§ 25-111

Maryland § 25-111

• Jurisdiction: Maryland
• Article gtr: Transportation
• Title: 25

Text

(a) (1) In this section the following words have the meanings indicated.

(2) (i) “Direct assistance” means the provision of transportation and other relief services by a motor carrier or its drivers for the immediate restoration of essential services or the delivery of essential supplies.

(ii) “Direct assistance” does not include:

1. Transportation related to the long–term rehabilitation of damaged physical infrastructure; or

2. Routine commercial deliveries made after the initial threat to life or property caused by a transportation emergency has passed.

(3) “Emergency relief” means an operation for which a motor carrier or driver of a commercial motor vehicle, in response to a transportation emergency, provides direct assistance to supplement State and local efforts and capabilities to save lives or property or to protect public health or safety.

(4) “Essential services” includes electric or natural gas service, medical care, sewer service, water service, telecommunications service, or telecommunication transmissions.

(5) “Essential supplies” includes food or fuel.

(6) “Hazardous materials inspector” means a person who is assigned by the Department of the Environment and certified by the Department of State Police to perform an inspection authorized under this section.

(7) “Natural or man–made emergency” means a hurricane, a tornado, a thunderstorm, a snowstorm, an ice storm, a blizzard, a flood, wind–driven water, a tidal wave, a tsunami, an earthquake, a volcanic eruption, a mud slide, a drought, a forest fire, an explosion, an electricity blackout, or any other similar occurrence.

(8) “Police officer” means:

(i) Any uniformed law enforcement officer who is certified or under the direction of a law enforcement officer who is certified by the Department of State Police to perform an inspection authorized under this section;

(ii) Any civilian employee of the Department of State Police assigned to enforce any regulation adopted under this section, but only while acting under written authorization of the Secretary of State Police;

(iii) Any civilian employee of the Maryland Transportation Authority Police who is:

1. Acting under the immediate direction and control of a uniformed police officer;

2. Acting under the written authorization of the Secretary of State Police; and

3. Certified by the Department of State Police to perform an inspection authorized under this section; or

(iv) Any civilian employee of a local government who is:

1. Acting under the immediate direction and control of a uniformed police officer;

2. Acting under the written authorization of the Secretary of State Police; and

3. Certified by the Department of State Police to perform an inspection authorized under this section.

(9) “Public Service Commission inspector” means a person who is assigned by the Public Service Commission and certified by the Department of State Police to perform an inspection authorized under this section.

(10) “Transportation emergency” means any natural or man–made emergency that interrupts or may interrupt the delivery of essential services or essential supplies or otherwise immediately threatens human life or public welfare.

(b) (1) Upon direction by a police officer or by an electronic signal to vehicles equipped with a CVISN transponder, the driver of any vehicle that is subject to any regulation adopted under this section shall stop and submit to an inspection:

(i) All applicable driver records, including driver’s license, driver hours of service record and certificate of physical examination;

(ii) All load manifests, including bills of lading or other shipping documents; and

(iii) All cargo and cargo areas.

(2) A police officer who is certified by the Department of State Police to perform an inspection authorized under this section, a Public Service Commission inspector, or a hazardous materials inspector may conduct a safety inspection of the vehicle that is subject to a regulation adopted under this section or § 22–409 of this article.

(c) The operation of a vehicle on any highway in this State constitutes the consent of the driver and the owner of the vehicle to the inspection provided for in this section.

(d) (1) The driver of a vehicle shall obey every sign and every direction of a police officer or an electronic signal to a CVISN transponder to stop the vehicle and submit to the required inspection.

(2) If a driver fails or refuses to comply with the direction of a police officer or an electronic signal to a CVISN transponder to submit a vehicle to the required inspection, the police officer shall have the authority to take the vehicle and its load into temporary custody for the purpose of inspecting the vehicle, load, its equipment, or documents.

(3) The police officer may utilize resources as specified in § 16–303.1(b) of this article to conduct the safety inspection.

(4) In addition to any fine or penalty attributable to the inspection, or other offense, the driver is responsible for any additional costs incurred in inspecting the vehicle and its load because of the driver’s failure or refusal to comply with the direction of a police officer or an electronic signal to a CVISN transponder.

