Plain Text Law

Title 11 — Subtitle 13. Motor Vehicle Administration — Vehicle Equipment

Chapter 01. Vehicle Brakes

Regulation .01 Motor Vehicle Hydraulic Brake Fluid.Copy Citation

A.
Pursuant to the provisions of Transportation Article, §22-305, Annotated Code of Maryland, the Motor Vehicle Administration adopts Federal Motor Vehicle Safety Standard Number 116, “Motor Vehicle Brake Fluids”, 49 CFR §571.116, as amended, which is incorporated by reference.
B.
A person, firm, or corporation may not distribute, have for sale, offer for sale, or sell any hydraulic brake fluid, for use in motor vehicles, unless the hydraulic brake fluid complies with the safety standard set forth in §A of this regulation.

Chapter 02. Pneumatic Vehicle Tires

Regulation .01 Purpose and Applicability.Copy Citation

A.
The purpose of this chapter is to:
(1)
Establish safety requirements for the sale and use of tires for vehicles operating on State highways; and
(2)
Provide criteria to determine the safe operating condition of vehicle tires.
B.
Applicability. This chapter is applicable to the sale or lease, offering for sale or lease, and use or intended use of tires on State highways.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“GVWR” means gross vehicle weight rating.
(2)
“Highway-use vehicle” means all vehicles that are operated upon the highways of this State, except special mobile equipment not designed to move with the normal flow of traffic.
(3)
“Tire stud” means a pin made of a material having a hardness factor approximating tungsten carbide surrounded by a casing equipped with a flanging arrangement designed to retain the assembly into premolded holes in the tire tread surface.

Regulation .03 Incorporation by Reference.Copy Citation

A.
In this chapter, the following documents are incorporated by reference.
B.
Documents Incorporated.
(1)
49 CFR §571.109, as amended;
(2)
49 CFR §571.117, as amended;
(3)
49 CFR §571.119, as amended;
(4)
49 CFR §571.139, as amended; and
(5)
49 CFR 574, as amended.

Regulation .04 Sale of Tires.Copy Citation

A.
A person, firm, or corporation may not sell, offer for sale, or distribute any new tire or any vehicle equipped with new tires for use on the highways of this State that do not comply with the applicable provisions of 49 CFR §§571.109, 571.119, and 571.139 and 49 CFR 574.
B.
A tire manufacturer may not manufacture tires for sale or use as new tires in this State that do not comply with the applicable provisions of 49 CFR §§571.109, 571.119, and 571.139 and 49 CFR 574.
C.
A retreaded tire shall be manufactured in accordance with the provisions of 49 CFR §571.117.
D.
A person, firm, or corporation may not sell or offer for sale, other than to a tire dealer, a tire for use by a highway-use vehicle on the highways of this State that do not meet the requirements for safe operating condition contained in Regulation .08 of this chapter.
E.
A person, firm, or corporation may not sell or offer for sale, other than to a licensed motor vehicle dealer, a highway-use vehicle for use on the highways of this State unless the vehicle is equipped with tires in safe operating condition as set forth in Regulation .08 of this chapter.

Regulation .05 Use of Tires.Copy Citation

A person may not operate or move, or cause to be operated or moved, a highway-use vehicle upon the highways unless the vehicle is equipped with tires in safe operating condition as set forth in Regulation .08 of this chapter.

Regulation .06 Enforcement Procedure.Copy Citation

A law enforcement officer, at any time, may stop a highway-use vehicle and inspect its tires for compliance with the provisions of these regulations. If the inspection discloses that a tire or tires of the vehicle are in violation, the officer shall issue a warning for defective equipment and mechanisms in accordance with Transportation Article, §23-104, Annotated Code of Maryland.

Regulation .07 Penalties.Copy Citation

Each violation of Regulation .04 of this chapter is a separate violation and is a misdemeanor.

Regulation .08 Tire Safety Standards.Copy Citation

A.
A tire is considered in safe operating condition when it is not subject to rejection or considered unsafe for any of the causes listed in Regulation .09 of this chapter.
B.
Inspection of Tires.
(1)
Tires shall be visually inspected for:
(a)
Bumps or bulges due to tread separation;
(b)
Exposed ply or cord;
(c)
Cord damage; and
(d)
Tread depth.
(2)
Tread depth shall be measured with a tread depth gauge or other suitable measuring device in any two or more adjacent tread grooves at three locations equally spaced around the circumference of the tire, at least one of which shall be at a point where the tread is thinnest exclusive of tie bars and tread wear indicators.
(3)
Tread depth may be measured by visual inspection of the tread wear indicators when molded into the tire.
(4)
Other tire inspection regulations are contained in COMAR 11.14.

Regulation .09 Unsafe Tires.Copy Citation

A tire is considered unsafe if it:
A.
Has tread or sidewall cuts, cracks, or snags, or is otherwise damaged in such a manner as to expose body cords;
B.
Has any bump or bulge due to tread separation;
C.
Is worn to a tread design depth of less than 2/32 of an inch or is worn to a tread design depth of less than 4/32 of an inch for tires in front wheel positions on motor vehicles with a GVWR of more than 10,000 pounds;
D.
Has been retreaded or recapped and is mounted on the steering axle of a passenger bus with a GVWR of more than 10,000 pounds;
E.
Has been regrooved or recut except as authorized in Transportation Article, §22-405.1, Annotated Code of Maryland;
F.
Is marked “not for highway use”, or “for racing purposes only”, or “unsafe for highway use” or has such other conditions or markings as may be reasonably demonstrated to render the tire unsafe for highway use;
G.
Is not of the same size and type as other tires on the same axle;
H.
Is labeled as a “tube type” and is mounted without a properly inflated tube.

Regulation .10 Studded Snow Tires.Copy Citation

A.
The purpose of this regulation is to regulate the sale and use of studded snow tires in Maryland and to establish standards for tire studs pursuant to the authority contained in Transportation Article, §22.405.2, Annotated Code of Maryland.
B.
Sale and Use of Studded Snow Tires.
(1)
A person may not sell or offer for sale studded snow tires in this State except in Allegany, Carroll, Frederick, Garrett, and Washington counties.
(2)
From November 1 through March 31, vehicles registered in Allegany, Carroll, Frederick, Garrett, and Washington counties may be equipped with studded snow tires and may be operated only in Allegany, Carroll, Frederick, Garrett, and Washington counties.
C.
Tire Stud Standards.
(1)
Tire studs shall be constructed to employ a pin or core and a casing in such a manner as to regulate the protrusion of the tire stud beyond the tread surface of the tire. Tire stud pins or cores shall be constructed of a material with sufficient hardness characteristics to be effective in providing traction on hardpacked snow and ice. Tire studs shall be designed for maximum retention qualities when inserted in pre-molded holes in the tire tread surface.
(2)
Tire studs shall be designed to regulate protrusion under all conditions of loading to a minimum of 1/32 inch (0.031 inch) and a maximum of 2/32 inch (0.062 inch). Tire stud diameters shall be limited to between 0.062 inch and 0.125 inch for the pin or core and between 0.187 inch and 0.250 inch for the casing.
(3)
The maximum number of tire studs permitted to be installed into a tire shall be according to tire size and shall be calculated on the basis that the combined cross-sectional area of the stud assemblies may not exceed 1 1/4 percent (0.0125) of the total area of the tread surface, but the number of tire studs installed may not exceed 150 per tire.

Chapter 03. Bumpers for Class A, Class E, and Class M Motor Vehicles

Regulation .01 Purpose.Copy Citation

In accordance with Transportation Article, §22-105, Annotated Code of Maryland, the Motor Vehicle Administration and the Automotive Safety Enforcement Division of the Department of State Police have set forth the following requirements for bumpers on Class A passenger vehicles, Class E truck vehicles with a registered GVW of 18,000 pounds or less, and Class M multipurpose vehicles.

Regulation .02 Applicable Vehicles.Copy Citation

Each Class A passenger motor vehicle, Class E truck motor vehicle with a registered GVW of 18,000 pounds or less, or Class M multipurpose passenger motor vehicle when operated on the highways of Maryland, shall be equipped with a front bumper, and a rear bumper if a rear bumper was originally installed by the manufacturer.

Regulation .03 Bumper Standards.Copy Citation

Each required bumper shall:
A.
Comply with all applicable provisions of the Transportation Article — Maryland Vehicle Law, Code of Maryland Regulations, and all applicable Federal Motor Vehicle Safety Standards and Regulations, including 49 CFR 581, as promulgated by the National Highway Traffic Safety Administration;
B.
Be an original or an approved type;
C.
Be mounted equivalent to original design;
D.
Be free of broken or missing parts, sharp edges, or abnormal protrusions;
E.
Extend at least to the lateral width of the vehicle and as set forth in this section:
(1)
This applies to the front bumper and rear bumper, when required, on a vehicle less than 80 inches in overall width;
(2)
A truck vehicle with a registered GVW of 18,000 pounds or less and 80 inches or more in overall width which is so constructed that the body or chassis without body has a rear ground clearance of more than 30 inches when empty shall be equipped as follows:
(a)
With a bumper or device serving similar purposes which shall be constructed and located that:
(i)
The clearance between the effective bottom of the bumper or device and the ground does not exceed 30 inches when the vehicle is empty,
(ii)
The maximum distance between the closest points between the bumper, or device, if more than one is used, may not exceed 24 inches,
(iii)
The maximum transverse distance from the widest part of the motor vehicle at the rear to the bumper or device may not exceed 18 inches,
(iv)
The rear bumper or device shall be located not more than 24 inches forward of the extreme rear of the vehicle, and
(v)
The bumper or device shall be substantially constructed and firmly attached;
(b)
Every motor vehicle constructed and maintained so that the body, chassis, or other parts of the vehicle which afford the rear end protection is in compliance with this section;
F.
On a Class A passenger vehicle, be not higher than 20 inches from the bottom edge of the main horizontal bar of the bumper to the ground on which the vehicle stands;
G.
On a Class E truck vehicle with a registered GVW of 10,000 pounds or less, be not higher than 28 inches from the bottom edge of the main horizontal bar of the bumper to the ground on which the vehicle stands;
H.
On a Class E truck vehicle with a registered GVW of more than 10,000 pounds but not more than 18,000 pounds:
(1)
Be not higher than 30 inches from the bottom of the main horizontal bar of the bumper to the ground on which the vehicle stands; or
(2)
If truck is used for spraying agricultural crops, be not higher than 32 inches from the bottom of the main horizontal bar of the bumper to the ground on which the vehicle stands;
I.
On a Class M multipurpose vehicle, be not higher than 28 inches from the bottom edge of the main horizontal bar of the bumper to the ground on which the vehicle stands.

