# COMAR Title 11 — Department of Transportation

## Subtitle 19 — Motor Vehicle Administration — School Vehicles

### Chapter 04 — School Vehicle Inspection

**Authority:** Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland

**Administrative History:** Effective date: February 15, 1973

**Administrative History:** Chapter revised effective December 12, 1980 (7:25 Md. R. 2338)

**Administrative History:** Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective July 1, 1994 (21:11 Md. R. 951)

**Administrative History:** Regulation .01 amended effective July 22, 2002 (29:14 Md. R. 1075)

**Administrative History:** Regulation .01B amended effective July 12, 2010 (37:14 Md. R. 939)

**Administrative History:** Regulation .02B amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)

**Administrative History:** Regulation .03B amended effective July 12, 2010 (37:14 Md. R. 939)

**Administrative History:** Regulation .03C adopted effective October 1, 2017 (44:19 Md. R. 897)

**Administrative History:** Regulation .04 amended effective July 12, 2010 (37:14 Md. R. 939)

**Administrative History:** Regulation .06 amended effective October 1, 2017 (44:19 Md. R. 897)

**Administrative History:** Regulation .07 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)

**Administrative History:** Regulation .08B amended effective July 12, 2010 (37:14 Md. R. 939)

**Administrative History:** Regulation .10 adopted effective July 22, 2002 (29:14 Md. R. 1075)

**Administrative History:** Regulation .10 amended effective July 12, 2010 (37:14 Md. R. 939); October 1, 2017 (44:19 Md. R. 897)

**Administrative History:** Regulation .11 adopted effective October 1, 2017 (44:19 Md. R. 897)

#### Regulation .01 Scope.

*COMAR 11.19.04.01*

A. A school vehicle as defined in Transportation Article, §11-154, Annotated Code of Maryland, is subject to the inspection program set forth in this chapter.

B. Except for school vehicles owned by a board of education, a school vehicle owner or school vehicle lessee shall submit, on a form approved by the Administration, a list of its school vehicles and the names and addresses of the boards of education or private or parochial schools, or both, to which students are transported. Changes in the required list shall be reported to the Administration within 10 days of the effective change.

C. At any time during regular Administration or school business hours, the Administration may:

  (1) Audit school vehicle inspection operations and records; and

  (2) Conduct school vehicle inspections.

#### Regulation .02 Definitions.

*COMAR 11.19.04.02*

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

B. Terms Defined.

  (1) “Administration” means the Motor Vehicle Administration.

  (2) “Board of Education” means a local public school system.

  (3) “Certification” means a signed statement, made under penalty of perjury, on a form provided by the Administration.

  (4) “Head start vehicle” has the meaning defined in Transportation Article, §11-154(a)(2)(iii), Annotated Code of Maryland.

  (5) “Head start vehicle inspection” means an annual Type A inspection of a head start vehicle completed by an inspection mechanic at an authorized Maryland State Inspection facility.

  (6) “Inspection mechanic” means an individual that is licensed by the Administration or Automotive Safety Enforcement Division to perform vehicle safety inspections on a specific class of vehicles.

  (7) “Major defect” means damage or wear which is cause for rejection under COMAR 11.14.02 or 11.14.04, and other damage, wear, or missing equipment or part which may make the vehicle unfit or unsafe for the transportation of passengers.

  (8) “Minor defect” means damage or wear not specified as a major defect.

  (9) “MVA compliance agent” means an authorized representative of the Administration's Vehicle Inspection Services Division.

  (10) “School vehicle” has the meaning defined in Transportation Article, §11-154, Annotated Code of Maryland.

  (11) “School vehicle repair order” means a written order to repair defective equipment on a school vehicle, issued by a MVA compliance agent.

  (12) “Type A inspection” means an inspection of a school vehicle that includes the inspection of the items set forth in COMAR 11.14.02 and 11.14.04 for Type I and Type II school vehicles.

  (13) “Type B inspection” means an inspection of a school vehicle that includes the inspection of all items in a Type A inspection, except those which require removing the wheels of the school vehicle.

#### Regulation .03 School Vehicle Inspection Procedures.

*COMAR 11.19.04.03*

A. Type A Inspections. During each 12-month period, the owner of a school vehicle shall submit to the Administration a certification that a Type A inspection was completed by the owner, or the owner's representative, within the previous 12 months.

