1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *hb1025* |
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6 | 6 | | |
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7 | 7 | | HOUSE BILL 1025 |
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8 | 8 | | R4 2lr2580 |
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9 | 9 | | |
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10 | 10 | | By: Delegate Forbes |
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11 | 11 | | Introduced and read first time: February 10, 2022 |
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12 | 12 | | Assigned to: Environment and Transportation |
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13 | 13 | | |
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14 | 14 | | A BILL ENTITLED |
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15 | 15 | | |
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16 | 16 | | AN ACT concerning 1 |
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17 | 17 | | |
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18 | 18 | | Vehicle Laws – Driver Education – Self–Paced, Online Instruction 2 |
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19 | 19 | | |
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20 | 20 | | FOR the purpose of authorizing certain individuals to satisfy the classroom instruction 3 |
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21 | 21 | | component necessary for obtaining a provisional driver’s license by completing 4 |
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22 | 22 | | certain self–paced, online driver education instruction approved by the Motor 5 |
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23 | 23 | | Vehicle Administration; requiring certain regulations adopted by the Administration 6 |
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24 | 24 | | to include standards for self–paced, online driver education instruction; and 7 |
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25 | 25 | | generally relating to self–paced, online driver education instruction. 8 |
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26 | 26 | | |
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27 | 27 | | BY repealing and reenacting, without amendments, 9 |
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28 | 28 | | Article – Transportation 10 |
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29 | 29 | | Section 16–105(d)(2) 11 |
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30 | 30 | | Annotated Code of Maryland 12 |
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31 | 31 | | (2020 Replacement Volume and 2021 Supplement) 13 |
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32 | 32 | | |
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33 | 33 | | BY repealing and reenacting, with amendments, 14 |
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34 | 34 | | Article – Transportation 15 |
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35 | 35 | | Section 16–105(d)(3) through (5) and 16–505 16 |
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36 | 36 | | Annotated Code of Maryland 17 |
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37 | 37 | | (2020 Replacement Volume and 2021 Supplement) 18 |
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38 | 38 | | |
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39 | 39 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 |
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40 | 40 | | That the Laws of Maryland read as follows: 20 |
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41 | 41 | | |
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42 | 42 | | Article – Transportation 21 |
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43 | 43 | | |
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44 | 44 | | 16–105. 22 |
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45 | 45 | | |
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46 | 46 | | (d) (2) Except as provided in paragraph (3) of this subsection, an individual 23 |
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47 | 47 | | under the age of 19 years who holds a learner’s instructional permit may not take a driver 24 |
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48 | 48 | | skills examination or driver road examination for a provisional license: 25 2 HOUSE BILL 1025 |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | |
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52 | 52 | | (i) Sooner than 9 months following the later of: 1 |
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53 | 53 | | |
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54 | 54 | | 1. The date that the individual first obtains the learner’s 2 |
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55 | 55 | | instructional permit; or 3 |
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56 | 56 | | |
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57 | 57 | | 2. The most recent date the individual was convicted of, or 4 |
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58 | 58 | | granted probation before judgment under § 6–220 of the Criminal Procedure Article for, a 5 |
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59 | 59 | | moving violation; 6 |
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60 | 60 | | |
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61 | 61 | | (ii) Until after successful completion of: 7 |
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62 | 62 | | |
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63 | 63 | | 1. The driver education program approved under Subtitle 5 8 |
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64 | 64 | | of this title, consisting of at least 30 hours of classroom instruction and at least 6 hours of 9 |
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65 | 65 | | highway driving instruction; and 10 |
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66 | 66 | | |
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67 | 67 | | 2. At least 60 hours, 10 hours of which must occur during the 11 |
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68 | 68 | | period beginning 30 minutes before sunset and ending 30 minutes after sunrise, of 12 |
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69 | 69 | | behind–the–wheel driving practice supervised by an individual who: 13 |
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70 | 70 | | |
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71 | 71 | | A. Holds a valid driver’s license; 14 |
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72 | 72 | | |
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73 | 73 | | B. Is at least 21 years old; and 15 |
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74 | 74 | | |
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75 | 75 | | C. Has been licensed to drive for at least 3 years; and 16 |
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76 | 76 | | |
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77 | 77 | | (iii) Unless the individual submits, in accordance with the 17 |
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78 | 78 | | Administration’s regulations, a completed skills log book signed by: 18 |
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79 | 79 | | |
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80 | 80 | | 1. Each supervising driver who certifies that the individual 19 |
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81 | 81 | | has satisfactorily demonstrated a required skill and has completed the driving practice 20 |
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82 | 82 | | requirements of item (ii)2 of this paragraph; and 21 |
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83 | 83 | | |
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84 | 84 | | 2. If a signature of a parent, guardian, or other person is 22 |
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85 | 85 | | required under § 16–107 of this subtitle, the parent, guardian, or other person who signs 23 |