Regulation .04 Modification of Bumper.Copy Citation

A bumper may not be modified or extended upward or downward to compensate for vehicle suspension or body alterations or modifications.

Regulation .05 Replacement Bumper.Copy Citation

Every replacement bumper shall be constructed, designed and mounted to comply with all requirements established in this chapter.

Chapter 04. Energy Absorption System

Repealed

Chapter 05. Motorcycles

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means the Motor Vehicle Administration.
(2)
“Face shield” means a transparent device worn in front of the eyes and covering a portion or all of the face, the primary function of which is to protect the eyes and face.
(3)
“Goggles” means a device with contour-shaped eyecups contacting the face and made with glass or plastic lenses, which is worn for the protection of the eyes and eye sockets.
(4)
“Protective helmet or headgear” means a device primarily intended to protect the upper part of the wearer's head against a blow or impact.
(5)
“Spectacles” means two lenses and a frame front which supports the lenses around their entire periphery, of suitable size and shape, connected by a nose bridge, and retained on the face by temples or other suitable means.

Regulation .02 Protective Helmets.Copy Citation

A.
On and after October 1, 1992, a person may not use, loan, borrow, sell, offer for sale, or distribute any protective helmets for use by the operators of motorcycles, or protective helmets for use by passengers, unless the protective helmets meet the standards established by the Administration.
B.
The Federal Motor Vehicle Safety Standard (FMVSS) 218, Motorcycle Helmets, 49 CFR §571.218 (1991), which is incorporated by reference, is adopted as the minimum standard for helmets required to be worn by operators and passengers on motorcycles in accordance with the requirements of Transportation Article, §21-1306, Annotated Code of Maryland.
C.
The test procedures for protective helmets or headgear shall be the test procedures described in FMVSS 218.
D.
The Administration shall accept all helmets which comply with the requirements of FMVSS 218, Motorcycle Helmets, 49 CFR §571.218 (1991).
E.
The right is reserved to withdraw approval of a product at any time and for any cause considered reasonable by the Administration, or the Administration may require new approvals at any time it is considered necessary or reasonable.
F.
Chin Strap.
(1)
Each approved helmet shall be equipped with either a neck or chin strap and be fastened when the motorcycle is in motion.
(2)
The protective headgear shall be worn on the head with chin strap properly fastened, and in contact with the chin or jaw by both operator and passenger at all times that the motorcycle is in motion.

Regulation .03 Face Shields, Goggles, and Spectacles of Motorcycle Operators.Copy Citation

A.
Pursuant to the provisions of Transportation Article, §21-1306, Annotated Code of Maryland, the Administration shall adopt specifications and test procedures for face shields, goggles, and spectacles for motorcycle operators as established in the federal Food and Drug Administration regulations on impact resistance, 21 CFR §801.410(d)(2), which is incorporated by reference.
B.
A person may not use, loan, borrow, sell, offer for sale, or distribute any face shields, goggles, or spectacles for use by operators of motorcycles or passengers unless the face shields, goggles, or spectacles are in compliance with the standard set forth in §A of this regulation as approved by the Administration.
C.
Approval. The Administration shall accept all face shields, goggles, and spectacles which comply with the provisions of 21 CFR §801.410(d)(2), which is incorporated by reference.
D.
All face shields, goggles, and spectacles shall be so designed as to allow the wearer an angle of vision of not less than 105 degrees and shall be worn in such a manner as not to be accidentally dislodged. Face shields, goggles, or spectacles shall be worn at all times, covering the face or eyes, or both, by both the operator and passenger of a motorcycle that is in motion. During such periods as vehicles are required to display lights, only nontinted (clear) materials shall be used in face shields, goggles, and spectacles.
E.
The right is reserved to withdraw approval of a product at any time and for any cause considered reasonable by the Administration, or the Administration may require new approvals at any time it is considered necessary or reasonable.

Regulation .04 Rearview Mirrors on Motorcycles.Copy Citation

Under the provisions of Transportation Article, §22-403, Annotated Code of Maryland, every motorcycle shall be equipped with two rearview mirrors, one each attached either to the right and left handlebars or to the right and left sides of the motorcycle fairing, and on and after July 1, 1973 shall meet the following standards:
A.
The mirror shall be securely mounted and sufficiently stable to provide a readily distinguishable image to the rider under normal conditions;
B.
The mirror shall be regular in shape (circular, oval, rectangular, or square) and may not contain sharp edges, projections, or irregular indents capable of producing injury;
C.
The reflective surface of the mirror shall be of a size not less than 7 square inches and shall be capable of reflecting a view of the highway for a distance of at least 200 feet to the rear of the vehicle on which it is mounted;
D.
The mirror assembly shall be capable of adjustment within a range that will reflect an image that includes at least the horizon and the road surface 35 feet to the rear of the vehicle on which it is mounted.

Chapter 06. Speedometer and Odometer on Passenger Cars and Light Trucks

Regulation .01 Components.Copy Citation

Speedometers and odometers, when inspected, shall have legible dials and calibrations and register speed and distance traveled in miles or kilometers, or both, and be connected and operable. When the odometer is calibrated only in kilometers, a written notice shall be posted on the instrument panel in full view of the driver, and the notice shall contain the formula for converting kilometers to miles. Example: “Kilometers” divided by 1.609 equals “miles”.

Regulation .02 Service, Repair, or Replacement of an Odometer.Copy Citation

Nothing in this title prevents the service, repair, or replacement of an odometer, whether calibrated in miles or kilometers, provided the distance traveled that is indicated on the odometer remains the same as before the service, repair, or replacement. If the odometer is incapable of registering the same distance traveled before the service, repair, or replacement, the odometer shall be adjusted to read zero, and a notice in writing shall be attached to the left door frame of the vehicle by the owner, his agent, or the person performing the service, repair, or replacement specifying the distance traveled before repair or replacement of the odometer and the date on which it was repaired or replaced. Any removal or alteration of the notice shall be a violation of this regulation.

Regulation .03 Odometer Disclosure Certification.Copy Citation

At the time of sale of a vehicle, the seller or transferor shall furnish the buyer an odometer disclosure certification which shall include the vehicle’s odometer reading and any reading which has been attached to the vehicle’s door frame in accordance with Regulation .02 of this chapter. The odometer disclosure certification shall be presented to the Motor Vehicle Administration upon application for title.

Regulation .04 Verification of Odometer Disclosure Certification.Copy Citation

A.
The Motor Vehicle Administration, upon receipt of the odometer disclosure certification, shall verify that the vehicle’s odometer reading included in the certification corresponds with the odometer reading on the application for title accompanying the certification.
B.
If a vehicle has been repossessed, the Motor Vehicle Administration shall verify that any odometer reading on any documents submitted to the Motor Vehicle Administration corresponds with the odometer readings on both the application for title and the odometer disclosure certification.

Regulation .05 Filing Odometer Disclosure Certification.Copy Citation

A.
Upon verification that all odometer readings correspond, the mileage indicated on the odometer disclosure certification shall be assumed correct and made a part of the permanent record of the Motor Vehicle Administration.
B.
As part of the permanent record, the Motor Vehicle Administration may not change the mileage reflected on the original title or any duplicate titles issued unless the:
(1)
Ownership of the vehicle changes and a new odometer disclosure certification is submitted as required by Regulation .03 of this chapter; or
(2)
Motor Vehicle Administration determines that the actual mileage is greater than the mileage reflected in the original title or any duplicate titles, and the owner requests a change to the known actual mileage.

Chapter 07. Vehicle Identification Numbers

Regulation .01 All New Vehicles.Copy Citation

All classes of new motor vehicles produced by either domestic or foreign manufacturers presented for titling in Maryland shall conform to 49 CFR 565, as amended.

Regulation .02 Other Vehicles.Copy Citation

All other vehicles to be titled in this State shall be accompanied by proof of the identity of the vehicle that the Motor Vehicle Administration reasonably requires.

Chapter 08. Vehicle Connecting Devices and Towing Methods

Regulation .01 Repealed.Copy Citation

Regulation .02 Purpose, Scope, and Application.Copy Citation

A.
The purpose of this chapter is to provide minimum requirements for motor vehicle connecting devices and towing methods and is designed to reduce towing and hitch related accidents.
B.
The scope of this chapter is directed to the regulation of trailer hitches and towing devices, towing methods, testing methods, certification requirements, installation compliance, and other requirements as defined in this chapter.
C.
This chapter applies to all trailer hitches and connecting devices for use on all trailers and semitrailers having a registered gross weight of 10,000 pounds or less and on all motor vehicles that may be employed as a towing vehicle for the trailer or semitrailer when being operated upon the highways of this State. This chapter does not apply to truck-tractor-trailer combinations and semitrailer combinations designed and used for carrying freight or merchandise in the furtherance of any commercial enterprise or for those devices used for drawing another vehicle by means of a tow truck or wrecker.

