reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.04 - Hazardous Material Security › Section 29.01.04.05 - Enforcement and Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to any other remedies available by law or in equity, the Department may impose a civil penalty against a person who violates the Hazardous Material Security Act, Title 7, Subtitle 7 of the Annotated Code of Maryland, or COMAR 26.27.01.
B. The civil penalty may not exceed $1,000 per violation.
C. Each day a violation occurs is a separate offense.
D. A civil penalty imposed is payable to the Maryland Community Right-to-Know Fund under COMAR 26.26.01 and collected in a manner provided at law for the collection of debts.
E. The Department may refer debts to the Central Collection Unit of the Department of Budget and Management in accordance with State Finance and Procurement Article, Title 3, Subtitle 3, Annotated Code of Maryland.
F. If a person who is liable to pay a penalty fails to pay after a demand for penalty is made by the Department, the amount, together with any interest and any costs that may accrue, shall be:
(1) A lien in favor of the State on a property, real or personal, of the person; and
(2) Recorded in the office of the clerk of court for the county where the property is located.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.04 - Hazardous Material Security › Section 29.01.04.06 - Appeal Process and Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. After receiving written notice from the Department of the violation and penalty assessed against the facility, a person may submit a written appeal to the Secretary within 30 calendar days from receipt of the written notice of violation.
B. If a person fails to submit a written appeal to the Department within 30 calendar days of receipt of the written notice of violation, the person is deemed to have waived all rights to an appeal and the proposed action and assessed civil penalty shall both become final.
C. If the person timely submits a written appeal to the Secretary, the Secretary will transfer the written appeal to the Office of Administrative Hearings for a hearing in accordance with the Department's administrative hearing regulations under COMAR 29.01.01.01.
D. A hearing before an Administrative Law Judge of the Office of Administrative Hearings shall be conducted in accordance with the following:
(1) Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland;
(2) The Department's administrative hearing regulations under COMAR 29.01.01.01;
(3) The Rules of Procedure of the Office of Administrative Hearings under COMAR 28.02.01; and
(4) This chapter.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.05 - Petition for Declaratory Ruling › Section 29.01.05.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined
(1) "Declaratory ruling" means a ruling made by a promulgating authority with respect to the manner in which the promulgating authority would apply a regulation or order of the promulgating authority, or a statute that the promulgating authority enforces, to a person or a property based on a given set of facts.
(2) "Department" means the Department of State Police.
(3) "Person" means:
(a) An individual receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind;
(b) A partnership, firm, association, corporation, or other entity; and
(c) A political subdivision of the State or an instrumentality of a political subdivision.
(4) "Promulgating authority" means the promulgating authority's designee or an officer or unit of the Department that is authorized by law to adopt regulations subject to State Government Article, §§
										10-101 -10-139, Annotated Code of Maryland, or adjudicate contested cases subject to State Government Article, §§
										10-201 -10-207, Annotated Code of Maryland.
(5) "Secretary " means the Secretary of the Department of State Police.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.05 - Petition for Declaratory Ruling › Section 29.01.05.02 - Who May File

Current through Register Vol. 51, No. 14, July 12, 2024
Any interested person may file a petition for a declaratory ruling with respect to the applicability to any person, property, or state of facts of any regulation promulgated by any unit of the Department, of an order of a unit of the Department, or of any statute enforceable by any unit.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.05 - Petition for Declaratory Ruling › Section 29.01.05.03 - Where to File

Current through Register Vol. 51, No. 14, July 12, 2024
A petition with respect to the applicability of any regulation, order, or statute enforceable by any unit of the Department shall be filed with the Secretary of the Department of State Police for consideration and disposition.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.05 - Petition for Declaratory Ruling › Section 29.01.05.04 - Petition Format