B. Type B Inspections.

  (1) In addition to the Type A inspection required under §A of this regulation, school vehicles shall receive a Type B inspection two times a year.

  (2) The Board of Education shall perform the Type B inspection on school vehicles owned or contracted to them.

  (3) Other school vehicles shall be inspected by the owner or the owner's representative.

  (4) One Type B inspection shall be:

    (a) Observed and recorded by an MVA compliance agent; and

    (b) Witnessed by the:

      (i) Supervisor of transportation, or the supervisor's authorized representative, for school vehicles publicly owned or under contract to a Board of Education, or

      (ii) Owner, or the owner's authorized representative, for school buses owned by or under contract to a private or parochial school.

  (5) Type B Inspection Scheduling.

    (a) Type B inspections shall be scheduled at least 60 days apart.

    (b) The Administration shall schedule:

      (i) One of the Type B inspections for school vehicles publicly owned, or under contract to, a Board of Education; and

      (ii) All Type B inspections for school vehicles operating for private or parochial schools.

    (c) The other Type B inspection for school vehicles publicly owned and school vehicles under contract to the Board of Education shall be scheduled by the Board of Education's transportation supervisor.

  (6) The Board of Education's transportation supervisor shall notify the Administration, in writing, of the date and location of the inspections of all school vehicles publicly owned or under contract with the Board of Education.

  (7) For school vehicles used to transport students to a private or parochial school, the school's transportation supervisor or the owner of the school vehicles shall notify the Administration, in writing, of the inspection locations.

  (8) Major Defects.

    (a) If a major defect that cannot be immediately corrected is discovered during an inspection observed by an MVA compliance agent, the MVA compliance agent shall:

      (i) Issue a school vehicle equipment repair order;

      (ii) Suspend the school vehicle's registration; and

      (iii) Confiscate the school vehicle's plates.

    (b) If a major defect is discovered and corrected during an inspection, the MVA compliance agent shall record the defect and note that it was corrected during the inspection.

    (c) Vehicle Removed From Service.

      (i) If a major defect that cannot be immediately corrected is discovered during an inspection not observed by an MVA compliance agent, the Administration shall be notified immediately and the vehicle shall be removed from service.

      (ii) The Administration may suspend the registration of a vehicle removed from service and confiscate the vehicle registration plates.

      (iii) When all major defects are corrected, the school vehicle owner or the Board of Education may return the vehicle to service if the Administration has not suspended the vehicle's registration.

      (iv) If the Administration has suspended the vehicle's registration, the school vehicle owner or the Board of Education shall arrange for an inspection by an MVA compliance agent.

      (v) The Administration shall return the registration plates when the school vehicle successfully passes reinspection.

  (9) Minor Defects.

    (a) If a minor defect is discovered during an inspection observed by an MVA compliance agent, the MVA compliance agent shall issue a school vehicle equipment repair order.

    (b) When all minor defects on publicly owned school vehicles are corrected, the local supervisor of transportation or the supervisor's authorized agent shall certify on the school vehicle equipment repair order that the minor defects are corrected, and shall return the school vehicle equipment repair order to the Administration within 30 days of the inspection.

    (c) When all minor defects on non-publicly owned school vehicles are corrected, the owner of the vehicles or the owner's authorized agent shall certify on the school vehicle equipment repair order that the minor defects are corrected and return the school vehicle equipment repair order to the Administration within 30 days of the inspection.

    (d) Failure to correct all minor defects and certify that they have been corrected, or to return the school vehicle equipment repair order to the Administration within 30 days, shall result in the suspension of the school vehicle's registration.

C. Head Start Vehicle Inspection. During each 12-month period, the owner of a head start vehicle shall submit to the Administration a certification that a head start vehicle inspection was completed by an inspection mechanic at an authorized Maryland State Inspection facility.

