used Vehicles and Warnings for Defective Equipment

### Subtitle 1. Definitions; General Provisions

#### Section 23-101

(a) In this subtitle the following words have the meanings indicated.

(b) "Division" means the Automotive Safety Enforcement Division of the Department of State Police.

(c) "Equipment" includes all mechanisms that form part of or relate to vehicle equipment.

(d) "Facility" means a licensed dealer or a vehicle garage, repair shop, or gasoline service station.

(e) "Inspection certificate" means a certification by an inspection station, in a format established by the Division, that:

  (1) Certifies that, as of its date, a specified vehicle meets or exceeds the standards for equipment established under this title; and

  (2) Identifies the inspection station and the licensed individual who personally inspected the vehicle.

(f) "Inspection station" means a facility that is licensed by the Division under this subtitle.

(g) "Police officer" means:

  (1) Any uniformed police officer;

  (2) Any person listed under Sec. 2-101(c) of the Criminal Procedure Article; or

  (3) Any civilian employee of the Department of State Police or the Maryland Transportation Authority Police assigned to enforce this subtitle or any regulation adopted under this subtitle, but only while acting under written authorization of the Secretary of State Police.

(h) "Repair order certification" means a written certification by an inspection station or police department that:

  (1) Certifies that, as of its date, the equipment specified in a safety equipment repair order meets or exceeds the standards established under this subtitle; and

  (2) Is signed and dated:

    (i) On behalf of the inspection station by the licensed individual who personally inspected the vehicle; or

    (ii) On behalf of the police department by the authorized police officer who personally inspected the vehicle.

(i)

  (1) "Vehicle" means, except as otherwise provided in this subsection, any vehicle registered or to be registered in this State as:

    (i) A Class A (passenger) vehicle;

    (ii) A Class M (multipurpose) vehicle;

    (iii) A Class J (vanpool) vehicle;

    (iv) A Class E (truck) vehicle;

    (v) A Class F (tractor) vehicle;

    (vi) A Class G (trailer) vehicle;

    (vii) A Class B (for-hire) vehicle;

    (viii) A Class D (motorcycle) vehicle; or

    (ix) A Class L (historic) vehicle with a model year of 1986 or later.

  (2) For purposes of safety equipment repair orders only, "vehicle" means, except as provided in paragraph (3) of this subsection, any motor vehicle, trailer, or semitrailer.

  (3) "Vehicle" does not include any Class L (historic) vehicle with a model year of 1985 or earlier, or any trailer which is a mobile home as defined by Sec. 11-134 of this article.

#### Section 23-102

(a) There is an Automotive Safety Enforcement Division in the Department of State Police.

(b) The Division shall have those employees that the Secretary of State Police assigns and as provided in the State budget.

(c)

  (1) The Division shall enforce this subtitle in each of the counties of this State and Baltimore City.

  (2) Civilian employees of the Division designated by the Secretary of State Police shall have the authority to enforce this subtitle and any regulation adopted under it when acting under written authorization of the Secretary.

#### Section 23-103

(a)

  (1) On receipt of an application and a nonrefundable fee established by the Administration from a facility for an inspection station license, the Division shall:

    (i) Inspect the facility as to its ability to inspect and correct equipment; and

    (ii) If the facility is qualified, issue to it a license as an inspection station.

  (2) On receipt of a renewal application and the annual license fee established by the Administration for an inspection station, the Division shall issue the renewal license if the facility is qualified.

(b) The license authorizes the facility to:

  (1) Inspect a used vehicle on request of its transferor or transferee;

  (2) Inspect the equipment of a vehicle for which a safety equipment repair order has been issued and issue a repair order certification for the vehicle; and

  (3) Inspect an ambulance on the request of its owner that is required to be inspected under Sec. 13-515 of the Education Article.

(c) The Division may:

  (1) For cause, suspend or revoke an inspection station license; and

  (2) On suspension or revocation of the license, require the surrender of the license and all related material issued by the Division.

(d) The Division may establish standards by rule or regulation for the licensing and operation of inspection stations.

(e) The Administration may not set a fee under this section that exceeds the administrative cost of the Division under this program.

#### Section 23-103.1

(a) An applicant for an inspection mechanic license shall submit to the Division:

  (1) An application in the manner and format designated by the Division; and

  (2) A nonrefundable application fee of $15 to take the examination.

(b)

  (1)

    (i) The Division shall:

      (1) Administer an examination to each inspection mechanic applicant; and

      (2) If the Division determines the applicant is qualified, license the inspection mechanic applicant to conduct vehicle inspections.

    (ii) The examination shall include a written test and a practical test.

  (2) The Division may not require an individual authorized to conduct vehicle inspections in the State under Sec.Sec. 10-14A-03 and 10-14B-03 of the State Government Article to conduct an examination.

(c) The Division may establish standards by regulation for the testing, qualifying, and licensing of inspection station mechanics.

