Title 11 — Subtitle 15. Motor Vehicle Administration — Vehicle Registration

Chapter 01. Gratis Registration Plates

Repealed

Chapter 02. Transporter Registration Plates

Regulation .01 Application.Link Copy Citation

Applicants for transporter registration shall make application to the Administration on forms prescribed by the Administration.

Regulation .02 Requirements.Link Copy Citation

The fixed location shall meet all local zoning regulations.

A current trader's license shall be issued if required by the political subdivision for the location shown on the application for transporter registration.

Chapter 03. Recreational Vehicles

Regulation .01 Definitions.Link Copy Citation

In these regulations, the following terms have the meanings indicated.

Terms Defined.

(1)

For the purpose of administering the provisions of Transportation Article, §13-937, Annotated Code of Maryland, and defining a motor home under Commercial Law Article, §14-1501, Annotated Code of Maryland, a “motor home” means a vehicle:

(a)

Designed to provide temporary living quarters, built into as an integral part of, or permanently attached to, a self-propelled motor vehicle chassis or van; and

(b)

Containing permanently installed life support systems which provide at least four of the following facilities:

(i)

Cooking,

(ii)

Refrigeration or ice box,

(iii)

Self-contained toilet,

(iv)

Heating, air conditioning, or both,

(v)

A potable water supply system including a faucet and sink,

(vi)

Separate 110—125 volt electrical power supply, or

(vii)

an LP gas supply.

(2)

A “motor vehicle”, as defined under Commercial Law Article, §4-1501, Annotated Code of Maryland, does not include a motor home as defined in this regulation.

Regulation .02 Registration Plate.Link Copy Citation

A motor home shall display a Class M (multipurpose passenger vehicle) registration plate.

Chapter 04. Class B Vehicle Requirements

Regulation .01 Application for Exemption Certificate.Link Copy Citation

Before the issuance of any Class B registration plates by the Administration, the owner of any passenger vehicle which is used to transport passengers for hire shall file an application for an exemption certificate with the Public Service Commission, in such a manner and on such forms as may be prescribed by the Public Service Commission, except in the following cases:

(1)

Vehicles used by bona fide funeral directors, which are exclusively owned and operated by and for funeral establishments;

(2)

Taxicabs operating in a jurisdiction regulated by the Public Service Commission, where taxicab permits are issued.

Upon approval for an exemption certificate by the Public Service Commission and upon presentation to this administration of the certificate, the owner of the passenger vehicles which are transporting passengers for hire may make application for and be issued Class B Registration Plates.

Nothing in these regulations shall be construed as prohibiting the display of Class B registration plates instead of Class C registration plates for vehicles used also by funeral establishments or used as ambulances.

Chapter 05. Unorthodox Vehicles

Regulation .01 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Constructed vehicle” means any vehicle which has been assembled by anyone other than a manufacturer of vehicles, and the chassis of another vehicle which has been assembled by a bona fide manufacturer was not used during the course of construction.

(2)

“Reconstructed vehicle” means any vehicle which has been assembled from the chassis and other parts of vehicles which were originally constructed by bona fide manufacturers of vehicles.

(3)

Unorthodox Vehicle.

(a)

“Unorthodox vehicle” means a vehicle which is unusual in design and which deviates from the types of vehicles required to be titled and registered under the provisions of Transportation Article, Title 13, Annotated Code of Maryland, regardless if the vehicle was assembled by a bona fide vehicle manufacturer or by any other person.

(b)

“Unorthodox vehicle” includes motorized wheel chairs, minibikes, trail machines, beach buggies, dune buggies, and any other similar type of vehicle.

Regulation .01-1 Incorporation by Reference.Link Copy Citation

In this chapter, the following document is incorporated by reference.

Document Incorporated. 49 CFR §§571.101—571.302 (1993).

Regulation .02 Vehicles to be Registered as Class A Passenger Vehicles.Link Copy Citation

Constructed, reconstructed, or unorthodox vehicles to be registered as Class A passenger vehicles shall:

Be inspected and approved by an authorized Maryland inspection station before applying for title and registration;

Be equipped with the equipment and mechanisms required by Transportation Article, Title 22, Annotated Code of Maryland, which shall be inspected and approved by an authorized Maryland inspection station; and

Comply with the provisions of 49 CFR §§571.101—571.302, which are incorporated by reference.

Regulation .03 Vehicles to be Registered as Class D Motorcycles.Link Copy Citation

Constructed, reconstructed, or unorthodox vehicles to be registered as Class D motorcycles shall:

(1)

Be equipped with the equipment and mechanisms required by Transportation Article, Title 22, Annotated Code of Maryland; and

(2)

Comply with the provisions of 49 CFR §§571.101—571.302, which are incorporated by reference.

The owners of constructed, reconstructed, or unorthodox vehicles to be registered as Class D motorcycles shall certify that the vehicle complies with the provisions of §A of this regulation.

Regulation .04 Vehicles to be Registered as Class E Trucks.Link Copy Citation

Constructed, reconstructed, or unorthodox vehicles to be registered as Class E trucks shall meet the requirements in §§B—D of this regulation.

The original design of the vehicle shall be for the purpose of transporting freight or merchandise and the use of the vehicle shall be restricted to that purpose.

Hauling Compartment.

(1)

A vehicle shall be built in such a manner as to provide a hauling compartment which shall:

(a)

Be permanently attached to the vehicle;

(b)

Be separated from the passenger compartment; and

(c)

Have a capacity of at least 12 cubic feet.

(2)

The trunk of a passenger vehicle or the rear portion of a station wagon, when the seats are folded down or removed, is not considered a hauling compartment.

A vehicle shall be equipped with equipment and mechanisms which comply with the provisions of Transportation Article, Title 22, Annotated Code of Maryland, and 49 CFR §§571.101—571.302, which are incorporated by reference.

Chapter 06. Historic Motor Vehicles

Repealed

Chapter 07. Special Registration Number — Personalized Plates

Repealed

Chapter 08. Special Mobile Equipment

Regulation .01 Purpose.Link Copy Citation

These regulations clarify the definition of special mobile equipment contained in Transportation Article, § 11-159, Annotated Code of Maryland, and set out the special application procedures to be followed in order to obtain special mobile equipment registration designation.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Administration” means the Motor Vehicle Administration.

(2)

“Special mobile equipment (SME)” means a vehicle as defined in Transportation Article, §11-159, Annotated Code of Maryland, and these regulations.

Regulation .03 Eligibility Factors For Special Mobile Equipment Designation.Link Copy Citation

Special mobile equipment may not be designed primarily for the highway transportation of people or property.

Self-propelled special mobile equipment may not be designed to transport more than two individuals.

Special mobile equipment may have only minimal hauling capacity and may haul only the property or equipment necessary to operate the SME.

Regulation .04 Application Procedures.Link Copy Citation

Application for special mobile equipment registration plates shall be made on the forms provided by the Administration and shall be submitted to the Licensing and Consumer Services Division of the Administration.

Photographs of each type of equipment sought to be designated as special mobile equipment shall be submitted with the application.

An inspection of the type of equipment sought to be designated as special mobile equipment may be conducted by the Administration or the Maryland State Police.

The Administration shall refuse to issue special mobile equipment registration plates:

(1)

To an applicant who has not complied with the requirements of this chapter;

(2)

For any vehicle which it determines does not meet the definition of special mobile equipment or does not otherwise qualify for the registration designation under this chapter.

Regulation .05 Suspension or Revocation of Special Mobile Equipment Plates.Link Copy Citation

The Administration may cancel, suspend, or revoke special mobile equipment registration plates if it determines that:

During the period for which the SME registration plates were issued the vehicle was used in a manner rendering it ineligible for SME registration plates;

The SME registration plates were used on a vehicle other than the type of equipment represented to this Administration under Regulation .04B of this chapter; or

The SME registration is otherwise subject to cancellation, suspension, or revocation under Transportation Article, §13-705, Annotated Code of Maryland.

Chapter 09. Temporary Registration

Regulation .01 Purpose of Temporary Registration.Link Copy Citation

In order to allow an applicant for title and registration the means to transport a vehicle to be titled and registered to and from an authorized Maryland inspection station, weighing station, or repair facility, the Motor Vehicle Administrator may permit the issuance of temporary registration in accordance with Transportation Article, §13-405, Annotated Code of Maryland, upon the submission of application for title and registration accompanied by the proper fees as set forth in COMAR 11.11.05.

Regulation .02 Term of Validity of Temporary Registration.Link Copy Citation

The temporary registration shall be valid for a period not to exceed 60 days succeeding the date of issuance. The temporary registration shall be used by the applicant for the purpose of transporting a vehicle to and from an authorized Maryland inspection station, weighing station, or repair facility to have the vehicle inspected, weighed, or repaired in compliance with the Transportation Article, Annotated Code of Maryland.

Regulation .03 Instructions for Use of Temporary Plates.Link Copy Citation

Upon receipt of the temporary registration, the applicant shall affix the metal registration plates on the vehicle as required by Transportation Article, §13-411, Annotated Code of Maryland. The temporary registration card shall be carried in the vehicle during its validity as required by the Transportation Article, §13-409, Annotated Code of Maryland.

Regulation .04 Expiration of Temporary Registration.Link Copy Citation

The temporary registration expires at midnight on the expiration date indicated on the temporary registration.

New validation tabs and a registration card shall be issued by the Administration:

(1)

On receipt of a valid vehicle inspection certificate issued by an authorized Maryland inspection station certifying that the vehicle has passed a safety inspection; and

(2)

Upon payment of the required fees as set forth in COMAR 11.11.05.

Regulation .05 Repealed.Link Copy Citation

Regulation .06 Scope.Link Copy Citation

The provisions of these regulations apply only to sales between persons who are not licensed dealers.

Chapter 10. Amateur Radio Operator Registration Plates

Regulation .01 Issuance of Amateur Radio Operator Registration Plates.Link Copy Citation

Amateur radio vehicle registration plates shall be issued to owners of Class A passenger vehicles or Class E truck vehicles with a 1-ton or less manufacturer's rated capacity. The Administration, at its discretion, may issue Class A or Class E vehicle registration plates to applicants for amateur radio registration plates during the period of time required to manufacture the amateur radio registration plates.

In every instance, upon issuance of the amateur radio registration plates, the applicant shall surrender the previously issued Class A or Class E registration plates.

The fee for amateur radio registration plates is as set forth in COMAR 11.11.05.

Chapter 11. Registration Transfer

Regulation .01 Repealed.Link Copy Citation

Regulation .02 Transfer of Registration Plates.Link Copy Citation

Registration plates may be transferred to a newly acquired vehicle within the same classification provided:

(1)

(1) Except as provided in Transportation Article, §13-503.1(b)(5), Annotated Code of Maryland, the ownership of the newly acquired vehicle has not changed from the name in which the plates are currently issued; and

(2)

The registration and transfer fee as set forth in COMAR 11.11.05.04 is paid in full.

Registration plates may be transferred to a newly acquired vehicle outside of the same classification provided:

(1)

Except as provided in Transportation Article, §13-503.1(b)(5), Annotated Code of Maryland, the ownership of the newly acquired vehicle has not changed from the name in which the plates are currently issued;

(2)

The vehicle classification of the newly acquired vehicle is class A, E, or M;

(3)

The vehicle classification of the vehicle to which the plates are currently issued is class A, E, or M; and

(4)

The registration and transfer fee as set forth in COMAR 11.11.05.04 is paid in full.

If registration plates are transferred and less than 12 months remain in the registration year, the Administration may renew the registration plates for 1 year in addition to the period remaining on the original registration term.

Substitute registration plates may be issued for unrecovered plates on an unrecovered stolen vehicle, provided the Administration has a record of the stolen vehicle. The substitute plates may then be transferred pursuant to this regulation.

Regulation .03 Transfer of Registration Plates—Surviving Spouse.Link Copy Citation

Registration plates may be transferred to a surviving spouse upon completion of a title transfer pursuant to COMAR 11.15.14.05.

The Administration shall not impose a tag transfer fee if the vehicle is being transferred to a surviving spouse.

Chapter 12. Titling and Multiyear Registration for Fleet Vehicles

Regulation .01 Purpose.Link Copy Citation

The purpose of this chapter is to establish regulations to govern the issuance of titles and multiyear registrations for fleet vehicles.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Administration” means the Motor Vehicle Administration.

(2)

“Administrator” means the Administrator of the Motor Vehicle Administration.

(3)

“Fleet” means 10 or more vehicles.

(4)

“Multiyear registration period” means a period of up to 4 years.

(5)

“Owner” means a person, or persons, in whose name, or names, a vehicle is properly registered.

Regulation .03 Title Process.Link Copy Citation

The owner of fleet vehicles may apply electronically for a Maryland title.

All paperwork and fees shall be submitted to the Administration within 5 days of submission of the electronic title application.

The Administration may suspend the fleet registration privileges of any owner who does not submit the paperwork and fees within 5 days from submission of the electronic title application.

Regulation .04 Temporary Authorization Certificate.Link Copy Citation

A temporary authorization certificate may be obtained for a fleet vehicle upon receipt of an electronic application for title.

A temporary authorization certificate issued under this regulation is:

(1)

Not transferable; and

(2)

Not subject to a fee.

Regulation .05 Multiyear Registration.Link Copy Citation

Fleet vehicles are eligible for a multiyear registration period.

(1)

Except as provided in §§A(2) and (3) of this regulation, the owner of a fleet vehicle may renew a fleet vehicle registration for a period of 2, 3 or 4 years.

(2)

The following classes of fleet vehicle registrations may be renewed for a period of 1, 2, or 3 years:

(a)

Class E, trucks with a gross vehicle weight of 10,000 pounds to 54,000 pounds; and

(b)

Class F, tractors with a gross vehicle weight of up to 54,000 pounds.

(3)

The following classes of fleet vehicle registrations shall be renewed annually:

(a)

Class E, trucks with a gross vehicle weight of 55,000 pounds or more;

(b)

Class F, tractors with a gross vehicle weight of 55,000 pounds or more;

(c)

Class J, van pool;

(d)

Class P, passenger buses; and

(e)

Class T, tow trucks.

The annual registration fees are as set forth in Transportation Article, Title 13, Annotated Code of Maryland.

Whenever a prorated fee is assessed, the amount shall be calculated by dividing the annual registration fee by the number of months for which the issuance or renewal is made.

If a vehicle issued a multiyear fleet registration is sold or traded:

(1)

The registration plates shall be:

(a)

Removed from the vehicle and returned to the Administration for cancellation; or

(b)

Transferred to another vehicle as provided in Transportation Article, §13-502.1, Annotated Code of Maryland.

(2)

A refund shall be issued as provided in Transportation Article, §13-413, Annotated Code of Maryland.

Regulation .06 Lost or Damaged Plates.Link Copy Citation

The owner shall immediately notify the Administration, in writing, when any multiyear registration plates are lost or stolen.

When multiyear registration plates become damaged, mutilated, or illegible, the owner shall:

(1)

Return the plates to the Administration;

(2)

Make application for substitute plates; and

(3)

Pay the required fee as set forth in COMAR 11.11.05.

Chapter 13. Issuance of a Nonresident Permit

Regulation .01 Purpose and Scope.Link Copy Citation

The purpose of these regulations is to require a nonresident who temporarily occupies or maintains a dwelling in this State for a period in excess of 30 days to obtain, upon application, a nonresident permit instead of registration.

This chapter applies to the following:

(1)

An individual who is not a resident as defined in Transportation Article, §11-149, Annotated Code of Maryland, and COMAR 11.11.06.02;

(2)

An individual temporarily employed in Maryland for a period not to exceed 1 year;

(3)

A nonresident who is a student enrolled in an accredited school, college, or university in this State, a bordering state, or the District of Columbia, or who is serving a medical internship in this State for a period in excess of 30 days;

(4)

A member of the armed forces of the United States or of the United States Public Health Service serving on active duty in this State, an adjoining state, or the District of Columbia; or

(5)

A visitor or vacationer temporarily maintaining or occupying a dwelling in this State for a period not to exceed 1 year, and maintaining a permanent dwelling in another state.

Regulation .02 Certification of Nonresidency.Link Copy Citation

An applicant applying for a nonresident permit under this chapter shall provide proof satisfactory to the Administration of the applicant's nonresident status.

Proof of Nonresidency.

(1)

An applicant temporarily employed in Maryland shall provide a letter on company letterhead from the applicant's employer indicating the length of the applicant's employment in Maryland.

(2)

An applicant who is a student shall provide:

(a)

Valid student identification; or

(b)

A college registration receipt indicating current enrollment.

(3)

An applicant who is a member of the armed forces of the United States shall provide:

(a)

A valid U.S. military identification card; or

(b)

Written verification from the applicant's commanding officer.

(4)

An applicant visiting or vacationing in Maryland shall provide a written statement setting forth the reason and length of stay in Maryland.

Regulation .03 Evidence of Required Security.Link Copy Citation

An applicant shall provide proof that the vehicle for which the permit is to be issued is covered by the minimum amount of vehicle liability insurance required by Transportation Article, §17-103, Annotated Code of Maryland.

Regulation .04 Fees.Link Copy Citation

A nonrefundable fee as set forth in COMAR 11.11.05 shall be assessed each time new or substitute nonresident permits are issued or renewed. This fee may not be prorated.

Regulation .05 Placement of Permit.Link Copy Citation

Upon receipt of the nonresident permit, the applicant shall affix the sticker to the inside of the front windshield in the lower right corner within a 7-inch square of the corner.

On trailers, motorcycles, and any vehicle without a windshield, the nonresident permit shall be affixed in a position on the vehicle that is readily visible.

Regulation .06 Nonresident Registration.Link Copy Citation

The registration issued with the permit shall be kept with the vehicle and exhibited upon demand to any law enforcement personnel.

Regulation .07 Expiration and Renewal of Nonresident Permit.Link Copy Citation

A nonresident permit issued under Regulation .02B(1) and (4) of this chapter expires within 1 year of the issuance of the original permit and may not be renewed or reissued.

A nonresident permit issued under Regulation .02B(2) of this chapter expires annually, but may be renewed if otherwise eligible under Transportation Article, §13-402.1(d), Annotated Code of Maryland.

A nonresident permit issued under Regulation .02B(3) of this chapter may be renewed if the registration plates of the vehicle to which it is issued are valid.

A nonresident permit issued under Regulation .02B(4) of this chapter is valid for a period not to exceed 6 months in any 1 calendar year.

Upon expiration of the permit, the applicant shall apply for:

(1)

Maryland registration; or

(2)

A second nonresident permit if the:

(a)

Vehicle for which it is issued displays current registration plates certified by the owner's state or country, and

(b)

Applicant is eligible for a renewal under this regulation and Transportation Article, §13-402.1, Annotated Code of Maryland.

Regulation .08 Issuance of a Nonresident Permit by an Agent.Link Copy Citation

The Administration may designate agents to issue nonresident permits.

An agent shall be a:

(1)

Maryland-accredited school, college, or university;

(2)

County government, as defined in COMAR 11.15.18.01; or

(3)

Municipality.

Agents issuing nonresident permits shall ensure that applicants comply with the provisions of Regulations .01—.07 of this chapter.

In addition to the fee set forth in Regulation .04 of this chapter, agents may collect and retain a fee not to exceed $4 to offset any expenses incurred in issuing nonresident permits.

Chapter 14. Certificates of Title

Regulation .01 Purpose.Link Copy Citation

The purpose of this chapter is to specify the documents and information needed for the Administration to issue a certificate of title for a vehicle and to clarify the Administration's policy regarding the refusal to issue a certificate of title for a vehicle if an applicant fails to furnish certain information or documents required by statute or regulation for the following title transaction types:

New vehicles;

Used vehicles sold by a dealer;

Used vehicles sold or transferred from someone other than a dealer;

Used vehicles titled in the applicant's name in another jurisdiction and now being titled in Maryland;

Vehicles being titled as a result of a repossession;

Vehicles being titled as a result of a mechanic's lien;

Vehicles being titled as the result of a sheriff's sale;

Vehicles being titled by a court order;

Reconstructed vehicles;

Glider kits and kit cars;

Homemade trailers; and

Kit trailers.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Administration” means the Motor Vehicle Administration.

(2)

“Applicant” means the person requesting a certificate of title for a vehicle.

(3)

“ASED” means the Automotive Safety Enforcement Division of the Department of State Police.

(4)

“Bill of sale” means a written statement certifying the:

(a)

Ownership of something has been transferred; and

(b)

Exchange of property for an agreed sum of money or other valuable consideration.

(5)

Certificate of Title.

(a)

“Certificate of title” means a document or electronic record evidencing ownership and commonly associated with motor vehicles.

(b)

“Certificate of title” does not include a salvage certificate.

(6)

“Dealer” has the meaning stated in Transportation Article, §11-111, Annotated Code of Maryland.

(7)

“Vehicle” has the meaning stated in Transportation Article, §11-176, Annotated Code of Maryland.

(8)

“Vehicle identification number (VIN)” has the meaning stated in Transportation Article, §11-177, Annotated Code of Maryland.

Regulation .03 New Vehicles.Link Copy Citation

An applicant for a certificate of title for a new vehicle shall provide the Administration with:

(1)

A certificate of origin;

(2)

A completed application for a certificate of title;

(3)

A dealer's reassignment or reassignments;

(4)

A dealer's bill of sale; and

(5)

An odometer disclosure certification as required by COMAR 11.13.06.

Instead of a dealer's bill of sale, Maryland dealers may complete the purchase price certification on an application for a certificate of title or a dealer's reassignment.

The Administration shall refuse to issue a certificate of title if:

(1)

The required documents are not furnished or the information is incomplete;

(2)

The seller's or applicant's signature is signed by an individual to whom power of attorney is granted and the writing granting the power of attorney is not furnished;

(3)

The applicant is a trust and the trust agreement naming the trust and designating the trustee or trustees is not furnished;

(4)

A transaction involves a bankruptcy and a copy of the court appointment for the bankruptcy trustee is not furnished;

(5)

A transaction involves a legal dependent and a copy of a court appointment for the legal guardian is not furnished;

(6)

An error or alteration in the documents furnished has occurred and a letter of explanation or certified statement does not clarify the error or alteration to the satisfaction of the Administration;

(7)

The lien holder to be recorded is someone other than a dealer or bona fide lending institution and a lien contract is not furnished;

(8)

The vehicle is an unrecovered stolen vehicle and a letter from the insurance company requesting issuance of a title in order to satisfy the claim is not furnished;

(9)

Certain documents are lost or omitted and the applicant fails to furnish:

(a)

A letter of indemnification which is subject to the approval of the Administration; and

(b)

Photocopies of lost documents;

(10)

The owner or purchaser is deceased and the personal representative, legatee, distributee, legal heir, or surviving spouse has not provided as required:

(a)

Letters of administration/testamentary;

(b)

A legal heir form; or

(c)

A death certificate;

(11)

For a mobile home, a receipt from the Compliance Division of the Comptroller of the Treasury, which shows that the retail sales tax has been paid on a mobile home, is not furnished;

(12)

The vehicle is an import and the following documents are not furnished:

(a)

One of the following:

(i)

Appropriate U.S. Customs forms; or

(ii)

If imported by a member of the U.S. military, Form DD788 or DD1252, and a copy of military orders or a Maryland driver's license; and

(b)

If the vehicle does not comply with U.S. Department of Transportation or U.S. Environmental Protection Agency requirements:

(i)

Receipts for conversion work, or

(ii)

A bond release letter;

(13)

The applicant has requested a replacement VIN but has not:

(a)

Furnished an application for an assigned VIN; or

(b)

Had a VIN inspection completed by an authorized police officer in this State;

(14)

The vehicle is a two-stage vehicle and both certificates of origin are not presented; or

(15)

The vehicle is purchased directly from a manufacturer and an invoice is not presented.

Regulation .04 Used Vehicles Sold by a Dealer.Link Copy Citation

An applicant for a certificate of title to be issued for a used vehicle sold by a dealer shall provide the Administration with:

(1)

A properly assigned certificate of title or other acceptable ownership document or electronic record from the jurisdiction in which the vehicle was last registered;

(2)

A completed application for a certificate of title;

(3)

A dealer's reassignment or reassignments;

(4)

A dealer's bill of sale;

(5)

Except for §C(14) of this regulation, a Maryland safety inspection certificate; and

(6)

An odometer disclosure certification as required by COMAR 11.13.06.

Instead of a dealer's bill of sale, Maryland dealers may complete the purchase price certification on the application for a certificate of title or dealer's reassignment.

