Capitol Building Maryland Register

Issue Date:  July 11, 2025

Volume 52  •  Issue 14  • Pages 703 — 798

IN THIS ISSUE

Governor

Judiciary

Regulations

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before June 23, 2025 5 p.m.
 
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of June 23, 2025.
 
Gail S. Klakring
Administrator, Division of State Documents
Office of the Secretary of State

Seal

Information About the Maryland Register and COMAR

MARYLAND REGISTER

   The Maryland Register is an official State publication published every other week throughout the year. A cumulative index is published quarterly.

   The Maryland Register is the temporary supplement to the Code of Maryland Regulations. Any change to the text of regulations published  in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register.

   The following information is also published regularly in the Register:

   • Governor’s Executive Orders

   • Attorney General’s Opinions in full text

   • Open Meetings Compliance Board Opinions in full text

   • State Ethics Commission Opinions in full text

   • Court Rules

   • District Court Administrative Memoranda

   • Courts of Appeal Hearing Calendars

   • Agency Hearing and Meeting Notices

   • Synopses of Bills Introduced and Enacted by the General Assembly

   • Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

   The Maryland Register is cited by volume, issue, page number, and date. Example:

• 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register issued on April 17, 1992.

CODE OF MARYLAND REGULATIONS (COMAR)

   COMAR is the official compilation of all regulations issued by agencies of the State of Maryland. The Maryland Register is COMAR’s temporary supplement, printing all changes to regulations as soon as they occur. At least once annually, the changes to regulations printed in the Maryland Register are incorporated into COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

   COMAR regulations are cited by title number, subtitle number, chapter number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03.

DOCUMENTS INCORPORATED BY REFERENCE

   Incorporation by reference is a legal device by which a document is made part of COMAR simply by referring to it. While the text of an incorporated document does not appear in COMAR, the provisions of the incorporated document are as fully enforceable as any other COMAR regulation. Each regulation that proposes to incorporate a document is identified in the Maryland Register by an Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or Repealed, found online, also identifies each regulation incorporating a document. Documents incorporated by reference are available for inspection in various depository libraries located throughout the State and at the Division of State Documents. These depositories are listed in the first issue of the Maryland Register published each year. For further information, call 410-974-2486.

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives information about past changes to regulations. To determine if there have been any subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf. This table lists the regulations in numerical order, by their COMAR number, followed by the citation to the Maryland Register in which the change occurred. The Maryland Register serves as a temporary supplement to COMAR, and the two publications must always be used together. A Research Guide for Maryland Regulations is available. For further information, call 410-260-3876.

SUBSCRIPTION INFORMATION

   For subscription forms for the Maryland Register and COMAR, see the back pages of the Maryland Register. Single issues of the Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS

   Maryland citizens and other interested persons may participate in the process by which administrative regulations are adopted, amended, or repealed, and may also initiate the process by which the validity and applicability of regulations is determined. Listed below are some of the ways in which citizens may participate (references are to State Government Article (SG),

Annotated Code of Maryland):

   • By submitting data or views on proposed regulations either orally or in writing, to the proposing agency (see ‘‘Opportunity for Public Comment’’ at the beginning of all regulations appearing in the Proposed Action on Regulations section of the Maryland Register). (See SG, §10-112)

   • By petitioning an agency to adopt, amend, or repeal regulations. The agency must respond to the petition. (See SG §10-123)

   • By petitioning an agency to issue a declaratory ruling with respect to how any regulation, order, or statute enforced by the agency applies. (SG, Title 10, Subtitle 3)

   • By petitioning the circuit court for a declaratory judgment

on the validity of a regulation when it appears that the regulation interferes with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)

   • By inspecting a certified copy of any document filed with the Division of State Documents for publication in the Maryland Register. (See SG, §7-213)

 

      Maryland Register (ISSN 0360-2834). Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland 21401. Tel. 410-260-3876. Published biweekly, with cumulative indexes published quarterly, by the State of Maryland, Division of State Documents, State House, Annapolis, Maryland 21401. The subscription rate for the Maryland Register is $225 per year (first class mail). All subscriptions post-paid to points in the U.S. periodicals postage paid at Annapolis, Maryland, and additional mailing offices.

      Wes Moore, Governor; Susan C. Lee, Secretary of State; Gail S. Klakring, Administrator; Tracey A. Johnstone, Editor, Maryland Register; Tarshia N. Neal, Subscription Manager; Tami Cathell, Help Desk, COMAR and Maryland Register Online.

      Front cover: State House, Annapolis, MD, built 1772—79.

Illustrations by Carolyn Anderson, Dept. of General Services

 

     Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.


 

Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the
Maryland Register ................................................................  706

 

COMAR Research Aids

Table of Pending Proposals .......................................................  707

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                               Page

08       Department of Natural Resources .................................... 715

09       Maryland Department of Labor ....................................... 712

10       Maryland Department of Health .............................  712 ,716

11       Department of Transportation .......................................... 723

13A     State Board of Education ........................................ 713 ,783

14       Independent Agencies ............................................. 713, 788

22       State Retirement and Pension System .............................. 713

30       Maryland Institute for Emergency Medical Services
               Systems (MIEMSS) .................................................... 714

33       State Board of Elections ................................................. 790

 

 

PERSONS WITH DISABILITIES

Individuals with disabilities who desire assistance in using the publications and services of the Division of State Documents are encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.

 

 

The Governor

EXECUTIVE ORDER 01.01.2025.15................................. 710                          

The Judiciary

SUPREME COURT OF MARYLAND

DISCIPLINARY PROCEEDINGS...................................... 711

 

Final Action on Regulations

09 MARYLAND DEPARTMENT OF LABOR

MARYLAND BOARD OF ELECTRICIANS

Continuing Education . 712

WORKFORCE DEVELOPMENT AND ADULT LEARNING

Alternate Ways to Earn a High School Diploma . 712

HOUSEHOLD GOODS MOVERS

General Regulations . 712

10 MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Medical Assistance Eligibility . 712

Hospice Care . 712

General Medical Assistance Provider Participation
Criteria
. 713

Programs of All-Inclusive Care for the Elderly
(PACE)
713

11 DEPARTMENT OF TRANSPORTATION

STATE HIGHWAY ADMINISTRATION

Heavy Weight Port Corridor Permit 713

13A STATE BOARD OF EDUCATION

SCHOOL PERSONNEL

Programs for Professionally Certified Personnel 713

14 INDEPENDENT AGENCIES

PUBLIC EMPLOYEE RELATIONS BOARD

Collective Bargaining . 713

22 STATE RETIREMENT AND PENSION SYSTEM

GENERAL REGULATIONS

Proof of Date of Birth . 713

Enrollment in the State System .. 713

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

DESIGNATION OF TRAUMA AND SPECIALTY REFERRAL CENTERS

Trauma Center Designation and Verification Standards . 714

Adult and Pediatric Burn Center Standards . 714

Pediatric Trauma Center Standards . 714

Neurotrauma Center Standards . 714

Designated Primary Stroke Center Standards . 714

Perinatal and Neonatal Referral Center Standards . 714

Hand and Upper Extremity Trauma Center Standards . 714

Designated Acute Stroke Ready Center 714

 

Proposed Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES

BOATING—SPEED LIMITS AND OPERATION OF VESSELS

General 715

10 MARYLAND DEPARTMENT OF HEALTH

BOARD OF PHYSICIANS

Licensure of Polysomnographic Technologists . 716

BOARD OF PHARMACY

Transfer and Outsourcing of Prescriptions and Prescription Orders   719

Pharmacy Equipment 720

BOARD OF SOCIAL WORK EXAMINERS

Social Work Practice . 720

BOARD OF MASSAGE THERAPY EXAMINERS

Fees . 721

Handheld Tools . 721

11 DEPARTMENT OF TRANSPORTATION

MOTOR VEHICLE ADMINISTRATION—VEHICLE INSPECTIONS

General Inspection Requirements and Provisions 723

Vehicle Equipment Inspection Standards 723

Safety Standards for Motorcycles . 723

Safety Standards for Trucks, Truck Tractors, Commercial Buses, and Type I School Vehicles 723

Safety Standards for Trailers . 723

Emissions Equipment Standards . 723

13A STATE BOARD OF EDUCATION

GENERAL INSTRUCTIONAL PROGRAMS

Students at Risk for Reading Difficulties . 783

EDUCATOR LICENSURE

General Provisions . 785

Specialists . 785

Administrators and Supervisors . 785

Disciplinary Actions and Denials . 786

14 INDEPENDENT AGENCIES

MARYLAND HEALTH BENEFIT EXCHANGE

State-Based Health Insurance Subsidies Program .. 788

33 STATE BOARD OF ELECTIONS

CAMPAIGN FINANCING

Campaign Accounts . 790

Campaign Accounts . 790

Campaign Accounts . 790

 

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 25-WQC-0005 . 792

Water Quality Certification 25-WQC-0023 . 792

MARYLAND HEALTH CARE COMMISSION .. 793

SCHEDULES FOR CERTIFICATE OF NEED
REVIEW
... 793

General Hospital Projects . 794

Freestanding Ambulatory Surgical Facility Projects . 794

Comprehensive Care Facilities/Nursing Homes . 795

Freestanding Medical Facility Projects . 795

Cardiac Surgery Services . 795

Home Health Agency Projects . 795

 

General Notices

STATE COLLECTION AGENCY LICENSING BOARD

Public Meeting . 797

COMMISSIONER OF FINANCIAL REGULATION

Public Meeting . 797

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Public Meeting . 797

MARYLAND COLLEGE COLLABORATION FOR STUDENT VETERANS COMMISSION

Public Meeting . 797

 

 

COMAR Online

        The Code of Maryland Regulations is available at www.dsd.state.md.us as a free service of the Office of the Secretary of State, Division of State Documents. The full text of regulations is available and searchable. Note, however, that the printed COMAR continues to be the only official and enforceable version of COMAR.

        The Maryland Register is also available at www.dsd.state.md.us.

        For additional information, visit www.dsd.maryland.gov, Division of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.

 

Availability of Monthly List of
Maryland Documents

        The Maryland Department of Legislative Services receives copies of all publications issued by State officers and agencies. The Department prepares and distributes, for a fee, a list of these publications under the title ‘‘Maryland Documents’’. This list is published monthly, and contains bibliographic information concerning regular and special reports, bulletins, serials, periodicals, catalogues, and a variety of other State publications. ‘‘Maryland Documents’’ also includes local publications.

        Anyone wishing to receive ‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.

 

CLOSING DATES AND ISSUE DATES THROUGH
December 2025

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Notices, etc.

10:30 a.m.

Final

Regulations

10:30 a.m.

July 25

July 7

July 14

July 16

August 8

July 21

July 28

July 30

August 22

August 4

August 11

August 13

September 5

August 18

August 25

August 27

September 19

August 29**

September 8

September 10

October 3

September 15

September 22

September 24

October 17

September 29

October 6

October 8

October 31

October 10**

October 20

October 22

November 14

October 27

November 3

November 5

December 1***

November 10

November 17

November 19

December 12

November 24

December 1

December 3

December 26

December 8

December 15

December 17

   Please note that this table is provided for planning purposes and that the Division of State Documents (DSD) cannot guarantee submissions will be published in an agency’s desired issue. Although DSD strives to publish according to the schedule above, there may be times when workload pressures prevent adherence to it.

*   Also note that proposal deadlines are for submissions to DSD for publication in the Maryland Register and do not take into account the 15-day AELR review period. The due date for documents containing 8 to 18 pages is 48 hours before the date listed; the due date for documents exceeding 18 pages is 1 week before the date listed.

NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE PAGE COUNT REFLECTS THIS FORMATTING.

**      Note closing date changes due to holidays.

***   Note issue date changes due to holidays.

The regular closing date for Proposals and Emergencies is Monday.

 

Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed

   This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR). The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.

Table of Pending Proposals

   The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata and corrections pertaining to proposed regulations are listed, followed by “(err)” or “(corr),” respectively. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.


 

02 OFFICE OF THE ATTORNEY GENERAL

 

02.06.04 .01—.06 • 52:6 Md. R. 270 (3-21-25)

 

05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

 

05.24.01.01—.04 • 52:13 Md. R. 660 (6-27-25)

 

07 DEPARTMENT OF HUMAN SERVICES

 

07.02.25.01—.24 • 51:19 Md. R. 861 (9-20-24)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.22.02 • 51:10 Md. R. 534 (5-17-24)

08.03.08.01,.04—.09 • 52:11 Md. R. 536 (5-30-2025)

08.08.05.03 • 52:7 Md. R. 326 (4-4-2025)

08.18.01.08 • 52:14 Md. R 715 (7-11-25)

08.18.19.05 • 52:11 Md. R. 539 (5-30-2025)

08.18.26.07 • 52:11 Md. R. 540 (5-30-2025)

 

09 MARYLAND DEPARTMENT OF LABOR

 

09.03.06.02,.04 • 52:1 Md. R. 27 (1-10-25)

09.03.06.02,.04 • 52:2 Md. R. 79 (1-24-25) (corr)

09.03.06.02,.06,.16 • 51:14 Md. R. 685 (7-12-24)

09.03.09.06 • 52:7 Md. R. 328 (4-4-2025)

09.11.07.01 • 52:12 Md. R. 600 (6-13-25)

09.13.06.07, .09, .12 • 52:7 Md. R. 329 (4-4-25)

09.14.18.01—.12 • 52:11 Md. R. 540 (5-30-2025)

09.22.01.04, .15 • 52:6 Md. R. 273 (3-21-25)

09.22.02.03, .05 • 52:6 Md. R. 273 (3-21-25)

09.30.01,.01—.10 • 52:2 Md. R 371 (4-18-25)

09.33.02.01—.06,.07—.09 • 52:12 Md. R. 600 (6-13-25)

09.34.05.02 • 52:10 Md. R. 441 (5-16-25)

 

 

09.34.06.02.—07,.14 • 52:10 Md. R. 441 (5-16-25)

09.34.07.02 • 52:10 Md. R. 441 (5-16-25)

09.34.08.01—.03,.05—.08,.10—.12 • 52:10 Md. R.441 (5-16-25)

09.34.09.02 • 52:10 Md. R. 441 (5-16-25)

09.36.07.01—.13 • 52:6 Md. R. 274 (3-21-25)

09.42.01.01—.03 • 51:21 Md. R. 929 (10-18-24)

09.42.02.01—.10 • 51:21 Md. R. 932 (10-18-24)

09.42.03.01—.10 • 51:21 Md. R. 933 (10-18-24)

09.42.04.01—.12 • 51:21 Md. R. 937 (10-18-24)

09.42.05.01—.05 • 52:1 Md. R. 28 (1-10-25)

 

10 MARYLAND DEPARTMENT OF HEALTH

 

Subtitles 01—08 (1st volume)

 

10.05.02.01—.15 • 52:10 Md. R. 446 (5-16-25)

10.07.01.24 • 52:11 Md. R. 545 (5-30-2025)

 

Subtitle 09 (2nd volume)

 

10.09.02.07 • 52:5 Md. R. 241 (3-7-25) (ibr)

10.09.05.01—.05,.07,.10 • 52:9 Md. R407  (5-02-25) (ibr)

10.09.06.09 • 52:9 Md. R 409 (5-02-25)

10.09.07.08 • 52:7 Md. R. 333 (4-4-2025)

10.09.11.11 • 52:3 Md. R. 162 (2-7-25)

10.09.12.01,.04—.06 • 52:3 Md. R. 164 (2-7-25)

10.09.24.02,.07,.12 • 52:3 Md. R. 162 (2-7-25)

10.09.27.06 • 52:9 Md. R 410 (5-02-25)

10.09.28.04,.06 • 52:12 Md. R. 603 (6-13-25)

10.09.33.09 • 52:9 Md. R 411 (5-02-25)

10.09.37.03 52:5 Md. R. 242 (3-7-25)

10.09.43.10,.13 • 52:3 Md. R. 164 (2-7-25)

10.09.48.08 • 52:7 Md. R. 333 (4-4-2025)

10.09.53.04,.05 • 51:4 Md. R. 206 (2-23-24)

10.09.53.07 • 52:12 Md. R. 605 (6-13-25)

10.09.54.04, .22 • 52:12 Md. R. 606 (6-13-25)

10.09.76 .04,.05 52:5 Md. R. 243 (3-7-25)

10.09.80.08 • 52:12 Md. R. 607 (6-13-25)

10.09.92.04,.05 • 51:1 Md. R. 38 (1-12-24)

 

Subtitles 10—22 (3rd volume)

 

10.10.01.03 • 52:11 Md. R. 545  (5-30-2025)

10.10.02.01 • 52:11 Md. R. 545 (5-30-2025)

10.10.03.02—.04 • 52:11 Md. R. 545 (5-30-2025)

10.10.04.01,.02 • 52:11 Md. R. 545 (5-30-2025)

10.10.05.02,.04,.05 • 52:11 Md. R. 545 (5-30-2025)

10.10.06.02,.07,.08,.12,.13 • 52:11 Md. R.  (5-30-2025)

10.10.07.07 • 52:11 Md. R. 545 (5-30-2025)

10.10.08.02 • 52:11 Md. R. 545 (5-30-2025)

10.10.12.02,.04,.07 • 52:11 Md. R. 545 (5-30-2025)

10.21.12.01—03, .05, .06, .08—10, .12, .14 • 52:11 Md. R. 550 (5-30-2025)

10.21.13.01—.08, .10,.12 • 52:11 Md. R. 550 (5-30-2025)

 

Subtitles 23—36 (4th volume)

 

10.25.07.02,.09—.12 • 51:24 Md. R. 1086 (12-2-24)

10.27.01.13 • 52:11 Md. R. 554 (5-30-2025)

10.27.02.01 • 52:12 Md. R. 609 (6-13-25)

10.27.05.07 • 52:12 Md. R. 609(6-13-25)

10.27.11.01 • 52:11 Md. R. 555 (5-30-2025)

10.27.13.01—.03 • 52:11 Md. R. 555 (5-30-2025)

10.27.18.01,.02 • 52:12 Md. R. 609 (6-13-25)

10.27.26.02 • 52:12 Md. R. 609 (6-13-25)

10.28.05.03 52:7 Md. R. 334 (4-4-2025)

10.28.07.02 52:7 Md. R. 334 (4-4-2025)

10.28.08.01—.04 52:7 Md. R. 334 (4-4-2025)

10.28.11.04 52:7 Md. R. 334 (4-4-2025)

10.28.12.02 52:7 Md. R. 334 (4-4-2025)

10.30.01.01,.02,.03—.05, .07—.09,.11 • 52:12 Md. R. 616 (6-13-25)

10.30.02.02—.07 • 52:12 Md. R. 616 (6-13-25)

10.30.03 .02,.03 • 52:12 Md. R. 616 (6-13-25)

10.30.04.02, .03 • 52:12 Md. R. 616 (6-13-25)

10.32.05.02—.06 • 52:11 Md. R. 563 (5-30-2025)

10.32.06.02, .04, .06, .07,.09—13 52:14 Md. R 716 (7-11-25)

10.32.14.01—.09 • 52:12 Md. R. 621 (6-13-25)

10.32.24.01—.15 • 52:13 Md. R. 661 (6-27-25) (ibr)

10.32.25.01—.06 • 52:13 Md. R. 670 (6-27-25)

10.34.04.01,.03,.06—.09, .10 • 52:14 Md. R 719 (7-11-25)

10.34.07.01-1 • 52:14 Md. R 720 (7-11-25)

10.34.43.01—.03 • 52:13 Md. R. 672 (6-27-25)

 

 

Subtitles 37—52 (5th volume)

 

10.37.01.03 • 51:17 Md. R. 779 (8-23-24)

10.38.07.02 • 52:11 Md. R. 565 (5-30-2025)

10.38.08.05 • 52:11 Md. R. 565 (5-30-2025)

10.39.06 .01—.15 • 52:10 Md. R. 555 (5-30-2025)

10.39.07.01 • 52:11 Md. R. 555 (5-30-2025)

10.42.01.02, .04, .11• 52:5 Md. R. 245 (3-7-25)

10.42.02.0252:14 Md. R 720 (7-11-25)

10.44.34.01—.04 • 52:12 Md. R. 623 (6-13-25)

10.46.05.01• 52:13 Md. R. 673 (6-27-25)

10.50.01.03,.04,.07,.10,.11• 52:13 Md. R. 674 (6-27-25) (ibr)

 

 

Subtitles 53—69 (6th volume)

 

10.53.09.04 • 52:13 Md. R. 678 (6-27-25)

10.56.01.02—.04, .06, .08,.09, .09—.12 • 52:11 Md. R. 566 (5-30-2025)

10.57.02,.02, .04, .05,.07 • 52:13 Md. R. 678 (6-27-25)

10.57.03.03, .05, .08, .09, .10 • 52:13 Md. R. 678 (6-27-25) 10.57.05.04 • 52:13 Md. R. 678 (6-27-25)

10.57.07.02 • 52:13 Md. R. 678 (6-27-25)

 

10.58.01.04 • 52:12 Md. R. 624 (6-13-25)

10.58.08.06 • 52:12 Md. R. 624 (6-13-25)

10.63.01.01—.13 • 52:10 Md. R. 449 (5-16-25)

10.63.02.01—.14 • 52:10 Md. R. 449 (5-16-25)

10.63.06.01—.21 • 52:10 Md. R. 449 (5-16-25)

10.63.09.01—.10 • 52:10 Md. R. 449 (5-16-25)

10.65.01.06 • 52:11 Md. R. 568 (5-30-2025)

10.65.07.02 • 52:14 Md. R 721 (7-11-25)

10.65.12.01—.05 • 52:14 Md. R 721 (7-11-25)

10.67.01.01 52:3 Md. R. 166 (2-7-25)

10.67.06.13 52:3 Md. R. 166 (2-7-25)

10.69.01.01—.13 • 52:12 Md. R. 609 (6-13-25)

10.69.02.01—.06 • 52:12 Md. R. 609 (6-13-25)

10.69.03.01—.03 • 52:12 Md. R. 609 (6-13-25)

 

11 DEPARTMENT OF TRANSPORTATION

 

Subtitles 1—10

 

11.03.01.13 • 52:12 Md. R. 625 (6-13-25)

11.04.15.01—.04 • 52:11 Md. R. 568 (5-30-2025)

11.05.03.02,.03 • 52:13 Md. R. 680 (6-27-25)

11.11.05.02—.04, .06 • 52:13 Md. R. 682 (6-27-25)

 

Subtitles 11—23 (MVA)

 

11.13.13.01—.03 • 52:2 Md. R. 126 (1-24-25)(err)

11.14.01.01—.18 • 52:14 Md. R 723 (7-11-25)

11.14.02.01—.29 • 52:14 Md. R 723 (7-11-25)

11.14.03.01—.14 • 52:14 Md. R 723 (7-11-25)

11.14.04.01—.23 • 52:14 Md. R 723 (7-11-25)

11.14.05.01—.11 • 52:14 Md. R 723 (7-11-25)

11.14.06.01—.07 52:14 Md. R 723 (7-11-25)

 

 

13A STATE BOARD OF EDUCATION

 

13A.01.10.01—.04 • 52:13 Md. R. 686 (6-27-25)

13A.03.07.02—.04,.06 • 52:13 Md. R. 686 (6-27-25)

13A.03.08.01—.08 • 52:14 Md. R 783 (7-11-25)

13A.05.07.01—.05 • 52:13 Md. R. 687 (6-27-25)

13A.07.01,.01—.07,.09 • 52:8 Md. R.372 (4-18-25)(ibr)

13A.12.01.04 • 52:14 Md. R 785 (7-11-25)

13A.12.04.02 • 52:14 Md. R 785 (7-11-25)

13A.12.05.02 • 52:14 Md. R 785 (7-11-25)

13A.12.05.05 • 52:10 Md. R. 469 (5-16-25)

13A.12.06.01—.04, .08 .09 52:14 Md. R 786 (7-11-25)

13A.15.01.02 • 51:25 Md. R. 1154 (12-13-24)

13A.15.04.03 • 51:25 Md. R. 1154 (12-13-24)

13A.15.13.09 • 51:25 Md. R. 1154 (12-13-24)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.02.01.07 • 52:10 Md. R. 470 (5-16-25)

13B.08.03.02,.04,.09 • 52:11 Md. R. 569 (5-30-2025)

13B.08.20.02—.11, .13 • 52:13 Md. R. 688 (6-27-25)

13B.08.22.02 • 52:10 Md. R. 470 (5-16-25)

13B.08.23.07,.08 • 52:11 Md. R. 570 (5-30-2025)

 

14 INDEPENDENT AGENCIES

 

14.01.04.05 51:25 Md. R. 1140 (12-13-24)

14.11.01 • 52:11 Md. R. 571 (5-30-2025)

14.22.01.05 • 52:6 Md. R. 288 (3-21-25)

14.22.02.02 • 52:6 Md. R. 288 (3-21-25)

14.35.02.04 • 52:12 Md. R. 626 (6-13-25)

14.35.04.02,.04 • 52:12 Md. R. 626 (6-13-25)

14.35.05.02 • 52:12 Md. R. 626 (6-13-25)

14.35.08.01—.06 • 52:12 Md. R. 626 (6-13-25)

14.35.10.01 • 52:12 Md. R. 626 (6-13-25)

14.35.13.06 • 52:12 Md. R. 626 (6-13-25)

14.35.18.03,.04 • 51:17 Md. R. 789 (8-23-24)

(4-18-25)

14.35.21 .01—.07 52:14 Md. R 788 (7-11-25)

14.39.02.12 • 51:23 Md. R. 1046 (11-15-24)

14.39.04.05,.08 • 52:10 Md. R. 471 (5-16-25)

14.41.01.01— 16 • 52:10 Md. R. 472 (5-16-25)

 

15 MARYLAND DEPARTMENT OF AGRICULTURE

 

15.06.04.02—.07 • 52:10 Md. R. 476 (5-16-25)

 

17 DEPARTMENT OF BUDGET AND MANAGEMENT

 

17.04.11 .30 • 52:11 Md. R. 572 (5-30-2025)

 

20 PUBLIC SERVICE COMMISSION

 

20.31.01.02 • 52:6 Md. R. 290 (3-21-25)

20.31.03.04 • 52:6 Md. R. 290 (3-21-25)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

Subtitles 01—07 (Part 1)

 

26.04.01.01,.01-1,.20,.31 • 51:6 Md. R. 309 (3-22-24) (ibr)

 

Subtitles 08—12 (Part 2)

 

26.11.09.01,.07 • 52:12 Md. R. 627 (6-13-25)

26.12.01.01 • 52:11 Md. R. 573 (5-30-2025) (ibr)

 

Subtitles 13—18 (Part 3)

 

26.13.01.03—.05 • 52:10 Md. R. 478 (5-16-25)

26.13.02.01, .04, .04-1, .04-7, .05, .06, .07, .07-1, .11, .13, .16, .19,.23 • 52:10 Md. R. 478 (5-16-25)

26.13.03.01,.01-1,.02,.03-3,.03-4,.03-5,.03-7,.05,.05-4,.06 • 52:10 Md. R. 478 (5-16-25)

26.13.04.01 • 52:10 Md. R. 478 (5-16-25)

26.13.05.01, .04, .05,.14 • 52:10 Md. R. 478 (5-16-25)

26.13.06.01, .02, .05, .22 • 52:10 Md. R. 478 (5-16-25)

26.13.07.01, .02, .02-6, ,17, .20,.20-1—.20-6 • 52:10 Md. R. 478 (5-16-25)

26.13.09.01 • 52:10 Md. R. 478 (5-16-25)

26.13.10.01, .04, .06, .08, .09-1,.14, .16-1, .17, .19, .20, .25, .32—.49 • 52:10 Md. R. 478 (5-16-25)

26.13.11.01 • 52:10 Md. R. 478 (5-16-25)

 

29 MARYLAND STATE POLICE

 

29.06.01.02, .05—.09, .14 • 52:3 Md. R. 172(2-7-25) (ibr)

 

 

30 MARYLAND INSTITUTE FOR

EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.01.01.02 • 52:6 Md. R. 291 (3-21-25)

30.02.01.01 • 52:6 Md. R. 291 (3-21-25)

30.02.02.02—.09 • 52:6 Md. R. 291 (3-21-25)

30.07.01.01 • 52:12 Md. R. 630 (6-13-25)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.04.22.03, .08 52:5 Md. R. 248 (3-7-25)

31.10.51.03—.08 • 52:10 Md. R. 507 (5-16-25)

 

33 STATE BOARD OF ELECTIONS

 

33.05.01.04 • 52:13 Md. R. 690 (6-27-25)

33.07.11.01 • 52:13 Md. R. 690 (6-27-25)

33.10.01.30 • 52:13 Md. R. 690 (6-27-25)

33.11.01.05 • 52:13 Md. R. 690 (6-27-25)

33.11.03.06 • 52:13 Md. R. 690 (6-27-25)

33.12.04.07 • 52:13 Md. R. 690 (6-27-25)

33.13.06.01 • 52:14 Md. R 790 (7-11-25)

33.13.06.03 • 52:14 Md. R 790 (7-11-25)

33.13.06.05 • 52:14 Md. R 790 (7-11-25)

 

33.13.06.04 • 52:12 Md. R. 631 (6-13-25)

33.14.02.14 • 52:5 Md. R. 249 (3-7-25)

33.17.08.01—.10 • 52:13 Md. R. 690 (6-27-25)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.03.10.36 • 51:24 Md. R. 1118 (12-2-24)

36.10.13.39 • 51:24 Md. R. 1118 (12-2-24)

 

 

 

 

 

The Governor

EXECUTIVE ORDER 01.01.2025.15

 

Rescission of Executive Order 01.01.2025.14

(Declaration of a State of Preparedness – Extreme Heat Anticipated)

WHEREAS, I, Wes Moore, Governor of the State of Maryland, issued Executive Order 01.01.2025.14 (Declaration of a State of Preparedness – Extreme Heat Anticipated) on Monday, June 23, 2025, due to the impending threat of prolonged extreme heat across the State of Maryland; and

 

WHEREAS, Having been advised and informed by the Maryland Department of Emergency Management and the Maryland Department of Health that the threat of prolonged extreme heat no longer exists as of Tuesday, July 1, 2025, and the related risks to Maryland residents have diminished;

 

NOW, THEREFORE, I WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND: HEREBY PROCLAIM THAT THE STATE OF EMERGENCY IS TERMINATED AND I HEREBY RESCIND EXECUTIVE ORDER 01.01.2025.14, EFFECTIVE IMMEDIATELY.

 

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 1st Day of July 2025.

WES MOORE

Governor

ATTEST:

SUSAN C. LEE

Secretary of State

 

 

[25-14-03]The Judiciary

SUPREME COURT OF MARYLAND

DISCIPLINARY PROCEEDINGS

 

 This is to certify that by an Order of this Court dated June 27, 2025, SUSAN ENGONWEI TINGWEI (CPF# 2001220073) As of June 27, 2025, Susan Engonwei Tingwei has been disbarred by consent, effective immediately, and her name has been stricken from the register of attorneys in this Court. Notice of this action is given in accordance with Maryland Rule 19-761(b).

 

*    *   *   *   *   *   *   *   *   *

 

 

[25-14-08]

 

Final Action on Regulations

 

Symbol Key

   Roman type indicates text already existing at the time of the proposed action.

   Italic type indicates new text added at the time of proposed action.

   Single underline, italic indicates new text added at the time of final action.

   Single underline, roman indicates existing text added at the time of final action.

   [[Double brackets]] indicate text deleted at the time of final action.

 

 

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 09 MARYLAND BOARD OF ELECTRICIANS

09.09.02 Continuing Education

Authority: Business Occupations and Professions Article, §§6-205(a)(3) and (b)(1), Annotated Code of Maryland

Notice of Final Action

[25-047-F]

On May 27, 2025, the Maryland Board of Electricians adopted amendments to Regulation .02 under COMAR 09.09.02 Continuing Education. This action, which was proposed for adoption in 52:7 Md. R. 328—329 (April 4, 2025), has been adopted as proposed.

Effective Date: July 21, 2025.

CHET BROWN
Chair, Board of Electricians

Subtitle 37 WORKFORCE DEVELOPMENT AND ADULT LEARNING

09.37.01 Alternate Ways to Earn a High School Diploma

Authority: Labor and Employment Article, §§11-807 and 11-808, Annotated Code of Maryland

Notice of Final Action

[25-041-F]

On June 10, 2025, the Maryland Department of Labor and the Maryland State Board of Education adopted amendments to Regulations .01—.19 under COMAR 09.37.01 Alternate Ways to Earn a High School Diploma. This action, which was proposed for adoption in 52:7 Md. R. 330—332 (April 4, 2025), has been adopted as proposed.

Effective Date: July 21, 2025.

PORTIA WU
Secretary of Labor

 

Subtitle 30 HOUSEHOLD GOODS MOVERS

09.30.01 General Regulations

Authority: Business Regulation Article, §§8.5-103, 8.5-104, 8.5-105.1, 8.5-105, 8.5-106, and 8.5-107, Annotated Code of Maryland

Notice of Final Action

[25-051-F]

On July 1, 2025, the Department of Labor adopted new Regulations .01—.10 under a new chapter, COMAR 09.30.01 General Regulations under a new subtitle, Subtitle 30 Household Goods Movers. This action, which was proposed for adoption in 52:8 Md. R. 371—372 (April 18, 2025), has been adopted as proposed.

Effective Date: July 21, 2025.

TODD BLACKISTONE
Executive Director

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.24 Medical Assistance Eligibility

Authority: Estates and Trusts Article, §14.5-1002; Health-General Article, §§2-104(b), 2-105(b), 15-103, 15-105, 15-121, and 15-401—15-407; Annotated Code of Maryland

Notice of Final Action

[25-013-F]

On June 23, 2025, the Secretary of Health adopted amendments to Regulation .03-1 under COMAR 10.09.24 Medical Assistance Eligibility. This action, which was proposed for adoption in 52:5 Md. R. 242 (March 7, 2025), has been adopted as proposed.

Effective Date: July 21, 2025.

MEENA SESHAMANI, MD, PHD
Secretary of Health

10.09.35 Hospice Care

Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland

Notice of Final Action

[25-032-F]

On June 23, 2025, the Secretary of Health adopted amendments to Regulation .08 under COMAR 10.09.35 Hospice Care. This action, which was proposed for adoption in 52:6 Md. R. 278—279 (March 21, 2025), has been adopted as proposed.

Effective Date: July 21, 2025.

MEENA SESHAMANI, MD, PHD
Secretary of Health

 

10.09.36 General Medical Assistance Provider Participation Criteria

Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland

Notice of Final Action

[25-023-F]

On June 23, 2025, the Secretary of Health adopted amendments to Regulations .01, .03, .04, and .08 under COMAR 10.09.36 General Medical Assistance Provider Participation Criteria. This action, which was proposed for adoption in 52:6 Md. R. 279—280 (March 21, 2025), has been adopted as proposed.

Effective Date: July 21, 2025.

MEENA SESHAMANI, MD, PHD
Secretary of Health

10.09.44 Programs of All-Inclusive Care for the Elderly (PACE)

Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland

Notice of Final Action

[25-025-F]

On June 23, 2025, the Secretary of Health adopted amendments to  Regulations .01, .03—.09, .11, .12, .15, .16, .18, and .20—.24 under COMAR 10.09.44 Programs of All-Inclusive Care for the Elderly (PACE). This action, which was proposed for adoption in 52:6 Md. R. 280—285 (March 21, 2025), has been adopted as proposed.

Effective Date: July 21, 2025.

MEENA SESHAMANI, MD, PHD

Secretary of Health

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 04 STATE HIGHWAY ADMINISTRATION

11.04.17 Heavy Weight Port Corridor Permit

Authority: Transportation Article,§§2-103(b), 4-204, -205(f), 8-202, 8-204(b)—(d) and (i), 24-109, 24-112, 24-113, and 24.113.3, Annotated Code of Maryland

Notice of Final Action

[25-052-F]

On June 25, 2025, the State Highway Administration adopted amendments to Regulation .04 under COMAR 11.04.17 Heavy Weight Port Corridor Permit. This action, which was proposed for adoption in 52:9 Md. R. 412 (May 2, 2025), has been adopted as proposed.

Effective Date: July 21, 2025.

WILL PINE
Administrator

Title 13A
STATE BOARD OF EDUCATION

Subtitle 07 SCHOOL PERSONNEL

13A.07.06 Programs for Professionally Certified Personnel

Authority: Education Article, §§1-303(2)(ii) and (iii), 2-205, 6-120, 6-121,
6-126, 6-704, and 11-208, Annotated Code of Maryland

Notice of Final Action

[25-035-F-I]

On June 24, 2025, the State Board of Education adopted amendments to Regulation .03 under COMAR 13A.07.06 Programs for Professionally Licensed Personnel. This action, which was proposed for adoption in 52:8 Md. R. 376—377 (April 18, 2025), has been adopted as proposed.

Effective Date: July 21, 2025.

CAREY M. WRIGHT, ED.D.
State Superintendent of Schools

Title 14
INDEPENDENT AGENCIES

Subtitle 30 PUBLIC EMPLOYEE RELATIONS BOARD

14.30.13 Collective Bargaining

Authority: State Government Article, §§22-306(e)—205(e), Annotated Code of Maryland

Notice of Final Action

[25-053-F]

On June 20, 2025, the Public Employee Relations Board adopted amendments to Regulations .01 under COMAR 14.30.13 Collective Bargaining.  This action, which was proposed for adoption in 52:8 Md. R. 377 (April 18, 2025), has been adopted as proposed.

Effective Date: July 21, 2025.

ERICA SNIPES

Executive Director

Title 22
STATE RETIREMENT AND PENSION SYSTEM

Subtitle 01 GENERAL REGULATIONS

Notice of Final Action

[25-057-F]

On June 17, 2025, the Board of Trustees for the Maryland State Retirement and Pension System adopted:

(1) Amendments to Regulation .02 under COMAR 22.01.05 Proof of Date of Birth; and

(2) Amendments to Regulations  .01 and .02, new Regulation .03, amendments to and the recodification of existing Regulation .03 to be Regulation .04 and the recodification of existing Regulation .04 to be Regulation .05 under COMAR 22.01.12 Enrollment in the State System.

This action, which was proposed for adoption in 52:9 Md. R. 414—415 (May 2, 2025), has been adopted as proposed.

Effective Date: July 21, 2025.

MARTIN NOVEN

Executive Director

  Title 30
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

Subtitle 08 DESIGNATION OF TRAUMA AND SPECIALTY REFERRAL CENTERS

Notice of Final Action

[25-048-F]

On June 10, 2025, the State Emergency Medical Services Board adopted amendments to:

(1) Regulation .03 under COMAR 30.08.05 Trauma Center Designation and Verification Standards;

(2) Regulation .01 under COMAR 30.08.06 Adult and Pediatric Burn Center Standards;

(3) Regulation .02 under COMAR 30.08.08 Pediatric Trauma Center Standards;

(4) Regulation .01 under COMAR 30.08.10 Neurotrauma Center Standards;

(5) Regulation .01 under COMAR 30.08.11 Designated Primary Stroke Center Standards;

(6) Regulation .03 under COMAR 30.08.12 Perinatal and Neonatal Referral Center Standards;

(7) Regulation .02 under COMAR 30.08.14 Hand and Upper Extremity Trauma Center Standards; and

(8) Regulation .01 under COMAR 30.08.18 Designated Acute Stroke Ready Center.

This action, which was proposed for adoption in 52:8 Md. R. 385—387 (April 18, 2025), has been adopted as proposed.

Effective Date: July 21, 2025.

THEODORE R. DELBRIDGE, MD, MPH
Executive Director

 

Proposed Action on Regulations


Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 18 BOATING—SPEED LIMITS AND OPERATION OF VESSELS

08.18.01 General

Authority: Natural Resources Article, §8-704, Annotated Code of Maryland

Notice of Proposed Action

[25-060-P]

The Secretary of Natural Resources proposes to amend Regulation .08 under COMAR 08.18.01 Boating—Speed Limits and Operation of Vessels.

Statement of Purpose

The purpose of this action is to update the section of the Patapsco River designated as Class III white water. The current section described in regulation is from Woodstock (Md. Rte. 125) to Glen Artney (Patapsco State Park—Old Dam). The reference to an “old dam” in Glen Artney is not completely clear; additionally, all of the Patapsco River dams have been removed, except for Daniels Dam, which is much further upstream than Glen Artney. After review of the area, a physical landmark was chosen as the endpoint to make it easy for users to understand. The proposed action designates Gun Road as the new endpoint. Gun Road crosses the river and is an easy landmark. Updating the endpoint of the Class III section of the Patapsco River will properly apprise paddlers of potential dangers.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to White Water Regulation, Regulatory Staff, Maryland Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue  E-4, Annapolis, MD 21401, or call 410-260-8300, or email to [email protected] or complete the comment form at dnr.maryland.gov/boating/Pages/regulations/changes_boating.aspx#wwss. Comments will be accepted through August 11, 2025. A public hearing has not been scheduled.

.08 Boating on White Water Portions of Designated Stream Segments.

A.—C. (text unchanged)

D. The Department of Natural Resources is designating the following stream segments for purposes of this boating safety regulation only, and intends no determination whether there is any right of public access to, navigation along, landing along, or egress from, any of these designated stream segments. This regulation does not apply to the use of vessels on non-white water portions of designated stream segments for any purpose other than access to white water. The designated stream segments are:

(1) Class III—stream segments:

(a)—(g) (text unchanged)

(h) Patapsco River—Woodstock (Md. Rte. 125) to [Glen Artney (Patapsco State Park—Old Dam)] Gun Road;

(i)—(m) (text unchanged)

(2)—(4) (text unchanged)

E.—F. (text unchanged)

 

JOSH KURTZ
Secretary of Natural Resources

 

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 32 BOARD OF PHYSICIANS

10.32.06 Licensure of Polysomnographic Technologists

Authority: Health Occupations Article, §§1-213, 1-221, 1-606, 14-205, and 14-5C-01—14-5C-23, Annotated Code of Maryland

Notice of Proposed Action

[25-123-P]

The Secretary of Health proposes to amend Regulations .02, .04, .06, .07, and .09—13 under COMAR 10.32.06 Licensure of Polysomnographic Technologists.  This action was considered at public meetings on December 4, 2019 and January 29, 2020,  notice of which was given by publication on the Board’s Website at https://www.mbp.state.md.us from November 15, 2019 through December 4, 2019 and January 13, 2020 through January 29, 2020 respectively pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.  

Statement of Purpose

The purpose of this proposed action is to update existing regulations for clarity, consistency with other Board regulations, and to reflect statutory changes pursuant to 2017 sunset legislation: Chapter 218:  “State Board of Physicians and Allied Health Advisory Committees—Sunset Extension and Program Evaluation.”

Specifically, the proposal includes but is not limited to:

(1) Restructuring of COMAR 10.32.06.04 to clarify the pathways to licensure.  A definition of the phrase “enrolled in a sleep technologist program” has been added to support the proposed revisions to Regulation .04;

(2) Adding a statement to Regulation .09 about non-refundable fees for consistency with other Board regulations;

(3) Removing duplicative language from Regulation .11 regarding reporting requirements;

(4) Changing the “Board” to a “disciplinary panel” in Regulations .10, .12, and .13 pursuant to 2017 sunset legislation;

(5) Renaming Regulation .12 to reflect all topics covered;

(6) Revising certain section titles under Regulation .12; and

(7) Other revisions or technical corrections as needed.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jordan Fisher Blotter, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or email to [email protected]. Comments will be accepted through August 11, 2025. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(8) (text unchanged)

(9) “Enrolled in a sleep technologist educational program” means that a student has started the Accredited Sleep Technology Program self-study online modules developed by the American Academy of Sleep Medicine but has not completed the final self-study module.

[(9)] (10) "General supervision" means supervision by a licensed physician who is available to give immediately available direction, either in person, by telephone, or by electronic means.

[(10)] (11)—[(15)] (16) (text unchanged)

[(16)] (17) "Practice polysomnography" means:

(a) (text unchanged)

(b) Using the data collected under [§B(15)(a)] §B(17)(a) of this regulation for the purposes of assisting a licensed physician in the diagnosis and treatment of sleep and wake disorders.

[(17)] (18)—[(19)] (20) (text unchanged)

.04 Application for Initial Licensure as a Polysomnographic Technologist.

A. An applicant shall:

(1)—(6) (text unchanged)

[(7) Provide documentation of one of the following:

(a) For those candidates applying for a license on or before September 30, 2013:

(i) Passing the national certifying examination of the Board of Registered Polysomnographic Technologists on or before September 30, 2013; and

(ii) Certification by the Board of Registered Polysomnographic Technologists as a registered polysomnographic technologist at the time of application;

(b) Graduation from a polysomnographic educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs;

(c) Both of the following:

(i) Graduation from a respiratory care educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs; and

(ii) Completion of the Committee on Accreditation for Respiratory Care’s curriculum for a polysomnography certificate that is accredited by the Commission on Accreditation of Allied Health Education Programs;

(d) Both of the following:

(i) Graduation from an electroneurodiagnostic technology educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs; and

(ii) Completion of an add-on track in polysomnography for electroneurodiagnostic technologists that is accredited by the Commission on Accreditation of Allied Health Education Programs; or

(e) Each of the following:

(i) Graduation from a sleep technologist educational program accredited by the American Academy of Sleep Medicine;

(ii) Proof of meeting core competencies in the 3 years preceding the application as assessed by a sleep technologist credentialed as a Registered Polysomnographic Technologist, a sleep technologist with national certification approved by the Board, or a physician who is either board-eligible or board-certified in sleep medicine by the American Board of Sleep Medicine, American Board of Medical Specialties, or American Osteopathic Association;

(iii) A letter of attestation for completion of clinical hours and competencies from a physician who is either board-eligible or board-certified in sleep medicine by the American Board of Sleep Medicine, American Board of Medical Specialties, or American Osteopathic Association where the applicant practiced; and

(iv) The requirements listed in §B of this regulation; and

(8) Provide documentation of licensure, certification, or registration from all states where the applicant has ever held a license, certificate, or registration in any health profession.

B. If an applicant satisfies the requirements of §A(7) of this regulation by completing the requirements of §A(7)(e) of this regulation, the applicant shall provide proof of completion of a minimum of 546 hours of clinical experience in the 3 years preceding licensure application as either:

(1) A student supervised by a sleep technologist credentialed as a Registered Polysomnographic Technologist or a sleep technologist with national certification approved by the Board at an American Academy of Sleep Medicine accredited sleep laboratory or sleep laboratory accredited by The Joint Commission; or

(2) A sleep technologist with a current, active, unrestricted license in another state or is otherwise recognized and has practiced as a sleep technologist in another state who has:

(a) Full-time practice experience as a sleep technologist in another state at an American Academy of Sleep Medicine accredited sleep laboratory or sleep laboratory accredited by The Joint Commission for a minimum of 6 months in the 3 years preceding the application; and

(b) Maintained an average of 10 continuing education units per year for the last 2 years.]

(7) Provide documentation of licensure, certification, or registration from all states where the applicant has ever held a license, certificate, or registration in any health profession; and

(8) Meet the requirements of §B of this regulation.

B. An applicant shall meet the requirements of one of the following pathways to licensure:

(1) Graduation from a polysomnographic educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs;

(2) In regard to a respiratory care educational program:

(a) Graduation from a respiratory care educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs; and

(b) Completion of the Committee on Accreditation for Respiratory Care’s curriculum for a polysomnography certificate that is accredited by the Commission on Accreditation of Allied Health Education Programs;

(3) In regard to an electroneurodiagnostic technology educational program:

(a) Graduation from an electroneurodiagnostic technology educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs; and

(b) Completion of an add-on track in polysomnography for electroneurodiagnostic technologists that is accredited by the Commission on Accreditation of Allied Health Education Programs; or

(4) In regard to a sleep technologist educational program, completion of the requirements of §C of this regulation.

C.  An applicant who has graduated from a sleep technologist education program accredited by the American Academy of Sleep Medicine shall:

(1) Provide proof of meeting core competencies in the 3 years preceding the date of the submission of the licensure application as assessed by a sleep technologist credentialed as a Registered Polysomnographic Technologist, a sleep technologist with national certification approved by the Board, or a physician who is either board-eligible or board-certified in sleep medicine by the American Board of Sleep Medicine, American Board of Medical Specialties, or American Osteopathic Association;

(2) Provide a letter of attestation for completion of clinical hours and competencies from a physician who is either board-eligible or board-certified in sleep medicine by the American Board of Sleep Medicine, American Board of Medical Specialties, or American Osteopathic Association where the applicant practiced; and

(3) Provide proof of completion of a minimum of 546 hours of clinical experience in the 3 years preceding the date of the submission of the licensure application as either:

(a) A student enrolled in a sleep technologist educational program supervised at a sleep laboratory accredited by the American Academy of Sleep Medicine or The Joint Commission by:

(i) A sleep technologist credentialed as a Registered Polysomnographic Technologist;

(ii) A sleep technologist with national certification approved by the Board; or

(iii) A licensed physician who is either board-eligible or board-certified in sleep medicine by the American Board of Sleep Medicine, American Board of Medical Specialties, or American Osteopathic Association; or

(b) A sleep technologist with a current, active, unrestricted license in another state or is otherwise recognized and has practiced as a sleep technologist in another state who has:

(i) Full-time practice experience as a sleep technologist in another state at a sleep laboratory accredited by the American Academy of Sleep Medicine or The Joint Commission for a minimum of 6 months in the 3 years preceding the date of the submission of the licensure application; and

(ii) Completed at least 30 hours of approved continuing education in the 3 years preceding the date of the submission of the licensure application.

.06 Identification as Polysomnographic Technologist; Notice of Name or Address Change.

A. A licensed polysomnographic technologist shall wear an identification tag or a badge [which identifies that individual as] displaying in readily visible type that the individual is a licensed polysomnographic technologist.

B. An individual may not identify himself or herself as a polysomnographic technologist unless the individual is licensed by the Board.

[B.] C. (text unchanged)

.07 Renewal and Reinstatement.

A. Renewal.

(1) The Board may not renew a license until the Comptroller of Maryland has verified that the individual has paid all undisputed taxes and unemployment insurance contributions, or arranged for [repayment, as required by COMAR 10.31.02.] repayment.