Current through Register Vol. 51, No. 14, July 12, 2024
A. A petition for Declaratory Ruling shall be filed in writing and clearly marked to indicate that it is being filed pursuant to this regulation. It shall describe in detail:
(1) The interest of the petitioner in making the request;
(2) The issues involved;
(3) A statement of the facts;
(4) A list of documents or statements the petitioner believes should be considered; and
(5) A sworn statement by the petitioner that the facts contained in the petition are true to the best of the persons knowledge and belief.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.05 - Petition for Declaratory Ruling › Section 29.01.05.05 - Consideration and Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary shall consider the petition and may, at his discretion, issue the declaratory ruling requested The Secretary may require argument on the petition. Any declaratory ruling issued shall plainly state that it is a declaratory ruling pursuant to this regulation. A written answer from the Secretary or any employee of the Department to an inquiry may not be construed to be a declaratory ruling unless made in conformity with this regulation.
B. As to the petitioner, a declaratory ruling shall be binding upon the Secretary as to any transaction covered thereby entered into before the date of the declaratory ruling, and any transaction entered into in reliance upon the declaratory ruling unless, after the issuance of the declaratory ruling and before any affected transaction, a change in the legal basis of the declaratory ruling is made by statute, regulation, or judicial decision. With prospective effect only, a declaratory ruling may be revoked, altered, or amended by the Secretary, at any time.
C. The Secretary may publish declaratory rulings of general interest, subject to protection of the identity of the petitioner and any confidential information contained in the petition for declaratory ruling.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.01 - Certification of Safety Equipment Repair Orders

Current through Register Vol. 51, No. 14, July 12, 2024
Visual Inspection and Certification of Safety Equipment Repair Orders. In accordance with Transportation Article, §
									23-105, Annotated Code of Maryland, the Automotive Safety Enforcement Division of the Department ofState Police has established the following procedures for visual inspection and certification of certain equipment and mechanism defects on certain types of State-registered motor vehicles or trailers by the State Police and police departments.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.02 - Defects Which May Be Certified by Visual Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following guidelines have been established to provide the owner of any vehicle with a means of having certified by police departments, instead of an authorized inspection station, safety equipment repair orders which contain only the defects or combination of defects listed below:
(1) 54-Windshield wipers;
(2) 55-Headlights, but not for aim;
(3) 56-Taillights;
(4) 57-Horn;
(5) 60-Bumper(s)/rear protector frames;
(6) 61-Glass;
(7) 62-Load cover;
(8) 64-Stoplights;
(9) 65-Tag light(s);
(10) 66-Dash lights;
(11) 68-Rearview mirrors;
(12) 69-Door latch/handle;
(13) 70-Fuel system, cap only;
(14) 71-Turn signals;
(15) 73-Hood/catch(es);
(16) 76-Fender(s) flaps;
(17) 78-Hazard warning lamps;
(18) 79-Parking lamps;
(19) 80-Side marker lamps;
(20) 82-Emergency warning lamps;
(21) 83-Back-up lamps;
(22) 84-Reflectors;
(23) 86-Low air warning device;
(24) 87-Clearance lamps;
(25) 88-Identification lamps.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.03 - State Police Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Visual inspection and certification of the defects shall be conducted at all State Police installations.
B. Due to limited parking and traffic conditions, Barrack M, JFK Highway, is excluded from these procedures.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.04 - Other Police Department Certification

Current through Register Vol. 51, No. 14, July 12, 2024
Visual inspection and certification of the defects will be conducted by all local police departments desiring to participate in the program.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.05 - Defects Other Than Those Listed

Current through Register Vol. 51, No. 14, July 12, 2024
If a repair order contains any of the defects listed above and any other defect, the vehicle owner or agent shall be advised that certification shall be performed by an authorized inspection station for that class of vehicle.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.06 - Inspection and Certification Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
All the inspections and certifications shall be performed at the installation and as follows:
A. State Police Certification.
(1) Certification shall be performed by adequately trained State Police personnel. If any ASED police personnel are at an installation, they will conduct, upon request, the inspections and certifications.
(2) All certifications shall be conducted only during daylight hours. Certifications may not be conducted during inclement weather.
(3) Upon determining that the equipment or mechanism has been repaired and is in compliance with established safety standards, the certification portion of the repair order will be completed as follows:
(a) The signature of the member certifying the repair orders will be entered in the space for the signature of the registered mechanic or police officer;
(b) The date of inspection will be the date of the actual certification and physical inspection;
(c) The name of the inspection station will be Department of State Police;
(d) The station number or agency code will be the location designator assigned to the installation;
(e) The address of the inspection station will be the installation name.
(4) After certification:
(a) The No. 3 (inspection station/police department) copy will be retained by the installation and routinely forwarded to the Automotive Safety Enforcement Division;
(b) The No. 4 (owner/agent) copy will be returned to the vehicle owner or agent for his records;
(c) The No. 5 (State Police Compliance) copy will be returned to the vehicle owner or agent to be forwarded to the Automotive Safety Enforcement Division.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.07 - Defect 54-Windshield Wipers (Not Applicable to Motorcycles or Trailers)

