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)