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<section article="gtr" article_name="Transportation" number="25-112" title_number="25" title_name="Vehicle Laws -- Respective Powers of State and Local Authorities; Disposition of Abandoned Vehicles" subtitle_number="1" subtitle_name="Powers of State and Local Authorities">
  <level label="a">
    <level label="1">
      <text>In this section and in § 25–111 of this subtitle the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Cloned CVISN transponder” means a CVISN transponder or other electronic device that has been converted with the electronic serial number or other proprietary information obtained without the consent of the State.</text>
    </level>
    <level label="3">
      <text>“CVISN” means the Commercial Vehicle Information Systems and Network, a motor carrier program managed by the Department, together with other State agencies.</text>
    </level>
    <level label="4">
      <text>“CVISN transponder” means an electronic device acquired by motor carriers to allow electronic signaling through CVISN.</text>
    </level>
    <level label="5">
      <text>“Manufacture” means to produce, assemble, modify, alter, program, reprogram, or tamper with a CVISN transponder without the consent of the State.</text>
    </level>
    <level label="6">
      <text>“Sell” means to sell, exchange, give, or dispose of to another, or to offer or agree to do the same.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>A person may not knowingly possess or use a cloned CVISN transponder or possess a CVISN transponder with the intent to manufacture a cloned CVISN transponder.</text>
    </level>
    <level label="2">
      <text>A person may not knowingly distribute or possess with intent to distribute, manufacture, or sell a cloned CVISN transponder.</text>
    </level>
    <level label="3">
      <text>A person may not knowingly remove a CVISN transponder from the commercial vehicle to which it is registered and place it in another vehicle.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, if the operator of a motor vehicle is in possession of a cloned CVISN transponder or a CVISN transponder placed in a commercial vehicle to which it is not registered, the registered owner of the motor vehicle shall be liable for the violation under this section.</text>
    </level>
    <level label="2">
      <text>A registered owner is not liable for a violation under this section if:</text>
      <level label="i">
        <text>The operator of the vehicle has been adjudicated to be solely responsible for the violation;</text>
      </level>
      <level label="ii">
        <text>A person other than the registered owner has been adjudicated to be responsible for the violation; or</text>
      </level>
      <level label="iii">
        <level label="1">
          <text>The registered owner is a lessor of the motor vehicle;</text>
        </level>
        <level label="2">
          <text>At the time of the violation, the motor vehicle involved was in the possession of a lessee; and</text>
        </level>
        <level label="3">
          <text>The lessor, within 30 days of the issuance of the citation, provides the Department or its authorized agent with a copy of the lease agreement identifying the lessee.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>In addition to any other penalty provided by law, including being disqualified from driving a commercial motor vehicle under § 16–812 of this article, a driver or an owner convicted of a violation of this section is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both.</text>
    </level>
    <level label="2">
      <text>The Administration may not register or transfer the registration of any vehicle involved in a violation of this section until final disposition of the violation.</text>
    </level>
  </level>
</section>