The Administration shall refuse to issue a certificate of title if:

(1)

The required documents are not furnished or the information is incomplete;

(2)

The seller's or applicant's signature is signed by an individual to whom power of attorney is granted and the writing granting the power of attorney is not furnished;

(3)

The applicant is a trust and the trust agreement naming the trust and designating the trustee or trustees is not furnished;

(4)

A transaction involves a bankruptcy and a copy of the court appointment for the bankruptcy trustee is not furnished;

(5)

A transaction involves a legal dependent and a copy of a court appointment for the legal guardian is not furnished;

(6)

An error or alteration in the documents furnished has occurred and a letter of explanation or certified statement does not clarify the error oralteration to the satisfaction of the Administration;

(7)

The lien holder to be recorded is someone other than a dealer or bona fide lending institution and a lien contract is not furnished;

(8)

The vehicle is an unrecovered stolen vehicle and a letter from the insurance company requesting issuance of a title in order to satisfy the claim is not furnished;

(9)

Certain documents are lost or omitted and the applicant fails to furnish:

(a)

A letter of indemnification which is subject to the approval of the Administration; and

(b)

Photocopies of the lost documents;

(10)

The owner or purchaser is deceased and the personal representative, legatee, distributee, legal heir, or surviving spouse has not provided:

(a)

Letters of administration/testamentary;

(b)

A legal heir form; or

(c)

A death certificate;

(11)

For a mobile home, a receipt from the Compliance Division of the Comptroller of the Treasury, which shows that the retail sales tax has been paid on a mobile home sold before January 1, 1989, is not furnished;

(12)

The vehicle is an import and the following documents are not furnished:

(a)

One of the following:

(i)

Appropriate U.S. Customs forms; or

(ii)

If imported by a member of the U.S. military, Form DD788 or DD1252, and a copy of military orders or a Maryland driver's license; and

(b)

If the vehicle does not comply with U.S. Department of Transportation or U.S. Environmental Protection Agency requirements:

(i)

Receipts for conversion work; or

(ii)

A bond release letter;

(13)

The vehicle was subject to a security interest and a proper termination statement is not furnished:

(a)

On a Maryland Notice of Security Interest Filing form;

(b)

On a title;

(c)

On a letter on the lien holder's letterhead; or

(d)

By electronic transmission from an approved vendor;

(14)

Except for trucks with a gross vehicle weight of 1 ton or more, truck tractors, and freight trailers, which Maryland dealers may sell without an inspection, the vehicle was sold by a Maryland dealer and the:

(a)

Vehicle's most current safety inspection is over 6 months old;

(b)

Vehicle has traveled more than 1,000 miles since the inspection certificate was issued; or

(c)

Vehicle was sold uninspected for dismantling or rebuilding and the dealer has not furnished a statement to indicate that the vehicle was sold for dismantling or rebuilding;

(15)

The ownership document is a salvage certificate from this State or another state and the inspection by a police officer in this State who is authorized to inspect salvage vehicles has not been furnished;

(16)

The applicant has requested a replacement VIN but has not:

(a)

Furnished an application for an assigned VIN; or

(b)

Had a VIN inspection completed by an authorized police officer in this State; or

(17)

The ownership document is a salvage certificate branded “Not Rebuildable — Parts Only — Not To Be Retitled”.

Regulation .05 Used Vehicles Sold or Transferred from Someone Other Than a Dealer.Link Copy Citation

An applicant for a certificate of title for a used vehicle transferred from someone other than a dealer shall provide the Administration with a:

(1)

Properly assigned certificate of title or other ownership document or electronic record acceptable to the Administration from the jurisdiction in which the vehicle was last registered; and

(2)

Completed application for a certificate of title.

The Administration shall refuse to issue a certificate of title if:

(1)

The required documents are not furnished or the information is incomplete;

(2)

The seller's or applicant's signature is signed by an individual to whom power of attorney is granted and the writing granting the power of attorney is not furnished;

(3)

The applicant is a trust and the trust agreement naming the trust and designating the trustee or trustees is not furnished;

(4)

A transaction involves a bankruptcy and a copy of the court appointment for the bankruptcy trustee is not furnished;

(5)

A transaction involves a legal dependent and a copy of a court appointment for the legal guardian is not furnished;

(6)

An error or alteration in the documents furnished has occurred and a letter of explanation or certified statements does not clarify the error or alteration to the satisfaction of the Administration;

(7)

The lien holder to be recorded is someone other than a dealer or bona fide lending institution and a lien contract is not furnished;

(8)

The vehicle is an unrecovered stolen vehicle and a letter from the insurance company requesting issuance of a title in order to satisfy the claim is not furnished;

(9)

Certain documents are lost or omitted and the applicant fails to furnish:

(a)

A letter of indemnification which is subject to the approval of the Administration; and

(b)

Photocopies of lost documents;

(10)

The owner or purchaser is deceased and the personal representative, legatee, distributee, legal heir, or surviving spouse has not provided as required:

(a)

Letters of administration/testamentary;

(b)

A legal heir form; or

(c)

A death certificate;

(11)

(12)

The vehicle is an import and the following documents are not furnished:

(a)

One of the following:

(i)

Appropriate U.S. Customs forms; or

(ii)

If imported by a member of the U.S. military, Form DD788 or DD1252, and a copy of military orders or a Maryland driver's license; and

(b)

If the vehicle does not comply with U.S. Department of Transportation or U.S. Environmental Protection Agency requirements:

(i)

Receipts for conversion work, or

(ii)

A bond release letter;

(13)

The vehicle was subject to a security interest and a proper termination statement is not furnished:

(a)

On a Maryland Notice of Security Interest Filing form;

(b)

On a title;

(c)

On a letter on the lien holder's letterhead; or

(d)

By electronic transmission from an approved vendor;

(14)

(15)

The applicant has requested a replacement VIN but has not:

(a)

Furnished an application for an assigned VIN; or

(b)

Had a VIN inspection completed by an authorized police officer in this State;

(16)

The ownership document is a salvage certificate branded “Not Rebuildable — Parts Only — Not To Be Retitled”;

(17)

The vehicle is less than 7 years old and the applicant:

(a)

Did not furnish a notarized bill of sale; and

(b)

Refuses to pay excise tax based on the greater of the purchase price or the book value of the vehicle;

(18)

The purchase price on the title is left blank and the applicant fails to produce a bill of sale;

(19)

The assignment of ownership is signed by the seller, but:

(a)

The space provided for the purchaser's name is left blank; and

(b)

A bill of sale is not furnished;

(20)

A Maryland titled vehicle is transferred as a gift between family members and the applicant fails to furnish a:

(a)

Gift certification form; and

(b)

Proof of relationship certification;

(21)

A vehicle with an open lien is transferred as a gift between a parent and child, and the transferor and transferee fail to furnish a statement signed by both parties, identifying the individual who:

(a)

Paid the down payment;

(b)

Paid the taxes;

(c)

Made all previous payments; and

(d)

Incurred the obligation for continued payment; or

(22)

The vehicle is transferred as a result of a divorce and the divorce decree is not furnished.

Regulation .06 Used Vehicles Transferred from Another Jurisdiction to Maryland.Link Copy Citation

An applicant for a certificate of title for a used vehicle presently titled in the applicant's name in another jurisdiction and who is now applying for a Maryland certificate of title shall provide the Administration with an:

(1)

Out-of-State title or other acceptable ownership document or electronic record from the jurisdiction where the vehicle was last registered; and

(2)

Application for a Maryland certificate of title.

The Administration shall refuse to issue a certificate of title if:

(1)

The required documents and information are not submitted or are not complete;

(2)

The out-of-State title or other acceptable ownership document or electronic record is held by a lien holder and the lien holder refuses to relinquish the title or other ownership document to the Administration;

(3)

The ownership document presented to the Administration is a:

(a)

Nonnegotiable title; or

(b)

Memorandum title;

(4)

The application for a certificate of title is signed by an individual to whom power of attorney is granted and the writing granting the power of attorney is not furnished;

(5)

The application is signed by a legal guardian and the court appointment is not furnished;

(6)

The applicant's name has changed through marriage, divorce, court order, or other method and a change of name and address notice and proof of the name change such as a marriage certificate, divorce decree, or court order is not furnished;

(7)

The vehicle previously had a salvage certificate issued in this State or another state and a VIN inspection has not been completed by a police officer of this State authorized to inspect salvage vehicles;

(8)

The vehicle was previously salvaged in this State or another state and has been branded “Parts Only — Not Rebuildable”;

(9)

The vehicle is an import and the following documents are not furnished:

(a)

One of the following:

(i)

Appropriate U.S. Customs forms; or

(ii)

If imported by a member of the U.S. military, Form DD788 or DD1252, and a copy of military orders or a Maryland driver's license; and

(b)

If the vehicle does not comply with U.S. Department of Transportation or U.S. Environmental Protection Agency requirements:

(i)

Receipts for conversion work, or

(ii)

A bond release letter;

(10)

The applicant has requested a replacement VIN but has not:

(a)

Furnished an application for an assigned VIN number; or

(b)

Had a VIN inspection completed by an authorized police officer in this State;

(11)

An error or alteration in the documents furnished has occurred and a letter of explanation or certified statement does not clarify the error to the satisfaction of the Administration;

(12)

Certain documents are lost or omitted and the applicant fails to furnish:

(a)

A letter of indemnification subject to the approval of the Administration; and

(b)

Photocopies of lost documents; or

(13)

The ownership document is a salvage certificate branded “Not Rebuildable — Parts Only — Not to be Retitled”, or with an equivalent term.

Regulation .07 Vehicles Being Titled Because of Repossessions.Link Copy Citation

An applicant for a certificate of title for a vehicle which has been repossessed shall provide the Administration with:

(1)

A Notice of Security Interest Filing form;

(2)

An out-of-State title or other ownership document acceptable to the Administration;

(3)

A certification of repossession;

(4)

An assignment of ownership or bill of sale;

(5)

An odometer disclosure certification as required by COMAR 11.13.06;

(6)

A condition report; and

(7)

An application for a certificate of title.

The Administration shall refuse to issue a certificate of title if the:

(1)

Required documents are not furnished or information is incomplete;

(2)

Lien holder was a dealer or someone other than a bona fide lending institution and a clear copy of the lien contract is not furnished;

(3)

Lien holder was not holding first position and a previous lien holder has not been released;

(4)

Vehicle was not titled in the debtor's name and the lien holder cannot furnish a copy of the contract;

(5)

Vehicle is titled in Maryland, but the security interest has not been perfected and the applicant cannot furnish a copy of a contract;

(6)

Applicant is not the secured party shown on the title and cannot furnish an assignment of lien;

(7)

Applicant is a dealer but the lien contract does not state that the dealer has full recourse for the secured party named in the contract;

(8)

Vehicle was titled out of State and the forms required by that state for repossession have not been furnished; or

(9)

Lien contract does not contain:

(a)

The signature of all vehicle owners;

(b)

A full description of the vehicle; and

(c)

A notation of the security interest.

Regulation .08 Vehicles Being Titled Because of Mechanic's Lien.Link Copy Citation

An applicant for a certificate of title for a vehicle being titled due to a mechanic's lien shall provide the Administration with:

(1)

A completed application for a certificate of title;

(2)

A certification by the garage owner or the person having the lien, including the odometer disclosure as required by COMAR 11.13.06 on a form provided by the Administration;

(3)

A certification on a form provided by the Administration by the auctioneer that the auction was held in compliance with Commercial Law Article, Title 16, Annotated Code of Maryland;

(4)

A digital photograph of the VIN;

(5)

A certification that a newspaper advertisement has run once a week for the 2 consecutive weeks immediately preceding the sale, in a newspaper of general circulation in the county or city where the sale is to be held, with the last advertisement appearing the week immediately preceding the sale;

(6)

A copy of the newspaper advertisement required by §A(5) of this regulation;

(7)

A storage or repair order as specified in Commercial Law Article, §14-1008, Annotated Code of Maryland, containing an affirmative request by the vehicle owner for the repair services or storage services requested or, if applicable, a written statement from the lienor that the lienor stored the vehicle in accordance with an agreement with an insurer;

(8)

Proof that notice was provided to the individual who left the vehicle for repairs, the vehicle owner, the lien holders, and the Administration by submitting:

(a)

Signed receipts for a certified or registered letter in a format prescribed by the Administration;

(b)

Unopened, undeliverable certified or registered letter or letters; or

(c)

Proof from the United States Postal Service of delivery or a refusal to sign receipt for a certified or registered letter;

(9)

The national vehicle history report.

(10)

If issued, a copy of the lienholder notice required by Commercial Law Article, §16-203, Annotated Code of Maryland, and proof that the notice was sent via registered or certified mail.

The Administration shall refuse to issue a certificate of title if:

(1)

The required documents or information are not furnished or are incomplete;

(2)

The address on the returned, unopened certified or registered letter or letters sent to the vehicle owner, individual who left the vehicle for repairs, or lien holder is different from the Administration's most current records;

(3)

The provided national vehicle history report shows that the vehicle was stolen and the reporting police agency has not issued a recover report;

(4)

There is a discrepancy or alteration in the paperwork and the letter of explanation or certified statements do not clarify the discrepancy to the satisfaction of the Administration;

(5)

The signatures on the submitted documents or the application are signed by an individual to whom power of attorney is granted and the writing granting the power of attorney is not furnished;

(6)

A notarized bill of sale is not submitted and the customer refuses to pay the excise tax on the greater of the book value or the purchase price;

(7)

The digital photograph VIN is illegible;

(8)

The vehicle was not advertised in a newspaper as specified in §A(5) of this regulation;

(9)

The vehicle description by year, make, and VIN in the newspaper advertisement is different than in the supporting documents furnished;

(10)

The newspaper advertisement does not contain the time, date, place of auction, and description of the vehicle by year, make, and VIN;

(11)

The vehicle was previously salvaged in this State or another state and the applicant fails to furnish a certification by a police officer in this State who is authorized to inspect salvage vehicles;

(12)

The vehicle was previously salvaged in this State or another state, with a brand reflecting “Not Rebuildable — Parts Only — Not To Be Retitled” or an equivalent brand;

(13)

The Administration has been notified that action in accordance with Commercial Law Article, §16-206, Annotated Code of Maryland, is being taken and that the Administration has received notification of the action before the close of the business day following the action; or

(14)

The Administration requested the mechanic lienor send a post-auction notice to the individual who left the vehicle for repairs, the vehicle owner or lien holder and the mechanic lienor did not send the requested notice or did not provide proof of notice as specified in §A(8) of this regulation.

Regulation .09 Vehicles Being Titled Due to a Sheriff's Sale.Link Copy Citation

An applicant for a title for a vehicle being titled due to a sheriff's sale shall provide the Administration with:

(1)

A court order or writ directing the sale;

(2)

An application for a certificate of title;

(3)

A copy of the required newspaper advertisement; and

(4)

A bill of sale from a sheriff.

The Administration shall refuse to issue a certificate of title if:

(1)

The required documents are not furnished or the information is incomplete;

(2)

The application for certificate of title is signed by an individual to whom power of attorney is granted and the writing granting the power of attorney is not furnished;

(3)

The applicant is a trust and the trust agreement naming the trust and designating the trustee or trustees is not furnished;

(4)

A transaction involves a bankruptcy and a copy of the court appointment for the bankruptcy trustee is not furnished;

(5)

A transaction involves a legal dependent and a copy of a court appointment for the legal guardian is not furnished;

(6)

The documents furnished contain an error or alteration and letters of explanation or certified statements do not clarify the errors or alterations to the satisfaction of the Administration;

(7)

The lien holder to be recorded is someone other than a dealer or bona fide lending institution and a lien contract is not furnished;

(8)

The vehicle is an unrecovered stolen vehicle and a letter from the insurance company requesting issuance of a title in order to satisfy the claim is not furnished;

(9)

Certain documents are lost or omitted and the applicant fails to furnish:

(a)

A letter of indemnification which is subject to the approval of the Administration; and

(b)

Photocopies of lost documents;

(10)

The owner or purchaser is deceased and the personal representative, legatee, distributee, legal heir, or surviving spouse has not provided as required:

(a)

Letters of administration/testamentary;

(b)

A legal heir form; or

(c)

A death certificate;

(11)

For a mobile home, a receipt from the Compliance Division of the Comptroller of the Treasury, which shows that the retail sales tax has been paid on a used mobile home sold before January 1, 1989, is not furnished;

(12)

The applicant has requested a replacement VIN but has not:

(a)

Furnished an application for an assigned VIN; or

(b)

Had a VIN inspection completed by an authorized police officer in this State;

(13)

The previous ownership document was a salvage certificate and the inspection by a police officer in this State who is authorized to inspect salvage vehicles is not furnished; or

(14)

A security interest termination statement for liens on the previous Maryland title record is not furnished.

Regulation .10 Vehicles Being Titled Because of Court Orders.Link Copy Citation

An applicant for a title for a vehicle being titled as a result of a court order shall provide the Administration with:

(1)

An application for a certificate of title; and

(2)

A writ of mandamus or show cause order.

The Administration shall refuse to issue a certificate of title if:

(1)

The court order does not clearly indicate that the Administration is to take the ordered action;

(2)

A lien shows on the previous Maryland record and a security interest termination statement for each lien is not furnished;

(3)

The vehicle is not fully described by year, make, and VIN;

(4)

A salvage certificate has been previously issued in this State or another state and an inspection from a police officer in this State authorized to inspect salvage vehicles is not furnished; or

(5)

A salvage certificate had been previously issued containing the brand “Not Rebuildable — Parts Only — Not To Be Retitled” or an equivalent term.

Regulation .11 Reconstructed Vehicles.Link Copy Citation

An applicant for a certificate of title for a reconstructed vehicle shall provide the Administration with:

(1)

An application for a certificate of title;

(2)

An application for an assigned VIN;

(3)

A certificate of title for the frame;

(4)

A bill of sale or a copy of the title for the body;

(5)

Receipts for parts and labor used to reconstruct the vehicle; and

(6)

A garage inspection by an authorized police officer in this State.

The Administration shall refuse to issue a certificate of title if:

(1)

The required documents are not furnished or the information is incomplete;

(2)

A title for a vehicle less than 7 years old is being assigned to the applicant and the applicant:

(a)

Does not furnish a notarized bill of sale; and

(b)

Refuses to pay excise tax on the book value of the vehicle;

(3)

An individual bringing the vehicle to the Administration for a garage inspection by the ASED does not furnish a power of attorney authorizing the individual to sign for the applicant;

(4)

The garage inspection reveals stolen parts; or

(5)

A security interest termination statement has not been furnished for each lien shown on the Administration's records.

Regulation .12 Glider Kits and Kit Cars.Link Copy Citation

An applicant for a certificate of title for a vehicle constructed from a glider kit or a car kit shall provide the Administration with:

(1)

An application for a certificate of title;

(2)

A certificate of origin for the kit;

(3)

A bill of sale for the kit;

(4)

A title for the frame;

(5)

Bills of sale or receipts for all parts and labor;

(6)

An application for an assigned VIN; and

(7)

A garage inspection at the Administration or, in the case of a glider kit, a certified statement that the vehicle was assembled by a Maryland licensed dealer or repair shop.

The Administration shall refuse to issue a certificate of title if:

(1)

The required documents are not furnished or the information is incomplete;

(2)

The individual bringing the vehicle to the Administration garage is not the applicant and cannot furnish a power of attorney authorizing the individual to sign for the applicant;

(3)

The garage inspection reveals stolen parts;

(4)

The application is being processed at a branch office of the Administration, and a statement certifying that the glider kit has been assembled by a Maryland licensed dealer or repair shop is not furnished;

(5)

A security interest termination statement has not been furnished for each lien shown on record; or

(6)

A title for a vehicle less than 7 years old is being assigned to the applicant and the applicant:

(a)

Does not furnish a notarized bill of sale; and

(b)

Refuses to pay excise tax on the greater of the book value or the purchase price of the vehicle.

Regulation .13 Homemade Trailers.Link Copy Citation

An applicant for a certificate of title for a homemade trailer shall provide the Administration with:

(1)

A rear view and a side view photograph of the trailer;

(2)

Receipts for the parts used to build the trailer;

(3)

A certified statement listing the parts used to construct the trailer and the total value of the trailer;

(4)

An application for an assigned VIN; and

(5)

An application for a certificate of title.

The Administration shall refuse to issue a certificate of title if the:

(1)

Required documents or information are not furnished or are incomplete;

(2)

Trailer is other than a boat, utility, or camping trailer which:

(a)

Weighs 10,000 pounds or less; and

(b)

Has not had an inspection completed by an authorized police officer in this State; or

(3)

Homemade trailer was previously issued a Maryland-assigned VIN, and the:

(a)

Maryland-assigned VIN has been lost; or

(b)

Owner refuses to have the vehicle inspected by an authorized police officer in this State.

Regulation .14 Kit Trailer.Link Copy Citation

An applicant for a certificate of title for a kit trailer shall provide the Administration with:

(1)

A certificate of origin;

(2)

An application for a certificate of title; and

(3)

A bill of sale or receipt.

The Administration shall refuse to issue a title if the:

(1)

Required documents and information are not furnished or are incomplete; or

(2)

Applicant's signature is signed by an individual to whom power of attorney is granted and the power of attorney is not furnished.

Regulation .15 Vehicle Titled by Survivor When Co-owner is Deceased.Link Copy Citation

A joint tenant or joint tenants applying for a certificate of title by right of survivorship shall provide the Administration with:

(1)

If the Maryland Department of Health has not made electronic notification to the Administration of the deceased, a certified death certificate for the deceased co-owner;

(2)

A completed application for certificate of title; and

(3)

The title from the Administration bearing the names of the decedent and the applicant or applicants as co-owners.

The Administration shall refuse to issue a title if the:

(1)

Required documents and information are not furnished or are incomplete; or

(2)

Applicant's signature is signed by an individual to whom power of attorney is granted and the power of attorney is not furnished.

Chapter 15. Issuance of Chesapeake Bay Commemorative Plates

Regulation .01 Issuance of Chesapeake Bay Commemorative Plates — Repealed.Link Copy Citation

Regulation .02 Distribution of Funds.Link Copy Citation

Pursuant to Transportation Article, §13-618, Annotated Code of Maryland, the fees in §B of this regulation shall be distributed equally between the Motor Vehicle Administration and the Chesapeake Bay Trust.

Chesapeake Bay registration plate fees is as follows:

(1)

For original Chesapeake Bay registration plates, the fee as set in COMAR 11.11.05.04(A)(3)(a); and

(2)

For the renewal of Chesapeake Bay registration plates, the fee as set in COMAR 11.11.05.04(A)(3)(b).

Money collected through the sale of Chesapeake Bay Commemorative Plates and due to the Chesapeake Bay Trust shall be transferred monthly to the Trust.

Chapter 16. Issuance, Renewal, Display, and Expiration of Registrations

Regulation .01 Issuance and Renewal of Registration.Link Copy Citation

The owner of a vehicle subject to registration under the Transportation Article, Annotated Code of Maryland, shall apply to the Administration for the registration of the vehicle in the manner that the Administration requires. On approval by the Administration and after payment of all applicable fees, the Administration shall issue a new registration card, plates, and validation sticker.

The owner of a vehicle for which registration is to be renewed shall apply for renewal of the registration in the manner that the Administration requires. On approval by the Administration and after payment of all applicable fees, the Administration shall grant the registration renewal and issue a new registration card and validation sticker.

Notwithstanding any provisions of Transportation Article, §§13-104 and 13-403, Annotated Code of Maryland, the renewal of electronically processed registrations does not require a signature.

The owner of a vehicle requesting replacement plates or validation sticker, or a duplicate or additional registration card shall apply in the manner that the Administration requires, and pay all applicable fees set forth in COMAR 11.11.05.04.

Regulation .01-1 Temporary Authorization Certificate.Link Copy Citation

Issuance.

(1)

The Administration may issue a temporary authorization certificate permitting a vehicle to be driven:

(a)

Pending the issuance of current validation stickers; or

(b)

For a recognized event approved by the Administration.

(2)

The temporary authorization certificate shall be issued for a period not to exceed 15 days.

(3)

A temporary authorization certificate is not transferrable and may not be used on a vehicle other than the one to which it was issued.

(4)

A service fee may be charged for the issuance of a temporary authorization certificate.

The manufacturer, distributor, or dealer of a vehicle may apply to the Administration for the issuance of a temporary authorization certificate for the purpose of permitting a vehicle to be driven for a recognized event approved by the Administration.

The owner of a vehicle which is due for registration renewal may apply for renewal of the registration and obtain a temporary authorization certificate.

Regulation .02 Display of Registration Cards, Temporary Authorization Certificates, Registration Plates, County Stickers and Validation Stickers.Link Copy Citation

Each registration card or temporary authorization certificate shall be carried:

(1)

In the vehicle to which it refers; or

(2)

By the individual driving or in control of the vehicle.

Registration Plates and Validation Stickers.

(1)

Registration plates shall be affixed to the vehicle as prescribed under Transportation Article, §13-411.

(2)

Except as provided under §B(3) of this regulation, validation stickers shall be displayed on the rear registration plate on or before the expiration date of the registration.

(3)

Validation stickers for Class F vehicles shall be displayed on the front registration plate.

Issuance.

(1)

Validation stickers or a temporary authorization certificate may be issued as evidence of payment of the annual registration fee of the vehicle.

(2)

Separate validation stickers may be issued to indicate the month of expiration and the year of expiration.

(3)

Upon subsequent renewals, a validation sticker for only the year of expiration may be issued.

(4)

A temporary authorization certificate may be issued pending issuance of a validation sticker for the registration year.

The Administration shall provide for the manufacture and issuance of new registration plates, which:

(1)

Shall be issued and displayed in the manner specified by the Administration; and

(2)

May be validated as provided in §C of this regulation.

County Sticker.

(1)

The owner of a class vehicle specified in Transportation Article, §13-410, Annotated Code of Maryland, may display on a registration plate the name of the county in which the owner resides.

(2)

The owner of a vehicle may obtain a county sticker that is approved and offered by the Administration.

(3)

A county sticker shall be:

(a)

Displayed on the rear registration plate in the manner specified by the Administration;

(b)

Issued only in the name of the county in which the vehicle owner resides; and

(c)

Displayed only on the vehicle for which it was issued.

(4)

A county sticker may not be displayed on special or commemorative registration plates.

Regulation .03 Expiration of Registration.Link Copy Citation

Except as provided in Regulation .01-1 of this chapter, unless validation stickers have been issued by the Administration and are properly displayed on the registration plates, the registration and registration plates expire at midnight on the expiration date indicated on the registration card issued by the Administration.

