Md. Code Regs. 11.14.01.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.14.01.01 - Definitions

A. In COMAR 11.14.01-11.14.06 and 11.14.09, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Administration" means the State Motor Vehicle Administration of the Maryland Department of Transportation.

(2) "Authorized dealer" means a Maryland dealer licensed as a truck inspection station.

(3) "Authorized inspection station" means a facility which has been licensed to perform inspections on, issue certificates to, or certify safety equipment repair orders for a specific class of vehicle. The following classes of stations are authorized to inspect the types of vehicles listed and any other type of vehicle authorized by the Division:

(a) A-passenger vehicles, limousines, low speed vehicles, recreational motor homes, trucks 10,000 pounds and under GVWR, trailers not equipped with air brakes, up to 20 feet in length, and multipurpose passenger vehicles, except 3-wheeled multipurpose vehicles;

(b) B-any trailer, including those equipped with air brakes;

(c) C-trucks, truck tractors, buses, recreational motor homes, converted buses, and limousines over 10,000 pounds GVWR;

(d) D-combination of Classes B and C;

(e) F-fleet (must own, operate, or control at least 15 vehicles);

(f) M-motorcycles and 3-wheeled multipurpose vehicles, and trailers 20 feet or less in length, if the trailers are not equipped with air brakes;

(g) R-recreational motor homes and converted buses;

(h) T-any trailer up to 10,000 pounds GVWR not equipped with air brakes; and

(i) G-combination of Classes R and T.

(4) "Bed" means the load-carrying part temporarily or permanently attached to a vehicle and separated from the passenger compartment and fully enclosed on both sides by sideboards or side panels, on the front by a board or panel or by the cab of the vehicle and, on the rear, by a tailgate, board, or panel.

(5) "Controller" means an individual who has submitted a Division application, passed a written examination administered by the Division, and been approved by the Division to control the dispensing of inspection certificates to registered inspection mechanics at an authorized inspection station.

(6) "Conviction" has the meaning stated in Transportation Article, § 11-110, Annotated Code of Maryland.

(7) "Covert vehicle" means a vehicle used by the Division to monitor compliance with COMAR 11.14.01-11.14.06 and 11.14.09, by authorized inspection station personnel.

(8) Covert Vehicle Inspection.

(a) "Covert vehicle inspection" means the submission of a covert vehicle to an authorized inspection station for inspection.

(b) Covert vehicle inspection may include the presentation of a fictitious safety equipment repair order written for the purpose of covert investigation.

(9) "Dealer" means a dealer who is licensed in this State under Title 15 of the Transportation Article of the Annotated Code of Maryland.

(10) "Division" means the Automotive Safety Enforcement Division of the Department of State Police.

(11) "Enclosures" means the front, rear, and sides of a vehicle bed as defined in Transportation Article, § 24-106.1(d)(1), Annotated Code of Maryland.

(12) "Facility" means a dealer, vehicle repair garage, repair shop, or gasoline service station.

(13) "Fictitious safety equipment repair order" means a safety equipment repair order that is an authentic document, prepared by Division personnel, containing information that may be fabricated for the purpose of submission for inspection and compliance with COMAR.

(14) "GVWR" means the gross vehicle weight rating as determined by the manufacturer.

(15) "Inspection certificate" means a written certification by an inspection station that:

(a) Certifies that, as of its date, a specified vehicle meets or exceeds the standards for equipment established in these regulations; and

(b) Is signed and dated on behalf of the inspection station by the registered individual who personally inspected the vehicle.

(16) "Licensee" means the owner of a private business, all partners of a partnership and, in cases of corporations, the corporate officer or person with written power of attorney or any other representative of the corporation as defined under Regulation .02A(3) of this chapter.

(17) "Limousine" means a vehicle that:

(a) Has been modified or stretched for transportation of passengers;

(b) Is driven as part of a service provided by a person that advertises itself as a provider of limousine services or registers with the Public Service Commission as a provider of limousine services; or

(c) Is equipped with amenities not normally provided in passenger cars, including a custom interior, television, video cassette recorder, musical sound system, telephone, ice storage area, additional interior lighting, and driver-passenger communication such as an intercom or power-operated driver partition.

(18) "Load cover" means a device made of canvas or other type material and used to enclose the open top of a vehicle bed.

(19) "Loose material" means loose material as defined in Transportation Article, § 24-106.1(a), Annotated Code of Maryland, and COMAR 11.15.20.01B.

(20) "Low speed vehicle" means a four-wheeled electric vehicle that has a maximum speed capability that exceeds 20 miles per hour but is less than 25 miles per hour.

(21) "Modular home trailer" means a trailer manufactured solely for the purpose of transporting modular homes or portions of modular homes. These vehicles may be inspected if they are overwidth or overlength, provided a permit has been issued by the State Highway Administration permitting movement on the highway.

(22) "Motorcycle" means a motor vehicle that:

(a) Has motive power;

(b) Has a seat or saddle for the use of the rider;

(c) Is designed to travel:

(i) On not more than three wheels in contact with the ground; and

(ii) At speeds exceeding 35 miles per hour; and

(d) Is of a type required to comply with all motor vehicle safety standards applicable to motorcycles under federal law.

