2013 Maryland Code
TRANSPORTATION
§ 13-406 - Grounds for refusing registration


MD Transp Code § 13-406 (2013) What's This?

§13-406.

The Administration shall refuse to register or transfer the registration of any vehicle if:

(1) The application contains any false or fraudulent statement;

(2) The applicant has failed to furnish information or documents required or requested by the Administration;

(3) Any required fee has not been paid;

(4) The applicant is not entitled to registration of the vehicle under the Maryland Vehicle Law;

(5) The vehicle is mechanically unfit or unsafe to be operated on the highways;

(6) The registration of the vehicle is suspended or revoked;

(7) A warrant for a motor vehicle violation under the Maryland Vehicle Law has been issued against the applicant and has not been served on the applicant;

(8) Subject to § 13-406.1 of this subtitle, the applicant is named in an outstanding arrest warrant;

(9) The Administration has reasonable grounds to believe:

(i) That the vehicle is stolen;

(ii) That the grant or transfer of registration would be a fraud against another person; or

(iii) That the vehicle does not comply with Title 2, Subtitle 11 of the Environment Article or any regulations adopted under that subtitle; or

(10) The gross vehicle weight is 55,000 pounds or over and the applicant has failed to furnish proof of payment of the Federal Heavy Vehicle Use Tax.

§ 13-406 - 1. Refusal to register applicants named in outstanding warrants

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Law enforcement agency" means:

(i) A state, county, or municipal police department or agency;

(ii) A sheriff's office; or

(iii) A federal law enforcement agency.

(3) "Outstanding warrant" means an arrest warrant that:

(i) A law enforcement agency has attempted, but failed, to serve on the individual named in the warrant due to the inability to locate the individual; and

(ii) Is at least 31 days old.

(4) "Primary law enforcement officer" means:

(i) In a municipal corporation, the chief of police, if any, or the chief's designee;

(ii) In a county that has a county police department, the chief of police or the chief's designee;

(iii) In a county without a police department, the sheriff or the sheriff's designee;

(iv) In Baltimore City, the Police Commissioner or the Police Commissioner's designee;

(v) The Secretary of State Police; or

(vi) The principal law enforcement officers of a federal law enforcement agency or the officer's designee.

(b) Refusal to register or transfer registration. -- Subject to subsection (h) of this section, on notification by a law enforcement agency that an applicant for vehicle registration is named in an outstanding warrant, the Administration shall refuse to register or transfer the registration of any vehicle owned by the applicant.

(c) Notification of applicant. --

(1) Before refusing to register or transfer the registration of a vehicle under subsection (b) of this section, the Administration shall notify the applicant of the proposed action and inform the applicant of the applicant's right to contest the accuracy of the information on which the refusal is based.

(2) Any contest under this subsection shall be limited to whether the Administration has mistaken the identity of the individual named in the outstanding warrant or the individual whose registration or transfer of registration has been refused.

(d) Appeal. -- An individual named in an outstanding warrant may appeal a decision of the Administration under this section to refuse to register or transfer the registration of the individual's vehicle.

(e) Applicant referred to issuer of warrant. -- An applicant shall be referred to the law enforcement agency that notified the Administration of the outstanding warrant to resolve any question of whether the outstanding warrant has been satisfied.

(f) Resolution. --

(1) The Administration shall continue the refusal to register or transfer the registration of a vehicle owned by an individual named in an outstanding warrant until:

(i) The Administration is ordered by a court to register or transfer the registration of the vehicle; or

(ii) A law enforcement agency notifies the Administration that:

1. The individual named in the outstanding warrant has been arrested; or

2. The outstanding warrant has been otherwise satisfied.

(2) On receipt of an order or notice under paragraph (1) of this subsection, the Administration shall allow the applicant to register the vehicle or transfer the registration unless the registration or transfer has been restricted under any other provision of the Maryland Vehicle Law.

(g) Regulations. --

(1) The Administration, in consultation with the primary law enforcement officers of the State, shall adopt regulations to implement this section.

(2) The regulations shall include:

(i) Criteria that a law enforcement agency must meet prior to notifying the Administration that an individual is named in an outstanding warrant;

(ii) A procedure for informing an individual named in an outstanding warrant:

1. That the registration or transfer of the registration of the individual's vehicle has been refused; and

2. Of the manner in which the individual may contest or resolve the refusal;

(iii) A procedure that must be followed by a law enforcement agency to notify the Administration of changes in the status of an outstanding warrant; and

(iv) A procedure for the Administration to carry out the refusal of registration as authorized under this section.

(h) Agreement with law enforcement agency. -- If a law enforcement agency meets the criteria established under subsection (g) of this section, the Administration shall enter into an agreement with the appropriate primary law enforcement officer that provides for the notification to the Administration of persons named in outstanding warrants.

(i) Fees. --

(1) In addition to any other fee or penalty provided by law, the owner of a vehicle refused registration under this section shall pay a fee established by the Administration before renewal of the registration of the vehicle.

(2) The fee under paragraph (1) of this subsection shall be retained by the Administration and may not be credited to the Gasoline and Motor Vehicle Revenue Account for distribution under § 8-403 or § 8-404 of this article.

(j) Effect on other laws. -- The procedures specified in this section are in addition to any other penalty provided by law for the failure to meet the demands specified in a warrant.

(k) Scope of section. -- This section may not be construed to require the Administration to arrest a person named in an outstanding warrant.

§ 13-406 - 2. Refusal to renew or register vehicles of applicants delinquent in tax and unemployment insurance payments.

(a) In general. -- The Administration may not renew or transfer the registration of any vehicle if the applicant has not paid all undisputed taxes and unemployment insurance contributions payable to the Comptroller or the Secretary of Labor, Licensing, and Regulation or provided for payment in a manner satisfactory to the unit responsible for collection.

(b) Regulations. -- The Administration shall cooperate with the Comptroller and the Department of Labor, Licensing, and Regulation to develop procedures and adopt regulations in accordance with this section.

(c) Regulations -- Requirements. -- Regulations adopted under this section shall require:

(1) The Comptroller to notify the Administration that an individual has not paid all undisputed taxes; and

(2) The Department of Labor, Licensing, and Regulation to notify the Administration that an individual has not paid all undisputed unemployment insurance contributions.

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