Regulation .04 Proration of Registration Fee for Part of Registration Year.Link Copy Citation

“Registration year” means a 12-month period beginning the month in which the vehicle is entered into the staggered system of registration by the Administration or in which the vehicle is first titled by the Administration or in which a special interchangeable registration is first issued by the Administration.

Except as otherwise provided, the annual registration fees specified by the Administration in COMAR 11.11.05 are for the entire 12 months of the registration year.

If the registration of a vehicle is issued on or before the last day of the sixth month of the registration year for that class of vehicle, the full annual registration fee shall be paid.

If the registration of a vehicle is issued on or after the first day of the seventh month of the registration year for that class of vehicle, only one-half of the annual registration shall be paid.

If the registration of a commercial vehicle in excess of 26,000 pounds is issued for a period of less than the full annual registration year, the registration fee to be paid shall be one quarter of the annual registration fee multiplied by the number of quarters remaining in the registration year including the quarter within which the registration takes effect.

Notwithstanding §§B, C, D, and E of this regulation, under a staggered system of registration, the Administration, at its discretion, may reschedule the monthly volumes of registration renewals by applying different expiration dates and prorating fees accordingly.

Regulation .05 Multi-Year Registrations — Staggered Classes.Link Copy Citation

Each new vehicle registration plate issued in conjunction with the titling of a vehicle or a registration renewal shall be for a period not to exceed 3 years, unless otherwise approved by the Administration.

Registration renewals shall be due on or before the last day of the month stated on the registration card.

Refund of Registration Fees.

(1)

If a registration issued under this regulation is cancelled before the beginning of the start of a new registration year, the Administration shall refund the fees paid for any unused registration year.

(2)

The Administration may not process a refund if the registration is flagged or suspended until the flag is released and or the suspension is withdrawn.

(3)

A refund may not be processed if the registration plates and stickers are not returned to the Administration.

Chapter 17. Staggered System of Registration

Repealed

Chapter 18. Vehicle Registration Issuance by State Agencies or Political Subdivisions Acting as Agent for Motor Vehicle Administration

Regulation .01 State Agency or Political Subdivision as Agent for Administration.Link Copy Citation

A State agency or political subdivision may act as the agent of the Administration in the registration of vehicles and in the issuance of registration plates, registration cards, and validation stickers.

A State agency or political subdivision shall adhere to the regulations contained in this chapter while acting as agent for the Administration in the issuance of registration plates, registration cards, and validation stickers.

Location Approval.

(1)

Each State agency or political subdivision who acts as an agent for the Administration shall request prior approval of the location from which the issuance of registration plates, registration cards, and validation stickers shall be made.

(2)

The Administration shall review and approve the location selected in order to ensure the ability to serve the public efficiently and effectively and to contain automated equipment for processing transactions.

(3)

The State agency or political subdivision shall provide the Administration with the name of the supervisor in charge of the location or the name of the manager in charge of the program and update the names as necessary.

Regulation .02 Issuance of Validation Stickers, Registration Cards, and Registration Plates.Link Copy Citation

The Administration shall provide procedures for the issuance of registration plates, registration cards, and validation stickers by State agencies or political subdivisions to each State agency or political subdivision acting as an agent of the Administration. These procedures shall contain detailed processing and accounting requirements to be followed by each State agency or political subdivision.

Except as provided in Regulation .03 of this chapter, all fees collected from the issuance of registration plates, registration cards, and validation stickers shall be transmitted to the Administration.

Regulation .03 Fees.Link Copy Citation

Each State agency or political subdivision shall collect the fee specified on the registration application and an additional $1 fee for each transaction issued by it, of which 50 cents of each $1 collected shall be submitted to the Administration to offset administrative expenses incurred by the Administration. The remaining 50 cents of each $1 fee collected shall be retained by the State agency or political subdivision.

Each State agency or political subdivision may collect and retain an additional fee not to exceed $1 for each transaction issued by it to offset expenses incurred by the State agency or political subdivision in administering the program.

Chapter 19. Special Registration Numbers and Plates for Members of Certain Nonprofit Organizations

Regulation .01 Eligible Classes of Vehicles — Repealed.Link Copy Citation

Regulation .02 Fees — Repealed.Link Copy Citation

Regulation .03 Special Registration Numbers and Plates.Link Copy Citation

A special registration number as specified by the Administration and assigned under this chapter may consist of any combination of not more than seven letters and numerals, the name, initials, or abbreviation of the name of the organization on the bottom of the special registration plates and the official logo of the organization.

The special registration number assigned under this chapter shall be displayed on the registration plates for the vehicle. The Administration shall determine the basic configuration of the special registration number, using the special registration plate scheme requested by the organization as guidance.

An organization that has had special registration plates without a logo issued under Transportation Article, §13-619, Annotated Code of Maryland, may request the issuance of new special registration plates with its logo. However, once this request has been approved, all existing nonlogo special registration plates related to the organization in the Administration’s stock shall be destroyed. A member of an organization who previously was issued special nonlogo plates which were subsequently lost, stolen, or mutilated, shall be issued only new special plates with the logo selected by the organization, upon payment of the additional fee as set forth in COMAR 11.11.05.

Use of the name, initials or abbreviation of the organization on the bottom of the special registration plates shall be in the sole discretion of the Administration and, if permitted, may not be all initials or a name of more than 25 characters, including spaces.

Once a selection of the special registration plate scheme (logo/nonlogo) has been made, it is permanent and may not be changed.

A nonprofit organization requesting special registration plates with the nonprofit organization’s official logo shall submit camera-ready artwork of the logo which meets the Administration’s specifications. In addition, the:

(1)

Size of the logo may not exceed 2 1/2 inches wide by 3 1/2 inches long;

(2)

Logo may not contain more than four colors; and

(3)

Logo artwork submitted shall be in a form acceptable to the Administration.

Regulation .04 Organization Requirements.Link Copy Citation

For members of nonprofit organizations, the following special requirements apply:

The organization is nonprofit as evidenced by a:

(1)

Determination Letter from the Internal Revenue Service (Letter 947 or equivalent) as to qualification for exemption from taxation under §501 of the Internal Revenue Code,

(2)

Certificate of Registration as a charitable organization under Article 41, §3-202, Annotated Code of Maryland, issued by the Secretary of State, or

(3)

Valid certificate of exemption issued by the Comptroller of the Treasury as to qualification for exemption from sales taxation under Tax-General Article, §11-204, Annotated Code of Maryland; and

At least 25 members apply for special registration under this chapter for the initial manufacture of special registration plates.

Regulation .05 Organization Representative and Certification of Membership.Link Copy Citation

Each organization eligible for special registration under this chapter shall appoint an organization representative who will act as liaison between the organization and the Administration.

The organization representative designated in §A, of this regulation, shall be responsible for performing the functions outlined in this chapter.

The organization representative shall provide an organization certification of membership for its members which shall be printed at organization expense and contain the following information:

(1)

Organization official identification stationery shall be used.

(2)

Signature of organization representative.

(3)

Names of organization members requesting special registration plates.

(4)

Present registration plate numbers of organization members' vehicles.

(5)

Special registration plate numbers issued under Regulation .07 are issued in consecutive order. If special registration plates are being issued under Regulation .09, the Administration shall assign the special registration plate numbers, issued in consecutive order.

The organization certification of membership shall be presented by the organization representative when special registration plates are requested under Regulation .07 and by the organization member when special registration plates are requested under Regulation .09.

Regulation .06 Approval of Nonprofit Organization for Special Registration.Link Copy Citation

The organization representative shall apply to the Motor Vehicle Administration, 6601 Ritchie Highway, N. E., Glen Burnie, Maryland 21062 and include the following information:

(1)

Copies of the documentation that the organization meets the criteria outlined in Regulation .04, of this chapter;

(2)

Special registration plate scheme requested by the organization and an alternate selection;

(3)

The name of the organization to be placed on the bottom of the special registration plate, if desired, in accordance with the provisions of Regulation .03C; and

(4)

Camera-ready artwork of the logo to be used in accordance with Regulation .03A, if desired.

The Administration shall advise the organization representative of its decision and, if favorable, to proceed in accordance with Regulation .07, of this chapter.

Regulation .07 Registration Plate Issuance — Approved Nonprofit Organizations.Link Copy Citation

The organization representative shall submit the organization certification of membership when requested by the Administration, together with appropriate fees for each set of special registration plates requested, if applicable.

The Administration shall print the registration applications for each organization member and forward them to the organization representative.

When the special registration plates have been received, the Administration shall notify the organization representative who shall:

(1)

Collect the completed registration applications and appropriate registration fees from each organization member;

(2)

Submit all fees and registration applications, in assigned registration plate sequence, to the Administration.

Administration Verification.

(1)

The Administration shall verify the registration application, including insurance information, fees and other items.

(2)

Registration applications will be validated.

(3)

Special registration plates, with validation stickers and registration card, will be mailed directly to each organization member.

Upon receipt of the special registration plates, each organization member shall return previously issued registration plates to any Administration office for cancellation of the registration.

Regulation .08 Renewal of Special Registration Numbers and Plates.Link Copy Citation

This regulation governs issuance of validation stickers only to members of nonprofit organizations who have already been issued special registration plates. During a registration year in which new registration plates are being issued for all motor vehicles, the procedures outlined in Regulation .07 shall be followed.

Applications for renewal of special registration plates shall be mailed to each registered owner before the expiration date of the vehicle's registration.

Provided the individual continues to be a member of the organization, each organization member who desires to continue use of the special registration number and plates shall:

(1)

Complete the registration application, including insurance information;

(2)

Return the completed application with appropriate fees to the Administration, either by mail or in person.

In the case of an owner who is applying for special registration as a surviving spouse, the owner:

(1)

Shall submit an organization certification of membership; and

(2)

May not have remarried.

The Administration shall verify the registration application, including insurance information, fees and other items.

The registration card and validation stickers shall be mailed directly to or handed to each organization member.

Regulation .09 Individual Issuance of Special Registration Plates to New Members of Approved Nonprofit Organizations.Link Copy Citation

An individual who becomes a member of an approved nonprofit organization after the initial issuance of special registration plates in accordance with Regulation .07 of this chapter may obtain special registration plates as follows:

(1)

Obtain an organization certification of membership from the organization representative;

(2)

Complete the registration application, including insurance information;

(3)

Return the completed registration application and certification with the appropriate fees, if applicable, either by mail or in person.

Administration Verification.

(1)

The Administration shall verify the registration application, including insurance information, fees and other items.

(2)

Special registration numbers shall be assigned in consecutive order.

(3)

Registration applications will be validated.

(4)

Special registration plates, with validation stickers and registration card, will be mailed directly or handed to each organization member.

Upon receipt of the special registration plates, the organization member shall return previously issued registration plates to any Administration office for cancellation of the registration.

Regulation .10 Cancellation of Special Registration Numbers and Plates.Link Copy Citation

The Administration shall have the right to suspend special registration granted under this chapter if:

(1)

The organization no longer qualifies as nonprofit as required by Regulation .04 of this chapter; or

(2)

The organization has perpetrated a fraud against the Administration in obtaining special registration numbers and plates for its members.

Membership.

(1)

Continuous membership in the approved organization by the organization member who requests special registration plates under this chapter shall be required.

(2)

Loss of Membership.

(a)

The organization representative shall notify the former member and the Administration in writing if an organization member is no longer a member in the approved organization.

(b)

The former organization member shall immediately return the special registration plates to any Administration office for cancellation of the registration and obtain substitute regular registration plates.

(c)

If the former organization member does not return the special registration plates, the Administration shall flag the vehicle record in order to prevent a registration application from being sent to the former member for registration renewal purposes.

(3)

If a former organization member reinstates membership in an approved organization, the member may obtain new special registration plates in accordance with Regulation .09 of this chapter, and pay the appropriate special registration fee, if applicable, again.

Chapter 20. Dump Service Registration

Regulation .01 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Bulk” means a total load which is in a mass, not packaged in separate units, and which cannot be counted. Containerized cargo is not considered to be bulk.

(2)

“Feed” means food for animals or birds.

(3)

Loose Material.

(a)

“Loose material” means feed, dirt, sand, wood chips, stone, gravel, aggregate, solid waste, ready-mix concrete, or other similar material that can blow, fall, or spill from a vehicle as a result of movement or of exposure to air, wind, or weather.

(b)

“Loose material” does not include agricultural products in their natural state, liquid loads, or concrete blocks.

(4)

“Self-unloading by gravity or mechanical means” means that once the unloading process is started, gravity or a mechanism which is an integral part of the vehicle takes over the unloading process.

Regulation .02 Eligible Classes of Vehicles — Repealed.Link Copy Citation

Regulation .03 Noncompliant Vehicles — Repealed.Link Copy Citation

Regulation .04 Requirements.Link Copy Citation

Except as otherwise provided, a load shall be enclosed in conformance with Transportation Article, §24-106.1, Annotated Code of Maryland.

Dump service registered vehicles operating in combination with another vehicle may not be allowed the weight exemptions provided for this class of registration.

Regulation .05 Procedures for Applying for Dump Service Registration.Link Copy Citation

Two or Three Axle Dump Service Vehicles. The original application for registration shall be accompanied by:

(1)

A dump service certification (Form VR-98);

(2)

A sideview photograph of the vehicle; and

(3)

The fee as set forth in Transportation Article, §13-919, Annotated Code of Maryland.

Four or More Axle Dump Service Vehicles. The original application for registration shall be accompanied by:

(1)

A dump service certification (Form VR-98);

(2)

A sideview photograph of the vehicle, clearly showing the lift axle;

(3)

The manufacturer's, second-stage manufacturer's, or authorized dealer's certification that the vehicle is in compliance with the requirements of COMAR 11.15.27.05; and

(4)

The fee as set forth in Transportation Article, §13-919, Annotated Code of Maryland.

Chapter 21. Effect of Parking and Traffic Control Device Violations on Vehicle Registrations

Regulation .01 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Administration” means the Motor Vehicle Administration.

(2)

“Chronic offender” means the owner of a vehicle that has accumulated $1,000 or more in fines and penalties, per vehicle, as the result of parking violations within a jurisdiction.

(3)

“Flag” means an action to prevent the registration of a vehicle from being renewed or transferred to another vehicle.

(4)

“Jurisdiction” means a political subdivision of this State, an authorized federal or State agency, the District Court of Maryland, or a United States District Court.

(5)

“Parking violation” means a violation of any local, State, or federal law or regulation governing the parking of motor vehicles.

(6)

“Suspend” means an action that, in addition to the action set forth in §B(3) of this regulation, bars the vehicle from being driven on any highway in the State.

(7)

“Traffic control device violation” means any violation of Transportation Article, §21-202(h), as determined under Transportation Article, §§21-202.1 and 21-1414, Annotated Code of Maryland.

Regulation .02 Flagging and Suspension of Vehicle Registrations.Link Copy Citation

Upon notification by a jurisdiction that a vehicle owner has not satisfied parking and traffic control device violations incurred in the jurisdiction, the Administration shall either flag or suspend the vehicle owner's registration.

Flag.

(1)

The Administration shall flag the registration of a vehicle owner who, as determined by the jurisdiction, has not complied with the jurisdiction's requirements concerning parking and traffic control device violations and who is not a chronic offender.

(2)

The Administration may not renew the registration until notified by the jurisdiction that the parking and traffic control device violations have been satisfied.

Suspend.

(1)

The Administration shall suspend the registration of a vehicle owner who is a chronic offender.

(2)

Upon suspension of the vehicle registration, the vehicle owner shall return the license plates and registration card to the Administration.

Withdrawal of Flag or Suspension.

(1)

Upon notification by a jurisdiction that the vehicle owner has satisfied the parking and traffic control device violations, the Administration shall remove the flag or suspension from the vehicle's registration record.

(2)

Upon payment by the vehicle owner of the fee required by Regulation .05 of this chapter, the Administration shall renew the vehicle registration.

Regulation .02-1 Flag Notification Requirements.Link Copy Citation

Before notifying the Administration to flag the vehicle registration for failure to satisfy fines and penalties as a result of parking and traffic control device violations, the jurisdiction shall notify the vehicle owner:

(1)

Of the jurisdiction's intent to request that the Administration flag the vehicle's registration;

(2)

That the Administration will assess an administrative flagging fee which shall be paid to the Administration in addition to any fee or penalty assessed by the jurisdiction for each parking and traffic control device violation reported;

(3)

That failure to pay any fee or penalty assessed by the jurisdiction and the Administration for a parking and traffic control device violation will prevent renewal of the vehicle registration; and

(4)

That failure to pay the administrative flagging fee to the Administration will result in the account being referred to the Maryland Central Collection Unit for collection purposes.

After notifying the vehicle owner, the jurisdiction shall notify the Administration:

(1)

To flag the vehicle registration of owners who fail to pay parking and traffic control device violations by a file transfer protocol process approved by the Administration; and

(2)

Of the citation number associated with each parking or traffic control device violation reported.

Jurisdictions currently reporting information to the Administration by tape or cartridge shall migrate to a file transfer protocol process.

The Administration shall generate an invoice for administrative flag fees for vehicle registrations flagged under this chapter.

Regulation .03 Suspension Notification Requirements.Link Copy Citation

Upon determination that a vehicle registration shall be suspended, the jurisdiction shall notify the:

(1)

Vehicle owner of the jurisdiction's intent to request the Administration to suspend the registration of the vehicle;

(2)

Administration, by the method the Administration requires, to suspend the vehicle's registration.

Upon suspending a vehicle's registration under this chapter, the Administration shall immediately notify the vehicle owner of the suspension.

Regulation .04 Jurisdiction Accountability.Link Copy Citation

A jurisdiction shall ensure the accuracy of all information submitted to the Administration.

The Administration shall be held harmless in all actions resulting from inaccurate information submitted by the jurisdiction.

Regulation .05 Requirements for Collecting a Fee for Renewal of Vehicle Registration.Link Copy Citation

Pursuant to Transportation Article, §26-305, Annotated Code of Maryland, whenever the Administration flags, suspends, or denies the renewal of the registration of a vehicle, the owner shall pay a fee as set forth in COMAR 11.11.05 before renewal.

The fee imposed under §A of this regulation is applicable to the renewal of all registrations, including those vehicles exempt from registration fees under Transportation Article, §13-903, Annotated Code of Maryland.

The Administration may distribute $5 of the fee collected under §A of this regulation to a political subdivision acting as an agent for the Administration.

A fee imposed under §A of this regulation may be waived if the jurisdiction requesting the withholding of the registration provides electronic documentation, by the method required by the Administration, that the flag was mistakenly placed on the registration.

The fee collected by the Administration pursuant to §A of this regulation is refundable only if the vehicle owner can present written documentation from the jurisdiction requesting the withholding of registration certifying that the vehicle registration was flagged in error by the jurisdiction.

Chapter 22. Apportioned Registration of Fleet Vehicles

Regulation .01 Purpose.Link Copy Citation

The purpose of these regulations is to establish regulations and procedures to implement the International Registration Plan entered into with other jurisdictions for the registration of fleets of vehicles on an apportioned basis as authorized by Transportation Article, §12-406, Annotated Code of Maryland.

Regulation .02 Scope.Link Copy Citation

Registration Recognition. Vehicles proportionally registered in jurisdictions which have entered into proportional registration agreements, including the international registration plan, under this chapter and have paid fees to the State will be deemed to be fully registered in this State for any type of movement or operation, if the registrant has proper interstate or intrastate authority from the appropriate regulatory agency or is exempt from regulatory agency.

Other Fees Not Waived. This proportional registration agreement does not waive any fees or taxes charged or levied by any jurisdiction in connection with the ownership or operation of vehicles other than the apportionable fees as defined in this chapter. All other fees and taxes shall be paid to each jurisdiction in accordance with the laws of each jurisdiction.

Base Jurisdiction Choice. Registrants based in any jurisdiction other than a member jurisdiction, who have been licensing vehicles in any member jurisdiction under the basing point, allocation, or proration forms of registration may declare the State as a base jurisdiction for purposes of the agreements until such time as the registrant's base jurisdiction becomes a member jurisdiction if the most miles travelled among the member jurisdictions are in Maryland.

Options of Registrants.

(1)

The registrant may choose to fully register in any jurisdiction or purchase a limited number of trip permits instead of apportioned registration.

(2)

The registrant may divide his vehicles into any number of fleets.

(3)

A vehicle or combination of vehicles which travels in two or more member jurisdictions but which is not otherwise within the definition of “apportionable vehicle” may be proportionally registered at the option of the registrant.

Other General Regulations.

(1)

Apportionable vehicles registered non-proportionally in member jurisdictions or registered proportionally in a member jurisdiction but excluding the State in their apportionment shall be subject to the restrictions contained in Transportation Article, § 12-406, Annotated Code of Maryland.

(2)

Rental vehicles subject to Transportation Article, §§12-104(b), and 12-403—12-414, relating to apportioned rental vehicles which are not proportionally allocated or registered with the State shall be subject to the restrictions contained in Transportation Article, §12-104(b) relating to rental car agencies.

(3)

A vehicle based in the State for use only in the State or nonmember jurisdictions, or both, shall continue to be registered in the State on a nonapportioned basis.

Regulation .03 Member Jurisdictions — RepealedLink Copy Citation

Regulation .04 Definitions.Link Copy Citation

The following words and terms have the following meanings, unless the context clearly indicates otherwise.

Terms Defined.

(1)

“Administration” means the Motor Vehicle Administration.

(2)

“Agent-lessor” means a service representative who furnishes facilities and services including sales, warehousing, motorized equipment and drivers under contract or other arrangement to a carrier for transportation of property by a household goods carrier.

(3)

“Applicant” means a person, firm, or corporation in whose name an application to apportion the registrations of a fleet of vehicles is filed.

(4)

“Apportionable fee” means any periodically recurring fee required for licensing or registering vehicles, such as, but not limited to:

(a)

Registration fees; and

(b)

License or weight fees.

(5)

“Apportionable vehicle” means any vehicle, except recreational vehicles, vehicles displaying restricted plates, city pickup and delivery vehicles, buses used in transportation of chartered parties, and government-owned vehicles, used or intended for use in two or more member jurisdictions for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property:

(a)

Having a gross vehicle weight in excess of 26,000 pounds;

(b)

Having three or more axles, regardless of weight; or

(c)

If used in combination, with the gross weight of a combination exceeding 26,000 pounds.

(6)

“Audit” means the examination of a registrant’s records, including source documents, to verify the distances reported in the registrant’s application for apportioned registration and evaluate the accuracy of the registrant’s distance-accounting system for its fleet. Such an examination may be of multiple fleets for multiple years

(7)

“Auxiliary axle” means an auxiliary under carriage assembly with a fifth wheel and tow bar used to convert a semi-trailer to a full trailer.

(8)

“Average per-vehicle distance” means the average per-vehicle distance in each member jurisdiction determined by the total actual distances reported during the previous registration year as having been operated by all Maryland carriers.

(9)

“Base jurisdiction” means for the purpose of fleet registration, the jurisdiction where:

(a)

The registrant has an established place of business;

(b)

Mileage is accrued by the fleet; and

(c)

Operational records of the fleet are maintained or can be made available.

(10)

“Base plate” means the registration plate, or plates, issued by the base jurisdiction, identified by having the word “APPORTIONED” and the base jurisdiction's name on the plate.

(11)

“Bilateral agreement” means a registration reciprocity agreement between Maryland and another jurisdiction providing the payment of registration fees on the basis of fleet miles operated in each jurisdiction.

(12)

“Cab card” means a registration card issued by the base jurisdiction for a vehicle of an apportioned fleet containing:

(a)

The make and VIN of the vehicle;

(b)

The base plate number,

(c)

The jurisdictions in which the vehicle is registered;

(d)

The registered gross weight for each jurisdiction;

(e)

Any other information deemed necessary.

(13)

“Carrier” means an individual, partnership, or corporation engaged in the business of transporting goods or persons.

(14)

“Credentials” means a cab card and apportioned plate issued for a vehicle registered by a jurisdiction which is a party to an agreement.

(15)

“Established place of business” means a physical structure owned or leased by a fleet registrant designated by a street and number or road location, which is open during normal business hours and in which are located:

(a)

A telephone publicly listed in the name of the fleet registrant;

(b)

A person conducting the fleet registrant's business; and

(c)

The operational records of the fleet unless the records can be made available.

(16)

“Equipment number” means the unit number or equipment number assigned by the applicant. Each piece or unit of equipment must have a specific International Registration Plan (IRP) identifier.

(17)

“Fleet” means one or more apportionable vehicles.

(18)

“Household goods” means:

(a)

Personal effects and property used or to be used in a dwelling when the household goods are part of the equipment or supply of the dwelling;

(b)

Furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals, or other establishments, when a part of the stock, equipment, or supply of the stores, offices, museums, institutions, hospitals, or other establishments; and

(c)

Articles including objects of art, displays, and exhibits which because of their unusual nature or value require the specialized handling and equipment usually employed in moving household goods.

(19)

“Hunter's permit” means a temporary vehicle registration permit issued to an owner-operator, not operating as a lessor, for a registered gross weight not exceeding the empty weight of the vehicle.

(20)

“In-jurisdiction miles” means the total number of miles operated by a fleet of proportionally registered vehicles in a jurisdiction during the preceding year. Mileage of Maryland registered vehicles accrued in jurisdictions which are not member jurisdictions shall be counted as in-jurisdiction miles operated in Maryland.

