Md. Code Regs. 26.11.34.14

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.11.34.14 - Enforcement

A. Inspections.

(1) The Department, the Administration, or their agents have the right to conduct inspections and surveillance of new and used motor vehicles for the purposes of determining compliance with the requirements of this chapter.

(2) The inspections authorized under §A(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 emissions-related parts 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 regulation shall be considered a violation of this chapter.

B. Functional, Steady-State, and Other Tests.

(1) The Department, or its agents, may perform functional tests, steady-state tests, and other tests as reasonably necessary.

(2) In addition to all other compliance procedures defined in the California Standards, emission test standards defined in the California Assembly Line and In-Use Requirements may be used by the Department to verify compliance with the requirements of this chapter.

C. Vehicle Recalls.

(1) Except as allowed in §C(3) of this regulation, any order or enforcement action taken by CARB to correct noncompliance with any requirement of the California Standards and which results in the recall of any vehicle pursuant to the California Recall Requirements shall be applicable to all vehicles subject to this chapter.

(2) Except as allowed in §C(3) of this regulation, any voluntary or influenced emissions-related recall campaign initiated by any manufacturer pursuant to the California Recall Requirements shall extend to all applicable vehicles subject to this chapter.

(3) The Department may exempt Maryland vehicles from the provisions of §C(1) or (2) of this regulation if a vehicle manufacturer demonstrates to the Department's satisfaction within 21 days of CARB approval of a recall campaign, that the campaign is not applicable to vehicles delivered for sale in Maryland.

D. The Department shall enforce the requirements of this chapter in accordance with the requirements defined in the California Standards and applicable federal and Maryland law.

E. Failure to submit any of the required reports, test data, inspection data, or any other information requested in this chapter shall be considered a violation and is subject to the sanctions set forth in Environment Article, Title 2, Annotated Code of Maryland. Each day of violation is a separate violation.

F. A person who violates any provision of this chapter is subject to the sanctions set forth in Environment Article, Title 2, Annotated Code of Maryland. Each non-compliant vehicle is a separate violation.

Md. Code Regs. 26.11.34.14