2013 Maryland Code
TRANSPORTATION
§ 13-402 - Vehicles subject to registration; exceptions


MD Transp Code § 13-402 (2013) What's This?

§13-402.

(a) (1) Except as otherwise provided in this section or elsewhere in the Maryland Vehicle Law, each motor vehicle, trailer, semitrailer, and pole trailer driven on a highway shall be registered under this subtitle.

(2) If a motor vehicle required to be registered under this subtitle is not registered, a person may not park the unregistered motor vehicle on any:

(i) Public alley, street, or highway; or

(ii) Private property used by the public in general, including parking lots of shopping centers, condominiums, apartments, or town house developments.

(3) The provisions of paragraph (2) of this subsection do not apply to a motor vehicle that is exempt from registration under this section or § 13-402.1 of this subtitle.

(b) Except as otherwise expressly authorized in this title, the Administration may not register or renew the registration of a vehicle unless the Administration has issued to the owner a certificate of title of the vehicle or has received an application for the certificate of title.

(c) Registration under this subtitle is not required for:

(1) A vehicle that is driven on a highway:

(i) In conformity with the provisions of this title relating to manufacturers, transporters, dealers, secured parties, owners or operators of special mobile equipment, or nonresidents; or

(ii) Under a temporary registration card issued by the Administration;

(2) A vehicle owned and used by the United States, unless an authorized officer or employee of the United States requests registration of the vehicle;

(3) A farm tractor or any farm equipment;

(4) A vehicle the front or rear wheels of which are lifted from the highway;

(5) A towed vehicle that is attached to the towing vehicle by a tow bar and for which no driver is necessary;

(6) A vehicle owned by and in the possession of a licensed dealer for purpose of sale;

(7) A vehicle owned by a new resident of this State during the first 60 days of residency provided the vehicle displays valid registration issued by the jurisdiction of the resident’s former domicile;

(8) New vehicles being operated as part of a shuttle, as defined in § 13-626 of this title, while following a registered vehicle displaying a shuttle permit issued by the Administration;

(9) A vehicle operated in connection with maritime commerce exclusively within any terminal owned or leased by the Maryland Port Administration;

(10) A snowmobile that is operated on highways and roadways as prescribed by § 25-102(a)(14) of this article;

(11) A golf cart that is operated on a highway on Smith Island, provided that the golf cart is equipped with lighting devices as required by the Administration if it is operated on a highway between dusk and dawn;

(12) A golf cart that is operated on an Allegany County highway as allowed by the county under § 25-102(a)(16) of this article; or

(13) A vehicle owned by an accredited consular or diplomatic officer of a foreign government and operated for official or personal purposes when the vehicle displays a valid diplomatic license plate issued by the United States government.

(d) (1) If a motor vehicle, trailer, or semitrailer is registered in another state, displays current registration plates issued for it by that state, and is brought into this State by a nonresident for transporting seasonal farm workers to be employed on farms in this State or for work incidental to seasonal crop operations on farms in this State, the vehicle need not be registered in this State if:

(i) The vehicle is being used as an incidental part of harvesting operations within a distance of not more than 35 miles from the source of the crop; and

(ii) The owner of the vehicle has obtained an exemption permit for the vehicle, as provided in this subsection.

(2) When the Administration receives a certification by the Secretary of State Police that a vehicle is entitled to an exemption under this subsection, the Administration shall issue an exemption permit on the form the Secretary of State Police approves. The form shall be carried at all times by the driver of the vehicle for which it is issued or in a conspicuous place on the vehicle.

(3) The exemption permit is:

(i) Valid for a period of 90 days from the date of issue; and

(ii) Eligible for renewal under the procedure set forth in this subsection for an additional period of not more than 90 days in any 1 calendar year.

(4) The Secretary of State Police:

(i) May require a certificate of inspection of the equipment of the vehicle; and

(ii) Shall require a certificate of insurance by a company authorized to do business in this State, certifying that the vehicle is insured to the same extent as required of vehicles registered in this State.

(e) Except for members elected from this State, if a member of the United States Congress resides in this State during his term of office in the Congress, he need not register his vehicles in this State during that time.

(f) A trailer or semitrailer operated in intrastate service need not be registered in this State if:

(1) It is registered in another state;

(2) The truck tractor or other vehicle that is towing it is registered in this State; and

(3) The registered owner of the truck tractor or other towing vehicle has at least one trailer or semitrailer registered in this State for each truck tractor also registered in this State.

(g) (1) A trailer or semitrailer rented or leased in intrastate service need not be registered in this State if, subject to paragraph (2) of this subsection:

(i) The trailer or semitrailer has a chassis weight of 1,000 pounds or less;

(ii) The trailer or semitrailer is registered in another state; and

(iii) The owner of the trailer or semitrailer annually has registered in this State a number of these trailers and semitrailers that is at least equal to the average number of these trailers and semitrailers that the owner annually will have available in this State for rent or lease in intrastate service.

(2) If a person claims exemption for a trailer or semitrailer under this subsection, the person shall file annually with the Administration, at the time and in the manner that the Administration requires, an affidavit that sets forth, as to all such trailers and semitrailers that the person has available in all states for rent or lease:

(i) The total number annually registered in all states;

(ii) The total number annually registered in this State; and

(iii) The average total number annually available for rent or lease in this State.

(h) (1) A motor vehicle rented in intrastate service need not be registered in this State if, subject to paragraph (3) of this subsection:

(i) The motor vehicle is registered in another state; and

(ii) The owner of the motor vehicle annually has registered in this State a percentage of the total number of these motor vehicles in a rental fleet as determined under paragraph (2) of this subsection.