(21)

“International Registration Plan (IRP)” means a registration reciprocity agreement among states of the United States, the District of Columbia, and provinces of Canada providing for the payment of apportionable fees on the basis of fleet miles operated in each jurisdiction.

(22)

“Interstate operations” means vehicle movement between or through two or more jurisdictions.

(23)

“Intrastate operations” means vehicle movement from one point within a jurisdiction to another point within the same jurisdiction.

(24)

“IVMR” means individual vehicle mileage record.

(25)

“Jurisdiction” means:

(a)

A state, territory or possession of the United States;

(b)

The District of Columbia;

(c)

A state or province of a country.

(26)

“Lease” means a written document vesting exclusive possession and control of a vehicle owned by another.

(27)

“Lessor” means a person, firm, or corporation which under the terms of a lease, grants the legal right of possession and control of a vehicle to another person, firm, or corporation (the lessee).

(28)

“Long-term lease” means a lease having a term of 30 days or more.

(29)

“Member jurisdiction” means a jurisdiction which is a party to the International Registration Plan.

(30)

“Negotiable title” means a title issued by a jurisdiction which documents ownership of a vehicle and can be used to transfer ownership.

(31)

“Operational records” means documents supporting in-jurisdiction miles traveled in each jurisdiction and total miles traveled, such as fuel reports, trip sheets, and logs.

(32)

“Owner-operator” means an equipment lessor who leases his vehicular equipment with driver to a carrier pursuant to Interstate Commerce Commission regulations, 49 CFR 1057 or similar regulations of a jurisdiction's regulatory body.

(33)

“Power unit” means a vehicle which is self propelled by power other than muscular power.

(34)

“Preceding year” means the 12-month period after June 30 of one year and before July 1 of the following year, which immediately precedes the registration or license year for which proportional registration is sought.

(35)

“Reciprocity” means exemption from further registration by any member jurisdiction of an apportionable vehicle registered under an agreement.

(36)

“Reciprocity agreement” means an agreement, arrangement, or understanding governing the reciprocal grant of rights or privileges, or both, to vehicles, which are based in and properly registered under the applicable laws of the jurisdictions which are parties to the agreement, arrangement, or understanding.

(37)

“Registrant” means a person, firm, or corporation in whose name an apportioned vehicle is registered.

(38)

“Registration year” means the 12-month period during which the registration dates issued by the base jurisdiction are valid according to the laws of the base jurisdiction.

(39)

“Rental fleet” means five or more vehicles which are rented or offered for rental without drivers and which are designated by a rental owner as a rental fleet.

(40)

“Rental owner” means an owner principally engaged in renting rental fleets to others or offering for rental the vehicles of the fleets without drivers.

(41)

“Rental vehicle” means a vehicle of a rental fleet.

(42)

“Renting or leasing” means the giving of possession and control of a vehicle for valuable consideration for a specified period of time.

(43)

“Restricted plate” means a registration plate which is restricted as to time, less than a full registration year, geographic area, mileage or commodities or persons which may be hauled. Example: farm truck plate, dealer plate.

(44)

“Road tractor (mobile home toter)” means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load on it either independently or any part of the weight of a vehicle or load so drawn.

(45)

“Short term lease” means a lease having a term of less than 30 days.

(46)

“Temporary authority” means a temporary registration authorizing the operation of a Maryland vehicle for 45 days while application for a change in fleet registration is being processed by the Administration.

(47)

“Total miles” means the total number of miles operated by a fleet of proportionally registered vehicles in all jurisdictions during the preceding year.

(48)

“Tractor” means a motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicles and load so drawn.

(49)

“Trip permit” means a temporary permit issued by a jurisdiction instead of regular apportioned registration.

(50)

“Truck” means every motor vehicle designed, used, or maintained primarily for the transportation of property.

(51)

“Truck tractor” means a motor vehicle designed and used primarily for drawing other vehicles but so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

(52)

“Vehicle-tracking system” means an electronic system that monitors the exact location, 24 hours a day, of any moving vehicle using the Global Positioning System (GPS) or another type of automatic vehicle location technology.

(53)

“VIN” means vehicle identification number.

Regulation .05 Application for Proportional Registration.Link Copy Citation

General. Application for registration of vehicles under this subtitle shall be made on a form furnished by the Administration.

Contents of the Application.

(1)

Schedule A/C (Form IRP A/C) shall contain a description of each power unit, trailer, semi-trailer, and auxiliary axle and be accompanied by a uniform mileage schedule.

(2)

Schedule B (Form IRP B).

(a)

The initial or renewal application for proportional registration shall contain the mileage data in all jurisdictions for the preceding year for each vehicle or vehicles.

(b)

If no operations were conducted with any vehicle or vehicles during the preceding year, the application shall use the average per-vehicle distance.

(c)

The applicant shall determine the in-jurisdiction and total miles to be used in computing the proportional registration fee for the vehicle.

(d)

Changes to an original or renewed application may be made after it has been filed by notifying the Motor Carrier Services Section prior to payment.

(e)

The Maryland IRP registration period is staggered on a period determined by the Administration.

Evidence of Ownership. The owner or lessor of a vehicle to be proportionally registered shall hold in their name a Maryland certificate of title or a negotiable title issued in another jurisdiction for each vehicle.

Regulation .06 Registration Criteria — Owner-Operator Vehicles.Link Copy Citation

Proportional Registration. Effective with the 1988 registration year, owner-operators who lease their vehicles to carriers on a long-term basis may proportionally register their vehicles in either of the following methods:

(1)

Registration may, at the option of the lessor, be in the name of the lessee-carrier, but shall also indicate the owner-operator's name. Allocation of fees shall be based on the records of the carrier. The registration plate and cab card shall be the property of the lessee.

(2)

Registration may, at the option of the lessor, be in the name of the lessor. Allocation of fees shall be based on the records of the lessor. The registration plate and cab card shall be the property of the lessor.

Trip Permits. Vehicles of owner-operators which are not proportionally registered or not fully registered in a jurisdiction having a separate reciprocity agreement with Maryland shall be subject to the trip permit requirements of this chapter.

Regulation .07 Registration Criteria — Leased Vehicles.Link Copy Citation

General.

(1)

For purposes of proportional registration, the long-term lessee-operator of a vehicle shall be responsible for its registration, that is, the operator of a fleet, part or all of which is leased, shall qualify the leased vehicles in its own name in the same manner as if the lessee-operator owned them.

(2)

The Maryland credentials for the leased vehicles belong to the fleet operator by whom they were proportionally registered and may be transferred from one vehicle to another as if the operator owned the vehicles.

(3)

If the lease of a vehicle is terminated, the lessee-operator shall transfer the Maryland registration to another vehicle which replaces it in the fleet.

(4)

A renewal or series of renewals of a short-term lease covering the same vehicle or vehicles shall be construed as being a long-term lease if the time period covered by the original lease and subsequent consecutive renewals is 30 days or more.

Temporary Leases.

(1)

If an apportioned vehicle is leased temporarily to another person, regardless of whether the lessee is an apportioned carrier, the lessor shall be responsible for reporting the miles traveled by the temporarily leased vehicle.

(2)

The temporarily leased vehicle shall continue to bear proportional registration credentials and may be operated on those credentials only in jurisdictions displayed on the cab card.

Regulation .08 Registration Criteria — Household Goods Carriers.Link Copy Citation

Household goods carriers, using vehicles leased from service representatives, may elect to base the vehicles in the base jurisdiction of the service representative or of the carrier according to the following:

If the household goods carrier elects the base jurisdiction of the service representative, the vehicles shall be registered in the service representative's name and the household goods carrier shall be indicated as lessee. The apportionment of fees shall be according to the combined mileage records of the service representative and the carrier. The records shall be kept or made available in the service representative's base jurisdiction.

If the household goods carrier elects the base jurisdiction of the carrier, the vehicles shall be registered by the carrier and the service representative shall be designated as lessor. The apportionment of fees shall be according to the combined mileage records of the service representative and the carrier.

Vehicles owned and operated by owner-operators other than service representatives which are used exclusively to transport cargo for a household goods carrier shall be registered by the carrier in the base jurisdiction of the carrier, in both the name of the owner-operator and the name of the carrier as lessee. The apportionment of fees shall be according to the mileage records of the carrier.

Regulation .09 Registration Criteria — Rental Vehicles.Link Copy Citation

Rental owners.

(1)

All rental vehicles of a rental owner who registers them in accordance with this section will be regarded as proportionally-registered vehicles if the rental owner has received approval from Maryland to apportion the rental fleets.

(2)

The operational records of the rental fleet shall be maintained by the rental owner.

(3)

The rental vehicles may be registered in the name of the rental owner or in the name of individual lessees.

Tractor, Truck-tractor and Truck Fleet Registrations. Rental owners having a rental fleet of trucks, tractors and truck-tractors based in Maryland excluding one-way vehicles, and operating into or through one or more other member jurisdictions may proportionally register the vehicles by paying apportionable registration fees based on mileage using Schedule A/C (Form IRP A/C) and Schedule B (Form IRP B).

Trailers and Semitrailers in Pool Fleets.

(1)

Rental owners who rent or lease trailers and semitrailers having a registered gross weight in excess of 6,000 pounds and used solely in pool fleets for operation in Maryland and one or more other jurisdictions may, instead of full registration of each vehicle in Maryland, register the number of trailers and semitrailers determined as follows: Divide the gross revenue received in the preceding year for rentals of trailers and semitrailers operated in Maryland by the total gross revenue received in the preceding year for trailer and semitrailer rentals in all jurisdictions and multiply the quotient by the total number of trailers and semitrailers in the fleet on the first day of each registration year.

(2)

Monthly and yearly records shall be maintained to reflect accurately the gross revenue earned in each jurisdiction. Monthly summaries shall be supported by rental settlement contracts. Yearly earnings shall be supported by the company's financial statements and copies of federal and State income tax returns.

(3)

When vehicles are added to the fleet after the first day of a licensing year, the same percentage factor used at the beginning of that licensing year shall be used to determine the number of additional vehicles to be registered in Maryland.

Utility Trailers.

(1)

Rental owners who rent or lease utility trailers having a registered gross weight of 6,000 pounds or less in more than one member jurisdiction may, instead of full registration of each vehicle in Maryland, register a number of trailers equal to or more than the average number of the trailers rented in or through Maryland during the preceding year.

(2)

Records.

(a)

Monthly and yearly records shall be maintained to reflect accurately the inventory count and Maryland registrations.

(b)

Inventory records shall include a:

(i)

Count of the vehicles not rented located in each jurisdiction at the time of inventory count;

(ii)

Count of the entire fleet owned or operated, whether rented or not rented, at the time of inventory count; and

(iii)

Listing of registration plate numbers and dates purchased each year.

(c)

Registration records and cancelled checks representing payment of license plates purchased or renewed shall be available for auditor review.

(3)

When vehicles are added to the fleet after the first day of a licensing year, the same percentage factor used at the beginning of that licensing year shall be used in determining the number of additional vehicles subject to be registered in Maryland registration.

One-way Fleet Vehicles.

(1)

Rental owners who rent or lease trucks having a registered weight of less than 26,000 pounds in more than one member jurisdiction may, instead of full registration of each vehicle in Maryland, register the number of trucks determined as follows: In each weight class divide the mileage traveled in all jurisdictions, and multiply the quotient by the total number of vehicles of the same weight class owned or operated in the particular class on the first day of each registration year.

(2)

Monthly and yearly records shall be maintained to reflect accurately mileage traveled in each jurisdiction by weight class and inventory counts of each class of vehicle. Inventory records shall include a listing of registration plate numbers and dates purchased each year.

(3)

When vehicles are added to the fleet after the first day of a licensing year, the same percentage factor used at the beginning of that licensing year for each weight class shall be used to determine the number of additional vehicles subject to Maryland registration.

Regulation .10 Changes in Apportionable Vehicle Fleets.Link Copy Citation

Registration of Vehicles Added to Fleets. Vehicles acquired by a registrant after the commencement of the registration year may be added to the proportionally registered fleet by applying the mileage percentage used in the original application for registration of the fleet for the registration period to the regular registration fees applicable to the additional vehicles for the remainder of the registration year. Applications for proportional registration of additional fleet vehicles shall be filed and processed in the same manner as the original application, using supplemental registration forms furnished by the Administration.

Withdrawal and Replacement of Vehicles from Fleets. The following shall apply to the withdrawal of a vehicle from a proportionally registered fleet:

(1)

If a vehicle is withdrawn from a proportionally registered fleet during the period for which it is registered, the registrant shall so notify the Administration on the appropriate form.

(2)

If the registrant replaces a vehicle for one withdrawn from the fleet the registrant shall file a supplemental application. The Administration will issue a new cab card and transfer the registration for the new vehicle. Additional proportional fees will be required for those jurisdictions that do not allow transfer credit.

(3)

If a vehicle is permanently withdrawn from a proportionally registered fleet because it has been destroyed, sold, or otherwise completely removed from the service of the registrant, the fees paid with respect to the vehicle will be applied against registration fees which may be payable for additions to the fleet during the same registration year.

(4)

If a vehicle of an apportioned fleet is withdrawn from the fleet, the vehicle cannot be returned to the fleet during the same registration year except upon payment of a proportional registration fee for the vehicle determined in accordance with §A, unless the vehicle was leased and the previous lease expired 30 days or more before the date of return to the fleet.

Increase in Registered Weight. The registered gross weight for a vehicle of a fleet may be increased after the commencement of the registration year by applying the mileage percentage used in the original application for registration of the fleet for the registration period to the difference between the regular registration fees for the current and the new weights for the remainder of the registration year. Application for a weight increase shall be filed and processed in the same manner as the original application, using supplemental registration forms furnished by the Administration.

Regulation .11 Temporary Registration.Link Copy Citation

Maryland Temporary Authorization Certificates.

(1)

Temporary authorization certificates may be obtained from the Motor Carrier Services Section of the Administration by apportioned vehicle registrants for use on an additional vehicle or when it is necessary to increase a vehicle's registered weight. The registrant's fees on its original apportioned registration application shall be paid before approval of the request for temporary authorization certificates. Temporary authorization certificates are not transferable and may not be used by another carrier.

(2)

The Administration may suspend the proportional registration privileges of any carrier who does not file within 5 days a supplemental application for proportional registration of a vehicle for which the carrier issued a temporary authorization certificate. The suspension will be in effect until the proportional registration of the additional vehicle is completed. Transfer credit will not be allowed for the vehicle.

Trip Permits.

(1)

Seventy-two hour trip permits may be obtained from the Administration or authorized issuing agents for the occasional or emergency operation into or through Maryland of vehicles registered in member jurisdictions but not proportionally registered in the State.

(2)

Each trip permit shall be carried in the cab of the vehicle for which the permit is issued.

Hunter's Permits. Twenty-day hunter's permits may be obtained from the Administration or authorized issuing agents for use by owner-operators whose lease with a carrier has terminated or for newly purchased vehicles.

Regulation .12 Billing and Payment Procedures.Link Copy Citation

Billing Notices. Upon the approval of an application for apportioned registration, the Administration will provide a billing notice to the registrant shown on the application. The notice will list the amount of all registration fees due to the State of Maryland as well as the apportioned registration fees due to each member jurisdiction.

Payment Procedures. Payment of the apportioned registration fees due to the Administration shall be made payable to the Motor Vehicle Administration (MVA).

Regulation .13 Registration Credentials.Link Copy Citation

Vehicle Identification.

(1)

Issuance of Plate and Cab Cards. Upon approval of an application for apportioned registration and payment of the necessary fees, the Administration shall issue the following to Maryland based carriers:

(a)

A Maryland base plate bearing the legend “apportioned”;

(b)

An apportioned cab card containing the following information:

(i)

Name and address of the registrant;

(ii)

Make and VIN of the vehicle;

(iii)

Maryland registration plate number and registered gross weight for Maryland;

(iv)

Name of each jurisdiction in which apportioned and registered gross weight for each jurisdiction; and

(v)

Other information as the Administration shall deem necessary.

(2)

Display. Credentials issued by the Administration shall be maintained or displayed as required by Transportation Article, §§13-409 and 13-411, Annotated Code of Maryland. The cab card shall be carried in the vehicle for which it is issued.

Replacement of Credentials.

(1)

Application. If a Maryland apportioned registration plate or cab card is defaced, lost, or stolen, the carrier shall apply for a replacement on the appropriate form furnished by the Administration accompanied by the fee provided in this chapter.

(2)

Replacement at Transfer. Application for replacement of a lost or stolen registration plate may not be accepted with a registration transfer application unless the cab card is surrendered with the supplement registration application.

(3)

Cab Cards. Application for replacement of a lost cab card may not be accepted at the time a supplemental registration application is filed.

Cancellation. The Administration may cancel or suspend apportioned registration plates, cab cards, and temporary registrations as authorized by Transportation Article, §13-705, Annotated Code of Maryland. Apportioned registration plates and cab cards shall be returned to the Administration when the registration is no longer required or is suspended or cancelled.

Regulation .14 Fees.Link Copy Citation

General. Registration fees for apportionable vehicle services shall be determined as follows.

(1)

For Non-Dump Service Vehicles.

(a)

Obtain the percentage factor for each member jurisdiction by dividing the miles travelled in each jurisdiction by the total fleet miles accrued during the reporting period. The Maryland mileage shall include the following:

(i)

Mileage accrued within Maryland; and

(ii)

Mileage accrued in any nonmember jurisdiction which does not apportion registration fees but which grants reciprocity.

(b)

Multiply the fee for each vehicle for each jurisdiction by the percentage factor obtained in §A(1) for each jurisdiction.

(c)

Add the products resulting from each computation to determine the total fee for registration of all vehicles in each jurisdiction for the registration year.

(2)

For Dump Service Vehicles.

(a)

(i)

Mileage accrued within Maryland; and

(ii)

Mileage accrued in any nonmember jurisdiction which does not apportion registration fees, but which grants reciprocity.

(b)

Multiply the fee for each vehicle for each jurisdiction, except Maryland, by the percentage factor obtained in §A(2)(A) of this regulation for each jurisdiction.

(c)

Add the total Maryland registration fee to the products resulting from each computation to determine the total fee for registration of all vehicles in each jurisdiction for the registration year.

Trailer and Auxiliary Axle Fees. The fee for the proportional registration fees of trailers, semitrailers, and auxiliary axles shall be computed for those jurisdictions which require it by using the same factor which determined the in-jurisdiction and total miles in §A. Since Maryland does not apportion these vehicles, the regular Maryland registration fee for trailers will be added to the apportioned fees.

Additional Vehicle Fees.

(1)

If a vehicle is to be added to a fleet to replace a vehicle having the same registered gross weight, no additional registration fee is due to the Administration for Maryland registration. However, additional fees will be due for those jurisdictions which do not allow transfer credits.

(2)

If the added vehicle is to have a higher registered gross weight than the vehicle it replaces, an additional registration fee is due, based on the difference between the registration fees of the vehicles, multiplied by the mileage percentage factor.

(3)

A registration transfer fee shall be paid in all cases.

Weight Increase. The fee for obtaining a higher registered gross weight for a vehicle shall be determined by multiplying the difference between the fees for the old and the new weight classifications by the applicable mileage percentage factors.

Cab Cards. The fee for a new cab card, issued in connection with the filing of a supplemental application requiring no additional Maryland registration fees, is as set forth in COMAR 11.11.05.

Duplicate Cab Cards. The fee for each duplicate cab card is as set forth in COMAR 11.11.05.

Transfer of Registration. The fee for transfer of registration from a vehicle within an apportioned fleet to another vehicle within the same fleet or another apportioned fleet of the same carrier is as set forth in COMAR 11.11.05.

Temporary Authorization Certificate. The fee for each temporary authorization certificate is as set forth in COMAR 11.11.05.

Hunter's Permit. The fee for a hunter's permit is as set forth in COMAR 11.11.05.

Trip Permit. The fee for a trip permit is as set forth in COMAR 11.11.05.

Nontitled Fleet Registration. The fee for establishing a registration record for an apportioned vehicle not titled in this State is as set forth in COMAR 11.11.05.

Refunds — Maryland Fees. A refund of Maryland's apportioned registration fees will be made if any of the following occur:

(1)

A billing error of a jurisdiction;

(2)

A duplication of registration fees paid for the same apportioned vehicle;

(3)

Payment in error of a full fee for a Maryland registration plate when only an apportioned registration is required;

(4)

An overpayment as determined by audit; or

(5)

A request for deletion of a vehicle listed on the original or renewal application for apportioned registration received on or before the first day of the registration year.

Regulation .15 Enforcement.Link Copy Citation

Enforcement Date. A Maryland apportioned registration plate shall be attached to a vehicle and the appropriate unexpired cab card carried in the vehicle.

Notification of Extension. If the extension of the enforcement date is necessary for any reason, the Administration will notify the law enforcement agency of each jurisdiction of the extension.

Regulation .16 Records and Audits.Link Copy Citation

Duty to Maintain.

(1)

Operation Records. Every apportioned carrier shall maintain the operational records on which its registration application is based for a period of 3 years. Operational records include documents supporting mileage travelled in each jurisdiction and total mileage travelled, such as fuel reports, trip sheets, logs and computer runs. An acceptable source document for verification of fleet mileage shall be some type of Individual Vehicle Mileage Record which shall be completed for each movement of a vehicle and which shall contain the following:

(a)

For records produced by a means other than a vehicle-tracking system:

(i)

The beginning and ending dates of the trip to which the records pertain;

(ii)

The origin and destination of the trip;

(iii)

The route of travel;

(iv)

The beginning and ending reading from the odometer, hubodometer, engine control module (ECM), or any similar device for the trip;

(v)

The total distance of the trip;

(vi)

The distance traveled in each jurisdiction; and

(vii)

The VIN or equipment number;

(b)

For records produced wholly or partly by a vehicle-tracking system, including a system based on the Global Positioning System (GPS):

(i)

The original GPS or other location data for the vehicle to which the records pertain;

(ii)

The date and time of each GPS or other system reading;

(iii)

The location of each GPS or other system reading;

(iv)

The beginning and ending reading from the odometer, hubodometer, ECM, or any similar device for the period to which the records pertain;

(v)

The calculated distance between each GPS or other system reading;

(vi)

The route of the vehicle’s travel;

(vii)

The total distance traveled by the vehicle;

(viii)

The distance traveled in each jurisdiction; and

(ix)

The VIN or equipment number; and

(c)

Summaries:

(i)

For each month, a summary of the fleet’s operations which includes both the full distance traveled by each apportioned vehicle in the fleet during the calendar month, and the distance traveled in the month by each apportioned vehicle in each jurisdiction; and

(ii)

For each calendar quarter, a summary of the fleet’s operations which includes both the full distance traveled by vehicles in the fleet during the calendar quarter, and the distance traveled in each jurisdiction by the vehicles in the fleet during the calendar quarters.

(2)

Failure to Maintain Records.

(a)

If the records produced by the registrant for audit do not, for the registrant’s fleet as a whole, meet the criteria or if, within 30 calendar days of the issuance of a written request by the State of Maryland, the registrant produces no records, the State shall impose on the registrant:

(i)

First offense: An assessment in the amount of 20 percent of the apportionable fees paid by the registrant for the registration of its fleet in the registration year to which the records pertain;

(ii)

Second offense: The Administration shall impose an assessment of 50 percent of the apportionable fees paid by the registrant for the registration of its fleet in the registration year to which the records pertain; and

(iii)

Third or subsequent offense: The Administration shall impose an assessment of 100 percent of the apportionable fees paid by the registrant for the registration of its fleet in the registration year to which the records pertain.

(b)

The Administration shall distribute the amounts of assessment it collects under this subsection on a pro rata basis to the other jurisdictions in which the fleet was registered.

Audit of Records.

(1)

General. Operational records of a carrier shall be subject to audit by the Administration and shall be made available by the carrier within 30 days of notice from the Motor Carrier Services Section. The carrier shall pay any deficiency found due as the result of the audit.

(2)

Out-of-State Records. If the operational records of a carrier are not located or made available in Maryland, the carrier shall pay the per diem and travel expenses of Maryland's auditors.

Chapter 23. Special Registration Plates for Recipients of Combat-Related Armed Forces Medals and Honorably Discharged Veterans

Regulation .01 Scope.Link Copy Citation

The Administration, in cooperation with the U.S. Department of Defense, the Maryland Department of Veterans Affairs, and appropriate representatives of the various branches of the armed forces, shall maintain a list of combat-related medals which, when awarded to an individual who registers a vehicle in this State, qualify that individual for special registration under this chapter.

An individual who was honorably discharged from a branch of the armed forces of the United States may apply for special registration.

An individual who is the surviving spouse, parent, child, or sibling of a person who served in the Armed Forces of the United States and lost their life may apply for special registration plates depicting the Gold Star.

Regulation .02 Eligible Classes of Vehicles — Repealed.Link Copy Citation

Regulation .03 Fees.Link Copy Citation

In addition to the annual registration fee required for a vehicle, a nonrefundable fee as set forth in COMAR 11.11.05 shall be paid for special registration plates under this chapter.

The nonrefundable fee shall be assessed each time new or substitute special registration plates are issued.

Regulation .04 Special Registration Number and Plates.Link Copy Citation

A special registration number as specified by the Administration and assigned under this chapter consists of a logo depicting the medal, the alpha characters CR, five numeric characters, and the name, initials, or abbreviation of the name of the medal awarded on the bottom of the special registration plates, unless otherwise specified in this regulation.