Current through Register Vol. 51, No. 14, July 12, 2024
A. The windshield wipers shall be inspected for:
(1) Operation;
(2) Control;
(3) Condition of blades and arms; and
(4) Any missing part.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.08 - Defects

Current through Register Vol. 51, No. 14, July 12, 2024
A. Defects:
(1) 55-Headlights;
(2) 56-Taillights;
(3) 64-Stoplights;
(4) 65-Tag light(s);
(5) 78-Hazard warning lamps;
(6) 79-Parking lamps;
(7) 80-Side marker lamps;
(8) 82-Emergency warning lamp;
(9) 83-Back-up lamps;
(10) 87-Clearance lamps;
(11) 88-Identification lamps.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.09 - Defect 57-Horn (Not Applicable to Trailers)

Current through Register Vol. 51, No. 14, July 12, 2024
A. The horn shall be inspected for mounting and sound and have a means of sounding which is readily accessible to the operator.
B. Do not certify if the horn:
(1) Is loose;
(2) Fails to function;
(3) Produces a loud or harsh sound;
(4) Is not equipped with an actuating device within arm's reach of the operator.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.10 - Defect 60-Bumpers, Rear Protector Frame (Not Applicable to Motorcycles)

Current through Register Vol. 51, No. 14, July 12, 2024
A. Bumpers shall be inspected for broken or missing parts, abnormal protrusions, and sharp edges or conditions that could be hazardous to persons.
B. The bumpers shall be securely mounted to the vehicle and shall be capable of absorbing a reasonable degree of impact.
C. Bumpers shall be the original equipment or equivalent to it and extend to the extreme sides of the vehicle.
D. Bumper extensions or modifications to compensate for suspension changes are not acceptable on:
(1) Class A passenger vehicles;
(2) Class M multipurpose vehicles;
(3) Mandatory front bumpers of class E 1/2 and 3/4 ton trucks; and
(4) Rear bumpers of class E 1/2 and 3/4 ton trucks, even though rear bumpers are not required on this type of truck.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.11 - Defect 61-Glass (Not Applicable to Trailers)

Current through Register Vol. 51, No. 14, July 12, 2024
A. Vehicle Glazing - Windshield, Side and Rear Windows.
(1) All glazing material shall be checked for the manufacturer's trademark and the words "American Standard" or the letters "AS" followed by a number indicating the positions in the vehicle in which the material may be used. Reference American National Standard for Safety Glazing Materials for Glazing Motor Vehicles and Motor Vehicle Equipment Operating on Land Highways - Safety Standard, Standard ANSI/SAE Z26.1-1996, Approved by American National Standards Institute (August 11, 1997).
(2) All glass used in the windshield shall be marked AS-1, in addition to the trademark or name of the manufacturer. AS-2 glass may be used in any other position on the vehicle other than the windshield. In some earlier models or foreign cars, the windshield marking does not contain the designation AS-1. However, if the windshield glass is approved by the U.S. D.O.T. for highway use, it shall be acceptable under these standards.
(3) Any questions regarding glazing shall be referred to the Automotive Safety Enforcement Division of the Department of State Police.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.12 - Defect 62-Load Cover

Current through Register Vol. 51, No. 14, July 12, 2024
A. Covers shall be inspected for presence, size, condition, and proper mounting.
B. Securement hardware shall be inspected for presence and condition.
C. Do not certify if the cover:
(1) Is missing;
(2) Does not fully cover the top of the vehicle bed;
(3) Contains a hole, rip, tear, or broken mesh which would permit any part of the load to blow, fall, or spill from the bed;
(4) Is not securely attached to the bed.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.13 - Defect 66-Dash Lights (Not Applicable to Trailers)

Current through Register Vol. 51, No. 14, July 12, 2024
A. Dash lights shall be of an approved type and inspected for proper function and illumination of operational instruments.
B. Do not certify if:
(1) Any bulb in a lamp required to be inspected fails to function properly;
(2) There are improperly connected circuits;
(3) The instrument panel is not lighted sufficiently to permit the operator to view the operational instruments of the vehicle.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.14 - Defect 68 - Rearview Mirror (Not Applicable to Trailers)

Current through Register Vol. 51, No. 14, July 12, 2024
A. Mirrors shall be inspected for mounting and providing proper view to the rear.
B. Do not certify if the inside mirror:
(1) Is loosely mounted;
(2) Does not provide a clear view of the highway at least 200 feet to the rear;
(3) Is cracked, broken, has sharp edges, or is clouded to the extent that rear vision is obscured;
(4) Is very difficult to adjust or will not maintain a set adjustment.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.15 - Defect 69-Door Latch and Door Handle (Not Applicable to Motorcycles or Trailers)