(d) The Division may:

  (1) For cause, require a reexamination of a licensed inspection mechanic for qualification to continue or resume conducting vehicle inspections;

  (2) For cause, suspend or revoke the mechanic's license; or

  (3) On suspension or revocation of the mechanic's license, rescind the authorization to conduct vehicle inspections in accordance with this title.

#### Section 23-104

The Administration and the Division jointly shall adopt, consistent with federal law, regulations establishing equipment, performance, and other technical standards for:

(1) Motor vehicles;

(2) Autocycles; and

(3) Low speed vehicles.

#### Section 23-105

(a)

  (1) If a police officer observes that a vehicle registered in this State is being operated with any equipment that apparently does not meet the standards established under this subtitle or the standards established under Sec. 24-106.1(e) of this article, the officer shall stop the driver of the vehicle and issue to him a safety equipment repair order.

  (2) A police officer may issue a safety equipment repair order for a cover required under Sec. 24-106.1(e) of this article only if:

    (i) The vehicle is equipped with a cover; and

    (ii) The cover, or any equipment necessary to properly secure the cover, does not meet the standards established under Sec. 24-106.1(e) of this article.

(b) The safety equipment repair order shall direct the owner of the vehicle:

  (1) To have the equipment corrected as necessary at a place of the owner's choosing within 10 days from the issuance of the order; and

  (2) To send to the Division a repair order certification dated subsequent to the issuance of the order.

(c)

  (1) If a safety equipment repair order is for equipment that can be certified as corrected or adequate by visual inspection and without the use of testing equipment, any police department that issues safety equipment repair orders and repair order certifications shall, on request of the owner:

    (i) Visually inspect the vehicle; and

    (ii) If the equipment meets or exceeds the standards established under this subtitle, issue a repair order certification.

  (2) The Division shall determine the equipment that may be inspected visually under this subsection and shall adopt rules and regulations to carry out its provisions.

(d) The Division shall prepare and provide safety equipment repair order forms and repair order certification forms.

(e)

  (1) In cooperation with the Administration, the Division shall adopt rules and regulations to carry out the provisions of this section.

  (2) The rules or regulations shall provide for:

    (i) Suspending the registration of any vehicle for which a safety equipment repair order has been issued, on failure to comply with the order within 30 days after its issuance; and

    (ii) Reinstating the suspended registration, on receipt of satisfactory evidence that the equipment has been corrected or that the equipment meets or exceeds the standards established under this subtitle.

(f) This section does not limit or supersede any other provision of law concerning vehicle equipment or the means of enforcing the laws relating to that equipment.

#### Section 23-106

(a) This section does not apply to:

  (1) Any transfer of a used vehicle to any licensed dealer or to any foreign dealer;

  (2) Any transfer between:

    (i) Spouses;

    (ii) A parent and child; or

    (iii) Co-owners of the vehicle to be transferred when a co-owner's name is being removed from the title;

  (3) Any transfer of a used vehicle that is not to be both titled and registered in this State;

  (4) Any transfer of a used vehicle among any agencies of the State;

  (5) Any transfer of a used vehicle as described in Sec. 13-503.2 of this article;

  (6) Any transfer of a used vehicle into a written inter vivos trust in which the transferor is the primary beneficiary;

  (7) Any transfer of a used island vehicle, as defined in Sec. 13-935 of this article, registered, or to be registered, as a Class K (farm area/island) vehicle;

  (8) Any transfer of an off-highway recreational vehicle;

  (9) Any transfer of a leased vehicle to the lessee at the end of the lease term; or

  (10) Any transfer of a used vehicle from a business entity to the majority owner of the business entity if:

    (i) The vehicle is primarily driven by the majority owner of the business entity; and

    (ii) The business entity has been dissolved or is in the process of dissolution.

(b)

  (1) Except as provided in paragraphs (4) and (5) of this subsection, if any licensed dealer that also is an inspection station transfers any used vehicle, it shall:

    (i) Prepare an inspection certificate; or

    (ii) Have an inspection certificate prepared by another inspection station.

  (2) Except as provided in paragraphs (4) and (5) of this subsection, if any other person transfers a used vehicle, the person shall obtain an inspection certificate from an inspection station.

  (3) If a used vehicle is transferred other than by voluntary transfer or is transferred by a political subdivision of the State after that subdivision obtains the vehicle by proceedings pursuant to Title 12 of the Criminal Procedure Article, the transferee shall obtain the inspection certificate from an authorized inspection station.

  (4) In the case of a transfer of any used vehicle registered, or to be registered, as a Class E (truck) exceeding three-fourths ton manufacturer's rated capacity, Class F (tractor), Class G (freight trailer or semitrailer), or Class G (dump service semitrailer) vehicle, the transferor or the transferee of the vehicle may obtain the required inspection certificate.

  (5) In the case of a transfer of any used vehicle registered or to be registered, that is sold for dismantling or rebuilding purposes, the transferor or the transferee of the vehicle may obtain the required inspection certificate.

#### Section 23-107

(a)

  (1) Before the Administration titles and registers any used vehicle, except a Class L (historic) vehicle, it shall require a valid inspection certificate for the vehicle.