(2) An individual who has been licensed by the Board as a polysomnographic technologist may renew the license on or before the date specified by the Board by:

(a)—(b) (text unchanged)

(c) Attesting to the completion of at least 20 hours of approved continuing education, earned during the 2-year period preceding the expiration of the license, as specified in Regulation .08 of this chapter; and

(d) (text unchanged)

B. (text unchanged)

.09 Fees.

A. The following fees are applicable to polysomnographic technologists:

[A. Initial license fees:

(1) Initial licensure application fee — $200; and

(2) Maryland Health Care Commission (MHCC) fee — As determined by MHCC under COMAR 10.25.03;

B. License renewal fees:

(1) License renewal fee — $150; and

(2) Maryland Health Care Commission (MHCC) fee — As determined by MHCC under COMAR 10.25.03;

C. Reinstatement fees:

(1) Reinstatement fee — $200; and

(2) Maryland Health Care Commission (MHCC) fee — As determined by MHCC under COMAR 10.25.03;

D. Written verification of licensure fee — $25;

E. Replacement of registration card — $25; and

F. Replacement of wall license — $75.]

(1) Initial licensure application fee — $200;

(2) License renewal fees:

(a) License renewal fee — $150; and

(b) Maryland Health Care Commission (MHCC) fee — As determined by MHCC in accordance with COMAR 10.25.02;

(3) Reinstatement fee — $200; and

(4) Written verification of licensure fee — $25.

B.  Fees paid to the Board are non-refundable.

.10 Prohibited Conduct.

A. Subject to the hearing provisions of Health Occupations Article, §14-405, Annotated Code of Maryland, and in accordance with COMAR 10.32.02, [the Board] a disciplinary panel may deny a license to any applicant, reprimand any licensee, place any licensee on probation, or suspend or revoke a license if the applicant or licensee:

(1)—(28) (text unchanged)

B. Crimes of Moral Turpitude.

(1) Proceedings for crimes of moral turpitude under Health Occupations Article, §14-5C-17(c), Annotated Code of Maryland, shall be held in accordance with COMAR [10.32.02.04] 10.32.02.07.

(2) On the filing of certified docket entries with the Board by the Office of the Attorney General, [the Board] a disciplinary panel shall order the suspension of a license if the licensee is convicted of, or pleads guilty or nolo contendere with respect to, a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.

(3) After completion of the appellate process, if the conviction has not been reversed or the plea has not been set aside with respect to a crime involving moral turpitude, the [Board] disciplinary panel shall order the revocation of a license on the certification by the Office of the Attorney General.

.11 Required Reports.

[A. Except as provided in §B, C, or F of this regulation, hospitals, related institutions, alternative health systems as defined in Health Occupations Article, §1-401, Annotated Code of Maryland, and employers shall file with the Board a report that the hospital, related institution, alternative health system, or employer limited, reduced, otherwise changed, or terminated any licensed polysomnographic technologist for any reason that might be grounds for disciplinary action under Health Occupations Article, §14-5C-17, Annotated Code of Maryland, or any regulation in this chapter.

B. If the action taken by a hospital, related institution, alternative health system, or employer under §A of this regulation relates to alcohol or drug impairment, the hospital, related institution, alternative health system, or employer is not required to report the polysomnographic technologist to the Board if:

(1) The hospital, related institution, alternative health system, or employer knows that the licensed polysomnographic technologist is:

(a) In an alcohol or drug treatment program that is accredited by the Joint Commission on the Accreditation of Health Care Organizations or is certified by the Department; or

(b) Under the care of a health care practitioner who is competent and capable of dealing with alcoholism and drug abuse;

(2) The hospital, related institution, alternative health system, or employer is able to verify that the licensed polysomnographic technologist remains in the treatment program until discharge; and

(3) The action or condition of the licensed polysomnographic technologist has not caused injury to an individual while the technologist is practicing as a licensed polysomnographic technologist.

C. If a licensed polysomnographic technologist enters, or is considering entering, an alcohol or drug treatment program that is accredited by the Joint Commission on Accreditation of Health Care Organizations or that is certified by the Department, the licensed polysomnographic technologist shall notify the hospital, related institution, alternative health system, or employer of the licensed polysomnographic technologist's decision to enter the treatment program.

D. If the licensed polysomnographic technologist fails to provide the notice required under §C of this regulation, and the hospital, related institution, alternative health system, or employer learns that the licensed polysomnographic technologist has entered a treatment program, the hospital, related institution, alternative health system, or employer shall report to the Board that the licensed polysomnographic technologist has entered a treatment program and has failed to provide the required notice.

E. Noncompliance.

(1) If the licensed polysomnographic technologist is found to be noncompliant with the treatment program's policies and procedures while in the treatment program, the treatment program shall notify the hospital, related institution, alternative health system, or employer of the licensed polysomnographic technologist's noncompliance.

(2) On receipt of the notification required under §E(1) of this regulation, the hospital, related institution, alternative health system, or employer of the licensed polysomnographic technologist shall report the licensed polysomnographic technologist's noncompliance to the Board.

F. A individual is not required under this regulation to make any report that would be in violation of any federal or state law, rule, or regulation concerning the confidentiality of alcohol and drug abuse patient records.

G. The hospital, related institution, alternative health system, or employer shall submit a required report within 10 days of any action described in this regulation.

H. A report made under this regulation is not subject to subpoena or discovery in a civil action other than a proceeding arising out of a hearing and decision of the Board under Health Occupations Article, Title 14, Annotated Code of Maryland.]

A reporting entity, as defined in COMAR 10.32.22.02, shall file all required reports in accordance with Health Occupations Article, §14-5C-18, Annotated Code of Maryland, and COMAR 10.32.22.

.12 [Penalties.]  Penalties, Fines, and Sanctions.

A. (text unchanged)

B. An individual who violates any provision of Health Occupations Article, Title 14, Subtitle 5C, Annotated Code of Maryland, or any regulation in this chapter, is subject to a civil fine of not more than $5,000 to be levied by the Board or a disciplinary panel.

C. (text unchanged)

D. Employment of an Unlicensed Polysomnography Practitioner.

(1) A person who violates Health Occupations Article, §14-5C-22.1, Annotated Code of Maryland, is subject to a civil fine of not more than $5,000 to be levied by the Board.

(2) (text unchanged)

E. [Failure to Make a Required Report.

(1) The Board may impose a fine up to $1,000 for a hospital, related institution, alternative health system, or employer who fails to make a report to the Board required by Regulation .11 of this chapter.

(2) The Board shall deposit any funds collected under §E(1) of this regulation into the State’s General Fund.] The Board may impose a fine up to $1,000 for a reporting entity, as defined in COMAR 10.32.22.02, that fails to make a report to the Board required by COMAR 10.32.22.

F. General Application of Sanctioning Guidelines.

(1) Sections F and G of this regulation and Regulation [.16A and B] .13 of this chapter do not apply to offenses for which a mandatory sanction is set by statute or regulation.

(2) Except as provided in §G of this regulation, for violations of the sections of the Maryland Polysomnography Act listed in the sanctioning guidelines, [the Board] a disciplinary panel shall impose a sanction not less severe than the minimum listed in the sanctioning guidelines nor more severe than the maximum listed in the sanctioning guidelines for each offense.

(3) (text unchanged)

(4) The [Board] disciplinary panel may impose more than one sanction, provided that the most severe sanction neither exceeds the maximum nor is less than the minimum sanction permitted in the chart.

(5) (text unchanged)

(6) If a licensee has violated more than one ground for discipline as set out in the sanctioning guidelines:

(a) (text unchanged)

(b) The [Board] disciplinary panel may impose concurrent sanctions based on other grounds violated.

(7) Notwithstanding the sanctioning guidelines set forth in Regulation .13 of this chapter, in order to resolve a pending disciplinary action, the [Board] disciplinary panel and the licensee may agree to a surrender of license or a consent order with terms and sanction agreed to by the [Board] disciplinary panel, the administrative prosecutor, and the licensee.

(8) Depending on the facts and circumstances of each case, and to the extent that the facts and circumstances apply, the [Board] disciplinary panel may consider the aggravating and mitigating factors set out in §G(4) and (5) of this regulation and may in its discretion determine, based on those factors, that an exception should be made and that the sanction in a particular case should fall outside the range of sanctions listed in the sanctioning guidelines.

(9) If the [Board] disciplinary panel imposes a sanction that departs from the sanctioning guidelines as set forth in Regulation .13 of this chapter, the [Board] disciplinary panel shall state its reasons for doing so in its final decision and order.

G. Aggravating and Mitigating Factors.

(1) Depending on the facts and circumstances of each case, and to the extent that the facts and circumstances apply, the [Board] disciplinary panel may consider the aggravating and mitigating factors set out in [§H(4) and (5)] §G(4)—(5) of this regulation and may in its discretion determine, based on those factors, that an exception should be made and that the sanction in a particular case should fall outside the range of sanctions listed in the sanctioning guidelines.

(2) Nothing in this regulation requires the [Board] disciplinary panel or an Administrative Law Judge to make findings of fact with respect to any of these factors.

(3) The existence of one or more of these factors does not impose on the [Board] disciplinary panel or an Administrative Law Judge any requirement to articulate its reasoning for not exercising its discretion to impose a sanction outside of the range of sanctions set out in the sanctioning guidelines.

(4)—(5) (text unchanged)

(6) A departure from the sanctioning guidelines set forth in Regulation .13 of this chapter is not a ground for any hearing or appeal of a [Board] disciplinary panel action.

H. Offenses Related to [Continuing Medical Education Credits.] Continuing Education Requirements.

(1) If a licensee has submitted an application claiming the completion of continuing [medical] education credits and the licensee fails to document the completion of such continuing [medical] education credits when audited by the Board, the licensee may be charged under one or more of the following, as appropriate:

(a)—(c) (text unchanged)

(2) Upon a finding of a violation, the [Board] disciplinary panel may impose any discipline authorized under Health Occupations Article, §14-5C-17, Annotated Code of Maryland, and the sanctioning guidelines.

I. Payment of Fines Imposed by the Board or a Disciplinary Panel.

(1) An individual shall pay to the Board any fine imposed [under] pursuant to this regulation within 15 calendar days of the date of the order, unless the order specifies otherwise.

(2) Filing an appeal under State Government Article, §10-222, Annotated Code of Maryland, does not stay payment of a fine imposed [by the Board] pursuant to this regulation.

(3) If an individual fails to pay, in whole or in part, a fine imposed [by the Board] pursuant to this regulation, the Board may not restore, reinstate, or renew a license until the fine has been paid in full.

(4) In its discretion, the Board may refer all cases of delinquent payment to the Central Collection Unit of the State Department of Budget and Management to institute and maintain proceedings to ensure an individual’s prompt payment.

.13 Sanctioning Guidelines for Polysomnographic Technologists.

A. Subject to provisions of Regulation .12F and G of this chapter, [the Board] a disciplinary panel may impose sanctions as outlined in §B of this regulation on polysomnographic technologists for violations of Health Occupations Article, §14-5C-17(a), Annotated Code of Maryland.

B. (text unchanged)

LAURA HERRERA SCOTT
Secretary of Health

Subtitle 34 BOARD OF PHARMACY

10.34.04 Transfer and Outsourcing of Prescriptions and Prescription Orders

Authority: Health Occupations Article, §12-205 (a)(3)(ii), Annotated Code of Maryland

Notice of Proposed Action

[25-117-P]

The Acting Secretary of Health proposes to amend Regulations .01 and .03, adopt new Regulation .06, and recodify existing Regulations .06—.09 to be Regulations .07—.10 under COMAR 10.34.04 Transfer and Outsourcing of Prescriptions and Prescription Orders.  This action was considered by the Board of Pharmacy at a public meeting held on January 15, 2025, notice of which was given by publication on the Board’s website at https://health.maryland.gov/pharmacy/Pages/index.aspx  pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to: 

(1) Clarify and update policies and procedures;

(2) Clarify and update standards for quality assurance; and

(3) Update required reference materials.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jordan Fisher Blotter, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or email to [email protected]. Comments will be accepted through August 11, 2025. A public hearing has not been scheduled.

.01 Scope.

This chapter governs the:

A. Transfer of prescriptions for non-controlled dangerous substances between pharmacies;

B.—C. (text unchanged)

.03 Permanent Transfer of a Prescription Between Pharmacies.

A pharmacist from a primary pharmacy may permanently transfer a prescription order to a secondary pharmacy to be dispensed to a specific patient if [:

A. The prescription is lawfully refillable;

B. The prescription is not for a Schedule II controlled dangerous substance noted in Criminal Law Article, Title 5, Subtitle 4, Annotated Code of Maryland;

C. The] the pharmacist transferring the prescription from the primary pharmacy indicates on the prescription, within the prescription computer database and within any appropriate other records used for dispensing:

[(1)]A.—[(5)]E. (text unchanged)

.06 Transfers of Prescription for Controlled Dangerous Substances.

A pharmacist may transfer a prescription for a controlled dangerous substance in accordance with federal law.

RYAN B. MORAN, DRPH, MHSA
Acting Secretary of Health

10.34.07 Pharmacy Equipment

Authority: Health Occupations Article, §§12-205 and 12-403, Annotated Code of Maryland

Notice of Proposed Action

[25-126-P]

The Acting Secretary of Health proposes to amend Regulation .01-1 under COMAR 10.34.07 Pharmacy Equipment.  This action was considered by the Board of Pharmacy at a public meeting held on January 15, 2025, notice of which was given by publication on the Board’s website at https://health.maryland.gov/pharmacy/Pages/index.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Clarify and update policies and procedures;

(2) Clarify and update standards for quality assurance; and

(3) Update required reference materials.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jordan Fisher Blotter, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or email to [email protected]. Comments will be accepted through August 11, 2025. A public hearing has not been scheduled.

.01-1 Equipment.

A pharmacy shall have the following equipment to carry out the practice of pharmacy in Maryland:

A. If applicable, a Class A prescription balance and weights, or a prescription balance with equivalent or superior sensitivity to a Class A prescription balance; and

B. A refrigerator and freezer, if applicable, solely for the storage of drugs requiring refrigeration, with a thermometer or a temperature monitoring device[; and].

[C. A freezer, if applicable.]

RYAN B. MORAN, DRPH, MHSA
Acting Secretary of Health

 

Subtitle 42 BOARD OF SOCIAL WORK EXAMINERS

10.42.02 Social Work Practice

Authority: Health Occupations Article, §19-205, Annotated Code of Maryland

Notice of Proposed Action

[25-112-P]

The Acting Secretary of Health proposes to amend Regulation .02 and adopt new Regulation .06 under COMAR 10.42.02 Social Work Practice.  This action was considered by the Board of Social Work Examiners at a public meeting held on December 13, 2024, notice of which was given by publication on the Board’s website at health.maryland.gov/bswe/Pages/default.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to clarify certain definitions and establish a new regulation for private practice.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jordan Fisher Blotter, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or email to [email protected]. Comments will be accepted through August 11, 2025. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(7) (text unchanged)

(8) Independent Practice.

(a) "Independent clinical practice" means the practice of licensed clinical social work without the requirement of social work supervision.

(b) “Independent non-clinical practice” means the practice of licensed non-clinical social work without the requirement of social work supervision.

(9)—(11) (text unchanged)

(12) “Non-clinical social work” means assisting individuals, groups, families, or communities in accessing critical services, locating resources, negotiating and advocating on behalf of clients, community organizing, teaching, researching, developing and analyzing policy, and other non-clinical activities.

[(12)] (13)—[(20)] (21) (text unchanged)

.06 Private Practice.

A. An LMSW, Board-approved for independent practice, may not practice clinical social work without supervision in accordance with §B of this regulation.

B. Supervision Requirements.

(1) An LMSW shall only practice clinical social work under the supervision of a Board-approved LCSW-C supervisor for clinical practice employed by the same practice as the LMSW.

(2) An LMSW or LBSW may not practice clinical social work under the supervision of a:

(a) Psychiatrist;

(b) Psychologist; or

(c) Licensed clinical professional counselor.

C. An LCSW-C supervisor shall:

(1) Ensure the LMSW is:

(a) Properly licensed; and

(b) Knowledgeable of the laws and regulations as set forth in Health Occupations Article, Title 19, Annotated Code of Maryland and this subtitle;

(2) Assess the:

(a) LMSW’s:

(i) Knowledge;

(ii) Skills;

(iii) Experience;

(iv) Competence; and

(v) Training; and

(b) Client’s needs;

(3) Assign clients to the LMSW based on the assessment conducted in §C(2) of this regulation;

(4) Participate in the initial intake and diagnostic assessment of all clients served by the LMSW until the LMSW is determined to be competent;

(5) Be considered as having a professional/therapeutic practitioner relationship with the clients served by the LMSW, as evidenced in documents, such as invoices and client agreements, indicating the name of the supervising LCSW-C;

(6) Maintain full responsibility for the LMSW’s practice and professional conduct, including any disciplinary actions;

(7) Monitor and ensure effective and ethical services to clients;

(8) Maintain full records of practice and communication, which clearly establishes the LMSW is a supervisee and not an independent practitioner; and

(8) Comply with the requirements and responsibilities set forth in COMAR 10.42.08.

D. An LMSW supervisee shall practice within the scope of practice set forth in Regulation .03B of this chapter.

E. LMSW supervisees may not:

(1) Receive payment directly from the client or client’s insurance carrier;

(2) Be the owner or in charge of the practice;

(3) Be the lessor in a co-lease or sublease arrangement of office space where the practice is based or delivered;

(4) Advertise for clients or patients without clearly identifying the LMSW’s supervisor; and

(5) Directly or indirectly solicit clients or patients for:

(a) Themselves; or

(b) The supervising LCSW-C.

RYAN B. MORAN, DRPH, MHSA
Acting Secretary of Health

 

Subtitle 65 BOARD OF MASSAGE THERAPY EXAMINERS

Notice of Proposed Action

[25-105-P]

The Secretary of Health proposes to:

(1) Amend Regulation .02 under COMAR 10.65.07 Fees; and

(2) Adopt new Regulations .01—.05 under a new chapter, COMAR 10.65.12 Handheld Tools.

This action was considered by the Board of Massage Therapy Examiners at a public meeting held on October 23, 2024, notice of which was given by publication on the Board’s website at health.maryland.gov/massage/Pages/home.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to  add a new chapter for handheld tools pursuant to Ch. 788, Acts of 2024, and a one-time registration fee for licensees trained and qualified for usage.

Estimate of Economic Impact

I. Summary of Economic Impact. The handheld tool registration fee is for licensees who are trained/qualified for usage. This is a new requirement and therefore the number of licensees who will register is unknown. Nevertheless, while the full economic impact is unknown, the impact is unlikely to be significant as the proposed fee is a one-time registration fee of $100.

II. Types of Economic Impact.

Impacted Entity

Revenue (R+/R-)

Expenditure (E+/E-)

Magnitude

A. On issuing agency:

 

 

Board of Massage Therapy Examiners

(R+)

Indeterminable

B. On other State agencies:

NONE

 

C. On local governments:

NONE

 

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

 

 

Licensees of the Board of Massage Therapy

(-)

Indeterminable

E. On other industries or trade groups:

NONE

 

F. Direct and indirect effects on public:

NONE

 

 

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A. The number of licensees who will register is unknown. The proposed fee is a one-time registration fee of $100.

D. See A above.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jordan Fisher Blotter, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or email to [email protected]. Comments will be accepted through August 11, 2025. A public hearing has not been scheduled.

10.65.07 Fees

Authority: Health Occupations Article, §§6-206 and 6-207, Annotated Code of Maryland

.02 Fees for Massage Therapy Licensure and Registration.

The following fees are established by the Board and are non-refundable:

A.—Q. (text unchanged)

R. Paper copy of laws and regulations . . . $40[.]; and

S. Handheld tool one-time registration fee. . . $100.

 

10.65.12 Handheld Tools

Authority: Health Occupations Article, §§6-101(f)(2)(ii) and 6-206(a)(1), Annotated Code of Maryland

.01 Scope.

Pursuant to Health Occupations Article, §6-101(f)(2)(ii), Annotated Code of Maryland, this chapter establishes standards for the use of instrument-assisted soft tissue manipulation techniques, also known as handheld tools, by a licensed massage therapist or a registered massage therapist.

.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Board” means the State Board of Massage Therapy Examiners.

(2) “Good standing” means that the Board has not:

(a) Reprimanded the licensee, suspended or revoked the license or registration of the licensee; or

(b) Placed the licensee on probation within 5 years before the submission of a handheld tool registration application.

(3) Handheld Tool.

(a) “Handheld tool” means an instrument that is used by a licensee in the practice of massage therapy to enhance or imitate manual techniques.

(b) “Handheld tool” includes a:

(i) Mechanized vibration instrument; or

(ii) Muscle-scraping tool.

(c) “Handheld tool” does not include a tool exclusively used for protective self-care, including a:

(i) Thumb-saver tool;

(ii) Trigger point tool; or

(iii) Still point inducer.

(4) “Licensee” means, unless the context requires otherwise, a licensed massage therapist or a registered massage practitioner authorized by the Board to practice massage therapy.

(5) “National Certification Board of Therapeutic Massage and Bodyworkers (NCBTMB)” means the National Certification Board of Therapeutic Massage and Bodyworkers.

(6) “Practice massage therapy” has the meaning stated in Health Occupations Article, §6-101(f), Annotated Code of Maryland.

.03 Registration Required.

A. The Board shall register a licensee as qualified to use handheld tools in the State if the licensee:

(1) Is in good standing as defined in Regulation .02 of this chapter;

(2) Submits adequate documentary evidence that the licensee meets the education and training requirements set forth in Regulation .04 of this chapter;

(3) Submits an application for registration on the form provided by the Board; and

(4) Pays the one-time registration fee as specified in COMAR 10.65.07.02.

B. A licensee may not use any handheld tool without first registering as qualified with the Board in accordance with §A of this regulation.

.04 Minimum Education and Training Requirements.

A. In order to be registered by the Board as qualified to use handheld tools, a licensee shall meet the requirements of this regulation.

B. A licensee shall complete a minimum of 12 hours of instruction in the following content areas:

(1) Philosophy and historical perspective of handheld tools and massage therapy treatment;

(2) Indications, contra-indications, and qualifications for handheld tools in the practice of massage therapy; 

(3) Licensee and patient safety when using handheld tools;

(4) Case management and jurisprudence when using handheld tools;

(5) Recordkeeping, specifically detailing implementation and specific location of instrument use; and

(6) The clinical use of muscle scraping and mechanized vibration tools in the practice of massage therapy.

C. The instruction required by this regulation shall be approved in advance by the Board or the NCBTMB.

D. Prior Instruction.

(1) The Board shall accept a continuing education course completed before the effective date of this chapter, if the same course, in substantially similar form, is sponsored by a continuing education provider approved by the Board or the NCBTMB.

(2) Notwithstanding §D(1) of this regulation, the Board may not accept a course completed before January 1, 2018.

E. The coursework required by this regulation shall be in addition to the 750 contact hours of education required by Health Occupations Article, §6-302, Annotated Code of Maryland.

.05 Standards of Practice.

A. A licensee registered to use handheld tools shall:

(1) Fully explain and demonstrate the use of the handheld tool to the client in advance of the tool’s use;

(2) Obtain informed written consent specific to the handheld tool and maintain that written consent within the client’s record;

(3) Utilize handheld tools in a manner consistent with the standards set forth in the Maryland Occupational Safety and Health Act, Labor and Employment Article, Title 5, Annotated Code of Maryland, and its associated regulations;

(4) Document the use of handheld tool therapy in accordance with COMAR 10.65.06;

(5) Be responsible for the ongoing evaluation, assessment, and re-evaluation of client impairments;

(6) Only use handheld tools on parts of the body with neuromuscular or musculoskeletal links to those impairments; and

(7) Maintain continuing competence for handheld tool usage.

B. Any violation of these standards of practice or of the requirements of this chapter may subject the licensee to discipline pursuant to Health Occupations Article, §6-308, Annotated Code of Maryland.

LAURA HERRERA SCOTT
Secretary of Health

 

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 14 MOTOR VEHICLE ADMINISTRATION—VEHICLE INSPECTIONS

Notice of Proposed Action

[25-058-P]

The Administrator of the Motor Vehicle Administration and the Department of State Police jointly propose to:

(1) Repeal existing Regulations .01—.18 and adopt new Regulations .01—.16 under COMAR 11.14.01 General Inspection Requirements and Provisions;

(2) Repeal existing Regulations .01—.26 and adopt new Regulations .01—.29 under COMAR 11.14.02 Vehicle Inspection Standards;

(3) Repeal existing Regulations .01—.14 under COMAR 11.14.03 Safety Standards for Motorcycles;

(4) Repeal existing Regulations .01—.23 under COMAR 11.14.04 Safety Standards for Trucks, Truck Tractors, Commercial Buses, and Type I School Vehicles;

(5) Repeal existing Regulations .01—.11 under COMAR 11.14.05 Safety Standards for Trailers; and

(6) Repeal existing Regulations .01—.07 under COMAR 11.14.06 Emissions Equipment Standards.

Statement of Purpose

The purpose of this action is to repeal the existing chapters of regulations regarding the licensing of vehicle inspection stations, and the registration of inspection mechanics, and adopt new chapters to address changes in vehicle technologies, vehicle inspection test tools and equipment, and to separate, organize, and clarify the existing regulations regarding vehicle equipment safety inspection. The new proposed chapters remove unnecessary and obsolete language, update references, address changes in automotive standards and emerging technologies, and incorporate current policy and procedures for the licensing and regulatory oversight of Maryland Vehicle Safety Inspection program by the Maryland Department of State Police Automotive Safety Enforcement Division (ASED).

This action also establishes the licensing of inspection mechanics independent of an inspection station license. This will allow persons to be examined and licensed as vehicle inspection mechanics prior to employment at inspection stations and will facilitate the transfer of inspection mechanics from one station to another without unnecessary delay and interruption of employment.

In addition, the proposed new regulations make provision for the inspection of vehicles which have been properly modified for operation by persons with special needs. ASED will provide an examination of specially modified vehicles and the related documentation at no cost to persons with special needs. ASED personnel will then provide a form that identifies the properly modified equipment, which will be presented to inspection stations and inspection mechanics to allow vehicle safety inspections to be performed and certified with certain authorized exemptions to regulated vehicle equipment.

Finally, the proposal addresses auxiliary equipment installed on vehicles that potentially risk person, property, or environmental hazards which is not currently regulated and makes provisions for current and emerging automotive technologies for vehicle safety that are not currently regulated such as supplemental restraint systems, anti-lock brakes and traction control, and stability systems. eliminates requirements for obsolete or ineffective test equipment and tools and allows the current test equipment and tools used in the automotive industry to be approved for use during vehicle safety inspections.

Estimate of Economic Impact

I. Summary of Economic Impact. There is a positive economic impact on the vehicle repair/service companies that are licensed inspection stations in the Vehicle Safety Inspection Program and a positive impact on members of the public. 

II. Types of Economic Impact.

Impacted Entity

Revenue (R+/R-)

Expenditure (E+/E-)

Magnitude

A. On issuing agency:

 

 

  MVA

(E-)

None

B. On other State agencies:

 

 

 No Impact

(E-)

None

C. On local governments:

 

 

 None

(E-)

None

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

 

 

 Positive Impact

(+)

$2,500

E. On other industries or trade groups:

 

 

 None 

(+)

0

F. Direct and indirect effects on public:

 

 

 Positive Impact

(+)

0

 

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

D. The implementation of the revised Vehicle Inspection Handbook, COMAR Title 11 subtitle 14 will have a positive economic impact on the vehicle repair/service companies that are licensed inspection stations in the Vehicle Safety Inspection Program.  The revised regulations eliminate an expensive previously required tool, a headlight-aiming machine, which saves the station between $1,500 and $2,500 depending on the brand and model of tool they purchased.  The elimination of this tool provides for a quicker inspection process that saves the station time and can increase their earning potential on a daily basis. The stations will be required, as they currently are, to purchase the new Vehicle Inspection Handbook, which has a cost of $50.00 plus $15.00 shipping and handling. 

F. There is a positive impact on members of the public as well, the revised regulations have provisions to inspect and accommodate specialized and or modified equipment installed in vehicles for persons with disabilities.  Whether it is equipped for disabled passengers and or disabled drivers.  Currently, there are no provisions to accommodate this equipment, and at times the vehicles will need be converted back to a conventional vehicle for inspection.  This is cost-prohibitive.

An additional positive impact to the public in the revised regulation is a provision to allow heavy-duty pickup style trucks over 10,000 GVWR not equipped with airbrakes to be inspected at a lower cost to the citizen.

Economic Impact on Small Businesses

The proposed action has a meaningful economic impact on small businesses. An analysis of this economic impact follows:

Economic Impact on Small Businesses: The proposed action has a meaningful economic impact on small businesses. As stated in the summary the revised regulations will have a positive economic impact on small businesses. The elimination of a previously required tool will save businesses between $1,500 and $2,500. This also allows for a streamlined, quicker, inspection process, which may increase their daily earning potential. Lastly, the availability of digital version of the Vehicle Inspection Handbook at a reduced cost will have a positive impact.

 

Impact on Individuals with Disabilities

The proposed action has an impact on individuals with disabilities as follows:

The proposed action has an impact on individuals with disabilities as follows: Positive impact, the new regulations have provisions to inspect and accommodate specialized and/or modified equipment installed in vehicles for persons with disabilities. Whether it is equipped for disabled passengers and or disabled drivers. Currently, there are no provisions to accommodate this equipment, and many times the vehicles must be converted back to a conventional vehicle for inspection. This is cost-prohibitive.

 

Opportunity for Public Comment

Comments may be sent to Tracey C. Sheffield, Regulations Coordinator, MVA, 6601 Ritchie Highway NE, Room 200 Glen Burnie, MD 21062, or call 410-768-7545, or email to [email protected]. Comments will be accepted through August 11, 2025. A public hearing has not been scheduled.

11.14.01 General Inspection Requirements and Provisions

Authority: Transportation Article, §12-104(b), §22-104, §23-101 – 23-109, §24-106.1, and § 25-110
Annotated Code of Maryland

.01 Definitions.

A. In this subtitle, the following terms have the meanings indicated. . Terms Defined.

(1) “Administration” means the Maryland Motor Vehicle Administration of the Maryland Department of Transportation.

(2) “Autocycle” means a motor vehicle that:

(a)  Has two front wheels and one rear wheel;

(b)  Has a steering wheel;

(c)  Has permanent seats on which the operator or a passenger is not required to sit astride;

(d)  Has foot pedals to control acceleration, braking, and, if applicable, a clutch; and

(e)  Is manufactured to comply with federal safety standards for motorcycles.

(3) “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.

(4) “Commercial motor vehicle” means any self-propelled or towed motor vehicle used on a highway for interstate or intrastate commerce to transport passengers or property when the vehicle:

(a) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 10,001 pounds (4,536 kg) or more, whichever is greater:

(b) Is designed or used to transport more than eight passengers (including the driver) for compensation;

(c) Is designed or used to transport more than 15 passengers (including the driver) and is not used to transport passengers for compensation; or

(d) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. §5103 and transported in a quantity requiring placarding under regulations required by the Secretary under 49 CFR.

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

(6) “Covert vehicle” means a vehicle used by the Division to monitor compliance with COMAR 11.14, by inspection stations, or inspection personnel.

(7) “Covert vehicle inspection” means the submission of a covert vehicle as defined in §B(6) of this regulation to inspection stations, or inspection personnel, for the investigation of compliance with COMAR 11.14 during inspection, or the presentation of a fictitious safety equipment repair order.

(8) “Dealer” means a dealer who is licensed in this State under Transportation Article, Title 15, Annotated Code of Maryland.

(9) “Division” means the Automotive Safety Enforcement Division (ASED) of the Department of State Police.

(10) “DOT” means United States Department of Transportation.

(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 vehicle dealer repair shop, vehicle repair garage, or service station vehicle repair shop.

(13) “Fictitious safety equipment repair order” means a safety equipment repair order that is an authentic document containing information that may be fabricated, prepared by Division personnel for submission for inspection and compliance with COMAR 11.14.

(14) “Fleet station” means an organization, company, business, educational institution, or municipal facility that owns, operates, or controls 15 or more vehicles, and has been licensed and authorized by the Division to inspect only those vehicles owned, operated, or controlled by the licensee.

(15) “GVWR” means the gross vehicle weight rating as determined by the manufacturer.

(16) “Inspection certification” means a certification by an inspector, in a format established by the Division, that:

(a) Certifies that as of the specified date, and mileage (if applicable), at the time of certification, a vehicle, identified by the Vehicle Identification Number (VIN), and having been subject to a vehicle safety inspection, meets or exceeds the standards established in these regulations; and

(b) Inspection includes initial inspections, inspection of vehicle equipment rejected during a previous inspection, or inspection of vehicle equipment due to the issuance of a safety equipment repair order.

(17) “Inspection station” means a facility that has been authorized to allow the performance of vehicle safety inspections, the certification of inspections of compliant vehicles, and the certification of safety equipment repair orders for a specific class or classes of vehicles.

(18) “Inspector” means an individual who:

(a) Meets the requirements defined in Regulation .04 of this chapter;

(b) Has passed the appropriate written and demonstrative ability examinations;

(c) Is not under any type of administrative sanctions; and

(d) Has been licensed as an inspector by the Division to perform vehicle safety inspections on specific classes of vehicles at a specific type of inspection station.

(19) “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 additional amenities not normally provided in passenger cars, for passenger convenience.                                                                                                           

(20) “Load cover” means a device made of canvas or other type material and used to enclose the open top of a vehicle bed, as defined in Transportation Article, §24-106.1(a), Annotated Code of Maryland.

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

(22) “Low-speed vehicle” means a four-wheeled motorized vehicle that has a maximum speed capability that exceeds 20 miles per hour and not more than 25 miles per hour on a paved level surface, and whose GVWR is less than 3,000 pounds.

(23) Manufacturer.

(a) “Manufacturer” means a person or entity in the business of constructing or assembling vehicles of a type required to be registered under Transportation Article, Title 13, Annotated Code of Maryland.

(b) “Manufacturer” includes a person or entity in the business of constructing or assembling the first-stage manufacture of an incomplete vehicle, and the second-stage manufacture of a two-stage vehicle so that it becomes a completed vehicle, as these terms are defined in Transportation Article, §13-113.2 Annotated Code of Maryland.

(24) “Maryland Safety Inspection System (MSIS)” means the electronic reporting and certification system established by the Division to facilitate the electronic submission of inspection certifications to the Administration and provide an electronic database of vehicle inspection records.

(25) “Modular home trailer” means a trailer manufactured solely for transporting modular homes or portions of modular homes. 

(26) “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) Complies with all motor vehicle safety standards applicable to motorcycles under federal law.

(27) “Multipurpose passenger vehicle” means:

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

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

(28) “NHTSA” means National Highway Traffic Safety Administration.

(29) “OEM” means original equipment manufacturer.

(30) “Physical Disability Medical Exemption for Vehicle Equipment” means a form issued by the Division to provide notification and documentation to inspection station personnel performing an inspection of a vehicle that:

(a) The vehicle has been properly modified and identified, to enable a person with a disability to operate, or ride as a passenger in the motor vehicle; and

(b) Is exempted from the “make inoperative” prohibition of 49 U.S.C. §30122 to the extent that those modifications affect the motor vehicle's compliance with the Federal Motor Vehicle Safety Standards or portions thereof specified in 49 CFR §595.7.

(31) “Physician’s Written Certification of Necessity for Medical Exemption from Maryland Window Tint Limitations Form” is a form issued by the Division that enables a physician to render a signed statement indicating a person meets all provisions for a medical exemption set forth in Transportation Article, §22-406, Annotated Code of Maryland, and the applicable COMAR governing post manufacture window tinting while being operated by the primary owner/driver.

(32) “Police officer” means:

(a) A uniformed police officer as defined in Transportation Article, §11-147, Annotated Code of Maryland; or

(b) A civilian employee of the Department of State Police as defined in Transportation Article §23-101(g), Annotated Code of Maryland.

(33) “Post Manufacture Window Tint Inspection Report” means a form that:

(a) Has been approved by the Division;

(b) Has been completed by an inspector; and

(c) Identifies the owner or agent, the vehicle information, and light transmittance readings of regulated windows equipped with post manufacture window tint.

(34)  Post Manufacture Window Tint Medical Exemption Form”.

(a) “Post Manufacture Window Tint Medical Exemption Form” means a form issued by the Division upon presentation of a written certification from a physician or optometrist licensed to practice medicine in the State of Maryland that details the vehicle owner’s medical need for windows tinted to less than 35 percent light transmittance.

(b) “Post Manufacture Window Tint Medical Exemption Form” authorizes an inspector to exempt the vehicle’s windows equipped with post manufacture window tint from meeting the light transmittance requirement during a vehicle inspection, or during certification of a SERO issued to an owner of a vehicle.

(35) “Rebuilding” means the restoring of a salvage vehicle as set forth in Transportation Article, §13-506, Annotated Code of Maryland, or a vehicle that is inoperable because of the need for major or extensive repairs to the body, frame, suspension, engine, or drivetrain.

(36) “SAE” means the Society of Automotive Engineers.

(37) “Safety Equipment Repair Order (SERO)” means a hand-printed or electronic directive ordering repair of defective equipment on a specified vehicle.

(38) 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, or retrofits an existing vehicle for dump service registration with the Administration so that it becomes a complete vehicle in accordance with COMAR 11.15.27 and Transportation Article, §15-201, Annotated Code of Maryland; and

(c) A second-stage manufactured vehicle shall be identified as such only if the vehicle is labeled in accordance with 49 CFR §567.5.

(39) “Securement hardware” means any device used to attach or secure a cover on a vehicle bed.

(40) Specially Constructed Vehicle.

(a) “Specially constructed vehicle” means a vehicle that 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.

(b) “Specially constructed vehicle” does not include a vehicle assembled from parts acquired from multiple vehicles or other sources that has been assembled into a single vehicle, other than one which is constructed upon an engineered and manufactured kit from a manufacturer as defined in this regulation.

(41) “State Police” means the Maryland Department of State Police.

(42) “Supervisor” means an individual who:

(a) Has supervisory authority within the business establishment;

(b) Has been designated by the applicant or licensee, and agrees to be responsible for the daily operation of the inspection program at the facility; and

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

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

(a) Class A (passenger) vehicle;

(b) Class E (truck) vehicle;

(c) Class F (tractor) vehicle;

(d) Class G (trailer) vehicle;

(e) Class J (vanpool) vehicle;

(f) Class M (multipurpose) vehicle;

(g) Class B (for hire) vehicle;

(h) Class D (motorcycle) vehicle;

(i) Class Q (limousine) vehicle; and

(j) Class L (historic) applicable to a historic vehicle sold by a licensed Maryland dealership, which was previously titled or registered in another state or country, for initial registration in Maryland:

(i) 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;

(ii) For the purpose of SERO issuance, a motor vehicle, trailer, semitrailer, Class L (historic) vehicle with the model year of 1986 or later, and Class L truck, tractor, and multipurpose motor home over 10,000 GVWR, except as provided in §B(43)(d) of this regulation; or                    

(iii) For the purpose of a SERO issuance, “Vehicle” does not include any Class L (historic) vehicle with the model year of 1985 or earlier, Class N (street rod) vehicle, or trailer which is a mobile home as defined in Transportation Article, §11-134, Annotated Code of Maryland.

(44) “Vehicle Inspection Handbook” means a book of regulations governing motor vehicle inspections, obtained from the Office of the Secretary of State, Division of State Documents, for the State of Maryland, in a format approved by the Division.

(45) “Vehicle Safety Inspection Bulletin” means a bulletin released by the Division to supply an enforceable interpretation of the regulation, or to provide guidance for procedures related to the vehicle safety inspection program for specific circumstances not covered by the Vehicle Inspection Handbook, and to address emerging automotive technical innovation which may seem to conflict with current regulations.

.02 Administrative Penalties.

A. The inspection station license under Regulation .03 of this chapter, or the inspector license under Regulation .04 of this chapter, may be refused, revoked, or suspended if the station or inspector has committed any of the offenses in this regulation:  

(1) Falsification of facts shall result in revocation of the license to protect the integrity of the Vehicle Safety Inspection Program;

(2) Failure to comply with any requirements of the regulations contained in COMAR 11.14; or

(3) Materially altering, or knowingly allowing changing of equipment on a vehicle:

(a) For which an inspection certification or a repair order certification has been issued, that results in equipment not meeting or exceeding the standards established under this subtitle; or

(b) For a vehicle registered in Maryland, or sold for registration in Maryland which results in equipment not meeting or exceeding the standards established under this subtitle.

B. Corrective action procedures are intended to establish an equitable and effective process to correct unacceptable vehicle safety inspection actions. The regulations contained within this chapter establish corrective actions and administrative penalties through direct reference in the regulation, or by the penalty assessment categories found in §C of this regulation.

(1) Vehicle steering systems, suspension systems, brake systems, and tire and wheel equipment are critical safety equipment systems that may have a very high potential for loss of control of a vehicle during operation and shall result in the application of severe penalties for unacceptable vehicle safety inspection actions:

(a) A school vehicle, as defined in Transportation Article, §11-154, Annotated Code of Maryland is also regulated for inspection under COMAR 11.19.04 School Vehicle Inspection by Authority established in Transportation Article, §§12-104(b) and 25-110, Annotated Code of Maryland.

(b) A school vehicle, due to the specific purpose of safely transporting children, categorizes and identifies additional vehicle equipment in this regulation as “School Vehicle Critical Safety Equipment”, and the Administration may suspend the registration and confiscate the registration plates of a school vehicle determined to be unfit or unsafe for the transportation of passengers.

(2) When multiple offenses have been committed, all offenses will be included in the Investigative Report as supporting documentation to determine the corrective action to be taken.

(a) A combination of any three or more violations committed during the same action or inspection will enhance the violation to a higher category.

(b) Subsequent violations within 12 months enhance the penalty to a higher category.

(c) Subsequent Category “II”, “III”, or “IV” violations within 12 months of reinstatement into the Inspection Program after a served penalty will result in enhanced penalties for violations.

(3) All categories of offenses will apply uniformly to the inspectors involved in the offenses and inspection station alike, where it is revealed that inspection station supervision was involved in the matter or had knowledge of its occurrence.

(4) Corrective disciplinary action for each category of offense shall not be exceeded unless strong mitigating circumstances exist which require escalation of charges, otherwise, the appropriate corrective action will be taken.

C. Penalty assessment categories are divided into five groups of offenses based on the seriousness as they pertain to vehicle safety. The specified corrective disciplinary action for each category of offense shall not be exceeded unless strong mitigating circumstances exist. A violation of any regulation in the Vehicle Inspection Handbook or a procedure detailed in a Vehicle Safety Inspection Program Bulletin issued by the Division shall be addressed using the following categories of assessment of penalties. Multiple incidents of violations of regulations or procedures shall escalate charges to a higher category.

(1) Category I. Unacceptable vehicle safety inspection actions that are less serious, but which require corrective action to maintain an efficient and effective Vehicle Inspection Program, and unless designated otherwise as required by this regulation shall result in:

(a) First offense – Documented in Station Compliance Check Report or Investigative Report as applicable;

(b) Second offense – Documented in Station Compliance Check Report or Investigative Report as applicable; and

(c) Third offense – Written reprimand – Issued by the Division Commander.

(2) Category II. Unacceptable vehicle safety inspection actions that are serious which require corrective disciplinary action to prevent unsafe vehicle safety inspection actions and shall result in a suspension for 30 days.

(3) Category III. Unacceptable vehicle safety inspection actions that are more serious which require corrective disciplinary action due to multiple occurrences of offenses involving unsafe vehicle safety inspection actions, and the associated safety risk to the public this creates, and shall result in a suspension for 180 days.

(4) Category IV. Unacceptable vehicle safety inspection actions that are very serious which require corrective disciplinary action due to multiple occurrences of very serious offenses involving critically unsafe vehicle safety inspection actions, and the escalation of the associated safety risks to the public this creates, and shall result in a suspension for 2 years.

(5) Category V. Unacceptable vehicle safety inspection actions that are critical safety violations and require immediate corrective action to prevent serious vehicle safety incidents, and unless designated otherwise as required by §B(4) of this regulation shall result in revocation from the Maryland Vehicle Safety Inspection Program.

D. Reinstatement after Revocation under Administrative Penalties.

(a) A revoked Inspector or Inspection Station may apply for reinstatement after 5 years of revocation; and

(b) A revoked Inspector or Inspection Station, having served one revocation period, and having made reapplication and been reinstated, commits any subsequent Category “II”, “III”, or “IV” violation shall be subject to permanent revocation.

E. Penalty Categories by Regulation. Sections not listed below will be assessed on a case-by-case basis for an appropriate penalty as certain regulations impose the penalty established by regulation.

(1) Category I. Violations of the following regulations are Category I offenses:

(a) 11.14.01.04A(1)—(2);

(b) 11.14.01.04D;

(c) 11.14.01.05A(1)—(3);

(d) 11.14.01.05C;

(e) 11.14.01.06;

(f) 11.14.01.07C;

(g) 11.14.01.09D;

(h) 11.14.01.09H—J; 

(i) 11.14.01.11A;

(j) 11.14.02.04A—B Tow Vehicle Hitches and Coupling Devices—(Except for Truck-Tractors);

(k) 11.14.02.09C Auxiliary Equipment Exhaust Systems;

(l) 11.14.02.10 Emissions Control Systems;

(m) 11.14.02.12 Body Components;

(n) 11.14.02.13 Bumpers and Rear Metal Frame—(Except for School Vehicles);

(o) 11.14.02.14 Floor, Trunk, Bulkhead, and Interior Engine Cover— (Except for School Vehicles);

(p) 11.14.02.15 Rearview Mirrors;

(q) 11.14.02.16 Equipment for Operator, and Passengers;

(r) 11.14.02.17 Seat Belts, and Supplemental Restraint Systems;

(s) 11.14.02.18 Automatic Transmission Gear Indicator, and Neutral Safety Switch for Starter;

(t) 11.14.02.19 Manual Transmission Neutral Safety and Clutch Safety Starter Switch;

(u) 11.14.02.20 Speedometer, and Odometer;

(v) 11.14.02.21 Windshield Wipers and Washers—(Except for School Vehicles);

(w) 11.14.02.22 Glazing—(Except for School Vehicles);

(x) 11.14.02.23 Lighting—(Except for School Vehicles);

(y) 11.14.02.24 Electrical Systems—(Except for School Vehicles); and

(z) 11.14.02.25 Load Covers.

(2) Category II. Violations of the following regulations are Category II offenses:

(a) 11.14.01.04B, C(5), (6);

(b) 11.14.01.05B;

(c) 11.14.01.09A—C;

(d) 11.14.01.09E—G;

(e) 11.14.02.02 Steering, Alignment, and Suspension (Critical Safety Equipment);

(f) 11.14.02.03 Vehicle Frame and Unibody Construction (Critical Safety Equipment);

(g) 11.14.02.04C Fifth Wheels for Truck-Tractors (Critical Safety Equipment);

(h) 11.14.02.05 Trailer Towing Attachment Devices (Critical Safety Equipment);

(i) 11.14.02.06 Brake System (Critical Safety Equipment);

(j) 11.14.02.07 Wheels, Tire Pressure Monitoring, and Tires (Critical Safety Equipment);

(k) 11.14.02.08 Fuel Systems (Critical Safety Equipment);

(l) 11.14.02.09A Motor Vehicle Powertrain Exhaust Systems (Critical Safety Equipment);

(m) 11.14.02.09B Commercial Vehicle Exhaust Systems (Critical Safety Equipment);

(n) 11.14.02.09D School Vehicle Exhaust Systems (Critical Safety Equipment);

(o) 11.14.02.11 Powertrain and Powertrain Components (Critical Safety Equipment);

(p) 11.14.02.13F Bumpers and Rear Metal Frame School Vehicles (Critical Safety Equipment);

(q) 11.14.02.14 Floor, Trunk, Bulkhead, and Interior Engine Covers (Critical Safety Equipment for School Vehicle);

(r) 11.14.02.15E School Vehicle Mirrors (Critical Safety Equipment for School Vehicle);

(s) 11.14.02.16A—E Equipment for Operator, and Passengers (Critical Safety Equipment for School Vehicle);

(t) 11.14.02.21 Windshield Wipers and Washers (Critical Safety Equipment for School Vehicle);

(u) 11.14.02.22 Glazing—Critical Safety Equipment (Critical Safety Equipment for School Vehicle);

(v) 11.14.02.23H School Vehicle Warning Lights (Critical Safety Equipment for School Vehicle);

(w) 11.14.02.24 Electrical Systems (Critical Safety Equipment for School Vehicle);

(x) 11.14.02.26 School Vehicle Color and Identification (Critical Safety Equipment for School Vehicle);

(y) 11.14.02.27 School Vehicle Emergency Equipment (Critical Safety Equipment for School Vehicle);

(z) 11.14.02.28 School Vehicle Approved Optional Systems (Critical Safety Equipment for School Vehicle); and

(aa) 11.14.02.29 Type I School Vehicle for Transporting Special Needs Children (Critical Safety Equipment for School Vehicle).

(3) Category III. Violations of the following regulations are Category III offenses:

(a) 11.14.01.02A(2) and (3);

(b) 11.14.01.03B;

(c) 11.14.01.04B(1)(g)—(l);

(d) 11.14.01.04B(2) and (3);

(e) 11.14.01.13A; and

(f) 11.14.01.14.

(4) Category IV. Violations of the following regulations are Category IV offenses:

(a) 11.14.01.08; and

(b) 11.14.01.11B.

(5) Category V. Violations of 11.14.01.02A are Category V offenses.

.03 Licensing Requirements for Facilities.

A. An application for an inspection station license or license renewal shall be submitted in a format established by the Division, and be signed by a principal officer of the organization applying for the license under penalty of perjury, as provided by Criminal Law Article, §9-1, Annotated Code of Maryland. This application shall be accompanied by the fee set forth in COMAR 11.11.05, as follows:

(1) Private business—identifies the owner;

(2) Partnership—identifies all partners; and

(3) Corporation—identifies a corporate officer or other person with written power of attorney that shall either accompany the application or be on file with the Division.

