Chapter 01. Administrative Requirements
Regulation .01 Scope.LinkCopy Citation
A.
These regulations do not limit or supersede any other regulation concerning vehicle equipment or means of enforcing laws or regulations relating to vehicle equipment.
B.
These regulations may not be construed to prohibit a person from exceeding the requirements of these regulations.
C.
These regulations apply to:
(1)
Each vehicle defined in Regulation .02 of this chapter;
(2)
Each person who owns, operates, maintains, or repairs a vehicle; and
(3)
Each motor carrier as defined in the Code of Federal Regulations, Title 49, §390.05, its officers and employees, and each person employed under contract by a motor carrier.
Regulation .02 Definitions.LinkCopy Citation
A.
In this subtitle, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administration” means the Maryland Motor Vehicle Administration of the Maryland Department of Transportation.
(2)
“Department” means the Department of State Police.
(3)
“Operator” means any person who drives, operates, moves, or is in physical control of a vehicle or combination of vehicles.
(4)
“Preventive maintenance program” means a systematic vehicle inspection, service, repair, and maintenance program requiring specified equipment on certain vehicles to be maintained in a safe operating condition.
(5)
“Rejection” for the purpose of these regulations means repair.
(6)
“Vehicle” for the purpose of these regulations means any vehicle registered under the Transportation Article, Title 13, Annotated Code of Maryland, as:
(a)
A Class E (truck) vehicle with a registered gross vehicle weight greater than 10,000 pounds;
(b)
A Class E (truck) vehicle with a registered combination vehicle weight greater than 10,000 pounds when operated in combination with a freight trailer or semitrailer;
(c)
A Class F (tractor) vehicle;
(d)
A Class G (freight trailer or semitrailer) vehicle, for which the owner pays a flat registration fee;
(e)
A Class M (multipurpose passenger) vehicle which has a seating capacity for 16 or more passengers including the driver, or was previously registered as a Class H (school) vehicle or a Class P (passenger bus) vehicle, and which is used to primarily transport passengers;
(f)
A Class P (passenger bus) vehicle; or
(g)
Any vehicle or combination of vehicles owned by this State or any political subdivision of this State which are:
(i)
Single unit trucks with a gross vehicle weight greater than 10,000 pounds,
(ii)
Single unit trucks with a gross combination vehicle weight greater than 10,000 pounds when operated in combination with a freight trailer or semitrailer,
(iii)
Truck tractor vehicles,
(iv)
Freight trailer or semitrailer vehicles, and
(v)
Buses designed and used to carry more than 10 people and not regulated by Transportation Article, §25-110, Annotated Code of Maryland.
Regulation .03 General Inspection, Repair, and Maintenance.LinkCopy Citation
A.
Except as required by §B of this regulation, once every 12 months or when a vehicle has travelled 25,000 miles, whichever comes first, each owner shall:
(1)
Systematically inspect, maintain, and repair each vehicle owned; or
(2)
Cause each vehicle owned to be systematically inspected, maintained, and repaired.
B.
An owner of a vehicle operating with a dump service registration under Transportation Article, §13-919, Annotated Code of Maryland, that has been in operation for at least 18 years from the later of the vehicle's model year or first registration date, shall, at intervals of 12,500 miles or 6 months, whichever comes first:
(1)
Systematically inspect, maintain, and repair each vehicle owned; or
(2)
Cause each vehicle owned to be systematically inspected, maintained, and repaired.
C.
Items of Inspection. At a minimum, the following equipment on each vehicle defined in these regulations shall be inspected, maintained, and repaired to meet the requirements established by the Administration and Department:
(1)
Alignment;
(2)
Suspension;
(3)
Steering;
(4)
Brake systems;
(5)
Tires;
(6)
Wheels, rims, studs, nuts;
(7)
Fuel storage and delivery;
(8)
Exhaust system;
(9)
Vehicle frame, body, and sheet metal;
(10)
Electrical system;
(11)
Emergency equipment;
(12)
Seats and seat belts;
(13)
Sun visor;
(14)
Mirrors;
(15)
Glazing;
(16)
Windshield wipers and defroster;
(17)
Certain power train components;
(18)
Speedometer and odometer;
(19)
Clutch and brake pedal pad;
(20)
Horn;
(21)
Hitches and coupling devices;
(22)
Tanks and pressure vessels.
Regulation .04 Records.LinkCopy Citation
A.
Each owner shall maintain or cause to be maintained the following records for each vehicle:
(1)
Identification by year, make, model, title number, and manufacturer's vehicle identification number. The vehicle identification number may not be recorded from documents, but shall be taken from the actual number on the vehicle.
(2)
A record of inspection, repair, and maintenance, including vehicle mileage and date or dates of action taken.
(3)
A copy of the certification required by Regulation .05 of this chapter.
B.
Administrative Forms.
(1)
When performing inspection, service, maintenance, or repairs, an owner shall record, or cause to be recorded, on a form acceptable to the Department, action taken on each item listed in Regulation .03B of this chapter.
(2)
If an owner uses a form which contains additional items, the owner shall ensure that all items contained in Regulation .03B of this chapter are included on the form and are highlighted.
(3)
Forms shall be completed to indicate the date of inspection, date of repairs, mileage on the vehicle on the date of inspection or repair, and signature of the owner or authorized representative.
(4)
An owner or agent of an owner may not willfully record or cause to be recorded any false or fraudulent information on any form or forms required by these regulations.
C.
Record Retention.
(1)
Records required under this regulation shall be kept at the location where the vehicle is garaged, assigned, or maintained.
(2)
Records shall be retained for a period of 2 years. However, records need only be retained for a period of 6 months after a vehicle is sold, traded, junked, or otherwise transferred or disposed of by an owner.
(3)
If vehicle records are not maintained in Maryland, they shall, upon request of the Department, be made available within 5 working days.
(4)
Records shall be available for inspection by Department personnel, or other personnel authorized by the Department, during normal business hours.
Regulation .05 Certification.LinkCopy Citation
A.
Upon applying for an initial or renewal registration for a vehicle defined in this chapter, an owner shall certify that the vehicle is maintained under a preventive maintenance plan established by the Administration and the Department.
B.
A vehicle may not be operated on the highways of this State unless one of the following documents is carried in or on the vehicle:
(1)
A record on a form approved by the Department of the most recent inspection, including any maintenance or repair work performed; or
(2)
A written certification, on a form approved by the Department, that the vehicle is maintained under a preventive maintenance plan established by the Department.
C.
If the owner is a corporation, all certifications required by this chapter may be signed by a corporate officer or an individual with written power of attorney to sign for the corporation. All written powers of attorney shall be filed with the Department.
D.
It shall be the responsibility of the operator to ensure that the certification required under this chapter is carried in or on the vehicle at all times.
E.
If a vehicle is maintained by this State or any political subdivision of this State, the certification may be signed by a designee of the owner.
Chapter annotations
Authority: Transportation Article, §§12-104(b) and 23-303, Annotated Code of Maryland
History: Effective date: January 8, 1990 (16:26 Md. R. 2796)
History: Regulation .01C amended effective May 20, 1996 (23:10 Md. R. 732)
History: Regulation .02B amended effective April 1, 1991 (18:6 Md. R. 687); May 20, 1996 (23:10 Md. R. 732)
History: Regulation .03 amended effective May 20, 1996 (23:10 Md. R. 732)
History: Regulation .04 amended effective May 20, 1996 (23:10 Md. R. 732)
History: Regulation .05 amended effective May 20, 1996 (23:10 Md. R. 732)