Md. Code Regs. 20.95.01.11

Current through Register Vol. 51, No. 7, April 5, 2024

Section 20.95.01.11 - Required Equipment, and Minimum Safety Standards

A. A motor vehicle, including a leased or reserved motor vehicle, used by a carrier or Transportation Network Operator shall:

(1) Comply with Transportation Article, Title 22, Annotated Code of Maryland, relating to required equipment on motor vehicles;

(2) Comply with 49 CFR 393, as amended, which is incorporated by reference, relating to required equipment on motor vehicles operated in Maryland;

(3) Be equipped with:

(a) Except for a vehicle with a manufacturer's rated seating capacity of eight or fewer passengers, a light or lights within the motor vehicle arranged to illuminate the entire interior except for the area occupied by the driver, and

(b) A heating system, and an air conditioning system if the air conditioning system was originally installed by the vehicle manufacturer;

(4) Be identified by a distinctive number, and have the name, trade name, or company logo conspicuously displayed, unless waived by the Transportation Division of the Commission or, if the vehicle is a Transportation Network Operator Vehicle, be identified by a removable insignia as specified in Regulation .24 of this chapter, and in the Transportation Network Company's digital platform by providing the Transportation Network Operator Vehicle license plate number and a picture of the Transportation Network Operator, and

(5) Be kept clean and sanitary.

(6) After July 1, 2018, not exceed more than 12 model years of age, unless the vehicle has an existing Commission permit, and proof of semi-annual safety inspections, conforming to the requirements of §B(2) of this regulation is submitted to the Commission, or the vehicle is a historic motor vehicle as defined in Transportation Article, § 13-936, Annotated Code of Maryland, or the vehicle exceeds 10,000 pounds Gross Vehicle Weight Rating.

B. After July 1, 2022, an owner, Transportation Network Operator, or Transportation Network Company, upon application for a vehicle permit and annually thereafter, shall self-certify the vehicle is not subject to any open safety recalls issued by a vehicle manufacturer and posted online by the National Highway Traffic Safety Administration (NHTSA) under 49 U.S.C. § 30118.

C. Upon self-certification, the owner, Transportation Network Operator, or Transportation Network Company may not operate or permit the operation of a motor vehicle for hire with any open vehicle safety recalls as of the date of self-certification, except if, due to the unavailability of parts to comply with the manufacturer's safety recall, the owner or Transportation Network Operator cannot comply with the recall.

D. Any recall that qualifies for this exemption shall be remedied as soon as practicable, after parts become available, and not to exceed 90 days from the availability of the parts.

E. Self certification for vehicle safety recall compliance, in a form approved by the Commission, is the responsibility of the owner, Transportation Network Operator, or Transportation Network Company.

F. Inspection.

(1) Except for vehicles over 10,000 pounds Gross Vehicle Weight Rating (GVWR) or vehicles that exceed more than 10 model years of age, an owner of a motor vehicle or a Transportation Network Operator shall provide an inspection certificate as part of the application for vehicle permit and annually thereafter. The annual inspection certificate shall be dated no later than the annual anniversary of the date the vehicle permit was issued, or as otherwise directed by the Commission.

(2) For vehicles under 10,000 pounds Gross Vehicle Weight Rating (GVWR) that exceed more than 10 model years of age, an owner of a motor vehicle or a Transportation Network Operator shall provide an inspection certificate on a semi-annual basis.

(3) For new vehicles not previously registered with less than 7,500 miles, a copy of the bill of sale and a copy of the certificate of origin may be substituted for the required inspection.

(4) Upon presenting proper identification, the Commission or its representative may enter a motor vehicle for the purpose of inspecting the vehicle, vehicle equipment, or records of the carrier.

(5) A representative of the Commission, after inspection and a determination that a motor vehicle does not comply with the requirements of this chapter, may require:

(a) The repair or replacement of the motor vehicle;

(b) That the motor vehicle be removed from service pending the repair or replacement; and

(c) That a Transportation Network Operator or an owner of a motor vehicle, which has been removed from service for repair, provide evidence of the repair.

(6) The Commission may require an owner of a motor vehicle, a Transportation Network Operator, or a Transportation Network Company on behalf of a Transportation Network Operator, to provide a valid inspection certificate to verify the inspection required under this section.

(7) Upon receipt of a customer complaint, the Commission may order a motor carrier, or vehicle operator, including a Transportation Network Operator, to present the subject vehicle for inspection by a Commission representative. In the alternative, if the complaint alleges a safety issue that is addressed by the annual safety inspection, the Commission may require the motor carrier, operator, or Transportation Network Operator to have the vehicle inspected in a licensed facility conforming to the requirements of §B(1) or (2) of this regulation, and provide an inspection certificate to the Commission.

(8) At the direction of the Commission, an owner of a motor vehicle over 10,000 pounds Gross Vehicle Weight Rating (GVWR) shall present the motor vehicle for inspection by a Commission representative.

Md. Code Regs. 20.95.01.11

Regulations .11 adopted effective June 7, 1993 (20:11 Md. R. 916)
Regulation .11 amended as an emergency provision effective June 15, 2001 (28:15 Md. R. 1395)
Regulation .11A amended effective March 26, 2007 (34:6 Md. R. 629)
Regulation .11B amended effective December 24, 2001 (28:25 Md. R. 2194); amended effective 43:6 Md. R. 411, eff.3/28/2016; amended effective 45:4 Md. R. 207, eff. 2/26/2018; amended effective 49:3 Md. R.139, eff. 2/7/2022