Individuals awarded the Medal of Honor or the Purple Heart or who are honorably discharged veterans shall be assigned special registration plates depicting the Medal of Honor and the alpha characters MH or a Purple Heart Medal and the alpha characters PH. The bottom of the special registration plates shall reflect the Medal of Honor or Purple Heart respectively.

Individuals who are honorably discharged veterans of the Armed Forces of the United States shall be assigned special registration plates depicting the American flag, the alpha characters HDV, and the words Honorably Discharged Veteran on the bottom of the plates.

Individuals awarded the Combat Infantry Badge shall be assigned special registration plates depicting the Combat Infantry Insignia, the alpha characters CIB, and the words Combat Infantry on the bottom of the plates.

Individuals who are veterans of World Ward II shall be assigned special registration plates depicting the World War II Victory Medal, the alpha characters WWV, and the words World War II Veteran on the bottom of the plates.

Special registration plates depicting the Gold Star shall have the alpha characters GS, and the words Gold Star on the bottom of the plates.

A special registration plate issued for a Class D motorcycle may not have the words describing the medal printed across the bottom of the plate.

Upon receipt of the special registration plates, the individual shall return previously issued registration plates to any Administration office for cancellation of the previous registration.

Regulation .05 Certification of Combat-Related Medal.Link Copy Citation

The owner, co-owner, or lessee of the vehicle to be registered under this chapter shall provide proof that is satisfactory to the Administration with the application for registration as follows:

For a combat-related registration, proof shall be one of the following:

(1)

Copy of military discharge record (Form DD 214);

(2)

Copy of permanent combat-related award certificate; or

(3)

Written proof from the National Personnel Records Center that the owner, co-owner, or lessee of the vehicle has been awarded the combat-related medal or qualifies for other combat-related plates under this chapter;

For an honorably discharged veteran registration, proof shall be a copy of the military record (Form DD 214) evidencing an honorable discharge; or

For a Gold Star registration, proof shall be one of the following;

(1)

Copy of the application for a Gold Star Lapel Button (Form DD-3) approved by the Department of Defense;

(2)

Copy of the casualty report issued by the military indicating the name and date of death;

(3)

Copy of an overseas death certificate issued by the military indicating the name and date of death; or

(4)

Self-certification by the applicant for a casualty that occurred in World War I, World War II, or the Korean War.

Regulation .06 Cancellation of Registration.Link Copy Citation

The Administration has the right to suspend a registration granted under this chapter if the applicant for registration is found, after hearing, to have perpetrated a fraud against the Administration in obtaining the special registration.

Regulation .07 Retention of Special Registration Plates.Link Copy Citation

A family member of the deceased owner of special registration plates issued under Transportation Article, §13-619.1, Annotated Code of Maryland, may retain the special registration plate displayed on the front of the deceased owner's vehicle as a keepsake after providing satisfactory proof that the:

(1)

Owner of the special registration plates is deceased;

(2)

Special registration plates have been cancelled or are expired; and

(3)

Special registration plate with the validation tabs displayed on the rear of the deceased owner's vehicle has been surrendered to the Administration.

A special registration plate retained under the provisions of this regulation may not be displayed on any vehicle.

Chapter 24. Proportional Registration of Rental Vehicles

Regulation .01 Purpose.Link Copy Citation

It is the purpose of these regulations to promote and encourage the fullest possible use of the highway system, and recognize the benefits which accrue to the economy of this State from the uninterrupted flow of commerce by authorizing the proportional registration of fleets of rental vehicles and extending reciprocity to properly registered fleets.

Regulation .02 Scope.Link Copy Citation

The provisions of these regulations extend to fleets of rental vehicles that are rented or offered for rental without drivers.

Regulation .03 Definitions.Link Copy Citation

In these regulations, the following terms have the meanings indicated.

Terms Defined.

(1)

“Administration” means the Motor Vehicle Administration.

(2)

“Owner” means a person in whose name or names a vehicle is properly registered.

(3)

“Person” means an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind and any partnership, firm, association, public or private corporation, or other entity.

(4)

“Preceding year” means the period of 12 consecutive months immediately before September 1st of the year immediately preceding the beginning of the registration year for which proportional registration is sought.

(5)

“Rental fleet” means five or more rental vehicles which are rented or offered for rent without drivers and are designated by a rental owner as a rental fleet.

(6)

“Rental owner” means an owner principally engaged, with respect to one or more rental fleets, in renting or offering for re-rental to others the vehicles of these fleets without drivers.

(7)

“Rental vehicle” means any vehicle that is part of a rental fleet.

(8)

“Renting” means the giving or possession and control of a rental vehicle for valuable consideration for a specified period of time not to exceed 180 days.

(9)

“State” means a state of the United States, the District of Columbia, or a province or territory of Canada.

Regulation .04 Reciprocity Extended to Rental Vehicles.Link Copy Citation

A rental vehicle owned by any person, and which travels in interstate service, shall be extended full privileges to operate on highways in this State if the:

Vehicles of the rental fleet are titled and registered in Maryland;

Rental fleet is titled and registered in accordance with the provisions of Regulation .05; or

Rental fleet is fully registered under the International Registration Plan.

Regulation .05 Proportional Registration of Rental Motor Vehicles.Link Copy Citation

A rental fleet may be proportionally registered if the rental:

(1)

Vehicles are identifiable as part of the designated rental fleet; and

(2)

Fleet is maintained by the rental owner in two or more states from which vehicles of the rental fleet are rented or offered for rent.

An applicant for proportional registration of a rental fleet shall file an application with the Administration on the form required by the Administration.

The application shall contain information disclosed under oath, and as required by the Administration, to determine the eligibility of the applicant for proportional registration. The application shall contain such other information as may be required by the Administration for the proper registration of the rental fleet.

Applications shall be filed on the date specified by the Administration, and fees shall be paid on the vehicles to be registered in this State as determined by §§E and F.

The percentage of the total number of rental vehicles in a rental fleet, as determined in §F, shall be fully registered and titled in this State.

The percentage to be fully registered and titled shall be determined by dividing the gross revenue received in the preceding year for the use of the rental vehicles arising from all motor vehicle rental transactions occurring in this State by the total gross revenue received in the preceding year for the use of the rental vehicles arising from all rental transactions occurring in all jurisdictions in which the rental fleet is operated. That percentage of the total number of rental vehicles in the rental fleet, rounded off to the nearest whole number, shall be fully registered and titled in Maryland.

When vehicles are added to the fleet after the first day of the licensing year, the same percentage factor used at the beginning of that licensing year shall be used in determining the number of additional vehicles required to be registered in Maryland.

After an application has been approved, and upon payment of the appropriate fees, the Administration shall issue:

(1)

The registration plates or validation stickers; and

(2)

A registration card which identifies the vehicle as part of a rental fleet.

The registration card shall be carried at all times in or upon the vehicle for which it has been issued.

Regulation .06 Insurance.Link Copy Citation

Vehicles rented or leased in Maryland, regardless of the state of registration, shall have and maintain automobile liability insurance in compliance with Transportation Article, Titles 17 and 18, Annotated Code of Maryland.

Regulation .07 New Operations.Link Copy Citation

The initial application for proportional registration shall state the revenue data for the preceding year with respect to the rental fleet.

If no operations were conducted with the rental fleet during the preceding year, the application shall contain a full statement of the proposed method of operation and an estimate of the revenue of each state.

The Administration may adjust the estimate in the application if the estimated numbers are incorrect or unreasonably forecast.

Regulation .08 Preservation of Records and Audit.Link Copy Citation

Records.

(1)

An owner whose application for proportional registration has been accepted shall preserve the records on which the application is based for a period of 3 years after the close of the registration year.

(2)

The records shall be made available upon request and during normal business hours to representatives of the Administration, for audit as to the records' accuracy.

(3)

If the records are not available to substantiate the information shown on the owner's application, the Administration shall give the owner 30 days written notice to provide the records.

(4)

Monthly and yearly records shall be maintained to accurately reflect the inventory count and Maryland registrations. Inventory records shall include a:

(a)

Count of the vehicles not rented, located in each jurisdiction, at the time of the inventory count;

(b)

Count of the entire fleet owned or operated, whether rented or not rented, at the time of the inventory count; and

(c)

Listing of registration plate numbers and dates purchased each year.

(5)

Registration records and cancelled checks representing payment for license plates purchased or renewed shall be available for auditor review.

Audit.

(1)

After reviewing the records in §A of this regulation, the Administration shall determine if any deficiencies exist, and shall advise the owner of any necessary corrective measures.

(2)

Failure to correct any deficiencies may result in the suspension of all registrations issued to an owner.

Hearing. Before a suspension of a registration issued under these regulations, an owner may request a hearing under the provisions of State Government Article, §§10-201—10-217, Annotated Code of Maryland.

Chapter 25. Certificate of Origin

Regulation .01 Definition.Link Copy Citation

In this chapter, “certificate of origin” has the meaning stated in Transportation Article, §13-101, Annotated Code of Maryland.

Regulation .02 Uniform Manufacturer's Certificate of Origin.Link Copy Citation

The Manufacturer's Certificate of Origin for a new motor vehicle shall have the security features and be in the form recommended by the American Association of Motor Vehicle Administrators.

A distributor of motor vehicles, licensed under Transportation Article, Title 15, Annotated Code of Maryland, may issue the uniform certificate of origin on behalf of the manufacturer of a new motor vehicle.

The Manufacturer’s Certificate of Origin for trailers, with a gross vehicle weight of 3,000 pounds or less, may be exempt from the security features required in §A of this regulation.

Regulation .03 Return of Certificate of Origin.Link Copy Citation

The Administration may not return a certificate of origin unless the certificate of origin accompanies an application for title reflecting a vehicle different than the vehicle actually sold.

Chapter 26. Refund of Excise Tax

Regulation .01 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Administration” means the Motor Vehicle Administration.

(2)

“Consumer” has the meaning stated in Commercial Law Article, §14-1501(b), Annotated Code of Maryland.

(3)

“Owner” has the meaning stated in Transportation Article, §11-143, Annotated Code of Maryland.

Regulation .02 Refund of Excise Tax.Link Copy Citation

The Administration may not refund an excise tax collected under Transportation Article, §13-809, Annotated Code of Maryland, except under the following conditions:

The return of a vehicle under Commercial Law Article, §14-1502, Annotated Code of Maryland;

A determination by the Administration that an overpayment of excise tax has been made as a result of an error in the computation of tax at the time the vehicle is titled; or

The acceptance, by voluntary agreement, of the return of a vehicle by a dealer from a consumer or owner within 60 days from the date of sale, provided the vehicle is not being accepted for purposes of trade in exchange for another vehicle.

Regulation .03 Excise Tax — Replacement Vehicle.Link Copy Citation

The Administration shall allow a credit for any excise tax paid by a consumer or owner for a vehicle returned under Regulation .02A and C of this chapter towards the excise tax imposed for a replacement vehicle.

If the excise tax on the replacement vehicle exceeds that paid on the returned vehicle, the consumer or owner shall pay the difference to the dealer.

If the excise tax on the replacement vehicle is less than that paid on the returned vehicle, the Administration shall refund the difference to the consumer or owner.

Chapter 27. Four or More Axle Dump Service Vehicles

Regulation .01 Scope and Application.Link Copy Citation

Operating Requirements. This chapter establishes the:

(1)

Operating requirements for a vehicle with four or more axles, one of which shall be a lift axle, operating with a dump service registration at a maximum 70,000 pound gross vehicle weight (GVW); and

(2)

Requirements for the lift axle to be used on this vehicle.

A new manufactured or modified vehicle subject to these regulations shall meet or exceed all applicable federal Motor Vehicle Safety Standards (49 CFR 393, 567, and 568) and appropriate State safety laws and standards.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Authorized dealer” means a Maryland dealer licensed as a truck inspection station.

(2)

“Dump service registration” means registration of a vehicle under the provisions of Transportation Article, §13-919, Annotated Code of Maryland.

(3)

“Gross vehicle weight (GVW)” means the total vehicle weight, including load, as designated by the vehicle manufacturer.

(4)

“Lift axle” means a variable load suspension axle that can be raised and lowered, and is capable of carrying a minimum axle load of 13,500 pounds to support the weight of a loaded vehicle operating with a gross vehicle weight of 70,000 pounds, with a maximum tolerance of minus 1,500 pounds when the lift axle is fully engaged.

(5)

“Second-stage manufacturer” means a person who performs operations on an incomplete vehicle, or retrofits an existing vehicle, so that it becomes a complete vehicle in accordance with these regulations and with Transportation Article, §13-919, Annotated Code of Maryland.

Regulation .03 Incorporation by Reference.Link Copy Citation

In this chapter, 49 CFR 393, 567, and 568 (1993) are incorporated by reference.

Regulation .04 Three-Axle Vehicles — Repealed.Link Copy Citation

Regulation .05 Lift Axle and Vehicle Design Requirements.Link Copy Citation

New Vehicle.

(1)

The lift axle installed on a vehicle shall have a manufacturer's, second-stage manufacturer's, or authorized dealer's certification to carry a minimum axle load of 13,500 pounds, with a maximum tolerance of minus 1,500 pounds, or higher if the load imposed by design is greater.

(2)

The lift axle shall be designed to ensure sufficient air pressure which will maintain a minimum axle load capacity of 13,500 pounds, with a maximum tolerance of minus 1,500 pounds, when fully engaged on an evenly loaded vehicle with a GVW of 70,000 pounds.

(3)

All components on the vehicle shall be certified by the manufacturer, second-stage manufacturer, or authorized dealer that they are of a design and type capable of safely carrying the load induced by a four or more axle vehicle with a minimum load capacity of 13,500 pounds, with a maximum tolerance of minus 1,500, pounds on the lift axle when fully engaged at 70,000 pounds.

(4)

The lift axle shall be designed so that when in the down position the axle can only be fully engaged.

(5)

Switches and Controls.

(a)

A switch capable of only fully engaging or disengaging the lift axle may be located in the cab of the vehicle.

(b)

An air pressure adjustment control may not be located in the cab of the vehicle.

(6)

A standard automotive air pressure valve for the lift axle shall:

(a)

Be supplied on each vehicle that uses a lift axle;

(b)

Have an external valve stem;

(c)

Be located on the outside of the passenger side of the vehicle towards the rear of the cab; and

(d)

Be readily accessible and visible for examination.

(7)

A vehicle shall be certified by a manufacturer, second-stage manufacturer, or authorized dealer to be in compliance with the provisions of this section.

Existing Vehicles.

(1)

All components including a lift axle added on a retrofitted vehicle shall meet the design requirements specified in §A of this regulation.

(2)

The owner of a retrofitted vehicle shall comply with the provisions of COMAR 11.15.20.05.

Regulation .06 Certification.Link Copy Citation

Certification of compliance with Regulation .05 of this chapter shall be:

(1)

Documented on letterhead stationery by the manufacturer, second-stage manufacturer, or authorized dealer and shall include, in addition to information required by 49 CFR §§567.4 and 567.5:

(a)

The lift axle air pressure in pounds per square inch for an axle load of 12,000 pounds when the vehicle is evenly loaded between 65,000 and 70,000 pounds GVW, and

(b)

The manufacturer's, second-stage manufacturer's, or authorized dealer's license number; and

(2)

Carried in the vehicle at all times and produced upon the demand of a law enforcement officer.

The certification completed by the manufacturer, second-stage manufacturer, or authorized dealer in accordance with the provisions of §A of this regulation shall be submitted to the Motor Vehicle Administration at the time of registration.

The owner of a vehicle, when applying for a dump service registration, shall certify that the vehicle shall be operated in compliance with the requirements of these regulations and complies with the provisions of COMAR 11.15.20.05.

Regulation .07 Vehicle Operation.Link Copy Citation

The lift axle shall be fully engaged by a dump service vehicle, which is registered for 70,000 pounds, when operating with a GVW above 55,000 pounds.

Lift Axle Loading Requirements.

(1)

When fully engaged in accordance with §A of this regulation, the lift axle shall have certified air pressure to assure the minimum load of 13,500 pounds with a maximum tolerance of minus 1,500 pounds for an evenly loaded vehicle with a GVW of 70,000 pounds.

(2)

A vehicle operating with a GVW of less than 70,000 pounds but more than 55,000 pounds shall have a minimum lift axle loading of:

(a)

10,000 pounds for GVW of 65,000 to 69,999 pounds; and

(b)

8,000 pounds for GVW of greater than 55,000 to 64,999 pounds.

The lift axle may be disengaged during:

(1)

Turns at intersections;

(2)

Turns at sharp curves with a posted speed limit of 15 mph or less;

(3)

Entering and exiting delivery or loading locations;

(4)

Movement on driveways;

(5)

Unloading; or

(6)

Travel on routes with a snow emergency declared in accordance with Transportation Article, §21-1119, Annotated Code of Maryland.

A lift axle disengaged under §C of this regulation may be disengaged for 1/4 mile before and 1/4 mile after the authorized raising of the lift axle during operation.

Regulation .08 Enforcement.Link Copy Citation

A dump service registration vehicle registered for 70,000 pounds GVW, traveling with a GVW over 55,000 pounds without the lift axle being fully engaged shall be in violation of Maryland law and subject to a recommended fine of $500.

A dump service registration vehicle that is operating over 55,000 pounds GVW and displaying the proper reading on the air pressure gauge in accordance with the provisions of Regulation .06A of this chapter, but found to have a weight below the minimum required on the lift axle, as specified in Regulation .07B of this chapter, shall receive a safety equipment repair order, as defined in COMAR 11.14.01.01B(17), for an inaccurate lift axle air/weight ratio.

A dump service registration vehicle that receives a safety equipment repair order in accordance with the provisions of §B of this regulation shall be inspected during normal business hours by:

(1)

A Maryland manufacturer;

(2)

A Maryland second-stage manufacturer;

(3)

An authorized dealer;

(4)

A Maryland licensed truck inspection station; or

(5)

A State-operated weight facility.

A dump service registration vehicle suspected of operating in violation of §A of this regulation may be weighed by a law enforcement officer.

Enforcement of Air Pressure Requirements.

(1)

Enforcement of proper lift axle air pressure shall be by measuring pounds of air pressure on the lift axle and comparing this figure with the air pressure certificate.

(2)

The air pressure gauge used for enforcement shall:

(a)

Have an accuracy of ±0.5 pound per square inch;

(b)

Be measured in 1 pound increments between 0 and 100 pounds;

(c)

Be equipped with an air pressure release system capable of retaining the reading until purged; and

(d)

Have calibration traceable to the National Institute of Standards and Technology.

(3)

The air pressure gauge used under the provisions of §E(2) of this regulation may be calibrated on a daily basis and shall be certified on not less than a semiannual basis.

If a law enforcement officer determines that the lift axle is operating below the required minimum air pressure and in violation of Maryland law, a citation may be issued with the recommended fine in accordance with the schedule shown below:

Chapter 28. Vehicle Registration Suspension and Nonrenewal for Failure to Pay Toll

Regulation .01 Scope.Link Copy Citation

This chapter establishes procedures governing the suspension or nonrenewal by the Administration of vehicle registrations for the failure to pay a notice of toll due, pursuant to Transportation Article, §§21-1414 and 27-110, Annotated Code of Maryland.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Administration” means the Motor Vehicle Administration.

(2)

"Authority" means the Maryland Transportation Authority or its designated agent.

(3)

“Toll violation” has the meaning stated in Transportation Article, §21-1414(a)(9), Annotated Code of Maryland.

Regulation .03 Request for Nonrenewal.Link Copy Citation

The Administration shall refuse the registration of any motor vehicle incurring a toll violation upon notification from the Authority.

The registered owner of a vehicle shall resolve with the Authority all outstanding toll violations, including fees and fines.

The Administration may renew or transfer the vehicle registration only after the Authority notifies the Administration in accordance with COMAR 11.07.07.08A(1)(b).

Regulation .04 Vehicle Registration Suspension.Link Copy Citation

The Administration shall suspend the registration of any motor vehicle incurring a toll violation upon notification from the Authority.

The registered owner of a vehicle shall resolve with the Authority all outstanding toll violations, including fees and fines.

The Administration may lift the suspension only after the Authority notifies the Administration in accordance with COMAR 11.07.07.08B(1)(c).

Regulation .05 Notice of Suspension.Link Copy Citation

A notice of a proposed suspension by the Administration of a vehicle registration for failure to pay a toll violation shall:

Be in writing;

Be personally served on the registered owner by U.S. mail sent to the registered owner at the address of the individual on record with the Administration;

State the reason for the suspension; and

Advise the individual that all toll violations must be resolved with the Authority before the suspension may be lifted.

Chapter 29. Rejection of Registration Plates

Regulation .01 Scope and Applicability.Link Copy Citation

The owner of a vehicle in a class eligible for registration plates consisting of letters, numbers, emblems, terms, symbols, logos, or a combination of them may apply for a special registration plate from the Administration.

This chapter applies to all registration plates issued under COMAR 11.15.07 and 11.15.19 regardless of the date of issuance.

Regulation .02 Refusal to Issue Registration Plates.Link Copy Citation

The Administration may refuse to issue or rescind issuance of a registration plate containing letters, numbers, emblems, terms, symbols, logos, or a combination of them which:

Is identical to one already issued by the Administration;

Is being requested for a fraudulent or deceptive purpose;

Has a scatological or sexual meaning or connotation;

Contains profanities, epithets, or obscenities;

Communicates a message of any kind about any of the following characteristics of a group of people:

(1)

Race,

(2)

Ethnic or national origin,

(3)

Color,

(4)

Religion,

(5)

Disability, or

(6)

Sexual orientation;

Makes reference to the commission of illegal acts; or

Contains any other combination that the Administrator finds unacceptable within the law.

Regulation .03 Compliance.Link Copy Citation

The Administration shall determine compliance with the conditions set forth in Regulation .02 of this chapter by reference to current and historical usage.

Regulation .04 Complaints.Link Copy Citation

A complaint that a plate violates the conditions of Regulation .02 of this chapter may cause the Administration to review the matter, but may not by itself serve as a basis for a determination that the conditions of Regulation .02 of this chapter have been violated.

Regulation .05 Administrative Appeals.Link Copy Citation

An organization or individual whose preferred letters, numbers, emblems, terms, symbols, logos, or a combination of them are disapproved by the Administration under this chapter is entitled to a hearing before the Office of Administrative Hearings pursuant to the Administrative Procedures Act.

Chapter 30. Issuance of Special Agriculture Registration Plates

Regulation .01 Issuance of Special Agriculture Registration Plates.Link Copy Citation

In accordance with Transportation Article, §13-619.2, Annotated Code of Maryland, the Motor Vehicle Administration may issue a specially designed registration plate to honor Maryland agriculture.

Special agriculture registration plates issued to vehicles registered as Class A, E, or M vehicles, with disabled person's or personalized plates, may be of a different design than those issued to other Class A, E, or M vehicles.

Special agriculture registration plates issued to vehicles exempt from registration fees under Transportation Article, §13-903, Annotated Code of Maryland, to the Maryland National Guard, or to volunteer fire, rescue, or ambulance companies in Maryland, shall be of the same design as the plates issued to vehicles not exempt from the additional registration fee.

If special agriculture registration plates are issued as replacements for other registration plates, the previously issued plates and registration certificate shall immediately be surrendered to the Motor Vehicle Administration.

Regulation .02 Distribution of Funds.Link Copy Citation

The fee provided for in COMAR 11.11.05.04(A)(3)(a) for original special agriculture registration plates shall be distributed equally between the Motor Vehicle Administration and the Maryland Agricultural Education Foundation.

The fee provided for in COMAR 11.11.05.04(A)(3)(b) for renewal of special agriculture registration plates shall be distributed to the Maryland Agricultural Education Foundation.

Money collected through the sale and renewal of special agriculture registration plates and due to the Maryland Agricultural Education Foundation shall be transferred monthly to the Foundation.

Regulation .03 Nature of the Maryland Agricultural Education Foundation.Link Copy Citation

The Maryland Agricultural Education Foundation is a nonprofit organization created as a result of the Governor's Task Force on Agricultural Education in 1989 to promote the education and appreciation of agriculture in the State.

Chapter 31. Electronic Transmission of Titling and Registration Information

Regulation .01 Purpose.Link Copy Citation

The purpose of this chapter is to:

Govern the electronic transmission of vehicle titling and registration information and transactions; and

Determine the fee charged for this service as authorized under Transportation Article, §§13-108.1 and 13-610, Annotated Code of Maryland.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Administration” means the Motor Vehicle Administration.

(2)

“Authorized user” means an employee of an authorized participant who is designated by that participant to use the electronic system.

(3)

“Authorized user affidavit” means a written agreement between the Administration and an authorized user of the electronic system.

(4)

“Contractor” means a person who has entered into an agreement with the Administration to provide an electronic system that links the Administration with authorized participants, for the purpose of accessing vehicle information and processing vehicle title and registration transactions electronically.

(5)

“Contractor's agreement” means a written agreement between the Administration and a contractor who establishes and provides an electronic system.

(6)

“Electronic system” means the host system and computer program established by the contractor, and approved by the Administration, used by participants to electronically access vehicle information and process vehicle title and registration transactions.

(7)

“Electronic system agreement” means a written agreement between a contractor and a participant that allows the use of the electronic system and establishes the fees paid to the contractor by the participant.

(8)

“Host system” means the computer system created by the contractor as an interface between the participant's and the Administration's computer.

(9)

“Participant” means a “service provider” as defined in Transportation Article, §13-610, Annotated Code of Maryland, who has entered into an agreement with the Administration and a contractor who provides the participant use of the electronic system.

(10)

“Participant's agreement” means a written agreement between the Administration and the participant that authorizes electronic access to Administration records for the limited purpose of titling and registering vehicles in Maryland.

