Regulation .03F of this chapter is effective January 1, 2012. The federal motor carrier safety regulations contained in 49 CFR 40, 382, 383, 387, 390—393, 384, 395—399, and 1572, as amended, are incorporated by reference, subject to the application provision in Regulations .03, .04-1—.08, and .11—.14 of this chapter and the amendments and exemptions cited in .09 and .10 of this chapter. Except as otherwise amended or exempted, these regulations are applicable to all trucks, truck tractors, trailers, semitrailers, pole trailers, converter dollies, combination vehicles, and buses having a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds. These regulations apply to all interstate carriers and to those intrastate carriers: Transporting hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or Operating a vehicle designed to transport 16 or more passengers, including the driver. The application provisions, amendments, and exemptions set forth in Regulations .05—.08 and .11—.14 of this chapter apply to those intrastate carriers not: Transporting hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or Operating a vehicle designed to transport 16 or more passengers, including the driver. The amendments and exemptions set forth in Regulations .09 and .10 of this chapter apply to interstate and intrastate carriers. Regulations .04-1—.04-3 of this chapter apply to interstate carriers, intrastate carriers, and individuals driving a commercial motor vehicle requiring a commercial driver's license and employed by the State or a political subdivision of the State. Regulation .04-4 of this chapter applies to interstate for hire carriers and intrastate for hire carriers with vehicles that exceed a gross vehicle weight rating of 26,000 pounds and are designed to carry property. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administration” means the Motor Vehicle Administration. “Administrator” means the Motor Vehicle Administrator. “Commercial motor vehicle (CMV)” has the meaning stated in 49 CFR §390.5. “Medical condition” means a mental or physical condition which would disqualify an individual from operating a motor vehicle under 49 CFR §391.41(b). “Waiver for intrastate operation” means a waiver from the provisions of 49 CFR §391.41(b) for the intrastate driver of a commercial motor vehicle requiring a commercial driver's license to operate. “Waiver for medical conditions” means a waiver under Regulation .06E, of this chapter from the provisions of 49 CFR §391.41(b), the physical examination requirements of these regulations, for the intrastate driver of a commercial motor vehicle requiring a commercial driver's license to operate. 49 CFR 40 is incorporated by reference with no amendments or exemptions. 49 CFR 382 is incorporated by reference with no amendments or exemptions. 49 CFR §383.71 is incorporated by reference with no amendments or exemptions. 49 CFR 384 is incorporated by reference with no amendments or exemptions. 49 CFR 387 is incorporated by reference with no amendments or exemptions. 49 CFR §391.1. The provisions of 49 CFR §391.1 are not applicable to a farmer, or an agent or employee of a farmer, who operates farm equipment intrastate or a motor vehicle owned or operated by the farmer in the intrastate transportation of supplies to a farm or the transportation of farm products as defined in Agriculture Article, §10-601, Annotated Code of Maryland, within 150 air miles of the farmer's farm. 49 CFR §391.11. A driver who operates intrastate only, who does not transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations, and who does not operate a vehicle designed to transport 16 or more passengers, including the driver, may operate those vehicles described in Regulation .03 of this chapter if the driver is at least 18 years old and otherwise qualified to operate the vehicle. 49 CFR §§391.21, 391.23, 391.31, and 391.35. The provisions of 49 CFR §§391.21, 391.23, 391.31, and 391.35 are not applicable to the intrastate driver, or to the motor carrier, with regard to the intrastate driver, who is a regularly employed driver of a motor carrier for a continuous period that began before July 1, 1986, and who does not: Transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or Operate a vehicle designed to transport 16 or more passengers, including the driver. 49 CFR §391.41. The physical qualifications of 49 CFR §391.41 are not applicable to individuals employed by the Administration as driver license examiners or school vehicle inspectors while in the performance of their official duties. The medical examination and certification requirements of 49 CFR §391.41 are not applicable to the intrastate driver who operates a vehicle or vehicle combination with a registered gross or combination weight of less than 10,001 pounds, and who does not: Transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or Operate a vehicle designed to transport 16 or more passengers, including the driver. 