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§ 23-105. Safety equipment repair orders

West's Annotated Code of MarylandTransportationEffective: October 1, 2016

West's Annotated Code of Maryland
Transportation
Title 23. Vehicle Laws--Inspection of Used Vehicles and Warnings for Defective Equipment (Refs & Annos)
Subtitle 1. Definitions; General Provisions
Effective: October 1, 2016
MD Code, Transportation, § 23-105
§ 23-105. Safety equipment repair orders
Issuance of safety equipment repair orders
(a)(1) If a police officer observes that a vehicle registered in this State is being operated with any equipment that apparently does not meet the standards established under this subtitle or the standards established under § 24-106.1(e) of this article, the officer shall stop the driver of the vehicle and issue to him a safety equipment repair order.
(2) A police officer may issue a safety equipment repair order for a cover required under § 24-106.1(e) of this article only if:
(i) The vehicle is equipped with a cover; and
(ii) The cover, or any equipment necessary to properly secure the cover, does not meet the standards established under § 24-106.1(e) of this article.
Owner of vehicle directed to have equipment corrected at place of owner’s choosing
(b) The safety equipment repair order shall direct the owner of the vehicle:
(1) To have the equipment corrected as necessary at a place of the owner's choosing within 10 days from the issuance of the order; and
(2) To send to the Division a repair order certification dated subsequent to the issuance of the order.
Equipment that can be certified by visual inspection
(c)(1) If a safety equipment repair order is for equipment that can be certified as corrected or adequate by visual inspection and without the use of testing equipment, any police department that issues safety equipment repair orders and repair order certifications shall, on request of the owner:
(i) Visually inspect the vehicle; and
(ii) If the equipment meets or exceeds the standards established under this subtitle, issue a repair order certification.
(2) The Division shall determine the equipment that may be inspected visually under this subsection and shall adopt rules and regulations to carry out its provisions.
Repair order forms and repair order certification forms
(d) The Division shall prepare and provide safety equipment repair order forms and repair order certification forms.
Rules and regulations
(e)(1) In cooperation with the Administration, the Division shall adopt rules and regulations to carry out the provisions of this section.
(2) The rules or regulations shall provide for:
(i) Suspending the registration of any vehicle for which a safety equipment repair order has been issued, on failure to comply with the order within 30 days after its issuance; and
(ii) Reinstating the suspended registration, on receipt of satisfactory evidence that the equipment has been corrected or that the equipment meets or exceeds the standards established under this subtitle.
Construction with other vehicle equipment laws
(f) This section does not limit or supersede any other provision of law concerning vehicle equipment or the means of enforcing the laws relating to that equipment.

Credits

Added by Acts 1977, c. 14, § 2, eff. July 1, 1977. Amended by Acts 1979, c. 421; Acts 1988, c. 6, § 1; Acts 1989, c. 541; Acts 1989, c. 796; Acts 2016, c. 608, § 1, eff. Oct. 1, 2016.
Formerly Art. 66 ½, § 13-104.
MD Code, Transportation, § 23-105, MD TRANS § 23-105
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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