(11)

“Program” means the computer program established by the contractor, and approved by the Administration, to electronically access vehicle information and process vehicle title and registration transactions.

(12)

“Registered agent” means a person registered with the State Department of Assessments and Taxation as agent for service of process on the contractor.

(13)

“Soundex code” means an identification code issued by the Administration to an individual or company for the purpose of entering, locating, and retrieving information in a database.

Regulation .03 Service Agreement — General.Link Copy Citation

The Administration, in accordance with procurement procedures established by the laws of Maryland, may accept proposals and execute agreements with independent contractors.

The agreement shall be made and entered into in Maryland, and under the laws of Maryland.

The laws of Maryland shall govern the resolution of any issues arising in connection with the agreement, including but not limited to:

(1)

All questions concerning the validity of the agreement;

(2)

The capacity of the parties to enter into a agreement;

(3)

Any modification or amendment to the agreement; and

(4)

The rights and obligations under the agreement.

The agreement:

(1)

Shall be the exclusive statement of the parties with respect to its subject matter;

(2)

May not be modified, in any manner, except by written amendment that has been executed by the parties and approved according to the procedures established by State law and regulation; and

(3)

May not be assigned except by written amendment that has been executed by the parties and approved according to the procedures established by State law and regulation.

Severability. If any provision or portion of an agreement is determined by a court of law to be void, invalid, or otherwise unenforceable, that provision or portion may be renegotiated by the parties, but the remainder of the agreement shall remain in effect.

Regulation .04 Contractor's Agreement.Link Copy Citation

The contractor's agreement:

(1)

Shall be the product of mutual negotiations and neither party may be construed as the primary drafter of the agreement;

(2)

Shall include a technical proposal;

(3)

Shall define services under the terms of the agreement and technical proposal; and

(4)

May not be deviated from unless approved, in advance, by the Administration.

The contractor shall:

(1)

Enter into a written agreement with the Administration to create an electronic system for the:

(a)

Purpose of accessing vehicle information, processing vehicle title and registration transactions; and

(b)

Transfer of funds between participants and the Administration;

(2)

Have a written agreement approved by the Administration with approved participants, before transmitting vehicle title and registration transactions and fees to the Administration by way of the electronic system; and

(3)

Enter into a contractual agreement with each authorized participant to provide the participant:

(a)

With the capacity to use the electronic system; and

(b)

Access to vehicle title and registration transactions only as approved by the Administration.

Only the Administration may authorize an entity's use of the electronic system to electronically transmit approved title and registration transactions, and fees as a participant.

Participants may include, but are not limited to:

(1)

A licensed dealer as defined in Transportation Article, §§11-111 and 15-301, Annotated Code of Maryland;

(2)

A licensed title service agent as defined in Transportation Article, §15-601, Annotated Code of Maryland;

(3)

A licensed automotive dismantler and recycler as defined in Transportation Article, §15-501, Annotated Code of Maryland;

(4)

A state agency or political subdivision pursuant to Transportation Article, §13-404, Annotated Code of Maryland;

(5)

A vehicle leasing company; or

(6)

A banking or financial institution.

Regulation .05 Participant's Agreement.Link Copy Citation

The participant's agreement authorizes a participant to:

(1)

Access the Administration's vehicle records and use the electronic system for the limited purpose of titling and registering vehicles in Maryland;

(2)

Process vehicle transactions;

(3)

Issue registration documents; and

(4)

Collect appropriate fees on behalf of the Administration.

The participant's agreement:

(1)

Shall require the participant to transfer funds to the contractor's account on the same date vehicle transaction data is transmitted;

(2)

Shall require the participant to indemnify the contractor and the Administration, jointly and severally, for and against any and all claims, losses, damages, judgments, liabilities, or similar costs and expenses that arise in whole or in part out of acts or omissions of the participant with respect to the electronic system or the application of laws restricting access to disclosure of vehicle records available through the electronic system, including, without limitation, reasonable attorney's fees and other costs of defending any action or claim;

(3)

Shall remain in effect as long as the participant's business license issued, or renewed, under Transportation Article, Title 15, Annotated Code of Maryland, remains in effect; and

(4)

May be terminated by:

(a)

A participant upon written notice to the Administration;

(b)

The Administration at any time by giving notice to the participant; or

(c)

The contractor upon written notice to the Administration and the participant.

Regulation .06 Electronic Interface.Link Copy Citation

Establishment. Pursuant to this chapter, a contractor shall develop the following at its own expense:

(1)

An electronic system that will enable authorized participants to:

(a)

Access vehicle records and process vehicle title and registration transactions electronically; and

(b)

Issue permanent registration plates and stickers for their customers at the point of vehicle sale; and

(2)

A computer program for the electronic transfer of funds collected by participants for titling and registration fees and to ensure that all moneys collected by participants are transferred to the proper account on the same date the vehicle transaction data is transmitted.

Specifications.

(1)

A contractor shall develop and maintain an electronic system that allows a participant's terminal, when under the control of an authorized user, access to information available from the Administration's databases using the contractor's electronic system.

(2)

A contractor shall interface to the Administration's mainframe in accordance with the Administration's specifications.

(3)

The Administration reserves the right to select the method of connection to be used by each participant, provided the security measures set forth in Regulation .11D of this chapter are met.

(4)

The specifications described in this regulation may not be materially changed in any manner except by written amendment to the agreement and approved according to the procedures established by State law and regulation.

Software Escrow.

(1)

The contractor's software, for which the contractor or others have copyright or ownership rights in its current version and in its most recent past version, used to perform the work required by this regulation shall be escrowed with an independent third party who will act as an escrow agent.

(2)

Software shall include:

(a)

All source codes;

(b)

Maintenance tools;

(c)

Proprietary or third party utilities;

(d)

Descriptions of the software program generation;

(e)

Names and home addresses of key programmers; and

(f)

Documentation, and related materials.

(3)

Copies of all licenses or agreements, which permit the contractor to use commercially available software in performing the work required by this regulation, shall also be escrowed.

(4)

The Administration shall approve the escrow agent and the contractor's and escrow agent's escrow policies and procedures regarding, but not limited to:

(a)

Frequency of escrowed software updates;

(b)

Maintenance of escrowed items at the escrow agent;

(c)

Item release conditions;

(d)

Procedures for dispute resolution; and

(e)

The name and address of the party who shall periodically audit the escrow account.

(5)

Escrowed item formats may include, but are not limited to, magnetic tapes, disks, disk packs, diskettes, compact disks, compact disk read-only memory, other forms of media in machine readable form, and the written documentation prepared in connection with the software.

(6)

Escrowed software may not include encrypted data with any keys provided, or with viruses or corrupted data.

Upgrades. A contractor shall obtain written approval from the Administration before the implementation of any software modifications or enhancements.

Regulation .07 Distribution of Materials.Link Copy Citation

A contractor shall make available to the participants a supply of vehicle registration materials adequate to meet demand, subject to inventory control and record-keeping requirements as established by the Administration.

Regulation .08 Transfer of Electronic Vehicle Transactions.Link Copy Citation

A contractor shall collect from participants and transmit to the Administration the following:

Applications for certificate of title;

Applications for vehicle registration and renewals of registration;

Related filings, applications, and other matters of official business which may from time to time be approved for inclusion in the program as agreed on by the Administration, the contractor, and participant; and

A record of payments made for fees, sales taxes, penalties, and other charges relating to this chapter.

Regulation .09 Collection and Transfer of Funds.Link Copy Citation

Responsibility of Participant. A participant:

(1)

Shall bear sole responsibility for the collection of funds that are transferred by the participant to the contractor's account;

(2)

Shall transmit all funds and data in accordance with Transportation Article, §13-113, Annotated Code of Maryland; and

(3)

May be relieved of its responsibilities for the transfer of the funds to the contractor only when evidence is shown that the proper funds were electronically transferred to the contractor's account.

Electronic Transfer of Funds. The contractor:

(1)

Shall collect from the participant all fees, payments, sales taxes, penalties, and other sums collected by participants in connection with vehicle titling, registration, registration renewal, and other services as agreed on;

(2)

Shall transfer electronically to the account of the State Treasurer immediately upon receipt from the participant, all moneys due the Administration;

(3)

Shall transfer funds simultaneously with the transmission of related title and registration information;

(4)

May not debit the State Treasurer's account without written authorization from the Administration; and

(5)

Shall promptly notify the Administration if the contractor fails to receive final collected funds of any funds transferred by the participant.

Treasury Regulations Applicable. Electronic fund transfers shall be conducted in accordance with:

(1)

Applicable regulations of the State Treasurer's Office; and

(2)

Any further terms, conditions, and procedures consonant with those regulations, as may be required by the Administration.

Guarantor. The contractor shall be construed as a guarantor of payments made by the participants and transferred by the contractor.

Compensation.

(1)

The contractor may not receive compensation from the Administration for transmitting vehicle title and registration transactions to the Administration by way of the electronic system.

(2)

Pursuant to agreement, contractors may charge participants:

(a)

Monthly participation fees; and

(b)

Fees for each electronic submission of vehicle title and registration transactions.

(3)

Pursuant to Transportation Article, §13-610, Annotated Code of Maryland, and COMAR 11.12.01.23, a participant may charge customers a separate service fee for providing services by way of the electronic system.

(4)

A participant may not charge any other fees for filling out applications or for other services relating to vehicle title or registration transactions processed by way of the electronic system, unless authorized to do so by the Administration.

Regulation .10 Equipment and Maintenance.Link Copy Citation

Equipment.

(1)

The contractor shall provide to the Administration its application software and communication lines to the host system.

(2)

The contractor shall provide to the Administration, at its own expense, and retain ownership of:

(a)

Equipment necessary to provide a communications interface between the host system and the Administration's data processing resources such as devices, modems, telephone and data lines, wiring, and communications facilities; and

(b)

Security devices and measures required by the security provisions under Regulation .11 of this chapter.

(3)

Upon reasonable notice a contractor has the right to secure and to remove any of its equipment physically located in an area within the control of the Administration or the State upon termination of the service agreement.

Maintenance. A contractor shall:

(1)

Bear responsibility for maintaining its equipment and other components;

(2)

Provide to the Administration installation and release notes of all application software upgrades;

(3)

Repair or replace defective or deficient equipment or other components in a timely manner;

(4)

Respond to any service calls within 4 hours during normal business hours; and

(5)

Give reasonable advance notice to the Administration of the need to access the Administration's facilities for installation, maintenance, testing, and repair of any equipment, device, modem, telephone or data line, wiring, or other component of the communication interface between the contractor and the Administration.

Regulation .11 Security Provisions.Link Copy Citation

General Characteristics. A contractor shall incorporate the following security measures into the host system and other components of the electronic system:

(1)

The host system shall control the communications data flow between the Administration and the participant;

(2)

Each participant's terminal shall be a termination point in the contractor's communication network; and

(3)

A contractor shall notify each participant that the terminal may not serve as an intermediate communications mode for other remote networks.

Documentation.

(1)

A contractor shall supply the Administration with current, reasonably detailed information regarding the electronic system, including:

(a)

Hardware and software configuration diagrams containing functional system descriptions;

(b)

Reasonably detailed descriptions of security functions, including password usage; and

(c)

A network configuration diagram.

(2)

A contractor shall supply documentation:

(a)

For each type of system employed by the contractor, if more than one; and

(b)

On any material change made in hardware or software that may affect the contractor, a participant, or access to Administration data.

(3)

The Administration:

(a)

Shall use the information under §B(1) and (2) of this regulation solely for internal audits, security audits, and technical testing with respect to the electronic system;

(b)

Shall treat the information as computer software developed for a State agency or vendor proprietary software for purposes of General Provisions Article, Title 4, Annotated Code of Maryland; and

(c)

May not disclose the information unless required to do so by judicial order.

Access.

(1)

A contractor shall develop procedures to control access to the electronic system to participants who assure the Administration that access is:

(a)

Available only to participants and users who have been authorized and accurately identified;

(b)

Available to the Administration for open transactions within the contractor's system; and

(c)

Monitored to ensure that all access is traceable by the Administration.

(2)

The Administration shall allow authorized participants access only to the Administration's database files as necessary to process vehicle title and registration transactions.

(3)

A participant, and its employees, may not sell or impart to any person, firm, or corporation any information obtained from Administration records, including listings of individuals, for any reason.

(4)

Information obtained through this access is subject to the restrictions upon use and dissemination imposed by:

(a)

General Provisions Article, Title 4, Annotated Code of Maryland;

(b)

COMAR 11.17.10;

(c)

COMAR 11.17.12;

(d)

The Motor Vehicle Administration regulations on access to records in COMAR 11.11.09; and

(e)

Any successor regulations adopted by the Administration concerning disclosure or dissemination of any information obtained from Administration records or files.

Confidentiality of Information and Computer Security.

(1)

A contractor shall:

(a)

Ensure the confidentiality and the nondisclosure of records described in this regulation; and

(b)

Require each participant, as part of the participant's agreement, to implement procedures that ensure that:

(i)

Terminals are not left unattended while logged on to the host system;

(ii)

Terminals, including any monitor, printer, printout, or other form of display or duplication of vehicle record information, are placed to prevent the information from being viewed by unauthorized persons; and

(iii)

Any printed copy of a vehicle record is destroyed when its legitimate use has ended;

(c)

Configure the computer program to cause a terminal to log off automatically when no response or command is generated within a 15-minute time period; and

(d)

Enforce these requirements by canceling access for any participant who does not uniformly comply with them.

(2)

A participant is responsible for:

(a)

Safeguarding the automated equipment which provides access to the electronic system;

(b)

Limiting access to those persons who are authorized users of the electronic system and who have been properly instructed as to their duties and responsibilities as authorized users; and

(c)

Using either an integrated terminal or one that is not used for any other purpose or in any other system.

(3)

A participant shall implement procedures to ensure that:

(a)

The automated equipment is located in an area that prevents information, including any printed copy of a vehicle record, from being viewed by persons who are not authorized users of the equipment; and

(b)

Any printed copy of the information obtained from Administration files is destroyed when its legitimate use has ended.

(4)

The contractor, participant, and their respective employees shall:

(a)

Maintain information obtained from the program in strictest confidence, not to be disclosed to any other person, firm, or corporation;

(b)

Limit access to and use of information and computer resources to program activities; and

(c)

Be aware that the Administration adheres to:

(i)

State policies for data processing resources security authorized by the Governor's Executive Order 01.01.1983.18; and

(ii)

Criminal Law Article, §§7-302, 8-606, and 8-607, Annotated Code of Maryland.

(5)

Failure of the contractor, participant, or any of their respective employees to abide by the same policies and statutes, as specified in §D(2) and (4) of this regulation, may result in the Administration prosecuting or seeking remedies made available to it by contract, user agreement, statute, or regulation.

(6)

Other federal and State laws and regulations that affect the access to and use of computer information are the:

(a)

U. S. Computer Crime Statute of 1984 (18 U.S.C. §1030);

(b)

Federal Information Security Management Act of 2002 (44 U.S.C. §3541 et seq.);

(c)

Privacy Act of 1974 (5 U.S.C. §552a);

(d)

Federal Freedom of Information Act (5 U.S.C. §552) and General Provisions Article, Title 4, Annotated Code of Maryland;

(e)

Computer Fraud and Abuse Act of 1986 (18 U.S.C. §1030 et seq.);

(f)

National Driver Register Act of 1982 (49 U.S.C. §30301 et seq.);

(g)

Computer Software Rental Amendments Act of 1990 (17 U.S.C. §109);

(h)

Fair Credit Reporting Act (15 U.S.C. §1681 et seq.);

(i)

Driver’s Privacy Protection Act of 1994 (18 U.S.C. §2721 et seq.); and

(j)

National Institute of Standards and Technology Act (15 U.S.C. §271 et seq.).

Regulation .12 Suspension and Termination of Access Privileges.Link Copy Citation

Contractor. The Administration may terminate, without notice, the access privileges of a contractor immediately upon discovery of any breach of:

(1)

The contractor's agreement; or

(2)

Any other agreement relating to the electronic system between a contractor and the Administration.

Participant. The contractor or the Administration may suspend or terminate, without notice, the access privileges of a participant immediately upon discovery of any breach of:

(1)

The participant's agreement;

(2)

The electronic system agreement; or

(3)

Any other agreement relating to the electronic system between a participant and the Administration.

Individual Authorized User. A contractor, the Administration, or a participant may suspend or terminate, without notice, access privileges of an authorized user:

(1)

Upon discovery of any breach of, or failure to fulfill, any responsibility established within any agreement relating to the electronic system; or

(2)

For any violation of Criminal Law Article, §§7-302, 8-606, and 8-607, Annotated Code of Maryland, or any successor statutes and implementing regulations.

Notice of Termination. Written notice shall be sent to the Manager of Business Licensing and Consumer Services at the Administration by:

(1)

A contractor before terminating a participant; or

(2)

A participant immediately on termination of a user for reasons specified in §C of this regulation.

Regulation .13 Provision for Liquidated Damages.Link Copy Citation

In addition to any other remedies available to the Administration in law, if the contractor fails to provide the services, equipment, or other items required by this chapter within the prescribed time limits, the Administration may elect to provide or obtain services, equipment, or other items necessary to comply with this chapter.

Pursuant to §A of this regulation, the contractor shall pay the total cost incurred by the Administration for obtaining replacement services, equipment, and other necessary items.

The Administration shall have the unilateral right of alternate source selection to perform the work of this chapter when the contractor does not perform the required work.

In addition to the replacement costs described in §A of this regulation, the contractor also shall pay liquidated damages for any delay or failure in performance, as well as for any related damages sustained by the Administration.

The assessment of liquidated damages by the Administration against the contractor does not supersede or affect the right of the Administration to impose other remedies available to the Administration.

Regulation .14 Cost Savings and Reporting Requirements.Link Copy Citation

Upon request, a contractor shall assist the Administration in periodically determining estimated cost savings realized by the electronic system.

The Administration shall develop a schedule of reports to be provided by the contractor, at no cost to the Administration, for submitting summary information relating to the electronic system in a format specified by the Administration.

Regulation .15 Training and Promotional Activities.Link Copy Citation

Training of Authorized Users. A contractor shall:

(1)

Seek advance approval from the Administration for the training program; and

(2)

Require, in each electronic system agreement, that a participant requires each authorized user to attend periodic training with respect to:

(a)

Proper procedures for use of the program;

(b)

Constraints upon use and disclosure of the information made available throughout the program; and

(c)

Sanctions for misuse or abuse of the program.

Promotional Activities.

(1)

A contractor may engage in promotional activities with respect to the program, including the solicitation of potential participants, in person, by mail, and by telephone.

(2)

The Administration shall make reasonably available to the contractor, for use in its promotional activities, lists maintained by the Administration with respect to potential participants.

(3)

The promotional activities may not suggest that any contractor is approved or endorsed by the Administration.

Use of Administration's Name.

(1)

A contractor may use the Administration's name as necessary in connection with its provision of services to the participants, with the prior approval of the Administration, and that approval may not be unreasonably withheld or delayed.

(2)

A contractor may not state or imply that the:

(a)

Administration recommends or requires the use of the contractor's program or services to the exclusion of other similarly available services; or

(b)

Contractor is the exclusive provider of access to the Administration's vehicle records.

Regulation .16 Intellectual Property Rights.Link Copy Citation

Property Rights Reserved to Contractor.

(1)

The contractor reserves full ownership rights to all forms of intellectual property developed by it for utilization in connection with the electronic system which comprise the host system and programs.

(2)

Subject to the agreement, the intellectual property consists of all proprietary program components necessary to collect, assemble, and transmit to and receive from the Administration the inquiries, information, and fund transfers including:

(a)

Any inventions, devices, processes, software, and formulas used in or comprising any component of the electronic system not already in use by the Administration;

(b)

Any trademarks and service marks used in connection with the program and not already in use by the Administration; and

(c)

Any written material relating to the electronic system which may be the subject of protection under the copyright laws of the United States or foreign countries, including, without limitation, all user and training manuals and other publications relating to the program not developed by the Administration.

(3)

The Administration acknowledges this reservation of any property rights not developed by the Administration and covenants not to take any action in derogation of these rights, except as is explicitly provided for in the agreement.

Patent, Trademark, Service Mark, and Copyright Protection. Except as required in Regulation .15C of this chapter, the Administration may not interfere with any efforts the contractor undertakes to register patents, trademarks, service marks, or copyrights associated with the program which have not been developed by the Administration or are not already in use by the Administration.

Confidentiality.

(1)

The Administration shall treat all plans, specifications, drawings, diagrams, software, computer programs, procedures, processes, and other proprietary materials relating to the electronic system as computer software developed for a State agency and proprietary software for purposes of General Provisions Article, Title 4, Annotated Code of Maryland, and agrees not to disclose this information unless required to do so by judicial order.

(2)

The contractor agrees that it will defend against disclosure of any information, which it deems to be proprietary, hold the Administration harmless, and bear all legal expenses. Its failure to do so shall constitute a waiver of any claim that the material is proprietary.

Trade Secrets.

(1)

All proprietary information and materials developed by the contractor in the course of the program comprising the electronic system, including, without limitation, all formulas, patents, compilations, programs, devices, methods, techniques, and processes, may constitute trade secrets of the contractor within the meaning of that term as defined in General Provisions Article, Title 4, Annotated Code of Maryland.

(2)

The Administration may not interfere with any action for damages or injunctive relief brought by a contractor in response to misappropriation of a trade secret by a third party.

(3)

This section does not constitute an admission or cooperation agreement on the part of the Administration for the purposes of any litigation or claim arising between the Administration and a contractor.

Plans, Specifications, Programs, Manuals, and Related Materials.

(1)

Plans, specifications, drawings, diagrams, manuals, computer programs, and related materials developed by a contractor with respect to the electronic system remain the sole property of the contractor, and review, consultation of, or possession of these materials by the Administration does not constitute a waiver of the contractor's property interests in them.

(2)

The Administration shall return, or afford a contractor reasonable opportunities to collect, all program materials upon the expiration or termination of the agreement.

Regulation .17 Limitation of Liability and Indemnification.Link Copy Citation

Limited Scope of Contractor Duties to the Administration.

(1)

Accuracy and Completeness. A contractor:

(a)

Shall receive and transmit information, completely and without change, to and from the Administration's databases to participants;

(b)

Does not guarantee the accuracy of information transmitted without change to and from the Administration, regardless of the actual accuracy of the content of the information so transmitted; and

(c)

Has no duty to make inquiry regarding the actual accuracy of any information.

(2)

Electronic Funds Transfers.

(a)

A contractor shall promptly transmit all funds, remitted by participants, to the State Treasurer's account as required under Regulation .09 of this chapter.

(b)

A contractor shall promptly correct any reported or discovered error or omission it makes relating to an electronic fund transfer.

(c)

A contractor remains responsible for funds that are collected and remitted by the participant for transfer pursuant to Regulation .09 of this chapter.

(3)

Vehicle Registration Materials.

(a)

The participant is solely responsible for:

(i)

Its issuance of vehicle registration materials; and

(ii)

The loss or misappropriations of vehicle registration materials while vehicle registration materials are in its possession.

(b)

A contractor is solely responsible for the vehicle registration materials from the time they are delivered by the Administration to the contractor until the time they are delivered by the contractor to the participant.

Limitation of Liability. This section and §§C—F of this regulation are to be read and construed in conjunction with §A of this regulation setting forth the limited scope of the duties of a contractor to the Administration. This section and §§C—F of this regulation do not broaden the scope of those duties or create any duty not otherwise explicitly imposed upon the contractor.

Liability of Contractor.

(1)

A contractor is liable to the Administration for damages which are proximately caused by an act or omission of the contractor but is not liable for indirect, incidental, special, or consequential damages to third parties except as provided in §H of this regulation.

(2)

The contractor is not liable to the Administration for any claims, losses, damages, judgments, liabilities, or similar costs and expenses resulting directly or indirectly from the misappropriation or misuse of a vehicle record obtained from the Administration by a participant by way of the program, including, without limitation, any use or dissemination of information in violation of the restrictions upon use and disclosure imposed by General Provisions Article, §§4-101—4-601, Annotated Code of Maryland, or any corresponding regulations, except when the claims, losses, damages, judgments, liabilities, or similar costs and expenses result directly from:

(a)

A failure on the part of the contractor or any of its officers, directors, employees, or agents to comply with the provisions of the agreement;

(b)

A fraudulent or intentionally wrongful act or omission, relating to the program, on the part of the contractor or any of its officers, directors, employees, or agents; or

(c)

Negligence on the part of the contractor or any of its officers, directors, employees, or agents.

(3)

If a third party asserts a claim against the Administration, the State, or any employee of the Administration for injury or damages for which a contractor would owe the Administration indemnification, the contractor may claim any defense available to it under the Maryland Tort Claims Act.

(4)

Third-party claims shall be absolutely limited to reimbursement of the actual loss suffered by the Administration or State with respect to a third-party claim.

Liability of Participant. A participant is liable for, and shall indemnify and hold harmless the Administration for:

(1)

Misuse or misappropriation of a vehicle record or related information obtained from the Administration in connection with the program;

(2)

Failure by a participant or its personnel to comply with the provisions of the program; and

(3)

Failure to safeguard and limit access to vehicle records or for any damages resulting from the acts or omissions of the participant or its personnel relating to the titling and registration of vehicles.

Accuracy and Completeness of Filings.