  (2) For the purposes of this subsection, an inspection certificate shall remain valid from the date the inspection certificate is issued for a period of:

    (i) 90 days; or

    (ii) In the case of an inspection certificate issued for a used vehicle owned and held in inventory by a dealer licensed under Title 15 of this article, the earlier of:

      (1) 6 months; or

      (2) When 1,000 miles have been added to the vehicle's odometer since the inspection certificate was issued.

  (3) This subsection does not apply to any vehicle transferred within 30 days after the date of an inspection certificate issued for the vehicle and filed by the Administration in its title records.

(b)

  (1) If a person applies for titling and registration of a vehicle, the Administration may:

    (i) Withhold delivery of a certificate of title pending receipt of an inspection certificate; and

    (ii) Issue a temporary registration.

  (2) A vehicle for which a temporary registration has been issued under this subsection shall be inspected within 60 days of the issuance of the temporary registration.

(c)

  (1) When an existing school vehicle (Class H) is changed to any other registration class, the vehicle shall be inspected at a licensed State inspection station.

  (2) The inspection certificate shall be submitted at the time the vehicle is being registered in the new class.

(d) All buses other than those that are required to be inspected annually by the Public Service Commission or by the Administration shall be inspected annually at a licensed State inspection station.

#### Section 23-108

The Division shall prepare inspection certificate forms and provide them without charge to inspection stations. The forms shall be serially numbered and shall require the information that the Administration and the Division determine.

#### Section 23-108.1

For vehicle titling and registration purposes, the Division:

(1) Shall establish the manner and format for the submission of an inspection certificate for the transfer of a used motor vehicle; and

(2) May require electronic submission of the inspection certificate.

#### Section 23-109

(a) An inspection station or any of its employees may not issue an inspection certificate for a vehicle without having inspected its equipment.

(b) An inspection station or any of its employees may not issue a repair order certification for any specified equipment without having inspected that equipment.

(c) An inspection station or any of its employees may not willfully issue an inspection certificate for a vehicle the equipment of which does not meet or exceed the standards established under this subtitle.

(d) An inspection station or any of its employees may not willfully issue a repair order certification for any specified equipment if that equipment does not meet or exceed the standards established under this subtitle.

(e) In this section, "fictitious" includes an imitation, counterfeit, or altered certificate or certification.

(f) A person may not make, issue, or knowingly use any fictitious inspection certificate or repair order certification.

(g) A person may not issue or cause or permit to be issued a repair order certification knowing it to be fictitious or issued without the equipment having been inspected for compliance with this subtitle.

(h) On suspension or revocation of its license, an inspection station shall surrender to the Division, at its request, the license and all related material issued by the Division.

(i) A person may not materially alter or change any equipment of a vehicle for which an inspection certificate or a repair order certification has been issued under this subtitle.

(j) A person may not willfully violate any rule or regulation adopted under this subtitle relating to inspection procedures and inspection station requirements.

(k) 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 for each vehicle for which there is a violation.

### Subtitle 2. Motor Vehicle Emissions Inspection

#### Section 23-201

(a) In this subtitle the following words have the meanings indicated.

(b) "Emissions control program" means the program requiring and implementing the exhaust emissions test and the emissions equipment and misfueling inspection.

(c) "Emissions equipment" means any emissions control device that has been installed on a motor vehicle by a manufacturer of motor vehicles.

(d) "Emissions equipment and misfueling inspection" means an inspection to verify the presence of required emissions equipment and an inspection to determine that the vehicle has not been misfueled.

(e)

  (1) "Emissions related repair" means the inspection, adjustment, repair, or replacement of motor vehicle engine systems, subsystems, or components as necessary to bring a motor vehicle into compliance with emissions standards adopted in accordance with the provisions of this subtitle.

  (2) "Emissions related repair" does not include adjustment, repair, or replacement necessitated by tampering or misfueling.

(f)

  (1) "Emissions standard" means a requirement that limits the quantity, quality, rate, or concentration of emissions from a motor vehicle.

  (2) "Emissions standard" includes a requirement that relates to the operation or maintenance of a motor vehicle to assure continuous emissions reduction.

(g) "Exhaust emissions test" means the sampling and measurement of certain components of motor vehicle exhaust to determine whether the motor vehicle is in compliance with an emissions standard.

(h) "Misfueling" means the introduction of leaded fuel into a motor vehicle designed by the motor vehicle manufacturer to use unleaded fuel.

(i) "Secretary" means the Secretary of the Environment.

#### Section 23-202

(a)

  (1) Subject to subsection (d) of this section, the Administration and the Secretary shall establish an emissions control program in the State in accordance with the federal Clean Air Act.

  (2) The program shall remain in effect only as long as required by federal law.

(b)

  (1) Subject to paragraph (3) of this subsection, the emissions control program shall provide for a biennial exhaust emissions test and emissions equipment and misfueling inspection for all vehicles of the 1977 model year and each model year thereafter.

