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23-404.
(A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, IF A DIESEL VEHICLE
FAILS AN EMISSIONS TEST ESTABLISHED AND ADMINISTERED UNDER THIS
SUBTITLE, THE DRIVER OF THE DIESEL VEHICLE AT THE TIME OF THE TEST FAILURE
SHALL BE SUBJECT TO:
FOR A FIRST OFFENSE, A FINE NOT EXCEEDING $500; AND
(2) FOR A SECOND OR SUBSEQUENT OFFENSE, A FINE NOT EXCEEDING
$1,000.
(B) (1) THE DEPARTMENT OF THE ENVIRONMENT, THE DEPARTMENT OF
STATE POLICE, AND THE DEPARTMENT OF TRANSPORTATION SHALL PROVIDE A
PERSON WHOSE DIESEL VEHICLE FAILS AN EMISSIONS TEST AND WHO RECEIVES A
FINE UNDER SUBSECTION (A) OF THIS SECTION, THE OPPORTUNITY AFTER EACH
TEST FAILURE TO RETEST THE DIESEL VEHICLE NO LATER THAN 30 DAYS AFTER THE
DATE OF THE TEST FAILURE.
(2) IF A DIESEL VEHICLE THAT FAILED AN EMISSIONS TEST IS
RETESTED UNDER PARAGRAPH (1) OF THIS SUBSECTION AND PASSES THE EMISSIONS
TEST UNDER THIS SUBTITLE, THE FINE ASSESSED AGAINST THE DRIVER OF THE
DIESEL VEHICLE UNDER SUBSECTION (A) OF THIS SECTION SHALL BE REDUCED TO:
(I) FOR A FIRST OFFENSE, A FINE NOT EXCEEDING $150; AND
(II) FOR A SECOND OR SUBSEQUENT OFFENSE, A FINE NOT
EXCEEDING $500.
(3) IF A DRIVER OF A DIESEL VEHICLE THAT FAILED AN EMISSIONS TEST
SUBMITS A CERTIFICATION OF REPAIR OF THE DIESEL VEHICLE AS REQUIRED
UNDER REGULATIONS ADOPTED UNDER THIS SUBTITLE NO LATER THAN 30 DAYS
AFTER THE DATE OF THE TEST FAILURE, THE FINE ASSESSED AGAINST THE DRIVER
OF THE DIESEL VEHICLE UNDER SUBSECTION (A) OF THIS SECTION SHALL BE
REDUCED TO;
(I) FOR A FIRST OFFENSE, A FINE NOT EXCEEDING $150; AND
(II) FOR A SECOND OR SUBSEQUENT OFFENSE, A FINE NOT
EXCEEDING $500.
(A) IF A DIESEL VEHICLE FAILS AN EMISSIONS TEST ESTABLISHED AND
ADMINISTERED UNDER THIS SUBTITLE, THE DRIVER OF THE DIESEL VEHICLE AT
THE TIME OF TESTING SHALL BE ISSUED:
(1) IF THE DIESEL VEHICLE IS REGISTERED UNDER THIS ARTICLE, A
SAFETY EQUIPMENT REPAIR ORDER THAT DIRECTS THE REGISTERED OWNER OF THE
VEHICLE TO REPAIR THE VEHICLE TO COMPLY WITH EMISSIONS STANDARDS; OR
(2) IF THE DIESEL VEHICLE IS A FOREIGN REGISTERED VEHICLE,
NOTICE INDICATING THAT THE VEHICLE IS NOT IN COMPLIANCE WITH EMISSIONS
STANDARDS IN THIS STATE.
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