§ 16-812

Maryland § 16-812

• Jurisdiction: Maryland
• Article gtr: Transportation
• Title: 16

Text

(a) The Administration shall disqualify any individual from driving a commercial motor vehicle for a period of 1 year if:

(1) The individual is convicted of committing any of the following offenses while driving a commercial motor vehicle:

(i) A violation of § 21–902 of this article;

(ii) A violation of a federal law or any other state’s law which is substantially similar in nature to the provisions in § 21–902 of this article;

(iii) Leaving the scene of an accident which requires disqualification as provided by the United States Secretary of Transportation;

(iv) A crime, other than a crime described in subsection (e) of this section, that is punishable by imprisonment for a term exceeding 1 year;

(v) A violation of § 25–112 of this article; or

(vi) A violation of § 2–209, § 2–503, § 2–504, § 2–505, or § 2–506 of the Criminal Law Article;

(2) The individual holds a commercial instructional permit or commercial driver’s license and is convicted of committing any of the following offenses while driving a noncommercial motor vehicle:

(i) A violation of § 21–902(a), (c), or (d) of this article;

(ii) A violation of a federal law or any other state’s law which is substantially similar in nature to the provisions in § 21–902(a), (c), or (d) of this article;

(iii) Leaving the scene of an accident which requires disqualification as provided by the United States Secretary of Transportation; or

(iv) A crime, other than a crime described in subsection (e) of this section, that is punishable by imprisonment for a term exceeding 1 year;

(3) The individual, while driving a commercial motor vehicle or while holding a commercial instructional permit or commercial driver’s license, refuses to undergo testing as provided in § 16–205.1 of this title or as is required by any other state’s law or by federal law in the enforcement of 49 C.F.R. § 383.51 Table 1, or 49 C.F.R. § 392.5(a)(2);

(4) The individual drives or attempts to drive a commercial motor vehicle while the alcohol concentration of the person’s blood or breath is 0.04 or greater;

(5) The individual, while holding a commercial instructional permit or commercial driver’s license, drives or attempts to drive any motor vehicle while the alcohol concentration of the person’s blood or breath is 0.08 or greater; or

(6) The individual drives a commercial motor vehicle when, as a result of prior violations committed while driving a commercial motor vehicle, the driver’s commercial instructional permit or commercial driver’s license is revoked, suspended, or canceled or the driver is disqualified from driving a commercial motor vehicle.

(b) If any of the offenses in subsection (a) of this section occurred while transporting a hazardous material required to be placarded, the Administration shall disqualify the individual for a period of 3 years.

(c) The Administration shall disqualify any person from driving a commercial motor vehicle for life for 2 or more violations of any of the offenses specified in subsection (a) or (b) of this section, or any combination of those offenses, arising from 2 or more separate incidents.

(d) The Administration shall adopt regulations establishing guidelines, including conditions, under which a disqualification for life may be reduced to a period of time which may be permitted by federal regulations.

(e) The Administration shall disqualify any person from driving a commercial motor vehicle for life who is convicted of using a motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled dangerous substance, or possession with intent to manufacture, distribute, or dispense a controlled dangerous substance.

(f) The Administration shall disqualify any person from driving a commercial motor vehicle for a period of 60 days if convicted under the laws of this State or any other state of 2 serious traffic violations arising from separate incidents occurring within a 3–year period committed:

(1) While operating a commercial motor vehicle; or

(2) While holding a commercial instructional permit or commercial driver’s license and operating a noncommercial vehicle, and the conviction would result in suspension, revocation, or cancellation of the driver’s license.

(g) The Administration shall disqualify any person from driving a commercial motor vehicle for a period of 120 days if convicted under the laws of this State or any other state of 3 serious traffic violations arising from separate incidents occurring within a 3–year period committed:

(1) While operating a commercial motor vehicle; or

(2) While holding a commercial instructional permit or commercial driver’s license and operating a noncommercial motor vehicle, and the conviction would result in suspension, revocation, or cancellation of the driver’s license.

(h) The Administration may disqualify a person from driving a commercial motor vehicle for a controlled dangerous substance offense in the manner provided under Article 41, Title 1, Subtitle 5 of the Code.

(i) (1) In this subsection the following terms have the meanings indicated:

(i) “Commercial motor vehicle” means:

1. A “commercial motor vehicle” as defined in § 16–803 of this subtitle; and

2. Except as provided in § 16–803(c)(2) of this subtitle, any self–propelled or towed vehicle used on a public highway to transport passengers or property, if the vehicle has a gross vehicle weight rating of 10,001 or more pounds.