  (2) The emissions control program may not authorize an exhaust emissions test or emissions equipment and misfueling inspection for any vehicle of a model year earlier than the 1977 model year.

  (3)

    (i) In this paragraph, "qualified hybrid vehicle" means an automobile that:

      (1) Meets all applicable regulatory requirements;

      (2) Meets the current vehicle exhaust standard set under the federal Tier 2 program for gasoline-powered passenger cars under 40 C.F.R. Part 80 et seq.; and

      (3) Can draw propulsion energy from both of the following sources of stored energy:

      (A) Gasoline or diesel fuel; and

      (B) A rechargeable energy storage system.

    (ii) A qualified hybrid vehicle is not required to submit to a first exhaust emissions test and emissions equipment and misfueling inspection until 3 years after the date on which the vehicle was first registered in the State.

(c) By rules and regulations, the Administration and the Secretary:

  (1) Shall grant a waiver to a vehicle owner if:

    (i) The vehicle fails to pass the exhaust emissions test;

    (ii) The vehicle owner exhibits evidence acceptable to the Administration that the owner, for an initial exhaust emissions test occurring:

      (1) In calendar years 1998 through 1999 has actually incurred an expenditure of $150 towards emissions related repairs to the vehicle within 60 days after the initial exhaust emissions test;

      (2) In calendar years 2000 through 2001 has actually incurred an expenditure towards emissions related repairs to the vehicle within 120 days after the initial exhaust emissions test in an amount of:

      (A) $200 for vehicles of model years 1990 and older;

      (B) $300 for vehicles of model years 1991 through 1997; or

      (C) $450 for vehicles of model years 1998 and newer; and

      (3) On or after January 1, 2002, has actually incurred an expenditure of $450 towards emissions related repairs to the vehicle within 120 days after the exhaust emissions test;

    (iii) The vehicle fails a retest, except that if the vehicle owner has exhibited evidence acceptable to the Administration that the vehicle owner actually incurred the minimum expenditure as required under item (ii) of this item for the emissions related repair to the vehicle within 30 days before the initial exhaust emissions test or the period allowed under federal law, whichever is longer, a retest is not required; and

    (iv) The vehicle owner exhibits evidence that the emissions related repairs qualifying for a waiver under items (ii) and (iii) of this item were performed by a repair technician and at a repair facility both certified under item (4) of this subsection;

  (2) Notwithstanding the provisions of this section, may not grant a waiver if it is found in the testing process that factory-installed emissions equipment has been tampered with or removed, or that the vehicle has been misfueled;

  (3) Unless otherwise prohibited by federal law, may grant additional waivers to extend the time for compliance in cases of financial hardship or for unusual circumstances;

  (4) Shall establish criteria to certify repair technicians and facilities for the purpose of bringing vehicles into compliance with the applicable emissions standards, including the payment of reasonable fees to cover the costs of administering and overseeing the certification program;

  (5) May provide for the suspension, revocation, or denial of renewal of the certification of a repair technician or facility upon evidence that vehicles repaired by that technician or facility for the purpose of bringing them into compliance with the applicable emissions standards have repeatedly failed tests or retests and the Administration and the Secretary have clear and convincing evidence the repair technician or facility is not meeting satisfactory performance standards;

  (6) Shall define the inspection parameters for the emissions equipment and misfueling inspection;

  (7) Shall adopt a schedule for the exhaust emissions test;

  (8) Shall adopt a schedule for the emissions equipment and misfueling inspections; and

  (9) Shall establish, under Title 2 of the Environment Article, emissions standards to be used for the exhaust emissions tests and emissions equipment and misfueling inspections of motor vehicles under this subtitle.

(d)

  (1) Notwithstanding subsection (c)(6) of this section or any other provision of law, during the period from January 1, 1995 through May 31, 1997, the emissions control program established under this subtitle may not require for any vehicle other than a State-owned vehicle or, to the extent authorized by federal law, a federally owned vehicle:

    (i) Transient mass-emission testing using the IM 240 driving cycle referenced under 40 C.F.R. Part 51;

    (ii) An evaporative system integrity (pressure) test or an evaporative system transient purge test that requires the disconnection or manipulation of any engine component, including any hose or emissions equipment, that is located in the vehicle's engine compartment;

    (iii) Removal of the driver from a vehicle being tested or inspected; or

    (iv) On-road testing.

  (2)

    (i) The Administration, in consultation with the Secretary, shall develop and offer to owners of vehicles subject to the emissions control program an incentive program designed to encourage voluntary submission to the test described in paragraph (1)(i) of this subsection.

    (ii) Notwithstanding the provisions of Sec. 23-205(a)(2) of this subtitle and subsection (c)(1) of this section, the incentives offered under this paragraph may include reduced test fees, flexible test schedules, the waiver of late fees, the reduction of expenditures incurred for emissions related repairs necessary to obtain a waiver, and any other cost-effective incentive that is consistent with State and federal law and is reasonably expected by the Administration to increase the number of vehicles that undergo the test described in paragraph (1)(i) of this subsection.