Regulation .03 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Chain attaching means” means a bolt, hook, pin, hole, eye, clevis, bracket, bar, or any other device mounted on and used for anchoring or attaching safety chains to the towed or towing vehicle or hitch.
(2)
“Coupling” means that part of the primary connecting system normally mounted on the trailer, such as a socket, by which the connection is actually made and including the supporting attachment to the trailer frame.
(3)
“Gross vehicle weight rating (GVWR)” means the value specified by the vehicle manufacturer as the loaded weight of a single vehicle.
(4)
Hitch.
(a)
“Hitch” means that part of the primary connecting system normally mounted on the towing vehicle, including a ball-support platform and those components which are attached to the towing vehicle.
(b)
“Weight-distributing hitch” means a mechanical device that connects the trailer to the towing vehicle, and by means of a leverage applied on both trailer and car structures or axles, when properly adjusted, distributes the imposed vertical load at the hitch and coupling connection between the structures or axles of towing vehicle and trailer. The towing vehicle thus loaded tends to retain a level position with respect to the road.
(c)
“Weight-carrying hitch” means a mechanical or structural device that connects the trailer to the towing vehicle, and that does not employ features designed to redistribute the load imposed at the hitch and coupling connection. Weight-carrying hitches may be designed for bolting or other attachment to the towing vehicle frame, unitized body, bumper structure, or to a combination of these or other points which meet the requirements of Table 2 of Regulation .10 of this chapter.
(5)
“Maximum gross trailer weight (MGTW)” means the weight of the trailer plus the weight of all cargo, consumables, and equipment loaded on the trailer when in an actual underway towing condition.
(6)
“Manufactured” means the date that parts or components for devices regulated by this chapter are fabricated, assembled, packaged, or labelled, and in a saleable condition in the manufacturer's inventory of finished goods.
(7)
“Maximum vertical load on hitch (tongue weight)” means the vertical downward static force exerted on the hitch by the coupling at the point of connection of coupling and hitch, with weight distribution features or devices, if any, deactivated. Tongue weight is measured at the trailer coupling, with the trailer in a level position (detached from the hitch), and with trailer consumables and cargo in maximum loaded conditions.
(8)
Primary Connecting System.
(a)
“Primary connecting system” means the combination of devices and their attaching structures that are normally used to connect a towing vehicle and trailer during towing operations.
(b)
“Primary connecting system” includes, but is not limited to, the ball and socket type of connection or the draft means of connection.
(c)
“Primary connecting system” does not include a:
(i)
Safety chain which is a part of a secondary system normally used only when the primary connecting system fails; or
(ii)
Weight distributing or sway control feature or device which functions as an accessory to the maintenance of the towing vehicle-trailer connection.
(9)
“Safety chains” means flexible tension members connected from the front portion of the towed vehicle to the rear portion of the towing vehicle for the purpose of retaining connection between towed and towing vehicle in the event of failure of the connection provided by the primary connecting system. The term “safety chains” includes not only chains, cable, or wire ropes, or equivalent flexible member, but also any splice clamp, socket, snap, eye, ring, thimble, pin, or other fastening device or forming method which is part of the assembly of any such flexible tension member.
(10)
“Tables 1, 2, 3, 4, and 5 and Figures 1, 2, 3, and 4” referred to in this chapter are contained in Regulation .10 of this chapter.
(11)
“Trailer” means any towed vehicle having a registered gross vehicle weight rating of 10,000 pounds or less.

Regulation .04 Light Service Devices and Systems.Copy Citation

A.
These systems are for use with trailers having a gross vehicle weight rating of 10,000 pounds or less. This includes, but is not limited to such types as the utility, boat, camping, travel, and other trailers which are normally towed by the conventional passenger car, or similarly constructed vehicle, or light-duty truck. This regulation is intended basically for the ball-and-socket type of primary connecting system, but does include the fifth wheel and pintle hook-type system when used on vehicles subject to this regulation.
B.
Trailer Classification.
(1)
Class 1—Trailers, with a gross weight not exceeding 2,000 pounds.
(2)
Class 2—Trailers, with a gross weight over 2,000 pounds, but not exceeding 3,500 pounds.
(3)
Class 3—Trailers, with a gross weight over 3,500 pounds, but not exceeding 5,000 pounds.
(4)
Class 4—Trailers, with a gross weight over 5,000 pounds, but not exceeding 10,000 pounds.
C.
Couplings.
(1)
Coupling Classification. There shall be four major strength classifications, or designations of couplings. The designation shall be based on the maximum gross trailer weight (MGTW) the coupling is qualified to tow. The No. 1 couplings shall be used for towing Class 1 trailers; No. 2 couplings for Class 2 or smaller trailers; No. 3 couplings for Class 3 or smaller trailers; and No. 4 couplings for Class 4 or small trailers. This is not intended to limit the number or variety of couplings in a given class, or designation.
(2)
Coupling Ultimate Strength. Each coupling and hitch ball, when subjected to static bench tests in a rigid, non-yielding test fixture, shall withstand the test loads specified in Table 1 without incurring failure. For purposes of this regulation, failure occurs at the point at which the coupling or ball will accept no additional test load.
(3)
Coupling and Hitch Ball Test Procedure. A new coupling or ball shall be used for each mode of load application. Each type of test load is to be applied individually to one component at a time, utilizing a non-yielding test fixture similar in design to the typical test fixture illustrated in Figure 1. When testing a coupling, a hardened ball shall be used. When testing a ball, a hardened coupling shall be used.
(4)
Attachment of Couplings. Each coupling is to be mounted to the trailer attaching member by bolting, welding, or riveting in such manner that the towing loads are safely and adequately transferred to that member.
(5)
Provisions for Safety.
(a)
Each coupling, regardless of classification, or designation, shall be equipped with a manually operated mechanism so adapted as to prevent disengagement of the unit while in operation. In addition to this positive locking mechanism, the coupling shall be so designed that the trailer can be disconnected from the towing vehicle regardless of the angle of the trailer to the towing vehicle.
(b)
Each hitch ball shall be equipped and installed with a lock washer or equivalent device and each replacement hitch ball shall be marketed with a lock washer or equivalent device with instructions as to proper installation provided by the responsible manufacturer.

Regulation .05 Hitches.Copy Citation

A.
Hitch Rating. Hitches shall be rated by the maximum gross trailer weight (MGTW) and the maximum vertical load on hitch (tongue weight) each is qualified to tow.
B.
Hitch Strength Requirements. Each hitch, when subjected to a static bench test, shall conform to the minimum strength requirements contained in Table 2.
C.
Attachment of Hitch. Each hitch shall be attached to the structural member or members of the towing vehicle in such a manner that the tension, compression, and traverse thrust loads shown in Table 2 are transferred to the towing vehicle without residual distortion or failure of either the attachment or the vehicle structure which would affect the safe towing of trailers, as defined in Table 2.
D.
Maximum Vertical Load on Hitch (Tongue Weight). The weight load carried by the hitch at its connection with the trailer coupling may not, when on a level surface, exceed the maximum tongue weight load recommended by the manufacturer for the hitch.

Regulation .06 Safety Chains and Attaching Means Required.Copy Citation

A.
Strength Requirements. Each safety chain and each attaching means shall meet strength requirements as shown in Table 4.
B.
Installation and Connections. The means of attachment of safety chains shall be located equally distant from and on opposite sides of the longitudinal centerline of the towing vehicle and of the trailer, except that where a single length of safety chain is connected to one single means of attachment of a trailer, the single attachment shall be on the trailer longitudinal centerline. Each means of attachment may not be common with or utilize fasteners common with a ball or coupling. A welding operation may not be performed on a safety chain subsequent to its manufacture. Safety chains shall be so connected that the slack for each length of chain between trailer and towing vehicle is the same and is not more than necessary to permit the proper turning of the vehicles. When passing forward to the towing vehicle, safety chains shall be oriented in such a manner as to prevent the tongue from dropping to the ground and to maintain connection in the event of failure of the primary connecting system. (See Figures 3 and 4).
C.
Every towed vehicle shall be coupled to the towing vehicle by means of a safety chain, cable, or equivalent device in addition to the regular drawbar, tongue, or other connection. Safety chains, cables, or equivalent devices may be attached to permanently installed hitch components meeting the strength requirements of §A of this regulation.
D.
Safety chain connections may not be made to the hitch ball, the pintle hook, or pintle hook casting, or to a ball mount designed to be readily removable when not in use.

Regulation .07 Identification.Copy Citation

A.
Device and Component Marking. Each coupling and each hitch shall be legibly and permanently marked on at least one hitch component or related component marketed with the hitch, as shown below. When hitch components (except hitch balls and their hardware) are marketed separately, the following markings shall also appear on at least one of the components in the package or marketing unit:
(1)
Manufacturer’s or distributor’s name, initials, trademark, or trade name;
(2)
Model number, part number, or style, and, for couplings only, the class;
(3)
Maximum gross trailer weight (MGTW) to be drawn; and
(4)
Maximum vertical load on hitch (tongue weight) to be imposed on the ball or other points of connection.
B.
Hitch Ball Marking. Each hitch ball sold for use in a primary connecting system shall be permanently and legibly marked to show the spherical diameter of the ball; e.g., 1-7/8“, 2”, etc. No other provision of this regulation, except §A(1), as to permanent marking shall apply to hitch balls.
C.
Labelling. Each crate, box, or other container in which a coupling or hitch is packed shall be imprinted or labelled to display at least the same information required in §A for marking, except that the maximum gross trailer weight (MGTW) to be drawn shall be shown for each coupling regardless of class. Further, the year, make, and model of each vehicle on which a hitch may be installed and meet the requirements of this chapter shall be shown but may be shown on an enclosed sheet, or sheets, separate from the imprintation, or labelling, or on hitch manufacturer's application tables which are kept available at the locations where the device or system is sold, either for resale or for use. However, the provision contained in the preceding sentence does not apply to hitches adaptable to a large number of vehicles and designated to be a universal type.

