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

2. B. Terms Defined.

   1. (1) “Administration” means the Maryland Department of Transportation Motor Vehicle Administration.
   2. (2) “ASE” means the National Institute for Automotive Service Excellence.
   3. (3) “Audit” means a periodic quality assurance check, performed by the Administration or the Department, on equipment, records, and personnel regulated under this chapter.
   4. (4) “Auditor” means an employee or designee of the Administration or the Department who performs audits.
   5. (5) “Certificate” means a vehicle inspection report issued electronically or on paper by the Administration or a designee of the Administration, which certifies that a vehicle has undergone an emissions inspection

   6. (6) “Certified emissions repair facility” means a business certified by the Department which:

      1. (a) Engages in emissions-related repairs to vehicles; and
      2. (b) Meets the requirements of Regulation .19 of this chapter.
   7. (7) “Contractor” means a business under contract with the State to operate and manage the vehicle emissions inspection program.
   8. (8) “Date of scheduled inspection” means a specific date, as assigned by the Administration, by which a vehicle shall be inspected.
   9. (9) “Dealer” means a person licensed under Transportation Article, §15-302, Annotated Code of Maryland.
   10. (10) “Department” means the Maryland Department of the Environment.

   11. (11) “Emissions control device” means a design element or device installed on a motor vehicle by the vehicle manufacturer to comply with the standards of the Clean Air Act, 42 U.S.C. §7521, including, but not limited to, the oxygen sensor, catalytic converter, the fuel inlet restrictor; and devices integral to the:

       1. (a) On-board diagnostics system;
       2. (b) Exhaust gas recirculation (EGR) system;
       3. (c) Evaporative emissions control system;
       4. (d) Positive crankcase ventilation (PCV) system;
       5. (e) Air injection system;
       6. (f) Fuel metering system; and
       7. (g) Ignition system.
   12. (12) “Emissions inspection area” means Anne Arundel, Baltimore, Calvert, Carroll, Cecil, Charles, Frederick, Harford, Howard, Montgomery, Prince George's, Queen Anne's, and Washington counties, and Baltimore City.
   13. (13) “Emissions-related recall” means a manufacturer plan to remedy vehicle emissions-related defects or nonconformity with new vehicle emissions standards through either a voluntary emissions recall as defined in 40 CFR §85.1902(d), or a remedial plan determination made pursuant to the Clean Air Act, 42 U.S.C. §7541.
   14. (14) “Emissions-related repair” means the inspection, adjustment, repair, or replacement of motor vehicle engine systems, subsystems, or components necessary to bring a vehicle into compliance with the emissions standards set forth in this chapter.
   15. (15) “Emissions standard” means a requirement that relates to the operation or maintenance of a motor vehicle to ensure continuous emissions reduction.
   16. (16) “Fail certificate” means a certificate which indicates that a vehicle is not in compliance with an emissions inspection standard.
   17. (17) “Fleet inspection station” means an establishment licensed by the Department to perform certain emissions inspections.
   18. (18) “Initial inspection” means the first inspection of a vehicle in an inspection cycle.
   19. (19) “Inspection cycle” means an approximate 2-year period which begins with the date of scheduled inspection.
   20. (20) “Inspector” means a person authorized to perform official vehicle emissions inspections under this chapter.
   21. (21) “Master certified emissions technician” means an individual who meets the provisions of Regulation .18 of this chapter.
   22. (22) “Misfueling” means the introduction of improper fuel into a vehicle as prohibited under the Clean Air Act, 42 U.S.C. §7545.
   23. (23) “Model year” means the vehicle model year as designated by the manufacturer or the model year designated by the Administration for a vehicle constructed by other than the original manufacturer.
   24. (24) “Motor vehicle” has the meaning stated in Transportation Article, §11-135, Annotated Code of Maryland.
   25. (25) "Motorist assistance center” means a resource center operated by the contractor that provides technical emissions-related repair guidance to motorists and vehicle repair technicians.
   26. (26) “On-board diagnostics” means an emissions control diagnostics system installed on a vehicle as required by the Clean Air Act, 42 U.S.C. §7521(m), which identifies deterioration or malfunction of vehicle systems and stores the information for retrieval.
   27. (27) “Pass certificate” means a certificate which indicates that a vehicle is in compliance with all applicable emissions standards.

