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MARVIN MANDEL, Governor 1165
ON RECEIPT OF SATISFACTORY EVIDENCE THAT THE EQUIPMENT
HAS BEEN CORRECTED OR THAT THE EQUIPMENT MEETS OR EXCEEDS
THE STANDARDS ESTABLISHED UNDER THIS TITLE.
(G) (F) SECTION NOT EXCLUSIVE.
THIS SECTION DOES NOT LIMIT OR SUPERSEDE ANY OTHER
PROVISION OF LAW CONCERNING VEHICLE EQUIPMENT OR THE
MEANS OF ENFORCING THE LAWS RELATING TO THAT EQUIPMENT.
REVISOR'S NOTE: This section is new language derived
from Art. 66 1/2, §13-104.
Throughout this section, the term "safety
equipment repair order" is substituted for
"warning of defective equipment". This
conforms to the nomenclature adopted by the
Administration; see, e.g., Regulation
11.02.11.01.M.
In subsection (a) of this section, for
purposes of simplicity and conformity, the
term "police officer", which is defined in
§11—147 of this article, is substituted for
the present reference to a "member" of the
"State Police" and an "officer" of a county,
city, or municipal "police department".
In subsection (c) of this section, new
language is added to supply the necessary, but
inadvertently omitted, express statutory
statement requiring the owner to comply with
the order. This assures application of the
penalties in Title 27 of this article to
persons who fail to comply with the order.
Subsection (d) is revised to clarify that the
owner need not take the vehicle to the
"nearest" police department, as presently
implied, and to reflect the fact that not all
police departments authorized to issue repair
orders also conduct visual inspections and
issue repair order certifications.
As to subsection (f) of this section, the
present language, taken literally, provides
for a suspension only on failure to "correct
the equipment" within 30 days. Thus, while
subsection (b) purports to require the owner
to send to the Division a repair order
certification, there would appear to be no
time limit for doing so and, consequently, no
practical method by which to assure compliance
with this section or to implement the
suspension provisions. To avoid these
apparently unintended gaps and conform with
current practice, subsection (f)(2) is revised
to assure the right of suspension on failure,
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