(ii) “Out–of–service order” means a declaration by an authorized enforcement officer of a federal, State, Canadian, Mexican or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation, is put out of service pursuant to Title 49, §§ 386.72, 392.5, 392.9A, 395.13, and 396.9 of the Code of Federal Regulations, compatible laws, or the North American Uniform Out–of–Service Criteria.

(2) A driver who is convicted of violating an out–of–service order while driving a commercial motor vehicle is:

(i) Disqualified for the period of time specified in regulation by the United States Secretary of Transportation; and

(ii) Subject to the civil penalties specified in regulation by the United States Secretary of Transportation.

(j) A driver who is convicted of a violation of any of the provisions of §§ 21–701 through 21–704 of this article pertaining to railroad grade crossings or any other federal, state, or local law or regulation pertaining to railroad grade crossings that is substantially similar to §§ 21–701 through 21–704 of this article, while operating a commercial motor vehicle, is disqualified for the period of time specified in regulation by the United States Secretary of Transportation.

(k) (1) The Administration shall cancel a commercial instructional permit or commercial driver’s license if the applicant provides information that is incomplete or incorrect.

(2) If the Administration determines, in its check of an applicant’s license status and record prior to issuing a commercial instructional permit or commercial driver’s license, or at any time after the commercial instructional permit or commercial driver’s license has been issued, that the applicant has falsified any information or certification submitted in connection with an application for a commercial instructional permit or commercial driver’s license, the Administration shall suspend, cancel, or revoke the commercial instructional permit or commercial driver’s license or pending application, or disqualify the person from operating a commercial motor vehicle, for a period of not less than 60 days.

(3) The Administration shall cancel the commercial driver’s license of any individual who fails to submit to the Administration a current certificate of physical examination, as required under 49 C.F.R. § 391.43 and § 391.45.

(l) After suspending, revoking, or canceling a commercial instructional permit or commercial driver’s license, or after disqualifying a person who holds a commercial instructional permit or commercial driver’s license from operating a commercial motor vehicle, the Administration shall update its records to reflect that action within 10 days.

(m) After suspending, revoking, or canceling a nonresident commercial driver’s privilege, or after disqualifying a nonresident driver from operating a commercial motor vehicle, the Administration shall notify the licensing authority of the state which issued the commercial instructional permit or commercial driver’s license within 10 days.

(n) An individual who is disqualified from driving a commercial motor vehicle under this section shall surrender the individual’s driver’s license to the Administration.

(o) (1) The Administration may issue a noncommercial driver’s license of an appropriate class to an individual who is disqualified or whose commercial driver’s license is canceled under this section if:

(i) The individual surrenders the commercial instructional permit or commercial driver’s license; and

(ii) The individual’s driving privilege is not otherwise refused, suspended, revoked, or canceled in this State or any other state.

(2) (i) The Administration may immediately reinstate an individual’s noncommercial driving privilege and, subject to subparagraph (ii) of this paragraph, issue a noncommercial driver’s license of an appropriate class to an individual whose commercial driver’s license is canceled under subsection (k)(3) of this section if:

1. The cancellation results solely from the failure to submit a certificate of physical examination;

2. The individual’s driving privilege is not expired; and

3. The individual’s driving privilege is not otherwise refused, suspended, revoked, or canceled in this State or any other state.

(ii) The Administration may not issue a noncommercial driver’s license under this paragraph unless the individual surrenders the commercial driver’s license.

(p) (1) (i) On termination of a disqualification period of less than 1 year, an individual may apply for restoration of the individual’s commercial instructional permit or commercial driver’s license.

(ii) The Administration shall reissue a commercial instructional permit or commercial driver’s license under this paragraph when the applicant pays any required fees.

(2) On termination of a disqualification period of at least 1 year, an individual may apply for a new commercial instructional permit or commercial driver’s license.

(3) The Administration shall issue a commercial instructional permit or commercial driver’s license to the applicant when the applicant:

(i) Passes the skills and knowledge tests required by this subtitle;

(ii) Is eligible to drive pursuant to the Commercial Driver’s License Information System, and National Driver’s Register;

(iii) Surrenders any previously issued driver’s instructional permit or license; and

(iv) Pays the fees required by § 16–818(a)(1) of this subtitle.

(q) If an individual is disqualified based on multiple offenses committed at the same time, or arising out of circumstances simultaneous in time and place, or arising out of the same incident, the Administration:

(1) Shall disqualify the individual from driving a commercial motor vehicle for the offense which results in the lengthiest period of disqualification; and

(2) May not impose any additional periods of disqualification for the remainder of the offenses.

(r) Notwithstanding any other provision of law, an offense described in this section or § 16–205.1 of this title committed by an individual in a noncommercial motor vehicle may not be considered an offense for the purposes of disqualification if the offense occurred before:

(1) September 30, 2005; or

(2) The initial issuance to the individual of a commercial instructional permit by any state.