In this subtitle the following words have the meanings indicated. “Division” means the Automotive Safety Enforcement Division of the Department of State Police. “Equipment” includes all mechanisms that form part of or relate to vehicle equipment. “Facility” means a licensed dealer or a vehicle garage, repair shop, or gasoline service station. “Inspection certificate” means a certification by an inspection station, in a format established by the Division, that: Certifies that, as of its date, a specified vehicle meets or exceeds the standards for equipment established under this title; and Identifies the inspection station and the licensed individual who personally inspected the vehicle. “Inspection station” means a facility that is licensed by the Division under this subtitle. “Police officer” means: Any uniformed police officer; Any person listed under § 2–101(c) of the Criminal Procedure Article; or 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. “Repair order certification” means a written certification by an inspection station or police department that: 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 Is signed and dated: On behalf of the inspection station by the licensed individual who personally inspected the vehicle; or On behalf of the police department by the authorized police officer who personally inspected the vehicle. “Vehicle” means, except as otherwise provided in this subsection, any vehicle registered or to be registered in this State as: A Class A (passenger) vehicle; A Class M (multipurpose) vehicle; A Class J (vanpool) vehicle; A Class E (truck) vehicle; A Class F (tractor) vehicle; A Class G (trailer) vehicle; A Class B (for–hire) vehicle; A Class D (motorcycle) vehicle; or A Class L (historic) vehicle with a model year of 1986 or later. 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. “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 § 11–134 of this article.

There is an Automotive Safety Enforcement Division in the Department of State Police. The Division shall have those employees that the Secretary of State Police assigns and as provided in the State budget. The Division shall enforce this subtitle in each of the counties of this State and Baltimore City. 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.

On receipt of an application and a nonrefundable fee established by the Administration from a facility for an inspection station license, the Division shall: Inspect the facility as to its ability to inspect and correct equipment; and If the facility is qualified, issue to it a license as an inspection station. 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. The license authorizes the facility to: Inspect a used vehicle on request of its transferor or transferee; 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 Inspect an ambulance on the request of its owner that is required to be inspected under § 13–515 of the Education Article. The Division may: For cause, suspend or revoke an inspection station license; and On suspension or revocation of the license, require the surrender of the license and all related material issued by the Division. The Division may establish standards by rule or regulation for the licensing and operation of inspection stations. The Administration may not set a fee under this section that exceeds the administrative cost of the Division under this program.

An applicant for an inspection mechanic license shall submit to the Division: An application in the manner and format designated by the Division; and A nonrefundable application fee of $15 to take the examination. The Division shall: Administer an examination to each inspection mechanic applicant; and If the Division determines the applicant is qualified, license the inspection mechanic applicant to conduct vehicle inspections. The examination shall include a written test and a practical test. The Division may not require an individual authorized to conduct vehicle inspections in the State under §§ 10–14A–03 and 10–14B–03 of the State Government Article to conduct an examination. The Division may establish standards by regulation for the testing, qualifying, and licensing of inspection station mechanics. The Division may: For cause, require a reexamination of a licensed inspection mechanic for qualification to continue or resume conducting vehicle inspections; For cause, suspend or revoke the mechanic’s license; or On suspension or revocation of the mechanic’s license, rescind the authorization to conduct vehicle inspections in accordance with this title.

The Administration and the Division jointly shall adopt, consistent with federal law, regulations establishing equipment, performance, and other technical standards for: Motor vehicles; Autocycles; and Low speed vehicles.

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 § 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. A police officer may issue a safety equipment repair order for a cover required under § 24-106.1(e) of this article only if: The vehicle is equipped with a cover; and The cover, or any equipment necessary to properly secure the cover, does not meet the standards established under § 24-106.1(e) of this article. The safety equipment repair order shall direct the owner of the vehicle: 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 To send to the Division a repair order certification dated subsequent to the issuance of the order. 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: Visually inspect the vehicle; and If the equipment meets or exceeds the standards established under this subtitle, issue a repair order certification. 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. The Division shall prepare and provide safety equipment repair order forms and repair order certification forms. In cooperation with the Administration, the Division shall adopt rules and regulations to carry out the provisions of this section. The rules or regulations shall provide for: 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 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. 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.

This section does not apply to: Any transfer of a used vehicle to any licensed dealer or to any foreign dealer; Any transfer between: Spouses; A parent and child; or Co–owners of the vehicle to be transferred when a co–owner’s name is being removed from the title; Any transfer of a used vehicle that is not to be both titled and registered in this State; Any transfer of a used vehicle among any agencies of the State; Any transfer of a used vehicle as described in § 13–503.2 of this article; Any transfer of a used vehicle into a written inter vivos trust in which the transferor is the primary beneficiary; Any transfer of a used island vehicle, as defined in § 13–935 of this article, registered, or to be registered, as a Class K (farm area/island) vehicle; Any transfer of an off–highway recreational vehicle; Any transfer of a leased vehicle to the lessee at the end of the lease term; or Any transfer of a used vehicle from a business entity to the majority owner of the business entity if: The vehicle is primarily driven by the majority owner of the business entity; and The business entity has been dissolved or is in the process of dissolution. 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: Prepare an inspection certificate; or Have an inspection certificate prepared by another inspection station. 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. 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. 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. 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.

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. For the purposes of this subsection, an inspection certificate shall remain valid from the date the inspection certificate is issued for a period of: 90 days; or 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: 6 months; or When 1,000 miles have been added to the vehicle’s odometer since the inspection certificate was issued. 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. If a person applies for titling and registration of a vehicle, the Administration may: Withhold delivery of a certificate of title pending receipt of an inspection certificate; and Issue a temporary registration. 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. 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. The inspection certificate shall be submitted at the time the vehicle is being registered in the new class. 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.

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.

For vehicle titling and registration purposes, the Division: Shall establish the manner and format for the submission of an inspection certificate for the transfer of a used motor vehicle; and May require electronic submission of the inspection certificate.

An inspection station or any of its employees may not issue an inspection certificate for a vehicle without having inspected its equipment. An inspection station or any of its employees may not issue a repair order certification for any specified equipment without having inspected that equipment. 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. 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. In this section, “fictitious” includes an imitation, counterfeit, or altered certificate or certification. A person may not make, issue, or knowingly use any fictitious inspection certificate or repair order certification. 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. 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. 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. A person may not willfully violate any rule or regulation adopted under this subtitle relating to inspection procedures and inspection station requirements. 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.