.02 Motor Vehicle Emission Control Devices.
A. Definitions.
(1) "Air pollution control system" means any device or element of design installed on or in a motor vehicle or motor vehicle engine in order to comply with pollutant emission restrictions established for the motor vehicle or motor vehicle engine by federal or State statute or regulation.
(2) "Gross vehicle weight rating (GVWR)" means the value specified by the manufacturer as the maximum loaded weight of a single or combination vehicle.
(3) “Motor vehicle" means any self-propelled vehicle powered by an internal combustion engine and designed for use on public roads, such as automobiles, trucks, and buses.
(4) "Tamper" means to remove, alter, or otherwise render inoperative an air pollution control system.
(5) "Wholesale" means a transaction in which a vehicle is purchased for resale by a non-retail purchaser.
B. Applicability. The provisions of this regulation apply to all motor vehicles, except as listed in §C of this regulation.
C. Exemptions.
(1) This regulation does not apply to:
(a) The offering for sale, sale, or transfer, by a dealer, as that term has the meaning stated in the Transportation Article, §11-111, Annotated Code of Maryland, of a new motor vehicle that has never been registered for use;
(b) The sale or transfer of a motor vehicle for the sole purpose of scrapping, dismantling, destroying, or any similar activity, if sufficient documentation and proof is provided to the Department’s satisfaction within 30 days of sale or transfer;
(c) A vehicle that has been issued a certificate of salvage by the Maryland Motor Vehicle Administration, or a similar ownership document from within Maryland or another state as approved by the Department, that establishes a motor vehicle will not be operated on public roads;
(d) The offering for sale, sale, or transfer of a motor vehicle by auction where the auctioneer or facilitating auction is acting on behalf of a seller, secured party, or owner where the title does not pass to the auctioneer or to the facilitating auction location;
(e) The offering for sale, sale or transfer of a motor vehicle by an insured or claimant to an insurer;
(f) Vehicles manufactured without emissions systems;
(g) Motorcycles; or
(h) Vehicles sold at wholesale.
(2) This regulation does not prevent the service or repair of any air pollution control system.
D. Anti-Tampering Prohibitions.
(1) A person may not tamper with any air pollution control system on a motor vehicle or on a motor vehicle engine.
(2) A person may not operate a motor vehicle originally equipped with an air pollution control system unless that system is in place and in operating condition.
(3) A person may not manufacture, offer for sale, sell, install or use a device that prevents any air pollution control system from functioning as designed by the original manufacturer.
(4) A person may not offer for sale, lease, sell, auction, or transfer a motor vehicle with an air pollution control system that has been tampered with or removed or is otherwise not functional as designed by the original manufacturer.
E. Compliance Inspections.
(1) The Department or its agents have the right to conduct inspections of new and used motor vehicles for the purposes of determining compliance with the requirements of this regulation.
(2) The inspections authorized under §E(1) of this regulation may:
(a) Be conducted on any premises owned, operated, used, leased, or rented by any vehicle dealer;
(b) Extend to all air pollution control systems and their operation;
(c) Require the on-premises operation and testing of an engine or vehicle; and
(d) Require inspection of any related records, including records of emissions-related part repairs performed under warranty.
(3) Refusal to allow, or interference with, the inspections under this section shall be considered a violation of this regulation.
(4) A person who violates any provision of this regulation is subject to the sanctions set forth in Environment Article, Title 2, Annotated Code of Maryland. Each noncompliant vehicle is a separate violation.
F. Record Keeping.
(1) A vehicle dealer or business that sells, auctions, or transfers a motor vehicle shall maintain records, including:
(a) Date of sale or transfer of motor vehicle;
(b) Fuel type of motor vehicle;
(c) Motor vehicle description (that is, make, model, year, and GVWR);
(d) Vehicle Identification Number (VIN); and
(e) Statement that all air pollution control systems are in place and in operating condition.
(2) Records shall be maintained on-site for 5 years and available to the Department upon request.