(e) A sign used to direct vehicles under this section may be displayed only by a police officer who is assigned to enforce this section.

(f) (1) Except as provided in subsection (i) of this section, the Administration may adopt regulations as are necessary for the safe operation of vehicles that:

(i) Exceed a gross vehicle weight rating of 10,000 pounds;

(ii) Are required to be marked or placarded for the transportation of hazardous materials; or

(iii) Are designed to transport 16 or more passengers including the driver over the highways of this State.

(2) Any regulation adopted pursuant to this subsection shall:

(i) Be formulated jointly by the Administration and the Department of State Police;

(ii) Duplicate or be consistent with the Federal Motor Carrier Safety Regulations contained in:

1. 49 C.F.R., Part 40 (“Procedures for Transportation Workplace Drug and Alcohol Testing Programs”) and Part 382 (“Controlled Substances and Alcohol Use and Testing”), with respect to drug and alcohol testing regulations applicable to drivers required by regulation to possess a commercial driver’s license;

2. 49 C.F.R., Part 385, Subparts A, C, and D (“New Entrant Safety Assurance Program”);

3. 49 C.F.R., Part 386, Subparts F and G (“Injunctions and Imminent Hazards; Penalties”); and

4. 49 C.F.R., Parts 390 through 399 (“General Safety Requirements”);

(iii) Apply to all vehicles with a gross vehicle weight rating or gross combination weight rating over 10,000 pounds that are subject to the Federal Motor Carrier Safety Regulations; and

(iv) Apply to vehicles with a gross vehicle weight rating or gross combination weight rating over 10,000 pounds that are not subject to the Federal Motor Carrier Safety Regulations, if the regulation adopted by the Motor Vehicle Administration specifically states that it applies to the vehicle.

(3) The regulations adopted under this subsection may require that registrants of motor vehicles subject to this subsection have knowledge of applicable federal and State motor carrier safety regulations.

(g) Any motor carrier or driver operating a vehicle that is subject to the regulations adopted under this section shall, at all times when operating the vehicle on a highway in this State, comply with the regulations adopted under this section.

(h) (1) During normal business hours, a police officer, a hazardous materials inspector, or a Public Service Commission inspector may enter the premises and inspect equipment and review and copy records of motor carriers subject to the regulations adopted under § 22–409 or § 23–302 of this article, Federal Motor Carrier Safety Regulations, Federal Hazardous Materials Regulations, or Public Service Commission laws and regulations.

(2) During normal business hours, trained personnel from the Commercial Vehicle Enforcement Division of the Department of State Police may enter the premises and inspect, review, and copy records of motor carriers subject to the regulations adopted under this section, § 22–409 of this article, or § 23–302 of this article, including:

(i) Any record required by this section;

(ii) Driver qualification files;

(iii) Hours of service records;

(iv) Drug and alcohol testing records of drivers required to be tested under this section; and

(v) Insurance records.

(i) (1) Except as provided for in paragraph (2) of this subsection, regulations adopted under this section for intrastate motor carrier transportation may not:

(i) Apply the provisions of § 391.21, § 391.23, § 391.31, or § 391.35 of the Federal Motor Carrier Safety Regulations to:

1. A driver who is a regularly employed driver of a motor carrier for a continuous period that began before July 1, 1986, if the driver continues to be a regularly employed driver of the motor carrier; or

2. The motor carrier, with regard to a driver described under item 1 of this item, if the motor carrier continues to employ the driver;

(ii) Limit a driver’s time or hours on duty if:

1. The driver operates only within a 150 air mile radius of the driver’s normal work reporting location;

2. The driver returns to the driver’s normal work reporting location;

3. The driver is released from work within a period of 16 consecutive hours, not more than 12 of which are dedicated to driving, and is given at least 8 consecutive hours off duty; and

4. Regardless of the number of motor carriers using the driver’s services, the driver:

A. If the employing motor carrier does not operate motor vehicles every day of the week, has been on duty no more than 70 hours in a period of 7 consecutive days; or