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86 | 86 | | the individual’s application under that section. 24 |
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87 | 87 | | |
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88 | 88 | | (3) An individual who holds a learner’s instructional permit and who is 18 25 |
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89 | 89 | | years old and has a high school diploma or its equivalent or is at least 19 years old but 26 |
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90 | 90 | | under the age of 25 years may not take a driver skills examination or driver road 27 |
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91 | 91 | | examination for a provisional license: 28 |
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92 | 92 | | |
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93 | 93 | | (i) Sooner than the later of: 29 |
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94 | 94 | | |
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95 | 95 | | 1. 3 months following the date that the individual first 30 |
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96 | 96 | | obtains the learner’s instructional permit; or 31 |
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97 | 97 | | HOUSE BILL 1025 3 |
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98 | 98 | | |
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99 | 99 | | |
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100 | 100 | | 2. 9 months following the most recent date the individual 1 |
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101 | 101 | | was convicted of, or granted probation before judgment for, a moving violation; 2 |
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102 | 102 | | |
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103 | 103 | | (ii) Until after successful completion of: 3 |
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104 | 104 | | |
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105 | 105 | | 1. A. A standard driver education program approved 4 |
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106 | 106 | | under Subtitle 5 of this title, consisting of at least 30 hours of classroom instruction and at 5 |
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107 | 107 | | least 6 hours of highway driving instruction; OR 6 |
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108 | 108 | | |
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109 | 109 | | B. FOR AN INDIVIDUAL WHO IS AT LEAST 21 YEARS OLD 7 |
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110 | 110 | | BUT UNDER THE AGE OF 25 YEARS, A STANDARD SELF –PACED, ONLINE DRIVER 8 |
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111 | 111 | | EDUCATION PROGRAM AP PROVED UNDER SUBTITLE 5 OF THIS TITLE, CONSISTING 9 |
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112 | 112 | | OF AT LEAST 30 HOURS OF ONLINE INSTRUCTIO N AND AT LEAST 6 HOURS OF 10 |
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113 | 113 | | HIGHWAY DRIVING INST RUCTION; and 11 |
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114 | 114 | | |
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115 | 115 | | 2. At least 60 hours, 10 hours of which must occur during the 12 |
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116 | 116 | | period beginning 30 minutes before sunset and ending 30 minutes after sunrise, of 13 |
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117 | 117 | | behind–the–wheel driving practice supervised by an individual who: 14 |
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118 | 118 | | |
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119 | 119 | | A. Holds a valid driver’s license; 15 |
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120 | 120 | | |
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121 | 121 | | B. Is at least 21 years old; and 16 |
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122 | 122 | | |
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123 | 123 | | C. Has been licensed to drive for at least 3 years; and 17 |
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124 | 124 | | |
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125 | 125 | | (iii) Unless the individual submits, in accordance with the 18 |
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126 | 126 | | Administration’s regulations, a completed skills log book signed by each supervising driver 19 |
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127 | 127 | | who certifies that the individual has satisfactorily demonstrated a required skill and has 20 |
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128 | 128 | | completed the driving practice requirements under this paragraph. 21 |
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129 | 129 | | |
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130 | 130 | | (4) An individual at least 25 years old who holds a learner’s instructional 22 |
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131 | 131 | | permit and has not been convicted of, or granted probation before judgment for, a moving 23 |
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132 | 132 | | violation may not take a driver skills examination or driver road examination for a 24 |
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133 | 133 | | provisional license: 25 |
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134 | 134 | | |
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135 | 135 | | (i) Sooner than 45 days following the date that the individual first 26 |
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136 | 136 | | obtains the learner’s instructional permit; 27 |
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137 | 137 | | |
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138 | 138 | | (ii) Until after successful completion of: 28 |
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139 | 139 | | |
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140 | 140 | | 1. A. A standard driver education program approved 29 |
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141 | 141 | | under Subtitle 5 of this title, consisting of at least 30 hours of classroom instruction and at 30 |
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142 | 142 | | least 6 hours of highway driving instruction; OR 31 |
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143 | 143 | | |
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144 | 144 | | B. A STANDARD SELF–PACED, ONLINE DRIVER 32 |
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145 | 145 | | EDUCATION PROGRAM AP PROVED UNDER SUBTITLE 5 OF THIS TITLE, CONSISTING 33 4 HOUSE BILL 1025 |
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146 | 146 | | |
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147 | 147 | | |
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148 | 148 | | OF AT LEAST 30 HOURS OF ONLINE INSTRUCTION AND AT LEAST 6 HOURS OF 1 |
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149 | 149 | | HIGHWAY DRIVING INST RUCTION; and 2 |
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150 | 150 | | |
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151 | 151 | | 2. At least 14 hours, 3 hours of which must occur during the 3 |
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152 | 152 | | period beginning 30 minutes before sunset and ending 30 minutes after sunrise, of 4 |
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153 | 153 | | behind–the–wheel driving practice supervised by an individual who: 5 |
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154 | 154 | | |
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155 | 155 | | A. Holds a valid driver’s license; 6 |
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156 | 156 | | |
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157 | 157 | | B. Is at least 21 years old; and 7 |
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158 | 158 | | |
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159 | 159 | | C. Has been licensed to drive for at least 3 years; and 8 |