   28. (28) “Recognized repair technician” means a person who:

       1. (a) Performs vehicle repairs as a profession, or is certified as a master certified emissions technician under this chapter; and
       2. (b) Is employed at a facility whose purpose is vehicle repair.
   29. (29) “Registered gross vehicle weight” means the total vehicle weight including load as designated on the vehicle registration record of the Administration.
   30. (30) “Vehicle” means motor vehicle.
   31. (31) “Vehicle emissions inspection station” means a facility approved by the Administration to conduct emissions inspections pursuant to this chapter.
   32. (32) “Waiver” means a determination made by the Administration or a designee of the Administration that the provisions set forth in Regulation .07 of this chapter have been met.
   33. (33) “Zero-emission vehicle” has the meaning stated in Transportation Article, §23-206.4, Annotated Code of Maryland.

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, and 2-301—2-303;
Transportation Article, §§12-104(b), 23-202(a), 23-206.2, 23-206.4, and 23-207; Annotated Code of Maryland

Effective date: August 17, 1981 (8:16 Md. R. 1366)

Regulations .03B, .05—.09, .11—.16 amended effective September 26, 1983 (10:19 Md. R. 1691)

Regulations .03B, .08C, D, .09C, .15, and .16 amended effective December 5, 1983 (10:24 Md. R. 2190)

Regulations .02, .03, .05, .06, .08, .15, and .16 amended as an emergency provision effective January 25, 1989 (16:3 Md. R. 337) (Emergency provisions are temporary and not printed in COMAR)

Regulations .01—.16 repealed effective June 26, 1989 (16:10 Md. R. 1110)

Annotation: COMAR 11.14.06 cited in Attorney General Opinion No. 83-042 (September 28, 1983)

Chapter recodified from COMAR 11.14.06 to COMAR 11.14.08 and Regulations .01—.21 adopted effective June 26, 1989 (16:10 Md. R. 1110)

Regulation .10B amended effective July 1, 1990 (17:10 Md. R. 1220)

Regulation .16E amended effective January 1, 1992 (18:25 Md. R. 2753)

Regulation .18C amended effective January 1, 1992 (18:25 Md. R. 2753)

Regulations .01—.21 repealed and new Regulations .01—.42 adopted effective January 2, 1995 (21:26 Md. R. 2189)

Regulation .03B amended and C adopted effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .05B amended effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .06D amended effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .09 amended effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .09-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .10B, C amended effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .11-1 adopted effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .12 amended effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .29A amended effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .30D amended effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .32 amended effective December 16, 1996 (23:25 Md. R. 1785)

Regulation .42 amended effective December 16, 1996 (23:25 Md. R. 1785)

Chapter revised effective October 19, 1998 (25:21 Md. R. 1574)

Regulation .03E adopted effective June 10, 2002 (29:11 Md. R. 889)

Regulation .06A amended effective June 10, 2002 (29:11 Md. R. 889)

Regulation .09F amended effective June 10, 2002 (29:11 Md. R. 889)

Regulation .12C amended effective June 10, 2002 (29:11 Md. R. 889)

Regulation .16D amended effective June 10, 2002 (29:11 Md. R. 889)

Chapter revised effective December 14, 2009 (36:25 Md. R. 1955)

Regulation .01B amended effective January 1, 2018 (44:25 Md. R. 1180)

Regulation .03B amended effective January 1, 2018 (44:25 Md. R. 1180)

Regulation .04B amended effective January 1, 2018 (44:25 Md. R. 1180)

Regulation .05B amended effective January 1, 2018 (44:25 Md. R. 1180)

Regulation .09A amended effective January 1, 2018 (44:25 Md. R. 1180)

Chapter revised effective January 23, 2023 (50:1 Md. R. 8)