Current through Register Vol. 51, No. 14, July 12, 2024
A. A door latch and door handle shall be inspected for:
(1) Operation;
(2) Ability to work freely and cleared of obstruction; and
(3) Ability to hold the door tightly closed.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.16 - Defect 70-Fuel System (Applicable to Fuel Tank Cap Only)

Current through Register Vol. 51, No. 14, July 12, 2024
A. The fuel tank cap shall be inspected for proper fit.
B. Do not certify if the:
(1) Fuel tank cap is not a proper fit; or
(2) Fuel tank cap is missing.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.17 - Defect 71-Turn Signals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Directional signals shall be of an approved type and inspected for functioning, mounting, color, and positioning. This includes motorcycles if equipped with signals. Motorcycles manufactured after January 1973 shall be equipped with turn signals.
B. Do not certify if:
(1) The lamp is not an approved type;
(2) The lamp is not in an approved position (see Regulation .22, diagrams 1-6):
(3) The lamp is not functioning properly;
(4) The lamp is not properly directed;
(5) The lamp is not clearly visible;
(6) The lamp has a cracked or broken lens;
(7) The operating system is not of an approved type;
(8) The operating system is not functioning properly;
(9) A self-cancelling mechanism does not function properly;
(10) A 1962 or newer model is not equipped with approved turn signals.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.18 - Defect 73-Hood and Hood Catches (Not Applicable to Trailers and Motorcycles)

Current through Register Vol. 51, No. 14, July 12, 2024
A. Hood and hood catches shall be inspected for:
(1) Coverage of engine compartment;
(2) Attachment to the vehicle;
(3) Height of air scoop;
(4) Type of latch and keeper; and
(5) Operating condition of same.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.19 - Defect 76-Fenders and Flaps

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fenders shall be securely attached to the vehicle and inspected for:
(1) Tears;
(2) Sharp or jagged edges;
(3) Sufficient coverage of the wheel and tire, both from the body outward and to the front and rear of tires and wheels.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.20 - Defect 84-Reflectors

Current through Register Vol. 51, No. 14, July 12, 2024
A. Every motor vehicle, trailer, and semitrailer shall be equipped on the rear with two or more red reflectors in addition to, or as a part of, the tail lamps. However, motorcycles need only be equipped with one reflector. Buses and trucks, trailers, and semitrailers 80 inches or more in overall width shall also be equipped on each side with two reflectors: one amber at or near the front, and one red at or near the rear. Motor vehicles, trailers, semitrailers, and pole trailers 30 feet or more in overall length shall be equipped on each side with one amber reflector centrally located with respect to the length of the vehicle. Pole trailers shall be equipped with one amber reflector at or near the front of the load.
B. Do not certify if the reflector is missing, broken, or obscured from view.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.21 - Defect 86-Low Air Warning Device

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation is applicable to all vehicles equipped with an air braking system.
B. The warning device, or devices, shall signal low air pressure in the braking system.
C. Do not certify if a warning device fails to function when air pressure falls below 60 psi.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.01 - Vehicle Inspection › Section 29.02.01.22 - Diagrams

Current through Register Vol. 51, No. 14, July 12, 2024
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Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.02 - Motor Vehicle Accident Reports › Section 29.02.02.01 - Copies of Police Investigated Accident Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. In accordance with the provisions of Public Safety Article, §
									2-308, Annotated Code of Maryland, the following procedures will prevail concerning the conditions under which reports of specific motor vehicle accidents may be made available upon request to the public.
B. To allow a reasonable time for reports from the field to be received and processed by the Central Records Division, requests for copies of the reports will not be considered until at least 20 days after the date of the accident. Requests received before this time interval may be returned to the sender.
C. Copies of State Police investigated accident reports may be obtained either through the Central Records Division or reviewed at the installation in the area of the occurrence. To allow a reasonable time for reports to be received and processed, requests for review of the reports at the installation in the area of the occurrence will not be considered until at least 5 days after the date of the accident. Requests received before this time interval will be denied.
D. Requests for copies of accident reports shall be accompanied by a self-addressed stamped envelope along with a nonrefundable check or money order in the amount of $4 for conducting each document search being requested, payable to the Maryland State Police. Any check or money order received by the Maryland State Police that is not for the exact amount of the transaction, or a check or money order that is made payable to an agency other than the Maryland State Police will be returned.
E. The following information shall be furnished on all requests:
(1) Exact date of the accident;
(2) Driver's name (exact spelling);
(3) If a fatal accident, deceased's name (exact spelling);
(4) Pedestrian or bicyclist's name;
(5) County;
(6) Route number; and
(7) Date of accident and MAARS report number, if known.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.03 - Commercial Vehicle Enforcement Division › Section 29.02.03.01 - Law Enforcement Weighing of Vehicles