(1)

A contractor shall correct or complete in a timely manner any information, application, or other filing which is transmitted inaccurately or incompletely to or from the Administration's databases solely as a result of a malfunction, deficiency, or operational error in or with respect to the electronic system.

(2)

A contractor may not be held liable to the Administration for any claims losses, damages, judgments, liabilities, or similar costs and expenses incurred by the Administration (whether in its own right or by virtue of liability on the part of the Administration to a third party) resulting directly or indirectly from inaccurate or incomplete information, application or other filing except when the claims, losses, damages, judgments, liabilities, or similar costs and expenses result directly from an act or omission relating to the program on the part of the contractor or any of its officers, directors, employees, or agents.

(3)

The amount of any liability to the Administration arising under this section shall be limited by the provisions of §H of this regulation.

Force Majeure.

(1)

A contractor:

(a)

Shall use its best efforts to make the electronic system and related services available during the hours of service to be mutually agreed upon with the Administration; and

(b)

Is not liable to the Administration, or considered to be in default, for a delay or failure to perform that results from any cause beyond its control, including, without limitation, any act of God, force majeure, natural or man-made disaster, riot, or act of war, foreign aggression, or civil insurrection.

(2)

The Administration:

(a)

Shall use its best efforts to make its databases available during the hours of the service agreed upon; and

(b)

Is not liable to the contractor for any delay or failure to perform that results from a cause beyond its control, including, without limitation, any act of God, force majeure, natural or man-made disaster, riot, or act of war, foreign aggression, or civil insurrection.

Acts and Omissions of Participant Not Attributable to the Contractor. An act or omission of a participant is not attributable to the contractor for the purpose of establishing vicarious liability on the part of the contractor for any damages (whether direct, indirect, special, or consequential) alleged to have arisen from the act or omission, nor shall the contractor bear any liability with respect to the act, omission, or damages alleged to have been related thereto, unless the contractor, its officers, agents, or employees knew or should have known of this act or omission.

Limited Indemnification.

(1)

A contractor shall defend, indemnify, and hold harmless the Administration for all claims, losses, damages, liabilities, or similar costs and expenses incurred by the Administration as a result of third-party claims against the Administration which arise out of acts or omissions of the contractor with respect to which the contractor:

(a)

Bears a duty explicitly set forth in §A of this regulation; or

(b)

Has explicitly consented to assume liability pursuant to the provisions under §§B—F of this regulation.

(2)

The amount of indemnification by a contractor with respect to any one transmission or occurrence is limited to reimbursement of the actual loss suffered by the Administration for all claims, losses, and damages.

(3)

A participant shall indemnify both the contractor and the Administration for and against any and all claims, losses, damages, judgments, liabilities, or similar costs and expenses which arise in whole or in part out of acts or omissions of the participant with respect to the program or the application of laws restricting access to and disclosure of vehicle records available through the program, including, without limitation, reasonable attorney fees and all other costs of defending the action or claim.

Regulation .18 Notice.Link Copy Citation

Addresses.

(1)

Required notices shall be in writing and addressed as follows:

(a)

If to the Administration: Manager of Licensing and Consumer Services, Motor Vehicle Administration, 6601 Ritchie Highway, N.E., Glen Burnie, Maryland 21062; and

(b)

If to a contractor or participant, the address specified in the agreement or in an appropriate change of address notice.

(2)

Either party may change an address by providing prompt written notice of the change to the other party and to the Administration.

Computation of Time.

(1)

A notice served by mail shall:

(a)

Be sent by certified mail; and

(b)

Be considered received 3 business days following the date of mailing, as established by a United States Postal Service certificate of mailing.

(2)

A notice served by hand delivery, overnight delivery, or telecopier is considered to have been received on the date of actual receipt.

Registered Agent for Service of Process. For the purposes of service of legal process and other legal notices, a contractor shall:

(1)

Maintain, within the State, a registered agent and a location of its registered office; and

(2)

Notify the Administration promptly of a change in its registered agent or registered office.

Failure to maintain a registered agent for service of process shall serve as consent for notice to be served with the Maryland Department of Assessments and Taxation.

Regulation .19 Surety Bonds.Link Copy Citation

A contractor shall furnish a surety bond:

(1)

In an amount established by the Administration;

(2)

Based on transfers or projected transfers of annual funds from electronic vehicle titling and registration transactions; and

(3)

In an amount comparable to the average weekly funds transferred.

A participant shall certify, in a form acceptable by the Administration, that a surety bond in the amount required by Transportation Article, §§15-308 and 15-604, Annotated Code of Maryland, is currently, and will continue to remain, in effect.

Except for §B of this regulation, all other participants shall furnish a surety bond in the amount of $25,000.

A bond required under this regulation shall:

(1)

Remain in force for the term of the contractor, or participant's, agreement;

(2)

Be executed by a surety company authorized to do business in the State;

(3)

Be in a form approved by the Maryland Insurance Administration; and

(4)

Be adjusted annually as determined by the Administration pursuant to §A of this regulation.

Regulation .20 Retention of Records and Audit.Link Copy Citation

A contractor and a participant shall:

(1)

Maintain all records and documents relating to vehicle title and registration transactions for 5 years from the time an activity takes place;

(2)

Make all records and documents available for inspection by authorized representatives of the Administration and law enforcement agencies during normal business hours without advance notification; and

(3)

Provide a terminal to the Administration for accessing the electronic system.

The Administration shall develop a program for the audit of both contractors and participants.

Regulation .21 Work Performance.Link Copy Citation

A contractor shall:

Perform work in accordance with the terms, conditions, and covenants set forth in the Maryland Department of Transportation's “General Conditions for Service Contracts” (1992); and

Execute a Contract Affidavit pursuant to COMAR 21.07.01.25.

Regulation .22 General Provisions of Authorized Participants.Link Copy Citation

Responsibilities of Participant. A participant shall adhere to all rules, regulations, and procedures established by the Administration, including but not limited to the following:

(1)

Have all authorized users attend required training workshops;

(2)

Transfer all moneys collected as a participant to the contractor's account through the electronic system on the same date the electronic title and registration transaction is processed;

(3)

Issue license plates, stickers, and any other vehicle registration materials as applicable to customers in accordance with current Administration procedures;

(4)

Submit all reports, including daily activity reports, inventories of license plates and stickers, and any other reports that may be required by the Administration, and in all other respects to comply with the Annotated Code of Maryland; and

(5)

Receive, securely store, issue, account for, and be fully responsible for the license plates or stickers or other items of value as may be entrusted to the participant by the Administration.

Office Location. A participant shall:

(1)

Maintain an office, in accordance with Transportation Article, Title 15, Annotated Code of Maryland, which shall also be used as the office for the computerized vehicle title services; or

(2)

Establish and maintain, at a participant's own expense, an office for the purpose of processing vehicle title and registration documents in accordance with the provisions of Maryland laws and regulations.

Authorized User. A participant shall:

(1)

Designate at least one full-time employee as an authorized user of the electronic system;

(2)

Immediately notify the Administration of any changes in the designations of authorized users;

(3)

Receive approval from the Administration before allowing an individual to have access of the electronic system; and

(4)

Limit access to the electronic system to those employees who:

(a)

Have been designated as an authorized user;

(b)

Have executed the authorized user affidavit;

(c)

Have been authorized by the Administration as users of the electronic system; and

(d)

Are covered under the participant's bond as provided for by Transportation Article, Title 15, Annotated Code of Maryland.

Prohibited Transactions. A participant may not:

(1)

Issue Certificates of Title;

(2)

Process any transaction types that the Administration has not approved; or

(3)

Process transactions through the electronic system for the following categories of customers:

(a)

Those for which the Administration databases indicate an existing problem requiring Administration action; and

(b)

Those individuals for whom the Administration has not previously assigned a Maryland soundex code.

Regulation .23 Termination.Link Copy Citation

Termination for Cause. An agreement may be terminated for cause as provided for in §35A of the Maryland Department of Transportation's “General Provisions for Service Contracts” (1992), and in the provisions of this regulation.

Events of Default. An event of default includes:

(1)

Failure of the contractor to maintain any of the services required by this chapter or as agreed upon in writing;

(2)

Breach of security or confidentiality;

(3)

Failure of the Administration to maintain its databases or data processing resources in a manner as to permit the contractor to maintain any of the services as agreed on; or

(4)

Breach of any other material obligation or covenant of the agreement by any party.

Opportunity to Cure.

(1)

Whenever an event of default occurs, the party asserting a default shall:

(a)

Notify the defaulting party in writing of the occurrence of the event of default; and

(b)

Describe with particularity the default and the steps necessary to cure the default.

(2)

The defaulting party shall then have 30 days from the date of receipt of the written notice to cure the default in question.

Termination Upon Persistence of Uncured Default. If an event of default remains uncured without substantial justification for more than the required 30 days, the party asserting a default may, at its option, terminate the agreement upon written notice to the defaulting party.

Suspension in Event of Continuing Breach of Security or Confidentiality.

(1)

The Administration may, upon 24 hours actual notice to a contractor, suspend operation of the program for a period not to exceed 15 days (the suspension period), if the Administration determines that:

(a)

A breach of security or confidentiality has occurred with respect to information resident in the Administration's databases, which is attributable to the electronic system;

(b)

The breach poses a substantial threat of breaches of security or confidentiality; and

(c)

The breach cannot or is not likely to be remedied within a reasonable time by the contractor or the Administration exercising their powers, pursuant to their agreements, to suspend or terminate participation in the program by the participant.

(2)

During any suspension period, the Administration shall cooperate fully with a contractor to identify or remedy any breaches.

(3)

If, during the suspension period, the source of the breach is identified and provisions are made for remedying the breach, the:

(a)

Suspension shall immediately terminate; and

(b)

Operation of the program shall be restored promptly.

(4)

The Administration may impose an additional 15-day suspension period, if a contractor has been unable to:

(a)

Identify the source of the breach at issue; or

(b)

Provide a means of remedying the breach.

(5)

At the conclusion of the additional suspension period, the Administration may terminate an agreement if the condition triggering the breach remains unidentified or uncured.

Disposition of Equipment and Materials.

(1)

A contractor and participant shall notify the Administration immediately of any theft or missing property related to the program.

(2)

If an agreement is terminated:

(a)

The Administration shall promptly return to the contractor, or afford it a reasonable opportunity to collect any and all equipment, manuals, diagrams, computer hardware and software, and any other items and materials relating to the program that were supplied by the contractor and not paid for by the Administration; and

(b)

A contractor shall similarly return to the Administration any permanent registration plates, stickers, and any other property of the Administration that is in the contractor's possession, custody, or control.

Chapter 32. Low Speed Vehicles

Regulation .01 Applicability.Link Copy Citation

This chapter applies to vehicles originally manufactured as low speed vehicles with originally installed equipment or equipment manufactured and installed to meet the federal and State safety requirements for low speed vehicles.

Regulation .02 Purpose.Link Copy Citation

The purpose of this chapter is to establish procedures for the titling, registration, and operation of low speed vehicles on certain highways in Maryland.

Regulation .03 Incorporation by Reference.Link Copy Citation

In this chapter, 49 CFR §571.500, as amended, is incorporated by reference.

Regulation .04 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Administration” means the Motor Vehicle Administration.

(2)

“Low speed vehicle” has the meaning stated in Transportation Article §11-130.1, Annotated Code of Maryland.

Regulation .05 Equipment.Link Copy Citation

All low speed vehicles and all equipment originally installed or manufactured and installed in low speed vehicles shall meet the safety standards requirements of 49 CFR §571.500 and COMAR 11.14.09.

Low speed vehicles are not required to have the following equipment:

(1)

Exhaust systems;

(2)

Emissions equipment; or

(3)

Fuel systems.

All low speed vehicles shall be equipped with an odometer.

Regulation .06 Vehicle Class.Link Copy Citation

The Administration shall title and register low speed vehicles as Class R.

Regulation .07 Title and Registration Requirements.Link Copy Citation

The owner of a low speed vehicle in this State shall:

Apply for a certificate of title, as required by Transportation Article §13-402, Annotated Code of Maryland;

Apply to the Administration for the registration of the vehicle as specified in Transportation Article §13-403, Annotated Code of Maryland, in order to operate a low speed vehicle on Maryland highways;

Provide evidence of required security prior to registration of the low speed vehicle, as required under Transportation Article, Title 17, Subtitle 1, Annotated Code of Maryland;

Upon transfer of ownership, produce an inspection certificate issued by an authorized Maryland Vehicle Inspection Station, that the vehicle passed a safety standards inspection, before subsequent registration; and

Pay all applicable title and registration fees required under COMAR 11.11.05 and Transportation Article, Title 11, Subtitle 13, Annotated Code of Maryland.

Regulation .08 Disclosure to Low Speed Vehicle Buyer.Link Copy Citation

A vehicle dealer selling a low speed vehicle shall provide a written disclosure signed by the buyer at the time of purchase. The disclosure shall include a statement that the low speed vehicle:

(1)

Has a maximum speed of greater than 20 miles per hour, but less than 25 miles per hour;

(2)

May not be operated on a public highway with a speed limit in excess of 30 miles per hour;

(3)

May be a hazard on the roadways if it impedes traffic; and

(4)

May subject the driver to citations for impeding traffic.

The vehicle dealer shall give a copy of the signed disclosure to the buyer and keep the original with the business records of vehicle transactions.

The low speed vehicle disclosure form may be printed and distributed by the dealership using the following format:

Regulation .09 Disclosure Decal.Link Copy Citation

Prior to the sale of a low speed vehicle, a permanent decal provided by the manufacturer or dealer shall be affixed to the underside of the roof near the windshield on the driver side. The disclosure decal shall:

Be approximately 3 inches high by 5 inches wide; and

Contain the disclosure statement information specified in Regulation .08 of this chapter.

Regulation .10 Low Speed Vehicles Driving Prohibitions.Link Copy Citation

Low speed vehicles are prohibited on Maryland highways as defined in Transportation Article, §21-1125, Annotated Code of Maryland.

Low speed vehicles may not be driven:

(1)

On a highway for which the posted maximum speed limit exceeds 30 miles per hour;

(2)

On an expressway or any controlled access highway on which prohibitions are posted in accordance with Transportation Article, §21-313, Annotated Code of Maryland;

(3)

On a highway on which driving a low speed vehicle is prohibited by a county or municipal ordinance; or

(4)

Across a highway for which the posted maximum speed limit exceeds 45 miles per hour, except at an intersection that is controlled by:

(a)

A traffic control signal; or

(b)

A stop sign at each approach to the intersection.

Low speed vehicles may not be used for skills testing to obtain a driver license.

Regulation .11 Overweight Low Speed Vehicles.Link Copy Citation

The Administration may designate a vehicle an overweight low speed vehicle.

To qualify as an overweight low speed vehicle, the owner may apply to the Administration and certify that the overweight low speed vehicle meets the federal motor vehicle safety standards for a low speed vehicle except for the weight of the vehicle.

The overweight low speed vehicle shall:

(1)

Weigh in excess of 3,000 GVWR but less than 10,000 GVWR;

(2)

Meet the provisions of low speed vehicles set forth in this chapter; and

(3)

Meet any other safety limitations as specified by the Administration, including but not limited to:

(a)

Geographic limitations on where the vehicles can operate;

(b)

Periodic safety reporting on vehicle performance;

(c)

A preregistration equipment review by the Maryland State Police; and

(d)

A periodic equipment safety review.

The number of overweight low speed vehicles that can be owned by a single entity shall be determined by the Administration.

Chapter 33. Vehicle Trade-In Allowance

Regulation .01 Applicability.Link Copy Citation

This chapter applies to the use of a dealer trade-in allowance to determine the total purchase price of a vehicle that is used to calculate the excise tax remitted when purchasing another vehicle.

Regulation .02 Purpose.Link Copy Citation

The purpose of this chapter is to establish the requirements and guidelines for calculating the total purchase price of a vehicle when there is a dealer trade-in allowance, as set forth in Transportation Article, §13-809, Annotated Code of Maryland.

Regulation .03 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Administration” means the Motor Vehicle Administration.

(2)

“Certified selling price” means the full price of the vehicle purchased before the trade-in allowance is deducted.

(3)

“Dealer” has the meaning stated in Transportation Article, §11-111, Annotated Code of Maryland.

(4)

Lease.

(a)

“Lease” means a signed contract or agreement for the rental or leasing of a vehicle for more than 180 consecutive days.

(b)

“Lease” includes a lease where the vehicle is intended or not intended as security as defined in Transportation Article, §11-127.1, Annotated Code of Maryland.

(5)

“Leased vehicle” means a vehicle acquired from a dealer, by the lessor, for lease of the vehicle to a lessee for payment under the terms and conditions of a lease.

(6)

“Lessee” means a person or entity who, under the terms and conditions of a lease made at the time of acquisition from a dealer, has possession of the leased vehicle.

(7)

“Lessor” means a person or entity who, at the time of acquisition from a dealer, relinquished possession of the vehicle to a lessee under the terms and conditions of the lease.

(8)

“Nonleased vehicle” means a vehicle in which a person or business entity holds both title to, and possession of, the vehicle.

(9)

“Taxable price” means the total purchase price as stated in Transportation Article, §13-809, Annotated Code of Maryland.

(10)

“Trade-in” means a vehicle assigned to a dealer for the purpose of receiving a deduction in value that is applied to the purchase price of another vehicle.

(11)

“Trade-in allowance” means the amount determined by the dealer that is deducted from the purchase price of another vehicle.

Regulation .04 Total Purchase Price.Link Copy Citation

The total purchase price or taxable price of a vehicle is determined by the certified selling price agreed on by the buyer and the seller, including any dealer processing charges as defined in Transportation Article, §15-311.1, Annotated Code of Maryland, less an allowance for the trade-in. There is no other nonmonetary consideration.

The taxable price of the vehicle shall include:

(1)

The retail purchase price;

(2)

The shipping or freight charges;

(3)

After manufacture items included with the vehicle at time of purchase; and

(4)

Manufacturer rebates.

A dealer may not include the cost for any nontaxable items when determining the taxable price of the vehicle. Nontaxable items include:

(1)

Dealer trade-in allowance;

(2)

Dealer discounts or rebates;

(3)

Extended warranties;

(4)

Mechanical repair contracts;

(5)

Federal excise tax;

(6)

Electronic registration fee; and

(7)

Equipment installed to accommodate a disabled person.

Regulation .05 Trade-in Allowance.Link Copy Citation

A dealer determines the trade-in allowance that is deducted from the purchase price of another vehicle.

A trade-in allowance may not be divided or deducted from the purchase price of more than one vehicle.

Only one traded-in vehicle can be applied to a sales transaction for purposes of the trade-in allowance deduction.

A vehicle titled in Maryland or out-of-State may be used as a trade-in.

If the vehicle traded-in is subject to a lien, the owner or co-owners of the vehicle are entitled to the full trade-in allowance, as stated in §A of this regulation, and deducted from the total purchase price. The trade-in allowance is not limited to the amount of equity the owner has in the vehicle.

If the trade-in allowance exceeds the trade-in value indicated in a national publication of used car values adopted for use by the Administration, the dealer shall provide documentation that satisfies the Administration that the higher trade-in value is justified. Documentation includes:

(1)

Evidence of the amount required to release the lien on the trade-in vehicle;

(2)

Evidence of the vehicle customization that increases the vehicle value;

(3)

A current valuation from an alternative national publication; or

(4)

If the traded-in vehicle has already been sold, the actual resale price of the trade-in vehicle.

Regulation .06 Applying the Trade-in Allowance.Link Copy Citation

When applying a trade-in allowance to the certified selling price to determine the taxable price of the vehicle purchased, the dealer shall complete one of the following forms:

(1)

Application for Certificate of Title (VR-5);

(2)

Maryland Dealers Reassignment (VR-182);

(3)

Dealers Reassignment on the reverse side of the Maryland Certificate of Title (VR-2);

(4)

The Dealer's or Auto Wreckers Re-Assignment on the reverse side of the Maryland Salvage Certificate (VR-108); or

(5)

The Dealer's Reassignment on the reverse side of the Maryland Notice of Security Interest Filing (VR-2), if the dealer is selling a repossessed vehicle.

When applying a trade-in allowance, a dealer shall:

(1)

Complete the Maryland Dealer's Certification portion of the application for title; or

(2)

Provide an original bill of sale showing the certified selling price and amount of the trade-in allowance.

The dealer shall determine and enter on the Maryland Dealer's Certification portion of the application for title:

(1)

The certified selling price;

(2)

The trade-in allowance;

(3)

The taxable price of the vehicle by deducting the amount of the trade-in allowance from the certified selling price;

(4)

The gross tax remitted by calculating the applicable excise tax rate times the taxable price; and

(5)

For licensed Maryland dealers, the net tax remitted by:

(a)

Multiplying 0.6 percent times the gross tax remitted up to $12; and

(b)

Subtracting the result from the gross tax collected.

When the trade-in allowance is equal to, or higher than, the total purchase price, the excise tax shall be $0.

When the excise tax is exempt under Transportation Article, §13-810, Annotated Code of Maryland, or calculated as $0 as set forth in §D of this regulation, no additional allowance or refund shall be given to the purchaser of the vehicle.

When a certificate of title or a dealer reassignment is submitted without the required Maryland Dealer's Certification showing the trade-in allowance information on the form, a dealer shall submit with the certificate of title or a dealer reassignment:

(1)

A completed Application for Certificate of Title (VR-5) containing the required certification; or

(2)

An original bill of sale showing the:

(a)

Purchase price and the amount of trade-in allowance;

(b)

Vehicle identification number of the trade-in vehicle; and

(c)

State in which the trade-in vehicle was last titled.

Regulation .07 Qualifications for Trade-in Allowance.Link Copy Citation

A trade-in allowance under Transportation Article, §13-809(a)(3)(i), Annotated Code of Maryland, shall only apply when:

(1)

The owner or co-owner of the trade-in vehicle is the owner or co-owner of the vehicle being purchased; or

(2)

The owner or co-owner of the trade-in vehicle is a relative as defined in §B of this regulation of the owner or co-owner of the vehicle being purchased.

In this regulation, a relative means a spouse, son, daughter, grandchild, parent, sister, brother, grandparent, father-in-law, mother-in-law, son-in-law, or daughter-in-law of the owner or co-owner of the trade-in vehicle and is the owner or co-owner of the vehicle being purchased.

For a relative who qualifies for a trade-in allowance, the dealer shall submit an application for a certificate of title to the Administration with:

(1)

A completed application for Maryland Gift Certification (VR-103) certifying the relationship to the owner or co-owner of the trade-in vehicle and vehicle being purchased; and

(2)

Proof of the relationship if the last names of the relatives are different.

A trade-in allowance may be applied when the owner of the trade-in vehicle is the primary beneficiary of an inter-vivos trust and the purchased vehicle is in the name of the inter-vivos trust.

Regulation .08 Trade-in Allowance for Leased Vehicles.Link Copy Citation

A trade-in allowance under Transportation Article, §13-809(a)(3)(ii), Annotated Code of Maryland, may be applied to the purchase price of a leased vehicle if:

(1)

The trade-in is in the same owner's name as the name of the lessee on the purchased vehicle; or

(2)

The vehicle is:

(a)

Owned by the same leasing company purchasing the vehicle;

(b)

Being assigned to the dealer; and

(c)

Becoming a part of the dealers inventory for resale.

A trade-in does not include a vehicle acquired by a dealer but not assigned to a dealer.

Chapter 34. Salvage Vehicle Calculation

Regulation .01 Scope.Link Copy Citation

This chapter is to establish the requirements and guidelines for determining what type of repairs can be deducted from the salvage vehicle calculation for the purpose of a title brand, as set forth in Transportation Article, §13-506, Annotated Code of Maryland.

Regulation .02 Cosmetic Damage.Link Copy Citation

Cosmetic damage repairs are repairs done solely for the sake of appearance that are decorative or ornamental, superficial, nonsubstantive, and if left unrepaired, would not impact the vehicle's functionality, or render the vehicle unsafe or unable to operate on public roadways. Cosmetic damage shall not include any repair required to enable a vehicle to pass a safety inspection under COMAR 11.14.

Cosmetic damage repairs are those required solely for:

(1)

Vehicle refinishing labor and materials;

(2)

External trim molding and fascia;

(3)

Molded, non-metal bumper covers;

(4)

Grilles;

(5)

Entertainment systems;

(6)

Audiovisual, telephone, and mapping equipment;

(7)

Emblems, stripes, and decals;

(8)

Hubcaps and wheel covers;

(9)

Interior carpet;

(10)

Upholstery, excluding driver seat; and

(11)

Interior door trim panels.

Except as set forth in §B(1) of this regulation, the cost for cosmetic damage repairs shall only include the cost of parts and materials and may not include the cost of labor.

The cost for cosmetic damage repair may not be included in the cost to repair the vehicle when determining the calculation for a salvage vehicle, as set forth in Transportation Article, §13-506(c)(4), Annotated Code of Maryland.

For purposes of determining the calculation for a salvage vehicle, any tax on the parts or labor may not be included.

For purposes of determining the calculation for a salvage vehicle, fair market value is the valuation shown in a national publication of used car values or from a computerized database that produces statistically valid fair market values and does not include costs for titling, registration, and applicable taxes.

Chapter 35. Mopeds, Motor Scooters, and Off-Highway Recreational Vehicles

Regulation .01 Purpose.Link Copy Citation

The purpose of this chapter is to clarify requirements for mopeds, motor scooters, and off-highway recreational vehicles.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Administration” means the Motor Vehicle Administration.

(2)

“Eye-protective device” means face shields, goggles, and spectacles as described under COMAR 11.13.05.03.

