1142                             Laws of Maryland                      [Ch. 508

set forth in said order. Amendments to the plan shall be prepared,
filed and reviewed in the same manner as herein provided with respect
to the original plan or plans.

If no plan meeting the standards set forth in this subsection is
submitted to the Commissioner within the periods stated in any order
disapproving any existing plan he shall, if necessary to carry out
the purpose of this subsection, after a hearing, prepare and promul-
gate a plan meeting such requirements.

When the plan or amendments thereto have been approved or
promulgated, no insurer shall thereafter issue a policy of automobile
or motor vehicle insurance or undertake to transact such business
in this State unless such insurer shall participate in the plan to the
extent of the coverages enumerated in this subsection and as are
inclusive in any filing made by or on behalf of such insurer under
this Code. If after hearing, the Commissioner finds that any activity
or practice of any insurer or rating organization in connection with
the operation of the plan is unfair or unreasonable or otherwise
inconsistent with the provisions of this subsection he may issue a
written order specifying in what respects such activity or practice is
unfair or unreasonable or otherwise inconsistent with the provisions
of this subsection and requiring the discontinuance of such activity
or practice.

(4) In addition to the requirements set forth in (3) above and
notwithstanding any provisions of the Maryland automobile insurance
plan to the contrary, no such plan may be approved or promulgated
by the Commissioner which is in conflict with or fails to meet the
following requirements:

(i) The Maryland automobile insurance plan must be in force
at all times and it shall be the duty of the Commissioner to so require
or promulgate such a plan.

(ii) Any applicant who is unable to obtain automobile or motor
vehicle insurance is to be eligible for insurance under the plan.
Provided however that the plan may designate as ineligible any
unlicensed motor vehicle operator.

The plan shall designate as ineligible any private passenger auto-
mobile or pick-up truck used MOTOR VEHICLES NOT EXCEED-
ING ¾ TON CARRYING CAPACITY, TO INCLUDE, BUT NOT
LIMITED TO, VEHICLES WITH A PICK-UP BODY, DELIVERY
SEDAN, CAMPER, OR PANEL TRUCK USED EXCLUSIVELY
as a private passenger vehicle in a damaged condition unless such
damage is undergoing restoration to completion by a business for
the repair of [automobile] vehicle damage. Any private passenger
automobile exceeding by two (2) years the model year of the manu-
facture of such [automobile] vehicle shall be designated as ineligible
under the plan unless a certificate of inspection as provided for under
Article 66½ of this Code as amended, is submitted upon request of
the insurer within 30 days of the attachment of coverage or upon
renewal anniversary of any coverage.

(iii) Notwithstanding any other rate filing or plan provision
to the contrary, previous cancellations or inability to obtain insur-
ance may not be used as a basis for rating, provided nothing in this
paragraph shall be construed to require or permit inadequate rates.