B. If the employing motor carrier operates motor vehicles every day of the week, has been on duty no more than 80 hours in a period of 8 consecutive days;

(iii) Require a driver to maintain a record of duty status if the driver is not subject to item (ii) of this paragraph, except that, if a driver is on duty for a period of more than 12 hours, the driver shall maintain a record of the driver’s duty status that:

1. For the first 12 hours of time on duty, accounts for all time dedicated to driving; and

2. For all time on duty in excess of 12 hours, conforms to the recording requirements provided in federal regulations; or

(iv) Except in the case of bus drivers, apply the provisions of § 391.41(b)(1) through (11) of the Federal Motor Carrier Safety Regulations before October 1, 2023 to any person who:

1. On October 1, 2003, was otherwise qualified to operate and operated a vehicle or vehicle combination used in intrastate commerce with a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more and, after October 1, 2003, remained qualified to operate and continued to operate such a vehicle;

2. Operates only in intrastate commerce; and

3. Has a mental or physical condition which would disqualify the person under the Federal Motor Carrier Safety Regulations and:

A. The condition existed on October 1, 2003 or at the time of the first physical examination after that date to which the person submitted as required by regulations adopted by the Administration under subsection (k) of this section; and

B. A physician who has examined the person has determined that the condition has not substantially worsened and that no other disqualifying medical or physical condition has developed since October 1, 2003 or the time of the first required physical examination after that date.

(2) Nothing contained in this subsection limits regulation of the qualifications or hours of service of a driver of a vehicle:

(i) In interstate commerce;

(ii) Transporting hazardous materials of a type and quantity requiring placarding under Federal Hazardous Materials Regulations; or

(iii) Designed to transport 16 or more passengers, including the driver.

(j) (1) Notwithstanding the provisions of § 14–107 of the Public Safety Article, the Governor may delegate the power to declare a transportation emergency to the Secretary or the Secretary’s designee.

(2) (i) The Secretary or the Secretary’s designee may declare a transportation emergency.

(ii) 1. During the time in which a transportation emergency declared under this subsection exists, the Secretary or the Secretary’s designee may waive all or part of the Federal Motor Carrier Safety Regulations contained in 49 C.F.R. Parts 390–399 that have been adopted for intrastate motor carrier transportation under this section if the Secretary or the Secretary’s designee reasonably expects that the waiver will facilitate emergency relief efforts.

2. A. This waiver shall apply only to motor carriers and drivers operating commercial motor vehicles while providing emergency relief.

B. When a transportation emergency terminates, an empty motor carrier or the driver of an empty motor carrier may return to the motor carrier’s terminal or the driver’s normal work reporting location.

(3) (i) All declarations issued under this subsection shall indicate the nature of the transportation emergency, the area or areas threatened, and the conditions which have brought it about.

(ii) A declaration shall be disseminated by a means calculated to bring its contents to the attention of the general public, in the areas affected by the declaration.

(4) Within 10 days of the issuance of any declaration issued under this subsection, the Secretary or the Secretary’s designee shall notify the Governor of the nature of the declaration.

(5) (i) A transportation emergency declared by the Secretary or the Secretary’s designee lasts for the lesser of 5 days from the date of the initial declaration or for the duration of the emergency conditions.

(ii) If conditions warrant, the Secretary or the Secretary’s designee may renew a transportation emergency beyond the initial 5–day period for up to three renewal periods of 5 days each.

(iii) 1. A transportation emergency may not extend for more than 20 days.

2. If the duration of the transportation emergency conditions extends for more than 20 days, the Governor may take any action authorized under this subsection to facilitate emergency relief efforts through a declaration of a state of emergency under § 14–107 of the Public Safety Article.

(k) For the purposes of subsection (i) of this section, the Administration shall adopt regulations requiring physical examinations for intrastate commercial motor vehicle drivers.

(l) A person convicted of a violation of this section is subject to:

(1) For a first offense, a fine not exceeding $1,000;

(2) For a second offense, a fine not exceeding $2,000; and

(3) For a third or subsequent offense, a fine not exceeding $3,000.