B. Any facility as defined in Regulation .01B(12) of this chapter may apply to the Division to be licensed or otherwise authorized as an inspection station. A dealer who is licensed in this State under the Transportation Article, Title 15, of the Annotated Code of Maryland for the sale of vehicles shall not be licensed as a fleet station. Applications shall not be accepted from a facility owned or operated by a person or persons if any administrative actions authorized under this subtitle, including suspension, revocation, refusal, or fines have been imposed, or are pending against any license held or applied for by those parties, and subject to the following conditions: 

(1) Vehicle sales and repair, vehicle repair, or vehicle service shall remain the primary business of the facility;

(2) The application shall identify the person or persons who shall routinely be on-site and will supervise and be responsible for the daily operation of the inspection station activities; and

(3) Corporate officers, owners, and partners not routinely on-site at the establishment shall delegate inspection station responsibility to an approved supervisor, as defined in Regulation .01B(42) of this chapter, within the business establishment as permitted in this regulation.

C. Applications will not be accepted from any applicant who has been in business at that location for less than 6 months except:

(1) Previously appointed facilities which have changed location;

(2) Additional locations of existing or established businesses that have one or more locations licensed as inspection stations; or

(3) A dealer licensed by the Administration.

D. The Division Commander may waive the 6-month waiting period when adequate documentation of previous business operational experience is presented.

E. “License” may also refer to “registration”, “appointment”, “authorization”, or similar terms used regarding inspection station facilities in this chapter.

.04 Personnel Requirements.

A. Each inspection station open to the public shall have the following personnel available during Division approved hours as specified below:

(1) At least one Vehicle Safety Inspector licensed to perform inspections at the specific types of station; and

(2) An approved inspection station supervisor, as applicable.

(3) If the inspection station does not employ a licensed inspector for a period of 90 days, the inspection station license shall be canceled.

B. Inspector Licensing and Requirements. Applications shall not be accepted from a person if any administrative actions authorized under this subtitle, including suspension, revocation, refusal, or fines have been imposed, or are pending by those parties.

(1) Each new applicant, or renewing inspector shall:

(a) Submit an application for a vehicle safety inspector license, or for renewal of a license in a format established by the Division, as follows:

(i) The application or renewal shall identify the applicant, the person applying for the license;

(ii) The application shall indicate whether the applicant has been convicted of a crime other than a traffic violation;

(iii) The application shall indicate if any administrative actions, including suspension, revocation, refusal, or fines are pending against any license held or applied for; and

(iv) The application shall indicate the type of vehicle safety inspector license being applied for;

(b) Be at least 18 years old, and have a minimum of 12 months general motor vehicle repair experience;

(c) Be at least 17 years old and possess a certificate of satisfactory completion of an automotive mechanic's course from an accredited Maryland high school or its equivalent;

(d) Be thoroughly familiar with the contents of the Vehicle Inspection Handbook; and

(e) Possess a valid driver's license issued in the applicant's name for the class of motor vehicle to be driven in the course of inspection.

(2) Applicants shall be capable of passing written examinations, and demonstrative ability examinations as required by the Division.

(a) Applicants shall register, complete, and receive a grade of at least 80 percent within a 30-day period, on the written general inspection knowledge examination, and on the vehicle equipment knowledge examinations for each type of station and associated vehicle class of which the applicant will be performing inspections; and

(b) Applicants shall take and pass a demonstrative ability examination for each type of station and vehicle type the applicant will be performing inspections upon, after the written examinations are successfully completed.

C. Examination Requirements. Written and Demonstrated Ability Examinations shall be successfully completed within the same 6-month period which shall begin on the initial date of the registration for written examinations.

(1) Three consecutive failures of a written examination shall require a 6-month waiting period before any additional examinations may be taken. The 6-month period start date shall begin on the initial date of registration for written examinations.

(2) Three consecutive failures of a demonstrated ability examination shall require a 6-month waiting period before any additional examinations may be taken.

(3) A licensed inspector wishing to add an additional type of inspection license shall be required to pass the specific vehicle equipment knowledge and demonstrated ability examinations for the types of vehicles approved to be inspected by the type of station.

(4) A licensed inspector shall be subject to reexamination as required by the Division.

(a) A tools knowledge and ability examination may be administered to an inspector transferring to a station to ensure that the inspector can calibrate and properly use the station’s brand/make of tools and equipment before the inspector is placed active at the station.

(b) A tools knowledge and ability examination may be administered to an active inspector with justifiable cause indicated by improper use or maintenance of the required tools and equipment. Any two failures of this examination shall require a 6-month waiting period before any subsequent examination. 

(c) Written examinations may be re-administered to an active inspector with the approval of a Division supervisor when reasonable grounds exist. Any two failures of this examination shall require a 6-month waiting period before any subsequent examination.

(d) A Demonstrative Ability Examination may be re-administered to an active inspector with the approval of a Division Supervisor when reasonable grounds exist. Any two failures of this examination shall require a 6-month waiting period before any subsequent examination.

(e) Re-examinations as a result of failures will be conducted upon the next station visit or sooner depending on the availability of Division personnel.

(5) An inspector shall only perform inspections of vehicles for which they are licensed to perform:

(a) Only in designated inspection areas; and

(b) Only on the property of their assigned inspection stations.

(6) An inspector shall complete all regulated aspects of vehicle inspection. An assistant may help raise the vehicle and remove and replace tire/wheel assemblies, but the inspector shall perform all regulated inspection procedures, and properly tighten all fasteners and reinstallation of all equipment removed or disassembled for inspection.

(a) An inspector shall be capable of road testing the motor vehicle as part of the inspection procedure.

(b) An inspector shall be responsible for and capable of completing all aspects of an inspection including:

(i) Performing vehicle inspections, and inspections for certification of defects identified by SEROs only at the inspection station;

(ii) Maintaining accurate and factual records pertaining to all inspections that the inspector performs; and

(iii) Maintaining strict security of username and password access to MSIS.    

(c) An inspector shall only use approved tools and equipment for vehicle inspection, and be capable of calibrating all tools and equipment used for vehicle safety inspection procedures.

(d) An inspector shall not use, or be under the influence of alcoholic beverages or controlled dangerous substances (CDS) while performing any action as an inspector.

(e) An inspector shall be required to renew the inspector license every 5 years, or as otherwise required by the Division.

D. Inspection Station Supervisor Requirements. Applications shall not be accepted from a person if any administrative actions authorized under this subtitle, including suspension, revocation, refusal, or fines have been imposed, or are pending by those parties. 

(1) The applicant/licensee shall designate supervisory personnel within their business establishment who shall:

(a) Hold a supervisory/management position within the established business with authority over personnel employed by the business;

(b) If not a licensed inspector, the inspection station supervisor shall submit an application, and pass a supervisor general inspection knowledge examination before being approved to function in that capacity; and

(i) Be responsible for, and supervise the daily operation of the inspection program at the licensee's facility on behalf of the applicant/licensee;

(ii) Assure inspection certifications and SERO certifications are properly completed after the conclusion of the inspection for compliance with the regulations in this subtitle, and before the vehicle leaves the inspection station premises;

(iii) Have all records of inspections available at the facility during normal working hours that may be examined or removed by Division personnel as needed;

(iv) Be employed on a full-time basis at the inspection station; and

(v) Maintain strict security of username and password to access the MSIS, if applicable.

(2) The station supervisor shall not use, or be under the influence of alcoholic beverages or CDS while performing any action as a station supervisor.

.05 Facility Requirements.

A. The building and location of a facility shall conform to established requirements in these regulations to be approved as an inspection station of any type, or combination of types. Inspection area requirements for a combination of types at the same facility may be met by multiple approved inspection areas, or by a single inspection area, if the single inspection area meets all the requirements for all the specific types applied for, or approved at the facility and shall be open and accessible to the public for inspections except for those facilities with a Type F designation.

(1) Inspection stations shall have regular operating hours Monday through Friday from at least 8 a.m. to 4 p.m. for inspection-related activities unless otherwise authorized by the Division.

(2) Inspection stations may adjust their operating days or hours for inspection-related activities in the best interest of the State and the public after submission of a request in a format approved by the Division and shall not adjust them until the request is approved by the Division.

(3) Inspection stations shall display the trading name on the facility, or on a sign on the premises, that can be clearly read from the street in front of the business.

(4) Inspection stations shall comply with all applicable laws, ordinances, and regulations for the jurisdiction in which it is located.

B. The facility shall be appropriate for the types of inspection to be conducted as described below, including an entrance to the inspection area of sufficient height and width to accommodate the maximum legal height and width of vehicles to be inspected.

(1) Type A—passenger vehicles, limousines, trucks, vans, multipurpose passenger vehicles, motor homes, 10,000 pounds and under GVWR, trailers not equipped with air brakes, and autocycles. Type A inspection station inspection bays shall be at least 12 feet wide and 24 feet long. Type A inspection stations may allow, but shall not require, an inspector to inspect a vehicle with a GVWR of more than 10,000 pounds provided;

(a) The vehicle is not equipped with an air brake system;

(b) The vehicle can be physically accommodated inside a designated Type A inspection bay, (12 feet wide x 24 feet long); and

(c) The facility shall have sufficient means of safely lifting and supporting the vehicle for inspection.

(2) Type C—trucks, truck tractors, buses, motor homes, converted buses, and limousines over 10,000 pounds GVWR. Type C inspection station inspection bays shall contain an area at least 15 feet wide and 45 feet long.

(3) Type F—fleet station (must own, operate, or control at least 15 vehicles operated in a commercial venture, service application, or repair enterprise – not applicable to automotive dealers). Type F inspection station contains an inspection area meeting the requirements established for the classes of vehicles owned or controlled by this facility.

(4) Type M—motorcycles, and trailers not equipped with air brakes. Type M inspection station inspection bays shall be at least 10 feet wide and 15 feet long.

(5) Type R—only motor homes and converted buses. Type R inspection station inspection bays shall be at least 12 feet wide and 40 feet long.

(6) Type T—any trailer, including those equipped with air brakes. Type T inspection station inspection bays shall be at least 12 feet wide and at least 60 feet long. This area may be outside.

(7) Type TL—any trailer not equipped with air brakes. Type TL inspection station inspection bays shall be at least 12 feet wide and at least 60 feet long. This area may be outside.

C. If the inspection bay cannot be cleared for an inspection at the time a vehicle is presented, an appointment shall be given to accommodate an inspection of the vehicle within three business days of the request for inspection.

D. All inspection areas of an authorized station shall be at the same location of the premises of the business establishment.

.06 Inspection Area Requirements.

A. An inside inspection area shall have a smooth, level hard-surfaced concrete or cement floor which:

(1) Shall have no more than a 1 percent slope from front to rear, rear to front, or side to side;

(2) May not have a four-way slope;

(3) Shall be free of permanently located workbenches, displays, machinery, stairways, shelves, car washing equipment, or any other obstructions which would create a hazard; and

(4) Shall have an entrance that will allow a vehicle of the authorized class to enter the inspection bay for inspection.

B. An outside inspection bay shall have a level surface that is capable of being used to lift and support the applicable type of vehicle the station is authorized to inspect which shall be free of permanently located equipment or other obstructions that would create a hazard or prohibit the parking of the vehicle in the area in any manner.

C. Type A, C, or R inspection stations shall be designed and equipped with two convex mirrors viewable from the driver position, a minimum of 12 inches in diameter each, one mounted facing forward from the rear to observe the rear lights of a vehicle, and one facing rearward to observe the front lights of a vehicle in the inspection bay. Alternatively, mirrors may be mounted on portable stands to be appropriately positioned during inspection. Oversize mirrors positioned to provide the same viewing areas are also acceptable.

D. Type A inspection stations shall be equipped with:

(1) A vehicle lift that has frame lift capability capable of raising vehicles, except for oversized vehicles, at least 5 feet off the floor; and

(2) A jack and jack stands capable of lifting and supporting oversized vehicles too large for the frame contact lift to accommodate.

.07 Inspection Tools and Equipment.

A. Station applicants and station licensees shall have the following tools, equipment, and reference specification materials approved by the Division, except as specified in this regulation:

(1) Two jack stands, capable of supporting the types of vehicles subject to inspection;

(2) One roller floor jack, capable of lifting the types of vehicles subject to inspection; and

(3) One window tint meter meeting the following requirements which shall be maintained on the ASED website (not required for Type T, M, or TL):

(a) Manufactured as a two-piece device, portable and compact, with digital readout to the nearest percent;

(b) Suitable for measuring standard automotive glazing on roll-down and fixed windows;

(c) Designed to be operated by one person;

(d) Equipped with an alignment aid feature to assist in obtaining and maintaining accuracy throughout measurement;

(e) Equipped with an activation switch or button, off switch or button, or self-deactivation;

(f) Equipped with the manufacturer’s reference sample calibration standards that are labeled with the manufacturer’s name, serial number (if equipped), and percentage of light transmittance; and

(g) Equipped with a light transmittance meter which shall maintain unit accuracy within plus or minus 2 percentage points (certified by an independent testing laboratory):

(i) Designed to maintain repeatability within plus or minus 1 percentage point; and

(ii) Manufacturers shall provide information to the Division regarding any change in specifications of any approved products used for tint inspection and certification in Maryland.

(4) Reference material for the appropriate type of station:

(a) Brake specifications Type A, Type C, and Type R stations, current by July 1st of the year;

(b) Ball joint specifications Type A, Type C, and Type R stations, current by July 1st of the year;

(c) Emission guide specifications Type A, Type C, and Type R stations, current within 2 years by July 1st of the year;

(d) Tire guide specifications Type A station, current by July 1st of the year;

(e) The required specifications may take the form of a printed or electronic reference source from a computerized system, provided the reference material contains required specifications by July 1st of that year; and

(f) Type F stations shall have the appropriate specification reference material for the types of vehicles the station is licensed to perform.

B. The following tools and equipment approved by the Division shall be available as specified in this regulation.

(1) A disc brake measuring tool, with a pointed anvil, capable of accurately measuring for the appropriate type of vehicle, the thickness of discs or rotors in increments of at least 0.001 of an inch or 0.0254 of a millimeter;

(2) One disc measuring tool calibration gauge or standard compatible with the brake disc measuring tool;

(3) A drum brake measuring tool, capable of accurately measuring for the appropriate type of vehicle the inside diameter of brake drums in increments of at least 0.001 of an inch or 0.0254 of a millimeter;

(4) One drum measuring tool calibration gauge or standard compatible with the brake drum measuring tool; 

(5) One brake disc pad thickness gauge, capable of accurately measuring for the types of vehicles subject to inspection, in fractions of an inch, or decimals of millimeters, the remaining usable bonded brake disc pad lining or the thickness of brake disc pad lining remaining above rivet heads;

(6) One brake shoe lining thickness gauge, capable of accurately measuring, for the types of vehicles subject to inspection, in fractions of an inch, or decimals of millimeters, the remaining usable bonded brake lining or the thickness of brake lining remaining above rivet heads;

(7) One dial indicator with an adjustable mount, capable of accurately measuring ball joint or kingpin movement in increments of 0.001 of an inch or 0.0254 of a millimeter (not required for Type T or TL);

(8) One tire tread depth gauge, capable of accurately measuring tire tread depth 1/32 of an inch or 0.79375 of a millimeter;

(9) One tire pressure gauge, capable of measuring air pressure in pounds per square inch (psi), or kilopascal (kPa), for type of vehicle being inspected;

(10) One minimum 25-foot, or 7.62-meter tape measure, with clearly legible SAE or metric figures and markings; and

(11) Miscellaneous hand tools necessary to perform mechanical disassembly of vehicle components to conduct inspections, including one screwdriver, capable of spreading tire cuts and breaks to determine severity of damage.

C. Care, Calibration, and Certification of Inspection Tools and Equipment.

(1) Inspection tools and equipment shall be maintained in proper working order at all times.

(2) Inspection tools and equipment shall be kept together and available for use within close proximity to the inspection bay.

(3) Inspection tools and equipment requiring calibration shall be calibrated as required by the manufacturer, or a minimum of once each month, whichever is more frequent.

(a) The on-site licensee or designated supervisor of the inspection station shall ensure that inspection tools and equipment calibration is performed by a licensed inspector as required in §(5) of this regulation.

(b) The calibration of inspection tools and equipment owned or used by an inspector is the responsibility of the inspector who owns or uses the tool or equipment for inspections.

(4) The calibration and certification data specified in this regulation shall be:

(a) Recorded with respect to the calibration date specified in §C(3) of this regulation, in a format designated by the Division;

(b) Made available to Division personnel;

(c) Retained for at least 1 year or until released by the Division; and

(d) Supplied to Division personnel at the time of the station progress check, or upon request of a Division representative.

(5) The calibration and maintenance of the tools and equipment required in this regulation is the responsibility of the inspector utilizing the tools and equipment. Any required tools and equipment used for regulated functions within the station are subject to the same requirements regardless of the actual ownership.

(6) Maryland manufacturers, second-stage manufacturers, or authorized dealers:

(a) May calibrate the standard automotive air pressure gauge specified in §G(1) of this regulation daily;

(b) Shall certify the standard automotive air pressure gauge specified in §G(1) of this regulation at least semiannually; and

(c) Shall certify the scale or scales specified in §G(2) of this regulation at least semiannually.

D. Inspectors may use personal tools and equipment or inspection station-owned inspection tools and equipment provided that sufficient quantities of inspection tools and equipment are available at all times for the number of inspectors employed at the station.

E. The Division may add or delete inspection tools and equipment from those set forth in this regulation by notifying inspection stations. Inspection stations are required to obtain the additional equipment within 90 days of the official notification.

F. If any inspection tool or equipment is found to be inoperative, and there are no other approved tools or equipment available within the station, the supervisor shall have the equipment repaired or replaced within 72 hours. During this time, access to MSIS shall be suspended. Other issued materials may be retained by the inspection station. Vehicle inspections shall not be performed. SEROs not requiring the use of the inoperative tool or equipment may be inspected and certified if found to be compliant with the applicable regulations.

(1) If the inoperative equipment or tool is repaired or replaced within 72 hours, access to the MSIS shall be reinstated.

(2) If the equipment or tool is not repaired or replaced within 72 hours, access to the MSIS shall remain suspended. The inspection station shall remove the inspection station sign from public view. All other issued materials shall be retained by the inspection station. During this period, no inspections or repair order certifications may be performed.

(3) If the equipment or tool is not repaired or replaced within a total of 90 days, the inspection station license shall be canceled and all issued materials returned to the Division, except where a valid backorder receipt is in evidence. If the tool is not replaced within 6 months the station license will be canceled.

G. Maryland manufacturers, second-stage manufacturers, or authorized dealers operating in COMAR 11.15.27.08 and State-operated weight facilities shall be equipped with a:

(1) Standard automotive air pressure gauge as specified by the State Police in concurrence with the Maryland Department of Transportation; and

(2) Scale or scales capable of accurately measuring the weight of a lift axle on a vehicle equipped with a lift axle.

.08 Licensing Agreements.

A. Licensure as an inspection station is contingent upon compliance with the regulations contained in COMAR 11.14, and the licensee:

(1) Agrees to act in the best interest of the State and the general public and comply with these regulations and procedures of the Division;

(2) Acknowledges that actions or obligations of the inspection station are the direct responsibility of the inspection station licensee or the designated inspection station supervisor as stipulated in Regulation .03B of this chapter;

(3) Acknowledges that the inspection station supervisor has the responsibility and the authority within the business operation to supervise all activities related to the inspection program;

(4) Acknowledges that properly licensed inspectors assigned to the station are the only personnel allowed to perform vehicle inspections or inspection of defects identified on a SERO;

(5) Acknowledges that reference to actions or obligations of the inspection station have the same meaning and responsibilities as that of licensee or supervisor, as applicable to the inspection station;

(6) Acknowledges that the license may be revoked, suspended, or refused for the reasons provided in these regulations and, upon revocation, suspension, or refusal, the inspection station shall surrender the license and all related materials issued or supplied by the Division;

(7) Acknowledges that the Division reserves the right, in the interest of public safety and in determining compliance with the subtitle, to conduct covert vehicle inspections at inspection stations;

(8) Acknowledges that noncompliant action taken by inspection station personnel during a covert vehicle inspection is subject to the same administrative penalties as during an actual vehicle inspection;

(9) Acknowledges that all vehicles presented shall be fully inspected to satisfy the requirements of these regulations, and that certification shall not be applied to a vehicle unless:

(a) A vehicle inspection for the purpose of registration in the State of Maryland, or required to satisfy any other Maryland law or regulation, shall have all regulated and approved equipment inspected;

(b) A vehicle reinspection due to rejection during a previous inspection shall have all rejected equipment and any observed non-compliant equipment inspected; and

(c) A vehicle inspection for the purpose of certification of a SERO or Notice of Suspension shall have all the non-compliant equipment identified on the order inspected; and.

(10) Acknowledges that the “Vehicle Safety Inspection Bulletins” supply interpretation of a regulation, or provide guidance for procedures related to the vehicle safety inspection program for specific circumstances not covered by the Vehicle Inspection Handbook; and

(11) Acknowledges that the “Vehicle Safety Inspection Bulletins” are posted online and shall be referenced as required.

B. The licensee or their representative shall create and maintain an account in the MSIS after being placed active by the Division and acknowledges that:

(1) Electronic certification of vehicle inspection shall only be performed by the licensed inspector who performed the inspection under the unique login and password that electronically identifies the person in the MSIS; and

(2) The unique login and password that electronically identifies individual station personnel in the MSIS shall be protected and shall not be shared or otherwise revealed to anyone other than the person authorized under the unique login and password.

C. The licensee or their representative acknowledges that access to the MSIS may be denied for revocation or suspension of the station license, and if applicable, for non-payment of the account until the account is made current.

(1) Access to MSIS will cease upon the inspection station license being canceled, or the inspection station being placed inactive.

(2) Access to MSIS records for a business denied access shall require submission of a request for specific records to the Division.

D. Licensure as an inspector is contingent upon compliance with the regulations contained in COMAR 11.14, and the licensed inspector:

(1) Agrees to act in the best interest of the State and the general public and comply with these regulations and procedures of the Division;

(2) Acknowledges that the inspection station supervisor has the responsibility and the authority within the business operation to supervise all activities related to the inspection program;

(3) Acknowledges that the licensed inspector shall create and maintain an account in the MSIS after being placed active by the Division and that:

(a) Electronic certification of vehicle inspection shall only be performed by the licensed inspector who performed the inspection under the unique login and password that electronically identifies that person in the MSIS;

(b) The unique login and password that electronically identifies the licensed inspector in the MSIS shall be protected, and shall not be shared or otherwise revealed to anyone other than the licensed inspector authorized under the unique login and password; and

(c) Access to the MSIS may be denied by the inspection station due to termination of employment or other business requirements of the facility;

(4) Acknowledges that the inspector license may be revoked, suspended, or refused for falsification of facts or noncompliance with any of these regulations.

(5) Acknowledges that the Division reserves the right, in the interest of public safety and in determining compliance with the subtitle, to conduct covert vehicle inspections;

(6) Acknowledges that noncompliant action taken by inspection station personnel during a covert vehicle inspection is subject to the same administrative penalties as are during actual vehicle inspection;

(7) Acknowledges that all vehicles presented shall be fully inspected to satisfy the requirements of these regulations, and that certification shall not be applied to a vehicle unless:

(a) A vehicle inspection for the purpose of registration in the State of Maryland, or required to satisfy any other Maryland law or regulation, shall have all regulated and approved equipment inspected;

(b) A vehicle reinspection due to rejection during a previous inspection shall have all rejected equipment and any observed non-compliant equipment inspected; and

(c) A vehicle inspection for the purpose of certification of a SERO or Notice of Suspension shall have all non-compliant equipment identified on the order inspected; and

(8) Acknowledges that all materials issued by the Division, along with access to MSIS shall be denied if licensure as an inspector is revoked, suspended, or refused for falsification of facts or any other noncompliance with the regulations of this subtitle.

.09 Obligations of Inspection Stations and Inspectors. 

A. Inspections.

(1) The inspection station shall have an inspector perform an inspection of a vehicle presented for inspection. If an inspection cannot be performed when a vehicle is presented, an appointment shall be set for no more than 3 business days from the date the vehicle is presented, and a scheduled appointment shall be honored.

(2) Upon completion of a failed vehicle inspection, a Maryland State Vehicle Safety Inspection Receipt shall be provided listing all rejected equipment.

(3) Upon completion of a passed vehicle inspection, a Maryland State Vehicle Safety Inspection Receipt shall be provided.

(4) Upon request for any inspection, a complete Maryland State Vehicle Safety Inspection Report of all equipment inspected shall be provided to the person who presented the vehicle for inspection.

B. Inspection of Previously Rejected Equipment.

(1) A vehicle rejected during an initial inspection is subject to another inspection after repairs have been made before a certification of inspection may be submitted. A rejected vehicle shall be re-inspected within 30 days and within 1,000 miles of the initial inspection or the vehicle is ineligible to continue the previous inspection process and a new, separate inspection shall be performed. A prorated fee may be charged for inspection of equipment requiring lifting or disassembly to be inspected, based upon the inspection fees shown in §I of this regulation. If the vehicle cannot be re-inspected on the day presented, an appointment shall be scheduled within 3 business days of the day the vehicle was presented for re-inspection.

(a) If a vehicle is presented for inspection of previously rejected equipment, the inspector who performed the initial inspection shall re-inspect the rejected equipment, and any equipment visually observed, that fails to meet minimum safety standards.

(b) The inspector may charge a prorated fee, if applicable for the requested re-inspection.

(2) If the inspector who performed the initial inspection is not available, another licensed inspector at the station shall perform a new vehicle inspection. The prorated fee, which would have been applicable for the requested re-inspection, may be charged.

(3) If there is not a licensed inspector available at the inspection station to perform a new pro-rated inspection, the original inspection fee shall be immediately refunded to the owner or agent for the vehicle.

(4) If the facility's inspection station license is suspended or revoked, the initial inspection fee shall be refunded to the owner or agent for the vehicle.

(5) If the inspector’s license is suspended or revoked, the initial inspection fee shall be refunded to the owner or agent for the vehicle.

C. Inspection and Certification of SERO, and Notice of Suspension.

(1) The inspection station shall have an inspector perform a complete inspection of the defective equipment which is indicated on a SERO. Certification of a SERO shall only be completed after the rejected equipment has been inspected for compliance with the applicable regulations for minimum safety standards.

(2) The inspection station shall have an inspector perform a complete inspection of the defective equipment which is indicated on a Notice of Suspension issued to a vehicle. Certification of a Notice of Suspension shall only be completed after the rejected equipment has been inspected for compliance with the applicable regulations for minimum safety standards.

(3) Certification of a fictitious SERO as defined in Regulation .01B(13) of this chapter or any other document approved, issued, or required by the Division; that is an authentic document, prepared by Division personnel, containing information that may be fabricated for the purpose of submission for inspection and compliance is subject to the same administrative penalties as an official document. The inspection station or the inspection station personnel may not use as a defense, to a charge of violating any provision of this subtitle, that a fictitious document was presented to the inspector as part of a covert vehicle inspection.

D. The inspection station shall have available for use by all inspection personnel the Vehicle Inspection Handbook.

E. The inspection station shall permit only inspectors to perform inspections and only within the inspection bays.  Certification of defects on SEROs may be performed outside the inspection bays but only on the premises of the business.

F. The inspection station shall notify the Division of any of the following circumstances, and may be required to cease all inspection-related activities until authorized to resume by the Division:

(1) Loss of an inspector for any reason and no other inspector is actively employed at the station;

(2) Change in ownership, partnership, corporate representatives, or trade name;

(3) Change in location of the facility;

(4) Any remodeling or significant change to the inspection bays which shall be subject to Division approval;

(5) Request to cancel the license or application for license; or

(6) Any circumstance which prevents an inspection, the certification of an inspection, or the certification of a repair order.

G. Notifying the Division.

(1) The Division shall immediately be notified of the following circumstances:

(a) Change of inspection or supervisory personnel;

(b) Stolen, lost, or damaged sign, or records pertaining to inspection;

(c) Arrest or conviction of station personnel for any crime;

(d) Arrest or conviction of any motor vehicle laws, causing restrictions to be imposed on their driver's license, or loss of driving privileges of any inspector, including the issuance of a temporary license resulting from a DUI arrest;

(e) Any circumstance which may affect an inspector’s ability to conduct inspections, certify inspections or SEROs;

(f) The VIN is illegible or any indication of tampering is present;

(g) Any unauthorized access or use of MSIS is detected or suspected; or

(h) Any absence of inspection station personnel which would result in the inability of the inspection station to perform inspection-related activities for a period of time that exceeds 5 business days:

(2) The inspection station representative shall notify the Division immediately if the inspection station does not employ a licensed inspector to perform inspections on the type of vehicle or vehicles that the inspection station is authorized to inspect. If the inspection station does not employ an inspector, the inspection station shall remove the inspection station sign from public view, cease all vehicle safety inspection activities, and the inspection station status in MSIS shall be placed inactive by the Division.

H. The inspection station shall prominently display, so that it may be read by the public, the following Division issued and required items:

(1) Inspection station sign:

(a) The inspection station, when applicable, shall display the issued authorized inspection station sign on the property in a manner, visible to the public on the main thoroughfare where the business is located;

(b) An inspection station sign may not be displayed other than at a licensed inspection station;

(c) An inspection station sign may not be duplicated; and

(d) A facsimile or likeness of an inspection station sign shall not be displayed by an unlicensed facility;

(2) The inspection procedure chart in a frame and under clear glass or plastic; and

(3) The approved inspection fees list in a frame and under clear glass or plastic.

I. Inspection Fees.

(1) A licensed inspection station open to the public may establish a fee for a complete inspection based on the times listed in this section at the hourly rate charged for similar mechanical repairs. When additional disassembly is directed or required by the regulations contained in this subtitle to complete an inspection, appropriate fee increases may be authorized:

(a) Motor vehicles 10,000 pounds and under GVWR with 2 axles—1.5 hours;

(b) Motor vehicles 10,000 pounds and under GVWR with 2 axles which require bearing or axle removal to inspect brakes—1.5 hours, and add 0.5 hours for each wheel position removed;

(c) Motor vehicles over 10,000 GVWR with 2 axles equipped with hydraulic brakes, and which do not require bearing or axle removal to inspect brakes—1.5 hours, and add 0.5 hours for each wheel position equipped with dual wheels which are removed;

(d) Motor vehicles over 10,000 pounds GVWR with 2 axles which require bearing or axle removal to inspect brakes—3.0 hours, and add 0.5 hours for each additional axle wheel position removed;

(e) Motor vehicles over 10,000 GVWR with 2 axles equipped with air brake systems that do not require disassembly to inspect brake components—2.0 hours, and add 0.25 hours for each additional axle;

(i) With outboard brake drums or disc brakes requiring disassembly add 0.5 hours for each axle wheel position removed; and

(ii) With inboard brake drums requiring bearing or axle disassembly add 1.0 hour for each axle wheel position removed;

(f) Trailers under 10,000 pounds GVWR without brakes—0.5 hours;

(g) Trailers under 10,000 pounds GVWR with brakes—1.0 hour and add 0.5 hours for each additional axle;

(h) Trailers over 10,000 pounds GVWR with 2 axles;

(i) Without air brakes with outboard brake drums or disc brakes—1.0 hour and add 0.5 hours for each additional axle;

(ii) With inboard brake drums requiring bearing or axle disassembly—2.0 hours and add 0.5 hours for each wheel position removed;

(iii) Trailers with air brake systems that do not require disassembly to inspect brake components—1.25 hours, and add 0.25 hours for each additional axle;

(iv) Trailers with air brake systems equipped with outboard brake drums or disc brakes requiring disassembly add 0.25 hours for each wheel position removed; and

(v) Trailers with air brake systems equipped with inboard brake drums requiring bearing or axle disassembly add 1.0 hour for each wheel position removed;

(i) Motorcycles:

(i) Motorcycles with 2 wheels—0.75 hours and add 0.5 hours for each wheel position required to be removed; and

(ii) Motorcycles with 3 wheels—1.0 hour;

(j) School vehicle inspections required by the Motor Vehicle Administration shall have all wheel positions disassembled for inspection, measurement, and recording of brake component readings. Inspection Fees shall be based upon the hourly rate established in this regulation;

(k) Vehicles with post manufacture window tint applied to windows required to meet at least 35 percent light transmittance and compliant with all other post manufacture window tinting regulations under this subtitle—0.2 hours of hourly rate in addition to applicable inspection fees established under this section; and

(l) Vehicles with petroleum-powered auxiliary equipment subject to inspection—0.2 hours of hourly rate for each type of auxiliary equipment in addition to applicable inspection fees established under this section.

(2) A vehicle rejected during an initial inspection is subject to a reinspection after repairs have been made before a certification of inspection may be submitted.  A prorated inspection fee may be charged for the reinspection of those defects requiring jacking, lifting, or measuring to perform the inspection procedure. Defects that are repaired during the initial inspection may not be charged a reinspection fee but may be charged for the repair with the approval of the owner/agent for the vehicle. An inspection fee, if charged, will be based on defects inspection as set forth in this regulation. However, an additional fee may not be charged for the reinspection of those defects that may be visually inspected and do not require the use of inspection equipment.

(3) SERO Certification Procedures. Certification of a fictitious SERO as defined in Regulation .01B(13) of this chapter is subject to the same administrative penalties as an official document. A fee for certification of defects on a SERO may be charged as follows and based on the prevailing hourly labor flat rate at the inspection station. Those defects that can be merged shall be charged at the single highest rate, for example, tires and steering, 0.2 hours of the facility's hourly labor flat rate, or tires and wheel alignment, 0.3 hours of the facility's hourly labor flat rate. The inspection fee for multiple defects that can be merged may not be higher than the highest single time increment. Those which cannot be merged may be charged separately provided the total inspection fee is not exceeded. The inspection and certification for the defect “tint” for a vehicle that has had the tint removed, and therefore does not require the use of a window tint meter shall be performed without charge by an inspection station or by a police officer of an agency participating in the SERO program. An inspection fee may not be charged for the certification of a SERO with defects that may be visually inspected. These visual defects are noted with an asterisk on the SERO and do not require the use of inspection equipment. The inspection station may establish a fee for certification of a SERO that cannot be visually inspected based on the following fee charged for inspections:

(a) Defect #50 Brakes.

(i) Vehicles requiring wheel removal—0.5 hours of the facility's hourly labor rate per axle for removing each wheel and inspecting the brakes on each axle;

(ii) Vehicles under 10,000 pounds GVWR that require bearing or axle removal to inspect brakes—0.5 hours of the facility's hourly labor rate per wheel position;

(iii) Vehicles over 10,000 pounds GVWR that require bearing or axle removal to inspect brakes—0.75 hours of the facility's hourly labor rate per each wheel position; and

(iv) Vehicles with air brakes not requiring wheel removal for inspection—0.5 hours of the facility's hourly labor rate per axle.

(b) Other defects:

(i) Defect #51 Tires—0.2 hours of the facility's hourly labor rate per axle;

(ii) Defect #52 Steering—0.2 hours of the facility's hourly labor rate;

(iii) Defect #53 Exhaust system—0.3 hours of the facility's hourly labor rate;

(iv) Defect #54 Windshield wipers*;

(v) Defect #55 Headlights*—0.3 hours of the facility's hourly labor rate to check for aim, and an additional 0.1 hours may be added if an adjustment is needed;

(vi) Defect #56 Tail lights*;

(vii) Defect #57 Horn*;

(viii) Defect #58 Driver's seat—0.2 hours of the facility's hourly labor rate;

(ix) Defect #59 Suspension/shocks — 0.2 hours of the facility's hourly labor rate per axle;

(x) Defect #60 Bumper or bumpers*;

(xi) Defect #61 Glass* Tint—0.2 hours of the facility’s hourly labor rate to measure the light transmittance of windows equipped with post manufacture window tint that is required to have at least 35 percent light transmittance that is compliant with post manufacture window tinting regulations under this subtitle, excepting the light transmittance of the window;

(xii) Defect #62 load cover*;

(xiii) Defect #64 stop lights*;

(xiv) Defect #65 tag light or lights*;

(xv) Defect #66 dash lights*;

(xvi) Defect #67-wheel alignment—0.3 hours of the facility's hourly labor rate per axle;

(xvii) Defect #68 rearview mirrors*;

(xviii) Defect #69 door latch or door handle*;

(xix) Defect #70 fuel system—0.2 hours of the facility's hourly labor rate, except fuel cap*;

(xx) Defect #71 turn signals*;

(xxi) Defect #72 wheel or wheel lugs—0.2 hours of the facility's hourly labor rate per axle;

(xxii) Defect #73 hood catch or hood catches*;

(xxiii) Defect #74 floor/trunk pan or pans—0.2 hours of the facility's hourly labor rate;

(xxiv) Defect #76 fenders or flaps*;

(xxv) Defect #77 speedometer/odometer—0.2 hours of the facility's hourly labor rate;

(xxvi) Defect #78 hazard warning lamps*;

(xxvii) Defect #79 parking lamps*;

(xxviii) Defect #80 side marker lamps*;

(xxix) Defect #81 fog/auxiliary lamps*—0.3 hours of the facility's hourly labor rate to check for aim; and an additional 0.1 hours may be added if an adjustment is needed;

(xxx) Defect #82 emergency warning lamps*;

(xxxi) Defect #83 back-up lamp or lamps*;

(xxxii) Defect #84 reflectors*;

(xxxiii) Defect #85 external air brake components—0.3 hours of the facility's hourly labor rate per axle;

(xxxiv) Defect #86 low air warning device*;

(xxxv) Defect #87 clearance lamp*;

(xxxvi) Defect #88 identification lamps*;

(xxxvii) Defect #89 safety belts—0.3 hours of the facility's hourly labor rate;

(xxxviii) Defect #90 lift axle air/weight ratio—0.5 hours of the facility's hourly labor rate per lift axle; and

(xxxix) Defect #91 diesel emission—0.5 hours of the facility's hourly labor rate.

(4) Any type of inspection station open to the public may certify any defect on a SERO that is indicated as visually certifiable. Defects that can be visually certified are indicated by an asterisk after the defect on a SERO and as indicated above.

(5) A request for an inspection fee increase shall be submitted in a format approved by the Division and shall not be charged until the request is approved by the Division.

(6) No inspection fee may be charged without the associated record of the inspection being on file as applicable to the station's inspection reporting and certification process.

J. Division personnel shall have access to the inspection station facilities, inspection areas, all required records, and inspection station personnel during regular business hours to ensure the integrity of the vehicle safety inspection program.

K. A fictitious SERO as defined in Regulation .01 B(13) of this chapter or any other document approved, issued, or required by the Division; that is an authentic document, prepared by Division personnel that contains information that may be fabricated for the purpose of submission for inspection and compliance is subject to the same administrative penalties as an official document. The inspection station or the inspection station personnel may not use as a defense, to a charge of violating any provision of this subtitle, that a fictitious document was presented to the inspector as part of a covert vehicle inspection.

.10 Obligations of Maryland Manufacturers, Second-Stage Manufacturers, and Dealers.

A. Maryland manufacturers, second-stage manufacturers, or authorized dealers certifying SEROs under COMAR 11.15.27 are responsible for supplying a list of individuals authorized to certify SEROs to ASED and shall notify ASED of changes to the list within 10 days.

B. Fees for inspection or certification of SEROs under COMAR 11.15.27 shall meet the requirements for approved fees listed in Regulation .09 of this chapter.

.11 Records.

A. Vehicle inspection records are maintained electronically in MSIS for each station. Each inspection station shall create and maintain a pre-numbered or electronically generated shop management work order that cross-references an internal work order to the inspection, or any inspection-related repair action performed by the station, and have those work orders available to the Division for at least 1 year. Other vehicle inspection information shall be maintained for each vehicle inspection as follows:

(1) Station copies of completed Post Manufacture Window Tint Inspection Reports shall be maintained for at least 1 year from the date of certification;

(2) Station copies of completed Division issued Post Manufacture Window Tint Medical Exemption Forms shall be maintained for at least 1 year from the issue date of the form;

(3) Station copies of completed Division issued Physical Disability Medical Exemption Inspection Vehicle Equipment Forms shall be maintained for at least 1 year from the issue date of the form; and

(4) The Division may require the inspection station to maintain certain other administrative records pertaining to the inspection process.

B. Vehicle Inspection Data.

(1) The Inspector shall accurately record the required owner or owner’s agent information, the specific vehicle identification and information, and the status of the vehicle equipment at the time of inspection in MSIS for each vehicle safety inspection.

(2) All vehicle inspection data shall be entered in MSIS by the licensed inspector who performed the inspection under their unique MSIS login.

(3) MSIS automatically saves all the data for each inspection, and the status of the vehicle equipment at the time of inspection.

(4) MSIS may generate a complete record of the inspection upon request.

C. Permission shall be obtained from the vehicle owner/agent before any repair resulting from an inspection is performed at the authorized inspection station. If any such repair work over $50 is necessary, this permission should be in writing. All the requirements of the auto repair facilities law, Commercial Law Article, Title 14, §10, Annotated Code of Maryland, shall be complied with by each authorized inspection station.

.12 Vehicle Sale or Transfer of Ownership.

A. An inspection is required when a used vehicle is sold or ownership is transferred or when a used vehicle is to be titled and registered in the State. As requested by a vehicle owner, the owner's agent, or dealer, an inspector at an inspection station shall perform a complete inspection, as set forth in this subtitle.

B. An inspection is not required for:

(1) Sales or transfers of used vehicles to a licensed or foreign dealer;

(2) Sales or transfers accompanied by a signed statement by the purchaser or transferee that the sale or transfer is made for rebuilding, as defined in Regulation .01B(35) of this chapter, or dismantling the vehicle;

(3) Transfers between spouses or former spouses when the transfer occurs as a result of a settlement or court order predating the divorce;

(4) Transfers between parent and child;

(5) Transfers of co-owned vehicles when a co-owner's name is being removed from the title;

(6) Sales or transfers of used vehicles which are not to be both titled and registered in the State;

(7) Transfers of used vehicles among State agencies;

(8) Transfers of used vehicles as described in Transportation Article, §13-503.2, Annotated Code of Maryland;

(9) The transfer of a used vehicle into a written inter vivos trust in which the transferor is the primary beneficiary;

(10) The transfer of a used island vehicle, as defined in Transportation Article, §13-935, Annotated Code of Maryland, registered, or to be registered, as a Class K (farm area/island) vehicle; or

(11) The transfer of a leased used vehicle to the lessee at the end of the lease term.

C. If a used vehicle is transferred other than by voluntary transfer or is transferred by a political subdivision of the State after that subdivision obtains the vehicle by proceedings under Criminal Procedure Article, Title 12, Annotated Code of Maryland, the transferee shall obtain the inspection certificate from an authorized inspection station.

.13 Inspection Certification.

A. Upon successful completion of an inspection of a vehicle that has met or exceeded minimum safety standards as set forth in these regulations, and before the vehicle leaves the licensed inspection station, the inspector who performed the inspection shall certify the vehicle by accurately and factually recording all data required in a format established by the Division.

(1) The inspection certification shall include the following vehicle information;

(a) The VIN, either the manufacturer's or if applicable, a state-assigned VIN obtained from the vehicle;

(b) The model year of the vehicle;

(c) The make (manufacturer name) of the vehicle;

(d) The model of the vehicle;

(e) The major color of the vehicle;

(f) The odometer reading obtained from the vehicle at the beginning of the inspection; and

(g) The odometer reading obtained from the vehicle on the date of certification of the inspection.

(2) The inspection certification may be electronically transmitted, or printed and supplied to the owner or agent of the vehicle.

(3) The inspection certification shall be electronically transmitted to the Administration by MSIS when submitted by the Inspector.

B. The inspection certification shall remain valid for 90 calendar days from the date of the vehicle inspection certification.

C. An inspection certification for a used vehicle owned and held in inventory by a dealer licensed under Transportation Article, Title 15, Annotated Code of Maryland, shall remain valid for 6 months or 1,000 miles from the date of certification, whichever occurs first.

D. A vehicle titled and registered with the Administration may be transferred and retitled to another owner within 30 days from the date of the inspection certification without another inspection certification being performed.

.14 Safety Equipment Repair Orders (SERO).

A. Hand Written SERO. The vehicle owner/agent shall present the No. 3, 4, and 5 copies of the SERO to an inspection station, or to a police officer, as applicable. If the defects have been corrected and meet or exceed established safety standards, the inspector, or police officer shall complete, sign, and certify the SERO using the method required for SERO inspection certification contained in Regulation .09 of this chapter in the space provided and copies shall be distributed as follows:

(1) Number 3 (inspection station/police department) copy—may be retained on file as required;

(2) Number 4 (owner/agent) copy—returned to the vehicle/agent for his records; and

(3) Number 5 (State Police compliance copy— returned to the vehicle owner/agent to be forwarded to the Division.

(4) Important instructions for the vehicle owner and authorized inspection station are on the reverse sides of the owner's and inspection station copies.

B. Electronic Safety Equipment Repair Order (E-SERO). The vehicle owner/agent shall present both part 1 Vehicle Owner/Agent copy and part 2 State Police Compliance copy of the E-SERO to an inspection station, or police officer, as applicable. Important instructions for the vehicle owner and licensed vehicle inspector are on part 2 of the E-SERO. If the defects have been corrected and meet or exceed established safety standards, the inspector, or police officer shall complete, sign, and certify the E-SERO using the method required for inspection certifications contained in Regulation .09 of this chapter in the space provided and copies shall be distributed as follows:

(1) Part 1, Vehicle Owner/Agent Copy—returned to the vehicle owner/agent for their records; and

(2) Part 2, State Police Compliance Copy—returned to the vehicle owner/agent to be forwarded to the Division.

C. If a notice of suspension is presented for certification, the procedures set forth in §A of this regulation will apply and the copies shall be distributed as follows:

(1) Letter, white copy—returned to vehicle owner/agent to be forwarded to the Division;

(2) Yellow, inspection station/police department copy—may be retained on file as required; and

(3) Goldenrod, owner/agent copy—returned to vehicle owner/agent.

D. A dump service registration vehicle registered under COMAR 11.15.27 that receives a SERO for an inaccurate lift axle air/weight ratio shall be inspected during normal business hours by:

(1) A Maryland manufacturer;

(2) A Maryland second-stage manufacturer;

(3) An authorized dealer; or

(4) A State-operated weight facility.

E. A vehicle owner/agent receiving a SERO under COMAR 11.15.27.08C shall present for certification the No. 3, 4, and 5 copies of the SERO to:

(1) A Maryland manufacturer;

(2) A Maryland second-stage manufacturer;

(3) An authorized dealer; or

(4) A State-operated weight facility.

F. A diesel vehicle as defined in COMAR 11.21.02.01 that receives a SERO for violating emissions standards under COMAR 11.21.02.06 shall be inspected during normal operating hours by:

(1) A Maryland emissions inspector; or

(2) A diesel emissions inspector in Maryland as required in COMAR 11.21.02.08.

G. A vehicle owner/agent receiving a SERO under COMAR 11.21.02 shall present for certification copies 3, 4, and 5 of the SERO to a:

(1) Maryland emissions inspector; or

(2) A diesel emissions inspector in Maryland as required in COMAR 11.21.02.08.

.15 Suspension of Vehicle Registration.

A. Whenever the owner of a vehicle fails to comply with a SERO within the time required by law, a notice of suspension of the registration of the vehicle shall be issued.

B. Whenever the owner of a vehicle fails to comply with a notice of suspension that requires the registration plates to be returned to the Administration within 10 days, a tag pick-up order shall be issued. The registration plates are subject to confiscation by a police officer, as defined in Transportation Article, §23-101(g), Annotated Code of Maryland, following procedures established by the Division, and shall be forwarded to the Administration upon confiscation.

C. The Administration, upon confirmation from ASED, or satisfactory proof of correction of defective equipment, shall remove the order of suspension and issue new registration plates to the owner of the vehicle if applicable.

.16 Administrative Actions.

A. Violations of the regulations contained in this subtitle will be investigated by the Division. The Division will provide written notification of any sustained administrative action to the representative for the Inspection Station License and the Licensed Inspector of record in the investigation.

(1) The written notification will contain a proposed resolution for any sustained violation under Regulation .02 of this chapter.

(2) Failure to submit a written appeal within 30 calendar days of receipt of the written notification of violation and the proposed resolution will be deemed as having waived all rights to appeal, and the proposed action shall become accepted and final.

B. Violations of the regulations contained in this subtitle that involve critical vehicle equipment or multiple violations of the regulations as established in Regulation .02 of this chapter shall result in emergency suspension action in accordance with State Government Article, §10-226, Annotated Code of Maryland if:

(1) The Division finds that the public health, safety, or welfare imperatively requires emergency action; and

(2) The Division promptly provides the representative for the Inspection Station License and the Licensed Inspector:

(a) Written notice of the emergency suspension which includes the finding and the reasons that support the finding; and

(b) An opportunity to be heard in appeal.

C. Appeals will be handled in accordance with State Government Article, §10-205, Annotated Code of Maryland, and COMAR 29.01.01.

 

11.14.02 Vehicle Equipment Inspection Standards

Authority: Transportation Article, §12-104(b), §22-104, §23-101-23-105, §24-106.1, and §25-110,

Annotated Code of Maryland

.01 Applicability.

A. The standards, requirements, and procedures outlined in this chapter are applicable to regulated equipment required by federal and state regulations on vehicles registered or to be registered by the administration for on-road use that are subject to a vehicle safety inspection. Equipment not designed for on-road vehicle operation shall not be approved for use during on-road vehicle operation. Equipment installed for off-road operation shall not be in use while the vehicle is operated on-road. Any questions regarding these standards, requirements, or procedures shall be referred to the Automotive Safety Enforcement Division (ASED) of the State Police. Any person constructing or reconstructing a vehicle shall ensure the vehicle meets or exceeds all applicable Federal and State safety standards.

B. Commercial vehicles may have other specific regulations due to the nature of their intended use and Federal Motor Carrier Safety Administration (FMCSA) regulations contained in 49 CFR §393. The FMCSA requirements are not fully provided by the regulations contained in this chapter and may place additional requirements for vehicle inspections by enforcement agencies during the operation of commercial vehicles.

C. Damage, deterioration, wear, modification, or missing vehicle equipment that adversely impacts the proper operation and function of the equipment shall be cause for rejection of the equipment or component. Conditions that do not adversely impact the function of the equipment are not cause for rejection of the equipment or component provided documented support from the manufacturer is referenced.

D. A vehicle not manufactured or constructed as a complete vehicle by a generally recognized vehicle manufacturer (specially constructed vehicle) shall be required to meet or exceed all applicable established minimum standards for a vehicle of the same model year in which the vehicle was constructed and titled as established in COMAR 11.14.