Regulation .08 Identification Installation Maintenance Compliance.Copy Citation

A.
Marking and Labelling. Each vehicle connecting device, method, or system shall be marked and labelled as required by Regulation .07 of this chapter. The marking and labelling shall show the responsible manufacturer. A pressure sensitive label will be acceptable if of a weather-resistant type which cannot be removed without destroying or defacing it.
B.
Installation and Maintenance.
(1)
Manufacturer, Packager, Seller. The responsible manufacturer or seller of a vehicle primary connecting device or system shall provide with the device, or with devices making up or used in the system, clear and complete consumer instructions for use, maintenance, and repair, and, when the device or system is not actually installed by the dealer, installation instructions, in accordance with the requirements of this regulation, and proper instruction of the purchaser, or owner, in use and care.
(2)
Owner, Lessor, Lessee, Borrower. Each owner or lessor shall keep his connecting devices and systems in good condition, maintained, repaired, and rebuilt in accordance with manufacturer's instructions and recommendations. Each owner or lessor, who leases or lends a connecting device or system, shall properly instruct the lessee, or recipient, in the safe and proper use and care for the device or system. Each lessee or borrower shall use and maintain the device, method, or system in accordance with the instructions of the lessor or lender. For the purposes of this regulation, any person who rents a trailer shall be considered to be a lessor.
(3)
A person may not put into use or continue in use a device or system on which the marking required in §A has been removed, altered, obliterated, disfigured, or otherwise damaged so as to prevent identification of the device, method, or system.
C.
Compliance with Requirements. Each manufacturer shall be responsible for the performance ability of the device or system which he manufactures for use by a prospective owner, lessee, or borrower. When a manufacturer, packager, or seller assembles or packages (unites, collects, aggregates) for use by a prospective owner, lessee, or borrower a device or system from manufacturer, packager, or seller (person, firm, association, or corporation) shall be deemed responsible for the performance of the device or system which he assembles or packages. For the purpose of this regulation, each manufacturer, packager, or seller described in the preceding two sentences shall be known as the “responsible manufacturer”.

Regulation .09 Certification and Testing - Repealed.Copy Citation

Regulation .10 Tables.Copy Citation

A.
Table 1.
B.
Table 2.
(a)
When a hitch is to be tested:
(1)
Assemble the hitch in its normal configuration as recommended by the hitch manufacturer.
(2)
Attach the hitch to a non-yielding restraining fixture. The hitch-to-fixture attaching means shall be the same as the normal hitch-to-car attaching means recommended by the hitch manufacturer.
(3)
The points of hitch-to-fixture attachment shall be located in the same positions as the hitch-to-car attachment point locations recommended by the manufacturer.
(4)
Attach a ball to the ball support platform in the manner recommended by the hitch manufacturer.
(b)
Hitch Test Force Applications. With the hitch attached to the test fixture as specified in footnote(a), above, successively apply the forces designated in Table 2, as follows:
(1)
Apply the specified downward vertical force concurrently with the specified compressive longitudinal force or spring bar moment.
(2)
Apply the specified tensile longitudinal force concurrently with the specified downward vertical force.
(3)
Apply the specified compressive longitudinal force concurrently with the specified downward vertical force.
(4)
Apply the specified leftward transverse force.
(5)
Apply the specified rightward transverse force.
(6)
For hitches with weight distributing capability, apply the specified spring bar, or leveling moment, concurrently with the specified downward vertical force.
(c)
Each hitch, when tested as specified above, shall be capable of withstanding the forces applied in accordance with footnote (b), immediately above, without causing permanent deformation of the ball platform, such that the final position of the ball axis may not depart more than 5 degrees from its original, nominally vertical position.
C.
Table 3.
D.
Table 4.
E.
Table 5.

Chapter 09. Nursery School Vehicle Seat Belts and Use

Chapter 10. Ignition Interlock Systems

Regulation .01 Scope.Copy Citation

A.
The purpose of this chapter is to establish regulations for the certification, installation, repair, and removal of ignition interlock systems in Maryland and to establish eligibility requirements for participants and minimum standards for service providers under the Maryland Ignition Interlock Program.
B.
The Administration shall:
(1)
Establish standards for the calibration, maintenance, and service of ignition interlock devices by the manufacturer or service provider of that device;
(2)
Establish protocol for the Maryland Ignition Interlock Program to include eligibility criteria for participants and minimum standards for service providers;
(3)
Notify the manufacturer in writing if the Administration certifies a device or service provider;
(4)
Provide for a review of the certification of ignition interlock devices; and
(5)
Issue a notice, if necessary, to show cause why a device or service provider should be decertified in the State because of a failure to meet the certification requirements set forth in this chapter.
C.
A written notice of the Administration's certification of an ignition interlock device or service provider is a public record under Courts and Judicial Proceedings Article, §10-204, Annotated Code of Maryland.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means the Motor Vehicle Administration.
(2)
“Administrator” means the Administrator of the Motor Vehicle Administration.
(3)
“Alcohol” means the generic class of organic compounds known as alcohols and, specifically, the chemical compound ethyl alcohol. For the purpose of ignition interlock devices, there is no requirement expressed or implied that the device be specific for ethyl alcohol.
(4)
“Alcohol concentration” (BAC) means the amount of alcohol in a person's blood or breath determined by chemical analysis, which shall be measured by grams of alcohol per:
(a)
100 milliliters of blood; or
(b)
210 liters of breath.
(5)
“Alveolar air” (also called “deep lung air”) means an air sample which is the last portion of a prolonged, uninterrupted exhalation and which gives a quantitative measurement of alcohol concentration from which blood alcohol concentration can be determined. The alveoli are the smallest air passages in the lungs, surrounded by capillary blood vessels and through which an interchange of gases occurs during respiration. Alcohol in the blood is eliminated from the lungs via the alveoli.
(6)
“Approved service provider” has the meaning stated in Transportation Article, §16-404.1, Annotated Code of Maryland.
(7)
“BAC” in this chapter means either breath alcohol concentration or blood alcohol concentration.
(8)
“Device” or “ignition interlock device” means an ignition interlock system as defined in Transportation Article, §21.902.2, Annotated Code of Maryland.
(9)
“Interlock” means the mechanism by which a motor vehicle is prevented from starting when the test result of a person's breath alcohol analysis exceeds a preset BAC level.
(10)
“Manufacturer” means any person engaged in the manufacturing or assembling of ignition interlock devices.
(11)
“Monitoring” means the approved service provider's action of downloading the information obtained in the device's data logging mechanism and submitting this information to the Administration for review.
(12)
“Program” means the Ignition Interlock System Program established by the Administration under Transportation Article, §16.404.1, Annotated Code of Maryland.
(13)
“Purge” means the process by which a device cleanses or removes a previous breath test sample from the device and specifically removes residual alcohol.
(14)
“Security” means the protection and safeguards incorporated into ignition interlock devices to ensure proper performance and to ensure against failure caused either by inherent defects or human tampering which causes the device not to operate as designed.

Regulation .02-1 Incorporation by Reference.Copy Citation

A.
The National Highway Traffic Safety Administration (NHTSA) Model Specifications for Breath Alcohol Ignition Interlock Devices (BAIID) 57 FR 11772 (1992), as amended, are incorporated by reference as the specifications ignition interlock devices must meet under this chapter.
B.
The Administration shall provide notice and a reasonable implementation period to develop a transition and implementation plan for the approval and use of BAIIDs when new NHTSA Model Specifications are released.

Regulation .03 Manufacturer's Application.Copy Citation

A.
A manufacturer seeking certification of ignition interlock devices shall apply for certification on a form or in a format prescribed by the Administration and shall certify that its ignition interlock devices:
(1)
Do not impede the safe operation of the vehicle;
(2)
Minimize opportunities to be bypassed;
(3)
Correlate accurately with established measures of blood alcohol levels;
(4)
Work accurately and reliably in an unsupervised environment;
(5)
Require a proper and accurate measure of blood alcohol levels;
(6)
Resist tampering and provide evidence of attempted tampering;
(7)
Are difficult to circumvent and require premeditation to circumvent;
(8)
Minimize inconvenience to a sober user;
(9)
Are manufactured by a party responsible for installation, user training, service, and maintenance;
(10)
Operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards;
(11)
Are manufactured by a person adequately insured for product liability;
(12)
Provide the option for an electronic log of the driver's experience with the device; and
(13)
Sold or leased, of the same make and model for which application for certification is sought, meet the requirements for certification set forth in the specifications of the devices.
B.
An application for certification shall include, in addition to other information which the Administration may require:
(1)
The name and address of the manufacturer;
(2)
The name and model number of the device;
(3)
A detailed description of the device including instructions for its installation and operation;
(4)
Technical specifications descriptive of the device’s accuracy, security, data collection and recording, digital photographic image collection, tamper detection, and environmental features;
(5)
A description of the manufacturer's present or planned provisions for distribution of the device in Maryland including all locations in the State where the device may be purchased, installed, serviced, repaired, calibrated, inspected, and monitored;
(6)
A certificate from an insurance company licensed in Maryland evidencing that the manufacturer holds product liability insurance as required in Regulation .05 of this chapter;
(7)
A certified copy of the drawings, schematics, and wiring protocols for the device and its components as confidential commercial information not subject to disclosure under General Provisions Article, Title 4, Annotated Code of Maryland; and
(8)
A sample warning label, to be affixed to each device, which shall be in compliance with Transportation Article, §27-108, Annotated Code of Maryland.

