|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 14
|
|
|
|
|
1084
|
|
|
|
|
|
LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
WHEN THE ADMINISTRATOR HAS REASON TO BELIEVE THAT A
DEVICE APPROVED UNDER THIS TITLE IS BEING SOLD
COMMERCIALLY AND DOES NOT COMPLY WITH THE APPLICABLE
STANDARDS FOR THE DEVICE, HE MAY, AFTER GIVING 30 DAYS
PREVIOUS NOTICE TO THE PERSON WHO HAS RECEIVED THE
APPROVAL FOR THE DEVICE, CONDUCT A HEARING ON THE
QUESTION OF COMPLIANCE OF THE APPROVED DEVICE. AFTER THE
HEARING, THE ADMINISTRATOR SHALL DETERMINE WHETHER THE
DEVICES BEING SOLD MEET THE REQUIREMENTS FOR APPROVAL.
IF THE DEVICES DO NOT MEET THESE REQUIREMENTS, HE SHALL
GIVE NOTICE TO THE PERSON WHO HAS RECEIVED THE PREVIOUS
APPROVAL.
(E) SUSPENSION OR REVOCATION OF APPROVAL.
IF, AT THE EXPIRATION OF 30 DAYS AFTER THIS
NOTICE, THE PERSON WHO HAS RECEIVED THE APPROVAL OF THE
DEVICE HAS FAILED TO SATISFY THE ADMINISTRATOR THAT THE
DEVICES BEING SOLD MEET THE REQUIREMENTS FOR APPROVAL,
THE ADMINISTRATOR SHALL SUSPEND OR REVOKE THE APPROVAL
ISSUED FOR THE DEVICE UNTIL THE DEVICE IS RESUBMITTED TO
AND TESTED BY AN INDEPENDENT TESTING LABORATORY APPROVED
BY THE AMERICAN ASSOCIATION OF MOTOR VEHICLE
ADMINISTRATORS AND IS FOUND TO MEET THE APPLICABLE
STANDARDS. THE ADMINISTRATOR MAY REQUIRE THAT ALL OF
THESE DEVICES SOLD SINCE THE NOTIFICATION FOLLOWING THE
HEARING BE REPLACED BY DEVICES THAT DO COMPLY. THE
ADMINISTRATOR MAY, AT THE TIME OF RETEST, PURCHASE ON THE
OPEN MARKET AND SUBMIT FOR RETESTING ONE OR MORE SETS OF
THESE APPROVED DEVICES, AND, IF THE DEVICE ON RETEST
FAILS TO MEET THE APPROVAL REQUIREMENTS, THE
ADMINISTRATOR SHALL REVOKE OR REFUSE TO RENEW THE
APPROVAL OF THE DEVICE.
REVISOR'S NOTE: This section presently appears as
Art. 66 1/2, §12-102.
Except for minimal changes in style and
nomenclature, this section has not been
revised; see General Revisor's Note to this
title.
22-103. PROGRAM OF MARKET SURVEILLANCE; NOTICE TO SELLER
OF UNAPPROVED DEVICE.
(A) IN ORDER TO ASSURE THAT REQUIRED DEVICES
DISPLAYED FOR SALE, SOLD, OFFERED FOR SALE, OR DELIVERED
FOR USE IN, ON, OR AS A PART OF THE EQUIPMENT OF A MOTOR
VEHICLE, TRAILER, SEMITRAILER, OR POLE TRAILER ARE OF A
TYPE APPROVED BY THE ADMINISTRATOR, THE ADMINISTRATION
MAY MAINTAIN A PROGRAM OF MARKET SURVEILLANCE.
(B) ON DISCOVERY OF UNAPPROVED DEVICES BEING SOLD,
OFFERED FOR SALE, DISPLAYED FOR SALE, OR BEING DELIVERED
FOR USE ON ANY OF THE VEHICLES DESCRIBED IN §22-101(C)
OF THIS SUBTITLE, NOTICE SHALL BE GIVEN THAT THE SELLER,
JOBBER, OR WHOLESALER IS IN VIOLATION OF §22-101 AND THAT
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