(3)

“Moped” has the meaning stated in Transportation Article, §11-134.1, Annotated Code of Maryland.

(4)

“Motor scooter” has the meaning stated in Transportation Article, §11-134.5, Annotated Code of Maryland.

(5)

“Off-highway recreational vehicle” has the meaning stated in Transportation Article, §11-140.1, Annotated Code of Maryland.

(6)

“Protective headgear” has the meaning stated in COMAR 11.13.05.01B(4).

(7)

“Title decal” means a decal issued by the Motor Vehicle Administration, to be applied to a moped, motor scooter, or off-highway recreational vehicle for identification purposes.

Regulation .03 Mopeds and Motor Scooters.Link Copy Citation

Mandatory Titling. An individual who owns a moped or motor scooter shall:

(1)

Apply, in a format determined by the Administration, for a title and include on the application:

(a)

The vehicle identification number;

(b)

A serial number; or

(c)

A unique identifying number issued by the Administration; and

(2)

Pay the following fees:

(a)

For a moped or motor scooter owned by the applicant prior to October 2, 2012, and titled prior to October 2, 2013, a title decal fee as set forth in Transportation Article, §13-106(d)(4)(i), Annotated Code of Maryland; and

(b)

For all other mopeds or motor scooters:

(i)

A title decal fee as set forth in Transportation Article, §13-106(d)(4)(i), Annotated Code of Maryland;

(ii)

An excise tax as set forth in Transportation Article, §13-809(a)(2)(iv), Annotated Code of Maryland; and

(iii)

A title fee as set forth in Transportation Article, §13-802(b)(2), Annotated Code of Maryland.

All mopeds and motor scooters in use on public highways as defined in Transportation Article, §11-127, Annotated Code of Maryland, shall display the title decal on the rear of the vehicle in a visible position.

Title decals may not be transferred to:

(1)

Another vehicle; or

(2)

A subsequent owner of the same vehicle.

Operators and riders on mopeds and motor scooters shall wear protective headgear and eye-protective devices as set forth under COMAR 11.13.05.02 and .03, respectively.

Operators of mopeds and motor scooters shall carry evidence of the required security in accordance with Transportation Article, §17-103, Annotated Code of Maryland, while operating the moped or motor scooter.

Regulation .04 Off-Highway Recreational Vehicles.Link Copy Citation

Mandatory Titling. An individual who purchases an off-highway recreational vehicle on or after October 1, 2010, shall:

(1)

Apply, in a format determined by the Administration, for a title and include on the application:

(a)

The vehicle identification number;

(b)

A serial number; or

(c)

A unique identifying number issued by the Administration; and

(2)

Pay the following fees:

(a)

An excise tax as set forth in Transportation Article, §13-809(a)(2)(iv), Annotated Code of Maryland; and

(b)

A title fee as set forth in Transportation Article, §13-802(a), Annotated Code of Maryland.

Owners of off-highway recreational vehicles may apply, in a format determined by the Administration, for a title decal and pay a fee as set forth in Transportation Article, §13-106(d)(4)(i), Annotated Code of Maryland.

Title decals may not be transferred to:

(1)

Another vehicle; or

(2)

A subsequent owner of the same vehicle.

Regulation .05 Lost or Damaged Title Decal.Link Copy Citation

If a title decal becomes lost, stolen, mutilated, or illegible, a substitute title decal shall be issued for a fee, as set forth in Transportation Article, §13-106(d)(4)(i), Annotated Code of Maryland, to the owner of a moped, motor scooter, or off-highway recreational vehicle.

Chapter 36. Tax Credit Certificate

Regulation .01 Applicability.Link Copy Citation

This chapter applies to the issuance of a Tax Credit Certificate for an individual or a corporation to claim a credit against the State Income Tax for the expense of registering a qualified vehicle in the State during the taxable year, as set forth in Tax-General Article, §10-734.1, Annotated Code of Maryland.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Administration” means the Motor Vehicle Administration.

(2)

“Comptroller” means the Comptroller of Maryland.

(3)

“Qualified vehicle” means a class F (tractor) vehicle described under Transportation Article, §13-923, Annotated Code of Maryland, that is titled and registered in the State.

(4)

“Tax Credit Certificate” means a certificate issued by the Administration that certifies, a vehicle owner meets the requirements to claim a credit against the State Income Tax for the expense of registering the qualified vehicle in the State during the taxable year, as set forth under this chapter and in Tax-General Article, §10-734.1, Annotated Code of Maryland.

Regulation .03 Applying for a Tax Credit Certificate.Link Copy Citation

An individual or a corporation seeking a Tax Credit Certificate shall apply for a certificate in a format prescribed by the Administration.

An applicant for a Tax Credit Certificate shall provide the Administration with a completed application, including the title number of the vehicle for which credit is sought.

Regulation .04 Issuance of a Tax Credit Certificate.Link Copy Citation

In accordance with the Tax-General Article, §10-734.1, Annotated Code of Maryland, the Administration shall issue a Tax Credit Certificate.

The Administration may not issue a Tax Credit Certificate, for any taxable year, if:

(1)

The required documents are not furnished or the information is incomplete; or

(2)

The aggregate amount of Tax Credit Certificates exceeds the amount as set forth under Tax-General Article, §10-734.1(c)(2), Annotated Code of Maryland.

Chapter 37. Temporary In-Transit Registration

Regulation .01 Purpose.Link Copy Citation

This chapter establishes the criteria necessary for a nonresident of the State to apply for, and receive, a temporary in-transit registration for purposes of transporting a vehicle purchased in Maryland to the nonresident purchaser’s state of residence for titling and registration.

Regulation .02 Application for Temporary In-Transit Registration.Link Copy Citation

A nonresident of the State who purchases a vehicle in the State and who wishes to transport the purchased vehicle to a jurisdiction outside the State for titling and registration shall apply for a temporary in-transit registration in a format prescribed by the Administration.

An applicant for a temporary in-transit registration shall provide the Administration with a completed application, the required fee as set forth in COMAR 11.11.05, and proof of the following, as described in Regulation .04 of this chapter:

(1)

Identity;

(2)

Residency;

(3)

Vehicle ownership; and

(4)

Insurance.

Application for a temporary in-transit registration may be submitted through:

(1)

The Administration; or

(2)

A licensed title service agent.

Regulation .03 Period of Validity.Link Copy Citation

A temporary in-transit registration shall:

(1)

Be valid for a period of 14 days; and

(2)

Indicate the expiration date.

The Administration or a licensed title service agent may not issue more than one temporary in-transit registration for each vehicle sales transaction.

Regulation .04 Required Proofs.Link Copy Citation

As proof of identity, an applicant for a temporary in-transit registration shall furnish a valid driver’s license.

As proof of residency, an applicant for a temporary in-transit registration shall complete a Verification of Residency form furnished by the Administration. The address reflected on the Verification of Residency form shall match the address reflected on the applicant’s driver’s license.

As proof of vehicle ownership, an applicant for a temporary in-transit registration shall provide a properly assigned certificate of title or other ownership documentation acceptable to the Administration, as well as a bill of sale. If the vehicle is less than 7 years old, the bill of sale shall be notarized.

As proof of insurance, an applicant for a temporary in-transit registration shall provide proof that the vehicle for which the temporary in-transit registration is to be issued is covered by the minimum amount of vehicle liability insurance required by Transportation Article, §17-103, Annotated Code of Maryland.

Chapter 38. Electronic Lien Recording and Release

Regulation .01 Purpose.Link Copy Citation

The purpose of this chapter is to govern the electronic transmission of liens recorded and released on vehicle titles.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Administration” means the Motor Vehicle Administration.

(2)

“Motor vehicle lienholder” means a person, or a holder or credit grantor, as defined in Commercial Law Article, that is regularly engaged in the business or practice of financing motor vehicles, including, but not limited to, banking institutions, financial institutions, and dealers regularly engaged in financing vehicles.

(3)

“Vendor” means a person who has entered into an agreement with the Administration to provide an electronic system that links the Administration with an authorized participating company, for the purpose of accessing vehicle information and processing lien transactions electronically.

Regulation .03 Requirement for an Electronic Lien Release.Link Copy Citation

Effective January 1, 2021, all motor vehicle lienholders shall file electronically with the Administration:

(1)

Each of its liens; and

(2)

When a lien is paid in full, the lien release within 5 business days after receiving full payment.

To file electronically with the Administration, a motor vehicle lienholder shall:

(1)

Have an agreement with a vendor approved by the Administration; or

(2)

Have an agreement with the Administration to submit the information directly to the Administration through the Administration interface.

Chapter 39. Electronic or Digital 24-Hour Registration

Regulation .01 Purpose.Link Copy Citation

This chapter establishes the criteria for the owner of a vehicle to apply for, pay for, and receive an electronic or digital 24-hour registration for the purpose of operating a vehicle on a highway in the State of Maryland.

Regulation .02 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Administration” means the Motor Vehicle Administration.

(2)

“Electronic or digital 24-hour registration” means an online transaction provided by Administration through online services.

Regulation .03 Application for Electronic or Digital 24-Hour Registration.Link Copy Citation

The owner of a vehicle that is not currently registered in the new owner’s name in the State and who wishes to use the vehicle on a Maryland State highway may apply for an electronic or digital 24-hour registration in a format prescribed by the Administration.

An applicant for an electronic or digital 24-hour registration shall provide the Administration with a completed online application, the required fee set forth in COMAR 11.11.05, and proof of the following, as described in Regulation .04 of this chapter:

(1)

Identity;

(2)

Vehicle ownership; and

(3)

Insurance.

An application for an electronic or digital 24-hour registration may be submitted through the Administration’s online services.

Regulation .04 Period of Validity.Link Copy Citation

An electronic or digital 24-hour registration shall:

(1)

Be valid for a period of 24-hours; and

(2)

Indicate the expiration date and time.

The Administration may not issue more than one 24-hour registration for each vehicle sales transaction.

Regulation .05 Required Proofs.Link Copy Citation

As proof of identity, an applicant for an electronic or digital 24-hour registration shall furnish a valid State-issued ID or driver’s license.

As proof of ownership, an applicant for an electronic or digital 24-hour registration shall provide a properly assigned certificate of title or other ownership documentation acceptable to the Administration.

As proof of insurance, an applicant for an electronic or digital 24-hour registration shall provide proof that the vehicle for which the electronic or digital 24-hour registration is to be issued is covered by the minimum amount of vehicle liability insurance required by Transportation Article, §17-103, Annotated Code of Maryland.

Chapter 40. Electric Vehicle and Low Emission Vehicle Excise Tax Credit

Regulation .01 Purpose.Link Copy Citation

This chapter applies to plug-in electric drive vehicles and zero-emission plug in electric drive vehicles:

Applications for excise tax credits; and

Annual surcharge fees.

Regulation .02 Incorporation by Reference.Link Copy Citation

In this chapter, 15 U.S.C. §1232, as amended, is incorporated by reference.

Regulation .03 Definitions.Link Copy Citation

In this chapter, the following terms have the meanings indicated.

Terms Defined.

(1)

“Administration” means the Motor Vehicle Administration.

(2)

“Autocycle” has the meaning stated in Transportation Article, §11-103.4, Annotated Code of Maryland.

(3)

Base Purchase Price.

(a)

“Base purchase price” means the standard vehicle price as printed on the Monroney sticker.

(b)

“Base purchase price” does not include:

(i)

Shipping or freight charges;

(ii)

After manufacture items included with the vehicle at the time of purchase;

(iii)

Extended warranties;

(iv)

State or federal taxes;

(v)

Registration fees;

(vi)

Calculation of a dealer trade-in allowance;

(vii)

Dealer discounts or rebates;

(viii)

State, federal, or local government purchase incentives; or

(ix)

Vehicle options.

(4)

“Excise tax” has the meaning stated in Transportation Article, §13-809, Annotated Code of Maryland.

(5)

“Fuel cell electric vehicle” has the meaning stated in Transportation Article, §11-125.1, Annotated Code of Maryland.

(6)

“Monroney sticker” means the label required under 15 U.S.C. §1232, as amended.

(7)

Plug-in Electric Drive Vehicle.

(a)

“Plug-in electric drive vehicle” has the meaning stated in Transportation Article, §21-1003.2, Annotated Code of Maryland; and

(b)

“Plug-in electric drive vehicle” is not a zero-emission plug in electric drive vehicle.

(8)

Zero-Emission Plug-in Electric Drive Vehicle.

(a)

“Zero-emission plug-in electric drive vehicle” has the meaning stated in Transportation Article, §13-815, Annotated Code of Maryland; and

(b)

“Zero-emission plug-in electric drive vehicle” is not capable of producing tailpipe emissions.

Regulation .04 Electric Vehicle Excise Tax Credit Eligibility.Link Copy Citation

For determining eligibility of a zero-emission plug-in electric drive vehicle, fuel cell electric vehicle, zero-emission electric motorcycle, or zero-emission autocycle for a vehicle tax credit, the Administration shall use the base purchase price of the vehicle.

Subject to available funding, the vehicle owner is eligible to apply to the Administration for an applicable excise tax credit if the following conditions are met:

(1)

The vehicle was purchased new and titled for the first time on or after July 1, 2023, but before July 1, 2027;

(2)

The vehicle has not been modified from original manufacturer specifications;

(3)

The vehicle is acquired for use or lease by the taxpayer and not for resale;

(4)

The vehicle has a total base purchase price not exceeding $50,000;

(5)

If applicable, the vehicle has a battery capacity of at least 5.0 kilowatt hours; and

(6)

The applicant is either:

(a)

An individual who has not received a previous excise tax credit for the purchase of a vehicle in accordance with Transportation Article, §13-815; Annotated Code of Maryland; or

(b)

A business entity that has not received excise tax credits for the purchase of more than 10 vehicles in accordance with Transportation Article, §13-815, Annotated Code of Maryland.

Subject to available funding, the credit shall be issued in an amount in accordance with Transportation Article, §13-815, Annotated Code of Maryland.

Regulation .05 Annual Surcharge Fee.Link Copy Citation

In addition to the registration fee, a surcharge fee shall be assessed for plug-in electric drive vehicles and zero-emission plug-in electric drive vehicles pursuant to Transportation Article, §13-956, Annotated Code of Maryland.

Beginning August 1, 2026, this surcharge shall be adjusted annually for inflation. The inflation adjustment shall correspond to the growth in the Consumer Price Index, rounded to the nearest whole dollar, for all urban consumers as determined by the Comptroller in accordance with Tax General Article, §9-305, Annotated Code of Maryland.

Title 11 — Subtitle 15. Motor Vehicle Administration — Vehicle Registration

Chapter 01. Gratis Registration Plates

Chapter 02. Transporter Registration Plates

Regulation .01 Application.LinkCopy Citation

Regulation .02 Requirements.LinkCopy Citation

Chapter 03. Recreational Vehicles

Regulation .01 Definitions.LinkCopy Citation

Regulation .02 Registration Plate.LinkCopy Citation

Chapter 04. Class B Vehicle Requirements

Regulation .01 Application for Exemption Certificate.LinkCopy Citation

Chapter 05. Unorthodox Vehicles

Regulation .01 Definitions.LinkCopy Citation

Regulation .01-1 Incorporation by Reference.LinkCopy Citation

Regulation .02 Vehicles to be Registered as Class A Passenger Vehicles.LinkCopy Citation

Regulation .03 Vehicles to be Registered as Class D Motorcycles.LinkCopy Citation

Regulation .04 Vehicles to be Registered as Class E Trucks.LinkCopy Citation

Chapter 06. Historic Motor Vehicles

Chapter 07. Special Registration Number — Personalized Plates

Chapter 08. Special Mobile Equipment

Regulation .01 Purpose.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Eligibility Factors For Special Mobile Equipment Designation.LinkCopy Citation

Regulation .04 Application Procedures.LinkCopy Citation

Regulation .05 Suspension or Revocation of Special Mobile Equipment Plates.LinkCopy Citation

Chapter 09. Temporary Registration

Regulation .01 Purpose of Temporary Registration.LinkCopy Citation

Regulation .02 Term of Validity of Temporary Registration.LinkCopy Citation

Regulation .03 Instructions for Use of Temporary Plates.LinkCopy Citation

Regulation .04 Expiration of Temporary Registration.LinkCopy Citation

Regulation .05 Repealed.LinkCopy Citation

Regulation .06 Scope.LinkCopy Citation

Chapter 10. Amateur Radio Operator Registration Plates

Regulation .01 Issuance of Amateur Radio Operator Registration Plates.LinkCopy Citation

Chapter 11. Registration Transfer

Regulation .01 Repealed.LinkCopy Citation

Regulation .02 Transfer of Registration Plates.LinkCopy Citation

Regulation .03 Transfer of Registration Plates—Surviving Spouse.LinkCopy Citation

Chapter 12. Titling and Multiyear Registration for Fleet Vehicles

Regulation .01 Purpose.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 Title Process.LinkCopy Citation

Regulation .04 Temporary Authorization Certificate.LinkCopy Citation

Regulation .05 Multiyear Registration.LinkCopy Citation

Regulation .06 Lost or Damaged Plates.LinkCopy Citation

Chapter 13. Issuance of a Nonresident Permit

Regulation .01 Purpose and Scope.LinkCopy Citation

Regulation .02 Certification of Nonresidency.LinkCopy Citation

Regulation .03 Evidence of Required Security.LinkCopy Citation

Regulation .04 Fees.LinkCopy Citation

Regulation .05 Placement of Permit.LinkCopy Citation

Regulation .06 Nonresident Registration.LinkCopy Citation

Regulation .07 Expiration and Renewal of Nonresident Permit.LinkCopy Citation

Regulation .08 Issuance of a Nonresident Permit by an Agent.LinkCopy Citation

Chapter 14. Certificates of Title

Regulation .01 Purpose.LinkCopy Citation

Regulation .02 Definitions.LinkCopy Citation

Regulation .03 New Vehicles.LinkCopy Citation

Regulation .04 Used Vehicles Sold by a Dealer.LinkCopy Citation

Regulation .05 Used Vehicles Sold or Transferred from Someone Other Than a Dealer.LinkCopy Citation

Regulation .06 Used Vehicles Transferred from Another Jurisdiction to Maryland.LinkCopy Citation

Regulation .07 Vehicles Being Titled Because of Repossessions.LinkCopy Citation

Regulation .08 Vehicles Being Titled Because of Mechanic's Lien.LinkCopy Citation

Regulation .09 Vehicles Being Titled Due to a Sheriff's Sale.LinkCopy Citation

Regulation .10 Vehicles Being Titled Because of Court Orders.LinkCopy Citation

Regulation .11 Reconstructed Vehicles.LinkCopy Citation

Regulation .12 Glider Kits and Kit Cars.LinkCopy Citation

Regulation .13 Homemade Trailers.LinkCopy Citation

Regulation .14 Kit Trailer.LinkCopy Citation

Regulation .15 Vehicle Titled by Survivor When Co-owner is Deceased.LinkCopy Citation

Chapter 15. Issuance of Chesapeake Bay Commemorative Plates

Regulation .01 Issuance of Chesapeake Bay Commemorative Plates — Repealed.LinkCopy Citation

Regulation .02 Distribution of Funds.LinkCopy Citation

Chapter 16. Issuance, Renewal, Display, and Expiration of Registrations

Regulation .01 Issuance and Renewal of Registration.LinkCopy Citation

Regulation .01-1 Temporary Authorization Certificate.LinkCopy Citation

Regulation .02 Display of Registration Cards, Temporary Authorization Certificates, Registration Plates, County Stickers and Validation Stickers.LinkCopy Citation

Regulation .03 Expiration of Registration.LinkCopy Citation

Regulation .04 Proration of Registration Fee for Part of Registration Year.LinkCopy Citation

Regulation .05 Multi-Year Registrations — Staggered Classes.LinkCopy Citation

Chapter 17. Staggered System of Registration

Regulation .01 Application.Link Copy Citation

Regulation .02 Requirements.Link Copy Citation

Regulation .01 Definitions.Link Copy Citation

Regulation .02 Registration Plate.Link Copy Citation

Regulation .01 Application for Exemption Certificate.Link Copy Citation

Regulation .01 Definitions.Link Copy Citation

Regulation .01-1 Incorporation by Reference.Link Copy Citation

Regulation .02 Vehicles to be Registered as Class A Passenger Vehicles.Link Copy Citation

Regulation .03 Vehicles to be Registered as Class D Motorcycles.Link Copy Citation

Regulation .04 Vehicles to be Registered as Class E Trucks.Link Copy Citation

Regulation .01 Purpose.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Eligibility Factors For Special Mobile Equipment Designation.Link Copy Citation

Regulation .04 Application Procedures.Link Copy Citation

Regulation .05 Suspension or Revocation of Special Mobile Equipment Plates.Link Copy Citation

Regulation .01 Purpose of Temporary Registration.Link Copy Citation

Regulation .02 Term of Validity of Temporary Registration.Link Copy Citation

Regulation .03 Instructions for Use of Temporary Plates.Link Copy Citation

Regulation .04 Expiration of Temporary Registration.Link Copy Citation

Regulation .05 Repealed.Link Copy Citation

Regulation .06 Scope.Link Copy Citation

Regulation .01 Issuance of Amateur Radio Operator Registration Plates.Link Copy Citation

Regulation .01 Repealed.Link Copy Citation

Regulation .02 Transfer of Registration Plates.Link Copy Citation

Regulation .03 Transfer of Registration Plates—Surviving Spouse.Link Copy Citation

Regulation .01 Purpose.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 Title Process.Link Copy Citation

Regulation .04 Temporary Authorization Certificate.Link Copy Citation

Regulation .05 Multiyear Registration.Link Copy Citation

Regulation .06 Lost or Damaged Plates.Link Copy Citation

Regulation .01 Purpose and Scope.Link Copy Citation

Regulation .02 Certification of Nonresidency.Link Copy Citation

Regulation .03 Evidence of Required Security.Link Copy Citation

Regulation .04 Fees.Link Copy Citation

Regulation .05 Placement of Permit.Link Copy Citation

Regulation .06 Nonresident Registration.Link Copy Citation

Regulation .07 Expiration and Renewal of Nonresident Permit.Link Copy Citation

Regulation .08 Issuance of a Nonresident Permit by an Agent.Link Copy Citation

Regulation .01 Purpose.Link Copy Citation

Regulation .02 Definitions.Link Copy Citation

Regulation .03 New Vehicles.Link Copy Citation

Regulation .04 Used Vehicles Sold by a Dealer.Link Copy Citation

Regulation .05 Used Vehicles Sold or Transferred from Someone Other Than a Dealer.Link Copy Citation

Regulation .06 Used Vehicles Transferred from Another Jurisdiction to Maryland.Link Copy Citation

Regulation .07 Vehicles Being Titled Because of Repossessions.Link Copy Citation

Regulation .08 Vehicles Being Titled Because of Mechanic's Lien.Link Copy Citation

Regulation .09 Vehicles Being Titled Due to a Sheriff's Sale.Link Copy Citation

Regulation .10 Vehicles Being Titled Because of Court Orders.Link Copy Citation

Regulation .11 Reconstructed Vehicles.Link Copy Citation

Regulation .12 Glider Kits and Kit Cars.Link Copy Citation

Regulation .13 Homemade Trailers.Link Copy Citation

Regulation .14 Kit Trailer.Link Copy Citation

Regulation .15 Vehicle Titled by Survivor When Co-owner is Deceased.Link Copy Citation

Regulation .01 Issuance of Chesapeake Bay Commemorative Plates — Repealed.Link Copy Citation

Regulation .02 Distribution of Funds.Link Copy Citation

Regulation .01 Issuance and Renewal of Registration.Link Copy Citation

Regulation .01-1 Temporary Authorization Certificate.Link Copy Citation

Regulation .02 Display of Registration Cards, Temporary Authorization Certificates, Registration Plates, County Stickers and Validation Stickers.Link Copy Citation

Regulation .03 Expiration of Registration.Link Copy Citation

Regulation .04 Proration of Registration Fee for Part of Registration Year.Link Copy Citation

Regulation .05 Multi-Year Registrations — Staggered Classes.Link Copy Citation

Regulation .01 State Agency or Political Subdivision as Agent for Administration.Link Copy Citation

Regulation .02 Issuance of Validation Stickers, Registration Cards, and Registration Plates.Link Copy Citation

Regulation .03 Fees.Link Copy Citation

Regulation .01 Eligible Classes of Vehicles — Repealed.Link Copy Citation

Regulation .02 Fees — Repealed.Link Copy Citation

Regulation .03 Special Registration Numbers and Plates.Link Copy Citation

Regulation .04 Organization Requirements.Link Copy Citation

Regulation .05 Organization Representative and Certification of Membership.Link Copy Citation

Regulation .06 Approval of Nonprofit Organization for Special Registration.Link Copy Citation

Regulation .07 Registration Plate Issuance — Approved Nonprofit Organizations.Link Copy Citation

Regulation .08 Renewal of Special Registration Numbers and Plates.Link Copy Citation

Regulation .09 Individual Issuance of Special Registration Plates to New Members of Approved Nonprofit Organizations.Link Copy Citation

Regulation .10 Cancellation of Special Registration Numbers and Plates.Link Copy Citation

Regulation .01 Definitions.Link Copy Citation

Regulation .02 Eligible Classes of Vehicles — Repealed.Link Copy Citation

Regulation .03 Noncompliant Vehicles — Repealed.Link Copy Citation

Regulation .04 Requirements.Link Copy Citation

Regulation .05 Procedures for Applying for Dump Service Registration.Link Copy Citation