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application. This regulation governs the method for obtaining various weights of vehicles, as required by the Transportation Article, Annotated Code of Maryland, and as accomplished by law enforcement officers in the State, when using wheel load weighers, axle-load scales, and vehicle scales.
B. Definitions.
(1) "Axle-load scale" means a scale, permanently installed in a fixed location, having a load-receiving element specially adapted to determining the combined weight of all wheels of a vehicle on:
(a) A single axle; or
(b) A group of consecutive axles.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 02 - MOTOR VEHICLES › Chapter 29.02.04 - Diesel Vehicle Emissions Control Program › Section 29.02.04.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
The regulations found in COMAR 11.21.02 have been jointly adopted by the Department of State Police, the Department of the Environment, and the Department of Transportation, and will not be duplicated in Title 29. These regulations should be cited under COMAR 11.21.02.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 03 - WEAPONS REGULATIONS › Chapter 29.03.01 - Regulated Firearms › Section 29.03.01.02 - Generally

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter restricts the sale, rental, transfer, purchase, receipt, possession, and transport of regulated firearms and assault weapons in the State.
B. A dealer or other person may not:
(1) Sell, rent, transfer, purchase, receive, or possess a regulated firearm in violation of this chapter;
(2) Participate in a straw purchase in violation of this chapter;
(3) Transport a regulated firearm into the State for the purpose of unlawfully selling or trafficking the regulated firearm; or
(4) Obliterate, remove, change, or alter the manufacturer's identification mark or number on a firearm.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 03 - WEAPONS REGULATIONS › Chapter 29.03.01 - Regulated Firearms › Section 29.03.01.03 - Possession

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not possess a regulated firearm if the person:
(1) Is a habitual drunkard;
(2) Is addicted to or a habitual user of a controlled dangerous substance;
(3) Is a fugitive from justice;
(4) Has been convicted of:
(a) A crime of violence;
(b) Any violation classified as a felony in this State;
(c) Any violation classified as a misdemeanor in this State that carries a statutory penalty of more than 2 years; or
(d) Any violation classified as a common law offense where the person received a term of imprisonment of more than 2 years; or
(5) Has received probation before judgment for a crime of violence, except for assault in the second degree or a case in which a person received probation before judgment for a disqualifying crime and that crime was expunged under Criminal Procedure Article, Title 10, Subtitle 1, Annotated Code of Maryland;
(6) Has received probation before judgment for a domestically related crime, as defined in Criminal Procedure Article, §
										6-233, Annotated Code of Maryland, except when the crime was expunged under Criminal Procedure Article, Title 10, Subtitle 1, Annotated Code of Maryland;
(7) Has been found not criminally responsible under Criminal Procedure Article, §
										3-110, Annotated Code of Maryland;
(8) Has been found incompetent to stand trial under Criminal Procedure Article, §
										3-106, Annotated Code of Maryland;
(9) Has a mental health disorder and a history of violent behavior;
(10) Has been voluntarily admitted for more than 30 consecutive days to a mental health facility;
(11) Has been involuntarily admitted to a mental health facility;
(12) Is under the protection of a guardian appointed by a court under Estates of Trusts Article, §13-201(c) or 13-705, Annotated Code of Maryland, unless the appointment of the guardian was solely a result of a physical disability;
(13) Is a respondent against whom a current non ex parte civil protection order has been entered under Family Law Article, §
										4-506, Annotated Code of Maryland;
(14) Is a respondent against whom an order for protection, as defined in Family Law Article, §
										4-508.1, Annotated Code of Maryland, has been issued by a court of another state or a Native American tribe and is in effect;
(15) Is younger than 30 years old and has been adjudicated delinquent by a juvenile court for committing an act that would be:
(a) A crime of violence if committed by an adult;
(b) A violation classified as a felony in this State if committed by an adult; or
(c) A violation classified as a misdemeanor in this State that carries a statutory penalty of more than two years if committed by an adult; or
(16) Is prohibited from otherwise possessing a firearm by federal or State law.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 03 - WEAPONS REGULATIONS › Chapter 29.03.01 - Regulated Firearms › Section 29.03.01.04 - Lost or Stolen Firearms