    (iii)

      (1) The Administration shall notify vehicle owners of the opportunity to voluntarily submit a vehicle to the testing described in subparagraph (i) of this paragraph.

      (2) The notice required under this subparagraph shall be:

      (A) Prominently displayed at all emissions inspection facilities; and

      (B) Included by the Administration in test notices and other mailings related to the emissions control program that are directed to vehicle owners.

#### Section 23-203

(a)

  (1) By rules and regulations, the Administration and the Secretary shall provide for the establishment of facilities to conduct any tests or inspections required to be performed under this subtitle.

  (2) If the Administration and the Secretary determine that the system can be installed and operated more effectively and economically by an independent contractor than if installed and operated by the Administration and the Secretary, the Administration and the Secretary may award the installation and operation of the inspection facilities to an independent contractor selected in accordance with the bidding procedures established by the laws of this State.

  (3)

    (i) If, on or after July 1, 1991, the Administration and Secretary are required by federal law to extend the emissions control program to additional areas of the State and the Administration and Secretary determine that the inspection facilities can be installed and operated more effectively and economically by one or more independent contractors than if installed and operated by the Administration and Secretary, the Administration and Secretary may:

      (1) Award the installation and operation of the inspection facilities to one independent contractor for the installation and operation of all inspection facilities in this State; or

      (2) Create separate regions of the areas of the State required to participate in an emissions control program for the purpose of separately awarding contracts for the installation and operation of the inspection facilities required for each region to one or more independent contractors.

    (ii) All independent contractors shall be selected in accordance with the procedures established under the State Finance and Procurement Article.

    (iii) The Administration and the Secretary may establish a statewide centralized or decentralized program or any combination of centralized and decentralized programs in separate regions of the State.

(b) If the program is awarded to an independent contractor to operate centralized inspection facilities, the facilities shall be provided, equipped, and maintained by the independent contractor, and the operating personnel of the facilities shall be employees of the contractor, and not of the State, and the contractor may not perform emissions related repairs as defined in Sec. 23-201 of this subtitle.

(c) The Administration and the Secretary shall determine, on or before March 1, 1998, whether the following criteria for establishing a decentralized retesting program have been satisfied:

  (1) Testing equipment and procedures, yielding results that correlate to tests and inspections performed at centralized inspection facilities in the State within 95% accuracy or within a different degree of accuracy approved by the Administration and the Secretary, are feasible for use in certified repair facilities approved for retesting of vehicles; and

  (2) The establishment of a decentralized retesting option in the State does not result in a loss of emissions reduction benefits to the State under the federal Clean Air Act.

(d) If the Administration and the Secretary determine that the criteria listed in subsection (c) of this section have not been met in a given year, they shall determine, on or before March 1 of the succeeding year, whether the criteria have been satisfied in the intervening period.

(e) Notwithstanding subsections (a) and (b) of this section, if the program is awarded to an independent contractor to operate centralized inspection facilities and if the Administration and the Secretary have determined that the criteria listed in subsection (c) of this section have been satisfied, the Administration and the Secretary shall propose regulations to:

  (1) Allow the owner of a vehicle that fails an exhaust emissions test or emissions equipment and misfueling inspection at a centralized inspection facility to have the vehicle retested at either a centralized inspection facility or an approved certified repair facility;

  (2) Allow a certified repair facility to retest vehicles if approved for that purpose by the Department of the Environment;

  (3) Require the initial exhaust emissions test and emissions equipment and misfueling inspection in each biennial test cycle to be performed at a centralized inspection facility;

  (4) Establish criteria for testing equipment, procedures, and reporting of retests for approved certified repair facilities;

  (5) Provide for the suspension, revocation, or denial of renewal of approval for a certified repair facility to perform retests if the Secretary, or the Secretary's designee, determines that the facility has performed fraudulent retests or is not in compliance with the regulations adopted under this subsection; and

  (6) Establish a reasonable fee for approval of a certified repair facility to perform retests, covering the costs of the approvals and oversight of the decentralized retesting program.

#### Section 23-204

The facilities established or approved under Sec. 23-203 of this subtitle shall conduct the exhaust emissions tests and emissions equipment and misfueling inspections of motor vehicles to determine whether each vehicle complies with emissions standards established under this subtitle for that vehicle.

#### Section 23-205

(a)

  (1) Subject to paragraph (2) of this subsection, the Administration and the Secretary shall set the fee to be charged for each vehicle to be inspected and tested by a facility.

  (2) The fee established under this subsection:

    (i) During the period from May 31, 1997, through June 30, 2025, may not exceed $14;

    (ii) During the period from July 1, 2025, through June 30, 2026, may not exceed $30; and

    (iii) Except as provided in paragraph (4)(iii) of this subsection, during the period after July 1, 2026, shall equal at least the amount in the immediately preceding fiscal year adjusted for inflation in accordance with paragraph (3) of this subsection.

  (3) During the period after June 30, 2026, the fee established under this subsection shall equal at least the amount in the immediately preceding fiscal year adjusted for inflation in accordance with paragraph (4) of this subsection.

