2013 Maryland Code
TRANSPORTATION
§ 15-113 - Record keeping -- Auctioneer


MD Transp Code § 15-113 (2013) What's This?

§15-113.

(a) Each person who conducts auctions as a business in this State of motor vehicles of a type required to be registered under this article shall keep a record of:

(1) The name and address of the consignor;

(2) The date on which it was consigned;

(3) The year, make, model, and serial number of each vehicle consigned;

(4) The title number and state where the vehicle was last registered;

(5) The odometer mileage reading at the time of consignment;

(6) The name and address of the person to whom the vehicle was sold;

(7) The selling price; and

(8) The date of sale.

(b) During business hours, the records shall be open to inspection by the Administration, by the Department of State Police, or by a law enforcement officer with a county or municipal police department or sheriff’s office who is assigned to an antitheft unit.

(c) The records required by this section shall be kept for at least 3 years after the transaction to which it applies.

(d) A person who fails to comply with any requirement under subsections (a) through (c) of this section is subject to a civil penalty not exceeding:

(1) For a first offense, $500; or

(2) For a second or subsequent offense, $1,000.

§ 15-113 - 1. Record keeping -- Automotive repairs and vehicle storage

(a) Definitions. --

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

(2) (i) "Automotive repair facility" means a facility where malfunctions of a motor vehicle are diagnosed or corrected for compensation.

(ii) "Automotive repair facility" includes a body shop.

(3) "Major component part" means:

(i) An air bag;

(ii) A bumper;

(iii) An engine;

(iv) A front fender;

(v) A front or rear side door;

(vi) A hood;

(vii) A pickup box or cargo box;

(viii) A rear quarter panel;

(ix) A rear door, deck lid, hatchback, or tailgate;

(x) A side assembly;

(xi) A sliding or cargo door; or

(xii) A transmission.

(4) "Used major component part" does not include a:

(i) Remanufactured part that has not been installed on a motor vehicle since remanufacture;

(ii) Core element that is held solely for the purpose of being returned for remanufacture; or

(iii) Part that is unsuitable for reuse in or on a motor vehicle.

(5) "Vehicle storage facility" means a facility where disabled vehicles are stored at any time for compensation.

(b) Records required to be kept -- Automotive repair facility. -- A person who operates an automotive repair facility shall keep accurate and complete records at the location where motor vehicle repairs are conducted of:

(1) The name and address of the owner of each motor vehicle repaired or stored at the automotive repair facility or each customer who leaves a motor vehicle for repair or storage at the automotive repair facility;

(2) The date a motor vehicle was left at the automotive repair facility;

(3) The year, model, and, when repairs involve a used major component part, the vehicle identification number of the vehicle; and

(4) For a used major component part at the automotive repair facility, proof of ownership or proof of the right of possession, including, if available, the vehicle identification number on the component part.

(c) Records required to be kept -- Vehicle storage facility. -- A person who operates a vehicle storage facility shall keep accurate and complete records at the location where vehicles are stored of:

(1) The name and address of the individual who requested storage of each vehicle;

(2) The date that each vehicle was brought into the vehicle storage facility;

(3) The year, model, and, if available, the vehicle identification number of each vehicle; and

(4) The date and manner of disposition of each vehicle.

(d) Period to be maintained. --

(1) Records required under subsection (b) or (c) of this section shall be kept for at least 1 year after the date:

(i) Of the transaction to which the record applies; or

(ii) On which a part or vehicle is at the automotive repair facility or vehicle storage facility.

(2) A person who operates an automotive repair facility or vehicle storage facility may satisfy the record requirement if the required record is a computerized record that is accessible at the automotive repair facility or vehicle storage facility.

(e) Available for inspection. --

(1) During business hours or other hours of operation, an automotive repair facility or vehicle storage facility shall make available for inspection by the Administration, by the Department of State Police, or by a law enforcement officer with a county or municipal police department or sheriff's office who is assigned to an antitheft unit:

(i) Records required under this section; and

(ii) Used major component parts and vehicles for which records are required.

(2) If an automotive repair facility or a vehicle storage facility is unable to produce a record required under this section, the automotive repair facility or vehicle storage facility may produce other evidence satisfactory to the Administration or law enforcement officer of proof of ownership or right of possession.

(f) Civil penalties. -- A person who fails to comply with any requirement under this section is subject to a civil penalty not exceeding:

(1) For a first offense, $ 500; or

(2) For a second or subsequent offense, $ 1,000.

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