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a regulated firearm is lost or stolen, the owner of the firearm shall report the loss or theft to the local law enforcement agency within 72 hours after the owner first discovers the loss or theft.
B. On receipt of a report of a lost or stolen regulated firearm, a local law enforcement agency shall report to the Secretary and enter into the National Crime Information Center database, as prescribed by the Secretary and to the extent known, the caliber, make, model, manufacturer, and serial number of the firearm and any other distinguishing number or identification mark on the regulated firearm.
C. A dealer or any other person who sells or transfers a regulated firearm shall notify the purchaser or recipient of that regulated firearm at the time of the purchase or transfer that the purchaser or recipient is required to report a lost or stolen regulated firearm to the local law enforcement agency within 72 hours after discovery of the loss or theft.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 03 - WEAPONS REGULATIONS › Chapter 29.03.01 - Regulated Firearms › Section 29.03.01.05 - New Residents of the State

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who moves into the State with the intent of becoming a resident shall register all regulated firearms within 90 days after establishing residency by submitting a registration application in the format prescribed by the Secretary. This regulation does not apply to a person who became a resident of the State prior to October 1, 2013.
B. The registration application shall include:
(1) The applicant's name, address, driver's license or photographic identification soundex number, place and date of birth, height, weight, race, sex, eye and hair color, occupation, and home and work telephone numbers; and
(2) The make, caliber, model, type, finish, barrel length, serial number, country of origin, and date of manufacture of each regulated firearm.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 03 - WEAPONS REGULATIONS › Chapter 29.03.01 - Regulated Firearms › Section 29.03.01.06 - Ammunition

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not possess ammunition if the person is prohibited from possessing a regulated firearm under Regulation .03A of this chapter or Public Safety Article, §
									5-133(b)  -(c), Annotated Code of Maryland.
B. A person who violates this section may be punished by imprisonment for a period of not more than one year, or a fine of not more than $1,000, or both.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 03 - WEAPONS REGULATIONS › Chapter 29.03.01 - Regulated Firearms › Section 29.03.01.07 - Magazine Capacity

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this regulation, a person may not manufacture, sell, offer for sale, purchase, receive, or transfer a detachable magazine that has a capacity of more than ten rounds of ammunition for a firearm.
B. This section does not apply to:
(1) A .22 caliber rifle with a tubular magazine;
(2) A law enforcement officer or a person who retired in good standing from service with a law enforcement agency of the United States, the State, or a law enforcement agency in the State; or
(3) An exemption listed in Regulation .02D of this chapter.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 03 - WEAPONS REGULATIONS › Chapter 29.03.01 - Regulated Firearms › Section 29.03.01.08 - Straw Purchases

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not knowingly or willfully participate in a straw purchase of a regulated firearm.
B. A person may not complete an application to purchase or transfer a regulated firearm with the intent to sell, rent, loan, or transfer that regulated firearm to another individual.
C. A person may not use another person to purchase or receive a regulated firearm.
D. A person may not transport a regulated firearm into the State with the intent to illegally sell, rent, or transfer the regulated firearm.
E. A dealer or person may not sell, rent, or transfer a regulated firearm to a person whom the dealer or person knows or has reasonable cause to believe is a participant in a straw purchase.
F. This regulation does not apply to a person purchasing a regulated firearm as a gift pursuant to Regulation .09 of this chapter.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 03 - WEAPONS REGULATIONS › Chapter 29.03.01 - Regulated Firearms › Section 29.03.01.09 - Gifts

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person does not participate in a straw purchase in violation of Regulation .08 of this chapter when purchasing a regulated firearm as a gift if:
(1) The recipient of the gift is a resident of the State;
(2) The recipient of the gift is not prohibited from purchasing or possessing a regulated firearm by State or federal law; and
(3) Except to the extent provided in §§B and C of this regulation, both the purchaser and the recipient of the gift shall comply with the provisions of this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland, pertaining to the possession, sale, rental, transfer, purchase, or receipt of a regulated firearm.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 03 - WEAPONS REGULATIONS › Chapter 29.03.01 - Regulated Firearms › Section 29.03.01.10 - Inheritance