  (4)

    (i) The inflation adjustment shall equal the product of multiplying the amount of funding in the immediately preceding fiscal year by the percentage increase in the Consumer Price Index for All Urban Consumers.

    (ii) The percentage increase in the Consumer Price Index for All Urban Consumers shall be determined by comparing the average of the index for the 12 months ending April 30 immediately preceding the fiscal year for which the funding amount is being calculated to the average index for the prior 12 months.

    (iii) If there is a decline or no growth in the Consumer Price Index for All Urban Consumers, the fee amount under this paragraph shall remain unchanged.

(b) The fee shall be collected in a manner established by the Administration and the Secretary.

(c) A specific portion of the fee shall be paid to or retained by the Administration to cover the cost of administration and enforcement of the emissions control program, as provided in the contract between the contractor and the State.

#### Section 23-206

(a) An owner of a motor vehicle that is registered in this State shall have the vehicle inspected and tested as required under this subtitle.

(b) A motor vehicle registered in this State, unless exempted or given a waiver under this subtitle, shall meet the standards and requirements of this subtitle.

(c) Notwithstanding any rule or regulation to the contrary, the owner of any gasoline powered motor vehicle registered under Sec. 13-916 of this article, with a maximum gross weight up to and including 26,000 pounds, shall have the vehicle inspected and tested as required under this subtitle.

#### Section 23-206.1

Notwithstanding any rule or regulation to the contrary and unless otherwise prohibited by federal law, any fire or rescue apparatus or ambulance owned or leased by a political subdivision of the State, or by a volunteer fire company, rescue squad, or volunteer ambulance company, that is registered as an emergency vehicle as defined in Sec. 11-118 of this article, is exempt from mandatory inspections under this subtitle.

#### Section 23-206.2

(a)

  (1) A motor vehicle for which special registration plates have been issued under Sec. 13-616 of this article is exempt from the mandatory inspections required by this subtitle if:

    (i) All of the owners of the motor vehicle meet the disability requirements of Sec. 13-616(b)(1) of this article;

    (ii) The motor vehicle is driven 5,000 miles or less annually; and

    (iii) The exemption is not otherwise prohibited by federal law.

  (2) In order to qualify for an exemption under paragraph (1) of this subsection, all owners of the motor vehicle shall certify the following:

    (i) That the owner of the motor vehicle meets the disability requirements of Sec. 13-616(b)(1) of this article;

    (ii) That the motor vehicle has been issued a special disabled person's registration number and special registration plates under Sec. 13-616 of this article;

    (iii) That the motor vehicle is driven 5,000 miles or less annually; and

    (iv) The motor vehicle's odometer reading at the time of the certification.

  (3) The certification required in paragraph (2) of this subsection shall be made on a form provided by the Administration.

(b)

  (1) A motor vehicle owned by an individual who is at least 70 years of age at the time of a scheduled mandatory inspection under this subtitle is exempt from the mandatory inspections required by this subtitle if:

    (i) All of the owners of the motor vehicle are at least 70 years of age at the time of the scheduled mandatory inspection under this subtitle;

    (ii) The motor vehicle is being driven 5,000 miles or less annually; and

    (iii) The exemption is not otherwise prohibited by federal law.

  (2) In order to qualify for an exemption under paragraph (1) of this subsection, all owners of the motor vehicle shall certify the following:

    (i) That all of the owners of the motor vehicle are at least 70 years of age at the time of a scheduled mandatory inspection under this subtitle;

    (ii) That the motor vehicle is being driven 5,000 miles or less annually; and

    (iii) The motor vehicle's odometer reading at the time of the certification.

  (3) The certification required in paragraph (2) of this subsection shall be made on a form provided by the Administration.

(c)

  (1) A motor vehicle owned by at least one active duty member of the uniformed services at the time of a scheduled mandatory inspection under this subtitle is exempt from the mandatory inspections required by this subtitle if:

    (i) An owner of the motor vehicle who is a member of the uniformed services has received official orders:

      (1) For deployment outside the United States; or

      (2) To a duty station in a jurisdiction that is not subject to a vehicle emissions control inspection and maintenance program; and

    (ii) The exemption is not otherwise prohibited by federal law.

  (2) In order to qualify for an exemption under paragraph (1) of this subsection, all owners of the motor vehicle shall certify that at least one owner of the motor vehicle has received official orders for deployment outside the United States or to a duty station in a jurisdiction that is not subject to a vehicle emissions control inspection and maintenance program.

  (3) The certification required in paragraph (2) of this subsection shall be made on a form provided by the Administration.

(d) The Administrator may adopt regulations as necessary to administer or enforce the provisions of this section.

#### Section 23-206.4

(a) In this section, "zero-emission vehicle" means any vehicle that:

  (1) Is determined by the Secretary to be of a type that does not produce any tailpipe or evaporative emissions; and

  (2) Has not been altered from the manufacturer's original specifications.

(b) A zero-emission vehicle is exempt from the mandatory tests and inspections required by this subtitle.

