(a) (1) In this section and in § 25-111 of this subtitle the following words have the meanings indicated. (2) "Cloned CVISN transponder" means a CVISN transponder or other electronic device that has been converted with the electronic serial number or other proprietary information obtained without the consent of the State. (3) "CVISN" means the Commercial Vehicle Information Systems and Network, a motor carrier program managed by the Department, together with other State agencies. (4) "CVISN transponder" means an electronic device acquired by motor carriers to allow electronic signaling through CVISN. (5) "Manufacture" means to produce, assemble, modify, alter, program, reprogram, or tamper with a CVISN transponder without the consent of the State. (6) "Sell" means to sell, exchange, give, or dispose of to another, or to offer or agree to do the same. (b) (1) A person may not knowingly possess or use a cloned CVISN transponder or possess a CVISN transponder with the intent to manufacture a cloned CVISN transponder. (2) A person may not knowingly distribute or possess with intent to distribute, manufacture, or sell a cloned CVISN transponder. (3) A person may not knowingly remove a CVISN transponder from the commercial vehicle to which it is registered and place it in another vehicle. (c) (1) Except as provided in paragraph (2) of this subsection, if the operator of a motor vehicle is in possession of a cloned CVISN transponder or a CVISN transponder placed in a commercial vehicle to which it is not registered, the registered owner of the motor vehicle shall be liable for the violation under this section. (2) A registered owner is not liable for a violation under this section if: (i) The operator of the vehicle has been adjudicated to be solely responsible for the violation; (ii) A person other than the registered owner has been adjudicated to be responsible for the violation; or (iii) 1. The registered owner is a lessor of the motor vehicle; 2. At the time of the violation, the motor vehicle involved was in the possession of a lessee; and 3. The lessor, within 30 days of the issuance of the citation, provides the Department or its authorized agent with a copy of the lease agreement identifying the lessee. (d) (1) In addition to any other penalty provided by law, including being disqualified from driving a commercial motor vehicle under § 16-812 of this article, a driver or an owner convicted of a violation of this section is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both. (2) The Administration may not register or transfer the registration of any vehicle involved in a violation of this section until final disposition of the violation.
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