Md. Code Regs. 26.11.34.03

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.11.34.03 - Applicability and Exemptions

A. Applicability.

(1) Except as provided in §B of this regulation, this chapter applies to all new 2011 and subsequent model year passenger cars, light-duty trucks, and medium-duty vehicles subject to the California Standards that are transferred in Maryland.

(2) For all requirements of the California Standards except those relating to greenhouse gases, applicability includes all medium-duty vehicles having a gross vehicle weight rating of 14,000 pounds or less.

(3) For the greenhouse gas requirements of the California Standards, applicability includes medium-duty vehicles only to the extent that they are medium-duty passenger vehicles.

(4) For purposes of this chapter, it is conclusively presumed that the equitable or legal title to any motor vehicle with an odometer reading of 7,500 miles or more has been transferred to an ultimate purchaser and that the equitable or legal title to any motor vehicle with an odometer reading of less than 7,500 miles has not been transferred to an ultimate purchaser.

B. Exemptions. This chapter does not apply to the following vehicles:

(1) A vehicle transferred by inheritance;

(2) A vehicle transferred by decree of divorce, dissolution, or legal separation entered by a court of competent jurisdiction;

(3) Previously registered vehicles where:

(a) The mileage at the time of sale exceeds 7,500 miles; and

(b) For vehicle dealers, the mileage at the time of sale is determined by the odometer statement at the time the vehicle dealer acquired the vehicle;

(4) A vehicle purchased by a nonresident prior to establishing residency in Maryland;

(5) A vehicle sold for the purpose of being wrecked or dismantled;

(6) A vehicle sold directly from one licensed dealer to another licensed dealer;

(7) A vehicle sold for registration out-of-State;

(8) A vehicle sold and designed exclusively for off-highway use;

(9) A vehicle that has been certified to standards promulgated pursuant to the authority contained in 42 U.S.C. 7521 and which is in the possession of a rental agency in Maryland as a result of a rental that was initiated in a state other than Maryland;

(10) An emergency vehicle;

(11) A military tactical vehicle;

(12) A vehicle exempted by California Health and Safety Code, § 43656;

(13) A vehicle acquired by a resident of Maryland for the purpose of replacing a vehicle registered to the resident that was damaged or became inoperative beyond reasonable repair or was stolen while out of this State, if the replacement vehicle was acquired out of State at the time the previously owned vehicle was either damaged or became inoperative or was stolen; and

(14) A vehicle designated as exempt by the Administration.

Md. Code Regs. 26.11.34.03