Regulation .04 Guidelines.Copy Citation

A.
Correlation.
(1)
The ignition interlock device shall correlate with an alcohol concentration recommended under the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter with the accuracy provided for in these specifications, but may not be higher than 0.025 percent.
(2)
A correlation coefficient of 0.90 is considered reliable. Ninety times out of 100, the ignition interlock device shall respond to, detect, and interlock when an individual has an alcohol concentration of 0.025 percent or higher.
B.
Reliability.
(1)
Device user complaints shall be reported as required in Regulation .14 of this chapter.
(2)
Complaints shall be serviced as follows:
(a)
Customer error in operation or misuse shall be corrected with additional instructions;
(b)
Device problems due to component failures shall be corrected through exchange of appropriate package.
C.
Accuracy.
(1)
Breath test devices shall use breath specimens which are alveolar air samples (“deep lung air”) in accordance with established forensic alcohol standards meeting the specifications contained in the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter.
(2)
The calibrated setting shall be at 0.025 percent BAC. The device shall have an accuracy of 90 percent and shall detect and interlock when the air sample provided to it contains alcohol at or above the calibrated setting.
(3)
The ignition interlock device shall be calibrated for proper use and accuracy semiannually, or more frequently as the circumstances may require.
D.
Security.
(1)
The device, the installation of the device, and the monitoring of the device, including the transmission of data to the Administration, shall provide for the security features set forth in the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter.
(2)
The manufacturer and the service provider shall take all reasonable steps necessary to prevent tampering or circumvention of the device, as set forth in the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter.
E.
Environmental Features. The device shall operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards. The device shall:
(1)
Be resistant to shock and vibration as normally found in a motor vehicle environment;
(2)
Operate accurately over a temperature range of -20°C to +70°C; and
(3)
Operate accurately with an altitude range of 0 to 2,500 feet (sea level to 2,500 feet above sea level).
F.
Mandatory Operational Features.
(1)
The device shall:
(a)
Be designed to permit a restart (grace period) of a vehicle's ignition within 120 seconds after the ignition has been shut off, without requiring a further test;
(b)
Automatically purge residual alcohol before allowing subsequent tests;
(c)
Be provided with a supply of disposable mouthpieces with saliva traps, and the manufacturer shall ensure the availability of additional mouthpieces;
(d)
Be required to be stowed out of the way before starting the motor vehicle;
(e)
Be designed so that a second breath test is performed once a vehicle has been underway for at least 5 minutes but not more than 30 minutes; and
(f)
Have an onboard datalogger, which shall be:
(i)
Capable of being downloaded in an installation facility or in the field through mobile means; and
(ii)
Encrypted with the software programs allowing access to the data stored in the device kept secure and protected from public access.
(2)
Upon participant request, a service provider shall provide an ignition interlock device that includes:
(a)
Visual alerts to notify the driver of required actions, including a random test;
(b)
Vibration alerts that may be effective in alerting a driver who is deaf or hard of hearing; or
(c)
Both §F(2)(a) and (b) of this regulation.
G.
Mandatory Operational Features — Camera.
(1)
The device shall have a camera with the capability of recording and storing still images without the capability to record sound or video and that records photographic images only while the device is testing the blood alcohol level of the individual taking the test or if tampering with the device is detected.
(2)
The camera required under §G(1) of this regulation:
(a)
May not pose a threat to the individual taking the test or passengers of the vehicle in the event it becomes displaced;
(b)
Shall take an image of the individual taking the test with sufficient clarity and resolution to allow the individual taking the test to be identified;
(c)
Shall operate in all lighting conditions, and capture a clear image of the individual taking the test for identification; and
(d)
Shall focus on and take images of the individual taking the test while the individual is completing the breath alcohol test with the ignition interlock device as specified by the Administration.

Regulation .05 Product Liability.Copy Citation

A.
The manufacturer of the device shall carry product liability insurance with minimum liability limits of 1 million dollars per occurrence, with 3 million dollars aggregate total. The liability covered shall include defects in product design and materials as well as in the work of manufacturing, calibration, installation, and removal of devices. The proof of insurance shall include a statement from the insurance company that 30 days' notice will be given to the Administration before cancellation of the insurance.
B.
The manufacturer shall provide to the Administration a statement that the manufacturer is totally responsible for product liability and shall defend and indemnify the following from any liability resulting from the device or its installation or use:
(1)
The State of Maryland, including all of its units and all State personnel as defined in State Government Article, §12-101, Annotated Code of Maryland;
(2)
The court that ordered installation of the device; and
(3)
The testing laboratory that has verified that the device meets the Administration's standards and requirements.

Regulation .06 Warranty.Copy Citation

The manufacturer shall guarantee performance and provide support for service within 48 hours after notification of complaint. This support shall be effective for the duration of the probationary period under which the device is required to be installed in the vehicle.

Regulation .07 Warning Label.Copy Citation

The manufacturer shall affix to each device a warning label containing the following language: “A person tampering with, circumventing, or otherwise misusing this Ignition Interlock System is guilty of a misdemeanor, and, on conviction, is subject to a fine or imprisonment or both.”

Regulation .08 Installation Standards.Copy Citation

A.
The manufacturer of the device is responsible for ensuring proper installation procedures to include, but not to be limited to, the following:
(1)
Devices shall be installed within a building or from a mobile unit fully equipped for adequate installation;
(2)
Customers or other unauthorized persons may not be allowed to watch the installation of the device;
(3)
Adequate security measures shall be taken to prevent unauthorized persons from accessing secured materials (tamper seals, installation instructions, computer disks, and any other material required to install, calibrate, monitor, or service the device);
(4)
Each manufacturer shall develop detailed and written instructions for installation of its device in accordance with the guidelines adopted by the Administration;
(5)
The installer shall screen the vehicles for acceptable mechanical and electrical conditions, in accordance with the manufacturer's instructions;
(6)
Conditions that would interfere with the function of the device (for example, low battery or alternator voltage, stalling frequent enough to require additional breath tests, etc.) shall be corrected to an acceptable level;
(7)
Installations shall be made in a workmanlike manner in accordance with accepted trade standards, and according to the instructions provided by the manufacturer;
(8)
After a device is installed, the vehicle and device shall be checked to see that the installation was performed properly and that it does not interfere with the normal operation of the vehicle after it has been started;
(9)
Each installation shall include all of the tamper resistant features required by the manufacturer and the Administration.
B.
The manufacturer shall be responsible for ensuring physical anti-tamper securities which include, but which are not limited to, the following:
(1)
A unique and easily identifiable wire, covering, or sheathing over all wires used to install the device, which are not inside a secured enclosure;
(2)
A unique and easily identifiable covering, seal, epoxy, or resin at all exposed electrical connections for the device;
(3)
Connections to the vehicle which shall be under the dash or in an inconspicuous area of the vehicle;
(4)
A unique and easily identifiable tamper seal, epoxy, or resin at all openings (except the breath and exhaust ports) of the hand-held unit, control, and support units;
(5)
Depending on the level of electronic anti-tampering security of a device, additional anti-tamper measures that could be taken such as the use of a special mark, seal, paint, epoxy, resin, or other material to mark points likely to be accessed when attempting to bypass or tamper with the device (for example, battery post terminals, wire to starter solenoid, wire to ignition, dash screws).
C.
The manufacturer is responsible for ensuring electronic anti-tampering securities which include, but which are not limited to, the following:
(1)
The device shall detect when the vehicle has been started without a breath test being passed, and shall either display the tamper or record it, or both, in a way that the information can be retrieved at a later date.
(2)
The device shall retain its tamper detection capabilities when disconnected from the vehicle's power supply, or record that it was disconnected. Devices that lose their memory of tamper events when disconnected from a power source shall have an indicator or interrupt device.
(3)
The device shall continuously record the time and date for each of the following vehicle and device operations:
(a)
Breath test fail;
(b)
Breath test pass;
(c)
Alcohol level of breath test; and
(d)
Any attempt to tamper with the device.
(4)
When a device detects a condition that would be considered tampering, the device shall activate an indicator or interrupt device and capture and store a photographic image.

Regulation .09 Periodic Inspections.Copy Citation

A.
At the time of device installation, the device shall be checked to make sure that it is functioning properly and accurately. Self-diagnostic features shall also be checked.
B.
Tamper inspections shall be conducted at any time that the device is given routine inspection, maintenance, or repair. Tamper inspections shall include the following:
(1)
Inspect all external wiring insulation, connections, and sheathing for the device and where the device connects to the vehicle. Document and photograph any perforations, cuts, or other evidences of possible tampering.
(2)
Record or document any electronic indications of tampering.
(3)
Inspect all tamper seals for breaks, tears, or other evidence of tampering. Document and photograph any evidence of tampering.
(4)
Check device for proper operation to ensure tamper detection capabilities.
(5)
After all evidence of tampering has been recorded, photographed, and reported to the appropriate law enforcement agencies, restore the system and its tamper seals, etc., to their original condition to prevent further abuse.
C.
The Administration or its designees shall have the right to inspect installation and service of the devices.

Regulation .10 User Orientation and Support.Copy Citation

A.
The vehicle operator shall be provided:
(1)
Written instructions on how to clean and care for the device;
(2)
Written instructions on what type of vehicle malfunctions or repairs may affect the device, and what to do when such repairs are necessary;
(3)
Written notice about how the device may be affected by high altitudes;
(4)
Written notice about the requirement that the vehicle operator must remain in clear view of the camera at all times while a breath sample is being provided;
(5)
Written and hands-on training on how to use the device after it is installed in the operator's vehicle. This shall include all persons who are authorized to use the vehicle that has had a device installed; and
(6)
A training video that includes closed captioning.
B.
The manufacturer shall provide an emergency 24-hour phone number that a user may contact to receive assistance. Assistance may include technical information, tow service, or road service. Emergency assistance related to the failure of a device shall be provided within 3 hours for vehicles located in or near an area with an installation or repair facility. The device shall be made functional within 48 hours from when the call for assistance is made.

Regulation .11 Personnel Requirements.Copy Citation

The manufacturer shall be responsible for device installation, user training, service, and maintenance. The following apply:
A.
Installers shall have the training and skills necessary to install, troubleshoot, and check for proper operation of the device, and to screen the vehicle for acceptable conditions.
B.
Personnel who install, calibrate, perform tamper inspections, or perform reporting duties, or all of these, may not have been convicted of a crime substantially related to the qualifications, functions, and duties related to the installation and inspection of the devices. This may include, but is not limited to, persons:
(1)
Convicted of any alcohol or drug-related offense within the last 3 years;
(2)
Convicted of more than one alcohol or drug-related offense overall;
(3)
Convicted of probation violation;
(4)
Convicted of perjury; or
(5)
Who have had a license or registration revoked, suspended, or denied for a violation or violations of motor vehicle safety equipment laws.
C.
Persons who can show acceptable evidence of rehabilitation may be considered for the positions in §B.

