WILLIAM DONALD SCHAEFER, Governor Ch. 796

(ii) Whether the vehicle is loaded or empty,
the tailgate is closed securely to prevent spillage of a load or
of any residue;

(iii) The bed does not have any holes, cracks,
or openings through which loose material can escape; and

(iv) After unloading loose material, all
residue is removed from the nonload-carrying parts of the
vehicle.

(G) (1) UPON APPLICATION BY THE SUPERVISOR OF A
CONSTRUCTION PROJECT OF THE DEPARTMENT, THE DEPARTMENT MAY GRANT
A REASONABLE EXTENSION OF THE 1-MILE LIMITATION ESTABLISHED IN
SUBSECTION (E)(1)(III) OF THIS SECTION IF THE DEPARTMENT
DETERMINES THAT THE EXTENSION REQUEST MEETS THE CRITERIA
DEVELOPED UNDER PARAGRAPH (2) OF THIS SUBSECTION AND THE
PROVISIONS OF PARAGRAPH (3) OF THIS SUBSECTION.

(2) (I) THE DEPARTMENT SHALL ADOPT REGULATIONS
ESTABLISHING CRITERIA FOR GRANTING AN EXTENSION UNDER THIS
SUBSECTION.

(II) IN ADOPTING REGULATIONS UNDER THIS
SUBSECTION, THE ADMINISTRATION SHALL CONSIDER:

1. THE SIZE OF THE CONSTRUCTION PROJECT;

2.  THE LIKELY ADVERSE IMPACT THAT
GRANTING THE EXTENSION WILL HAVE ON SURROUNDING HIGHWAYS AND
MOTORIST SAFETY; AND

3.  THE LIKELY ADVERSE IMPACT OF THE COVER
REQUIREMENT ON CONSTRUCTION COSTS AND TIMELY COMPLETION OF THE
PROJECT.

(3) AN EXTENSION GRANTED UNDER THIS SUBSECTION MAY
NOT EXCEED THE CONFINES OF THE DEPARTMENT'S CONSTRUCTION PROJECT.

(G) A VIOLATION OF THIS SECTION IS A MOVING VIOLATION FOR
THE PURPOSES OF § 16-402 OF THIS ARTICLE.

23-105.

(a) (1) If a police officer observes that a vehicle
registered in this State is being operated with any equipment
that apparently does not meet the standards established under
this subtitle OR THE STANDARDS ESTABLISHED UNDER § 24-106.1(E) OF
THIS ARTICLE, the officer shall stop the driver of the vehicle
and issue to him a safety equipment repair order.

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