Current through Register Vol. 51, No. 14, July 12, 2024
A. For the transfer or receipt of a regulated firearm by inheritance, the recipient shall submit a completed firearm application to the Secretary in the prescribed format.
B. For the transfer of a regulated firearm by inheritance to a recipient who is younger than 21 years old:
(1) The title of the firearm may be transferred to the recipient;
(2) The estate shall retain possession of the firearm until the recipient is 21 years old; and
(3) On receipt of the firearm, the recipient shall comply with the provisions of this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 03 - WEAPONS REGULATIONS › Chapter 29.03.01 - Regulated Firearms › Section 29.03.01.11 - Secondary Sales

Current through Register Vol. 51, No. 14, July 12, 2024
A. A secondary sale is a transaction in which neither party is a dealer or involved in the dealing or repairing of firearms as a regular course of trade or business.
B. A person may not sell, rent, or transfer a regulated firearm to:
(1) An applicant whose firearm application is disapproved or is placed on hold because of an open disposition of criminal proceedings against the firearm applicant, unless the disapproval or hold is subsequently withdrawn by the Secretary or overruled by a court;
(2) A purchaser, lessee, or transferee who the person knows or has reasonable cause to believe is prohibited from possessing a regulated firearm under Regulation .03 of this chapter; or
(3) A purchaser, lessee, or transferee who is visibly under the influence of alcohol or drugs.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 03 - WEAPONS REGULATIONS › Chapter 29.03.01 - Regulated Firearms › Section 29.03.01.12 - Reports of Sales

Current through Register Vol. 51, No. 14, July 12, 2024
A. Sales, Rentals, and Transfers.
(1) A sale, rental, or transfer of a regulated firearm shall be reported to the Firearms Registration Section within 7 days after the completed sale.
(2) A dealer or person who sells, rents, or transfers a regulated firearm shall submit notification of the completed transaction to the Firearms Registration Section in the manner prescribed by the Secretary.
(3) The notification shall contain an identifying description of the regulated firearm, including its caliber, make, model, manufacturer's serial number, and any other special or peculiar characteristic or marking by which the firearm may be identified.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 03 - WEAPONS REGULATIONS › Chapter 29.03.01 - Regulated Firearms › Section 29.03.01.13 - Sale or Transfer After Seven-Day Waiting Period

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a dealer or person does not receive notification of disapproval or a hold for an open disposition of a criminal proceeding within the 7-day waiting period after submission of the regulated firearm application, then the dealer or person may sell, rent, or transfer the regulated firearm in accordance with all other applicable provisions of this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland.
B. The dealer or person shall submit the firearm application at the time that the purchase or transfer is completed and shall include a notation that the firearm was purchased or transferred before the application was marked as not disapproved.
C. Upon receiving a firearm application that contains a notation that the firearm was purchased or transferred before the application was marked as not disapproved, the Secretary shall:
(1) If the application is not disapproved after the investigation under Regulation .18 of this chapter, mark the application as not disapproved and notify the dealer or person.
(2) If the application is disapproved after the investigation under Regulation .18 of this chapter, mark the application as disapproved, notify the dealer or person, and notify the applicant.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 03 - WEAPONS REGULATIONS › Chapter 29.03.01 - Regulated Firearms › Section 29.03.01.14 - Sales to Minors

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not sell, rent, or transfer a firearm, a regulated firearm, ammunition, pepper mace, or other deadly weapon to a minor.
B. A person may not sell, rent, or transfer a regulated firearm to a person who is younger than 21 years old.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 03 - WEAPONS REGULATIONS › Chapter 29.03.01 - Regulated Firearms › Section 29.03.01.15 - Out-of-State Purchases

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who purchases a regulated firearm from an out-of-State, federally-licensed importer, manufacturer, or dealer shall have the out-of-State importer, manufacturer, or dealer ship the regulated firearm to a dealer in this State for processing.
B. A purchase pursuant to this regulation shall comply with the provisions of this chapter and Public Safety Article, Title 5, Subtitle 1, Annotated Code of Maryland.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 03 - WEAPONS REGULATIONS › Chapter 29.03.01 - Regulated Firearms › Section 29.03.01.16 - Regulated Firearm Application - Generally