Regulation .12 Facility Requirements.Copy Citation

A.
Facilities, which may include mobile or satellite units, where interlock devices are installed, serviced, monitored, or removed shall:
(1)
Be in an area where customers are not allowed to watch the installation, calibration, or removal of a device;
(2)
Be open during normal business hours with after hours service capability;
(3)
Be established to service the geographical location and volume of individuals who qualify for and are admitted into the program;
(4)
Have records maintained for 5 years; and
(5)
Have and use the required tools, test equipment, and manuals needed to screen vehicles for acceptable mechanical and electrical conditions to install devices.
B.
The tools, test equipment, and manuals required under §A(5) of this regulation include, but are not limited to, the following:
(1)
Tools necessary to ensure electrical connections are made in a workmanlike manner in accordance with accepted trade standards (for example, properly soldered or mechanically crimped with high quality connectors);
(2)
Heat gun if heat shrink tubing or heat set labels are used;
(3)
Volt/ohmmeter;
(4)
Test light;
(5)
Battery testing equipment and servicing tools (for example, load tester, terminal cleaning tools, battery filler, etc.); and
(6)
Electrical wiring diagrams or reference guide, or both, for electrical systems on import and domestic vehicles, 20 years old or less, necessary for the installation and operation of the device.

Regulation .13 Testing Procedure for Certification.Copy Citation

A.
Testing shall be performed under the specifications set forth in the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter by an entity approved by the Administration for the purpose of establishing the accuracy and reliability of candidate breath test ignition interlock devices.
B.
Results of Tests. As a prerequisite to certification, the manufacturer shall submit a notarized letter or affidavit, or both, from the Director of an approved testing laboratory certifying that the device by model or class, or both, meets or exceeds all requirements set forth in the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter. This affidavit shall also include:
(1)
The name and location of the testing laboratory;
(2)
The address and phone number of the testing laboratory;
(3)
A description of the tests performed;
(4)
Copies of the data and results of the testing procedures; and
(5)
The names and qualifications of the individuals performing the tests.

Regulation .14 Reports Required by Manufacturer.Copy Citation

A.
The manufacturer shall provide to the Administration:
(1)
Annually, a certified statement that the manufacturing of the model or type of device originally certified has not been modified or altered in any way to require laboratory retesting;
(2)
Annually, an information report detailing:
(a)
The number of devices with visual or vibration alerts, or both, that have been issued;
(b)
The number of deaf and hard of hearing customers;
(c)
The number of reduced fee interlock units requested by customers;
(d)
The number of reduced fee interlock units provided; and
(3)
Annually, a summary of all complaints received and corrective action taken by the manufacturer for each model or type of certified device;
(4)
Semiannually, a report that the ignition interlock devices were checked for proper use and accuracy, detailing any necessary adjustments;
(5)
A report on a device denied certification in another state, whether the denial of certification occurs before or after certification by the Administration; and
(6)
Any other available information upon request.
B.
The reports required by §A(2) of this regulation shall be categorized by:
(1)
Customer error of operation;
(2)
Faulty automotive equipment other than the device;
(3)
Apparent misuse or attempts to circumvent the device causing damage; and
(4)
Device failure due to material defect, design defect, or workmanship errors in construction, installation, or calibration.
C.
A denial of certification for an ignition interlock model in another state may, at the discretion of the Administrator, be cause for decertification, revocation, or denial of certification for the same model by the Administration in Maryland.
D.
The manufacturer shall provide the Administration and participating agencies the following:
(1)
Proof of the installation of the system;
(2)
Reports of the results of the monitoring which:
(a)
Shall be performed at least every 60 days, or more frequently as the circumstances may require, and
(b)
May be in the form of an electronic log of the driver's experience with the system;
(3)
Within 7 days of discovery, reports of any apparent misuse of the device, tampering, circumventing, or attempts to disconnect, or any other pertinent information; and
(4)
Any other available information upon request.

Regulation .15 Fees For Certification.Copy Citation

Approved testing laboratories may have fees associated with their work in the testing of the device and shall be paid directly by the manufacturer. All other costs of obtaining certification of an ignition interlock device shall be paid by the manufacturer of the device to the Administration.

Regulation .16 Removal of the Device.Copy Citation

A.
When notified in writing by the originating court or the Administration, the approved service provider shall remove the device and return the vehicle to normal operating condition. All severed wires shall be permanently reconnected and insulated with heat shrink tubing or its equivalent.
B.
Whenever a device is removed for repair and cannot immediately be reinstalled, a substitute device shall be used. A participant's vehicle may not be driven without a required device.
C.
Before removal of a device, the manufacturer shall notify the originating court except under the following conditions:
(1)
Completion of sentence, or other terms of a court order; or
(2)
Immediate device repair needs.

Regulation .17 Revocation of Approval of Ignition Interlock Devices.Copy Citation

A.
The Administration may revoke approval of a device, and remove it from the list of acceptable devices, upon any of the following grounds:
(1)
Evidence of repeated device failures due to gross defects in design, materials, or workmanship during manufacture;
(2)
Termination of manufacturer's liability insurance;
(3)
Notification that the manufacturer is no longer in business;
(4)
Voluntary request of the manufacturer to remove a device from the acceptable list;
(5)
Any findings that the manufacturer is not in compliance with the provisions of this chapter or Transportation Article, §§16-404.1 and 27-108, Annotated Code of Maryland; or
(6)
Any other reasonable cause to believe the device was inaccurately represented to meet the performance standards.
B.
The effective date of revocation shall be 15 days after notification is sent to the manufacturer via certified mail, except in cases where the Administration determines immediate revocation is necessary for the safety and welfare of the public.
C.
Manufacturers may request a review of revocation. This request shall be submitted to the Administration, in writing, within 15 days of the revocation.
D.
Upon revocation or voluntary surrender of an approval, a manufacturer shall be responsible for removal of all like devices from customers' vehicles.
E.
A manufacturer shall be responsible for any costs connected with removal of its revoked devices from customers' vehicles and the installation of new devices from the Administration's list of approved devices.

Regulation .18 Exemption.Copy Citation

An ignition interlock device certified and installed before October 1, 2019, may continue to be used until the earliest of:
A.
The expiration of the original term of the court order;
B.
The expiration of the Administration's required term for the device installation; or
C.
The customer’s reentry into the Ignition Interlock System Program if the Motor Vehicle Administration allows an individual to reenter the Program after a period of 30 days from the date of removal with a device that was installed prior to October 1, 2019.

Regulation .19 Repealed.Copy Citation

Regulation .20 Service Providers.Copy Citation

A.
Service providers who service, install, monitor, calibrate, and provide information on ignition interlock systems shall:
(1)
Apply to the Administration for certification as an approved service provider;
(2)
Demonstrate that the service provider is able to competently service, install, monitor, calibrate, and provide information on ignition interlock systems;
(3)
Be certified by a signed affidavit from the manufacturer that the service provider has been trained by an authorized manufacturer and that the service provider is competent to service, install, monitor, calibrate, and provide information on ignition interlock systems; and
(4)
Be deemed to be authorized representatives of a manufacturer.
B.
After the Administration notifies a service provider of certification approval, the service provider shall:
(1)
File with the Administration a surety bond in the amount of $10,000; and
(2)
Notify the Administration within 5 days if the surety bond is canceled, revoked, or suspended.
C.
Any service of notice upon an approved service provider who has violated any laws or regulations or whose ignition interlock system is not in compliance with any laws or regulations is deemed as service upon the manufacturer who certified the approved service provider.
D.
An approved service provider shall:
(1)
Provide adequate facilities as required in Regulation .12 of this chapter;
(2)
Provide service and installation records for inspection on the request of the Administration;
(3)
Keep all personal and medical information provided to the service provider regarding Program participants confidential except to the Administration and its authorized representatives;
(4)
Install devices for eligible participants in the Program within 10 days of the date of requested installation by a Program participant;
(5)
Provide a toll-free 24-hour emergency response number that a participant may call to obtain assistance from the provider with technical information, towing, and road service;
(6)
On notification by a participant of a device failure:
(a)
Provide emergency assistance within 3 hours of notification by the participant; and
(b)
Repair or replace the device within 48 hours after notification by the participant;
(7)
Monitor devices periodically, not to exceed 30 days;
(8)
Establish indigence provisions as set forth in COMAR 11.11.11;
(9)
Within 1 business day of a device's installation, removal, or monitoring appointment, electronically submit to the Administration the information it requires regarding the:
(a)
Identification of the participant or prospective participant who had the device installed;
(b)
Identification of the vehicle in which the device is or was installed; and
(c)
Monitoring data relating to the participant's use of the device for each monitoring period; and
(10)
Within 1 business day after notification by the Administration that the information received was incomplete, corrupt, or erroneous, electronically resubmit the corrected information to the Administration.

Chapter 11. Load Covers

Regulation .01 Scope and Applicability.Copy Citation

A.
These regulations do not limit or supersede any other law or regulation concerning vehicle equipment or means of enforcing laws or regulations relating to vehicle equipment.
B.
These regulations apply to a vehicle carrying loose material which is not otherwise exempted under Regulation .02 of this chapter.

Regulation .02 Exemptions.Copy Citation

A vehicle meeting the requirements of Transportation Article, §24-106.1(e)(1), Annotated Code of Maryland, and Regulation .04A of this chapter is exempt from the load cover requirements of these regulations.

