Sections 23-401 - 23-404
Section 23-401
(a) In this subtitle the following words have the meanings indicated.
(b) "Diesel vehicle" means a motor vehicle that:
(1) Is powered by a compression ignition engine; and
(2) Has a manufacturer's gross vehicle weight rating or gross combination weight rating over 10,000 pounds.
(c) "Emissions inspector" means a person who is certified by the Department of State Police to perform an emissions test.
(d) "Emissions standard" means a measurement of acceptable diesel emissions.
(e) "Emissions test" means the sampling and measurement of certain components of diesel vehicle exhaust to determine if the diesel vehicle complies with an emissions standard.
(f) "Police officer" means any uniformed law enforcement officer.
Section 23-402
(a)(1) The Secretary of the Environment, the Secretary of the State Police, and the Secretary of Transportation shall jointly establish, by regulation, a diesel vehicle emissions control program.
(2) The Secretary of the Environment, the Secretary of the State Police, and the Secretary of Transportation shall jointly adopt regulations to implement, administer, regulate, and enforce the provisions of this subtitle.
(b) Regulations adopted under this subtitle shall establish requirements for:
(1) Establishing diesel vehicle emissions standards;
(2) Emissions tests for diesel vehicles that may include direct emissions measurements;
(3) Emissions test equipment;
(4) Subject to Section 23-403 of this subtitle, establishing emissions test procedures, based on information available from the U.S. Environmental Protection Agency and information regarding standards issued by the Society of Automotive Engineers, that provide for conducting an emissions test; and
(5) Establishing certification requirements for emissions inspectors.
Section 23-403
(a) The operation of a diesel vehicle on any highway in this State constitutes the consent of the driver and owner of the
diesel vehicle to be subject to an emissions test established under this subtitle.
(b) The driver of a diesel vehicle shall obey any sign or direction of a police officer to stop the diesel vehicle and submit it to an emissions test administered by an emissions inspector:
(1) When a diesel vehicle is required to submit to:
(i) Weighing and measuring under Section 24-111 of this article; or
(ii) A motor carrier safety inspection under Section 25-111 of this article; or
(2) At any location or time, when a police officer has reasonable cause to believe that an individual diesel vehicle is violating emissions standards established under this subtitle.
Section 23-404
(a) If a diesel vehicle fails an emissions test established and administered under this subtitle, the driver of the diesel vehicle at the time of testing shall be issued:
(1) If the diesel vehicle is registered under this article, a safety equipment repair order that directs the registered owner of the vehicle to repair the vehicle to comply with emissions standards; or
(2) If the diesel vehicle is a foreign registered vehicle, notice indicating that the vehicle is not in compliance with emissions standards in this State.
(b) (1) A driver of a diesel vehicle who is issued a safety equipment repair order under subsection (a) of this section shall forward the order to the registered owner of the vehicle.
(2) A registered owner of a diesel vehicle who receives a safety equipment repair order under this section shall repair the vehicle to comply with emissions standards established under this subtitle and shall be retested for emissions standards in accordance with regulations adopted under this subtitle.
(3) (i) If a registered owner fails to comply with the requirements of paragraph (2) of this subsection within 30 days of the issuance of the safety equipment repair order, the registration of the diesel vehicle may be suspended by the Administration.
(ii) The registration of a diesel vehicle that is suspended under this paragraph may be reinstated by the Administration if the vehicle is retested for emissions standards in accordance with regulations adopted under this subtitle and complies with emissions standards.
(iii) If the registration of a diesel vehicle is suspended under this paragraph, the owner of the diesel vehicle is subject to a fine not exceeding $1,000 for a violation of paragraph (2) of this subsection.
(4) (i) The owner of a foreign registered diesel vehicle who receives notice indicating that the diesel vehicle has failed to comply with emissions standards in this State, shall repair the vehicle to comply with emissions standards established under this subtitle and shall provide evidence required under regulations adopted under this subtitle that demonstrates compliance with emissions standards.
(ii) If the owner fails to comply with the requirements of subparagraph (i) of this paragraph within 30 days of the issuance of the notice:
1. The Department of State Police shall provide notice to the Federal Highway Administration of the United States Department of Transportation that the owner has violated State law in violation of 49 C.F.R. Section 392.2; and
2. The owner of the diesel vehicle is subject to a fine not exceeding $1,000.
For additional information, contact Tim Shepherd (410)537-3270 or email tim.shepherd@maryland.gov.