E. A motor vehicle modified to enable a person with a disability to operate, or ride in as a passenger is exempted from the “make inoperative” prohibition of 49 U.S.C. §30122 to the extent that those modifications do not affect the motor vehicle's compliance with the Federal Motor Vehicle Safety Standards (FMVSS) or portions thereof specified in 49 CFR §595.7. Modifications that would take a vehicle out of compliance with any other FMVSS, or portions thereof, are not covered by this exemption.

(1) A motor vehicle that has been modified for operation by persons with a physical disability under the authority of 49 CFR §595.7 must be equipped with the permanent label affixed to the vehicle by the modifier which contains the statement, “This vehicle has been modified in accordance with 49 CFR §595.7 and may no longer comply with all FMVSS in effect at the time of its original manufacture.” The modifier is required to supply documentation to the vehicle owner which shall:

(a) Identify the vehicle that has been modified;

(b) Contain a list of the FMVSS which the vehicle is no longer in compliance with;

(c) Indicate any reduction in the load-carrying capacity of the vehicle of more than 100 kg (220 lb.) after the modifications are completed; and

(d) State whether the weight of a user's wheelchair is included in the available load capacity.

(2) Upon the request of a vehicle owner with a physical disability, ASED personnel shall examine the documentation and the vehicle VIN to determine compliance with 49 CFR §595.7.

(a) If the documentation and the vehicle label properly identify the vehicle safety equipment that was decertified under 49 CFR §595.7 and matches the VIN of the vehicle presented, ASED personnel shall complete the form, Physical Disability Medical Exemption for Vehicle Equipment.

(b) The form shall be delivered to the vehicle owner for presentation at a licensed inspection station, to authorize an inspector to perform a modified vehicle safety inspection of the vehicle with the decertified equipment on the form exempt from compliance with the specified regulations. The Division shall retain a copy of the form. 

(3) A vehicle that has been properly equipped to allow operation by persons with a physical disability and presented with a Physical Disability Medical Exemption for Vehicle Equipment form, issued by ASED personnel, will have all regulated equipment as required by the regulations contained in COMAR 11.14. The decertified equipment which has been identified by the label and documentation described in this regulation are still subject to inspection for broken, missing, or otherwise unsafe conditions.

F. A vehicle specially constructed as a replica of a previously manufactured vehicle does not qualify as a historic vehicle or a vehicle of unique interest as defined by the Motor Vehicle Administration for registration. A vehicle as described in this regulation shall meet all applicable established minimum standards for a vehicle of the same model year in which the replica vehicle was actually constructed and titled with the following exceptions.

(1) Regulation .23§C(1) of this Chapter. If the original counterpart of the specially constructed vehicle was manufactured without side marker lamps, side marker lamps are not required on the replica.

(2) Regulation .12B of this Chapter. If the original counterpart of the specially constructed vehicle was manufactured without fenders or with fenders that do not meet current established minimum standards, the specially constructed vehicle need only conform to the exact design of its original counterpart to meet the requirements for fenders.

(3) Regulation .13 of this Chapter. If the original counterpart of the specially constructed vehicle was manufactured without bumpers, with concealed bumpers, or with bumpers that do not meet current established minimum standards, the specially constructed vehicle need only conform to the exact design of its original counterpart to meet the requirements for bumpers.

(4) Regulation .23§A(13) of this Chapter. If the original counterpart of the specially constructed vehicle was manufactured without a center high mounted stop lamp. A center high mounted stop lamp is not required on the replica.

G. Recommended procedures for the inspection of vehicles are provided in the Inspection Procedure Chart which is established in COMAR 11.14.01.09§H(2)(a) and issued by the Division. These procedures are guidelines rather than required order of operations, however, performing vehicle safety inspections following these procedures will help develop a logical system for consistency in the vehicle safety inspection program.

H. All motor vehicles shall be subject to a minimum of at least a one-mile road test during vehicle safety inspections, inspections due to the issuance of a SERO, or a previous rejection during an inspection as applicable. The steering, suspension, braking, and handling characteristics of motor vehicles will be inspected during this actual road operation.

I. Type 1 and Type 2 School Vehicles may have other specific regulations due to the nature of their intended use, and as required by federal and State requirements. Type I and Type II school vehicle construction standards are established by COMAR 11.19.02 and 11.19.03. Additional requirements for vehicle inspection by enforcement agencies during operation of school vehicles may be required. Any questions regarding these standards or specifications shall be referred to the School Vehicle Safety Section of the Maryland Motor Vehicle Administration.

J. Fluid leakage shall be inspected and identified by class level as listed in the following table:

 

Leakage

Conditions

Actions

Class-1

Seepage of fluid, as indicated by wetness or discoloration, but does not form drops

No Action Required

Class-2

Fluid leakage forms drops but does not cause drops to fall from the item being inspected

Advise Owner/Agent

Class-3

Leakage of fluid that causes drops to fall from the item being inspected

Reject Equipment

 

K. Threaded fasteners, shall engage the threads to ensure proper retention. This thread engagement shall be to a depth of at least:

(1) Steel fasteners – 1 to 1 ½ times the diameter of the fastener; and

(2) Aluminum fasteners ­– 1 ½ to 2 times the diameter of the fastener.

.02 Steering, Alignment, and Suspension.

A. Inspect the entire steering system for missing, loose, damaged, or unapproved components that may adversely affect the proper operation or function of the steering system. Consult the applicable manufacturer’s procedures for the correct method of lifting all vehicles for steering and suspension inspection. Motor vehicles shall be test-driven as a part of the safety inspection to ensure that adverse or undesirable steering or handling conditions are not present.

(1) Vehicle equipment that has been decertified from compliance with all FMVSS, as authorized under 49 CFR §595.7, may be exempt from meeting the requirements of the regulations specific to that equipment, provided the proper documentation from the Division is presented with the vehicle.

(2) Steering Wheel. The steering wheel shall be inspected to determine if it is circular (complete rim) and free of cracks, breaks, objects, or conditions that will interfere with the safe steering of the vehicle. The steering wheel shall be equivalent to original equipment in material strength and diameter but shall be no less than 13 inches in diameter under any condition.

 

Reject Vehicle If:

(a) The steering wheel rim is broken or altered to the point it is not continuous, or there is loose covering material.

(b) There are cracks that could catch or snag on clothing, hands, or jewelry.

(c) The steering wheel is not equivalent to original equipment in material, strength, diameter, or is less than 13 inches in diameter.

(d) The steering wheel has object attached which interferes with safe steering, except as provided for in §(3) of this regulation.

(3) Hand Controls. Hand controls or other special equipment for physical disability are acceptable provided that the requirements defined in Regulation .01E(3) of this chapter have been met. If the vehicle cannot be operated by the inspector due to authorized modifications, the owner/agent of the vehicle may operate the vehicle for the inspector.  A steering knob is acceptable equipment for operation by a person with a physical disability without having to meet the requirements defined in Regulation .01E(3) of this chapter.

Reject Vehicle If:

(a) The hand controls or other special equipment for physical disability are not readily accessible to the operator or are binding, damaged, or jammed. Consult the equipment operating manual if needed during inspection.

(b) The hand controls or other special equipment interfere with the normal function of regulated vehicle equipment, and the vehicle does not meet the requirements defined in Regulation .01E of this chapter.

(4) Energy Absorbing Steering Column and Steering Coupling. Passenger cars, multipurpose passenger vehicles, trucks, and buses up to 10,000 pounds (4,536 kg) GVWR built on or after January 1, 1968, are required to be equipped with energy absorption systems, and some vehicles over 10,000 pounds (4,536 kg) GVWR may also be equipped with these systems. If so equipped, the column shall be inspected for objects attached that would prevent collapse under impact, and for indications of improper column mounting or defective shear capsule. Disassembly of the vehicle dash for inspection of this equipment is not required unless there are indications of improper column mounting or a defective shear capsule. An under-hood inspection of the collapsible steering shaft, shear pins, or mesh-type material shall be performed. Steering couplings shall be inspected for any unsafe condition. Modifications to the energy absorbing steering column shall not be permitted.   

 

Reject Vehicle If:                                           

(a) Inside passenger compartment:

(i) Objects (tachometer, etc.) are mounted on steering column equipped with an energy absorption system; or

(ii) The column is improperly mounted, shear capsule is separated from bracket, or wheel and column are not properly secured or mounted.

(b) Under Hood/Vehicle Exterior:

(i) The shear pins or other collapsible components of the column assembly are damaged, loose, missing, modified, or otherwise not as originally designed and adversely affect the operation of the vehicle; or

(ii) The steering coupling component is damaged, loose, missing, modified, or otherwise not as originally designed.

(5) Steering Lash. Inspect the steering system lash to determine whether any condition exists that would adversely affect the steering of the vehicle. The vehicle shall be on a dry surface. Inspect with the front wheels in the straight-ahead position. Steering lash on a vehicle equipped with a steering box is inspected based on the diameter of the steering wheel. Turn the steering wheel until the turning motion can be observed at the road wheels and note the steering wheel position. Next, turn the steering wheel in the opposite direction until the turning motion can be observed at the road wheels and note the second position of the steering wheel. Measure the distance between the noted positions of the steering wheel and use the steering wheel diameter if applicable to determine the maximum allowable lash of the steering (unless the manufacturer specifies less movement allowed) as listed in this regulation.    

Reject Vehicle If:

(a) A vehicle equipped with a steering box:

(i) The steering lash measured on a steering wheel diameter up to 16 inches exceeds 2 inches;

(ii) The steering lash measured on a steering wheel diameter up to 18 inches exceeds 2 ¼ inches;

(iii) The steering lash measured on a steering wheel diameter up to 20 inches exceeds 2 ½ inches; or

(iv) The steering lash measured on a steering wheel diameter up to 22 inches exceeds 2 ¾ inches.

(b) A vehicle equipped with rack and pinion steering has steering lash measured on a steering wheel that exceeds 0.4 inches (10mm).

(6) Steering Travel. Inspect the steering system travel by turning the steering wheel through a full right and a full left turn. There shall be no binding, jamming, inconsistent steering effort, excessive play, or other condition that adversely affect steering operation during this inspection.

Reject Vehicle If:

Any roughness, jamming, binding, inconsistent steering effort, excessive play, or other condition which adversely affect steering operation is present when turning the wheels from full right to full left.

(7) Steering Linkage. Lift the vehicle according to the manufacturer’s procedure and grasp the front and rear of the tire and attempt to move the assembly, feel and observe for excessive movement. Grasp the steering linkage components by hand to detect any physical or visual looseness in ball and socket joints or misalignment of steering linkage. Misalignment of steering linkage that results in alignment angles that cannot move in the same “arc” of movement up and down as the suspension may cause binding or unacceptable steering and handling. Inspect the steering box or the rack and pinion assembly, as applicable.

 

Reject Vehicle If:

(a) Movement is in excess of the manufacturer’s recommendation;

(b) There is any looseness that can be felt by hand in tie rod or drag link balls and sockets;

(c) A ball and socket joint has missing or torn boot;

(d) A joint is not secured with cotter pins or other locking devices;

(e) The steering stops allow tire to rub frame, metal, or other chassis parts;

(f) The tie rods, tie rod ends, center link, drag link, pitman arm, or idler arm are misaligned;

(g) Linkage movement is restricted or impeded by any condition; or

(h) Steering linkage angles have been altered to the extent that component function is adversely affected.

(8) Manual Steering. Manual steering units contain fluid for internal lubrication. Inspect the steering box or rack and pinion, as applicable, for proper mounting, damage, leakage, and proper function. Rack and pinion steering is equipped with bellows covering the ends of the rack to prevent debris from contaminating the rack and pinion teeth and damaging the fluid seals. Fluid visible in or from the bellows indicates fluid seal failure.

Reject Vehicle If:

(a) The steering box or steering rack is not properly mounted;

(b) The steering box or steering rack is damaged to adversely affect function;

(c) The steering box or steering rack has Class-3 leakage;

(d) The manual steering box or rack and pinion assembly, as applicable, is damaged, loose, leaking, or proper steering movement is restricted or impeded by any condition;

(e) A steering rack bellows are missing, damaged, or not secured to prevent the bellows from shifting position; or

(f) Fluid is present or leaking from rack and pinion bellows indicating a fluid seal leak is active.

(9) Power Steering. Inspect the operation and condition of the power steering. Integral power steering systems are lubricated by the power steering fluid rather than having a separate lubrication fluid. Inspect the fluid reservoir and reservoir cap condition, fluid level, component mounting, belt condition, or the condition of electrical components for electrical power steering. Surface corrosion on metal components is not a cause for rejection. Visual indications of system leakage shall be confirmed by inspection with the engine running. Power steering systems that function properly and are filled to the manufacturer’s recommended fluid levels that do not have visual indications of leakage are not required to be inspected for leakage with the engine running. Rubber power steering hoses shall be inspected to ensure they are firm but flexible, not hard and brittle, or soft and spongy.

Reject Vehicle If:

(a) The power steering does not function properly;

(b) The steering component has Class-3 leakage;

(c) The fluid level is less than the manufacturer's recommendation, or is contaminated;

(d) The belts are frayed, loose, missing, or damaged;

(e) The fluid reservoir or cap is damaged, loose, or missing;

(f) A hose, tubing, fitting, or connection has been chafed or rubbed by moving parts, rubber is cracked to expose cords, are not secured against damage, are leaking, cracked, chafed, bulging, flattened, restricted, or are rusted to a point of flaking or pitting. Surface rust is not a cause for rejection;

(g) A rubber power steering hose is hard and brittle, or soft and spongy indicating severe deterioration;

(h) Electrical components are disconnected, missing, damaged, or not secured against damage;

(i) A mount or parts are missing, loose, or broken;

(j) The steering rack bellows are damaged, or not secured to prevent the bellows from shifting position; or

(k) The power steering box or rack and pinion assembly, as applicable, is damaged, loose, leaking, or proper steering movement is restricted or impeded by any condition.

(l) Fluid is present or leaking from rack and pinion bellows indicating a fluid seal leak is active.

Agency Note: Bellows protect the rack and the fluid seals. Fluid visible in or from the bellows indicates fluid seal failure. 

(10) Motorcycle Steering Head, and Handlebars. With the front end of the motorcycle raised, grasp both fork legs and apply forward and backward force to inspect for loose adjustment or play in steering head bearings or bushings. Turn handlebars from side to side and inspect for roughness in bearings or bushings. Inspect for the presence of stops to prevent the handlebars, forks, or triple tree from contacting other parts of the vehicle. Inspect handlebars for cracks, deformation, proper alignment, mounting height, width, and hand grips. Apply upward and downward force to handlebars to inspect for excessive flexing.

Reject Vehicle If:

(a) There is noticeable play or roughness in the steering head bearings or bushings, or there is obstructed rotation to the left and the right. Drag from a steering damper is not cause for rejection;

(b) Stops are missing or do not prevent contact of the handlebars, forks, or triple tree with the fuel tank or other equipment;

(c) The handlebars are cracked, deformed, improperly aligned, not constructed of adequate material, or show excessive flexure other than flexure from rubber mounts;

(d) Handlebars are less than 18 inches in overall width at the handgrips;

(e) Handgrips are missing or loose; or

(f) Handgrips are positioned more than 20 inches above the lowest portion of the operator's seat position.

B. Electronic Stability Control (ESC).

(1) Beginning on or after September 1, 2008, a certain percentage of passenger cars, multipurpose passenger vehicles, trucks, and buses with a GVWR of 10,000 pounds (4,536 kg) or less, are required to be equipped with ESC according to the phase-in schedule specified in of 49 CFR §571.126.S8. All such vehicles manufactured on or after September 1, 2011, must comply with this standard. The system may include an “ESC Off” or other control that places the system in “default” mode, or normal steering.

(2) All buses with a GVWR greater the 33,000 pounds (14,969 kilograms) manufactured on or after June 24, 2018, and all buses manufactured on or after August 1, 2019, are required to be equipped with ESC according to the 49 CFR §571.136.S8.

(3) ESC systems use computer-controlled augmentations to enhance vehicle directional stability by applying and adjusting the vehicle brakes and modifying engine torque to induce a correcting yaw movement to a vehicle based upon driver input. The system may include an “ESC Off” or other control that places the system in “default” mode, or normal steering. A vehicle required to be equipped with ESC shall be inspected to ensure that the ESC is present and functioning as designed. Some vehicles are equipped with a Traction Control System (TCS) which utilizes the anti-lock system to control wheel spin during acceleration.

 

Reject Vehicle If:

(a) The electronic stability control system warning light does not self-check;

(b) The electronic stability control system warning light remains lit indicating a possible system fault or failure;

(c) The electronic stability control system warning light activates during normal operation of the vehicle;

(d) The electronic stability control system malfunction adversely affects vehicle's normal operation;

(e) The electronic stability control system has missing, loose, damaged, worn, or improperly mounted components; or

(f) The electronic stability control system is disconnected, disabled, or removed.

C. Wheel Alignment. Wheel alignment settings are adjusted in degrees or fractions of an inch and cannot be properly adjusted visibly, and require specific alignment equipment to correct a misalignment. Wheel misalignment severe enough that it can be detected visibly requires special attention. Undesirable steering or handling conditions during a required test drive are indications of a misalignment condition. The use of alignment equipment for the inspection of wheel alignment during any inspection may not impose a fee without prior approval from the owner/agent of the vehicle.

(1) Abnormal tire wear may also indicate misalignment. Abnormal tire wear shall be determined by a comparison of the tread depth measurements taken in the outermost major tread groove and the innermost major tread groove of each tire being inspected. Tread depth measurements that result in a difference of 4/32 of an inch or more shall indicate wheel misalignment.

(2) Motorcycle alignment includes inspection of the steering fork tubes and front tire alignment and rear suspension systems alignment to the vehicle. Move the vehicle at least the length of the wheelbase and observe if the rear tire follows in a straight line with the front tire.

Reject Vehicle If:

(a) Excessive alignment angles are measured or observed during the inspection;

(b) Abnormal tire wear indicates misalignment as described in this regulation;

(c) Adverse steering or handling conditions are evident during the test drive; or

(d) Rear wheel alignment has any of the following:

(i) Rear wheel track does not follow the front wheel track in “straight-ahead” operation;

(ii) The left-side wheelbase is more than one inch in difference from the right-side wheelbase unless specified by the manufacturer to indicate otherwise;

(iii) The front tire is not properly aligned to the forks or tubes of the steering head assembly; or

(iv) The swingarm or rear tire/wheel assembly is not properly aligned to the vehicle, or front to rear wheel alignment exceeds one inch of misalignment.

D. Suspension. Inspect the suspension system for missing, damaged, worn, corroded, or modified equipment components that would adversely affect vehicle stability. Movement observed in ball joints, kingpins, or other suspension joints designed to allow articulation or turning motion in the suspension, found to have movement shall be measured, recorded, and rejected for excessive movement as required. It is not required to measure the amount of observed movement of ball joints or other components specified by the manufacturer for rejection. Ball joints, kingpins, and other articulating suspension joints specified for no observed play allowed shall be recorded as “0” for specification and measurement of ball joints.

(1) Front Axle Ball Joints (Without Wear Indicators). Inspect ball joints per the manufacturer's procedures and specifications.  If the vehicle manufacturer specifies ball joint inspection for vertical movement, only use moderate force to exert upward pressure during the inspection. Excessive force may falsely generate excessive movement. Ball joint boots that are damaged or missing shall be rejected. Ball joints shall be rejected if the ball joints do not turn freely. Unless specified otherwise, a ball joint is normally unloaded by lifting the vehicle to remove the weight and tension from the ball joint.

Reject Vehicle If:

(a) The ball joint movement is in excess of the manufacturer's specifications;

(b) The ball joint movement is restricted or impeded by any condition;

(c) The ball joint is equipped with a tightener or repair kit. Ball joint alignment or control bushings are not to be considered repair kits or tighteners;

(d) The ball joint has been repaired by heating or bending the socket assembly to eliminate excessive movement;

(e) The ball and socket joint has missing or torn boot; or

(f) The joints are not secured with cotter pins or other locking devices.

(2) Front Axle Ball Joints (With Wear-Indicators). Wear-indicating ball joints shall be inspected per the manufacturer's procedures and specifications. Ball joint boots that are damaged or missing shall be rejected. Ball joints shall be rejected if the ball joints do not turn freely.

 

 

 

Reject Vehicle If:

(a) The ball joint manufacturer's wear indicator does not meet the manufacturer’s specifications;

(b) The ball joint movement is in excess of the manufacturer's specifications;

(c) The ball joint movement is restricted or impeded by any condition;

(d) The ball joint is equipped with a tightener or repair kit. Ball joint alignment or control bushings are not to be considered repair kits or tighteners;

(e) The ball joint has been repaired by heating or bending the socket assembly to eliminate excessive movement;

(f) The ball and socket joint has missing or torn boot; or

(g) The joints are not secured with cotter pins or other locking devices.

(3) MacPherson Strut Upper Bushing or Bearing. The upper bushing or bearing (as equipped), is the load-carrying component of a steerable (front axle) MacPherson Strut suspension system and shall be inspected unloaded for missing, frozen, damaged, worn, corroded, or modified conditions.

 

Reject Vehicle If:

(a) The strut upper bushing or bearing has excessive movement;

(b) The strut movement is restricted or impeded by any condition; or

(c) The strut mount has any damaged, worn, rusted, modified condition, or missing parts.

(4) Kingpins. Inspect kingpins to determine if there are any missing, rusted, broken, or worn parts that may adversely affect the steering or suspension of the vehicle. Hoist the vehicle under the axle or control arm and grasp the top and bottom of the tire and attempt to move the assembly in and out to inspect for horizontal movement. Lift the tire/wheel assembly to inspect for vertical movement using a pry bar or other means to overcome the weight of the wheel assembly during the inspection. Record any horizontal movement measured, or vertical movement measured at the spindle. Kingpins shall be rejected if the kingpins do not turn freely.  

 

  

 

Reject Vehicle If:

(a) Movement exceeds the manufacturer's specification, or when manufacturer specification is not available, movement measured at the sidewall of the tire based upon wheel diameter exceeds:

(i) Wheels under 20 inch, lateral movement is more than 1/8 inch or 3 mm; or

(ii) Wheels 20 inches, or larger, lateral movement is more than 3/16 inch or 5 mm;

(b) Kingpin vertical movement exceeds 3/32 inch or 2.5 mm; or

(c) Kingpin movement is restricted or impeded by any condition.

 (5) Control Arms, Locator Bars, Stabilizer Bars, Track Bars, Rear Axle Ball Joints, and Rear Axle Linkage. These components and their associated mounting hardware and bushings shall be inspected for loose, damaged, missing, corrosion, deterioration, modifications, or other conditions that could adversely affect the safe operation of the vehicle. Autocycles may be equipped with “motorcycle type” swingarm rear suspension systems which must be properly inspected for operation and condition.  

Reject Vehicle If:

(a) A control arm, locator arm/bar, stabilizer bar, track bar, or other suspension control component is loose, broken, missing, rusted, deteriorated, modified, or has any other condition which could adversely affect the operation of the vehicle;

(b) A control arm, locator arm/bar, stabilizer bar, track bar, or other suspension bushing is damaged, deteriorated, oil-soaked, heat damaged, or dry rotted to a point that the bushing is loose, frozen, or will not move as designed;

(c) A rear axle ball joint is loose, frozen, or will not move as designed;

(d) A rear axle linkage is loose, frozen, or will not move as designed; or

(e) Swingarm does not articulate as designed to allow suspension movement, has excessive lateral movement, excessive wear or deterioration is present in the bushings, or bearings as equipped.

(6) Wheel Bearings. Wheel bearings shall be inspected on all wheel positions for looseness, damage, leaking seals, or any condition that could adversely affect the safe operation of the vehicle. Wheel bearing noise detected during a road test requires a physical inspection to properly identify the defective wheel bearing. With the vehicle lifted, grasp the top and bottom of the tire and rock it in and out. Measure any movement and compare it to the manufacturer’s specifications. Rotate the tire and inspect for rough, galled, or otherwise defective bearings. To determine if excess movement observed is wheel bearing movement or ball joint movement, it may be necessary to lift the vehicle to load the ball joints, if applicable.

Reject Vehicle If:

(a) Wheel bearing noise detected during a road test;

(b) Wheel bearing movement exceeds the manufacturer’s specifications;

(c) Wheel bearings are rough, galled, missing parts, or otherwise defective; or

(d) Wheel bearings are not properly lubricated, or wheel seals have Class-3 leakage.

(7) Suspension Ride Height Control Equipment. The different suspension systems may be composed of equipment such as springs, torsion bars, airbags, electronic ride control, hydraulic ride control, or a combination of components that properly support the vehicle weight, control ride height, and cushion the ride of a vehicle. Observe the ride height of the vehicle for unlevel conditions, and measure at the corners of the vehicle if necessary. Ride control systems shall be inspected for damaged, missing, improperly installed components, or equipment not designed for on-road operation. All related mounting and hardware associated with suspension equipment components shall be inspected for excessively worn or deteriorated conditions, corrosion, suspension modifications, or having other conditions that could adversely affect the safe operation of the vehicle.

Reject Vehicle If:

(a) Springs, torsion bars, airbags, electronic ride control devices, hydraulic ride control devices, or other ride control components are loose, damaged, modified, or has any other condition that adversely affects the safe operation of the vehicle;

(b) Spring shackles, bushings, fasteners, insulators, cushions, or other mounting components for ride control devices are loose, damaged, modified, or has any other condition which could adversely affect the safe operation of the vehicle;

(c) Air or electronic suspension control system module, line, wiring, or other component is missing, not functioning, is damaged or deteriorated to affect proper function;

(d) U-bolts are loose, damaged, or not of sufficient length to fully engage the threads of the fasteners;

(e) Lift kits, lift blocks, or other modifications to the suspension system components are loose, sagging, damaged, or use multiple lift blocks;

(f) Spacers are installed within the coils of a coil spring; components do not align the suspension system properly, or for other condition which adversely affects the safe operation of the vehicle;

(g) Any object or equipment extends below the bottom edge of any wheel rim;

(h) Vehicle ride height when measured on the left and the right side exceeds:

(i) One-inch difference on a vehicle up to 10,000 pounds (4,536 kg) GVWR; or

(ii) Two inches difference on a vehicle over 10,000 pounds (4,536 kg) GVWR;

(i) Ride height allows tire to contact vehicle;

(j) Ride height allows the suspension to contact suspension bump stops or bottom out during normal vehicle operation; or

(k) Air leaks from anywhere in an air suspension system.

(8) Lift Axle. Vehicles equipped with axles that can be raised and lowered while in motion as needed to support additional weight shall be inspected for function and condition. The steering and suspension shall be inspected using the manufacturer’s procedures and specifications.

Reject Vehicle If:

(a) Toe is not within the manufacturer’s specifications, or plus or minus 1/16, whichever is the least;

(b) Ball joint or kingpin movement is restricted or impeded by any condition;

(c) Ball joint or kingpin movement is in excess of manufacturer's specifications;

(d) Suspension bushings, bearings, mounts, control arms, or other mounting components are improperly installed, damaged, or do not function as designed;

(e) Axle fails to respond properly to the axle lift control switch;

(f) Axle engages before the axle is fully down; or

(g) Axle air pressure indicated on the axle air pressure gauge does not measure equal to, or greater than the psi indicated on the manufacturer’s certification when the axle is deployed.

(9) Shock Absorbers, Struts, and Front Forks. Shock absorbers, strut cartridges, and front forks may be gas-charged, oil-filled, air-charged, electronically controlled, hydraulic controlled, or use a combination of designs to dampen the spring rebound of the suspension. These components shall be inspected for condition, mounting, and function. The vehicle shall be inspected for insufficient dampening action during a road test. Free rocking motion for more than two cycles while driving, the front end diving excessively during braking, or rises excessively under acceleration during a road test indicates defective equipment. Inspect shock absorbers, struts, or front forks for wear, damage, or leakage that could adversely affect vehicle stability.

Reject Vehicle If:

(a) Vehicle continues free rocking motion for more than two cycles during operation, the front-end dives excessively during braking or rises excessively under acceleration, or otherwise does not function as designed;

(b) Mounting bolts, bushings, or mounts are missing, damaged, or deteriorated to a point that adversely affects the function of the component; 

(c) Class-3 leakage is present on hydraulic or gas-filled shocks, struts, or front forks if equipped;

(d) Air leaks from anywhere in an air suspension system;

(e) Lines or tubing are leaking, improperly routed or mounted, or are not protected from damage;

(f) Electrical components or wiring is improperly routed or mounted, or are not protected from damage; or

(g) Front fork tubes are damaged preventing full travel, or free action of front forks.

.03 Vehicle Frame and Unibody Construction.

A. Full Frame. The vehicle frame, body to frame mounting points, and mounting points for suspension equipment components shall be inspected for corroded, damaged, or modified conditions that could adversely affect the safe operation of the vehicle. Body mounts shall not be stacked (multiple blocks or bushings). The frame shall be inspected for improper materials or improper repairs. Frame side rail height (excluding arches or kick-up areas at vehicle axles) shall be measured at the highest portion of the frame. School vehicle frame alterations shall be designed and guaranteed by the original chassis manufacturer or the body manufacturer, and shall not extend the wheelbase. Type I School Vehicle frame alterations may only be made behind the rear spring hangers. Type II School Vehicle frame alterations may only be made behind the rear spring hangers or in front of the front spring.

Reject Vehicle If:

(1) Frame is corroded, damaged, or modified to adversely affect the safe operation of the vehicle;

(2) Frame body mounting points or mounting points for suspension or drivetrain components are corroded, damaged, or modified and adversely affect the safe operation of the vehicle;

(3) Body mount bushings or other attachment devices are missing, damaged, modified, stacked, or loose and adversely affect the safe operation of the vehicle;

(4) Frame has been improperly repaired or cannot properly support attached components; or

(5) Frame side rail height at the side or rear is higher than:

(a) 20 inches on a passenger vehicle;

(b) 28 inches on an MPV, SUV, or pickup truck up to 10,000 pounds (4,536 kg) GVWR; or

(c) 30 inches on a vehicle except for a trailer, between 10,001 – 18,000 pounds GVWR.

B. Unitized Body. The strength of unibody construction is dependent upon the thickness, type, and shape of the material used in the construction of body components. Therefore, any damage, improper repair, or modification that decreases the strength by altering the thickness, type, or shape of the body construction material shall be rejected during the inspection. Unibody vehicles shall be inspected for corroded, damaged, improperly repaired, or modified conditions that could adversely affect the safe operation of the vehicle. Body to subframe, cradle mounting points, and mounting points for suspension components shall be inspected for corroded, broken, damaged, or modified conditions that could adversely affect the safe operation of the vehicle.

Reject Vehicle If:

(1) Unibody or subframe is corroded, damaged, or modified to adversely affect the safe operation of the vehicle;

(2) Unibody or subframe is constructed of improper materials, has been improperly repaired, or repaired using improper material;

(3) Subframe, cradle mounting points, or mounting points for suspension components are corroded, damaged, or modified and adversely affect the safe operation of the vehicle;

(4) Subframe, cradle mount bushings, or other attachment devices are missing, damaged, modified, or loose and adversely affect the safe operation of the vehicle; or

(5) Subframe or unibody main support side rail height is higher than:

(a) 20 inches on a passenger vehicle; or

(b) 28 inches on an MPV, SUV, or pickup truck up to 10,000 pounds (4,536 kg) GVWR.

C. Motorcycle and Autocycle Frame. The frames of motorcycle and autocycle vehicles are often constructed with a central tubular frame to which the steering, suspension, and drivetrain components are attached. The frame shall be inspected for corroded, damaged, or modified conditions that could adversely affect the safe operation of the vehicle. Mounting points for steering, suspension, and drivetrain components shall be inspected for corroded, broken, damaged, or modified conditions that could adversely affect the safe operation of the vehicle.

Reject Vehicle If:

(1) Frame is corroded, damaged, or modified and adversely affects the safe operation of the vehicle;

(2) Frame has been improperly repaired, or repaired using improper material;

(3) Frame has cracks, improper welds, fatigue points or work hardening, or other structural damage;

(4) Frame has flexure or is bent to cause wheel misalignment; or

(5) Engine mounting area or brackets are damaged.

.04 Tow Vehicle Hitches and Coupling Devices.

A. Hitch Mounts and Receivers. Inspect for damage or deterioration of the hitch structure, which would adversely affect the safe towing capability of the vehicle. Inspect the hitch attachment to the vehicle, and the vehicle attachment area for missing or loose fasteners, cracks, improper welds, or inadequate or improper materials.

Agency Note: Hitches and Coupling Devices are not required equipment for motor vehicles other than truck tractors, therefore they may be removed if rejected and are not required to be replaced on vehicles other than fifth wheels on truck tractors.

Reject Vehicle If:

(1) Hitch is damaged or deteriorated and is unsafe for operation;

(2) Hitch attachment has missing or loose fasteners, cracks, or improper welds; or

(3) Hitch is constructed or repaired using improper materials.

B. Hitch Ball, and Pintle Hook. Inspect the hitch ball or pintle hook for flat spots, pits, or cracks. Inspect the hitch ball for wear exceeding 1/8 inch or 3.0 mm from its original dimension. Inspect the pintle hook horn section for wear exceeding 20 percent. The latch on a pintle hook shall latch and unlatch as designed. Weld repairs to a hitch ball or pintle hook shall not be permitted. Mounting fasteners or welds shall be inspected for proper integrity.

Reject Vehicle If:

(1) Hitch ball has flat spots, pits, or cracks;

(2) Hitch ball is worn more than 1/8 inch or 3.0 mm from original dimension;

(3) Pintle hook assembly has cracks;

(4) Pintle hook horn has wear exceeding 20 percent;

(5) Pintle hook latch does not function as designed;

(6) Hitch ball or pintle hook has been repaired by welding; or

(7) Mounting fasteners are missing, loose, damaged, or have improper welds.

C. Fifth Wheels. Inspect the fifth wheel for proper alignment, distortion, deformation, cracks, or missing parts.

Reject Vehicle If:    

(1) Any frame mounting fastener is missing or ineffective;

(2) Any movement between mounting components;

(3) Mounting plate or pivot bracket fastener is missing or ineffective;

(4) Mounting plate or pivot bracket weld or metal is cracked, or any mounting angle iron is cracked or broken;

(5) Pivot bracket pin is missing or unsecured, or horizontal movement of pivot pin exceeds ⅜ inch;

(6) Horizontal movement between the upper and lower fifth wheel halves exceeds ½ inch;

(7) Fifth wheel slider has missing or ineffective latching fasteners, or fifth wheel slider stops missing or unsecured;

(8) Movement between slider bracket and slider base exceeds ⅜ inch;

(9) Any slider component cracked in parent metal or weld;

(10) Cracks in the fifth wheel plate contact area; (Not applicable to cracks in approach ramps and casting shrinkage cracks in the ribs of the body of a cast fifth wheel.)

(11) Operating handle does not function as designed;

(12) Locking mechanism part is missing, broken, or deformed to the extent the kingpin is not securely held; or

(13) Fifth wheel has been removed from a truck tractor.

.05 Trailer Towing Attachment Devices.

A. Trailer Kingpin. Inspect for wear or damage that would adversely affect the proper coupling to a fifth wheel.

Reject Vehicle If: 

(1) Kingpin is excessively worn, bent, or not securely attached;

(2) Kingpin bearing plate is damaged, distorted, or not securely attached to the trailer; or

(3) Kingpin collar is damaged or excessively worn.

B. Drawbars, Tongues, and Hitches. Inspect for missing parts, improper alignment, damage, deformation, deterioration, or constructed with inadequate materials or welding.

Agency Note: Drawbars, Tongues, and Hitches are required equipment on trailers, therefore, if rejected, shall be properly repaired or replaced before certification of the vehicle may be completed.

Reject Vehicle If:

(1) Parts are missing, or constructed with inadequate materials or welding;

(2) Drawbar, tongue, or hitch is improperly aligned to the vehicle, damaged, deformed, or deteriorated and adversely affects safe operation; or

(3) Coupler has cracks or deformations, or the inside of the coupler has worn spots or pits.

C. Safety Chains and Cables. Trailers equipped for ball and hitch, pintle hook, or drawbar for towing are required to be equipped with at least two safety chains or cables of sufficient strength to support the loaded capacity of the trailer in the event of separation from the towing unit.

Reject Vehicle If: 

(1) Safety chains or cables are not present on vehicles equipped for ball and hitch, pintle hook, or drawbar for towing;

(2) Safety chains or cables are not of sufficient strength to support the trailer in the event of separation from the towing unit; or

(3) Safety chains or cables are missing when required, broken, or excessively worn.

D. Landing Gear, Trailer Jack, Trailer Drop Leg. Equipment used to support the trailer for coupling and uncoupling from the towing vehicle shall be inspected for missing parts, deterioration, damage, or construction with inadequate materials or welded repairs to components.

Reject Vehicle If:   

(1) Parts are missing, constructed with inadequate materials, or repaired by welding;

(2) Landing gear, trailer jack, or trailer drop leg is damaged, deformed, or corroded that will adversely affect safe operation; or

(3) Landing gear, trailer jack, or trailer drop leg will not properly deploy to support the vehicle or will not properly stow away to allow vehicle operation.

.06 Brake Systems.

A. Service Brake Performance Tests. The service brake is the primary driver input used for slowing, stopping, and controlling the vehicle under normal operating conditions. The stopping ability of the vehicle shall be tested at a speed of 20 mph by applying the service brakes firmly. This test may be performed during the vehicle road test required for the steering and suspension inspection. The service brake performance test shall be conducted on a hard, smooth surface road or area that is free from loose material, oil, standing water, ice, snow, or grease. While maintaining firm control of the steering wheel, observe whether the vehicle comes to a smooth stop, without pulling to the right or left, within the distance prescribed in this regulation. Brake pull or vibration that adversely affects proper brake action during any operation of the vehicle, shall be rejected. These procedures are also applicable to vehicles equipped with hand controls for the physically disabled. A vehicle modified for physically disabled operation, which does not allow conventional operation, may require the owner/agent to drive the vehicle into the inspection area and demonstrate the braking application to the satisfaction of the inspection mechanic. A vehicle built to meet the standards for a motorcycle may have both a hand-operated lever and foot-operated pedal for the application of the service brakes on both wheel positions. Motorcycles manufactured before January 1, 1974, were not required to be equipped with brakes on all wheels.

 

Reject Vehicle If:

(1) The vehicle does not come to a smooth stop from a speed of 20 mph within the distance established by the type of vehicle:

(a) 20 feet – Motorcycle;

(b) 25 feet – Passenger vehicles seating 10 persons or less with a GVWR of 10,000 lbs. or less;

(c) 30 feet– Light trucks, vans, and multipurpose passenger vehicles;

(d) 35 feet – Single unit vehicles with a GVWR of more than 10,000 lbs. except truck tractors; or

(e) 40 feet – Truck tractors.

(2) There is obvious vibration caused by a warped brake rotor or an out-of-round brake drum;

(3) Vehicle pulls to the right or left upon brake application; or

(4) There is inadequate brake action on any wheel.

B. Hydraulic Brake Application Systems.

(1) Inspect hydraulic brake systems for function, condition, leakage, and proper installation. Any hydraulic brake fluid leakage is cause for rejection of the brake equipment. Brake components designed and intended for non-street applications such as “racing” or other “off-road use only” shall not be allowed. Split service brake systems consist of two or more subsystems actuated by a single control, designed so that a single failure in any subsystem does not impair the operation of any other subsystem. A motorcycle split service brake system may consist of a single split brake service system actuated by a single control, or two separate brake systems with separate controls, one of which may be a parking brake system. Inspect brake systems equipped with a “RED” warning light which illuminates if a malfunction exists that is related to fluid pressure, reservoir fluid level, or fluid pressure imbalance to ensure that the warning light is operating properly. Inspect split service brake systems for function of the “RED” brake warning light, and illumination of the warning light during operation. Do not remove or pull back wheel cylinder or caliper dust boots during the inspection. Inspect hydraulic hoses and brake lines for leaks, cracks, chafing, restrictions, improper installation, or support. Inspect metal lines or fittings for corrosion with obvious pitting that reduces the wall thickness, or for improper material not intended for vehicle brake systems. Copper/nickel hydraulic brake line that is manufactured for use with automotive hydraulic brake systems is acceptable material. Rubber brake hoses shall be inspected to ensure that they are firm but flexible and shall not be hard and brittle, or soft and spongy. Inspect master cylinder fluid level and all brake valves for leakage. Inspect the brake warning light for presence and function.

Agency Note: Vehicles with hydraulic brake application systems on which the wheel/tire assembly mounts over the brake assembly shall have all wheels removed to inspect all brake components. Conventional motorcycle disc brake equipment is accessible for inspection without wheel removal.

Reject Vehicle If:

(a) Service brake pedal, lever, or other brake input device is improperly positioned or misaligned, or there is excessive friction present;

(b) Red brake warning light function and operation:

(i) Fails to perform self-check when the ignition system is activated; or

(ii) Comes on when the brake pedal or hand lever is depressed, or at any time while the vehicle is in operation, indicating a hydraulic brake defect or low fluid level.

(c) Wheel cylinder or brake caliper fails to operate, leaks, or is not properly installed;

(d) Wheel cylinder or caliper dust boots are missing or damaged;

(e) Brake line has been repaired or replaced with tubing or material that is not designed for vehicle hydraulic brake systems;

(f) Brake hose or line is improperly supported, or not mounted to prevent contact with wheels or body during steering or suspension movement;

(g) Brake hose, rubber line, or fitting, is cracked to expose cords, leaking, chafed, flattened, bulging, restricted, or metal line is rusted to a point of flaking, bulging, or pitting, or has re-welded sections. Surface rust is not a cause for rejection;

(h) Rubber brake hose is hard and brittle, or soft and spongy;

(i) Master cylinder leaks, or is not securely mounted;

(j) Master cylinder reservoir fluid level is not within the manufacturer's range, or any section is less than 1/2 full if range is not specified;

(k) Brake fluid is of the incorrect type or is contaminated;

(l) Master cylinder reservoir cap or cover is missing or leaking; or

(m) A motorcycle manufactured after January 1, 1974, is not equipped with brakes on all wheels.

(2) Hydraulic System Leakage Test and Brake Pedal or Hand Lever Reserve. The engine shall be running when checking vehicles with power-assisted brake systems. While the vehicle is stopped, activate the service brake pedal, lever, or other brake input device under moderate force. The service brake applied position shall remain constant for 1 minute to ensure that there is no hydraulic external or internal leakage. Brake pedal or lever travel reserve shall be no less than 1/3 of the total travel. An inability to maintain a consistent brake application position indicates a hydraulic pressure loss.  A low reserve capability indicates improper brake adjustment or a mechanical failure in the brake system.

                  

 

Reject Vehicle If:

(a) The service brake pressure, brake pedal, or hand lever position cannot be maintained for at least 1 minute while the service brake is applied; or

(b) Less than 1/3 of the total pedal or hand lever travel reserve remains while the vehicle is stopped and the service brake pedal or lever is depressed with moderate force.

(3)  Power Assist Brake Units. Inspect power assist brake systems for reserve assist with the engine off, and for power assist with the engine running for vehicles that use engine-driven sources of power. Electrically powered systems may require different inspection procedures. Follow the manufacturer’s recommendations for the procedures for inspection of electrically powered systems.

(a) Vacuum Brake Assist Unit. Stop the engine and apply service brake several times to deplete all vacuum in system. Depress the brake pedal with approximately 50 pounds of force and while maintaining that force, start the engine. If the brake pedal does not move slightly when the engine starts, there is a malfunction in the power assist unit. The vacuum brake assist unit shall demonstrate integrity as indicated by a decrease in pedal height when the engine is started and force is maintained on the pedal. The vacuum brake system shall provide sufficient vacuum reserve to permit one service brake application with a brake pedal force of approximately 50 pounds after the engine is turned off without actuating the low vacuum indicator.

Reject Vehicle If:

(i) System reserve does not retain vacuum with the engine off;

(ii) Brake pedal does not move slightly under force when the engine starts with all vacuum reserve depleted;

(iii) Vacuum reserve is not sufficient to permit at least one service brake application with the engine off without actuating the low vacuum warning indicator;

(iv) Brake booster hose or line is improperly supported, or not mounted to prevent contact with wheels or body during steering or suspension movement; or

(v) Brake booster hose, rubber line, or fitting, is cracked to expose cords, leaking, chafed, flattened, bulging, restricted, or metal line is rusted to a point of flaking, bulging, or pitting, or has re-welded sections.  Surface rust is not a cause for rejection.

(b) Hydraulic Brake Assist Unit. Stop the engine and apply service brake several times to deplete all hydraulic reserve pressure in system. Depress the brake pedal with approximately 50 pounds of force and while maintaining that force, start the engine. If the brake pedal does not move slightly when the engine starts, there is a malfunction in the power assist unit. The hydraulic brake assist unit shall demonstrate integrity as indicated by a decrease in pedal height when the engine is started while approximately 50 pounds of force is maintained on the pedal. The hydraulic brake system shall provide sufficient hydraulic reserve to permit at least one service brake application with a brake pedal force of approximately 50 pounds after the engine is turned off.

Reject Vehicle If:

(i) System reserve does not retain hydraulic reserve pressure with the engine off;

(ii) Brake pedal does not move slightly under force when the engine starts with all hydraulic reserve pressure depleted;

(iii) Hydraulic reserve pressure is not sufficient to permit one service brake application with the engine off;

(iv) Class-3 Leakage of Hydraulic fluid leakage is present;

(v) Brake booster hose or line is improperly supported, or not mounted to prevent contact with wheels or body during steering or suspension movement; or

(vi) Brake booster hose, rubber line, or fitting, is cracked to expose cords, leaking, chafed, flattened, bulging, restricted, or metal line is rusted to a point of flaking, bulging, or pitting, or has re-welded sections.  Surface rust is not a cause for rejection.

(c) Electrically Powered Brake Assist System. Some vehicles may be equipped with electric-powered systems to develop vacuum or pressure for power assist brake systems. Some systems use electrically powered sources to develop vacuum or pressure rather than engine sources for power and are subject to inspection for condition and function. 

Reject Vehicle If:

(i) Electrical power is not being supplied to the system when the service brake is applied;

(ii) Power assist brake fails to apply when the proper voltage is applied or fails to release when the voltage is removed from the system; or

(iii) Electrical wiring, terminal, plug, or connection has a loose connection, excessive corrosion, damage, is improperly supported, or is exposed to damage.

C.  Air Brake Application Systems. Inspect Air Brake Systems for function, condition, and leakage.

(1) Air Brake System Function Compressor, Governor, Low Air Warning Indicator. With the air system at zero pressure, run engine at fast idle and note the time required to build air pressure from 50 – 90 psi. Continue building air pressure and note pressure at which governor cut-out occurs. Make a series of brake applications until governor cuts in and note pressure. Continue lowering air pressure until the low air warning activates and note the pressure when the warning activates.

(2) Air Activated (Air Over Hydraulic) Brake Systems. A brake system in which the operator’s braking effort is reduced utilizing compressed air acting on the hydraulic system which actuates the wheel brakes. These systems use an air operated foot valve to provide operator input to the hydraulic service brakes. If an air actuated hydraulic brake system loses its air supply, the service brake will not operate. The air system components shall be inspected in the same manner as a full air brake system. The parking brake does not use air spring chambers, therefore does not function as an emergency brake system.

(3) Air Assisted Hydraulic Brake Systems (Hydraulic Over Air). A brake system in which the operator’s braking effort is reduced through an air chamber booster acting on the hydraulic system which actuates the wheel brake. These systems use a hydraulic master cylinder to provide operator input to activate the hydraulic service brakes. Compressed air is used to power brake boosters to increase brake efficiency and reduce operator effort. If the system loses air pressure, the service brake system would continue to work at reduced effectiveness. The air system components shall be inspected in the same manner as a full air brake system. The parking brake does not use air spring chambers, therefore does not function as an emergency brake system.

Reject Vehicle If:

(a) Time required to build pressure from 50 – 90 psi at fast idle exceeds 2 minutes;

(b) Governor cut-out pressure is higher than 135 psi, or lower than 100 psi;

(c) Governor cut-in pressure is lower than 80 psi;

(d) Low pressure warning fails to function when pressure is lowered to 55 psi, or 1/2 the governor cut-out pressure, whichever is less;

(e) Air activated hydraulic brake system does not function as designed; or

(f) Air assisted hydraulic brake system does not function as designed.

(4) Air Brake Control Valves and Tractor Protection.  Full air brake systems utilize compressed air as the sole source of energy for application of brakes at the vehicle’s wheels. Air brake control valves apply and release the parking brake, and supply air for towed air brake units. The parking brake valve should not stay in the released position unless there is 60 psi in the air system, and should “pop out” before air pressure is reduced to “zero”. The tractor protection valve protects the tractor from air loss associated with the trailer air supply system.  To inspect the air brake control valves for proper function, release the parking brake (valve pushed in) without applying the trailer air supply valve; no air should escape from the trailer supply hose, and at this time with the service brakes applied (no air should escape from the trailer service hose.) Apply the trailer air supply (valve pushed in), air should discharge from the trailer supply hose, and at this time, application of the service brake or the hand valve should discharge air from the service brake hose. To inspect the tractor protection valve, apply the trailer supply valve with the trailer supply hose disconnected, and observe the pressure at which the trailer supply valve automatically closes to prevent total loss of brake air pressure from the tractor. Trailer air supply valve should “pop out” to protect the vehicle from total air loss between 20 – 45 psi.

Reject Vehicle If:

(a) Air is discharged from the trailer air supply or service hose with the trailer air supply valve pulled out or disengaged;

(b) Air does not discharge from the trailer air supply hose when the trailer air supply valve is pushed in or engaged;

(c) The service brake hose does not discharge air when the service brake or the trailer hand valve is applied with the trailer air supply valve button pushed in or engaged;

(d) Tractor protection valve does not close to prevent service brake air loss during an “air loss” or disconnect of the trailer supply hose; or

(e) Trailer air supply valve does not “pop out” during an “air loss” or disconnect of the trailer supply hose.