(23) "Multipurpose passenger vehicle" means a motor vehicle that:

(a) Is designed primarily for carrying persons which is constructed on a truck chassis or with special features for occasional off-road operations;

(b) Has 3 wheels; or

(c) Is of unique design that does not clearly meet the requirements of any other class as determined by the Division, except 4-wheel drive passenger vehicles (sedans, convertibles, and station wagons).

(24) "Police officer" means a uniformed police officer or a civilian employee of the Department of State Police as defined in Transportation Article, §§ 11-147 and 23-101(g), Annotated Code of Maryland.

(25) "Post manufacture window tint inspection report" means a form that:

(a) Has been approved by the Division;

(b) Has been completed by a registered inspection mechanic of an authorized inspection station approved to inspect post manufacture vehicle window tint; and

(c) Includes owner and vehicle information and light transmittance readings of regulated windows equipped with post manufacture window tint.

(26) "Post manufacture window tint medical exemption form" means a form issued by the Division for the purpose of providing notification and documentation to an authorized inspection station performing an inspection of a vehicle that:

(a) Is owned by a person who must be protected from the sun for medical reasons and has been determined by the Division that the owner has met the medical exemption requirements established in Transportation Article, § 22-406, Annotated Code of Maryland; and

(b) Excluding the light transmittance requirement, is compliant with all other post manufacture window tinting regulations under this subtitle.

(27) "Rebuilding" means the restoring of a salvage vehicle as set forth in Transportation Article, § 13-506, Annotated Code of Maryland, or a vehicle which is inoperable because of the need for major or extensive repairs to the body, frame, suspension, engine, or drive train.

(28) "Registered inspection mechanic" means an individual who:

(a) Has passed the appropriate written test;

(b) Has demonstrated proficiency with inspection and test equipment; and

(c) Is not under any type of administrative sanctions.

(29) "SAE" means the Society of Automotive Engineers.

(30) "Safety equipment repair order (SERO)" means a written directive ordering repair of defective equipment on a specified vehicle.

(31) Second-Stage Manufacturer.

(a) "Second-stage manufacturer" means a licensed second-stage manufacturer as defined in Transportation Article, § 15-201, Annotated Code of Maryland.

(b) "Second-stage manufacturer" includes a person who works on an incomplete vehicle so that it becomes a complete vehicle in accordance with COMAR 11.15.27 and Transportation Article, § 15-201, Annotated Code of Maryland.

(32) "Securement hardware" means any device or equipment used to attach or secure a cover on a vehicle bed.

(33) "Specially constructed vehicle" means a vehicle which was not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles and has not been materially altered from its original construction, including kit cars and replicas of previously manufactured vehicles.

(34) "State police" means the Maryland State Police.

(35) "Supervisor" means an individual who:

(a) Has submitted a Division application, passed a written examination administered by the Division, and been approved by the Division to act on behalf of a licensee; and

(b) Is responsible for and supervises the daily operation of the inspection program at the licensee's facility.

(36) Vehicle.

(a) "Vehicle" means, except as otherwise provided in this regulation, any vehicle registered or to be registered in this State as:

(i) Class A (passenger) vehicle;

(ii) Class E (truck) vehicle;

(iii) Class F (tractor) vehicle;

(iv) Class G (trailer) vehicle;

(v) Class J (vanpool) vehicle;

(vi) Class M (multipurpose) vehicle;

(vii) Class B (for hire) vehicle;

(viii) Class D (motorcycle) vehicle;

(ix) Class Q (limousine) vehicle;

(x) For the purpose of load covers required by Transportation Article, § 24-106.1, Annotated Code of Maryland, any vehicle as defined in Transportation Article, § 11-176, Annotated Code of Maryland; or

(xi) For the purpose of safety equipment repair orders only, any motor vehicle, trailer, or semitrailer, except as provided in §B(36)(b) of this regulation.

(b) "Vehicle" does not include any Class L (historic) vehicle, Class N (street rod) vehicle, or trailer which is a mobile home as defined in Transportation Article, § 11-134, Annotated Code of Maryland.

(37) "Vehicle inspection handbook" means copies of regulations governing motor vehicle inspection which have been compiled in a handbook obtained from the Office of the Secretary of State, Division of State Documents, for the State of Maryland.

Md. Code Regs. 11.14.01.01

Regulation .01B amended effective April 1, 1991 (18:6 Md. R. 686); October 9, 1995 (22:20 Md. R. 1544)
Regulation .01B adopted as an emergency provision effective January 1, 2006 (33:4 Md. R. 349); emergency provision extended at 33:15 Md. R. 1275; emergency status expired December 28, 2006
Regulation .01B amended effective March 27, 2006 (33:6 Md. R. 579)
Regulation .01B amended as an emergency provision effective March 9, 2007 (34:9 Md. R. 824); emergency provision expired September 5, 2007
Regulation .01B amended effective September 10, 2007 (34:18 Md. R. 1580)