Regulation .03 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Bed” means the load-carrying part temporarily or permanently attached to a vehicle and separated from the passenger compartment and fully enclosed on both sides by side boards or side panels, on the front, by a board or panel or by the cab of the vehicle and, on the rear, by a tailgate, board, or panel.
(2)
“Enclosures” means the front, rear, and sides of a vehicle bed as defined in Transportation Article, §24-106.1(d), Annotated Code of Maryland.
(3)
“Load cover” means a device made of canvas or other type material authorized under Regulation .05 and used to enclose the open top of a vehicle bed.
(4)
“Loose material” means loose material as defined in Transportation Article, §24-106.1(a), Annotated Code of Maryland, and COMAR 11.15.20.01.
(5)
“Safety equipment repair order” means a safety equipment repair order as defined in COMAR 11.14.01.01B(30).
(6)
“Securement hardware” means any device or equipment used to attach or secure a load cover on a vehicle bed.
(7)
“Vehicle” means a vehicle as defined in Transportation Article, §11-176, Annotated Code of Maryland.

Regulation .04 Load Covers.Copy Citation

A.
Load covers are not required on:
(1)
Any Class K (farm area) vehicle as defined in Transportation Article, §13-935, Annotated Code of Maryland;
(2)
Any Class E (truck) vehicle registered or capable of being registered under Transportation Article, §13-917, Annotated Code of Maryland, regardless of the date of manufacture or how the vehicle is loaded provided the vehicle manufacturer's original design specifications for bed enclosures have not been altered to increase the vehicle's load carrying capacity;
(3)
Any Class G (trailer) vehicle registered or capable of being registered under Transportation Article, §13-927, Annotated Code of Maryland, carrying loose material if the top of the load is not within 6 inches of the top of any enclosure it touches;
(4)
Any construction vehicle working within the confines of a public works construction work project site as outlined in the construction project's plans and specifications, provided the distance travelled does not exceed 1 mile or the distance specified in an extension granted by the Maryland Department of Transportation;
(5)
Any construction vehicle or mining equipment while crossing a highway between construction or mining sites; or
(6)
Within the Port of Baltimore for a distance not to exceed 1 mile, any vehicle carrying a load of loose material between a stockpile or storage facility and a vessel docked at the port.
B.
Load covers are required when carrying loose material on a:
(1)
Class E (truck) vehicle registered or capable of being registered under Transportation Article, §13-917, Annotated Code of Maryland, on which the manufacturer's original design specifications for bed enclosures have been altered to increase the vehicle's load carrying capacity;
(2)
Class G (trailer) vehicle registered or capable of being registered under Transportation Article, §13-927, Annotated Code of Maryland, regardless of the date of manufacture, and carrying loose material if the top of the load of loose material is within 6 inches of the top of any enclosure it touches;
(3)
Vehicle not otherwise exempted after January 1, 1992 regardless of how the vehicle is loaded.

Regulation .05 Covers.Copy Citation

A.
The cover shall be constructed of material which will prevent any part of the load from blowing, falling, or spilling out of the vehicle.
B.
The cover shall be of sufficient size to fully cover the top of the vehicle bed.
C.
The cover shall be maintained in a manner to ensure the cover functions as designed. It shall be free of holes, rips, tears, or broken mesh which would permit any part of the load being hauled to blow, fall, or spill from the bed.

Regulation .06 Cover Securement Equipment.Copy Citation

A.
A cover shall be secured to the vehicle bed in a manner to prevent:
(1)
Part of the vehicle load from blowing, falling, or spilling out of the vehicle;
(2)
The cover from blowing off the vehicle.
B.
Securement hardware shall be:
(1)
Of sufficient strength to prevent the cover from blowing off the vehicle or permitting any part of the load from blowing, falling, or spilling out of the bed of the vehicle;
(2)
Maintained in a good state of repair.

Regulation .07 Enforcement.Copy Citation

These regulations may be enforced in the same manner as the enforcement of other provisions of law or regulation relating to vehicle equipment. A safety equipment repair order may only be issued to a Maryland-registered vehicle.

Regulation .08 Effective Dates.Copy Citation

This chapter applies to any vehicle after January 1, 1992, regardless of the date of manufacture, when carrying a load of loose material and the vehicle is not otherwise exempted under Regulation .02 of this chapter.

Chapter 12. Safety Glass Replacement Standards

Regulation .01 Scope.Copy Citation

This chapter implements the American National Standards Institute/Auto Glass Safety Council/Automotive Glass Replacement Safety Standard (ANSI/AGSC/AGRSS) addressing procedures, education, and product performance for motor vehicles falling within the guidelines of the Federal Motor Vehicle Safety Standard (FMVSS).

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Advanced Driver Assistance Systems (ADAS)” means an automated system that enhances vehicle safety and assists in reducing driver error.
(2)
“Adhesive bonding system” means an engineered system using chemical products, used together as a technique or process, to bond substrates.
(3)
“Anti-pinch mechanism” means a feature that reverses the window or panel direction of travel when resistance is encountered.
(4)
“Butyl” means a copolymer of isobutylene and isoprene.
(5)
“Equivalent retention system” means a system that meets or exceeds the vehicle manufacturer’s performance strength specifications or has been certified by the retention system manufacturer or private labeler as appropriate for the specific application.
(6)
“Final exam” means a comprehensive exam that evaluates the individual’s knowledge and skills, including but not limited to retention-system-specific replacement procedures, a variety of automotive safety issues, minimum drive-away time, environmental conditions as they affect retention system performance, federal safety requirements, and the basics of safe and effective automotive glass replacement.
(7)
“Full cut” means removing an existing bead of urethane to a height of approximately 1 to 2 mm wherever the residual bead is structurally sound and the substrate condition is not defective.
(8)
“Initialize”, “initialization”, or “re-initialization” means a procedure that re-establishes proper operation of the intended function.
(9)
“Minimum drive-away strength” means the minimum properties as defined and specified by the retention systems manufacturer or private labeler to meet the requirements of FMVSS 208 and 212 as it pertains to glass retention systems.
(10)
“Minimum drive-away time” means the time necessary for a given adhesive system to attain minimum drive-away strength after an adhesive bonded glass part is set in place.
(11)
“Polyurethane adhesive” means a thermoplastic polymer adhesive produced by the condensation reaction of polyisocyanate and a hydroxyl containing material.
(12)
“Private labeler” means any individual or corporation or the entity engaged in sale or distribution of a product labeled as its own, but manufactured by any different entity.
(13)
“Recalibration” means the process by which a vehicle’s Advanced Driver Assistance System is returned to the vehicle manufacturer’s specifications.
(14)
“Retention system” means any original equipment or equivalent method of glazing attachment.
(15)
“Those engaged in automotive glass replacement” refers to any individual, business, or organization that replaces automotive glass, including but not limited to individual technicians, automotive glass replacement businesses, automotive body shops, and dealerships.

Regulation .03 Incorporation by Reference.Copy Citation

A.
In this chapter, the following documents are incorporated by reference.
B.
Documents Incorporated.
(1)
American National Standard for Automotive Glass Replacement Safety Standard Motor (ANSI/AGSC/AGRSS), as amended, in conformity with Ch. 461 (H.B. 519), Acts of 2021;
(2)
American National Standard for Safety Glazing Materials for Glazing Motor Vehicles and Motor Vehicle Equipment Operating on Land Highways (ANSI/SAE Z26.1);
(3)
49 CFR §571.205 — Standard No. 205, Glazing Materials (FMVSS 205); and
(4)
49 CFR §571.205 — Standard No. 111; Rear Visibility.

Regulation .04 Vehicle Assessment Before Replacement.Copy Citation

A.
Those engaged in automotive glass replacement may not undertake or complete any installation unless first a thorough assessment of the vehicle has been made.
B.
If, after the assessment made under §A of this regulation, it has been determined that any discovered conditions on the vehicle could compromise the vehicle’s retention system, the technician may not undertake or complete the installation. The owner or operator then shall be so notified verbally and in writing.
C.
If, after the assessment made under §A of this regulation, it has been determined that the vehicle has an ADAS which could require recalibration after any automotive glass replacement, and the technician chooses not to follow Regulation .08I of this chapter, the technician may not undertake or complete the installation. The owner/operator then shall be so notified verbally and in writing. Documentation of customer notification shall be kept as a record in accordance with the provisions of Regulation .08G of this chapter. The technician shall provide the customer with a written statement that the work to be performed on the motor vehicle will meet or exceed the original equipment manufacturer specifications.
D.
The following vehicles are exempt from this chapter:
(1)
Registered as a Class L historic vehicle;
(2)
Registered as a Class N street rod vehicle; and
(3)
Registered as a Class K farm area/island vehicle.

Regulation .05 Selection of Glass and Retention Systems.Copy Citation

Those engaged in automotive glass replacement shall:
A.
Use glass products meeting the requirements of ANSI Z26.1 as required by Federal Motor Vehicle Safety Standard 205;
B.
Use either an original equipment manufacturer (OEM) approved retention system or equivalent retention system as certified in writing by the equivalent retention system manufacturer directly or through a private labeler;
C.
Obtain and follow written comprehensive and current application instructions from the retention systems manufacturer or private labeler, including at least:
(1)
The proper use of the retention system;
(2)
Storage specifications;
(3)
Minimum drive-away time charts containing temperature and humidity variables, if applicable; and
(4)
Any special procedures required for adverse weather conditions;
D.
Use only retention systems that have lot numbers and expiration dates printed on appropriate products;
E.
Use glass products compatible with the ADAS which may be affected/impacted by the glass replacement; and
F.
Use only equipment specifically designed and purposed for recalibration when recalibration of the ADAS is required by the vehicle manufacturer. Further:
(1)
Recalibration shall be completed using either an OEM-approved recalibration system/procedure, or equivalent recalibration procedure as assured in writing by the equivalent recalibration equipment manufacturer;
(2)
Equivalent recalibration equipment, and the procedures used in conjunction with that equipment, shall be represented in writing by the manufacturer as being suitable for and compatible with the accurate recalibration of ADAS on the vehicle specifically contained within that equipment’s database;
(3)
Recalibration equipment shall only be used on vehicles specifically covered within the device’s database/software and may not be used to recalibrate models beyond the scope of the software; and
(4)
Recalibration equipment may not be altered or modified without the express permission of the manufacturer, and all regular maintenance shall be sufficient to comply with the manufacturer’s requirements.