(5) Air Brake Leakage. Any audible air leak is a rejection during inspection. Air leakage shall also be inspected for inaudible leakage that exceeds the allowable pressure loss during timed inspection. The spring parking brake must be released to perform the leak-down tests required by this regulation. With a fully charged system, and the engine off, note the pressure drop in the psi per minute with park and service brakes released. Next, with a fully charged system, and the engine off apply the service brake and note the pressure drop in the psi per minute with the service brakes fully applied. Trailers (towed vehicles) receive compressed air from a towing vehicle; therefore, the air system shall be tested on the uncoupled towing vehicle before inspecting the air systems on a trailer.

Reject Vehicle If:

(a) Air loss with the park and service brakes released is:

(i) Truck or truck tractor – more than 2 psi per minute on a single unit; or

(ii) Trailer attached to towing vehicle – more than 3 psi per minute on a combination unit;

(b) Air loss with the service brakes applied is:

(i) Truck or truck tractor – more than 3 psi per minute on a single unit; or

(ii) Trailer attached to towing vehicle – more than 4 psi per minute on a combination unit.

(6) Compressed Air Reserve. The air system shall also be inspected for brake air reserve pressure.  Note the full air pressure indicated on the air gauges with the engine off, make a full-service brake application and measure the drop in reservoir pressure. Inspect the air reserve function by lowering air pressure until the low air warning device is activated, with the engine off apply the service brake while observing operation of the brakes.

Reject Vehicle If:

(a) Air reserve pressure is lowered more than 20 percent of the full pressure reading when the service brake is fully applied; or    

(b) Air reserve pressure with low air warning device activated is not sufficient to permit a full-service brake application.

(7) Air Brake Components, General Condition. Inspect all air brake components, air hoses, tubes, and connections for damage or deterioration that adversely affects the safe operation of the vehicle and for improper installation of components.  Inspect for audible leaks, attachment of all connecting lines, and look for proper mounting and support of components. Be sure lines are free from contact with frame, axles, exhaust system, or other lines. Rubber impregnated fabric cover is not a reinforcement ply. Thermoplastic nylon may have braid reinforcement or color difference between cover and inner tube. Exposure of the second color is cause for rejection. Brake chambers and slack adjuster shall match by design or type on the same axle but may be different by axle.

Reject Vehicle If:

(a) Air compressor drive belts in a condition of impending or probable failure;

(b) Air compressor has cracked, broken, or loose pulley;

(c) Loose air compressor mounting bolts, cracked or broken mounting brackets, braces, or adapters;

(d) Air compressor inlet filter is clogged or restricted to prevent proper operation of the air compressor;

(e) Air brake valve or other air brake components is not properly and securely installed;

(f) Air pressure relief valve is rated for more than 150 psi, is not present, or is not operational;

(g) Brake tubing is not approved for on-road vehicle usage, is cracked, damaged by heat, broken or crimped;

(h) Any audible leak;

(i) Brake hose or tubing bulges or swells when air pressure is applied;

(j) Brake hose improperly joined with hose clamps over tubing;

(k) Brake hose is not approved for on-road vehicle usage, cracked to expose cords, broken, or crimped;

(l) Brake hose has any damage extending through the outer reinforcement ply;

(m) Brake chamber is a different design or type on the same axle; or

(n) Slack adjuster is a different design or length on the same axle.

(8) Air Brake Park and Emergency Brake Systems. The parking brake shall be able to hold the vehicle motionless on any grade. The emergency brake system shall be capable of stopping from 10 miles per hour in the distance, equal to that specified for service brake performance.

(a) With the air pressure in the braking system at 90 psi or more, set and release the parking brake control and observe functioning of the spring brake chamber at each wheel position equipped; and

(b) Drain the system air pressure to “zero” and attempt to move the vehicle. Vehicle should remain stationary.

Reject Vehicle If:

(i) Spring parking/emergency brake fails to release the vehicle brakes for operation when released;

(ii) Spring parking/emergency brake fails to hold the vehicle stationary when applied;

(iii) Vehicle can be moved with “zero” air pressure in the system; or

(iv) Parking brake valve does not “pop out” before air pressure is reduced to “zero”.

(9) Actuator (Pushrod Stroke) Reserve.

(a) The maximum pushrod stroke shall not be greater than the values given in this regulation. Any brake stroke exceeding the readjustment limit will be rejected. Stroke must be measured with engine off, parking brake released, and reservoir pressure of 80 to 90 psi with the service brakes fully applied;

(b) Pushrod/slack adjuster angle shall not be more or less than 90 degrees with the service brake applied.  Commercial motor vehicles manufactured on or after October 20, 1994, with air brakes using slack adjusters shall be equipped with automatic slack adjusters;

(c) For actuator types not listed in these tables, the pushrod stroke shall not be greater than 80 percent of the rated stroke marked on the actuator by the actuator manufacturer, or greater than the readjustment limit marked on the actuator by the actuator manufacturer; and

(d) Wedge brake systems shall be inspected for brake shoe movement during service brake application.

Reject Vehicle If:

(i) Slack adjusters are not adjusted equally;

(ii) Not equipped with automatic slack adjuster when required;

(iii) Manual slack adjuster will not maintain adjustment;

(iv) Automatic slack adjuster is not functioning properly (out of adjustment);

(v) Pushrod travel on BF Goodrich Air Actuated Disc Brakes exceeds manufacturer’s specification;

(vi) Pushrod/slack adjuster angle is more than 90 degrees with the service brake applied; 

(vii) Brake shoe movement on wedge brake systems exceeds 1/16 inch (shoe to drum clearance); or

(viii) The pushrod stroke exceeds the limit by design and type of chamber.

 

 

Clamp Type Brake Chamber Pushrod Strokes

Type

Outside Diameter

Standard Chamber Stroke

Long Stroke Chamber Stroke

6

4 1/2 in.        (114 mm)

1 1/4 in.                (31.8 mm)

Note: Long Stroke Chambers are identified by a “Square Boss” at the airline connection of the chamber.

9

5 1/4 in.        (133 mm)

1 3/8 in                 (34.9 mm)

 

12

5 11/16 in.    (145 mm)

1 3/8 in.                (34.9 mm)

1 3/4 in.                                         (44.5 mm)

16

6 3/8 in.        (162 mm)

1 3/4 in.                (44.5 mm)

2 in.                                               (50.8 mm)

20

6 25/32 in.    (172 mm)

1 3/4 in                 (44.5 mm)

2 in.                                               (50.8 mm)        

2 1/2 in.                                         (63.5 mm) 1

24

7 7/32 in.      (184 mm)

1 3/4 in.                (44.5 mm)

2 in.                                               (50.8 mm)        

2 1/2 in.                                         (63.5 mm) 2

30

8 3/32 in.      (206 mm)

2 in.                     (50.8 mm)

2 1/2 in.                                         (63.5 mm)

36

9 in.              (229 mm)

2 1/4 in.                (57.2 mm)

 

1 For type 20 chambers 3-inch (76 mm) rated stroke.                                        2  For type 24 chambers 3-inch (76 mm) rated stroke

 

Bendix DD-3 Brake Chambers Pushrod Strokes

Type

Outside Diameter

Brake Readjustment Limit

30

8 1/8 in.                                           (206 mm)

  2 ¼ in.                                                   (57.2 mm)

 

Bolt-Type Brake Chambers Pushrod Strokes

Type

Outside Diameter

Brake Readjustment Limit

A

6 15/16 in.                                       (176 mm)

1 3/8 in.                                                    (34.9 mm)

B

9 3/16 in.                                         (234 mm)

1 3/4 in.                                                    (44.5 mm)

C

8 1/16 in.                                         (205 mm)

1 3/4 in.                                                    (44.5 mm)

D

5 1/4 in.                                           (133 mm)

1 1/4 in.                                                    (31.8 mm)

E

6 3/16 in.                                         (157 mm)

1 3/8 in.                                                    (34.9 mm)

F

11 in.                                               (279 mm)

2 ¼ in.                                                      (57.2 mm)

G

9 7/8 in.                                           (251 mm)

2 in.                                                          (50.8 mm)

 

Rotochamber-Type Brake Chambers Pushrod Strokes

Type

Outside Diameter

Brake Readjustment Limit

9

4 9/32 in.                                        (109 mm)

1 ½ in.                                                    (38.1 mm)

12

4 13/16 in.                                      (122 mm)

1 ½ in.                                                    (38.1 mm)

16

5 13/32 in.                                      (138 mm)

2 in.                                                        (50.8 mm)

20

5 15/16 in.                                      (151 mm)

2 in.                                                        (50.8 mm)

24

6 13/32 in.                                      (163 mm)

2 in.                                                        (50.8 mm)

30

7 1/16 in.                                        (180 mm)

2 ¼ in.                                                    (57.2 mm)

36

7 5/8 in.                                          (194 mm)

2 ¾ in.                                                    (69.9 mm)

50

8 7/8 in.                                          (226 mm)

3 in.                                                        (76.2 mm)

For types not listed in these tables, the pushrod stroke must not be greater than 80 percent of the rated stroke marked on the actuator by the manufacturer, or greater than the readjustment limit marked on the actuator by the manufacturer.

D. Mechanical Brake System. Some model year vehicles used full mechanical brake systems (cables and rods) rather than hydraulic, electric, or air for brake application. Inspect Mechanical Brake Systems for function and condition. Motorcycle mechanical brake systems with external brake lining wear indicators do not require disassembly for inspection unless a defect or brake issue is discovered during road testing. Inspect all mechanical components of the brake system for high friction, wear, and broken or missing parts.

Agency Note: Motorcycles manufactured before January 1, 1974, were not required to be equipped with brakes on all wheels.

Reject Vehicle If:

(1) Brake system spring, retainer, linkage, rod, pivot bushing or bearing, mount, or other mechanical brake component is missing, frozen, excessively worn, broken, or corroded and adversely affects proper brake function;

(2) Pins or clevises are worn more than 25 percent of the original diameter, or cotter pins are missing;

(3) Any cables are frayed (two or more broken strands), there is any roughness, binding, or jamming in levers or pedals, or brake cable is pinched, damaged, or is routed to become so;

(4) Any brake adjustment mechanism that will not maintain an adjusted position or is adjusted to its maximum extent;

(5) Brake adjustment changes under any steering or loading conditions;

(6) Brake cam operating lever has been repositioned on the shaft as a means of avoiding replacement of worn cam, shoes, or lining;

(7) Less than 1/3 of travel remains in hand or foot brake when brakes are applied, or modifications make the pedal inaccessible for adequate leverage or operation; or

(8) A motorcycle manufactured after January 1, 1974, is not equipped with brakes on all wheels.

E. Electric Brake Application Systems. Inspect Electric Brake Systems for function, and condition.

(1) Electric brake application is a brake system that utilizes electromagnetic forces to attract the brake shoe magnet to the brake drum. The rotation of the wheel assembly then forces the arm, the magnet is attached to, to move as a lever which forces the brake shoes out against the brake drums, and is the sole source of energy for application of brakes at the vehicle’s wheels. Application of the wheel brake does not occur until the wheel assembly is rotated while current is being applied to the brake magnet. Electric brake function may be inspected either by connection to a towing vehicle or an external power supply for activation. When proper voltage is applied, and the wheel assembly is rotated in either direction, the electric brakes shall apply and remain applied while rotational pressure is being applied to the assembly. Brake magnets shall be inspected for proper installation, uneven or abnormal wear, or any part of the magnet coil visible through the friction material of the magnet. The drum’s armature surface, for the magnet, shall also be inspected for uneven or abnormal wear, friction, or other conditions that would adversely affect the operation of the brake system. Vehicles with electric brake application systems shall have all wheels removed for inspection.

(2) Electrical brake wiring, terminals, plugs, or connections shall be inspected for loose connections, excessive corrosion, damage, and improper support or routing.

Reject Vehicle If:

(a) Brake fails to apply when the proper voltage is applied while rotating the wheel assembly or fails to release when the voltage is removed from the wheel assembly;

(b) Brake magnet is improperly installed, worn abnormally, or magnet coil is visible through the friction surface of the magnet;

(c) The magnet armature surface on the brake drum is worn abnormally or has any other condition that adversely affects the operation of the brake system; or

(d) Electrical wiring, terminal, plug, or connection has a loose connection, excessive corrosion, damage, is improperly supported, or is exposed to damage.

F. Vacuum Brake Application Systems. A vacuum over hydraulic brake system in which the operator’s braking effort is reduced through a vacuum booster acting on the hydraulic system which actuates the wheel brake.

(1) Trailer vacuum over hydraulic brake system components include a vacuum storage tank, a control valve, a vacuum chamber/master cylinder assembly, hydraulic lines, and hydraulic disc or drum brakes. The trailer brakes may be applied independently of the tow vehicle service brakes. Maximum braking effort is applied to the trailer brakes in the event the trailer becomes uncoupled from the tow vehicle. Inspect vacuum brake systems for function, condition, and leakage:

(a) The towing vehicle supplies vacuum for the trailer storage tank and a modulated control signal to operate a trailer unit through quick connects mounted on the tow vehicle and trailer. The control signal is sent from a control valve connected to the towing vehicle's vacuum source and hydraulic brake system. When the operator applies the tow vehicle service brakes, the control valve produces a vacuum signal in direct proportion to the tow vehicle service brake pressure; and

(b) The trailer control valve receives this signal and produces a control vacuum signal that is applied to a vacuum chamber/master cylinder assembly producing a corresponding hydraulic pressure in the trailer brake system.

(2) Vacuum Brake Unit Integrity. With the engine off, apply service brake several times to deplete all vacuum in system. Depress the brake pedal with approximately 50 pounds of force and while maintaining that force, start the engine. If the brake pedal does not move slightly when the engine starts, there is a malfunction in the power assist unit. The vacuum brake assist unit shall demonstrate integrity as indicated by a decrease in pedal height when the engine is started and approximately 50 pounds of force is maintained on the pedal. The vacuum brake system shall provide a vacuum reserve to permit at least one service brake application with a brake pedal force of approximately 50 pounds after the engine is turned off without actuating the low vacuum indicator. Trailer vacuum brakes shall operate in conjunction with the truck or truck tractor brake pedal.

Reject Vehicle If:

(a) Vacuum supply system does not maintain more than 8 inHg of vacuum, or the reserve does not retain vacuum with the engine off;

(b) Brake pedal does not move slightly under force when the engine starts with all vacuum reserve depleted; or

(c) Vacuum reserve is not sufficient to permit at least one service brake application with the engine off without actuating the low vacuum warning indicator.

(3) Low Vacuum Indicator. Run the engine to evacuate the system fully. Shut off the engine and slowly reduce the vacuum in the system by moderate brake applications until the vehicle vacuum gauge reads 8 inHg of vacuum and observe the functioning of the low-vacuum indicator. The indicator shall activate no lower than 8 inHg of vacuum.

Reject Vehicle If:   

(a) Low vacuum warning indicator does not self-check with ignition activation or actuates while the vehicle is being operated; or

(b) Low vacuum warning indicator does not actuate with vacuum reduced to 8 inHg of vacuum.

(4) Vacuum System Hoses, Tubes, and Connections. Vacuum hoses, tubes, and connections shall be in place, properly supported, and protected from damage. Vacuum hoses shall not be collapsed, cracked, or abraded. Inspect hoses and tubes for the conditions indicated, broken or missing fasteners or clamps.

Reject Vehicle If:

(a) Vacuum hoses, tubes, or connections are not of the proper materials, or not properly supported or protected from damage; or

(b) Vacuum hose or tube is damaged or has broken, missing fasteners or clamps.

(5) Trailer Vacuum Brake Inspection. Check the trailer vacuum system by coupling trailer(s) to truck, truck tractor, or independent vacuum supply, and opening trailer shutoff valves. With adequate vacuum, at least 9 inHg of vacuum, apply and release the trailer brakes. In the case of trailer brakes equipped with brake chamber rods, observe the chamber rod movement. Reestablish maximum vacuum, then shut off the vacuum source and apply the brakes fully. Note the brake application and ensure that a low-vacuum condition (8 inHg of vacuum or less) is not present.

Reject Vehicle If:

(a) Brake does not apply and release; or

(b) System will not apply brakes or low-vacuum condition is indicated during brake application with vacuum source shut off. Will not function using reserve vacuum or will not maintain more than 8 inHg of vacuum.

G. Brake Drums and Disc Brake Rotors. Inspect for condition and for wear in excess of the manufacturer's specifications. Manufacturer’s brake drum and rotor specifications shall be referenced during inspection, and these specifications and the actual measurements taken during inspection shall be recorded in MSIS. The manufacturer’s specifications and procedures for brake inspection may not use physical size specifications for inspection and may specify alternative component inspection methods. A station that does not possess the test equipment to perform this inspection may direct the vehicle to an inspection station that has access to the proper equipment to inspect brake components that are not measured for size thickness or diameter. Brake equipment marked with the wear specifications shall be inspected using the marked specifications on the equipment rather than published specifications. Replacement high-performance brake equipment approved for on-road operation may have different specifications from the vehicle manufacturer’s published specifications. These specifications shall be referenced during equipment inspection. Vehicles other than school vehicles, which are equipped with an air brake system with inspection ports, or without backing plates to allow measurement of brake lining and visual inspection of the friction components, may be inspected without removal of the wheels. Vehicles not so equipped shall have all wheels removed to inspect all brake components.

(1) Inspect the friction surface for cracks extending to the edge of disc or drum. Inspect the entire disc or drum for cracks that can be felt when physically touched. Short hairline heat check cracks that cannot be felt by hand shall not be considered defects. Inspect for mechanical damage or rust to the extent that pitting is present. Inspect for contaminated friction surface. Measure the disc brake rotor thickness, or brake drum diameter, and record the measured readings as required. Compare the recorded readings to the manufacturer's minimum or maximum specifications as applicable. Brake components designed and intended for non-street applications such as “racing” or “off-road use only” shall be prohibited.

(2) Air Brake Systems.  Air brake systems with exposed friction components, without backing plates, or with inspection ports/slots, may be inspected without removal of the wheel assemblies. Brake adjustment slots are not to be used as inspection ports. Brake drums and brake discs without visual indications of wear or machining that would exceed manufacturer’s specifications may be inspected without wheel removal for drum or disc measurement and the nominal size may be entered on the inspection report. Any defect observed shall require disassembly of the wheel/brake assembly for further inspection and measurement, and additional fees may be applied.  

Agency Note: An excessive “lip” (area at the extreme inner or outer friction surface edge that is higher than the rest of the surface) present on a brake rotor or brake drum, is a visual indication of disc or drum wear, which would require disassembly for measurement.

(3) Motorcycle Mechanical Type Drum Brakes.  These types of brake systems are not required to be disassembled for inspection unless, during a road test, a brake malfunction is indicated. If disassembly is required, the brake systems shall be inspected utilizing the procedures required in this regulation.

Reject Vehicle If:

(a) Disc brake rotor:

(i) Has a crack on the friction surface extending to the inner or outer edge of the rotor;

(ii) Has a substantial crack anywhere on the disc that can be felt by hand when physically touched;

(iii) Has mechanical damage, or rust to the extent that pitting is present;

(iv) Friction surface is contaminated with oil, grease, brake fluid, or other friction-reducing substances;

(v) Thickness of disc is less than the manufacturer's recommended specification. If the manufacturer does not provide a “discard” specification, the “machine to” specification shall be used as the minimum thickness specification;

(vi) Disc is warped or has excessive runout causing brake pulsation;

(vii) Disc is designed for “racing”, or “off-road use”; or

(viii) Has a ceramic disc brake rotor that does not meet the manufacturer’s minimum specification.

(b) Brake drum:

(i) Is cracked on the friction surface extending to the inner or outer edge of the drum;

(ii) Has any external crack;

(iii) Has any substantial crack anywhere on the drum that can be felt by hand when physically touched;

(iv) Has mechanical damage or corrosion to the extent that pitting is present;

(v) Has a friction surface contaminated with oil, grease, brake fluid, or other friction-reducing substances;

(vi) Inside drum diameter is greater than the manufacturer's specifications. If the manufacturer does not provide a “discard” specification, the “machine to” specification shall be used as the maximum diameter;

(vii)  Is warped or has excessive runout causing brake pulsation; or

(viii) Is designed for “racing”, or “off-road use”.

H. Brake Shoe and Disc Pad Lining. Inspect the condition, and measure the thickness of disc brake pad lining, or drum brake shoe at the thinnest visible area of the material. Air drum brake shoe lining is measured at the center of the brake shoe. Inspect disc pad lining or brake shoe lining material for loose attachment to the backing material. Corrosion of the backing material may cause the lining to lift away from the backing material (lining jacking), which causes the lining to not be firmly attached. Inspect for broken linings or cracks that can be felt when physically touched by hand, contamination, or visible excessive uneven lining wear. Heat cracks in bonded linings that cannot be felt when physically touched by hand are not cause for rejection if the lining is securely attached to the backing material. Inspect wire-backed lining for wire showing on the surface of the lining. School vehicle brake inspection requires that all wheels be removed for visual inspection and measurement of brake shoe linings. Vehicles that are equipped with an air brake system with inspection ports, or without backing plates to allow measurement of brake lining and visual inspection of the friction components, may be inspected without removal of the wheels. Conventional motorcycle disc brake equipment is accessible for inspection without wheel removal. Vehicles not so equipped shall have all wheels removed to inspect all brake components.

(1) Hydraulic, Electric, and Mechanical Brake Shoe and Disc Pad Lining. The manufacturer’s minimum thickness shall be used if available, however, under no circumstance may a disc pad lining be less than 4/32 of an inch, or a riveted disc pad be less than 4/32 of an inch above a rivet head. A brake shoe lining shall be not less than 2/32 of an inch or less than 2/32 of an inch above a rivet head. Inspect riveted disc pad or brake shoe lining for loose or missing rivets. (Excludes motorcycle mechanical drum brakes that perform satisfactorily during performance brake test)

Reject Vehicle If:

(a) The thinnest point of a bonded disc pad lining is less than manufacturer’s specification, or less than 4/32 of an inch over a rivet head of a riveted lining;

(b) The thinnest point of a bonded brake shoe lining is less than 2/32 of an inch or less than 2/32 of an inch above a rivet head on a riveted lining unless the thickness is specified as greater by the manufacturer;

(c) A rivet is loose or missing in disc pad or shoe lining material;

(d) A bonded disc pad or shoe lining material is not firmly attached to the backing material;

(e) The brake lining material is contaminated by oil, grease, brake fluid, or other friction-reducing substances;

(f) A disc brake pad or brake shoe lining is cracked and the crack can be physically felt when touched by hand; or

(g) A disc brake pad or brake shoe lining is worn excessively uneven.

(2) Air Brake Shoe and Disc Pad Lining. The minimum thickness of an air disc pad lining can be no less than 4/32 (1/8) of an inch. A steering axle air brake shoe lining with a continuous strip of lining shall be no less than 6/32 (3/16) of an inch, or a steering axle air brake shoe lining with separated lining material be no less than 8/32 (¼) of an inch at the center of the shoe. Non-steering axle air brake shoe lining with separated lining material can be no less than 8/32 (¼) of an inch at the center of the shoe.

Reject Vehicle If:

(a) The thinnest point of an air brake disc pad lining is less than 1/8 (4/32) of an inch;

(b) The thinnest point of an air brake shoe lining measured at the center of the shoe is:

(i) A steering axle air brake shoe with a continuous lining is less than 3/16 (6/32) of an inch;

(ii) A steering axle air brake shoe with separated linings is less than ¼ (8/32) of an inch; or

(iii) A non-steering axle air brake shoe is less than ¼ (8/32) of an inch;

(c) An air disc brake pad or air brake shoe lining is worn excessively uneven;

(d) An air-bonded disc pad or air shoe lining material is not firmly attached to the backing material;

(e) A rivet is loose or missing in an air brake lining material;

(f) An air disc brake pad or air brake shoe lining is cracked so that the crack can be physically felt by hand; or

(g) The air brake lining material is contaminated by oil, grease, brake fluid, or other friction-reducing substances.

(3) Motorcycle Brake Shoe and Disc Pad Lining. The manufacturer’s published minimum thickness shall be used if available, however, under no circumstance may a bonded disc pad or brake shoe lining be less than 2/32 of an inch. A riveted disc pad or a riveted brake shoe lining shall not be less than 2/32 of an inch above a rivet head. Motorcycles equipped with brake wear limit indicators shall be inspected using the replacement reference mark indicators. Motorcycle type drum brakes are not required to be disassembled for inspection unless, during a road test, a brake malfunction is indicated. Three-wheeled multipurpose vehicles and motorcycles equipped with automotive type brake systems shall be inspected utilizing the procedures required for hydraulic brake systems as detailed in these regulations.

Reject Vehicle If:

(a) The thinnest point of a riveted disc pad lining is less than 2/32 of an inch over a rivet head unless the minimum thickness is specified as greater by the manufacturer;

(b) The thinnest point of a bonded disc pad lining is less than 2/32 of an inch unless the minimum thickness is specified as greater by the manufacturer;

(c) A disc brake pad or brake shoe lining is worn excessively uneven;

(d) Drum brake wear reference marks indicate unsafe or replacement needed;

(e) The thinnest point of a bonded brake shoe lining is less than 2/32 of an inch unless the minimum thickness is specified as greater by the manufacturer;

(f) The thinnest point of a riveted brake shoe lining is less than less than 2/32 of an inch above a rivet head unless the thickness is specified as greater by the manufacturer;

(g) A bonded disc pad or shoe lining material is not firmly attached to the backing material;

(h) A rivet is loose or missing in disc pad or shoe lining material;

(i) A brake lining material is contaminated by oil, grease, brake fluid, or other friction-reducing substances; or

(j) A disc brake pad lining or brake shoe lining is cracked so that the crack can be physically felt by hand.

I. Brake Mechanical Components. Brake mechanical components include the service brake mechanical linkage, parking brake mechanical linkage, and all manual controls on vehicles equipped for physically challenged persons. Inspect for missing, damaged, rusted, inoperative, or otherwise defective linkage components. Inspect for restriction of disc brake pad or brake shoe movement. Inspect the service and parking brake pedals for missing, damaged, or worn non-slip surfaces, or rubber pads, as applicable. Inspect the pedal shaft and bushings or bearings for high friction or excessive wear. Vehicles with brake application systems other than air brakes shall have all wheels removed to inspect all brake components. Air brake systems equipped with backing plates, or without inspection ports/slots to allow for visual inspection of brake components shall have all wheels removed to inspect all brake components.

Reject Vehicle If:

(1) A brake spring, retainer, linkage, rod, cable or cable housing, pivot bushing or bearing, mount, or other mechanical brake component is missing, damaged, rusted, or otherwise inoperative or defective;

(2) The disc brake pad or brake shoe movement is restricted due to mechanical component defect;

(3) The service or parking brake pedals are missing rubber pads, or are not otherwise equipped with a non-slip contact surface when applicable; or

(4) The pedal shaft, bushings, or bearings have high friction or are worn excessively.

J. Parking Brakes.  A parking brake is not an emergency brake although the two functions may use the same brake equipment. Parking brakes function to hold a vehicle stationary when the vehicle is not in motion. Set the parking brake firmly and check the ability of the parking brake to hold the vehicle. A parking brake shall hold a stopped vehicle firmly on any road grade and remain applied until released. Vehicles that are equipped with parking brake systems separate from the service brake system are not required to be disassembled for inspection. If equipped with a parking brake warning light, it shall function as designed.

Reject Vehicle If:

(1) The brake fails to hold the vehicle on any road grade on which it is operated;

(2) The parking brake does not remain applied, or will not properly release;

(3) The parking brake components are damaged, loose, or worn out;

(4) The parking brake friction components are contaminated with grease, or coated with other friction-reducing substances; or

(5) The parking brake warning lamp does not perform a self-check when the ignition system is activated or does not function as originally designed if equipped.

K. Emergency Brake Systems. Emergency brake systems are designed to stop a vehicle in motion. The emergency brake may operate using the parking brake system, the service brake system, or a separate brake system. To inspect, fully apply the operating control, or deplete the pressure from a spring brake system to actuate the emergency brake system, and observe if the emergency brake is mechanically engaging. Fully release the operating control or restore pressure to a spring brake system to release the emergency brake system and observe if the emergency brake is fully releasing. The emergency brake shall be capable of stopping the vehicle while in motion. This function may be inspected while the emergency brake is engaged and attempting to move the vehicle. If the vehicle cannot be moved, then no further inspection is required. A trailer of 3,001 pounds (1,361 kg) GVWR or more and any other trailer equipped with brakes shall be equipped with an emergency brake system to stop the vehicle in the event of a disconnect from the towing vehicle.

 

Reject Vehicle If:

(1) The emergency brake does not fully engage when applied;

(2) The emergency brake does not fully disengage when released;

(3) The emergency brake is not capable of stopping the vehicle;

(4) During disassembly, any emergency brake component is damaged, missing, or excessively worn;

(5) Emergency brake friction components are contaminated with grease, or coated with other friction-reducing substances;

(6) Trailer with brakes is not equipped with a functioning emergency brake; or

(7) Trailer emergency brake does not stay applied for at least 15 minutes after activation.

L. Anti-Lock Brake Systems.  Anti-lock brake systems automatically control the degree of rotational wheel slip during braking by sensing the wheel rotational speed and modulates the pressure to the service brake to prevent wheel lock-up during braking. A vehicle manufactured with an anti-lock brake system in conjunction with electronic stability control under the provisions of 49 CFR §571.126 or a vehicle equipped with anti-lock brake system under the provisions of 49 CFR §393.55. Antilock brake systems for commercial vehicles shall be maintained with the system in operational condition, as designed by the manufacturer. Inspect for the presence and the operation of anti-lock brake system warning light during system self-diagnostic check. Inspect for activation of anti-lock brake system warning light during operation of the vehicle that would indicate a fault or failure in the system. Inspect anti-lock brake systems for missing, loose, damaged, worn, or improperly mounted components, or the system is disconnected, disabled, or removed.

Reject Vehicle If:

(1) The anti-lock brake system warning light fails to light or function as designed during self-diagnostic check;

(2) The anti-lock brake system warning light remains lit indicating a system fault or failure; 

(3) The anti-lock brake system warning light activates during operation of vehicle;

(4) The anti-lock system has missing, loose, damaged, worn, or improperly mounted components; or

(5) The anti-lock brake system is disconnected, disabled, or removed.

M. Trailer Brake System Requirements. Trailers up to 3,000 pounds (1,360 kg) GVWR are not required to be equipped with brakes. Trailers 3,001 pounds (1,361 kg) GVWR to 10,000 pounds (4,536 kg) GVWR shall be equipped with brakes on all wheel positions of at least one axle. Trailers 10,001 pounds (4,536 kg) GVWR and over shall be equipped with brakes on all wheel positions of all axles. A trailer that is equipped with brakes shall be inspected to include the entire brake system, which shall meet the standards of this regulation. A trailer 3,001 pounds (1,361 kg) GVWR and over, and any trailer equipped with brakes shall be equipped with an emergency brake system to stop the vehicle in the event of a disconnect from the towing vehicle.

Reject Vehicle If:

(1) A trailer 3,001 pounds (1,361 kg) GVWR to 10,000 pounds (4,536 kg) is not equipped with brakes on all wheel positions of at least one axle;

(2) A trailer 10,001 pounds (4,536 kg) GVWR and over is not equipped with brakes on all wheel positions of all axles; or

(3) A trailer brake system does not meet the standard of this regulation.

.07 Wheels, Tire Pressure Monitoring, and Tires.

A. Wheels. Inspect for minimum wheel rating as specified by the vehicle manufacturer. This minimum rating shall include tire type, design, rim diameter, rim width, and load rating. Inspect the wheels, nuts, studs or wheel bolts, and tire inflation valve, for missing, damaged, mismatched, or improperly installed or tightened conditions. Wheel nuts or wheel bolts shall engage the threads of the corresponding component to a depth that is at least equal to the diameter of the wheel nut or bolt. For example, a ½ inch nut shall engage the corresponding stud for at least ½ inch of depth. All wheels and associated components shall be approved for on-road usage. Wheels shall be stamped or marked with Specialty Equipment Market Association (SEMA), Japan Light Alloy Wheel (JWL), or DOT to indicate the manufacturer’s compliance with federal standards for on-road usage approval.  Wheel adapters stamped or marked in the same manner as approved wheels are permitted, but homemade adapters are not approved. Wheel spacers are not approved for use. Any wheel or component marked for “racing”, off-highway use only”, or other restricted use shall be prohibited. Wheels and rims equipped with lock ring type retainers shall also be inspected for missing, damaged, mismatched, or improperly installed or tightened conditions. Multi-piece wheel or rim locking ring gap shall meet the manufacturer’s specifications, or if the specification is not available, the end gap shall not be less than 1/8 inch or 3mm.

 

 

Reject Vehicle If:

(1) The wheels are damaged, mismatched, or not size or width recommended by the manufacturer;

(2) The wheels are improperly installed or not correctly tightened;

(3) The wheel nuts, studs, or wheel bolts are missing, damaged, mismatched, not of the proper type, or improperly installed or tightened as required by this regulation;

(4) The wheel or tire inflation valve is damaged, or has any other condition that would allow tire air pressure to escape, or would prevent air pressure from being adjusted in the tire assembly;

(5) The wheel or wheel adapter, is not stamped or marked to indicate an approved component design;

(6) A wheel or rim lock ring component is missing, damaged, mismatched, or improperly installed; or

(7) Multi-piece wheel or rim locking ring gap shall meet the manufacturer’s specifications, or if the specification is not available, the end gap shall not be less than 1/8 inch or 3mm. 

B. Tire Pressure Monitoring. The requirements for tire pressure monitoring are set forth in 49 CFR §571.138. Vehicles manufactured with tire pressure monitoring systems shall be maintained with the system in operational condition, as designed by the manufacturer. Inspect for the presence and the operation of tire pressure monitoring system warning light during system self-diagnostic check. Inspect for activation of tire pressure monitoring system warning light during operation of vehicle that would indicate a fault or failure in the system. Inspect tire pressure monitoring system for missing, loose, damaged, worn, or improperly mounted components, or the system is disconnected, disabled, or removed.

Reject Vehicle If:

(1) The tire pressure monitoring system warning light fails to function as designed during self-diagnostic check;

(2) The tire pressure monitoring system warning light is illuminated, indicating a system fault or failure; 

(3) The tire pressure monitoring system warning light activates during operation of vehicle;

(4) The tire pressure monitoring system has missing, loose, damaged, worn, or improperly mounted components; or

(5) The tire pressure monitoring system is disconnected, disabled, or removed.

C. Tire Size, Construction, and Condition.

(1) Inspect for minimum tire size and type as specified by the vehicle manufacturer. This minimum size shall include required rim diameter, tread width, overall tire diameter, load range rating, and construction type as recommended by the vehicle manufacturer. Differences in brand or tread design or tread pattern by axle is not cause for rejection. Tire size changes that do not require reduction of the wheel diameter, tread width, overall tire diameter, load rating, or construction type, and are compliant otherwise may be permitted. Visually inspect for mismatching of tire construction types. Vehicle shall be equipped with tires with the same type of construction at each wheel position. Vehicles equipped with dual wheels may be equipped with tires of different construction on separate axles. Tire circumference size shall be within 85 percent of all other tires unless otherwise specified by the manufacturer of the vehicle. Dual wheel tire assemblies shall not exceed ½ inch difference in diameter of the paired tires. Dual wheel vehicles may be equipped with tires of a different construction on separate axles.

(2) Inspect for tire wear, tread cuts, cracks, bumps, bulges, fabric breaks, exposed or damaged body cords. Inspect for improperly regrooved or recut tires. Visually inspect for restricted usage marking on tire. Inspect the tire for proper size and load range and compare to the manufacturer’s recommendations. Visually inspect, and measure, if necessary, the tread of all tires in at least three locations spaced equally around the circumference of the tire to locate the least amount of tread. A tire tread wear indicator that contacts the road in any major groove indicates low tread level without the necessity of performing a tire tread measurement.

(3) Inspect for UV or ozone degradation damage (weather cracking or checking) on tires. Cracks or checking on tire sidewalls may be normal with age or may be caused by the environment, improper tire maintenance, driver operating habits, cleaning or tire treatment chemicals, or other adverse actions.

Reject Vehicle If:

(a) A tire is worn as prescribed in this regulation:

(i) Less than 2/32 of an inch is measured in any major groove, or a treadwear indicator in any major groove contacts the road;

(ii) A motorcycle tire is worn so that less than 2/32 inch tread is measured at the thinnest point in any groove, or a treadwear indicator in any major groove contacts the road; or

(iii) A steering tire on a commercial vehicle over 10,000 pounds GVWR is worn so that less than 4/32 inch of tread is measured in a major groove; 

(b) A tire is worn to expose cords or belts, or has cuts, cracks, or damage in excess of one inch in any direction, or that exposes the tire cords in the tread or sidewall;

(c) A tire has visible unrepaired punctures, bumps, or bulges indicating partial failure or separation of the tire structure. Tire is not mounted on the proper type or width wheel as specified by the tire or vehicle manufacturer;

(d) Weather cracking or checking is more than 1/16 inch or 2 mm in depth;

(e) A tire circumference is not within 85 percent of the diameter or circumference of all other tires unless otherwise specified by the manufacturer of the vehicle;

(f) Dual wheel tires are not within ½ inch diameter of each of the paired tires;

(g) The tires are not the same type of construction, or as specified by the vehicle manufacturer;

(h) The tires are not the same type of construction on the axle of a commercial vehicle;

(i) The tires do not meet the load range rating for the actual vehicle weight (GVWR) or axle weight (GAWR) as applicable;

(j) Equipped with a tire that has rim diameter mounting size smaller than the manufacturer's specified minimum, or equipped with a tread width, overall tire diameter, or load range rating below the manufacturer's specified minimum;

(k) A regroovable tire has been regrooved or recut below allowed groove depth, or cannot be readily identified as regroovable;

(l) A tire is marked “For farm use only”; “Off-highway use only”; “For racing use only”, “For trailer use only” or any other restricted usage marking;

(m) A tire is equipped with the incorrect type inner tube or inner tube protrudes from rim;

(n) A tube type tire is equipped with the incorrect wheel liner, or the wheel liner protrudes from the rim to contact other equipment;

(o) A metal studded snow tire in Allegany, Carroll, Frederick, Garrett, and Washington counties during period when prohibited (April 1 through October 31) reject in other areas at any time; or

(p) A regrooved, recapped, or retreaded tire is on the steering axle of a bus.

.08 Fuel Systems.

A. Motor Vehicle Powertrain Fuel Systems. The fuel system includes any equipment or component that provides for refueling of the vehicle, storing the fuel, conveying the fuel to the engine, or controlling the flow of fuel into the engine. This equipment includes the fuel filler components, the fuel tank and mounting hardware, the fuel pump, and all necessary piping to carry the fuel from the tank to the engine, including all components of the injection system or carburetor. All components of the accelerator or any hand throttle or choke shall be inspected for condition and function. Any fuel leakage indication shall require visual inspection with the vehicle engine running to identify the source of the fuel system leak. 

B. Auxiliary Equipment Fuel Systems. Auxiliary equipment systems include, but are not limited to refrigeration units, auxiliary power supply units, pumps, generators, welders, and any other fuel-powered auxiliary equipment permanently attached to a vehicle. Visually examine the entire fuel system for the condition of the components, and the use of approved components. Recreational vehicle equipment for heating or cooking shall also be inspected for occupant safety. Auxiliary equipment is not required equipment; however, fuel leakage is not acceptable for environmental and safety issues, and therefore is cause for rejection.

C. Visually examine the entire fuel system for leakage, presence of all required components, the use of approved components, damage, corrosion to the extent that pitting is visible on metal components, and proper mounting or securement of all fuel system components. Inspect for proper operation of the accelerator, and any hand choke or throttle, if equipped.

Reject Vehicle If:

(1) There is fuel leaking at any point in the fuel system;

(2) Any component of the fuel system is missing or has been replaced with any component, not of OEM design, or that is not at least equivalent to the OEM design;

(3) Any component of the fuel system is damaged, deteriorated, collapsed, or corroded to the extent that pitting or flaking is visible;

(4) Any component of the fuel system is not properly mounted or secured as designed by the manufacturer;

(5) The fuel tank cap is missing, or capless system sealing is defective;

(6) The accelerator, accelerator pedal, or other fuel control device does not function properly, is damaged, or is replaced with any component that is not of OEM design, or that is not at least equivalent to the OEM design; or

(7) The hand choke or throttle does not function properly, is damaged, or is replaced with any component that is not at least equivalent to the OEM design.

.09 Exhaust Systems.

A. Motor Vehicle Powertrain Exhaust Systems. The exhaust system includes any equipment or component that conveys vehicle exhaust gases from the engine of the vehicle away from any operator or passenger of a vehicle. Exhaust system equipment shall meet or exceed the OEM exhaust component equipment standards. Off-road, racing, or other non-road vehicle approved exhaust equipment shall not be allowed. The exhaust system must be securely fastened to the vehicle. Exhaust system clamps, hangers, supports, seals and gaskets, and any other required exhaust accessory shall be inspected for presence, function, condition, and proper installation. A flexible exhaust pipe that does not leak is permitted. Exhaust component placement regulated by emissions regulations require certain equipment to remain in the original position and configuration. Alterations to exhaust systems that affect the function or placement of emission control equipment shall be prohibited. Heat shielding shall remain in place or be replaced or repaired using shielding that meets or exceeds the OEM design. Exhaust resonators are installed to supplement muffler effectiveness in the reduction of exhaust sound levels to meet regulations and shall not be eliminated. Certain vehicles are designed and not manufactured with mufflers and meet exhaust sound levels without mufflers, and are not required to be retrofitted with mufflers.

(1) A replacement tailpipe that modifies the original discharge area of the exhaust, shall extend to at least directly in front of the rearmost tire, and discharge beyond the passenger compartment. Exhaust stacks on trucks and exhaust side pipes that are equipped with heat shielding are acceptable so long as no part of this regulation is violated.

(2) Motorcycle exhaust shall discharge exhaust as originally designed, or if not as originally designed, beyond the rearmost seating position of the vehicle, away from the rider or passenger, and be equipped with heat shielding to prevent injury to rider or passenger. Baffles inserted into exhaust piping are not suitable replacements for mufflers.

(3) Exhaust System Inspection. Visually inspect the entire exhaust system for approved equipment, secure and proper mounting, deterioration, damage, and general condition. Corroded areas shall be given particular attention. Manufacturer drainage holes are not cause for rejection. Proper, non-leaking welded, or brazed repairs are permitted. Any audible or visual indication of exhaust leakage or ineffective equipment shall require inspection with the vehicle engine running as applicable, to identify the source of the exhaust system leak.

Reject Vehicle If:

(a) The muffler is missing, not approved, or not effective;

(b) The exhaust is equipped with an exhaust cutout or similar device;

(c) Heat shielding, as originally installed by the vehicle manufacturer or required by this regulation, is missing, damaged, or not securely attached;

(d) Any exhaust component that is not original or at least equivalent to the original has damage or rust that allows exhaust gases to leak, does not properly discharge exhaust gases, or is not securely attached to the vehicle;

(e) The tailpipe does not discharge as originally designed or does not extend to at least directly in front of the rearmost tire, and discharge beyond the passenger compartment; 

(f) There are loose or leaking seams or joints in any exhaust system component or coupling, or any fastener or clamp is missing or damaged;

(g) Temporary repairs have been made to any exhaust system component, or the system is not properly mounted to prevent excessive exhaust system movement;

(h) Any part of the exhaust system passes through the passenger compartment, or there are any leaks in the heat exchange system that warms the interior of the vehicle if equipped;

(i) The tailpipe end is pinched or obstructed, or any part of the exhaust system is located or exposed in a manner that a person may be burned or injured;

(j) A vehicle is equipped with exhaust stacks or exhaust side pipes without effective mufflers and heat shielding;

(k) A motorcycle exhaust has been modified from OEM design; and

(i) Does not discharge exhaust beyond the rearmost seating position of the vehicle, away from the rider or passenger;

(ii) Is not equipped with a muffler, if originally equipped;

(iii) Is equipped with baffles in exhaust piping other than as originally equipped; or

(iv) The exhaust system component is missing, not approved, or not effective;

(l) The function or the installed location of exhaust equipment has been altered to affect the function or placement of emission control equipment.

B. Commercial Vehicle Exhaust System. Commercial vehicle exhaust shall not be located where its location would likely result in burning, charring, or damaging the electrical wiring, the fuel supply, or any combustible part of the motor vehicle. No exhaust system shall discharge to the atmosphere at a location immediately below the fuel tank or the fuel tank filler pipe. No part of the exhaust system shall be temporarily repaired with wrap or patches.

(1) The exhaust of a truck or truck tractor shall discharge to the atmosphere at a location to the rear of the cab, if the exhaust projects above the cab, at a location near the rear of the cab. No part of the exhaust system shall leak or discharge at a point forward of or directly below the driver/sleeper compartment. The exhaust outlet may discharge above the cab/sleeper roofline.

(2) The exhaust of a bus powered by a gasoline engine shall discharge to the atmosphere at or within 6 inches forward of the rearmost part of the bus.

(3) The exhaust system of a bus using fuels other than gasoline shall discharge to the atmosphere either:

(a) At or within 15 inches forward of the rearmost part of the vehicle; or

(b) To the rear of all doors or windows designed to be open, except windows designed to be opened solely as emergency exits.

 

Reject Vehicle If:

(i) The muffler or resonator is missing, not approved, or not effective;

(ii) The exhaust is equipped with an exhaust cutout or similar device;

(iii) Heat shielding, as originally installed by the vehicle manufacturer or required by this regulation, is missing, damaged, or not securely attached;

(iv) Any exhaust component is not original or at least equivalent to the original, has damage or rust that allows exhaust gases to leak, or is not securely attached to the vehicle;

(v) Truck or truck tractor exhaust does not discharge to the rear of the cab, or discharges forward or directly below the driver/sleeper compartment;

(vi) A gasoline powered bus does not discharge within at least 6 inches of the rearmost part of the vehicle;

(vii) A bus using fuels other than gasoline does not discharge within at least 15 inches of the rearmost part of the vehicle, or discharges beneath a door or window designed to be open, except for windows solely designed as emergency exits;

(viii) There are loose or leaking seams or joints in any exhaust system component or coupling, or any fastener or clamp is missing or damaged;

(ix) Temporary repairs have been made to any exhaust system component, or the system is not properly mounted to prevent excessive exhaust system movement;

(x) Any part of the exhaust system passes through the passenger compartment, or there are any leaks in the heat exchange system that warms the interior of the vehicle if equipped;

(xi) The tailpipe end is pinched or obstructed, or any part of the exhaust system is located or exposed in a manner that a person may be burned or injured;

(xii) A vehicle is equipped with exhaust stacks or exhaust side pipes without effective mufflers and heat shielding;

(xiii) The exhaust system discharges to the atmosphere at a location immediately below the fuel tank or the fuel tank filler pipe; or

(xiv) The function or the installed location of exhaust equipment has been altered to affect the function or placement of emission control equipment.

C. Auxiliary Equipment Exhaust Systems.  Auxiliary equipment systems include, but are not limited to stoves, heaters, refrigeration units, auxiliary power supply units, pumps, generators, welders, and other fuel powered auxiliary equipment permanently attached to a vehicle. Visually examine the exhaust system for the condition of the components, the use of approved components, damage, corrosion to the extent that exhaust leaking is present, and proper and secure mounting. Recreational vehicle equipment for heating or cooking shall be equipped with proper venting to the exterior of the vehicle to prevent asphyxiation of occupants. Auxiliary equipment is not required equipment; therefore, exhaust system deficiencies are not cause for rejection. Any deficiency shall be noted during the inspection and the owner or agent for the vehicle will be advised not to operate the equipment until proper repairs have been made.

Record Equipment Deficiency and Advise the Owner or Agent if:       

(1) The muffler or resonator is missing, not approved, or not effective;

(2) The exhaust is equipped with an exhaust cutout or similar device;

(3) Heat shielding, as originally installed by the equipment manufacturer or required by this regulation, is missing, damaged, or not securely attached;

(4) Any exhaust component not original or at least equivalent to the original has damage or rust that allows exhaust gases to leak, does not properly discharge exhaust gases, or is not securely attached to the equipment;

(5) There are loose or leaking seams or joints in any exhaust system component, any fastener or clamp is missing or damaged;

(6) Temporary repairs have been made to any exhaust system component, or the system is not properly mounted to prevent excessive exhaust system movement;

(7) Any part of the exhaust system leaks, or is not equipped with proper heat shielding;

(8) The tailpipe end is pinched or obstructed, or any part of the exhaust system is located or exposed in a manner that a person may be burned or injured;

(9) The function or the installed location of exhaust equipment has been altered to affect the function or placement of emission control equipment; or

(10) A stove, heater, or refrigeration unit on a recreational vehicle does not properly exhaust or vent to the exterior of the vehicle.

D. School Vehicle Exhaust Systems. The inspection of school vehicle exhaust systems requires that the additional protection and placement criteria required due to their unique use be inspected. This includes component design, placement, and heat shielding required in the school vehicle construction standards. An OEM flexible pipe or its equivalent up to 24 inches in length is allowed at the front of the exhaust system at or near the turbocharger. The exhaust system may not pass within 12 inches of a gasoline fuel tank or its connections without proper heat shielding. The exhaust system of a Type I School Vehicle may not pass within 12 inches of a flexible brake or diesel fuel line without proper shielding. The tailpipe of a Type II School Vehicle may exit behind the rear wheel or to the left or right of the rear emergency door and shall not exit under a fuel filler. Exhaust systems shall not be located under the emergency exit.

Reject Vehicle If:   

(1) The exhaust pipe is not of an OEM nonflexible 16-gauge material except as authorized by this regulation;

(2) The muffler is missing, not approved, or not effective;

(3) The exhaust is equipped with a cutout or similar device;

(4) Heat shielding is not OEM or equivalent, is missing, damaged, or not securely attached;

(5) An exhaust component is not OEM or equivalent, or is not securely attached to the vehicle;

(6) The exhaust system discharges exhaust gases under an emergency exit;

(7) The tailpipe of a Type II School Vehicle exits under a fuel filler;

(8) There are loose or leaking exhaust seams or joints, or any fastener or clamp is missing or damaged;

(9) Temporary repairs have been made to any exhaust system component;

(10) Any part of the exhaust system passes through the passenger compartment;

(11) The exhaust is pinched or obstructed, or any part of the system is located or exposed in a manner that a person may be injured; or

(12) The function or the installed location of exhaust equipment has been altered to affect the function or placement of emission control equipment.

.10 Emissions Control Systems.