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160 | 160 | | |
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161 | 161 | | (iii) Unless the individual submits, in accordance with the 9 |
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162 | 162 | | Administration’s regulations, a completed skills log book signed by each supervising driver 10 |
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163 | 163 | | who certifies that the individual has satisfactorily demonstrated a required skill and has 11 |
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164 | 164 | | completed the driving practice requirements under this paragraph. 12 |
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165 | 165 | | |
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166 | 166 | | (5) An individual at least 25 years old who holds a learner’s instructional 13 |
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167 | 167 | | permit and has been convicted of, or granted probation before judgment for, at least one 14 |
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168 | 168 | | moving violation may not take a driver skills examination or driver road examination for a 15 |
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169 | 169 | | provisional license: 16 |
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170 | 170 | | |
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171 | 171 | | (i) Sooner than 9 months following the most recent date the 17 |
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172 | 172 | | individual was convicted of, or granted probation before judgment for, a moving violation; 18 |
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173 | 173 | | |
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174 | 174 | | (ii) Until after successful completion of: 19 |
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175 | 175 | | |
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176 | 176 | | 1. A. A standard driver education program approved 20 |
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177 | 177 | | under Subtitle 5 of this title, consisting of at least 30 hours of classroom instruction and at 21 |
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178 | 178 | | least 6 hours of highway driving instruction; OR 22 |
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179 | 179 | | |
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180 | 180 | | B. A STANDARD SELF–PACED, ONLINE DRIVER 23 |
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181 | 181 | | EDUCATION PROGRAM AP PROVED UNDER SUBTITLE 5 OF THIS TITLE, CONSISTING 24 |
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182 | 182 | | OF AT LEAST 30 HOURS OF ONLINE INSTRUCTION AND AT LEAST 6 HOURS OF 25 |
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183 | 183 | | HIGHWAY DRIVING INST RUCTION; and 26 |
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184 | 184 | | |
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185 | 185 | | 2. At least 14 hours, 3 hours of which must occur during the 27 |
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186 | 186 | | period beginning 30 minutes before sunset and ending 30 minutes after sunrise, of 28 |
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187 | 187 | | behind–the–wheel driving practice supervised by an individual who: 29 |
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188 | 188 | | |
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189 | 189 | | A. Holds a valid driver’s license; 30 |
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190 | 190 | | |
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191 | 191 | | B. Is at least 21 years old; and 31 |
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192 | 192 | | |
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193 | 193 | | C. Has been licensed to drive for at least 3 years; and 32 HOUSE BILL 1025 5 |
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194 | 194 | | |
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195 | 195 | | |
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196 | 196 | | |
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197 | 197 | | (iii) Unless the individual submits, in accordance with the 1 |
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198 | 198 | | Administration’s regulations, a completed skills log book signed by each supervising driver 2 |
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199 | 199 | | who certifies that the individual has satisfactorily demonstrated a required skill and has 3 |
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200 | 200 | | completed the driving practice requirements under this paragraph. 4 |
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201 | 201 | | |
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202 | 202 | | 16–505. 5 |
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203 | 203 | | |
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204 | 204 | | (a) The Administration shall, in consultation with the State Department of 6 |
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205 | 205 | | Education, adopt and enforce regulations not inconsistent with this subtitle to implement 7 |
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206 | 206 | | a standardized driver education program conducted by driver education schools under its 8 |
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207 | 207 | | jurisdiction. 9 |
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208 | 208 | | |
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209 | 209 | | (b) Regulations adopted under this section shall be administered by the 10 |
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210 | 210 | | Administration and shall include: 11 |
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211 | 211 | | |
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212 | 212 | | (1) Curriculum, equipment, and fa cility standards for classroom, 12 |
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213 | 213 | | laboratory, and on–road instruction phases; 13 |
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214 | 214 | | |
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215 | 215 | | (2) Minimum student performance standards for an approved driver 14 |
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216 | 216 | | education program based upon the standardized curriculum approved by the 15 |
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217 | 217 | | Administration, consisting of at least 30 hours of classroom OR SELF–PACED, ONLINE 16 |
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218 | 218 | | instruction and at least 6 hours of highway driving instruction; 17 |
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219 | 219 | | |
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220 | 220 | | (3) Standards for the certification of schools and instructors; 18 |
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221 | 221 | | |
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222 | 222 | | (4) A system to evaluate the effectiveness of the driver education program; 19 |
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223 | 223 | | |
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224 | 224 | | (5) Standards governing the required offering of the driver education 20 |
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225 | 225 | | program, based on the capacity, enrollment, staff, and facilities of the schools; and 21 |
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226 | 226 | | |
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227 | 227 | | (6) Standards for the eligibility of individuals to enroll in the program. 22 |
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228 | 228 | | |
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229 | 229 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23 |
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230 | 230 | | October 1, 2022. 24 |
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