49 CFR §391.41(b). An intrastate driver who does not operate a bus or who does not transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations, or who does not operate a vehicle designed to transport 16 or more passengers, including the driver, and who does not meet the physical qualifications of 49 CFR §391.41(b)(1)—(3), (10), or (11), may drive in intrastate commerce if issued a waiver for intrastate operation by the Administrator. The waiver is valid for up to 2 years from the date of issue. In order to obtain a waiver for medical conditions from the provisions of 49 CFR §391.41(b)(1)—(3), (10), or (11), the intrastate driver shall: Be otherwise qualified to operate a commercial motor vehicle; Operate in intrastate commerce; and Have a mental or physical condition which would disqualify the individual under 49 CFR §391.41(b)(1)—(3), (10), or (11). In order to obtain a waiver for intrastate operation from the provisions of 49 CFR §391.41(b)(11), the applicant shall currently hold or have held within the past year a valid commercial drivers license. The condition set forth in §E(2)(c) of this regulation shall: Be certified by a physician who has examined the individual and determined the medical condition; and Be documented on the form provided by the Administration. While operating a commercial motor vehicle requiring a commercial driver's license to operate, the driver shall be in possession of a valid intrastate waiver issued by the Administration, showing that the provisions of 49 CFR §391.41(b), have been waived. A copy of the waiver for intrastate operation shall also be filed in the driver qualification file of the motor carrier employing the driver. 49 CFR §§391.41(a), 391.43, and 391.45. The medical examination and certification requirements of 49 CFR §§391.41(a), 391.43, and 391.45 are not applicable to the intrastate driver who: Operates a vehicle or vehicle combination with a registered gross or combination weight of less than 26,001 pounds; Does not transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or Does not operate a vehicle designed to transport 16 or more passengers, including the driver. 49 CFR §391.49. A driver who operates intrastate only in a commercial motor vehicle requiring a commercial driver's license to operate, who is not physically qualified to drive under 49 CFR §391.41(b)(1) or (2), and who is otherwise qualified to drive a motor vehicle, may drive in intrastate commerce only, if granted a waiver by the Administrator. The waiver is valid for up to 2 years from the date of issue. In order to obtain a waiver for intrastate operation from the provision of 49 CFR §391.41(b)(1) or (2), the intrastate driver shall comply with the requirements specified in 49 CFR §391.49 for interstate drivers. For the driver who operates intrastate only, and who is applying for a waiver under the provisions of 49 CFR §391.49(a), all references to the “Regional Director, Motor Carrier Safety”, contained in 49 CFR §391.49, shall be replaced with “Administrator”. 49 CFR 392 is incorporated by reference with no amendments or exemptions. 49 CFR 393 is incorporated by reference with no amendments or exemptions. Add “police officer, hazardous materials inspector, and Public Service Commission inspector" as defined in Transportation Article, §25-111, Annotated Code of Maryland”, after “every” in 49 CFR §395.13(a). 49 CFR §396.9(a)(1). After “Every special agent of the FHWA”, add, “and, when certified by the Maryland State Police, each police officer (as defined in Transportation Article, §25-111, Annotated Code of Maryland), each hazardous materials inspector, and each Public Service Commission inspector”. 49 CFR §396.9(b). Add to end, “When reference is made to a Driver-Equipment Compliance Check or to form MCS 63, it also means a Maryland Driver/Vehicle Inspection Report”. Delete “authorized FHWA personnel” and replace with “personnel authorized in subsection(a)”. 49 CFR §396.9(c)(1). Add to end, “Maryland is a member of the Commercial Vehicle Safety Alliance (CVSA). Personnel authorized to perform inspections of motor carriers in Transportation Article, §25-111, Annotated Code of Maryland, shall conform to generally accepted driver/vehicle inspection standards”. 49 CFR 397 is incorporated by reference with no amendments or exemptions. 49 CFR 398 is incorporated by reference with no amendments or exemptions. 49 CFR 399 is incorporated by reference with no amendments or exemptions. 49 CFR 1572 is incorporated by reference with no amendments or exemptions. Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland Effective date: August 12, 1985 (12:16 Md. R. 1607) Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079) Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815) Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR) Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142) Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553) Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553) Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553) Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742) Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302) Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142) Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395) Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742) Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553) Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799) Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727) Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742) Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553) Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302) Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553) Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302) Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742) Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395) Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302) Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079) Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168) Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821) Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799) Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395) Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916) Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742) Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177) Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302) Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302) Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553) Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302) Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302) Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302) Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742) In