A. Emissions Equipment Inspection. Emissions equipment conforming to United States EPA regulations for the control of vehicle emissions originally installed by a vehicle or engine manufacturer as applicable by year, model, engine, or application, as required by 40 CFR §86 and in COMAR 11.14, shall be in its original location and configuration. Each vehicle or engine shall be inspected for the emission equipment identified by the emissions label in the engine compartment or on the engine, or by published data from the manufacturer which indicates the emissions equipment originally installed. Emission equipment replacement shall be performed using only OEM equipment during the time and mileage limitations regulated by 40 CFR §86 and in COMAR 11.14 and within the manufacturer’s warranty guidelines. Emission equipment replacement beyond these specified time and mileage limitations may be performed using OEM or equivalent equipment. Fumes, smoke, or particulate matter emitted by a vehicle engine may indicate emission equipment failure or powertrain problems that may cause emission control system failure. Illumination of the Malfunction Indicator Light (MIL) may be emission failure related. Vehicles equipped with 2-cycle engines emit greater amounts of smoke from the exhaust system due to the gas/oil ratio mixture. Smoke emitted by 2-cycle engines for more than 10 seconds is excessive and does not meet the requirements of this regulation.

Reject Vehicle If:

(1) Not equipped with the required emission control equipment in its original location and installed in the original configuration;

(2) Any emission component is replaced with an aftermarket component during the time and mileage requirements described in this regulation;

(3) Any emission equipment component is replaced with an unapproved component;

(4) Fumes, smoke, or particulate matter is emitted by the engine that obscures persons or objects from a clear rear view; or

(5) A 2-cycle engine or a 2-stroke equipped vehicle emits smoke that obscures persons or objects from a clear rear view for more than 10 seconds.

B. OBD II Inspection. The On-Board Diagnostic System (OBD II) compliant vehicle MIL shall be observed for function and illumination during inspection, and the owner/agent for the vehicle advised of potential emission equipment malfunction.

Record MIL Status and Advise the Owner or Agent if:

(1) The MIL does not illuminate during “self-check” inspection; or

(2) The MIL is illuminated with the engine running.

.11 Powertrain and Powertrain Components.

A. The powertrain includes the engine, transmission, drive axles, and connecting equipment components. Any mount or attachment devices that retain or help to retain the engine, transmission, or drive axle components in their proper place on the vehicle are also components of the powertrain. Drive shafts, universal joints, constant velocity shafts and joints, carrier bearings and supports, and slip joints for connecting drive shafts to drivetrain components are also components of the powertrain. Inspect the powertrain and related components for equipment not designed and approved for on-road use, or that is missing, loose, or damaged.

B. Seals and gaskets on powertrain components are designed to prevent the loss of coolant fluids, lubrication fluids or greases, and contamination of powertrain fluids or greases from external sources. The loss of fluids or greases from any drivetrain component may cause a vehicle fire, powertrain damage, or contamination of other components or systems that would adversely affect the safe operation of the vehicle.

C. Inspect the fluid levels in powertrain equipment and related components. Advise vehicle owner/agent of any indication of leakage.

D. Powertrain Condition. Inspect engine, transmission, drive axle, or other powertrain component mounts for proper attachment, damage, dislocation, or for equipment that is not designed and approved for on-road use. Accessory drive belts and tensioners shall be inspected for excessive wear or damage, and proper tension.

E. School Vehicle Drivetrain. Each segment of the drive shaft shall be equipped with a suitable guard to prevent accident or injury in the event of fracture or disconnection.

Reject Vehicle If:

(1) The engine, transmission, drive axle, or other powertrain component mount or attachment is loose, damaged, dislocated, or is not designed and approved for on-road use;

(2) The drive shaft, universal joint, constant velocity shaft, constant velocity joint, carrier bearing or support, slip joint, drive chain or drive belt is loose, damaged, dislocated, or is not designed and approved for on-road use;

(3) The accessory drive belts are excessively worn, damaged to affect operation, or loose;

(4) The tensioner pulley, idler pulley, or other accessory drive belt pulley is excessively worn, damaged to affect operation, or loose;

(5) The engine, transmission, drive axle, or related component has any class of leakage present, and the fluid operating level is below the manufacturer’s recommended minimum level;

(6) The engine, transmission, drive axle, or powertrain component has a Class-3 leakage of coolant, lubrication, grease, or other operating fluid so that fluid or grease is contaminating other components, presents a fire hazard, or is leaking onto the road surfaces;

(7) The engine, transmission, drive axle, or powertrain component is malfunctioning to the extent that the vehicle cannot be driven;

(8) Continuous fumes or smoke that obscures persons or objects from a clear rear view are being emitted by the powertrain of the vehicle; or

(9) A school vehicle drive shaft is not equipped with a suitable guard on every segment of the drive shaft as required by this regulation.

.12 Body Components.

A. Hood, Hinges, and Latches. Inspect for the presence and operation of hinges, latches, safety latches, and hood latch release mechanisms. Stud and safety pin-type latches are acceptable provided force is necessary to overcome the retention feature of the pin to remove it from the stud. The hood shall cover the engine compartment. If equipped with a hood air scoop or hood bubble, the maximum height shall not extend higher than 1/3 of the vertical height of the windshield. On cab-over-engine vehicles inspect the cab floor, hinges, and latches as hood components, as they provide the engine coverage in place of a hood.

Reject Vehicle If:

(1) The hood/engine cover does not fully close and latch;

(2) The hood/engine cover hinge, latch or hood safety latch is missing, loose, or otherwise not functioning as designed;

(3) The hood/engine cover remote release is missing, or damaged to the extent that it does not function as designed;

(4) The hood/engine cover does not cover the engine compartment; or

(5) The hood air scoop or bubble is higher than 1/3 the vertical height of the windshield.

B. Fenders and Flaps.

(1) Fender inspection shall include condition, mounting, and coverage of wheels and tires. Vehicles shall be equipped with fenders that provide at least the same wheel and tire coverage as originally designed by the manufacturer. Modifications of fenders to accommodate tire, wheel, or suspension changes are permitted provided that modifications provide coverage of wheels and tires equal to or exceeding that provided by the vehicle manufacturer and do not violate any part of this regulation otherwise. The top of all fenders shall extend outward from the body to cover the top of wheels and tires. A rear fender is required on a motorcycle, but a front fender is not required unless the motorcycle was originally manufactured with a front fender.

(2) Many vehicles provide coverage of wheels and tires with fender coverage being augmented by the bumper covers, OEM fender extensions or flaps, or a combination of components. Rear fenders are defined as the rear quarter panel of a vehicle from the rearmost door opening rearward and from the window or trunk, or both, opening downward to the extreme bottom edge, and shall include OEM components that augment wheel and tire coverage.

(3) Protectors or flaps required for rear coverage of wheels and tires shall have a ground clearance of not more than 1/3 of the horizontal distance from the bottom edge of the protector or flap to the centerline of the axle, provided, however, that no protector or flap need be closer to the ground than 6 inches under any condition of loading.

(4) Fender and Flap Inspection. Inspect fenders for condition, presence, attachment, and damage. A mere hole in a fender is not cause for rejection, however, any hole in a fender that will allow exhaust fumes to enter the occupant compartment or is such that jagged or sharp edges present a hazard to a pedestrian or passenger is cause for rejection. Inspect for coverage of wheels and tires by fenders and related components as required. The fenders and any augmented coverage shall be constructed of substantial materials and shall be securely attached to the vehicle. All edges shall be rolled or capped to eliminate sharp or jagged edges. Fenders may not contact the tires during different vehicle attitudes. If the bed of a light truck or van body has been changed, and wheel and tire coverage is not provided by a fender or body, the vehicle shall be equipped with flaps behind the rear tires. Uneven fitment or body lines may be indications of improper attachment or hidden body damage present.

 

Reject Vehicle If:

(a) The fender is not OEM or equivalent to OEM, is missing, not securely attached, or is missing components;

(b) The fender has tears, sharp or jagged edges, or any hole or opening which would allow exhaust fumes to enter the occupant compartment, or is jagged or has sharp edges that present a hazard to persons;

(c) The fender coverage does not equal or exceed the specifications provided by the vehicle manufacturer;

(d) The fender contacts tire during different vehicle attitudes; or

(e) The protector or flap does not cover the width of the wheel and tire or extend to at least the horizontal centerline of the wheel.

C. Doors, Hinges, Handles, Latches, and Locks.

(1) Door Equipment Inspection. Inspect the presence and operation of doors, hinges, latches, safety latches, door latch release mechanisms, and door locks. Doors designed for occupants to enter and exit a vehicle shall be equipped with safety latches, interior door latch release mechanisms, and if equipped with door locks, functioning interior lock mechanisms. Inspect all doors, hinges, handles, latches, and interior locks for broken or missing, parts, equipment, or components not certified for use with on-road vehicles, proper operation, and improper adjustment. Electric push button or ring and cable means of opening the door are acceptable provided they are readily accessible to operate the door from both the interior and exterior of the vehicle. Electric door locks that do not work, may be approved if the interior manual locks function to lock and unlock passenger doors.

(2) Vehicles equipped with both manual and electrical lock mechanisms may be certified as compliant with this regulation if the interior manual lock functions without impediment by the electrical mechanism. An electric lock mechanism is not required to function if the manual lock is functional.

(3) Other doors for storage or transportation of cargo, goods, or equipment shall be inspected to ensure that the doors are securely attached to the vehicle and shut and latch securely.

Reject Vehicle If:

(a) The passenger door or door part is missing, has been modified from the original design, or has been modified with components not certified for use with on-road vehicles;

(b) The passenger door is damaged, loosely attached, or latched and adversely affects the operation of the door;

(c) The passenger door handle or latch does not provide a means of readily opening the door from both the interior and exterior of the vehicle;

(d) The passenger door, hinge, handle, latch, or lock mechanism is not original equipment or equivalent;

(e) The passenger door interior lock does not lock and unlock;

(f) The passenger door secondary or safety catch does not function properly;

(g) The passenger door electric lock mechanism impedes the manual operation of a lock; or

(h) A cargo area door or door part is missing, worn, or damaged so that the door is not securely attached or will not securely close.

.13 Bumpers and Rear Metal Frame.

A. Front bumper, rear bumper, and rear metal frame shall be inspected for presence, broken or missing components, abnormal protrusions or sharp edges, or other conditions that could be hazardous to persons. Bumpers may be external and visible or hidden by bumper covers. The bumpers shall be securely mounted to the vehicle and be capable of absorbing a degree of impact equal to, or greater than the OEM design. If equipped with any bumper that is not OEM, it shall be of equivalent or greater strength than the OEM bumper. Inspect bumper height by measuring from the level surface on which the vehicle stands to the bottom edge of the main horizontal bar of the bumper, exclusive of any horizontal or vertical extension bars or bumper guards. On vehicles equipped with soft bumper covering, the measurement will be made on the reinforcing horizontal bar.

B. Passenger Vehicle. Bumper shall be the original equipment or equivalent. Bumper covers are not impact protection but may provide coverage of sharp edges or other hazardous conditions and may also provide fender coverage for tires and therefore shall be inspected as required by the regulations contained in this chapter, as applicable.

Reject Vehicle If:

(1) The bumper is missing, loose, has abnormal protrusions or sharp edges, or other conditions that could be hazardous to persons;

(2) The bumper cover, if equipped, is missing, loose, has abnormal protrusions or sharp edges, or other conditions that could be hazardous to persons;

(3) The bumper is not OEM or equivalent to OEM, or is not capable of absorbing a degree of impact equal to, or greater than the OEM design;

(4) The bumper on a passenger vehicle is higher than 20 inches from the road surface to the lower edge of the major portion of the bumper; or

(5) The bumper extends beyond the widest part of the vehicle.

C. Trailer or Semitrailer 3,000 pounds (1,360 kg) GVWR or greater.  Vehicle shall be equipped with a permanent metal frame or bumper attached to the underside of the rear of the trailer. The metal frame or bumper may not be wider than the body of the vehicle and shall extend outward to the left and right sides of the vehicle as required in this regulation. Low chassis vehicles, special purpose vehicles, or wheels back vehicles constructed and maintained so that the body, chassis, or other parts of the vehicle provide the rear end protection shall be considered to be in compliance with this regulation. Pole trailers and pulpwood trailers are not required to meet this regulation.

Reject Vehicle If:

(1) The bumper, major body assembly, or rear metal frame of a trailer 3,000 pounds (1,361 kg) GVWR or more, exceeds the height for design model year as follows:

(a) A trailer constructed after December 31, 1952 – exceeds 30 inches to the lower edge of the frame or bumper; or

(b) A trailer constructed on or after January 26, 1998 – exceeds 22 inches to the lower edge of the frame or bumper.

(2) The bumper, major body assembly, or rear metal frame of a trailer 3,000 pounds (1,361 kg) GVWR or more, does not extend transversely towards the left and the right outermost sides of the vehicle as follows:

(a) A trailer constructed after December 31, 1952 – within 18 inches of the left and the right sides of the vehicle; or

(b) A trailer constructed on or after January 26, 1998 – within 4 inches of the left and the right sides of the vehicle.   

(3) The bumper, major body assembly, or rear metal frame is missing, loose, has abnormal protrusions or sharp edges, or other conditions that could be hazardous to persons;

(4) The bumper, major body assembly, or rear metal frame is not capable of absorbing a reasonable degree of impact; or

(5) The bumper, major body assembly, or rear metal frame extends beyond the widest part of the vehicle.

D. Truck Chassis Vehicle, Bus, and Multipurpose Vehicle 10,000 pounds (4,536 kg) GVWR and under. The bumper shall be the original equipment or equivalent. A vehicle manufactured with a reinforced body assembly to provide rear impact protection shall be considered to be in compliance with this regulation, otherwise, the vehicle shall be equipped with a rear bumper. Bumper covers are not impact protection but may provide coverage of sharp edges or other hazardous conditions, may also provide fender coverage for tires, and therefore shall be inspected as required by the regulations contained in this chapter.

Reject Vehicle If:

(1) The bumper, body or if the body provides impact protection, is missing, loose, has abnormal protrusions or sharp edges, or other conditions that could be hazardous to persons;

(2) The bumper cover, if equipped, is missing, loose, has abnormal protrusions or sharp edges, or other conditions that could be hazardous to persons;

(3) The bumper, body or if the body provides impact protection, is not capable of absorbing a reasonable degree of impact;

(4) The bumper, body or if the body provides impact protection, is higher than 28 inches from the road surface to the lower edge of the major portion of the impact protection or bumper; or

(5) The bumper, body or if the body provides impact protection, extends beyond the widest part of the vehicle.

E. Truck Chassis Vehicle, Bus, and Multipurpose Vehicle 10,001 – 18,000 pounds GVWR. Exceptions: truck tractors and vehicles engaged in drive-away or tow-away operations are not subject to this regulation due to the specific design and purpose of the vehicle which prevents compliance. A vehicle manufactured with a reinforced body assembly to provide rear impact protection shall be considered to be in compliance with this regulation, otherwise, the vehicle shall be equipped with a rear bumper or rear metal frame. The rear bumper, major body assembly, or rear metal frame may not be any wider than the width of the truck and may not be more than 30 inches above the ground. The maximum transverse distance from the widest part of the vehicle at the rear to the bumper or metal frame may not exceed 18 inches. The provisions of this section do not apply to vehicles where the installation of the required bumper or metal frame would prevent operation of the vehicle for its designated purpose.

Reject Vehicle If:

(1) The bumper, major body assembly, or rear metal frame is missing, loose, has abnormal protrusions or sharp edges, or other conditions that could be hazardous to persons;

(2) The bumper, major body assembly, or rear metal frame is not capable of absorbing a reasonable degree of impact;

(3) The bumper, major body assembly, or rear metal frame extends beyond the widest part of the vehicle; or

(4) The bumper, major body assembly, or rear metal frame does not extend to within 18 inches of the left and right sides of the vehicle.

F. School Vehicle Bumpers and Rear Metal Frame.  Bumpers are regulated on Type I and Type II school vehicles for material size, height, width, and color. Rear bumpers shall extend beyond the rearmost part of the body surface at least 1 inch, measured at the floor line.

(1) Type I School Vehicle. The front bumper shall be of heavy-duty steel channel or equivalent, at least 3/16 inch thickness and not less than a 9 inch face, painted black, and shall extend around the outer edges of the fender. Bumper and bumper supports shall be of sufficient strength to permit towing or pushing by another vehicle without damage. The rear bumper shall be of 3/16 inch pressed steel channel or equivalent and shall have not less than a 9 inch face. It shall wrap around the back corners of the bus and shall extend forward at least 12 inches measured from the rearmost point of the body at the floor line. The maximum height of the rear bumper shall be no more than 30 inches when measured from the bottom edge to the level surface upon which the unloaded vehicle stands.

(2)  Type II School Vehicle. The front bumper shall extend to protect the outer edges of the fenders. The front bumper shall measure between 14 and 18 inches when measured from the bottom edge to the level surface on which the unloaded vehicle stands. The rear bumper shall be of 3/16 inch-thick steel, or equivalent material, and have at least a 7 inch face. The rear bumper shall be attached directly to the chassis frame at a height between 14 and 18 inches from the bottom edge to the level surface upon which the unloaded vehicle stands.

Reject Vehicle If:

(a) The bumper is not constructed of an approved material, or is not mounted to the vehicle as required;

(b) The bumper is any color other than black;

(c) The bumper is not constructed and maintained using the required dimensions by type of vehicle, or has sharp edges that could injure persons;

(d) The bumper is missing, damaged, or otherwise not structurally able to absorb an impact, or is not able to be towed or pushed by another vehicle;

(e) A Type I School Vehicle rear bumper measured height exceeds 30 inches from the level surface upon which the unloaded vehicle stands, or the bumper does not extend at least 12 inches forward from the rearmost point of the body at the floor line;

(f) A Type II School Vehicle front or rear bumper measured height is not between 14 and 18 inches when measured from the bottom of the bumper to the level surface upon which the unloaded vehicle stands; or

(g) The rear bumper of a school vehicle does not extend beyond the rearmost part of the body at least 1 inch, measured at the floor line.

.14 Floor, Trunk, Bulkhead, and Interior Engine Covers.

A. Enclosed motor vehicle floor, trunk, and bulkhead shall be inspected for holes or corroded or weakened conditions. Loose floor covering may present a hazard to occupants of the vehicle and may expose electrical wiring to damage. Engine covers within the occupant compartment of the vehicle shall be sealed against the entry of exhaust gases or other fumes and firmly fastened down.

B. Open cockpit autocycles are not required to meet the requirements to be sealed against the entry of exhaust gases or other fumes.

Reject Vehicle If:

(1) The floor (underside of vehicle and bulkhead), is cracked, has holes, or is corroded through or weakened to cause a hazard to an occupant, affect the secure mounting of seats, or permit exhaust gases or engine fumes to enter the occupant compartment;

(2) The trunk/underside of vehicle or cargo area is corroded out, contains holes or openings, or permits exhaust gases or engine fumes to enter the occupant compartment;

(3) The floor covering is missing, cracked, curled, or worn, not properly sealed or attached, presents a tripping hazard or exposes wiring to damage; or

(4) The interior engine cover in the occupant compartment of the vehicle is not sealed against the entry of exhaust gases or fumes or is not firmly fastened down.

C. School Vehicle Interior Floor.  Covering shall be the required thickness of fire-resistant, nonskid rubber, permanently bonded to the floor. There shall be a heavy-duty, white-nosed rubber wear plate where the floor covering meets the steps.

Reject Vehicle If:

(1) The school vehicle floor covering is not comprised of the proper material;

(2) The school vehicle floor covering is missing, damaged, or not permanently bonded to the floor;

(3) The school vehicle floor joints or seams are not bonded, welded, or not covered by approved strips or moldings; or

(4) The school vehicle floor to step area is not equipped with heavy-duty white-nosed wear plates as required.

D. Cargo Area Floor, Sides, and Bulkhead.  Cargo areas shall be constructed of substantial materials and able to support the specified or rated payload of the vehicle for cargo and prevent cargo from falling or spilling from the vehicles. The floor of a vehicle designed to carry cargo that is separate from a passenger compartment shall be inspected for holes, corroded, or weakened conditions to ensure that cargo transported on or within the vehicle does not fall or spill through the surface. Bulkheads and sides designed to contain cargo or protect vehicle occupants shall be inspected for hazardous or unsafe conditions. The supporting equipment to include the cross members and bracing shall also be inspected.

Reject Vehicle If:

(1) The floor (underside of vehicle) of cargo area contains holes or openings that could allow cargo to fall or spill through, or is damaged or weakened to the extent that the load-carrying capacity is adversely affected;

(2) The cross member or bracing is missing, cracked, corroded, or has other unsafe or hazardous condition;

(3) The bulkhead separating the occupant compartment of the vehicle from the cargo area is not sealed against the entry of exhaust gases or fumes, or is damaged or weakened so as to allow cargo to fall or spill from the vehicle;

(4) The bulkhead is damaged, weakened, or has holes that would allow cargo to fall or spill from the vehicle, or allow cargo to impact a motor vehicle towing the trailer; or

(5) The sidewall, sideboard, or other body equipment that is designed to contain cargo is damaged, weakened, or has holes that would allow cargo to fall or spill from the vehicle.

.15 Rearview Mirrors.

A. All motor vehicles shall be equipped, as applicable, with rearview mirrors. Enclosed vehicles shall be equipped with an inside rearview mirror and a driver's side rearview mirror providing a view of the highway for a distance of at least 200 feet to the rear. If the interior rearview is obstructed by design, a vehicle shall be equipped with an outside passenger side rearview mirror.  From the driver's position, visually inspect all rearview mirrors for a clear and reasonably unobstructed view to the rear. Look for the correct location, stable mounting, cracks, ease of adjustment, and ability to hold an adjustment. Intersecting cracks or other damage or condition that result in multiple images being reflected shall not be permitted.

B. Motorcycle Mirrors. Inspect for proper size, secure mounting, visibility, and condition of mirror and its mounting hardware. The mirror shall be securely mounted and sufficiently stable to provide a readily distinguishable image to the rider under normal conditions. The mirror shall be regular in shape (circular, oval, rectangular, or square) and may not contain sharp edges, projections, or irregular indents capable of producing injury. Motorcycles shall be equipped with two rearview mirrors, one on each side of the vehicle with a reflective area of at least 12.5 square inches of reflective surface or, if convex, at least 10 square inches of reflective surface.

Agency Note: Mirrors on 1977 and earlier motorcycles were only required to have at least 7 square inches of reflective surface.

Reject Vehicle If:

(1) A motorcycle is not equipped with both a left-side and a right-side rearview mirror meeting size requirements of this regulation;

(2) A mirror is cracked or discolored, causing a distorted view;

(3) A mirror is improperly installed or loosely mounted;

(4) A minimum 200-foot visibility cannot be achieved; or

(5) A mirror has intersecting cracks or other damage or condition that distort or result in multiple images being reflected.

C. Exterior Mirrors. All motor vehicles shall be equipped with an outside rearview mirror on the driver's side providing a view of the highway for a distance of at least 200 feet to the rear. From the driver's position, visually inspect all exterior mirrors for a clear and reasonably unobstructed view to the rear. Look for correct location, stable mounting, ease of adjustment, and ability to hold an adjustment. Cracks or other damage or condition that result in multiple images being reflected shall not be permitted. Vehicles equipped with AS-3 glazing material, add-on tinting material, or approved stickers shall be equipped with outside mirrors on both the left and the right side.    

Reject Vehicle If:

(1) The exterior rearview mirror is missing (when required);

(2) The exterior rearview mirror mounting is loose so that rear vision does not provide visibility at least 200 feet to the rear, or is otherwise impaired;

(3) The exterior rearview mirror cannot be adjusted or will not hold an adjustment;

(4) The exterior rearview mirror does not provide an unobstructed view to the rear;

(5) The exterior rearview mirror is obscured by windshield pillar;

(6) The exterior rearview mirror is pitted, or discolored to the extent that rear vision is obscured; or

(7) The exterior rearview mirror has intersecting cracks, other damage, or conditions that distort or result in multiple images being reflected.

D. Interior Mirrors. Vehicles shall be equipped with an inside rearview mirror as designed. A vehicle designed or constructed where the view through an inside rearview mirror is obstructed shall be equipped with outside rearview mirrors on both sides. The inside rearview mirror shall be adjustable and provide a clear, stable reflected view 200 feet to the rear. From the driver's position, visually inspect the interior mirror for proper mounting, location, sharp edges, ease of adjustment, and ability to hold an adjustment. Cracks or other damage, or condition that distort or result in multiple images being reflected shall not be permitted.

Reject Vehicle If:

(1) The interior rearview mirror is missing (when required);

(2) The interior mirror cannot be adjusted, or will not hold an adjustment;

(3) The interior mirror is pitted, or discolored to the extent that rear vision is obscured;

(4) The interior mirror has sharp edges that could be hazardous to occupants of the vehicle;

(5) The interior mirror does not provide an unobstructed view at least 200 feet to the rear;

(6) The interior mirror view is obstructed by vehicle design, and vehicle is not equipped with outside rearview mirrors on both the left and right exterior sides of the vehicle; or

(7) The interior rearview mirror has intersecting cracks, other damage, or conditions that distort or result in multiple images being reflected.

E. School Vehicle Mirrors.

(1) Type I School Vehicle interior rearview mirror size shall be at least 6 by 30 inches with rounded corners and protected edges. If the mirror is not metal backed and framed, the mirror shall be of laminated safety glass; and

(2) Type II School Vehicle interior rearview mirror shall be at least 5 by 15 inches with rounded corners and protected edges. If the mirror is not metal backed and framed, the mirror shall be of laminated safety glass.

Reject Vehicle If:

(a) The interior rearview mirror is missing or not of the proper size by type of vehicle;

(b) The interior mirror cannot be adjusted or will not hold an adjustment;

(c) The interior mirror is pitted or discolored to the extent that rear vision is obscured;

(d) The interior mirror has sharp edges that could be hazardous to occupants of the vehicle;

(e) The interior mirror does not provide an unobstructed view at least 200 feet to the rear; or

(f) The interior mirror has intersecting cracks or other damage, or condition that distort the view or result in multiple images being reflected.

(3) School vehicle exterior mirrors shall include two adjustable exterior clear view mirrors with black housings, one installed on each side of the vehicle. Fender mounted mirrors may be mounted using a tripod or solid piece mirror brackets. A convex mirror shall be mounted on each front fender. A single mirror of a type approved by the administration in conjunction with the State Department of Education may be used in place of the convex mirrors in this regulation.

Reject Vehicle If:

(a) The exterior rearview mirror is missing or not of an approved type;

(b) The exterior rearview mirror is loose, so the rear vision is impaired;

(c) The exterior rearview mirror cannot be adjusted or will not hold an adjustment;

(d) The exterior rearview mirror does not provide visibility at least 200 feet to the rear, or is otherwise impaired;

(e) The exterior rearview mirror is obscured by windshield pillar;

(f) The exterior rearview mirror is pitted or discolored to the extent that rear vision is obscured;

(g) The exterior rearview mirror has intersecting cracks or other damage, or conditions that distort vision, or result in multiple images being reflected; or

(h) The convex mirror on a front fender does not provide a close infield of vision to eliminate blind spots.

.16 Equipment for Operator and Passengers.

A. Front Driver’s Seat and Passenger Seats. The front driver's seat adjusting mechanisms shall operate as designed to provide adjustment for the driver. The front driver’s seat and all other seats provided for passengers while the vehicle is being operated shall be securely and properly anchored to the vehicle and shall not have damage or other conditions that may be hazardous to occupants of the vehicle.

(1) Inspect for the presence of the front driver's seat and its condition. Inspect seat adjustment for proper function. Inspect all seat anchor bolts. Inspect all seating for protruding springs or other objects that could catch clothing or cause injury. 

Reject Vehicle If:

(a) The front driver's seat is missing or unsafe;

(b) The front driver’s seat position adjusting mechanisms do not adjust to all positions, slips out of position, or does not provide for adjustment;

(c) Any seat is not securely and properly fastened to the floor;

(d) The driver or other occupant seat has protruding springs or other objects that could catch clothing or cause injury;

(e) The headrest is damaged, or is missing from a seat that was originally equipped with a headrest;

(f) A motorcycle passenger handhold device is missing or unsafe; or

(g) The motorcycle foot pegs are missing or unsafe.

(2) School Vehicle Upholstery and Covers. Seat, crash barrier, padding, and other covered or upholstered interior equipment procured for use in this State as of January 1, 2014, are required to be constructed with materials that enable them to meet all the criteria of the school vehicle upholstery fire block test established by the National School Transportation specifications and procedures adopted at the most recent national congress on school transportation.

Reject Vehicle If:

(a) The upholstery or cover for a seat, crash barrier, inner liner, paneling, or other covered interior equipment is missing, damaged, or not securely attached; or

(b) The upholstery, cover, or padding is not constructed with fire block material as required.

B. Defroster.  Inspect the defroster system to ensure that the defroster discharges air onto the windshield, and the windows to the left and right of the driver, if so designed.

Reject Vehicle If:

(1) Discharged air from the defroster is not warm when the engine is at operating temperature; or

(2) Air does not discharge from the defroster vents, or it is not directed onto the windshield, and windows to the left and right of the driver, if so designed.

C. Driver Sun Visor. Visually inspect visor for presence, function, and stable adjustment.

Reject Vehicle If:

(1) The visor is missing on driver's side;

(2) The visor does not restrict light as designed; or

(3) The visor cannot be maintained in a set position.

D. School Vehicle Visor. Type I School Vehicle visor shall be at least 6 inches wide and 30 inches long. Type II School Vehicle visor shall be at least 5 inches wide and 30 inches long.

Reject Vehicle If:

 School vehicle visor does not meet the minimum OEM size requirement for the type of vehicle.

E. School Vehicle Heater. The heating system shall be capable of maintaining at least a 50°F interior temperature.

Reject Vehicle If:

Vehicle heater cannot maintain a temperature of at least 50°F.

F. Motorcycle Rider and Occupant Safety Equipment. This includes seating, passenger handhold devices, and footrest assemblies. A motorcycle seat that provides for a passenger seat position that cannot be utilized by a passenger due to other installed equipment is not required to be equipped with passenger handhold devices or passenger footrest assemblies. If the passenger seat is made accessible, then all passenger safety devices shall be in place. Motorcycles built before 1975 were not required to be equipped with retractable footrest assemblies.

(1) Rider and passenger seats shall be properly attached. Seat locking device shall function where applicable;

(2) If a passenger is to be transported, a properly attached handhold device shall be provided on the motorcycle and shall be of sufficient strength and size to provide adequate support to any passenger. A strap or bar device is acceptable; and

(3) For each designated seating position, or if a passenger is to be transported, the motorcycle shall be equipped with a footrest assembly on each side of the motorcycle. The passenger footrest shall not extend more than 1 inch beyond the widest part of the motorcycle and shall be retractable.

Reject Vehicle If:

(a) The seat is improperly attached to the motorcycle, or seat locking device does not function where applicable;

(b) The seat has protruding springs or other objects that could catch clothing or cause injury;

(c) The passenger seat is not equipped with a handhold device, or the handhold is damaged, loose, or otherwise defective;

(d) A required footrest is missing, damaged, or loose;

(e) A passenger is capable of being transported and passenger footrests are not present;

(f) The passenger footrests extend more than 1 inch beyond the widest part of the motorcycle excluding handlebars; or

(g) The passenger footrest does not retract.

.17 Seat Belts, and Supplemental Restraint Systems.

A. Seat Belts. A motor vehicle transporting passengers shall be equipped with seat belts for each occupant position of the vehicle, as required by 49 CFR §571.208 and 49 CFR §571.209. A vehicle registered as a taxicab or as a school bus shall be equipped with a driver’s seat belt but is not required to be equipped with passenger seat belts under this regulation.

Agency Note: Vehicles manufactured or assembled before June 2, 1969, were not required to be equipped with rear seat belts, and vehicles manufactured or assembled before June 2, 1964, were not required to be equipped with front seat belts, but if equipped with seat belts, they shall comply with the standards of this regulation.

B. Inspect seat belts for presence, mounting, function, and damage that obstructs the correct operation of the belt or significantly weakens the webbing. Fraying on edges that does not result in fabric separation of the webbing is not a cause for rejection. Damaged webbing shall be replaced, repairs to webbing shall not be permitted. 

Reject Vehicle If:

(1) A seat belt is not OEM or equivalent;

(2) A seat belt is missing or does not function properly. (Each passenger seating position shall be equipped with seat belts);

(3) A seat belt is not properly secured;

(4) A seat belt is damaged to affect safe operation;

(5) A seat belt webbing is frayed resulting in fabric separation of the webbing, has incomplete or loose stitching;

(6) A seat belt webbing has been repaired;

(7) A seat belt buckle does not operate properly;

(8) A seat belt mounting surface is badly deformed, damaged, corroded, or inadequate; or

(9)  A seat belt retracting/inertia mechanism does not operate properly.

C. Passenger Airbag Restraint Systems. FMVSS 49 CFR §571.208 requires certain vehicles to be equipped with front driver and passenger airbags. All 1998 model year or newer passenger vehicles are required to be equipped with front driver and passenger airbags. All 1999 model year or newer trucks, buses, or multipurpose passenger vehicles with a GVWR of 8,500 pounds (3,855 kg) or less are required to be equipped with front driver and passenger airbags.

Reject Vehicle If:

(1) An airbag is deployed on any vehicle;

(2) An airbag is not present if originally required to be equipped;

(3) The airbag warning indicator does not self-check if originally required to be equipped; or

(4) The airbag warning indicator is illuminated during operation if originally required to be equipped.

.18 Automatic Transmission Gear Indicator and Neutral Safety Switch for Starter.

A. The transmission gear indicator and a neutral safety switch are required for a vehicle with an automatic transmission. Inspect the gear selector for proper indication of the engaged gear/transmission position with engine running. Test the park, neutral, forward, and reverse positions for accuracy.

B. Inspect neutral safety switches for proper function and condition for automatic transmissions.

Reject Vehicle If:

(1) The gear selection indicator is missing or does not accurately indicate the correct position or direction of travel; or

(2) The neutral safety switch allows the engine to start in any gear or will not start in park or neutral with automatic transmission.

.19 Manual Transmission Neutral Safety and Clutch Safety Starter Switches.

Manual transmission clutch or neutral safety switch shall be inspected for proper function and condition, if so equipped.

Reject Vehicle If:

(1) The manual transmission clutch safety switch allows the starter to operate without depressing clutch pedal, as applicable to a vehicle so equipped when originally manufactured; or

(2) The neutral safety switch allows the engine to start in any gear, as applicable to a vehicle so equipped when originally manufactured.

.20 Speedometer and Odometer.

Motor vehicle speedometer and odometer shall be present and operate with a degree of accuracy. The dial and calibration shall be legible and calibrated in miles or kilometers. Speedometer shall register speed, and odometer shall register and retain the total distance traveled but are not subject to certification for accuracy.

Reject Vehicle If:

(1) The speedometer, odometer, or both, are disconnected, inoperable, or operate without a degree of accuracy;

(2) The dial and calibrations are not legible;

(3) The speedometer does not register speed in miles per hour, kilometers, or both; or

(4) The odometer does not register distance traveled.

.21 Windshield Wipers and Washers.

A. Windshield wipers shall operate as originally designed to clear the windshield for a safe view by the driver of the vehicle from the driver’s position. Inspect for function, proper size of wiper blades, hardened rubber elements of wiper blades, and damaged or loose wiper blades or wiper arms. Inspect for proper contact of the wiper blades to the windshield by raising the wiper arm and observing that the arm returns and contacts the windshield firmly. Inspect for proper operation of the windshield wiper control switch on all speeds. Windshield shall be free of insects, oil film, or other foreign matter, and should be continuously wet when tested. School vehicle wiper blades shall be at least 14 inches long. Intermittent wipers that do not function may be certified if high and low wiper speeds are functioning properly.

B. Vehicles manufactured with windshield washers, and vehicles that are equipped with windshield washers shall have operational systems capable of containing washer fluid and distributing washer fluid onto the windshield from the driver’s position to aid in clearing and cleaning the windshield.

Reject Vehicle If:

(1) The windshield wipers do not function, or cannot be controlled or operated from the driver's position;

(2)A wiper blade is missing, is not the proper size or the rubber element is hardened or damaged;

(3) A windshield wiper arm is missing, loose, or damaged;

(4) A windshield wiper arm does not have sufficient tension to hold the wiper blade against the windshield;

(5) The wiper control switch does not function as originally designed;

(6) The windshield wipers do not clear the windshield properly, (Full clearing of the wiper sweep area);

(7) The windshield wiper arms do not return to park position when the windshield wipers are turned off;

(8) The windshield washers do not function properly, or are not directed onto the windshield wiper sweep area;

(9) A windshield washer system leak impedes proper operation;

(10) The windshield washer reservoir has damage or other conditions that cause loss of washer fluid; or

(11) A school vehicle wiper blade is less than 14 inches.

.22 Glazing.

A. In this regulation, the following terms have the meanings indicated.

 (1) “Acute area” means the windshield area 8 inches wide by 5 inches high, located directly in front of the driver, centered vertically on the steering wheel, and horizontally in the center of the critical area.

(2) “Cloudiness” means any degree of visible discoloration or separation, except tinting that does not affect clear vision.

(3) “Critical area” means the normal windshield wiper sweep, excluding the acute area, and any area obscured by the hood, fenders, or rearview mirror.

(4) “Damage” means cracks, nicks, pits, chips, star breaks, half-moons or bullseye fractures, discoloration, sharp edges, wiper blade scratches, or other obstructions to driver’s view, or other broken or exposed sharp edges.

(5) “Discoloration” means a condition that impairs the transparency of the glazing.

(6) “Medical exemption” means a written certification from a physician licensed to practice medicine in the State of Maryland. This must remain in the vehicle for presentation to law enforcement personnel, upon request.

(7) “Non-critical area” means all windshield area outside the critical area.

(8) “Normal windshield wiper sweep” means the area of the windshield cleaned by the windshield wiper, excluding the return position on both passenger's and driver's sides.

(9) “Post Manufacture Window Tint Medical Exemption Form” means a form completed by the Division after examination of a vehicle owner’s medical exemption from a physician licensed to practice medicine in the State of Maryland. The form authorizes a licensed inspection mechanic to exempt the vehicle's windows, equipped with post manufacture window tint, from meeting the light transmittance requirement during a vehicle inspection or during certification of a SERO.

B. Markings for Glazing. Safety glazing material is marked with the letters “AS” followed by a number from 1 through 16B, which indicates where the glazing may be used on the vehicle. Safety glazing material also has the symbol DOT and a manufacturer’s code mark that the NHTSA, assigns to the manufacturer. Windows located to the rear of the driver position of passenger vehicles, trucks, tractors, buses, vans, and multipurpose passenger vehicles may be equipped with AS-3. A vehicle shall be equipped with properly marked and utilized glazing. Glazing shall be clear of foreign matter and load obstructions when presented for inspection.

Reject Vehicle If:

Glazing material is not marked to indicate type or improper glazing is used in any vehicle window.

C. Side and Rear Windows.

(1) Driver's side window operation. Inspect operation of window on driver's side. Window shall open and close, except driver’s side windows equipped with AS-10 glazing.

(2)  Passenger side windows and rear windows. Inspect for presence of passenger windows or rear windows as applicable.

(3) School vehicle side and rear windows. Window and door glazing material to the left and right sides of the driver shall be AS-2 laminated safety sheet, and the passenger compartment windows shall be AS-2 or AS-3 material. Passenger compartment windows shall open from the top at least 9 inches by 22 inches to provide an emergency exit.

Reject Vehicle If:

(a) A driver's side window does not open and close to permit hand signals;

(b) A window crank handle is loose, damaged, or contains sharp edges hazardous to occupants;

(c) A passenger window is missing or not of an approved glazing material;

(d) A rear window is missing or not of an approved glazing material;

(e) A school vehicle window is not of an approved material, or is missing;

(f) A school vehicle passenger window does not open from the top at least 9 inches by 22 inches; or

(g) A school vehicle window has missing or damaged banding resulting in exposed edges.

 

D. Glazing Damage.

(1) Windows. Inspect for damage as defined in §A(4) of this regulation, or unapproved modification.

Reject Vehicle If:

(a) Any window is modified, or has exposed sharp edges;

(b) There is damage, foreign matter obstruction, or conditions that interfere with the driver's view to the left and right outside of the vehicle through vehicle side window glazing;

(c) There is damage, foreign matter obstruction, or conditions that interfere with the driver's clear view 200 feet to the rear of the vehicle through vehicle rear window glazing; or

(d) There is permanent equipment installed or other condition which obstruct the driver's view to the rear, and the vehicle is not equipped with an outside rearview mirror on each side.

(2) Windshield. Inspect windshield for any damage as defined in §A(4) of this regulation, unapproved modifications, discoloration, wiper blade scratches, or other obstructions to driver view. Motorcycles are not required to be equipped with windshields or windscreens. If a motorcycle is equipped with a windshield or windscreen, it shall be of an approved type with the appropriate markings indicating type and approved usage. A motorcycle windshield shall be inspected for foreign matter obstructions, damage, and proper installation. A motorcycle windscreen is not subject to inspection for light transmittance, view, or color.  

(a) Windshield Driver's Side Inspection.

Reject Vehicle If:

(i) Cloudiness exceeds 1 inch from the top or side or 1 inch into the critical area from the bottom. If the windshield is divided, the cloudiness may not exceed ½ inch from the center divider;

(ii) Acute area contains any damage in excess of ¼ inch in diameter or length or any combination of damage which cumulatively exceeds ¼ inch in diameter or length or any condition which significantly interferes with the driver's vision;

(iii) Critical area contains wiper blade scratches which are severe enough to distort vision, or any damage in excess of ½ inch in diameter or length, or any combination of individual damage, which cumulatively exceeds ½ inch in diameter or length or any condition which significantly interferes with the driver's vision except in the permitted cloudy area;

(iv) Non-critical area contains any individual or combination of intersecting damage extending inward more than 2 inches separately or cumulatively from the outer frame on flat or curved windshields or over 4 inches on wraparound windshields. Damage in excess of ¾ inch in diameter or length, or any combination of damages which cumulatively exceed ¾ inch in diameter or length or any permanent condition which significantly interferes with the driver's vision except in the permitted cloudy area may not be present; or

(v) Any part of the windshield is missing, has an unapproved modification, or has damage or other condition that is prohibited in this regulation.

(b) Windshield Passenger Side Inspection.

Reject Vehicle If:

(i) Cloudiness exceeds 2 inches from the top or side or extends more than 2 inches into the critical area from the bottom. If the windshield is divided, the cloudiness may not exceed ½ inch from the center divider;

(ii) Critical area contains wiper blade scratches that are severe enough to distort vision, or any damage in excess of ¾ of an inch in diameter or length, or any combination of individual damage, which cumulatively exceeds ¾ of an inch in diameter or length or other condition which significantly interferes with the driver's vision except in the permitted cloudy area; or

(iii) Non-critical area contains any individual or combination of intersecting damage extending inward more than 4 inches separately or cumulatively from the outer frame on flat or curved windshields, or over 6 inches on wraparound windshields. Damage in excess of 1½ inch in diameter or length, combination of damages which cumulatively exceed 1½ inch in diameter or length, or permanent condition that significantly interferes with the driver's vision except in the permitted cloudy area shall not be present.

(c) Motorcycle Windshield or Windscreen. A windshield is defined as being in the operator’s line of vision and therefore is required to have at least 70 percent light transmittance in the viewable area. Windshield areas in front of vehicle equipment, which are not in the operator’s line of vision, may have tinting or stickers applied. A windscreen is defined as not in the operator’s line of vision and therefore is not required to have at least 70 percent light transmittance, but shall be of an approved material with the appropriate AS marking.

Reject Vehicle If:

(i) The windshield or windscreen is not of an approved type, or is improperly installed;

(ii) The windshield or windscreen is damaged;

(iii) The windshield viewable area is obstructed, or equipped with tinting material of any kind; or

(iv) The windscreen or fairing extends into the operator’s line of vision.

E. Signs and Materials on Windshield or Windows. Glazing shall not be equipped with unauthorized material or have conditions that obscure the driver's vision.

(1) Except as provided in §F(2) of this regulation, a vehicle may not be equipped with any sign, poster, card, sticker, or other nontransparent material on the windshield, side wings, or side or rear windows of the vehicle;

(2) This does not apply to:

(a) Materials placed on the windshield sun band above the AS-1 line, or 5 inches from the top edge of the windshield, whichever is less, if the material does not interfere with the driver’s clear view;

(b) Materials placed on the windshield or rear window, within a 7 inch square area in the lower corner, or on the side windows of the vehicle to the rear of the driver, if the materials are placed as not to interfere with the driver’s clear view;

(c) Direction, destination, or termini signs on any passenger common carrier motor vehicle;

(d) An electronic toll collection device placed in the windshield of a vehicle in accordance with guidelines established by the Maryland Transportation Authority;

(e) Security stickers authorized by a federal or state government agency that measure not more than 2 inches high and not more than 4 inches long, and are placed as required by the issuing agency; or

(f) Materials placed on AS-3 glazing to the rear of the driver on trucks, vans, and multipurpose vehicles.

(3) All vehicles equipped with permitted signs, posters, cards, stickers, or other nontransparent materials on windows to the rear of the driver shall be equipped with an outside rearview mirror on each side.

Reject Vehicle If:

(a) Glazed surfaces contain any sign, poster, card, decal, sticker, or other nontransparent material in violation of this regulation;

(b) The driver’s vision through glazing is obscured by any material or condition;

(c) Equipped with authorized toll collection device or security sticker in violation of placement or size as required in this regulation; or

(d) Equipped with permitted signs, posters, cards, stickers, or other nontransparent materials on windows to the rear of the driver and not equipped with an outside rearview mirror on each side.

F. Post Manufacture Window Tint Material, Color, and Light Transmittance. All glazing shall be inspected for the application of post manufacture window tint (add-on tint). Post manufacture window tint is prohibited that has a mirrored or one-way vision, or a sparkling effect, is red, yellow, or amber in color, or changes to a red, yellow, or amber color.

(1) A commercial vehicle or a for-hire limousine (Class Q) may not be equipped with any color of post manufacture window tint on a side window to the immediate right and left of the driver, however, clear tint material may be applied to the glazing.

(2) A school vehicle may not be equipped with post manufacture window tint on any glazing material.

Reject Vehicle If:

(a) Glazing is equipped with post manufacture window tint that causes a mirrored or one-way vision effect, or a sparkling effect, or is equipped with tint that changes to a prohibited effect;

(b) Glazing is equipped with red, yellow, or amber colored tint or tint that changes to a prohibited color;

(c) A commercial vehicle is equipped with a colored post manufacture window tint on a windshield or side windows to the immediate right and left of the driver;

(d) A for-hire limousine (Class Q) is equipped with a colored post manufacture window tint on a windshield or side windows to the immediate right and left of the driver; or

(e) A school vehicle is equipped with post manufacture window tint on any glazing material.

(3) Post Manufacture Window Tint Light Transmittance. Glazing materials, regulated for the transmittance of light, shall have at least 35 percent light transmittance.  Post manufacture window tint may not be applied to the windshield below the AS-1 line or below 5 inches from the top of the windshield, whichever is less. A vehicle equipped with post manufacture window tint or authorized AS-3 glazing shall be equipped with an outside rearview mirror on each side. A commercial vehicle or a for-hire limousine (Class Q) may not be equipped with post manufacture window tint which reduces the transmittance of light through the glazing to less than 70 percent. Windows to the rear of the driver may be tinted to any degree of darkness.

Reject Vehicle If:

(a) Post manufacture window tint is applied to the windshield below the AS-1 line or below 5 inches from the top of the windshield, whichever is less;

(b) The light transmittance through a side or rear window of a passenger car, convertible, or station wagon, is less than 35 percent;

(c) The light transmittance through a side window to the immediate right or left of the driver on a non-commercial truck, tractor, bus, van, or multipurpose passenger vehicle is less than 35 percent;

(d) The vehicle is equipped with permitted post manufacture window tint on any side or rear window and is not equipped with an outside rearview mirror on each side of the vehicle;

(e) A truck, tractor, bus, van, or multipurpose passenger vehicle equipped with post manufacture window tint to the rear of the driver is not equipped with outside rearview mirrors on each side of the vehicle; or

(f) A commercial vehicle or a for-hire limousine (Class Q) has post manufacture window tint applied to the side windows to the immediate right and left of the driver which is not clear or reduces the transmittance of light through the glazing to less than 70 percent.

(4) Window Tint Application with Center High Mount Stop Lamp. Vehicles equipped with a center high mounted stop lamp mounted inside the vehicle may not be equipped with post manufacture window tint in the area of the rear window that would obscure the stop lamp.

Reject Vehicle If:

Post manufacture window tint is applied to the area of the rear window that would obscure the stop lamp.

G. Medical Exemption for Post Manufacture Window Tint Light Transmittance.  Transportation Article, §22-406, Annotated Code of Maryland, provides an exemption for a person who must be protected from the sun for medical reasons from having a light transmittance of at least 35 percent on regulated windows equipped with post manufacture window tint. The law requires the owner to have in the vehicle, at the time the vehicle is stopped by a police officer, a written certification that details the owner’s medical need for tinted windows, from a physician licensed to practice medicine in the State of Maryland. A vehicle owner whose vehicle is undergoing inspection or has been issued a safety equipment repair order for defect #61 “TINT” and indicates to the authorized inspection station their possession of a medical exemption, shall be referred to the ASED of the State Police for examination of the vehicle owner’s medical documentation and the vehicle’s post manufacture window tint. If the owner meets the requirements specified in Transportation Article, §22-406, Annotated Code of Maryland, for the medical exemption and the vehicle is compliant with all post manufacture window tinting regulations in this chapter, excluding the light transmittance requirement of regulated windows equipped with post manufacture window tint, the Division, when applicable, shall be authorized to:

(1) Issue a post manufacture window tint medical exemption form to be provided to the authorized inspection station performing an inspection of the vehicle which shall permit the registered inspection mechanic to exempt the vehicle's windows equipped with post manufacture window tint from meeting the light transmittance requirement; or

(2) Certify the safety equipment repair order for defect #61 “TINT”.