(c) The Administration and the Secretary shall adopt regulations necessary to:

  (1) Provide for the determination of which vehicles are zero-emission vehicles; and

  (2) Implement the provisions of this section.

#### Section 23-207

The Administration and the Secretary may jointly adopt rules and regulations as required for purposes of implementation, administration, regulation, and enforcement of the provisions of this subtitle, including rules and regulations that, consistent with federal law, exempt certain vehicles from the inspections and tests under this subtitle.

#### Section 23-209

A person may not commit any fraud or make any misrepresentation in applying for or preparing documentation relating to this subtitle.

### Subtitle 3. Preventive Maintenance Program

#### Section 23-301

(a) In this subtitle the following words have the meanings indicated.

(b) "Equipment" includes all mechanisms that form part of or relate to vehicle equipment.

(c) "Hazardous materials inspector" means a person who is assigned by the Department of the Environment and certified by the Department of State Police to perform an inspection authorized under this subtitle.

(d) "Preventive maintenance technician" means a person who can provide evidence of a demonstrated understanding of the preventive maintenance inspection criteria provided in regulations adopted under this subtitle through:

  (1) A minimum of 1 year experience in performing work to bring commercial motor vehicles into compliance with the requirements of the preventive maintenance program; or

  (2) Participation in, and successful completion of, a commercial motor vehicle training program that is:

    (i) Sponsored by a commercial motor vehicle manufacturer; or

    (ii) Designed to train students in commercial motor vehicle operation and maintenance.

(e) "Public Service Commission inspector" means a person who is assigned by the Public Service Commission and certified by the Department of State Police to perform an inspection authorized under this subtitle.

(f) "State Police officer" means:

  (1) Any uniformed law enforcement officer of the Department of State Police; or

  (2) Any civilian employee of the Department of State Police assigned to enforce any rule or regulation adopted under this subtitle, but only while acting under written authorization of the Secretary of State Police.

(g)

  (1) "Vehicle" means, except as provided in paragraph (2) of this subsection, any vehicle registered in this State as:

    (i) A Class E (truck) vehicle with a registered, operating, or rated gross vehicle weight of over 10,000 pounds;

    (ii) A Class F (tractor) vehicle;

    (iii) A Class G (trailer or semitrailer) vehicle with a registered, operating, or rated gross vehicle weight over 10,000 pounds;

    (iv) A Class P (passenger bus) vehicle; or

    (v) A Class M (multipurpose) vehicle that:

      (1) Is used primarily to transport passengers; and

      (2)

        (A) Is designed to transport 16 passengers or more, including the driver; or

      (B) Was previously registered under Sec. 13-932 or Sec. 13-933 of this article.

  (2) "Vehicle" does not include:

    (i) A farm truck as defined in Sec. 13-921 of this article;

    (ii) A farm truck tractor as defined in Sec. 13-924 of this article; or

    (iii) A Class K (farm area) vehicle.

#### Section 23-302

(a)

  (1) Except as provided in paragraphs (2) through (4) of this subsection, an owner of a vehicle shall have the vehicle inspected, maintained, and repaired by a preventive maintenance technician at least every 25,000 miles or at least every 12 months, whichever occurs first.

  (2) An owner of a vehicle registered under Sec. 13-919 of this article that has been in operation for at least 18 years from the vehicle's model year or first registration date, whichever is later, shall have the vehicle inspected, maintained, and repaired by a preventive maintenance technician at least every 12,500 miles or at least every 6 months, whichever occurs first.

  (3) An owner of a vehicle registered under Sec. 13-923 of this article that has been in operation for not more than 5 years from the vehicle's model year shall have the vehicle inspected, maintained, and repaired by a preventive maintenance technician at least every 35,000 miles or at least every 12 months, whichever occurs first.

  (4) An owner of a vehicle registered under Sec. 13-916 or Sec. 13-919 of this article that has been in operation for not more than 5 years from the vehicle's model year shall have the vehicle inspected, maintained, and repaired by a preventive maintenance technician at least every 50,000 miles or at least every 12 months, whichever occurs first, if the vehicle is:

    (i) A zero-emission electric vehicle; or

    (ii) A fuel cell electric vehicle.

(b) A vehicle shall meet or exceed the standards and requirements set under the regulations adopted under this subtitle.

(c) A vehicle may not be operated unless at all times it is appropriately registered and the owner is in compliance with this section.

#### Section 23-303

(a)

  (1) In cooperation with the Department of State Police, the Administration shall adopt rules and regulations required for purposes of implementation, administration, regulation, and enforcement of the provisions of this subtitle.

  (2) The following shall be subject to the rules and regulations adopted under this section:

    (i) Every vehicle;

    (ii) Every person that owns, operates, maintains, or repairs a vehicle;

    (iii) Every motor carrier and its officers and employees; and

    (iv) Every person employed under contract by a motor carrier.

(b)

  (1) The Department of State Police shall enforce this subtitle in each of the counties of the State.