Regulation .06 Installation Standards — Adhesive Bonded.Copy Citation

A.
Those engaged in automotive glass replacement shall follow the adhesive manufacturer’s application instructions, as provided by the manufacturer directly or through the private labeler. All in-shop or mobile installations shall be performed under environmental and other conditions that are compatible with the application instructions required in Regulation .05 of this chapter.
B.
Products shall be stored and controlled according to manufacturers’ requirements as provided directly or through a private labeler.
C.
No automotive glass replacement shall be undertaken using an adhesive glass retention bonding system that would not achieve minimum drive-away strength by the time the vehicle may be reasonably expected to be operated.
D.
The vehicle owner/operator shall be notified prior to and after the installation process of the minimum drive-away time under the circumstances of the replacement.
E.
Adhesive shall be applied so that the finished bead cross-section profile and dimensions meet or exceed the original equipment configuration or recommendation of the adhesive system manufacturer.
F.
If the OEM installation was polyurethane, then the glass shall be replaced with polyurethane or an equivalent adhesive bonding system. If the OEM installation was butyl, polysulfide, or other non-polyurethane, and the vehicle is licensed for highway use, adhesive bonded stationary glass installations shall be performed using polyurethane or an equivalent retention system unless in conflict with current OEM specifications.
G.
All adhesive system component lot numbers shall be traceable to each job.
H.
All glass parts shall be traceable to the installation by a DOT number and part number.
I.
No product that has exceeded the manufacturer or private labeler’s stated expiration date, open shelf life, or active shelf life shall be used.
J.
All supplemental mechanical glass retention devices shall be replaced to original equipment specifications.
K.
When inappropriate replacement materials or methods are detected, those engaged in an automotive glass replacement shall report their findings to the vehicle owner or operator.
L.
When those engaged in automotive glass replacement correct inappropriate glass installations, they shall remove any inappropriate materials that would compromise the retention system. They shall fully correct any adverse glass installation related conditions caused by the use of inappropriate materials or methods, and they shall use appropriate methods pursuant to Regulation .05 of this chapter.
M.
When sealing air or water leaks within a polyurethane retention system, only compatible polyurethane adhesive shall be used. No silicone or butyl may be used.
N.
Only the full cut method should be used for polyurethane retention systems.

Regulation .07 Installation Standards — Rubber Gasket.Copy Citation

A.
If the OEM utilizes the combination of a rubber gasket and polyurethane as a retention system, an equivalent adhesive bonding system shall be used in the installation. In cases when the OEM did not include polyurethane or an equivalent adhesive system, such systems shall be used if later production models included the addition of adhesive systems without body style modification.
B.
If the OEM gasket installation did not include adhesive and the vehicle is licensed for highway use and is less than 10,000 pounds gross vehicle weight, the installation shall include polyurethane or an equivalent adhesive bonding system. The following vehicles are exempt:
(1)
Registered as a Class L historic vehicle;
(2)
Registered as a Class N street rod vehicle; and
(3)
Registered as a Class K farm area/island vehicle.
C.
When sealing air or water leaks within a rubber gasket or polyurethane adhesive system, only compatible polyurethane shall be used. No silicone or butyl may be used.

Regulation .08 Additional Requirements.Copy Citation

A.
All mechanically fastened automotive glass parts shall be replaced according to original equipment specifications.
B.
Glass parts, including custom cut parts, shall be marked in compliance with the certification requirements specified in FMVSS 205 and the marking requirements of ANSI Z26.1, incorporated by reference in Regulation .03 of this chapter, for those vehicles licensed for highway use.
C.
Those engaged in automotive mirror replacement shall install external and internal replacement mirrors that meet or exceed original equipment specifications and the requirements of 49 CFR §571.111 — Standard No. 111; Rear Visibility.
D.
Whenever OEM retention systems are modified on later production models without body style modification, the most current retention system shall be used in the replacement unless otherwise specified by the OEM.
E.
Notification of Defective Product.
(1)
A failure or defect in any product used or intended for use in the automotive glass replacement process that could jeopardize customer safety shall be reported promptly to the manufacturer or supplier of the product.
(2)
Any product installed by those engaged in automotive glass replacements that is discovered to be defective or capable of jeopardizing customer safety shall be immediately reported to the customer with an offer to remedy the situation.
F.
Those engaged in automotive glass replacement may not introduce any chemical agents, such as cleaners, solvents, lubricants, or release agents, or utilize any installation practice that will adversely affect the glass retention system.
G.
Those engaged in automotive glass replacement shall create and retain records of each auto glass replacement for a period of at least 3 years from the date the work was completed sufficient to demonstrate compliance with this standard. Records, either electronic or hard copy, shall be legible, easily identifiable, and readily available. The 3-year period may be temporarily shortened for specific, clear, and substantial reasons, but shall be adhered to when such reasons no longer exist.
H.
Those engaged in the repair, removal, or replacement of motorized windows and/or panels in automobiles that are equipped with anti-pinch mechanisms shall reset, initialize, and/or confirm their proper operation before the vehicle is released to its owner/operator. If the reset operation cannot be completed for any reason, the vehicle owner/operator shall be informed verbally and in writing of the failure to reset the system. In addition, the owner/operator shall be instructed to seek out a facility equipped to reset the system. The replacement glass installer is not responsible for the selection of any reset facility. Documentation of customer notification shall be kept as record pursuant to §G of this regulation.
I.
If the vehicle has an ADAS, it may require recalibration after any automotive glass replacement. Only trained personnel who elect to provide recalibration services may complete the recalibration, and only if they obtain and use proper equipment and provide the outcome of the recalibration to the owner/operator. If these conditions cannot be met, or if the automotive glass installer does not provide recalibration services, the owner/operator shall be advised prior to and at the completion of the installation that:
(1)
The vehicle has an ADAS;
(2)
After automotive glass replacement, the vehicle may require the recalibration of the ADAS;
(3)
The replacement glass installer will not recalibrate the ADAS;
(4)
There are locations where recalibration may be obtained; and
(5)
The replacement glass installer is not responsible for the selection of any recalibration location.

Regulation .09 Education.Copy Citation

A.
Technicians installing replacement automotive glass shall be fully qualified for the tasks they are required to perform. Such qualifications shall include, at a minimum, completion of a comprehensive training program, at least 3 hours every 3 years, with a final exam and an ongoing education component. The program shall include, among other things:
(1)
Automotive glass replacement safety issues;
(2)
An understanding of OEM installation standards and procedures;
(3)
Relevant technical specifications;
(4)
Adhesive system manufacturer specific comprehensive retention system training; and
(5)
The opportunity to apply and demonstrate the skills technicians learn.
B.
Technicians performing recalibration/calibration procedures shall be fully qualified for the tasks they are required to perform. Such qualifications shall include, at a minimum, completion of a comprehensive training program with a final exam and ongoing education component. Curriculum used for ADAS training shall be kept on file (in an auditable format) and shall contain the following elements:
(1)
What ADAS are, what they do, and how they function;
(2)
Types of ADAS;
(3)
Purpose of recalibration/calibration and the need for precise execution; and
(4)
Types of recalibration/calibration:
(a)
Static;
(b)
Dynamic; or
(c)
Dual (static and dynamic).
(5)
Comprehensive and manufacturer specific recalibration/calibration training for the system/equipment used by the automotive glass company are as follows:
(a)
Set up and operation of the equipment; and
(b)
Maintenance of the equipment.
(6)
Successful completion/mastery of the training shall be verified by a final exam which includes:
(a)
Knowledge assessment of ADAS and the recalibration/calibration process; and
(b)
Skill assessment to verify proper technique and use of equipment.
C.
Training with respect to the content and requirements of the current version of ANSI/AGSC/AGRSS shall be required for all personnel directly involved in the automotive glass replacement process and may include, for example, scheduling, purchasing, installing, customer service, quality control, and management. Records of this training detailing content, date, participants, and acknowledgment of the participant’s successful completion of the training and receipt of a printed copy of the current standard shall be maintained.

Chapter 13. Golf Cart

Regulation .01 Purpose.Copy Citation

The purpose of this chapter is to provide minimum requirements for the operation of a golf cart on designated county and municipal highways.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Golf cart” means a small, four-wheeled vehicle powered by a gasoline or electric motor with:
(a)
Seating designed to carry more than one occupant;
(b)
A maximum capable speed of not more than 20 miles per hour;
(c)
A windshield; and
(d)
A steering wheel.
(2)
“Golf cart” does not mean:
(a)
A motor vehicle as defined in Transportation Article, §11-135, Annotated Code of Maryland;
(b)
A low-speed vehicle as defined in Transportation Article, §11-130.1, Annotated Code of Maryland;
(c)
An off highway recreational vehicle as defined in Transportation Article, §11-140.1, Annotated Code of Maryland; or
(d)
A motor vehicle capable of being registered as any other vehicle classification under the Transportation Article of the Annotated Code of Maryland.

Regulation .03 Equipment Requirements.Copy Citation

A.
To operate a golf cart on a designated county or municipal highway, the golf cart shall be equipped with:
(1)
Red reflectors at the rear of the vehicle, and yellow or amber reflectors to the front and sides of the vehicle;
(2)
At least one red tail lamp to illuminate the rear of the vehicle, and to indicate the direction of travel;
(3)
At least one amber or yellow park lamp to illuminate the front of the vehicle, and to indicate the direction of travel; and
(4)
At least one white projecting beam lamp (head lamp) mounted so that the lamp does not adversely affect the vision of the operators of other vehicles.
B.
Other Department of Transportation (DOT) automotive lighting equipment may be installed on the golf cart, but is not required to be in place.
C.
Off-road type lighting equipment including spotlights, floodlights, and other lights that are not intended for vehicle on road use, may not be operated while the golf cart is being operated on designated highways, including road shoulders.