#### Regulation .04 Removal of Unsafe School Vehicle from Service.

*COMAR 11.19.04.04*

A mechanically unfit or otherwise unsafe school vehicle, including a school vehicle found to have a major defect that was not immediately corrected during an inspection, shall be removed from service by:

A. The owner;

B. The Supervisor or Director of Transportation, if the vehicle is under contract with the Board of Education;

C. An MVA compliance agent; or

D. An agent or employee of the persons identified in §§A and B of this regulation.

#### Regulation .05 Transmittal of Certifications.

*COMAR 11.19.04.05*

A. Certifications of inspection shall be sent to the Administration within 10 days of the inspection.

B. Failure to forward the required certification under this regulation may result in a suspension of the school vehicle's registration.

#### Regulation .06 School Vehicles Manufactured Before April, 1977.

*COMAR 11.19.04.06*

A. Every 12 months the Administration shall schedule three inspections for a school vehicle manufactured before April, 1977. These inspections shall be conducted as follows:

  (1) For a Type I or Type II school vehicle:

    (a) Two Type B inspections shall be conducted by a MVA compliance agent; and

    (b) One Type A inspection shall be conducted by a licensed State inspection station or a school vehicle inspection station that is certified by the Administration.

  (2) For a head start vehicle:

    (a) Two Type B inspections shall be conducted by an MVA compliance agent; and

    (b) One head start vehicle inspection shall be conducted by an inspection mechanic at an authorized Maryland State Inspection facility.

B. Type B Inspection.

  (1) The vehicle owner shall provide all the equipment and tools necessary to conduct an inspection.

  (2) The vehicle owner’s mechanic shall assist the MVA compliance agent and shall raise the vehicle for performing the inspection.

  (3) The results of each Type B inspection shall be recorded by the MVA compliance agent and witnessed by the owner or his authorized agent.

#### Regulation .07 School Vehicles Over 12 Years Old.

*COMAR 11.19.04.07*

A. A school vehicle over 12 model or calendar years old, after initial registrations:

  (1) Shall, at the end of the 12th year, have:

    (a) For a Type I or Type II school vehicle, an Inspection certification or a Type A inspection performed by an Inspection Mechanic at a licensed State inspection station or a school vehicle inspection station that is certified by the Administration; or

    (b) For a head start vehicle, a head start vehicle inspection completed by an inspection mechanic at an authorized Maryland State Inspection facility; and

  (2) Is subject to the following annual inspection requirements:

    (a) For a Type I or II school vehicle:

      (i) One Inspection certification or a Type A inspection conducted by an Inspection Mechanic at a licensed State inspection station or a school vehicle inspection station that is certified by the Administration;

      (ii) One Type B inspection conducted by an MVA compliance agent; and

      (iii) One Type B inspection conducted by the owner or the owner’s authorized representative: or

    (b) For a head start school vehicle:

      (i) One head start vehicle inspection completed by an inspection mechanic at an authorized Maryland State Inspection facility;

      (ii) One Type B inspection conducted by an MVA compliance agent; and

      (iii) One Type B inspection conducted by the owner or the owner’s authorized representative.

B. The Type B inspection conducted by the owner or the owner’s representative under §A(2)(a)(iii) or §A(2)(b)(iii) of this regulation shall be conducted and certified as specified in Regulation .03 of this chapter.

C. When a Type B inspection is conducted by a MVA compliance agent under §A(2)(a)(ii) or §A(2)(b)(ii) of this regulation:

  (1) The vehicle owner shall provide all the equipment and tools necessary to conduct an inspection;

  (2) The vehicle owner's mechanic shall assist the MVA compliance agent and shall raise the vehicle for performing the inspection; and

  (3) The results of each Type B inspection shall be recorded by the MVA compliance agent and witnessed by the owner or his authorized agent.

#### Regulation .08 Temporary Repair Tags.

*COMAR 11.19.04.08*

A. When suspending a school vehicle registration, the Administration may issue a 30-day temporary repair tag for the sole purpose of transporting a vehicle to and from a garage, repair shop, or automotive repair facility.

B. A temporary repair tag may not be issued for:

  (1) Vehicles that are suspended for failure to repair minor defects within 30 days; or

  (2) A vehicle with a defect that would cause the vehicle to be unsafe to drive to a repair facility.

C. The temporary registration may not be used for passenger transportation, except for auto mechanics, engineers, school officials, licensed dealers, or factory representatives involved in the diagnoses of mechanical defects or the test driving of the school vehicle.