Reject Vehicle If:

The vehicle is equipped with post manufacture window tint with less than 35 percent light transmittance on glazing regulated for the transmittance of light, and the owner/agent for the vehicle does not present a Post Manufacture Window Tint Medical Exemption issued by ASED to the inspection mechanic at time of inspection.

.23 Lighting.

A. Definitions. In this regulation, the following terms have the meanings indicated.

(1) “Auxiliary lamp” means a lamp that supplements the main headlamps of a vehicle.

(2) “Back-up lamp” means a lamp used to provide illumination behind the vehicle and to provide an indicator when the vehicle is in reverse gear.

(3) “Center high mount stop lamp” means a red high mounted stop lamp as required by 49 CFR §571.108, and as identified by the year of manufacturer, shall be equipped and function as originally designed, including any means provided to minimize reflections from the light of the lamp upon the rear window glazing that might be visible to the driver when viewed directly, or indirectly, in the rearview mirror.

(4) “Composite headlamp assembly” means a lamp assembly consisting of a plastic housing and reflector bonded to a plastic or glass lens and fitted with a bulb equipped with a seal used to provide illumination ahead of the vehicle.

(5) “Cornering lamp” means a steadily burning lamp used when the turn signal system is operating to supplement the headlamps by providing additional road illumination in the direction of the turn.

(6) “Daytime running lamp” means any pair of lamps on the front of a passenger car, multipurpose passenger vehicle, truck, or bus, other than parking lamps, driving lamps, or fog lamps, which may be wired to be automatically activated in a steady burning state, and are automatically deactivated when the headlamp control is in any “on” position, and as otherwise determined by the manufacturer of the vehicle:

(7) “Driving lamp” means an auxiliary lamp that may be used to supplement the upper beam of the headlamps.

(8) “Emergency warning lamp” means a lamp that provides a flashing light to identify an authorized vehicle on an emergency mission. The emergency signal may be an oscillating lamp, a rotating beacon, or pairs of alternating or simultaneously flashing lamps.

(9) “Fog lamp” means a lamp that may be used with the lower beam headlights to provide illumination under condition of rain, snow, dust, or fog.

(10) “Hazard warning lamps” means turn signal lamps that flash simultaneously to warn of the presence of a hazard.

(11) “Headlamp” means an adjustable lamp that projects white light to the front of a vehicle to illuminate the roadway and shoulder to permit the operation of a vehicle during periods of low visibility such as darkness, fog, rain, or other conditions. Headlamps may be sealed beam units or composite units with replaceable bulbs providing a low beam distribution of light, an upper beam distribution of light, or a combination of both lower and upper beams.

(12) “Headlamp low beam” means a distribution of white light directed to avoid glare in the eyes of oncoming drivers while providing illumination ahead of the vehicle.

(13) “Headlamp high beam” means a distribution of white light intended primarily for distant illumination and for use on the open highway when not meeting other vehicles.

(14) “Indicator lamp” means a lamp visible to the operator of a vehicle that indicates appropriate electrical circuits are in operation.

(15) “Lane changer” means a device, usually incorporated in the turn signal switch, which will actuate the turn signal lamps when held by the driver. It is intended for momentary use for signaling a lane change. When released by the operator, it will return to neutral and deactivate the signal lamp.

(16) “License-plate lamp” means a lamp used to illuminate the license plate on the rear of a vehicle.

(17) “Off-road lamp” means a lamp designed and manufactured solely for off-road use that does not meet DOT or SAE requirements for beam color, pattern, or luminosity.

(18) “Operating units or switches” means devices by which the functioning of lamps are controlled.

(19) “Parking lamp” means lamps used to designate the front of a parked vehicle.

(20) “Rear fog lamp” means a single, or pair of high-intensity red rear position lamps to be turned on by the driver in conditions of poor visibility to make the vehicle more visible from the rear.

(21) “Reflective device” means a device used on vehicles to indicate to an approaching driver by reflected light from the headlamps of approaching vehicles.

(22) “SAE Lighting Identification Code” means a series of standardized North American lighting and signaling function markings for lighting devices that a manufacturer or a supplier may use to mark his product to indicate the SAE lighting standard or standards to which the device is designed to conform. The code is not intended to limit the manufacturer or supplier in applying other markings to the devices.

(23) “Sealed beam unit” means an integral and hermetically sealed optical assembly with the name “Sealed Beam” molded in the lens.

(24) “Sealed headlamp assembly” means a major lighting device used to provide general illumination ahead of the vehicle. It consists of the following:

(a) Housing containing a reflector designed for specific bulb types, and a sealed lens;

(b) One or more beam units (bulbs) with seals;    

(c) Means for mounting securely to the vehicle; and

(d) Means to permit required aim adjustment.

(25) “Side marker lamp” means a lamp on the left and right sides, visible to the side, and intended to indicate vehicle length. They are located near the front and rear on each side, and for vehicles 30 feet or more in length, they are located at the midpoint (intermediate side marker).

(26) “Stop lamp” means a lamp giving a steady warning light to the rear of the vehicle, to indicate the intention of the operator of the vehicle to reduce speed or stop.

(27) “Tail lamp” means a lamp used to designate the rear of a vehicle.

(28) “Turn signal lamp” means a lamp that provides a flashing warning light to indicate the intended direction of the turn.

(29) “VOL” means a headlamp that is designed to be visually optically aligned left. VOL systems have a vertical aiming plane 0.6° below the vertical reference point on the alignment screen or image. VOL headlamps are aimed using the vertical aiming plane 0.6° below the left side top of the sharp cutoff of the beam as the reference to the measured height of the headlamp at the center of the lamp beam.

(30) “VOR” means a headlamp that is designed to be visually optically aligned right. VOR headlamps are aimed using the right portion of the beam as the reference. VOR headlamps are aimed using the top right portion of the beam as the reference to the measured height of the headlamp at the center of the beam.

B.  North American SAE Lighting and Signaling Function Markings.

Lighting and Signaling Device

SAE Code

Retro-reflector

  A

Wide-angle retro-reflectors (reflex reflectors)

 A2

 Motorcycle auxiliary “passing” lamp

  C

 Motorcycle turn signal lamp

  D

Side turn signal lamps – vehicles at least 12 m (39.3701 ft.)  in length

  E

Side turn signal lamps – vehicles less than 12 m (39.3701 ft.) in length

 E2

Front Fog lamps

  F

Rear Fog lamps

 F2

Front fog lamp (to updated and increased performance requirements)

 F3

Cargo lamp

  G

Sealed beam headlamps (marking applies to housing or unit)

  H

Gas-discharge (HID “Xenon”) headlamp

 HG

Sealed beam headlamp housing

 HH

LED (Light-emitting diode) headlamp

 HL

Halogen replaceable-bulb headlamp

 HR

Turn signal lamp – front

  I

Turn signal lamp – front, spaced from 75mm to 99mm from low beam headlamp

 I3

Turn signal lamp – front, spaced from 60mm to 74mm from low beam headlamp

 I4

Turn signal lamp – front, spaced less than 60mm from low beam headlamp

 I5

Turn signal lamp – front (also front for vehicles at least 80 inches wide)

 I6

Lighting and Signaling Device

SAE Code

Turn signal lamp – front, vehicle 80 inches wide, spaced less than 100mm from the headlamp

 I7

Front cornering lamp

  K

Rear cornering lamp

 K2

License plate lamps

  L

Motorcycle headlamp

  M

Moped headlamp

  N

Spot lamp

  O

Parking lamp – front

  P

Clearance or side marker or identification lamp

 P2

Clearance or side marker or identification lamp, vehicles at least 80 inches wide

 P3

Combination clearance and side marker lamps

 PC

Combination clearance and/or side marker lamp for vehicles at least 80 inches wide

 PC2

Back-up lamps

  R

Stop lamp

  S

Stop lamp, vehicles at least 80 inches wide

 S2

Tail lamp

  T

Tail lamp (Tail lamps for use on vehicles 2032mm or more in overall width)

 T2

Supplemental high mounted stop and turn signal lamp

  U

Supplemental high mounted stop and turn signal, vehicle at least  (78.74 inches) wide

 U2

Central high-mounted brake lamp (CHMSL), for passenger cars

 U3

Warning lamps for emergency, maintenance, and service vehicles

   W or W1

Warning lamps for school buses

 W2

360 – degree emergency warning lamps

 W3

Emergency warning device

 W4

Electric emergency lanterns

  X

Driving lamp

  Y

Daytime Running lamp

 Y2

Auxiliary low beam lamp

  Z

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

C. General Lamps and Reflectors. Vehicles shall be equipped with lamps and reflectors as originally required by 49 CFR §571.108. This includes all exterior lighting, interior dash lamps, interior indicator lamps, and driver warning lamps. Actuate all general lamps on the vehicle and inspect the condition, mounting, and function of any authorized or allowed lamp. Reflectors may be incorporated into lamp assemblies or be separate equipment. Inspect the reflectors for condition and mounting. All lamps and reflectors shall be approved and marked with the proper code letter. The table in §B of this regulation lists many of the common North American lighting codes for reference but is not all-inclusive regarding lighting codes. Lamps to the front of a vehicle shall either emit white or amber color. A lamp that is not functioning properly or is improperly marked for use shall be rejected. Light Emitting Diode (LED) lamps emit light from multiple LEDs in the lamp. At least 50 percent of the LEDs shall illuminate when the lamp is activated. Off-road lamps shall not illuminate when required or approved lighting is operated.

(1) Lamps to the front of a vehicle shall be white or amber. Tail lamps and reflectors at the rear of a vehicle shall be red. Stop lamps and turn signals to the rear of a vehicle shall be red or amber. Center high mount stop lamp shall be red only. Back-up and license plate lighting shall be white only. Side marker lamps and reflectors shall be red to the rear of the vehicle, and amber at all positions forward of the rear of the vehicle. Variations of colors used in OEM lighting such as daytime running lamps may appear to be red or blue to the front of some vehicles which are shaded to a range of color chromaticity that does not meet the federal definition for red or blue light which is incorporated from 49 CFR §571.108, and have therefore been certified by the manufacturer as approved on-road lighting are acceptable.

(2) Aftermarket replacement lighting shall emit or display the same color as the OEM lamp. Authorized optional or auxiliary lighting is not required to be present, but shall meet the same requirements as required lighting, including proper color as required by design or placement on the vehicle, or shall be removed from the vehicle.  

Reject Vehicle If:

 (a) Not equipped with a required lamp, or a required or authorized lamp is obscured by any non-transparent material or object, not mounted to operate as designed:

(i) Is damaged;

(ii) Is not functioning properly;

(iii) Shows a different color than as originally equipped;

(iv) Is equipped with any exterior aftermarket lamp that shows a color contrary to Maryland law; or

(v) Additional lighting has been added which interferes with any required lamp, reflector, or other regulated equipment;

(b) Equipped with an unauthorized lamp that does not comply with this regulation;

(c) A required or approved optional lamp shows color contrary to Maryland law, excluding OEM lighting with approved variations or shading of colors:

(i) License plate lighting and back-up lighting is any color other than white;

(ii) Reflector on the rear or the rear side of a vehicle is not red;

(iii) Reflector mounted forward of the rear of the vehicle is not amber;

(iv) Side marker lamp is not red to the rear and rear sides of the vehicle;

(v) Side marker lamp mounted forward of the rear of the vehicle is not amber;

(vi) Clearance and identification lamp is not red to the rear and rear sides of the vehicle, or not amber mounted forward of the rear of the vehicle;

(vii) Front park lamp is not amber or white;

(viii) Headlamp does not emit white light only;

(ix) Fog lamp is not amber or white; or

(x) Driving lamp is not white;

(d) A turn signal is designed to self-cancel and does not self-cancel, is missing, is not properly mounted, is damaged to affect function, is not visible, or does not match the color of the other lamp to the front or the rear as applicable, or otherwise does not function as designed;

Agency Note: Motorcycles built before January 1, 1973, were not required to be equipped with turn signal lamps.

(e) A hazard signal lamp is missing, not properly mounted, damaged, or otherwise does not function as designed;

(f) A stop lamp is missing, not properly mounted, is damaged, does not match the color of the other stop lamps, or otherwise does not function as designed, including the center high mount stop lamp; 

(i) High center mounted stop lamps on passenger vehicles manufactured on or after September 1, 1985, but before September 1, 1986, may flash when the hazard warning system is activated;

(ii) High mounted center stop lamps on multipurpose passenger vehicles, trucks, and buses, whose overall width is less than 80 inches, whose GVWR is 10,000 pounds or less, which were manufactured on or after September 1, 1993, shall be equipped with a high-mounted stop lamp.

Agency Note: Vehicles built before September 1, 1985, were not required to be equipped with center high mount stop lamps.

(g) A reflector is missing, is the incorrect color, is not properly mounted, is damaged, or otherwise does not function as designed;

(h) A side marker is missing, not properly mounted, damaged, or otherwise does not function as designed;

Agency Note: Motorcycles are not required to be manufactured with side marker lamps.

(i) A tail lamp is not red or is missing, not properly mounted, damaged, or otherwise does not function as designed;

(j) A park lamp is missing, not properly mounted, damaged, or otherwise does not function as designed;

(k) A license plate light is missing, is not the correct color, is improperly mounted, damaged, or otherwise does not function as designed;

(l) Clearance or identification lamps are not properly mounted, are damaged, are not the correct color, or otherwise do not function as designed;

(m) Backup lamp is missing if the vehicle was originally equipped with a backup lamp, is not the correct color, does not come on when vehicle is in reverse gear or comes on in any other gear position, or not properly mounted, damaged, or otherwise does not function as designed;

(n) A lamp is not located or mounted to operate in accordance with its intended function, as indicated by the SAE/DOT markings on the lamp;

(o) Daytime running lamp is missing, non-functioning, damaged, or otherwise rendered inoperative;

(p) More than 50 percent of the LEDs in any general lamp are not illuminated when the lamp is activated; or

(q) An off-road lamp illuminates when any required or approved on-road lamp is activated.

D. Headlamps. Headlamps shall project white light only and shall not have any damage to the lamp assembly or lens that adversely affects the operation of the lamp. Sealed beam lamps may not contain cracks or holes. Composite lamp units shall be maintained in a sealed condition or may be re-sealed with products designed to permanently repair automotive lamps. LED headlamps shall illuminate fully and shall not have any non-functioning LEDs when activated. Lamp descriptions and lens code markings are listed in §§A and B of this regulation. Headlights shall not be obscured or covered by any non-transparent material or object or equipped with a colored lens cover. Clear DOT approved impact covers may be acceptable, provided they do not affect the operation of the headlamp. Headlights shall be mounted at a height no lower than 22 inches, or higher than 54 inches from the center of the lamp to the surface the vehicle is operated upon. Lamp assemblies designed for use with replaceable bulbs (composite headlights), shall be equipped with the proper type of bulb, as indicated by the SAE/DOT markings on the lamp.

(1) Headlamp Inspection. Headlamps shall be inspected to ensure that the lamps illuminate from left to right sides with approximately the same intensity of light. Noticeable differences in illumination may indicate improper or defective lamps. Auto-adjusting headlamps do not need to be aimed. These headlamps are equipped with a malfunction indicator light, which will illuminate if they fail the self-test. In the event of a headlamp malfunction, the owner/agent shall be referred to a dealer or qualified repair shop for repairs.  Headlamps federally designated and marked as VOL, or VOR, are prohibited from having horizontal adjustment capability. Other earlier headlamps were designed with both horizontal and vertical aim requirements and capabilities. Manually adjusted headlamps found out of alignment shall be properly aligned using the inspection mechanic’s experience, training, and knowledge to properly align the headlamps. Those headlamps with both low and high beam lamps located in the same assembly shall be aimed on low beam unless specified otherwise by the manufacturer, or the Division.

(2) Headlamp Aiming. Headlamps shall be aimed at the same height left and right. The height of the center of the headlamp beam intensity zone shall be referenced to establish the aiming height of the vehicle. Headlamp aiming may be performed using aiming equipment meeting SAE standards or may be performed at not less than 10 feet from a vertical flat surface. VOL and VOR headlamp patterns shall be observed and adjusted, if necessary, to within 2 inches up or down of the height measured as described in this regulation, while ensuring the heights of the lights are the same side to side. Headlamps with horizontal and vertical aim capability shall also be aimed vertically within 2 inches of the center of the headlamp left to right. (See Diagram)

Reject Vehicle If:

(a) The headlamp has an excessively clouded lens which adversely affects the operation of the lamp;

(b) The headlamp is obscured or covered by a non-transparent material or object, is equipped with an unapproved lens cover, or has a hole in the lens;

(c) The headlamp is mounted lower than 22 inches, or higher than 54 inches when measured from the center of the lamp to the level surface the vehicle is operated upon;

(d) The headlamp is improperly mounted, or is equipped with the incorrect bulb type in a composite headlight assembly;

(e) The headlamp does not illuminate or is noticeably dim;

(f) The aim point of a headlamp beam, as applicable to headlamp design, is more than 2 inches left or right of the vertical centerline of the lamp, or is more than 2 inches above or below the horizontal centerline of the lamp;

(g) The auto-adjusting headlamp malfunction indicator light is illuminated indicating a system fault;

(h) A sealed beam headlamp has a crack or defect compromising the lamp;

(i) A composite headlamp assembly has an unrepaired, or improperly repaired hole, which could allow contamination of the interior of the lamp surfaces;

(j) A LED headlamp does not illuminate fully or has non-functioning LEDs when activated; or

(k) A composite lamp is equipped with a bulb or other illuminating device not specified for use with the lamp.

E. Fog and Driving Lamps.

(1) Front-mounted fog and driving lamps are designed to illuminate the driver’s view to the front of the vehicle and emit beam patterns that meet FMVSS for on-road operation. If a vehicle is equipped with either front fog lamps or driving lamps they shall activate with the appropriate headlamp beam, and be properly aimed using the same procedure for aiming headlamps. The mounting heights of driving lamps do not apply to emergency vehicles. A motor vehicle equipped with required headlamps and also equipped with any auxiliary lamp, or any other lamp on its front, shall not be capable of illuminating more than four of these lamps at any one time when on a highway. A utility spot lamp mounted on the side or roof of a vehicle and controlled by a vehicle occupant is not considered a driving lamp, therefore is not subject to inspection. Work lighting for commercial vehicles shall not operate on the same circuit as regulated lighting. Fog and driving lamps are optional but shall illuminate with the proper color if operational.

(2) Front Fog Lamps. Front fog lamps supplement low beam headlamps and shall not illuminate with high beam headlamps. Fog lamps shall be mounted on the front of the vehicle at a height, not more than 30 inches or less than 12 inches above the level surface on which a vehicle stands when measured from the center of the lamp. Only two front-mounted fog lamps are allowed by law. Fog lamps may be white or amber but shall match color side to side.

Reject Vehicle If:

(a) A front fog lamp is mounted higher than 30 inches above, or lower than 12 inches above the surface on which a vehicle stands;

(b) Equipped with more than two front-mounted fog lamps;

(c) The front fog lamp is not white or amber, or is mismatched in color side to side;

(d) The front fog lamp can be operated while the high beam headlamps are illuminated;

(e) The front fog lamp does not display the proper asymmetrical beam pattern or the center of the intensity zone of a fog lamp beam is more than 2 inches left or right of the vertical centerline of the lamp or is more than 2 inches above or below the horizontal centerline of the lamp; or

(f) The front fog lamp is equipped with the incorrect bulb type in a composite assembly.

(3) Rear Fog Lamps. Rear fog lamps are permitted to be mounted on the rear of a vehicle either singularly or in pairs and supplement tail lamps and serve as high-intensity rear position lamps to be turned on by the driver in conditions of poor visibility to make the vehicle more visible from the rear.

Reject Vehicle If:

(a) A rear fog lamp is not mounted as required by this regulation;

(b) A rear fog lamp is any color other than red; or

(c) More than two rear fog lamps are installed on a vehicle. 

(4) Driving Lamps. Driving lamps supplement high beam headlamps and shall not illuminate with low beam headlamps. Driving lamps shall be mounted on the front of the vehicle at a height, not more than 42 inches or less than 16 inches above the level surface on which the vehicle stands when measured from the center of the lamp. Only two driving lamps are allowed by law. Driving lamps shall be white.

Reject Vehicle If:

(a) A driving lamp is mounted higher than 42 inches above, or lower than 16 inches above the surface on which a vehicle stands;

(b) Equipped with more than two driving lamps;

(c) A driving lamp is not white;

(d) A driving lamp can be operated while the low beam headlamps are illuminated;

(e) A driving lamp does not display the proper symmetrical beam pattern or the center of the intensity zone of a driving lamp beam is more than 2 inches left or right of the vertical centerline of the lamp or is more than 2 inches above or below the horizontal centerline of the lamp; or

(f) A driving lamp is equipped with the incorrect bulb type in a composite assembly.

F. Driver Information Lamps. Dash lamps, driver warning lights, and driver indicator lamps for regulated safety equipment shall be inspected for presence and function. Dash lamps shall illuminate the speedometer and odometer, fuel gauge, oil gauge, alternator gauge, temperature gauge, and any other gauge that provides vehicle operating information to the driver.  Driver indicator lamps for turn signal and hazard lamps, high beam headlamps, or the indicator lamp or any authorized lamp shall illuminate when the specific lamp is actuated.

Reject Vehicle If:

(1) Dash lamps do not illuminate fuel, oil, alternator, and temperature gauges, speedometer, odometer, or any other gauge that provides vehicle operating information to the driver; or

(2) Indicator lamps do not properly illuminate to indicate the operation of the turn and hazard signal lamps, the high beam headlamps, the fog/driving lamps, or the indicator lamp for any other authorized lamp does not illuminate to indicate the operation of the associated lamp.

G. Emergency Lamps. Certain lamp colors and uses are restricted by Maryland law. Blue emergency lamps are only authorized for use on law enforcement vehicles, which may also be equipped with red, white, and amber lights.  Red, white, and amber emergency lamps are authorized for use on fire department vehicles, rescue vehicles, ambulances, and State vehicles used for hazardous material spills. Amber service emergency lamps may be used by maintenance vehicles, tow trucks, escorts, experimental test vehicles, and slow-moving farm and rural letter carrier vehicles. Rural letter carrier vehicles may use two bi-directional lights on each side of the vehicle on the roof. Green emergency lamps may be used by taxi cabs as hold up alert lights. Work lamps are permitted to be installed on service and emergency vehicles. A vehicle privately owned by an officer of a volunteer fire company may be equipped with red and green, or red and white lights or signal devices as authorized in Transportation Article, §22-218, Annotated Code of Maryland.

Reject Vehicle If:

(1) Equipped with an unauthorized emergency lamp that does not comply with this regulation;

(2) An authorized emergency lamp is obscured by any non-transparent material or object, is damaged or not mounted to operate as designed, is not mounted securely or is not functioning when required; or

(3) Authorized emergency lamp shows color contrary to Maryland law and this regulation.

H. School Vehicle Warning Lamps. A school vehicle shall be equipped with four red flashing warning lights and four amber flashing warning lights, installed so that each amber flashing warning light shall be located near each red flashing warning light, at the same level, but closer to the vertical centerline of the vehicle. The red flashing lights shall be equipped with an override switch which shall function with the master switch on or off. Shields shall be installed on warning lights, except those equipped by the manufacturer with halogen lights, or LEDs. Shields may be of a single type to cover both color lights and shall be painted black, with a minimum depth of 4 inches. The system shall be wired so that the amber flashing warning lights are activated only by hand operation, and if activated, are automatically deactivated when the entrance door is opened. There shall be red and amber warning light switches and pilot lights mounted to the right and within reach of the seated driver in a panel or specific area in the dash, and may not be incorporated with other switches. The appropriate pilot lights shall either go out or flash at an obvious altered rate to indicate malfunction. A school vehicle may be equipped with an approved flashing white strobe light no further than 1/3 of the body length forward from the rear edge of the roof. A manual switch and pilot light shall be installed in the driver’s compartment if equipped with a flashing white strobe light.

Reject Vehicle If:

(1) Not equipped with required alternating flashing warning lights;

(2) The amber flashing light and pilot light do not illuminate when the momentary switch is depressed with the master switch on and the door closed;

(3) The amber flashing light or pilot light stays illuminated when the door is opened;

(4) The red flashing light and pilot light do not illuminate, or the stop arm and crossing arm, if equipped, does not automatically extend;

(5) The red flashing light and pilot light stay illuminated, or the stop arm and crossing arm, if equipped, does not immediately retract when the door is closed;

(6) The red flashing light and pilot light do not illuminate, or the stop arm and crossing arm, if equipped, does not automatically extend when the door is opened without depressing the momentary switch;

(7) Depressing the momentary switch with the master switch off activates the amber flashing lights;

(8) Opening the door activates the red flashing light or stop arm with the master switch off;

(9) An override switch is not provided, or does not function to activate the red warning lights and pilot light without opening the service door;

(10) The vehicle is equipped with a flashing white strobe light which does not comply with this regulation;

(11) The vehicle is not equipped with the required functioning manual switch or pilot light if equipped with a flashing white strobe light; or

(12) Less than 33 percent of the LEDs in any warning lamp are not illuminated when the lamp is activated.

.24 Electrical Systems.

A. Inspect alternator or generator mounting, and the drive belt condition. Inspect electrical wiring and components for proper connections, insulation of wiring, and secure mounting to protect equipment from damage. Control switches for regulated equipment shall be inspected for proper function and condition. Regulated equipment that can be operated manually in the event of an electrical control system failure shall be certified as compliant. The battery, or batteries, shall be inspected for condition, secure mounting, and proper cable connections. The horn shall be inspected for proper function, condition, secure mounting, and horn button location. Inspect the electrical system for improper wire type or other electrical components that are not designed for use with automotive on-road vehicles. Industrial or residential type electrical components shall not be permitted.

Reject Vehicle If:

(1) Alternator, or generator, is loose, damaged, not charging properly, or is incorrect for the vehicle;

(2) The drive belt for alternator or generator is missing, loose, damaged, or is incorrect for the vehicle;

(3) The ignition switch does not function to allow the engine to start, run, and apply power to electric systems as designed, or does not function to allow the engine to be turned off and remove power from electric systems as designed;

(4) The horn is loose, fails to function, or produces loud or harsh sound;

(5) The horn button is missing, or is not within arm's reach of driver;

(6) The wiring insulation is missing, cracked, or broken;

(7) The wiring shows evidence of burning or short-circuiting;

(8) The electrical connections are loose or show signs of excessive corrosion;

(9) The electrical systems that control regulated equipment fail to function, and equipment cannot be manually controlled;

(10) The electrical wiring or other components are not designed for automotive use;

(11) The battery case is cracked or broken;

(12) The battery connections are loose or show signs of excessive corrosion;

(13) The battery is not held down securely;

(14) The battery is not covered by the vehicle body or is not equipped with a cover when the vehicle body does not provide coverage;

(15) The battery vents are not open if equipped, or battery is low on fluid, if applicable; or

(16) The battery is not capable of holding a charge.

B. School Vehicle Electrical Systems. Type I and Type II school vehicles shall comply with the electrical standards in §A of this regulation. Due to the unique function of school vehicles, the Administration has other specific additional requirements for battery ratings. Type I School Vehicle shall be equipped with a graduated voltmeter.

Reject Vehicle If:

(1) The Type I school vehicle battery is not rated for at least 1,000 cold cranking amperes measured at 0°F; or

(2) The Type II school vehicle battery is not rated for at least 650 cold cranking amperes measured at 0°F.

.25 Load Covers.

A. This regulation applies for issuance of a safety equipment repair order to a:

(1) Vehicle registered or capable of being registered under Transportation Article, §13-917, Annotated Code of Maryland, on which the manufacturer's original design specifications for bed enclosures have been altered to increase the vehicle's load;

(2) Part of a load touching a bed enclosure which is within 6 inches of the top of the enclosure that it touches; or

(3) Part of the load which is higher than any of the enclosures.

B. This regulation does not apply for issuance of a safety equipment repair order to a:

(1) Class K (farm area) vehicle as defined in Transportation Article, §13-935, Annotated Code of Maryland; or

(2) Class E (truck) vehicle registered or capable of being registered under Transportation Article, §13-917, Annotated Code of Maryland if the vehicle manufacturer's original design specifications for bed enclosures have not been altered to increase the vehicle's load-carrying capacity.

(3) A construction vehicle working within the confines of a public works construction work project site as outlined in the construction project's plans and specifications, provided the distance traveled does not exceed 1 mile or the distance specified in an extension granted by the Maryland Department of Transportation;

(4) A construction vehicle or mining equipment crossing a highway between construction or mining sites; or

(5) Vehicle, within the Port of Baltimore for a distance not to exceed 1 mile, carrying a load of loose material between a stockpile or storage facility and a vessel docked at the Port.

C. After January 1, 1992, any vehicle on which the manufacturer's original design specification for bed enclosures has been altered to increase the vehicle's load capacity shall have the load covered with a firmly attached canvas or similar type covering regardless of how the vehicle is loaded.

D. Vehicles undergoing safety inspection that are equipped with load covers shall be inspected for proper installation and operation of the load cover, and all associated components of the load cover system. Inspect cover, if equipped, for holes, rips, tears, or broken mesh that would permit any part of the load to blow, fall, or spill from the bed, and for proper attachment to the vehicle.

Reject Vehicle If:

(1) The cover does not fully cover the top of the vehicle bed if equipped;

(2) The cover contains holes, rips, tears, or broken mesh which would permit any part of the load to blow, fall, or spill from the bed; or

(3) The cover is not securely attached to the bed, or securement hardware is missing, broken, or damaged.

.26 School Vehicle Color and Identification (Lettering).

A. School vehicle color and identification is regulated in COMAR 11.19.

Reject Vehicle If:

(1) The main vehicle body color is not National School Bus Yellow;

(2) The hood is not National School Bus Yellow (non-reflective paint may be used on the hood);

(3) The vehicle’s grill is not chrome or manufacturer's grey;

(4) The vehicle’s main roof is not National School Bus Yellow or white (excludes the front and rear roof caps which shall be National School Bus Yellow only);

(5) Exterior body trim or bumper is not black;

(6) The rub rails, seat lines, or snow rails are not painted gloss black;

(7) The painted wheel rims are not gray, silver, or black; or

(8) The Type I School Vehicle is equipped with accessories that cover the axle nuts, wheels, or lug nuts.

B. Lettering. Lettering and emergency door arrow shall be painted black or applied using vinyl die-cut self-adhering material, (yellow numbers on front bumper are acceptable).

Reject Vehicle If:

(1) The lettering is not painted black or applied using vinyl die-cut self-adhering black letters and numbers;

(2) The lettering is not block type or located as shown in the diagrams in this regulation;

(3) The school vehicle does not have the words “School Bus” in letters, 8 inches high by 1 inch on both the front and rear of the vehicle body;

(4) The lettering is not placed as high as possible without impairment of its visibility;

(5) The lettering is mounted on a reflective area that exceeds 12 inches high by 49 inches wide, however, area may be reduced in size to conform to the contours of the vehicle body;

(6) The emergency exit door or push-out window is not labeled at the top of, or directly above with the words “Emergency Exit Door” or “Emergency Exit” using 2 inches high lettering, both inside and outside of the vehicle;

(7) A Type I School Vehicle rear emergency door is not equipped with a 6 inches high by ¾ inch wide black arrow applied both inside and outside the vehicle that indicates the direction to release the exit;

(8) The school vehicle identification number is not located and visible on all four sides using letters 6 inches high by ¾ inch wide;

(9) The rear number is not located above the rear bumper and below the window line. (Excludes temporary numbers placed in the second window on the lower glass on each side);

(10) The applicable local school system name is not located on both sides of the vehicle or is not properly centered, using letters 6 inches high by ¾ inch wide; or

(11) The applicable contractor’s or private owner’s or operator’s names is not located to the rear of the entrance door and on the left side of the vehicle in the same approximate location using lettering 2 ½ – 3 inches high by ¼ – ½ inches wide in a 16 by 30 inches area.

C. Additional Lettering.

(1) Only signs and lettering approved by State law or regulation, and any numbers necessary for identification shall appear on school vehicles. Bumper stickers are not permitted. The fleet number may be on the front bumper, yellow numbers on the front bumper are acceptable. The following lettering may be used if required or desired:

(a) ICC number, if applicable, to the rear of the entrance door in lettering 2 ½ – 3 inches high by ¼ – ½ inch wide;

(b) Address and telephone number of the owner to the rear of the entrance door in lettering 2 ½ – 3 inches high by ¼ – ½ inch wide;

(c) “Stop on Signal” when required, 4 inches high lettering below the rear window.

(d) "Drug-Free School Zone" lettering; and

(e) If desired, "Drug-Free School Zone" may be on the exterior of the vehicle.

(2) The lettering, if used shall be:

(a) Located under the first window on the service door side or at another location near the service door as approved for each individual school vehicle;

(b) Using letters 2 inches high by ⅜ inch wide; or

(c) A decal may be used provided the background is National School Bus Yellow and the decal is not larger than 8 by 18 inches.

Reject Vehicle If:

The school vehicle is equipped with lettering or numbers in violation of this regulation.

D. Yellow Reflective Tape.

(1) Reflective tape at least 1 inch wide and not wider than 6 ½ inches may be used to form a:

(a) Single horizontal line on each side of the school vehicle immediately below the upper rub rail or at the floor line; or

(b) Rectangular figure on the rear of the school vehicle body;

(i) The vertical lines of the rectangle shall be as close to the sides of the school vehicle as possible without extending over the sides of the vehicle; and

(ii) The horizontal lines of the rectangle shall consist of one straight line above and near the rear bumper and one straight line at or near the roofline.

(2) The reflective tape specified may be applied in a discontinuous fashion so as to not cover any existing or required lettering.

E. Roof Identification Number. ID numbers may be used on the roof. If so equipped, they shall be:

(1) Located in the most forward section of the roof as possible;

(2) Lettered from the left side to the right side of the school vehicle; and

(3) Letters shall be 18 inches high by 10 inches wide, with a 2 ¾ inch stroke.

Reject Vehicle If:

The school vehicle is not equipped with required reflective tape, or tape is not compliant with this regulation.

.27 School Vehicle Emergency Equipment.

A. Fire Extinguisher. A school vehicle shall be equipped with at least one 5-pound capacity, pressurized, dry chemical fire extinguisher complete with hose. The extinguisher shall:

(1) Be mounted in a bracket located below the window line in the driver’s compartment and shall be readily accessible;

(2) Be equipped with a pressure gauge that shall be easily read without removal of the fire extinguisher from its mounted position;

(3) Be of a type with a total rating of 2A 10 BC or greater; and

(4) Have an operating mechanism sealed with a type of seal that does not interfere with the use of the fire extinguisher.

B. First Aid Kit. A school vehicle shall carry a weatherproof first aid kit, removable and readily identifiable, mounted in an accessible, non-enclosed location in the driver’s compartment. The kit shall contain at a minimum, the contents suggested by the national standards for school transportation specifications and procedures.

C. Reflectors and Flares.

(1) A school vehicle shall be equipped with three red triangular emergency reflectors in a suitable holder located in the driver’s area; or

(2) A school vehicle shall be equipped with three 30-minute stand-up flares stored in a red canister in the driver’s area.

D. Body Fluid Clean-Up Kit. A school vehicle shall have a removable and moisture-proof fluid clean-up kit. The kit shall be properly mounted in the driver’s compartment and identified as a body fluid clean-up kit.

E. Storage. The emergency equipment may be stored in a non-locking compartment that is permanently labeled “Safety Equipment Inside”.

Reject Vehicle If:

(1) Not equipped with a fire extinguisher of the required type, rating, and capacity;

(2) The fire extinguisher is not mounted as required;

(3) Not equipped with a first aid kit, or kit does not contain the proper contents;

(4) The first aid kit is not identified and mounted as required;

(5) Not equipped with three red triangular reflectors;

(6) The reflectors are not stored as required;

(7) Not equipped with three 30-minute flares, or flares are not stand-up or lean-to flares;

(8) Flares are not stored as required;

(9) Not equipped with a body fluid clean-up kit as required; or

(10) The body fluid clean-up kit is not identified or mounted as required.

.28 School Vehicle Approved Optional Systems.

A. Video Cameras. Video cameras may be installed in a school vehicle if:

(1) The camera system has been approved by the administration;

(2) The system is installed in an area of the school vehicle with no sharp edges or an area not likely to cause student injury; and

(3) The system is outside the federal head impact zone.

B. A safety detection system approved by the Federal Communications Commission (FCC) may be installed to warn drivers of moving objects, such as children, within areas around a school vehicle considered to be most dangerous.

Reject Vehicle If:

(1) The video camera system is not an approved type;

(2) The video camera system is installed in a prohibited manner;

(3) The safety detection system is not an approved type;

(4) The safety detection system does not operate automatically, and when the stop arm is extended;

(5) The safety detection system is not equipped with audible and visual alarms with volume adjustment to compensate for background noise;

(6) The safety detection system is not located in the driver’s compartment, visible from the driver’s seat; or

(7) The safety detection system is not equipped with a delay feature to operate the detection system unit for a brief period of time after the school vehicle resumes motion.

.29 Type I School Vehicles for Transporting Special Needs Children.

A. School vehicles constructed for transporting special needs children shall comply with vehicle equipment standards, but because of the use of specialized equipment installed, may have certain modifications that result in alterations in vehicle equipment configurations.

B. Special Service Doors (Wheelchair Door). If equipped, the special service door shall be manually operated, padded over the door header, and equipped with a functioning audible signal in the driver’s compartment to warn if the door is not securely closed. Double doors shall overlap where they meet, and all doors shall be equipped with weather seals. A light shall be inside the vehicle to illuminate the area of the special service door, operated from the door area. Aisles leading to the doors shall be maintained with a minimum of 30 inches width to permit passage of wheelchairs. Door panels shall extend below the floor line when ramps are used and cover the ramp container opening.

C. Ramp. A ramp shall be of sufficient strength to support at least 600 pounds and at least 88 inches long and of the same width as the door opening at the floor level, and be equipped to secure to the vehicle. A ramp shall be equipped with a protective flange on each side to keep wheels on the ramp, and the floor of the ramp shall be of nonskid material.

D. Power Lift (Elevator and Fold-Up Platform). A power lift shall have at least a 660 pound working capacity with power up capability. A lift platform shall be at least 26 inches wide and 40 inches long with a ramp with nonskid surface material and safety stops at both ends. The power lift shall be controlled from a panel within the vehicle adjacent to the lift, operational by an attendant standing on the lift. The lift shall not operate unless the door is opened. A manual backup system shall be provided in the event of power failure of the lift.

E. Wheelchairs. Forward-facing wheelchairs shall be secured by a four-point fastening system.

F.  Grab Handles. May be used on each side of the front service doors.

G. Book Racks. May be installed on residential special education vehicles above the side windows from the front cross seat to the rear transverse seat, except across or above an emergency door. Bookrack shall be padded and cover the edges and lower surfaces of the rack.

Reject Vehicle If:

(1) A school vehicle service door is not in compliance with this regulation;

(2) The aisles leading to the door are not at least 30 inches wide;

(3) The header over door area is not padded, or padding is damaged;

(4) A special door is not equipped with a functioning audible signal in the driver’s compartment to warn if the door is not securely closed;

(5) A school vehicle ramp is not in compliance with this regulation;

(6) A school vehicle power lift is not in compliance with this regulation;

(7) The wheelchair fastening system is not a four-point system or is damaged;

(8) The bookrack is installed across or above an emergency door; or

(9) The bookrack is not padded to prevent impact injuries as required.

 

CHRISTINE NIZER
Administrator


 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 03 GENERAL INSTRUCTIONAL PROGRAMS

13A.03.08 Students at Risk for Reading Difficulties

Authority: Education Article, §4-136(i), Annotated Code of Maryland

Notice of Proposed Action

[25-082-P]

The State Board of Education proposes to repeal existing Regulations .01—.08 and adopt new Regulations .01—.07 under COMAR 13A.03.08 Students at Risk for Reading Difficulties.  This action was considered by the State Board of Education at its meeting on March 25, 2025.

Statement of Purpose

The purpose of this action is to enhance clarity, strengthen accountability, and ensure alignment with current best practices in reading instruction.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed amendments to COMAR 13A.03.08 expand upon the statutory requirements already outlined in Education Article, §2-205 and §4-136, Annotated Code of Maryland, passed under the Ready to Read Act. The law requires screening of students for reading difficulties and provision of supplemental instruction.

All 24 local education agencies (LEAs) are already implementing core components of the statute—including screening, intervention, and reporting. These proposed amendments clarify expectations, strengthen accountability, and align implementation with Maryland’s Comprehensive PK-3 Literacy Policy.

II. Types of Economic Impact.

Impacted Entity

Revenue (R+/R-)

Expenditure (E+/E-)

Magnitude

A. On issuing agency:

NONE

 

B. On other State agencies:

NONE

 

C. On local governments:

 

 

 Local Education Agencies

(E+)

Unknown

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

NONE

 

E. On other industries or trade groups:

NONE

 

F. Direct and indirect effects on public:

NONE

 

 

 

 

 

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

C. The economic impact will vary by LEA, depending on their existing resources and procedures. All LEAs are required to use a screening instrument from the state-approved list to ensure consistency and equity across the state. As a result, LEAs currently using a non-approved instrument must adopt a new one, which may lead to moderate increases in local expenditures for procurement and staff training. However, districts already using approved tools and evidence-based instructional models will experience minimal additional cost. State and federal funds—including Blueprint for Maryland’s Future Literacy Grants and the Comprehensive Literacy State Development (CLSD) Grant—are available to offset implementation costs.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has an impact on individuals with disabilities as follows:

The amendments ensure that students with disabilities receive equitable access to screening and intervention. IEP teams must use diagnostic information to inform reading support decisions, and the regulation may not delay or deny evaluation under IDEA.

Opportunity for Public Comment

Comments may be sent to Cristina Rodriguez, Manager of Literacy Programs and Initiatives, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0630, or email to [email protected]. Comments will be accepted through August 11, 2025. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on September 30, 2025 at 9:00 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.

.01 Scope.

These regulations establish the screening of students enrolled in kindergarten through third grade who may be at risk for reading difficulties, the provision of supplemental reading instruction for identified students, and annual reporting requirements.

.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Department” means the Maryland State Department of Education.

(2)“Diagnostic survey” means an assessment tool that identifies areas of need within a student’s mastery of reading skills, foundational skills, or both to guide intervention.

(3) “Evidence-based” means a program or practice that has demonstrated a statistically significant effect on improving student outcomes or other relevant outcomes based on well-designed and well-implemented studies, quasi-experimental studies, or correlational studies with statistical control for selection bias. 

(4) “Fluency” means reading accuracy and rate, including oral accuracy, prosody, intonation, and automaticity.

(5) “IEP” means an individualized education program as defined and developed in accordance with COMAR 13A.05.01.03.

(6) “IEP team” has the meaning stated in COMAR 13A.05.01.03.

(7) Multi-Tiered System of Supports.

(a) “Multi-tiered system of supports” means a proactive framework that aims to foster growth by ensuring that all students receive academic, behavioral, and social-emotional supports that they need to be successful.

(b) “Multi-tiered system of supports” utilizes multiple data points to identify students requiring intervention through three tiers of support.

(8) “Phonemic awareness” means the ability to distinguish, segment, blend, and manipulate phonemes in words.

(9) “Phonics” means the study of letters and letter combinations and the relationship between the sounds that they represent.

(10) “Phonological awareness” means a child’s ability to recognize and manipulate parts of oral language including syllables, onset-rime, and phonemes.

(11) “Progress monitoring” means a measurement procedure used at specified time intervals to measure a student’s response to instruction or intervention.

(12) “Rapid automatic naming” means how quickly individual students can name letters, digits, or symbols.

(13) “Reading difficulties” means a student’s challenges with decoding, language comprehension, or both, which affect their ability to achieve grade-level reading proficiency.

(14) “Screening instrument” means a brief, valid, and reliable measurement used to identify or predict whether a student may be at risk for poor learning outcomes.

(15) “Student reading improvement plan” means a personalized plan to help students improve their reading skills that includes assessments, goals, instruction, and monitoring. 

(16) “Supplemental reading instruction” means evidence-based, sequential, systematic, explicit, and cumulative instruction or intervention to mastery of foundational reading skills, including phonological or phonemic awareness and processing, phonics, and vocabulary to support development of decoding, spelling, fluency, and reading comprehension skills to meet grade level curriculum.

(17) “Tier I” means core instruction aligned with grade level standards.

(18) “Tier II” means supplemental instruction intended for students who have not made sufficient progress through Tier I instruction.

(19) “Tier III” means intensive supplemental instruction that is individualized based on severe and persistent learning or social-emotional needs.

.03 Student Screening.

A. Each local school system shall ensure that all students enrolled in kindergarten, first grade, second grade, and third grade are screened to identify if the student is at risk for reading difficulties and provided supplemental reading instruction aligned to the results of the screening instrument.

B. The local school system shall screen the students identified in §A of this regulation three times each school year including once in the fall, winter, and spring.

C. The local school system shall establish the screening schedule and require the first screening identified in §B of this regulation to occur within the first 60 calendar days of the beginning of the school year.

.04 Screening Instrument and Delivery.

A. Upon registration of a student or identification of a student at risk for reading difficulties, the local school system shall provide to the parent or guardian of the student the following:

(1) A written description of the screening and supplemental instruction process in the local school system; and

(2) Any checklists or screening instrument-specific forms required to support the screening protocol and supplemental instruction process.

B. The Department will provide a list of approved screening instruments for the local school systems.

C. The approved screening instruments shall:

(1) Accurately and reliably identify students at risk for poor learning outcomes;

(2) Be developmentally appropriate;

(3) Be economical to administer based on time and cost; and

(4) Use norm-referenced or criterion-based scores.

D. The screening required under this regulation shall be conducted by any of the following trained school personnel:

(1) Classroom teacher;

(2) School psychologist;

(3) Reading specialist;

(4) Special education teacher;

(5) Speech-language pathologist;

(6) Reading interventionist; or

(7) Any other educator trained to use appropriate screening instruments.

E. The appropriate grade-level screening instrument shall measure, at minimum:

(1) Phonological and phonemic awareness;

(2) Sound-symbol recognition;

(3) Decoding;

(4) Fluency; and

(5) Rapid automatic naming. 

.05 Screening Data and Supplemental Reading Instruction.

A. For only the 2025—2026 school year, §§B—E of this regulation shall apply to the local school systems.

B. If the results of screening conducted under Regulations .03 and .04 of this chapter indicate that a student is at risk of reading difficulties:

(1) Within 30 calendar days of the screening, the local school system shall notify the parent or guardian of the student in writing of the screening results and a description of the supplemental reading instruction that will be provided to the student; and

(2) The local school system shall develop a supplemental reading instructional plan to address the student’s identified areas of need.

C. The supplemental instruction shall take place within the school day.

D. Evidence-based supplemental instruction shall be based on data and aligned with the specific areas of deficit for students identified at risk.

E. The local school system may revise supplemental instruction based upon progress monitoring and the student’s placement in an appropriate multi-tiered system of supports.

F. Beginning in the 2026—2027 school year, §§G—K of this regulation shall apply to the local school systems.

G. If the results of a screening conducted under Regulations .03 and .04 of this chapter indicate that a student is at risk of reading difficulties, the local school system shall:

(1) Administer a diagnostic survey to determine the best targeted instruction;

(2) Notify the parent or guardian of the student, consistent with  §H of this regulation; and

(3) Subject to §K of this regulation, develop a Student Reading Improvement Plan to document the student’s identified areas of need and appropriate supplemental reading instruction, consistent with §§I and J of this regulation.

H. Parent or Guardian Notification.

(1) Within 30 days of the screening, the local school system shall provide written notification to the parent or guardian that includes:

(a) An explanation that their child has been identified as having difficulties in reading; and

(b) An invitation to collaborate on the development of a Student Reading Improvement Plan with the teacher, principal or designee, and/or other pertinent school personnel.

(2) The notification must be provided in family-friendly language.

I. Student Reading Improvement Plan.

(1) The local school system shall develop a student reading improvement plan no later than 30 days after identifying a student at risk of reading difficulties.

(2) The student reading improvement plan shall be created in partnership with the parent or guardian by the teacher, principal or designee, or other pertinent school personnel.

(3) The student reading improvement plan shall be documented on a template provided by the Department and include:

(a) The evidence-based reading intervention program the student will receive to remedy the reading deficit; and

(b) The necessary frequency and intensity of interventions to remediate the identified areas of need and accelerate learning.

(4) The student reading improvement plan shall be reviewed and updated at least once annually with the parent or guardian of the student.

(5) The local school system shall provide a copy of the student reading improvement plan to the parent or guardian.

J. Supplemental Instruction and Multi-Tiered System of Supports.

(1) Each local school system shall develop a multi-tiered system of supports consistent with guidance issued by the Department.

(2) The multi-tiered system of supports shall include:

(a) Program-specific progress monitoring system and tools to collect and analyze intervention data to make instructional decisions; 

(b) Home partnerships with parents or guardians as an integral part of the decision-making team; and

(c) Supports that address a student’s identified needs with varying intensity and duration across the three tiers.

(3) The supplemental instruction shall be provided within the local school system’s multi-tiered system of supports.

(4) In addition to Tier I instruction, supplemental instruction shall be provided through Tier II and Tier III interventions utilizing a reading program aligned with the science of reading.

(5) All students, including multilingual learners and students with disabilities, must be provided with access to all levels of tiered instruction. 

(6) The supplemental instruction shall take place within the school day.

K. Students with an IEP.

(1) If a student has an IEP, the IEP team should review the results of the screening instrument and diagnostic survey to determine whether the student’s IEP will be updated.

(2) If an update is necessary, the IEP team shall incorporate the data and information that would have been used to develop a Student Reading Improvement Plan.

(2) This chapter may not delay or deny a student who may be suspected of having a disability from the appropriate evaluation under the Individuals with Disabilities Education Act.

.06 Progress Monitoring.

A. The local school system shall set an individualized review schedule of the supplemental reading instruction for each student at intervals of not more than 30 days for progress monitoring.

B. The student’s parent or guardian will receive written progress reports quarterly or upon revisions to supplemental instruction.

C. The local school system may determine the student reading improvement plan is completed when the student has achieved grade level reading standards based upon age-appropriate re-screening.

.07 Reporting Requirements.

A. Each local school system shall provide resources on the school system website that includes:

(1) Reading screening instruments used in the local school system; and

(2) A checklist of early warning signs by age of reading difficulties and dyslexia.