  (2) During regular business hours, a State Police officer, a hazardous materials inspector, or a Public Service Commission inspector may enter the premises and inspect equipment and review and copy records related to a preventive maintenance program.

(c) This subtitle does not limit or supersede any other provision of law concerning vehicle equipment or the means of enforcing the laws relating to that equipment.

#### Section 23-304

The Department of Transportation and the Department of State Police shall conduct public education and awareness programs to inform and assist owners of vehicles in the preventive maintenance program.

#### Section 23-305

The Administration may suspend the registration of any vehicle that does not meet the requirements established under this subtitle.

### Subtitle 4. Diesel Vehicle Emissions Control Program

#### Section 23-401

(a) In this subtitle the following words have the meanings indicated.

(b) "Diesel vehicle" means a motor vehicle that:

  (1) Is powered by a compression ignition engine; and

  (2) Has a manufacturer's gross vehicle weight rating or gross combination weight rating over 10,000 pounds.

(c) "Emissions inspector" means a person who is certified by the Department of State Police to perform an emissions test.

(d) "Emissions standard" means a measurement of acceptable diesel emissions.

(e) "Emissions test" means the sampling and measurement of certain components of diesel vehicle exhaust to determine if the diesel vehicle complies with an emissions standard.

(f) "Police officer" means any uniformed law enforcement officer.

#### Section 23-402

(a)

  (1) The Secretary of the Environment, the Secretary of State Police, and the Secretary of Transportation shall jointly establish, by regulation, a Diesel Vehicle Emissions Control Program.

  (2) The Secretary of the Environment, the Secretary of State Police, and the Secretary of Transportation shall jointly adopt regulations to implement, administer, regulate, and enforce the provisions of this subtitle.

(b) Regulations adopted under this subtitle shall establish requirements for:

  (1) Establishing diesel vehicle emissions standards;

  (2) Emissions tests for diesel vehicles that may include direct emissions measurements;

  (3) Emissions test equipment;

  (4) Subject to Sec. 23-403 of this subtitle, establishing emissions test procedures, based on information available from the U.S. Environmental Protection Agency and information regarding standards issued by the Society of Automotive Engineers, that provide for conducting an emissions test; and

  (5) Establishing certification requirements for emissions inspectors.

#### Section 23-403

(a) The operation of a diesel vehicle on any highway in this State constitutes the consent of the driver and owner of the diesel vehicle to be subject to an emissions test established under this subtitle.

(b) The driver of a diesel vehicle shall obey any sign or direction of a police officer to stop the diesel vehicle and submit it to an emissions test administered by an emissions inspector:

  (1) When a diesel vehicle is required to submit to:

    (i) Weighing and measuring under Sec. 24-111 of this article; or

    (ii) A motor carrier safety inspection under Sec. 25-111 of this article; or

  (2) At any location or time, when a police officer has reasonable cause to believe that an individual diesel vehicle is violating emissions standards established under this subtitle.

(c) A person convicted of a violation of subsection (b) 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 23-404

(a) If a diesel vehicle fails an emissions test established and administered under this subtitle, the driver of the diesel vehicle at the time of testing shall be issued:

  (1) If the diesel vehicle is registered under this article, a safety equipment repair order that directs the registered owner of the vehicle to repair the vehicle to comply with emissions standards; or

  (2) If the diesel vehicle is a foreign registered vehicle, notice indicating that the vehicle is not in compliance with emissions standards in this State.

(b)

  (1) A driver of a diesel vehicle who is issued a safety equipment repair order under subsection (a) of this section shall forward the order to the registered owner of the vehicle.

  (2) A registered owner of a diesel vehicle who receives a safety equipment repair order under this section shall repair the vehicle to comply with emissions standards established under this subtitle and shall be retested for emissions standards in accordance with regulations adopted under this subtitle.

  (3)

    (i) If a registered owner fails to comply with the requirements of paragraph (2) of this subsection within 30 days of the issuance of the safety equipment repair order, the registration of the diesel vehicle may be suspended by the Administration.

    (ii) The registration of a diesel vehicle that is suspended under this paragraph may be reinstated by the Administration if the vehicle is retested for emissions standards in accordance with regulations adopted under this subtitle and complies with emissions standards.

    (iii) If the registration of a diesel vehicle is suspended under this paragraph, the owner of the diesel vehicle is subject to a fine not exceeding $1,000 for a violation of paragraph (2) of this subsection.

  (4)

    (i) The owner of a foreign registered diesel vehicle who receives notice indicating that the diesel vehicle has failed to comply with emissions standards in this State shall repair the vehicle to comply with emissions standards established under this subtitle and shall provide evidence required under regulations adopted under this subtitle that demonstrates compliance with emissions standards.

    (ii) If the owner fails to comply with the requirements of subparagraph (i) of this paragraph within 30 days of the issuance of the notice:

      (1) The Department of State Police shall provide notice to the Federal Highway Administration of the United States Department of Transportation that the owner has violated State law in violation of 49 C.F.R. Sec. 392.2; and

      (2) The owner of the diesel vehicle is subject to a fine not exceeding $1,000.

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