(2) The percentage of the total number of motor vehicles in a rental fleet that must be registered in this State is determined by dividing the gross revenue received in the preceding year for the use of such rental vehicles arising from all motor vehicle rental transactions occurring in this State by the total gross revenue received in the preceding year for the use of such rental vehicles arising from all motor vehicle rental transactions occurring in all jurisdictions in which the rental fleet is operated. The resulting percentage shall be applied to the total number of motor vehicles in the rental fleet and that figure, to the nearest whole number, shall be the number of rental motor vehicles that shall be fully registered and titled in this State.

(3) If a person claims exemption for a motor vehicle under this subsection, the person shall file annually with the Administration, at the time and in the manner that the Administration requires, an affidavit that sets forth, as to all such motor vehicles that the person has available in all states for rent:

(i) The gross revenue received in the preceding year for the use of such rental motor vehicles arising from all motor vehicle rental transactions occurring in Maryland; and

(ii) The total gross revenue received in the preceding year for the use of such rental motor vehicles arising from all motor vehicle rental transactions occurring in all jurisdictions.

(4) A person who rents to another person a motor vehicle or attempts to rent to another person a motor vehicle in this State in violation of any of the provisions of this section is guilty of a misdemeanor.

(i) A person who drives or attempts to drive a vehicle on any highway in this State in violation of any of the provisions of this section is guilty of a misdemeanor.

§ 13-402 - 1. Certain vehicles of nonresidents not subject to registration

(a) In general. -- A nonresident may drive or permit the driving of a foreign vehicle in this State, without registering the vehicle in this State, if:

(1) At all times while driven in this State, the vehicle:

(i) Is registered in and displays current registration plates issued for it in the owner's place of residence; and

(ii) Carries as provided in § 13-409(a) of this subtitle, a current registration card issued for it in the owner's place of residence; and

(2) Except as otherwise provided in this section or under an agreement in compliance with Title 12, Subtitle 4 of this article, the vehicle is not:

(i) Used for transporting persons for hire, compensation, or profit;

(ii) Regularly operated in carrying on business in this State;

(iii) Designed, used, or maintained primarily for the transportation of property; or

(iv) In the custody of any resident for more than 30 days during any registration year.

(b) Complimentary guest cards. -- With the approval of the Governor, the Administration may permit a foreign vehicle to be driven in this State by:

(1) Issuing complimentary guest cards, permits, or licenses to persons visiting this State from any foreign country; or

(2) Recognizing and permitting the use of guest cards, permits, or licenses granted by other states.

(c) Vehicles of members of armed forces. -- If a nonresident is a member of the armed forces of the United States or of the United States Public Health Service and is serving on active duty in this State or an adjoining state or the District of Columbia, the nonresident need not register his personal passenger vehicles in this State if the vehicles are registered in the state of his residence.

(d) Vehicles of nonresident students. -- If a nonresident is a student enrolled in an accredited school, college, or university of this State or of a bordering state or is serving a medical internship in this State, the nonresident need not register his vehicles in this State if:

(1) The state of which the nonresident is a resident extends the same privileges to the residents of this State; and

(2) The nonresident meets the required security provisions of the Maryland Vehicle Law as to any vehicle to which this exemption applies.

(e) Nonresident's permit. --

(1) Except as provided in paragraphs (2) and (3) of this subsection, if a nonresident temporarily maintains or occupies a dwelling in this State for a period in excess of 30 days but not in excess of 1 year, the nonresident shall obtain a nonresident's permit from the Administration, in lieu of registration, within 10 days immediately following the 30-day period.

(2) A nonresident exempt from registration under subsection (d) of this section shall obtain a nonresident's permit from the Administration, in lieu of registration, within 30 days of maintaining or occupying a dwelling in this State.

(3) A nonresident exempt from registration under subsection (c) of this section may obtain a nonresident's permit from the Administration, in lieu of registration, if the permit application is made within 10 days immediately following the 30-day period.

(4) (i) On application, a nonresident's permit may be issued by the Administration, or an agent designated by the Administration, in a form determined by the Administration.

(ii) For each nonresident permit it issues, an agent designated by the Administration may collect a fee not to exceed $ 4 in addition to the nonresident permit fee to offset expenses incurred in the issuance of nonresident permits.

(5) The application shall be accompanied by:

(i) A fee established by the Administration;

(ii) Evidence to reasonably establish that the applicant has a domicile outside of this State and is not a resident as defined in § 11-149 of this article; and

(iii) Evidence that the nonresident meets the required security provisions of the Maryland Vehicle Law.

(6) The nonresident permit shall be displayed on the windshield of the nonresident's exempt vehicle in the place and manner prescribed by the Administration.

(7) (i) A nonresident permit issued under paragraph (1) or (2) of this subsection shall be issued for a period not to exceed 1 year.

(ii) A nonresident permit issued under paragraph (3) of this subsection shall be valid until the expiration date of the registration plates of the vehicle to which it is issued.

(iii) 1. A nonresident permit issued under paragraph (2) of this subsection may be renewed annually in accordance with the nonresident's eligibility for the exemption provided in subsection (d) of this section.

2. A renewal fee established by the Administration shall be paid at the time of renewal.

(8) (i) Of the funds collected under paragraphs (5)(i) and (7)(iii)2 of this subsection, the Administration shall retain an amount equal to its administrative costs under this section.

(ii) Any excess funds shall be credited to the Gasoline and Motor Vehicle Revenue Account for distribution as highway user revenues in accordance with §§ 8-403 and 8-404 of this article.

(f) Penalty for violation. -- A person who drives or attempts to drive a vehicle on any highway in this State in violation of any of the provisions of this section is guilty of a misdemeanor.

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