Current through Register Vol. 51, No. 14, July 12, 2024
A. A regulated firearm application is required to purchase, rent, or transfer a regulated firearm.
B. The regulated firearm application shall be submitted in the format prescribed by the Secretary.
C. The regulated firearm application shall include:
(1) The applicant's name, address, driver's license or photographic identification soundex number, place and date of birth, height, weight, race, sex, eye and hair color, occupation, and home and work telephone numbers;
(2) The dealer's name, address, telephone number, and identification number, and the salesperson's name;
(3) The seller's name, address, driver's license or photographic identification soundex number, Social Security number, date of birth, race, sex, and home and work telephone numbers;
(4) The make, caliber, model, type, finish, barrel length, serial number, country of origin, and date of manufacture of the regulated firearm;
(5) Whether the firearm is new or used;
(6) For a handgun manufactured after January 1, 1985, whether it is listed on the handgun roster;
(7) For a handgun manufactured on or before December 31, 2002, whether it was sold, offered for sale, rented, or transferred with an external safety lock;
(8) For a handgun manufactured on or after January 1, 2003, whether it is equipped with an approved integrated mechanical safety device;
(9) For a handgun, including a replacement handgun as described under 27 CFR § 178.147, which was shipped or transported by a manufacturer on or after October 1, 2000 and has not been sold, rented, or transferred to a person not licensed as a dealer, a statement by the dealer as to:
(a) The date of manufacture;
(b) The name of the manufacturer;
(c) The federal firearms license number of the manufacturer; and
(d) Whether a shell casing was included in the box with the handgun; and
(10) Authorization by the applicant to the Department of Health and Mental Hygiene, or any other similar agency or department of another state, to disclose to the Department of State Police information as to whether the applicant:
(a) Suffers from a mental disorder and has a history of violent behavior;
(b) Has been voluntarily admitted for more than 30 consecutive days to a mental health facility or an institution that provides treatment or services for individuals with mental disorders; or
(c) Has been involuntarily committed to a mental health facility or an institution that provides treatment or services for individuals with mental disorders; and
(11) A declaration by the applicant, under the penalty of perjury, that the applicant is not prohibited under federal or State law from possessing a handgun;
(12) A declaration by the applicant, under penalty of perjury, that the applicant is not participating in a straw purchase; and
(13) A declaration by the applicant, under the penalty of perjury, that all information in the application is true and accurate.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 03 - WEAPONS REGULATIONS › Chapter 29.03.01 - Regulated Firearms › Section 29.03.01.17 - Regulated Firearm Application - False or Omitted Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any false information supplied or statement made in the application is a crime which may be punished by imprisonment for a period of not more than 3 years, or a fine of not more than $5,000, or both.
B. An applicant shall not provide false information on a regulated firearm application, or omit significant information on the application, or cause false information to be given in connection with the verification investigation.
C. Any knowing material omission or false statement may be considered grounds for disapproval of an application or for criminal prosecution.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 03 - WEAPONS REGULATIONS › Chapter 29.03.01 - Regulated Firearms › Section 29.03.01.18 - Regulated Firearm Application - Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt of a properly completed application, the Secretary shall conduct an investigation of the applicant for the purpose of determining whether the applicant may purchase or receive a regulated firearm and whether the information and statements on the application are true and accurate.
B. In conducting the investigation, the Secretary may request the assistance of the Police Commissioner of Baltimore City, the chief of police in any county maintaining a police force, or the sheriff in any county not maintaining a police force.
C. Information discovered during the investigation may be used against an applicant who has provided false or misleading information or has omitted information on the application.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 03 - WEAPONS REGULATIONS › Chapter 29.03.01 - Regulated Firearms › Section 29.03.01.19 - Regulated Firearm Application - Expiration

Current through Register Vol. 51, No. 14, July 12, 2024
A. A firearm application expires 90 days after the application is marked by the Secretary as not disapproved.
B. A dealer or person shall complete the sale, rental, or transfer of a regulated firearm before the application expires.
C. After the expiration of the 90-day limit, the application is void and the dealer or person shall return the application to the Firearms Registration Section within 7 days, in the manner prescribed by the Secretary.
D. The Secretary shall void a firearm application that is returned as an incomplete sale, rental, or transfer.
E. After the expiration of the 90-day limit, the prospective purchaser may submit another regulated firearm application.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 03 - WEAPONS REGULATIONS › Chapter 29.03.01 - Regulated Firearms › Section 29.03.01.20 - Regulated Firearm Application - Disapproval

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Secretary disapproves a regulated firearm application, the Secretary shall provide written notice of the disapproval to the dealer or prospective seller, lessor, or transferor within seven days after receiving a properly completed application. The written notice shall contain the reasons the application was disapproved.
B. After providing written notice to the dealer or prospective seller, lessor, or transferor, the Secretary shall provide written notice of the disapproval to the applying purchaser, lessee, or transferee. The written notice shall contain the reasons the application was disapproved and a statement of the applicant's appeal rights.