this chapter, the following terms have the meanings indicated. Terms Defined. “Diesel vehicle” means a motor vehicle that: Is powered by a compression ignition engine; and Has a manufacturer's gross vehicle weight rating or gross combination weight rating over 10,000 pounds. “Governor” means a mechanism installed on a diesel engine by the original equipment manufacturer for the purpose of limiting the maximum engine speed. “Opacity” means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background, expressed as a percent, as measured by emissions test equipment under Regulation .07 of this chapter. “SAE J1667” means the emissions test described in document number J1667 published by the Society of Automotive Engineers, entitled “Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered Vehicles,” which is incorporated by reference in Regulation .02 of this chapter. “State Police” means the Department of State Police. Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered Vehicles, Surface Vehicle Recommended Practice, SAE J1667 (Society of Automotive Engineers, Inc., February 1996) is incorporated by reference. Unless otherwise stated in this chapter, the regulations in this chapter apply to a diesel vehicle that is operating on any highway in Maryland. A person may not cause, allow, or permit the operation of a diesel vehicle on any highway in Maryland, if the vehicle: Discharges exhaust emissions, the opacity of which exceeds the applicable emissions opacity standards under Regulation .06 of this chapter; or Has emission control, exhaust equipment, or a governor installed either on the vehicle or diesel engine which has been disconnected, detached, or deactivated, or in any other way has been rendered inoperable or less effective than designed by the original equipment or vehicle or engine manufacturer. A diesel vehicle operating on any highway is subject to an emissions test that shall measure the opacity of the exhaust combustion products discharged into the atmosphere by the engine powering the diesel vehicle. The emissions test shall be conducted in accordance with the procedures described in SAE J1667. The general procedures for a valid emissions test in accordance with SAE J1667 are as follows: Before testing, verify that the emissions test equipment meets the requirements under Regulation .07 of this chapter; Before initiating the test, determine that all accessories and any engine braking devices are turned off; Determine that the engine speed governor is in proper operating condition by: Inquiring of the diesel vehicle operator whether the governor is in proper operating condition, and Instructing the operator, with the transmission in either neutral (with the clutch disengaged if so equipped) or in park, to gradually increase the engine speed; then, if the engine speed increases uncontrollably, the diesel vehicle operator shall be instructed to immediately release the accelerator pedal and fuel supply to the engine, and discontinue emission testing of any vehicle with a dysfunctional engine speed governor; Perform the emissions test on at least one exhaust pipe in accordance with SAE J1667. The owner or driver of the diesel vehicle that receives an emissions test shall be provided with the results in writing, in percent opacity, upon completion of the emissions test in this chapter. Diesel vehicle engines of model year 1991 and newer may not produce emissions that exceed 40 percent opacity. Diesel vehicle engines of model year 1990 through 1974 may not produce emissions that exceed 55 percent opacity. Diesel vehicle engines of model year 1973 and older may not produce emissions that exceed 70 percent opacity. Equipment used to conduct the emissions test shall be: Designed to meet the equipment specifications provided in SAE J1667; Approved by the Maryland Department of the Environment; and Maintained in accordance with manufacturer's specifications. Maintenance records for emissions test equipment shall be maintained for a period of 4 years from the date of issue and shall include: The dates of calibration; The full legal name of the individual who calibrated the emissions test equipment; and Any receipts for parts and repairs needed to maintain the emissions test equipment. Emissions Inspectors. An individual who is employed by the State Police or the Maryland Transportation Authority Police may be certified as an emissions inspector by demonstrating to the State Police: The ability to conduct an emissions test under Regulations .04 and .05 of this chapter using emissions test equipment meeting the requirements under Regulation .07 of this chapter; A thorough understanding of this chapter and Transportation Article, Title 23, Subtitle 4, Annotated Code of Maryland; and That the individual has attended and successfully completed training in the operation of the emissions test equipment which the individual will use to conduct the emissions test under Regulations .04 and .05 of this chapter. If an applicant has satisfied the requirements under §A(1) of this regulation, the State Police may certify the applicant as an emissions inspector to: Conduct diesel vehicle emissions testing; Conduct diesel vehicle emissions retesting; Issue a safety equipment repair order; Certify compliance with a safety equipment repair order; Issue a Maryland Driver/Vehicle Inspection Report; and Issue the results in writing, in percent opacity, of an emissions test or retest under this chapter. Diesel Emissions Retesters. An individual may apply to become certified by the Automotive Safety Enforcement Division of the State Police as a diesel emissions retester if the following conditions are met: The applicant demonstrates to the State the ability to conduct an emissions test under Regulations .04 and .05 of this chapter using emissions test equipment meeting the requirements under Regulation .07 of this chapter; The applicant demonstrates a thorough understanding of this chapter and Transportation Article, Title 23, Subtitle 4, Annotated Code of Maryland; and The applicant is employed at: An inspection station licensed under the provisions of Transportation Article, §23-103, Annotated Code of Maryland, to inspect vehicles over 10,000 pounds gross vehicle weight rating, or A diesel vehicle repair facility located in Maryland where the primary business is the repair, rebuild, or reconditioning of diesel vehicle engines for the public at a charge and that meets the minimum work area requirements of COMAR 11.14.01.05C(7). Certification as a Diesel Emissions Retester. If an applicant has satisfied the requirements under §B of this regulation, the Automotive Safety Enforcement Division of the State Police may certify the applicant as a diesel emissions retester to: Conduct diesel vehicle emissions retests at only the licensed inspection station or diesel vehicle repair facility that meets the requirements under §B(3) of this regulation; Report the results of the emissions retest, in percent opacity; and Certify compliance with a safety equipment repair order pertaining only to violations of the emissions standards under this chapter. Renewal of Certification as a Diesel Emissions Retester. Certification as a diesel emissions retester shall be for a period of time not to exceed 3 years. An individual with current, valid certification as a diesel emissions retester may apply for certification renewal in a manner prescribed by the State Police within 60 days before certification expiration. A diesel emissions retester shall immediately notify the Automotive Safety Enforcement Division of the State Police of any change in employment. The emissions test equipment used, procedures conducted, and records maintained by diesel emissions retesters are subject to periodic audits conducted by personnel from the Maryland Department of the Environment or the Automotive Safety Enforcement Division of the State Police, or both. The State Police may, for cause, suspend or revoke any certifications issued under this regulation. Diesel Vehicles Registered In Maryland. If it is determined that the emissions test in this chapter cannot be performed on a diesel vehicle registered in Maryland because the vehicle is operating as described under Regulation .04A(2) of this chapter, the diesel vehicle shall be considered to have failed the emissions test and shall be subject to §A(2)—(5) of this regulation and Transportation Article, §23-404, Annotated Code of Maryland. A safety equipment repair order shall be issued to the driver of a diesel vehicle registered in Maryland that fails an emissions test under this chapter in accordance with Transportation Article, §23-404, Annotated Code of Maryland. COMAR 11.14.01.16 applies to any safety equipment repair order that is issued to repair a diesel vehicle to comply with emissions standards. The certified safety equipment repair order submitted to the State Police shall include evidence that the diesel vehicle complies with the emissions standards in Regulation .06 of this chapter. The evidence required to demonstrate that the diesel vehicle was repaired and complies with the emissions standards in Regulation .06 of this chapter shall include the results of an emissions retest conducted by: An emissions inspector; or A certified diesel emissions retester. Foreign Registered Diesel Vehicles. If it is determined that the emissions test in this chapter cannot be performed on a foreign registered diesel vehicle because the vehicle is operating as described under Regulation .04A(2) of this chapter, the diesel vehicle shall be considered to have failed the emissions test and shall be subject to §B(2)—(4) of this regulation and Transportation Article, §23-404, Annotated Code of Maryland. A Maryland Driver/Vehicle Inspection Report shall be issued to the driver of a foreign registered vehicle that fails an emissions test under this chapter in accordance with Transportation Article, §23-404, Annotated Code of Maryland, and COMAR 11.21.01.10. The Maryland Driver/Vehicle Inspection Report, given to the driver of a foreign registered diesel vehicle that fails an emissions test under this chapter, shall include notification that the foreign registered diesel vehicle has failed to comply with emissions standards in this State. The owner of a foreign registered diesel vehicle that receives a Maryland Driver/Vehicle Inspection Report stating that the vehicle failed an emissions test shall certify that the vehicle was repaired to comply with emissions standards under Regulation .06 of this chapter by signing and returning the Maryland Driver/Vehicle Inspection Report to the State Police. Transportation Article, §§12-104(b) and 23-401—23-404, Annotated Code of Maryland Effective date: July 10, 2000 (27:13 Md. R. 1212)