#### Regulation .09 Records Retention.

*COMAR 11.19.04.09*

Copies of inspection records and certifications for inspections not observed by the Administration shall be maintained by the:

A. Board of Education for a school vehicle owned or under contract with the Board of Education for as long as the school vehicle is owned by or under contract with the Board of Education; or

B. School vehicle owner for a school vehicle owned by or operated for a private or parochial school for as long as the owner owns the school vehicle.

#### Regulation .10 School Vehicle Tag Certification.

*COMAR 11.19.04.10*

A. School vehicles shall be acceptance inspected for registration by:

  (1) An MVA compliance agent; or

  (2) The supervisor or director of transportation of a local school system or a representative appointed by the supervisor or director of transportation.

B. After completing the acceptance inspection of a school vehicle, the MVA compliance agent shall:

  (1) If submitting the inspection certification in paper form to the Administration:

    (a) Complete the prenumbered inspection certification in ink;

    (b) Issue the white copy of the inspection certification to the school vehicle owner; and

    (c) Return one copy of the certification to the Administration’s Vehicle Inspection Services Division; or

  (2) Submit electronically to the Administration’s Vehicle Inspection Services Division.

C. The school vehicle owner shall submit the original inspection certification to the Administration when applying for tags. Copies of the inspection certification may not be accepted.

D. If an original inspection certification is lost, a duplicate shall be issued and cross-reference shall be made to the original certification.

E. If an original inspection certification is damaged, incorrect, or illegible:

  (1) All copies shall be marked VOID and returned to the Administration's Vehicle Inspection Services Division; and

  (2) A duplicate shall be issued and cross-reference shall be made to the original certification.

F. The supervisor or director of transportation of the local school system shall:

  (1) Submit inspection certifications as follows:

    (a) If submitting the inspection certification in paper form to the Administration:

      (i) Issue the inspection certification in strict numbered sequence;

      (ii) Maintain strict security of unused inspection certifications in a locked safe, cabinet, or desk;

      (iii) Ensure that only designated personnel have access to the inspection certifications;

      (iv) Immediately notify the Administration if any inspection certifications are stolen, lost, or destroyed; and

      (v) Make certifications available for audit by the Administration during duty hours of the school system involved; or

    (b) Submit electronically; and

  (2) Notify the Administration when any change in the supervisor or director of transportation position is made.

G. The Vehicle Inspection Services Division shall notify the Administration’s Vehicle Registration Section not to accept stolen, lost, or destroyed certifications, which the Administration is notified of, under §F(1)(a)(iv) of this regulation.

H. The administrative penalties for failure to comply with this regulation are:

  (1) Confiscation of all inspection certification forms by the Administration; and

  (2) Suspension of the authority of the supervisor or director of transportation and their representative to issue inspection certification.

#### Regulation .11 Head Start Vehicle.

*COMAR 11.19.04.11*

Pursuant to Transportation Article, §11-154, Annotated Code of Maryland, school vehicles may be registered in Maryland that were originally titled in another state and used to transport children, students, or teachers for educational purposes or in connection with a school activity in that state. These vehicles shall comply with regulations on transporting children enrolled in the federally funded Head Start program adopted by the United States Department of Health and Human Services. These Vehicles are to be used solely for transporting children to and from a Head Start program.

A. Head start vehicle owners shall:

  (1) Have a head start vehicle inspection conducted for the initial registration and annually thereafter by an inspection mechanic at an authorized Maryland State Inspection facility.

  (2) Be issued a School Vehicle Tag Certification (Form EP-216) for tags after being acceptance inspected by the Administration for compliance with COMAR Construction Standards 11.19.02.20 Color and Identification (Lettering) in addition to all equipment necessary for Head Start Transportation in the Code of Federal Regulations, Title 45, §1310.

  (3) Submit a School Vehicle Contract Certification (EP-211) written contract certification to the Administration that the vehicle used for Head Start transportation will only be transporting children to and from a Head Start program.

  (4) Be issued a Head Start Vehicle registration plate that is centrally issued by the Administration pursuant to Transportation Article, §13-420, Annotated Code of Maryland, after approval from the School Vehicle Safety Section.

B. A head start vehicle shall be constructed with materials that enable it to meet all criteria of the school bus seat upholstery fire block test established by the National School Transportation specifications and procedures adopted at the most recent National Congress on School Transportation.