Code of Maryland Regulations
Title 11 - DEPARTMENT OF TRANSPORTATION
Subtitle 21 - MOTOR VEHICLE ADMINISTRATION-COMMERCIAL MOTOR VEHICLES
Chapter 11.21.02 - Diesel Vehicle Emissions Control Program
Section 11.21.02.09 - Enforcement

Universal Citation: MD Code Reg 11.21.02.09

Current through Register Vol. 51, No. 6, March 22, 2024

A. Diesel Vehicles Registered In Maryland.

(1) 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.

(2) 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.

(3) COMAR 11.14.01.16C applies to any safety equipment repair order that is issued to repair a diesel vehicle to comply with emissions standards.

(4) 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.

(5) 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:
(a) An emissions inspector; or

(b) A certified diesel emissions retester.

B. Foreign Registered Diesel Vehicles.

(1) 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.

(2) 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 11.21.01.10C.

(3) 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.

(4) 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.

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