B. On or before September 1, each year, all local school systems shall provide a report to the Maryland State Department of Education with the following information from the previous school year:

(1) The total number of students in kindergarten through third grade, by grade level disaggregated by grade level, race, disability status, multilingual learner status, and students eligible for free and reduced meals;

(2) The number of students in kindergarten through third grade, by grade level, who were screened at each level disaggregated by grade level, race, disability status, multilingual learner status, and students eligible for free and reduced meals;

(3) The number of students in kindergarten through third grade identified through a screening instrument as at risk for reading difficulties, disaggregated by grade level, race, disability status, multilingual learner status, and students eligible for free and reduced meals; and

(4) The number of students in kindergarten through third grade, by grade level, identified as at risk for reading difficulties who received supplemental reading instruction disaggregated by grade level, race, disability status, multilingual learner status, and students eligible for free and reduced meals.

CAREY M. WRIGHT, ED.D.
State Superintendent of Schools

Subtitle 12 EDUCATOR LICENSURE

Notice of Proposed Action

[25-107-P]

The State Board of Education proposes to amend:

(1) Regulation .04 under COMAR 13A.12.01 General Provisions;  

(2) Regulation .02 under COMAR 13A.12.04 Specialists;  and

(3) Regulation .02 under COMAR 13A.12.05 Administrators and Supervisors. 

This action was considered by the State Board of Education at its March 25, 2025 meeting.

Statement of Purpose

The purpose of this action is to expand the use of the Temporary Professional License to social workers licensed by the Department of Health to allow them a 2-year period to complete a course in special education content. This will allow these individuals to accept an offer of employment before completing the coursework required for educator licensure.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has an impact on individuals with disabilities as follows:

School social workers often provide services to special education students as part of an Individualized Education Program (IEP). The amendments are a result of schools across the state reporting that it is difficult to recruit social workers who already have the coursework needed to work in the school setting. Allowing schools to hire social workers on a temporary license while they complete the required coursework will result in expanded access to social work services for students with disabilities.

 

Opportunity for Public Comment

Comments may be sent to Kelly Meadows, Assistant State Superintendent, Division of Educator Effectiveness, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0386, or email to [email protected]. Comments will be accepted through August 11, 2025. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on August 26, 2025 at 9:00 am, at 200 West Baltimore Street, Baltimore, MD 21201.

13A.12.01 General Provisions

Authority: Education Article, §§2-205, 2-303(g), 6-127, 6-701—6-708, and 8-3A-03; Family Law Article, §10-119.3; Annotated Code of Maryland

.04 Issuance and Types of Licenses.

A.—D. (text unchanged)

E. Effective Dates of Licenses.

(1)─(4) (text unchanged)

(5) An educator who meets the eligibility requirements to advance to the Professional License or Advanced Professional License under COMAR 13A.12.02.02, COMAR 13A.12.03.02, COMAR 13A.12.04.02, or COMAR 13A.12.05.02 shall retain all of the endorsements listed on the existing license.

F.—G. (text unchanged)

13.12.04 Specialists

Authority: Education Article, §§2-205, 2-303(g), 6-701—6-708, 8-3A-03 and 8-701—8-708, Annotated Code of Maryland

.02 Licenses for Specialists.

A. Types of Specialist Licenses.

(1) Temporary Professional.

(a)—(b) (text unchanged)

(c) If an applicant under Regulation .11 of this chapter has not completed three semester hours or obtained three State-approved CPD credits in special education coursework, but otherwise meets the requirements for initial licensure, a local school system, State-operated school, or nonpublic school approved under COMAR 13A.09.10 may request a Temporary Professional License for the applicant.

(2) (text unchanged)

(3) Professional.

(a) (text unchanged)

(b) An applicant who has met the requirements of one of the pathways to licensure under Regulations .03—.12 of this chapter is eligible for a Professional License if the applicant submits documentation:

(i) Verifying 3 years of effective performance [as a specialist]; and

(ii) (text unchanged)

(4) (text unchanged)

B. (text unchanged)

13.12.05 Administrators and Supervisors

Authority: Education Article, §§2-205, 2-303(g), 6-701—6-708, 8-3A-03 and 8-701—8-708, Annotated Code of Maryland

.02 Licenses for Administrators and Supervisors.

A. Types of Administrator/Supervisor Licenses.

(1) (text unchanged)

(2) Professional.

(a) (text unchanged)

(b) An applicant who has met the requirements of one of the pathways to licensure under Regulations .03—.12 of this chapter is eligible for a Professional License if the applicant submits documentation:

(i) Verifying 3 years of effective [administrative or supervisory] performance; and

(ii) (text unchanged)

(3) (text unchanged)

B. (text unchanged)

CAREY M. WRIGHT, ED.D.
State Superintendent of Schools

 

Subtitle 12 EDUCATOR LICENSURE

13A.12.06 Disciplinary Actions and Denials

Authority: §§2-205, 2-303(g), and 6-701—6-708; Family Law Article, §10-119.3; Annotated Code of Maryland

Notice of Proposed Action

[25-122-P]

The State Board of Education proposes to amend Regulations .01—.04, .08 and .09 under COMAR 13A.12.06 Disciplinary Actions and Denials. This action was considered by the State Board of Education at its April 29, 2025 meeting.

Statement of Purpose

The purpose of this action is to make changes in terminology of existing definitions.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Kelly Meadows, Assistant State Superintendent, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0386, or email to [email protected]. Comments will be accepted through August 11, 2025. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on September 30, 2025 at 9:00 am, at 200 West Baltimore Street, Baltimore, MD 21201.

.01 Definitions.

A. (text unchanged)

B. Terms. Defined.

[(1) “Charge” means the written cause on which a proposed suspension, or revocation is based.

(2)] (1) “Denial” means that an individual may not be issued a license because the individual has committed one or more [causes] grounds that could lead to the suspension or revocation of a license.

(2) “Grounds” means the basis or cause for denial, suspension, or revocation.

(3) “Petition” means the written request for denial, suspension, or revocation.

[(3)] (4)—[(5)] (6) (text unchanged)

[(6)] (7) “Voluntarily surrendered” means a license holder relinquishes the license while under investigation for [a cause] grounds that could lead to the suspension or revocation of the license, or while a suspension or revocation action is pending against the license holder, and is equivalent to a revocation.

.02 [Causes] Grounds for Disciplinary Action or Denial.

A. The State Superintendent of Schools shall suspend, deny, or revoke a license and all specific license areas issued under this subtitle for the [causes] grounds set forth in this regulation.

B. (text unchanged)

C. Suspension, Revocation, or Denial. The State Superintendent of Schools shall suspend, deny, or revoke a license if the license holder or applicant:

(1)—(6) (text unchanged)

(7) Is dismissed after notice of allegation of misconduct involving any [cause] grounds for denial, suspension or revocation of a license provided in this regulation is substantiated;

(8) Resigns after notice of allegation of misconduct involving any [cause] grounds for denial, suspension or revocation of a license provided in this regulation; or

(9) (text unchanged)

D. (text unchanged)

.03 [Reporting Procedures.] Petition for Disciplinary Action or Denial.

A. Except as provided in Regulation .02B(2) of this chapter, the following individuals shall [notify]  file a petition notifying the State Superintendent of Schools in writing of [charges] grounds against a license holder or applicant under Regulation .02 of this chapter:

(1) The local superintendent of schools or a state agency employer if the:

(a) (text unchanged)

(b) Conduct is reported to the local school system in a criminal background investigation required under Family Law Article, [§§5-560—5-568] §§5-5505-559, Annotated Code of Maryland;

(2) The administrator of a nonpublic school if the:

(a) (text unchanged)

(b) Conduct is reported to the nonpublic school in a criminal background investigation required under Family Law Article, [§§5-560—5-568] §§5-5505-559, Annotated Code of Maryland; or

(3) The Assistant State Superintendent of Educator [Licensure and Program Approval] Effectiveness, or the superintendent’s designee.

B. The [written report] petition shall include all of the following:

(1) Name and current or last known address, e-mail, and phone number of the individual against whom the [charges are] petition is being filed;

(2) Type of license or licenses held by the individual against whom the [charges are] petition is being filed;

(3) Specific grounds as set forth in Regulation .02 of this chapter and [the specifications that] any evidence, documentation, or other information [support] supporting the grounds for [either] denial, suspension, or revocation;

(4) (text unchanged)

(5) A recommendation on the type of disciplinary action that should be issued, including the following considerations:

(a)—(b) (text unchanged)

(c) The State Superintendent of Schools may accept or reject the recommendation, as follows:

(i) Where the State Superintendent of Schools rejects the recommendation of the [reporter] petitioner under §A of this regulation, the State Superintendent shall recommend the appropriate disciplinary action; and

(ii) The [reporter] petitioner under §A of this regulation shall adopt the State Superintendent’s recommendation in all proceedings related to the licensing action.

C. The State Superintendent of Schools shall deny, suspend, or revoke a license [after written notification] upon receipt of a proper petition by a local superintendent of schools, an administrator of a nonpublic school, or the Assistant Superintendent of Educator Licensure and Program Approval[, of] identifying the [charges] grounds against the license holder.

D. Before denying, suspending or revoking a license, the State Superintendent of Schools shall:

(1) Send the applicant or license holder written notice of the [charges] petition; and

(2) (text unchanged)

E. The State Superintendent of Schools shall e-mail and mail one copy of the written notice and the procedures applicable to the denial, suspension, or revocation of a license by certified mail to the current or last known address of the license holder.

F. The license holder against whom [charges] the petition [have] has been filed may request a hearing in writing within 30 calendar days of the date of the written notice specified in §D of this regulation.

G. If the license holder does not request a hearing in writing on the [charges] petition within the 30-day period set forth in §D(2) of this regulation, the State Superintendent of Schools shall deny, suspend or revoke the license.

H. Voluntary Surrender.

(1) An educator who is under investigation for, or facing [charges] a petition identifying, grounds for [a cause] disciplinary action or denial as listed in Regulations .02C and D of this chapter may voluntarily surrender his or her license.

(2) (text unchanged)

I.—J. (text unchanged)

K. Denial.

(1) The Department shall deny a license, permanently or for a fixed period of time, to an individual who does not currently hold a license and has committed [a cause] grounds listed under Regulation .02C of this chapter.

(2) The Department shall deny a license permanently to an individual who does not currently hold a license and has committed [a cause] grounds listed under Regulation .02D of this chapter.

(3) (text unchanged)

(4) An individual under investigation for [a cause] grounds under Regulation .02 of this chapter shall remain ineligible for a license pending the result of the investigation.

(5) (text unchanged)

.04 Hearing Procedures.

A. (text unchanged)

B. If the written [charges] petition [were] was filed against the license holder by the local superintendent of schools or an administrator of a nonpublic school under Regulation .03 of this chapter, a representative from the local school system or nonpublic school shall present the case before the Office of Administrative Hearings.

C. (text unchanged)

D. The administrative law judge shall determine if the [charges] grounds against the license holder are supported by a preponderance of the evidence.

E.—F. (text unchanged)

.08 Educator Identification Clearinghouse.

A.—C. (text unchanged)

D. The existence of a record in the Educator Identification Clearinghouse alone is not [grounds] a basis for reciprocal action.

.09 Reinstatement.

A.—C. (text unchanged

D. Reinstatement Review Panel.

(1) An individual whose license was revoked under Regulation .02C of this chapter or voluntarily surrendered may [petition] request that the Reinstatement Review Panel [for reinstatement of] reinstate the license not sooner than 10 years from the date of revocation.

(2) (text unchanged)

(3) The individual seeking reinstatement shall submit to the Reinstatement Review Panel a written [petition] request showing credible evidence, by affidavit or otherwise, of the factors set out in §C(4) of this regulation, and may request an opportunity to appear in person before the Panel.

(4) The Reinstatement Review Panel shall consider the following facts in evaluating a [petition] request for reinstatement:

(a)—(d) (text unchanged)

(5)—(7) (text unchanged)

E. A license revoked or voluntarily surrendered while an educator is under investigation for, or facing [charges] a petition identifying, grounds under Regulation .02D of this chapter may not be reinstated.

CAREY M. WRIGHT, ED.D.
State Superintendent of Schools

 

Title 14
INDEPENDENT AGENCIES

Subtitle 35 MARYLAND HEALTH BENEFIT EXCHANGE

14.35.21 State-Based Health Insurance Subsidies Program

Authority: Insurance Article, §31-106(c)(1)(iv), Annotated Code of Maryland

Notice of Proposed Action

[25-127-P]

The Maryland Health Benefit Exchange proposes to adopt new Regulations .01—.07 under a new chapter, COMAR 14.35.21 State-Based Health Insurance Subsidies Program.  This action was considered at the regular meeting of the Board of Trustees on May 19, 2025.

Statement of Purpose

The purpose of this proposed action is to adopt new regulations pursuant to HB1082 of 2025 concerning a new state-based health insurance subsidy program.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Becca Lane, Senior Health Policy Analyst, Maryland Health Benefit Exchange, 750 E Pratt St., 6th Floor, Baltimore, MD 21202, or call 410-547-7371, or email to [email protected]. Comments will be accepted through August 11, 2025. A public hearing has not been scheduled.

.01 Scope.

A. This chapter sets forth the structure, implementation, and eligibility standards for the State-Based Health Insurance Subsidies Program, as required under Insurance Article, §31-117, Annotated Code of Maryland.

B. If the advance premium tax credits under 26 U.S.C. §36B(b)(3)(A)(iii) are extended for calendar years 2026 and 2027, the subsidy under this chapter shall be abrogated and of no further force and effect.

.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Enrollee” means a qualified individual who is enrolled in a qualified health plan through the Individual Exchange.

(2) “Essential health benefit” has the meaning set forth in Insurance Article, §31-116(a), Annotated Code of Maryland, and 42 U.S.C. §18022(b).

(3) “Federal poverty level (FPL)” means the most recently published federal poverty level guidelines, updated periodically in the Federal Register by the Secretary of HHS as set forth in 42 U.S.C. §9902(2), as of the first day of the open enrollment period for qualified health plans (QHPs) offered through the Individual Exchange for a calendar year.

(4) “Program” means the State-Based Health Insurance Subsidies Program.

.03 Eligibility Requirements for Subsidies Through the Program.

A. An enrollee is eligible to receive subsidies from the Program during a month if:

(1) The enrollee is a member of a tax filer’s tax household and the tax filer has met the eligibility requirements for APTC in accordance with the requirements in COMAR 14.35.07.08A(2), B— C, E, F and H; and

(2) The enrollee experiences an increase in the applicable percentages established under 26 U.S.C. §36B(B)(3)(A)(iii) for premiums based on household income in calendar years 2026 and 2027, as compared to the applicable percentages in place for calendar year 2025.

B. The subsidy shall be automatically applied to eligible enrollees’ premiums.

C.  In any calendar year of the program:

(1) The Board may limit the availability of subsidies, regardless of eligibility, if the costs of the program are projected to exceed the budgeted allowance for that calendar year;

(2) The limit described in §C(1) of this regulation may take the form of:

(a) A limit on the number of enrollees eligible for the subsidy;

(b) A limit on increases in subsidies during a plan year for enrollees after enrollment; or

(c) Any other limit or combination of limits as the Board deems appropriate;

(3) Any limit on the availability of subsidies for enrollees in the program shall be applied uniformly to all enrollees after the effective date of the Board’s decision; and

(4) The Exchange shall monitor the data outlined in Regulation .05 of this chapter to determine, in consultation with the Maryland Insurance Administration, the recommended limits to the Program.

E. Effective Dates for Changes in Subsidy Eligibility.

(1) Except as otherwise specified under this regulation, changes in eligibility for subsidies determined by the Individual Exchange are effective the first day of the month following the date on which the determination is made.

(2) When an applicant is determined newly eligible for Medicaid or MCHP, the applicant shall be ineligible for subsidies beginning the first of the month after the enrollee is determined newly eligible for Medicaid or MCHP.

(3) When an applicant is eligible for a special enrollment period under COMAR 14.35.07.12—.19, the applicant or enrollee shall be determined eligible for subsidies as of the applicable effective date specified for each special enrollment period under COMAR 14.35.07.12—.19.

(4) When an enrollee’s enrollment is terminated by the enrollee as set forth in 45 CFR §155.430(b)(1) or terminated by the Exchange under 45 CFR §155.430(b)(2)(i)—(vii) the subsidy shall be terminated in accordance with the applicable effective date of the termination set forth in 45 CFR §155.430(d).

.04 Calculation of Subsidies Under the Program.

A. The subsidy may not exceed the enrollee’s premium amount.

B. The subsidy shall be applied to the premium balance remaining after application of the Advance Premium Tax Credit.

C. Basis of Calculation.

(1) For enrollees with a greater than 0 percent premium contribution based on the payment parameters set by the Board, the subsidy shall be calculated based on, and applied only to, the portion of premium allocated to essential health benefits.

(2) For enrollees with a 0 percent premium contribution based on the payment parameters set by the Board, the subsidy shall also be applied to nonessential health benefits so that the enrollee’s total premium responsibility is equal to $0.

E. For plan years 2026 and 2027, the Board shall set the payment parameters for each plan year of the Program before December 31 preceding the applicable plan year.

.05 Exchange Data Collection, Reporting, and Maintenance.

A. The Exchange shall track data on the Program including:

(1) On a monthly basis, or more frequently as required to appropriately monitor enrollment and spending under the program, the average number of enrollees receiving subsidies under the Program;

(2) On a monthly basis, or more frequently as required to appropriately monitor enrollment and spending under the program, the average subsidy amount received by enrollees under the Program; and

(3) The impact the Program has on rates in the individual insurance market.

B. Information tracked in §A(1) and (2) of this regulation shall be posted on the website of the Individual Exchange and included in the Annual Report required under Insurance Article, §31-119(d), Annotated Code of Maryland.

C. The Individual Exchange shall maintain documents and records relating to the Program, whether paper, electronic, or in other media, for each benefit year for at least 10 years.

D. The Individual Exchange shall ensure that the collection of personally identifiable information is limited to information reasonably necessary for use in the calculation of subsidies. Any use and disclosure of personally identifiable information shall be limited to those purposes for which the personally identifiable information was collected, including for purposes of data validation.

E. The Individual Exchange shall maintain standards that provide administrative, physical, and technical safeguards for the personally identifiable information consistent with applicable State and federal standards.

.06 Disbursement of Subsidies.

A. The Individual Exchange shall transmit subsidies directly to the carrier with whom the recipient is enrolled, to be applied to the recipient’s premium.

B. A carrier that receives notice from the Individual Exchange that an individual enrolled in the carrier’s QHP is eligible for subsidies shall:

(1) Reduce the portion of the premium charged to or for the individual for the applicable month or months by the amount of the subsidy;

(2) Notify the Exchange of the reduction in the portion of the premium charged to the individual in accordance with 45 CFR §156.265(g); and

(3) Include with each billing statement, as applicable, to or for the individual the amount of the subsidy for the applicable month or months, and the remaining premium owed.

C. Failure to Timely Report Effectuations.

(1) The Individual Exchange requires carriers to send 834 effectuation files to the Individual Exchange in a timely manner, and not more than 90 days after receiving an 834 enrollment file for a recipient.

(2) Notwithstanding §A of this regulation, if a carrier sends an 834 effectuation file to the Individual Exchange more than 90 days after the coverage start date on the 834 enrollment file sent by the Individual Exchange to the carrier, the Individual Exchange will transmit subsidies to a carrier for a maximum of 3 months retroactively, including the month in which the effectuation file is transmitted to the Individual Exchange as one of the 3 retroactive months.

(3) An individual enrolled in a carrier’s QHP shall be held harmless for any portion of premium not transmitted to the carrier under § C(2) of this regulation.

D. Refunds.

(1) If a carrier discovers that it did not reduce the portion of the premium charged to or for an enrollee for the applicable month or months by the amount of the subsidy in accordance with §B(1) of this regulation, the carrier shall notify the enrollee of the improper reduction within 45 calendar days of the carrier’s discovery of the improper reduction and refund any excess premium paid by or for the enrollee.

(2) Unless a refund is requested by or for the enrollee, the carrier shall, within 45 calendar days of discovery of the error, either apply the excess premium paid by or for the enrollee to the enrollee’s portion of the premium or refund the amount directly.

(3) If any excess premium remains after application of premium as described in §C(2) of this regulation:

(a) The carrier shall apply the excess premium to the enrollee’s portion of the premium for each subsequent month for the remainder of the period of enrollment or benefit year until the excess is fully applied or refund the remaining amount directly; and

(b) At the end of the period of enrollment or benefit year, the carrier shall refund any excess premium within 45 calendar days of the end of the period of enrollment or benefit year, whichever comes first.

(4) If a refund is requested by or for the enrollee, the refund shall be provided within 45 calendar days of the date of the request.

E. A carrier may not refuse to commence coverage under a policy or terminate coverage on account of any delay of advance payment of a subsidy on behalf of an enrollee if the carrier has been notified by the Exchange that the carrier will receive such advance payment.

F. Carriers shall participate in the payment and reconciliation process established by the Individual Exchange to ensure that appropriate payments are received by the carriers and that excess payments are returned by the carriers to the Individual Exchange.

.07 Document Retention and Audits.

A. Carriers shall maintain documents and records, whether paper, electronic, or in other media, sufficient to substantiate the disbursement of subsidies made pursuant to Regulations .03 and .06 of this chapter for a period of at least 10 years and shall timely make those documents and records available upon request by the Board or its designee to any such entity for purposes of verification, investigation, audit, or other review of subsidy disbursement.

B. Audits.

(1) The Individual Exchange may require a carrier offering subsidies through the program to participate in an audit to assess its compliance with the requirements of this chapter. For any audit under this section, the Individual Exchange shall determine whether the audit shall be conducted by:

(a) The Individual Exchange,

(b) A designee of the Individual Exchange; or

(c) An independent, third-party auditor compensated by the carrier.

(2) Timeliness of Audit Reports.

(a) If the audit is conducted by an independent, third-party auditor as specified in §B(1)(c) of this regulation, the carrier must obtain the results no later than 6 months after an audit is requested by the Individual Exchange.

(b) If the audit is conducted by an independent, third-party auditor as specified in §B(1)(c) of this regulation, the carrier shall send the audit report to the Individual Exchange within 15 days of receipt of the audit report by the carrier.

(3) The carrier shall ensure that its relevant contractors, subcontractors, or agents cooperate with any audit under this section. If an audit results in a finding of material weakness or significant deficiency with respect to compliance with any requirement of these regulations, the carrier shall complete all of the following:

(a) Within 30 calendar days of the issuance of the final audit report, provide a written corrective action plan to the Individual Exchange for approval;

(b) Implement the corrective action plan; and

(c) Provide to the Individual Exchange written documentation of the corrective actions once taken.

MICHELE EBERLE
Executive Director

Title 33
STATE BOARD OF ELECTIONS

Subtitle 13 CAMPAIGN FINANCING

33.13.06 Campaign Accounts

Authority: Election Law Article, §2-102(b)(4) and Title 13, Subtitle 2, Part IV, Annotated Code of Maryland

Notice of Proposed Action

[25-140-P]

The State Board of Elections proposes to amend Regulation .01 under COMAR 33.13.06 Campaign Accounts.  This action was considered by the State Board of Elections at its May 29, 2025 meeting.

Statement of Purpose

The purpose of this action is to provide a legal definition of a method of obtaining contributions through a third-party payment processor.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Erin W. Dennis, Deputy Director of Candidacy and Campaign Finance, State Board of Elections, P.O. Box 6486 Annapolis, Maryland 21401, or call 410-269-2928, or email to [email protected]. Comments will be accepted through August 11, 2025. A public hearing has not been scheduled.

.01 [Definition] Definitions.

A. (text unchanged)

B. [Term] Terms Defined.

(1) "Financial Institution" has the meaning stated in Financial Institutions Article, §1-101(i), Annotated Code of Maryland.

(2) "Third-Party Payment Processor" has the meaning stated in Financial Institute Article, §1-101(x)(2)(ii)(2), Annotated Code of Maryland.

JARED DEMARINIS
State Administrator

 

33.13.06 Campaign Accounts

Authority: Election Law Article, §2-102(b)(4) and Title 13, Subtitle 2, Part IV, Annotated Code of Maryland

Notice of Proposed Action

[25-141-P]

The State Board of Elections proposes to amend Regulation .03 under COMAR 33.13.06 Campaign Accounts.  This action was considered by the State Board of Elections at its May 29, 2025 meeting.

Statement of Purpose

The purpose of this action is to mandate that a payment transfer from the third-party processor to the committee shall occur within 7 days after the contribution has been deposited.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Erin W. Dennis, Deputy Director of Candidacy and Campaign Finance, State Board of Elections, P.O. Box 6486 Annapolis, Maryland 21401, or call 4102692928, or email to [email protected]. Comments will be accepted through August 11, 2025. A public hearing has not been scheduled.

.03 Required Elements.

A.—E. (text unchanged)

F. Use of Payment Processors. If a contribution to a campaign finance entity is made through a Third-Party Payment Processor, the campaign finance entity shall initiate the transfer of the contribution from the account of the Third-Party Payment Processor to the designated campaign account of the campaign finance entity within 7 days after the contribution is deposited in the account of the Third-Party Payment Processor.

JARED DEMARINIS
State Administrator

 

33.13.06 Campaign Accounts

Authority: Election Law Article, §2-102(b)(4) and Title 13, Subtitle 2, Part IV, Annotated Code of Maryland

Notice of Proposed Action

[25-142-P]

The State Board of Elections proposes to amend Regulation .05 under COMAR 33.13.06 Campaign Accounts.  This action was considered by the State Board of Elections at its May 29, 2025 meeting.

 

Statement of Purpose

The purpose of this action is to clarify that using a third-party payment processor as a financial institution is prohibited.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Erin W. Dennis, Deputy Director of Candidacy and Campaign Finance, State Board of Elections, P.O. Box 6486 Annapolis, Maryland 21401, or call 410-269-2928, or email to [email protected]. Comments will be accepted through August 11, 2025. A public hearing has not been scheduled.

.05 Prohibitions.

 A political committee may not:

A.—C. (text unchanged)

D. Use a third-party payment processor as a campaign account or a financial institution.

JARED DEMARINIS
State Administrator

 

Special Documents

 

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 25-WQC-0005

 

Fishing Creek Farm Homeowners Association

1222 Cherry Tree Ln

Annapolis, MD 21403

 

Add’l. Info:  Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 25-WQC-0005.

 

Location: Beachview Rd and Southbreeze Ln., 38.918888 / -76.478108, Annapolis, MD 21403

 

The purpose of the project is beach nourishment and shoreline stabilization by:

1.       Constructing three stone breakwaters measuring 136-foot long by 28-foot wide, 165-foot long by 26-

foot wide, and 97-foot long by 21-foot wide along approximately 520 linear feet of shoreline

within a maximum of 134 feet channelward of the mean high water line; and

2.       Filling and grading approximately 15,480 square feet with 670 cubic yards of sand along 253 feet of

eroding shoreline to nourish an eroded beach and plant two areas with approximately 1,525

square feet of low marsh vegetation and 675 square feet of high marsh vegetation.

 

The WQC and its attachments may be viewed at the following link:

https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx

 

Appeal of Final Decision: This Water Quality Certification is a final agency decision. Any person aggrieved by the Department’s decision to issue this WQC may appeal such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the Department within 30 days of publication of the final decision and specify in writing the reason why the final decision should be reconsidered. A request for appeal shall be submitted to: Secretary of the Environment, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness of this WQC.

 

Contact:  Mel Throckmorton at [email protected] or 410-375-2803.

[25-14-07]

 

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 25-WQC-0023

 

MDOT Maryland Port Administration

Amanda Peñafiel

World Trade Center

401 E. Pratt Street

Baltimore, MD 21202

 

Add’l. Info:  Pursuant to COMAR 26.08.02.10F(1)(d), The Maryland Department of the Environment is providing notice of a scheduled Public Hearing for Water Quality Certification 25-WQC-0023. An in-person public hearing for the request for Water Quality Certification and Wetlands License is planned to be held, if one is requested by the public during the open public comment period from July 15, 2025 to August 15, 2025 by 5:00 pm. To view the Department’s Public Notice soliciting comments on this project, please visit the following link and select July 15 or August 1st: https://mde.maryland.gov/programs/Water/WetlandsandWaterways/AboutWetlands/Pages/Publicinformat ion.aspx. The purpose of the hearing is to gather information and hear testimony to assist the Department in making a determination for a Maryland Water Quality Certification on the request detailed below. A hearing will not be held if one is not requested. A public hearing request may be provided in writing to the Maryland Department of the Environment, Wetlands and Waterways Protection Program, Mary Phipps- Dickerson, 201 Baptist St., Suite 22, Salisbury, Maryland 21801 or by email at mary.phipps-[email protected] or Telephone No. (443) 509-0797. The informational public hearing is pre- scheduled for 6:30 p.m. on August 26, 2025 at the Madison Volunteer Fire Department, 1154 Taylors Island Rd, Madison, MD 21648. A poster session/display will be available from 6:00 PM to 6:30 PM where project drawings can be reviewed and MDOT Maryland Port Administration representatives will also be available to answer questions. The pre-scheduled hearing will be cancelled if no hearing requests are received by 5 pm on August 15, 2025. Please check the Department's website for updates on the hearing status at the following link: https://mde.maryland.gov/programs/water/WetlandsandWaterways/Pages/JamesIsland.aspx

 

Location: In the Chesapeake Bay within 0.75 miles to 3.54 miles from the mean high water line at Taylor Island, Dorchester County, Maryland

 

The Maryland Port Administration has requested a Water Quality Certification to restore 2,072 acres of remote island habitat, with 45% upland and 55% wetland creation in the vicinity of the historic area of James Island located in Dorchester County near Taylors Island. The proposed project is part of the Mid-Chesapeake Bay Island Ecosystem Restoration Project and will include the restoration of approximately 1,097 acres of wetlands and 897 acres of uplands, resulting in an overall disturbance of approximately 2,460 acres of bay bottom and open water habitat including 99 acres of the James Point historic oyster bar. The project is expected to provide the capacity for placement of up to 95 million cubic yards of dredged material from suitable federal channels within the Chesapeake Bay and will be located within 0.75 miles to 3.54 miles from the mean high water line at Taylor Island. The applicant is proposing to: 1) Construct 45,233 linear feet of perimeter armored dikes, including 20,713 linear feet of upland perimeter dikes averaging 260-foot wide and initially constructed to 11 feet mean lower low water (MLLW), and then incrementally raised with sand to 25 feet MLLW before reduction to the final elevation of 20 ft MLLW; 24,520 linear feet of wetland perimeter dikes averaging 160-foot wide with a maximum elevation of 11 feet MLLW; 6,200 linear feet by 400-foot wide wetland/upland transition zone with an initial height of 11 feet MLLW; and 37,129 linear feet of internal wetland dikes at 25-foot wide; 2) Construct a 3,500-foot long by 120-foot wide breakwater to the north and a 2,500-foot long by 120-foot wide breakwater to the south of the turning basin; 3) Construct a 249-foot long offloading bulkhead with two 72-foot long returns and support piles and backfill adjacent to the armored dike and within the turning basin; 4) Construct two dolphins with four 3-foot diameter steel piles and a 17-foot by 19-foot pile cap within the turning basin; 5) Construct a personnel access pier that includes an 8.5-foot long by 22-foot wide gangway landing, an 80-foot long by 6-foot wide gangway to a 10-foot long by 14.5-foot wide landing platform adjacent to a 200-foot long by 20-foot wide fixed platform and an 80-foot long by 6-foot wide gangway to a 40-foot long by 40-foot wide floating platform all within a maximum of 110 feet channelward from the top of the perimeter dike; 6) Construct two upland spillways, twelve wetland spillways, four tidal inlet box culvert structures, and six wetland weir structures of various sizes with wetland structures to be removed as the wetland cells are restored; 7) Dredge by hydraulic method 17 million cubic yards of sandy borrow material from the proposed upland cell to a depth of 35 feet below MLLW and place the material behind constructed dikes within the northern wetland complex referred to as the sand stockpile area to later be used for on-site construction; 8) Dredge by hydraulic method a 2,500-foot long by 1,000-foot wide turning basin and an 8,400-foot long by 600-foot wide access channel to a maximum depth of -26 feet MLLW, within a 209 acre area including the 3:1side slopes, and removing up to 4 million cubic yards of material which will be placed within a confined cell if it is silty material or within the sand stockpile area if it can be used for construction; 9) Dredge by hydraulic or mechanical method areas with unsuitable soils in the armored perimeter dike foundation area totaling 4,500 linear feet by 150 feet wide to an approximate depth of 20 feet MLLW and remove approximately 600,000 cubic yards of soil which will be placed hydraulically or mechanically in a confined cell away from the sand stockpile; 10) Install 14,000 linear feet of a 12-inch bundled submarine cable utility line from Taylors Island using a 24-foot wide weighted underwater sled and trenching a 2-foot wide by 8-foot deep trench below the bay bottom; 11) Construct shoreline features such as reefs, reefballs, breakwaters within 50 acres (design to be determined); 12) A 100-foot buffer around the dike perimeter is designated for potential impacts during construction and impacts from conversion to reef habitat; 13) Collect seasonal exterior benthic and sediment samples for monitoring at 15 sampling locations and 1 reference location using a 9-inch by 9-inch ponar sampler; and 14) Perform 100-foot deep by 8-inch diameter geotechnical borings at 100 sites within the island project vicinity. The purpose of this project is to restore remote island habitat and to provide capacity for up to 95 million cubic yards of dredged material.

 

The purpose of this notice is to solicit comments from the public about the proposed work and to announce the date of a Maryland Department of the Environment public informational hearing on the subject application which will be held if requested. At this time, no decision has been made as to whether a certification will be issued.

 

Contact:  Mary Phipps-Dickerson at mary.phipps-dickerson@maryland.gov or 443-509-0797.

[25-14-06]

 

MARYLAND HEALTH CARE COMMISSION

SCHEDULES FOR CERTIFICATE OF NEED REVIEW

The Maryland Health Care Commission (MHCC or Commission) provides the following schedules to interested members of the public and sponsors of health care facility and service projects subject to Certificate of Need (CON) review and approval. Not every type of project is subject to the requirements of CON review and approval or included in this review schedule. In these cases, persons seeking CON approval for a project may file a letter of intent at any time. The procedural regulations governing CON reviews, COMAR 10.24.01, have been revised with an effective date of February 17, 2025. The newly adopted regulations will apply to all projects subject to this schedule. (See COMAR 10.24.01.07 and .08 for additional information on CON application filing and project review.)

The general criteria for Certificate of Need review are set forth at COMAR 10.24.01.08G(3). The first criterion is evaluation of the project according to all relevant State Health Plan standards, policies, and criteria. State Health Plan regulations can be accessed at https://mhcc.maryland.gov/mhcc/pages/home/regulations/regulations.aspx.

This Certificate of Need review schedule updates the last schedule published in the Maryland Register on December 1, 2023, Volume 50, Issue 24, pages 1065-1067. This review schedule is not a solicitation by the Commission for Certificate of Need applications, and does not indicate, in and of itself, that additional capacity is needed in services subject to Certificate of Need review, or that Certificate of Need applications submitted for the services described will be approved by the Commission.

Applicants are encouraged to discuss their development plans and projects with the Commission Staff prior to filing letters of intent or applications.

Letters of Intent and applications for scheduled reviews may only be received and reviewed according to these published schedules. Letters of intent for projects not covered by this review schedule (e.g., intermediate care facilities) may be filed at any time.

All Letters of Intent and Certificate of Need applications, including the required number of copies of CON applications, must be received at the offices of the Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, Maryland 21215, no later than 4:30 p.m. on the scheduled date of submission. Letters of Intent should be filed by US mail and email to [email protected], [email protected], and [email protected]. Letters of intent for projects not covered by this review schedule may be filed at any time. For further information about review schedules or procedures, contact Ewurama Shaw-Taylor, Chief, Certificate of Need, at (410) 764-5982 or [email protected].

The Commission will use the following regional configuration of jurisdictions for the General Hospital Project, Special Hospital Project, Freestanding Ambulatory Surgical Facility Project, and Comprehensive Care/Nursing Home Facility Project Review Schedules:

 

Western Maryland: 

Allegany, Frederick, Garrett, and Washington, Carroll

Central Maryland: 

Anne Arundel, Baltimore City, Baltimore County, Harford, and Howard

Eastern Shore: 

Caroline, Cecil, Dorchester, Kent, Queen Anne's, Somerset, Talbot, Wicomico, and Worcester

Montgomery County & Southern Maryland:  

Calvert, Charles, Montgomery, Prince George's, and St. Mary's

 

General Hospital Projects

The Commission hereby publishes the following schedules for the submission of Certificate of Need applications by general hospitals for all projects, including those that involve:

(1) Establishment of a new general hospital;

(2) Capital expenditures by or on behalf of general hospitals that exceed the applicable capital expenditure threshold;

(3) Proposed changes in bed capacity or operating room capacity at existing hospitals;

(4) The relocation of a general hospital; and/or

(5) A change in the type or scope of any health care service offered by a general hospital, as specified at COMAR 10.24.01.02A, except for neonatal intensive care. 

Schedule One
Acute Care (General) Hospital Projects

Region

Letter of Intent
Due Date

Pre-Application
Conference Date

Application
Submission Date

Montgomery & Southern Maryland

July 11, 2025

July 23, 2025

September 12, 2025

Western Maryland

August 1, 2025

August 13, 2025

October 3, 2025

Central Maryland

September 5, 2025

September 17, 2025

November 7, 2025

Eastern Shore

October 3, 2025

October 15, 2025

December 5, 2025

 

Schedule Two

Acute Care (General) Hospital Projects

Region

Letter of Intent
Due Date

Pre-Application
Conference Date

Application
Submission Date

Montgomery & Southern Maryland

December 5, 2025

December 17, 2025

February 6, 2026

Western Maryland

January 2, 2026

January 14, 2026

March 6, 2026

Central Maryland

February 6, 2026

February 18, 2026

April 10, 2026

Eastern Shore

March 6, 2026

March 18, 2026

May 8, 2026

 

Special Hospital Projects (Pediatric, Psychiatric, Chronic, and Rehabilitation)

The Commission hereby publishes the following schedules for the submission of Certificate of Need applications by special hospitals, for all projects, including those that involve: (1) establishment of a new special hospital; (2) capital expenditures by or on behalf of special hospitals that exceed the applicable capital expenditure threshold; (3) proposed changes in bed capacity at existing special hospitals; (4) the relocation of a special hospital; and/or (5) a change in the type or scope of any health care service offered by a special hospital, as specified at COMAR 10.24.01.02A. 

 

Schedule One
Special Hospitals (Pediatric, Psychiatric, Chronic, and Rehabilitation)

Region

Letter of Intent
Due Date

Pre-Application
Conference Date

Application
Submission Date

Central Maryland

July 11, 2025

July 23, 2025

September 12, 2025

Eastern Shore

August 1, 2025

August 13, 2025

October 3, 2025

Montgomery & Southern Maryland

September 5, 2025

September 17, 2025

November 7, 2025

Western Maryland

October 3, 2025

October 15, 2025

December 5, 2025

 

Schedule Two
Special Hospitals (Pediatric, Psychiatric, Chronic, and Rehabilitation)

Region

Letter of Intent
Due Date

Pre-Application
Conference Date

Application
Submission Date

Central Maryland

December 5, 2025

December 17, 2025

February 6, 2026

Eastern Shore

January 2, 2026

January 14, 2026

March 6, 2026

Montgomery & Southern Maryland

February 6, 2026

February 18, 2026

April 10, 2026

Western Maryland

March 6, 2026

March 18, 2026

May 8, 2026

 

Freestanding Ambulatory Surgical Facility Projects

The Commission hereby publishes the following schedules for the submission of Certificate of Need applications to establish freestanding ambulatory surgical facilities, add operating rooms at an existing freestanding ambulatory surgical facility, or make a capital expenditure by a hospital for a freestanding ambulatory surgical facility project that requires Certificate of Need review and approval. The definition of freestanding ambulatory surgical facility can be found at Health-General Article §19-114(b).

Schedule One

Freestanding Ambulatory Surgical Facility Projects

Region

Letter of Intent
Due Date

Pre-Application
Conference Date

Application
Submission Date

Central Maryland

July 11, 2025

July 23, 2025

September 12, 2025

Eastern Shore

August 1, 2025

August 13, 2025

October 3, 2025

Montgomery & Southern Maryland

September 5, 2025

September 17, 2025

November 7, 2025

Western Maryland

October 3, 2025

October 15, 2025

December 5, 2025

 

Schedule Two

Freestanding Ambulatory Surgical Facility Projects

Region

Letter of Intent
Due Date

Pre-Application
Conference Date

Application
Submission Date

Central Maryland

December 5, 2025

December 17, 2025

February 6, 2026

Eastern Shore

January 2, 2026

January 14, 2026

March 6, 2026

Montgomery & Southern Maryland

February 6, 2026

February 18, 2026

April 10, 2026

Western Maryland

March 6, 2026

March 18, 2026

May 8, 2026

 

Comprehensive Care Facilities/Nursing Homes

The Commission hereby publishes the following two schedules for Certificate of Need review of proposed projects affecting comprehensive care facilities (CCF) or nursing homes. Schedule One A identifies the review cycles for proposals involving the addition of CCF beds in Maryland jurisdictions in which the most recent bed need projection published in the Maryland Register identifies a net need for beds in the forecast year and for which no letters of intent or applications have been filed. Persons interested in submitting Certificate of Need applications involving the addition of beds in these jurisdictions should contact the MHCC to ascertain the current level of net bed need identified for these jurisdictions prior to the filing of a Certificate of Need application. Schedule One and Two B establish submission dates for Certificate of Need applications related to all other CCF projects that do not involve an increase in CCF bed capacity in the jurisdiction in which the project is located. These include projects that relocate an existing facility or, in effect, relocate CCF bed capacity from an existing facility to a new site within the same jurisdiction.

Schedule One A

Projects Proposing New Comprehensive Care/Nursing Home Facility Beds in a Jurisdiction

The Commission is not accepting applications for projects introducing new Comprehensive Care/Nursing Home Facility Beds into a jurisdiction at this time.

 

Schedule One B

Other Comprehensive Care/Nursing Home Facility Projects

Region

Letter of Intent
Due Date

Pre-Application
Conference Date

Application
Submission Date

Montgomery & Southern Maryland

July 11, 2025

July 23, 2025

September 12, 2025

Western Maryland

August 1, 2025

August 13, 2025

October 3, 2025

Central Maryland

September 5, 2025

September 17, 2025

November 7, 2025

Eastern Shore

October 3, 2025

October 15, 2025

December 5, 2025

 

Schedule Two B
Other Comprehensive Care/Nursing Home Facility Projects

Region

Letter of Intent
Due Date

Pre-Application
Conference Date

Application
Submission Date

Montgomery & Southern Maryland

December 5, 2025

December 17, 2025

February 6, 2026

Western Maryland

January 2, 2026

January 14, 2026

March 6, 2026

Central Maryland

February 6, 2026

February 18, 2026

April 10, 2026

Eastern Shore

March 6, 2026

March 18, 2026

May 8, 2026

 

Freestanding Medical Facility Projects   

The Commission hereby publishes the following statewide schedule for Certificate of Need review of proposed projects by general hospitals to establish or relocate freestanding medical facilities (FMFs) and proposed capital expenditures by hospitals for FMF projects that exceed the applicable capital expenditure threshold. Please note that this schedule does not apply to the filing of a request for an Exemption from Certificate of Need by a general hospital seeking to convert to a freestanding medical facility.

Schedule
Freestanding Medical Facility Projects

Planning Region

Letter of Intent Due Date

Pre-Application Conference Date

Application Submission Date

All Jurisdictions

July 11, 2025

July 23, 2025

September 12, 2025

Cardiac Surgery Services

 The Maryland Health Care Commission provides the following schedule for the review of applications for Certificates of Need by general hospitals seeking to introduce cardiac surgery services. This review schedule is not a solicitation by the Commission for CON applications, and it does not indicate that additional capacity is needed or that CON applications submitted will be approved by the Commission. Applicants are encouraged to discuss their development plans and projects with the Commission staff prior to filing Letters of Intent. 

Region Definitions for Cardiac Surgery

 

Metropolitan Washington Region:

Calvert, Charles, Frederick, Montgomery, Prince George’s, St. Mary’s, and the District of Columbia

Eastern/Lower Shore Region:

Dorchester, Somerset, Wicomico, and Worcester

Western Region:

Allegany, Garrett, and Washington

Baltimore/Upper Shore Region:

Anne Arundel, Baltimore, Caroline, Carroll, Cecil, Harford, Howard, Kent, Queen Anne’s, and Talbot counties and Baltimore City

 

Schedule

Cardiac Surgery Services

Planning Region

Letter of Intent Due Date

Pre-Application Conference Date

Application Submission Date

All Jurisdictions

July 11, 2025

July 23, 2025

September 12, 2025

 

Home Health Agency Projects   

The Commission hereby publishes the following schedule for the submission of Certificate of Need applications for home health agencies. Please note that if you are a Maryland home health agency, nursing home or hospital you must pre-qualify to be a part of a Certificate of Need review. For residential service agencies (RSAs) please see the checklist on the Commission website to see if your agency qualifies before submitting a letter of intent or application. For more information on this, please contact Jeanne Marie Gawel, Chief of Long-Term Care Policy and Planning ([email protected]). Home health agencies do not use the same regional configuration as other health care services; however, a regional service area may be created by staff for a Certificate of Need review. For home health, a regional service area means a multi-jurisdictional region for the purpose of creating a larger population base for consideration of proposed home health projects by combining two or more jurisdictions which are geographically contiguous. Jurisdictions with a total population size of 300,000 or more will not be combined with other jurisdictions to create regional service areas.

The Commission will use the following regional configuration of jurisdictions for the Home Health Agency Project Reviews:

Western Maryland: 

Allegany, Frederick, Garrett, and Washington, Carroll

Anne Arundel County

Baltimore City

Baltimore County

Howard County

Montgomery County

Prince George’s County

Upper Shore:

Cecil, Kent, Harford, Queen Anne’s

Lower Shore: 

Caroline, Dorchester, Somerset, Talbot, Wicomico, and Worcester

Southern Maryland:  

Calvert, Charles, and St. Mary's

 

Schedule One
Home Health Agency Projects

Region

Letter of Intent
Due Date

Pre-Application
Conference Date

Application
Submission Date

Western

August 15, 2025

August 27, 2025

October 17, 2025

Baltimore City, Baltimore, and Howard

September 12, 2025

September 24, 2025

November 14, 2025

Upper Shore

October 17, 2025

October 29, 2025

December 19, 2025

Anne Arundel, Montgomery, Prince George’s, and Southern

November 7, 2025

November 19, 2025

January 9, 2026

Lower Shore

November 21, 2025

December 3, 2025

January 23, 2026

 

Schedule Two
Home Health Agency Projects

Region

Letter of Intent
Due Date

Pre-Application
Conference Date

Application
Submission Date

Western

December 5, 2025

December 17, 2025

February 6, 2026

Baltimore City, Baltimore, and Howard

January 2, 2026

January 14, 2026

March 6, 2026

Upper Shore

February 6, 2026

February 18, 2026

April 10, 2026

Anne Arundel, Montgomery, Prince George’s, and Southern

March 6, 2026

March 18, 2026

May 8, 2026

Lower Shore

April 3, 2026

April 15, 2026

June 5, 2026

 

Hospice Agency Projects  

The Commission is not accepting CON applications for Hospice Agency projects at this time.

 

[25-14-09]

 

General Notices

 

Notice of ADA Compliance

   The State of Maryland is committed to ensuring that individuals with disabilities are able to fully participate in public meetings.  Anyone planning to attend a meeting announced below who wishes to receive auxiliary aids, services, or accommodations is invited to contact the agency representative at least 48 hours in advance, at the telephone number listed in the notice or through Maryland Relay.


 

STATE COLLECTION AGENCY LICENSING BOARD

Subject: Public Meeting 

Date and Time: August 12, 2025, 2—3 p.m. Thereafter, the public meetings will take place the second Tuesday of every month, accessed via the Google Meet information below.

Place: Google Meet joining info: Video call link: https://meet.google.com/ahz-mgnk-jsu

Or dial: ‪(US) +1 530-738-1353‬ PIN: ‪815 799 863‬#

More phone numbers: https://tel.meet/ahz-mgnk-jsu?pin=1097700804795
Add'l. Info: If necessary, the Board will convene in a closed session to seek the advice of counsel or review confidential materials, pursuant to General Provisions Article, Maryland Annotated Code §3-305.

Contact: Ayanna Daugherty 410-230-6019

[25-14-05]

 

COMMISSIONER OF FINANCIAL REGULATION

Subject: Public Meeting 

Date and Time: July 23, 2025, 1:30— 3:30 p.m.

Place: Office of Financial Regulation
Maryland Dept. of Labor
100 S. Charles Street
Baltimore, MD 21201
Google Meet information for participation via web conference will be posted to the Office of Financial Regulation's website., Baltimore, MD

Add'l. Info: This is the third meeting of the Advisory Board for the Maryland Community Investment Venture Fund assembled to assist the Office of Financial Regulation pursuant to Financial Institutions Article, §2-118.1, Annotated Code of Maryland. If necessary, the Advisory Board will convene in a closed session to seek the advice of counsel or review confidential materials, pursuant to General Provisions Article, §3-305, Annotated Code of Maryland.

Contact: Stephen J. Clampett 443-915-2383

[25-14-02]

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Subject: Public Meeting 

Date and Time: July 18, 2025, 9:30 a.m.—12:00 p.m.

Place: via Google Meet

Add'l. Info: Health Occupations Article, Title 10, Annotated Code of Maryland, and COMAR 10.46 amendments, additions, and revisions, including fee changes, may be discussed/voted on. Budget information may also be discussed. It may be necessary to go into executive session. Sign language interpreters and/or appropriate accommodations for qualified individuals with disabilities will be provided upon request. Please call 1-800-735-2255.

Contact: Lauren Murray 410-402-8556

[25-14-01]

 

 

MARYLAND COLLEGE COLLABORATION FOR STUDENT VETERANS COMMISSION

Subject: Public Meeting 

Date and Time: July 23, 2025, 10a.m.— 12 p.m.

Place: 4501 N. Charles Street, Baltimore, MD

Contact: Denise Nooe 410-260-3840

[25-14-04]