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MARYLAND STATUTES AND CODES

Section 10-312 - Admissibility of test results in prosecution for diesel emissions standard violation.

§ 10-312. Admissibility of test results in prosecution for diesel emissions standard violation.
 

(a)  In general.- Subject to subsection (b) of this section, in a prosecution for a diesel emissions standard violation under Title 23, Subtitle 4 of the Transportation Article, emissions test results from emissions test equipment as described in § 23-402 of the Transportation Article are admissible at trial in any court with jurisdiction over the proceeding in the State. 

(b)  Prima facie evidence of violation.- If at the time of testing, a diesel vehicle fails to meet the emissions standard established under Title 23, Subtitle 4 of the Transportation Article, the failure to meet the established emissions standard shall be prima facie evidence that the operator of the diesel vehicle violated the provisions of Title 23, Subtitle 4 of the Transportation Article. 
 

[1999, chs. 41, 42.] 
   

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