MD
Maryland House Bill HB189

Maryland 2025 Regular Session

Maryland House Bill HB189 Compare Versions

OldNewDifferences
1- WES MOORE, Governor Ch. 49
21
3-– 1 –
4-Chapter 49
5-(House Bill 189)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0189*
89
9-Drunk Driving – Commercial Driver’s Licenses – Disqualification From Driving
10+HOUSE BILL 189
11+R3 5lr0214
12+ (PRE–FILED) CF SB 187
13+By: Chair, Judiciary Committee (By Request – Departmental – Transportation)
14+Requested: October 9, 2024
15+Introduced and read first time: January 8, 2025
16+Assigned to: Judiciary
17+Committee Report: Favorable
18+House action: Adopted
19+Read second time: February 25, 2025
1020
11-FOR the purpose of requiring the Motor Vehicle Administration to disqualify any individual
12-from driving a commercial motor vehicle for a certain period of time if the individual
13-drives or attempts to drive any vehicle with a certain alcohol concentration in the
14-person’s blood or breath; and generally relating to disqualification from driving
15-commercial motor vehicles.
21+CHAPTER ______
1622
17-BY repealing and reenacting, with amendments,
18- Article – Transportation
19- Section 16–812(a)
20- Annotated Code of Maryland
21- (2020 Replacement Volume and 2024 Supplement)
23+AN ACT concerning 1
2224
23-BY repealing and reenacting, without amendments,
24- Article – Transportation
25- Section 16–812(b) and (c)
26- Annotated Code of Maryland
27- (2020 Replacement Volume and 2024 Supplement)
25+Drunk Driving – Commercial Driver’s Licenses – Disqualification From Driving 2
2826
29- SECTION 1. BE IT ENACTED BY THE GENE RAL ASSEMBLY OF MARYLAND,
30-That the Laws of Maryland read as follows:
27+FOR the purpose of requiring the Motor Vehicle Administration to disqualify any individual 3
28+from driving a commercial motor vehicle for a certain period of time if the individual 4
29+drives or attempts to drive any vehicle with a certain alcohol concentration in the 5
30+person’s blood or breath; and generally relating to disqualification from driving 6
31+commercial motor vehicles. 7
3132
32-Article – Transportation
33+BY repealing and reenacting, with amendments, 8
34+ Article – Transportation 9
35+ Section 16–812(a) 10
36+ Annotated Code of Maryland 11
37+ (2020 Replacement Volume and 2024 Supplement) 12
3338
34-16–812.
39+BY repealing and reenacting, without amendments, 13
40+ Article – Transportation 14
41+ Section 16–812(b) and (c) 15
42+ Annotated Code of Maryland 16
43+ (2020 Replacement Volume and 2024 Supplement) 17
3544
36- (a) The Administration shall disqualify any individual from driving a commercial
37-motor vehicle for a period of 1 year if:
45+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
46+That the Laws of Maryland read as follows: 19
3847
39- (1) The individual is convicted of committing any of the following offenses
40-while driving a commercial motor vehicle:
48+Article – Transportation 20 2 HOUSE BILL 189
4149
42- (i) A violation of § 21–902 of this article;
4350
44- (ii) A violation of a federal law or any other state’s law which is
45-substantially similar in nature to the provisions in § 21–902 of this article;
4651
47- (iii) Leaving the scene of an accident which requires disqualification
48-as provided by the United States Secretary of Transportation;
49- Ch. 49 2025 LAWS OF MARYLAND
52+16–812. 1
5053
51-– 2 –
52- (iv) A crime, other than a crime described in subsection (e) of this
53-section, that is punishable by imprisonment for a term exceeding 1 year;
54+ (a) The Administration shall disqualify any individual from driving a commercial 2
55+motor vehicle for a period of 1 year if: 3
5456
55- (v) A violation of § 25–112 of this article; or
57+ (1) The individual is convicted of committing any of the following offenses 4
58+while driving a commercial motor vehicle: 5
5659
57- (vi) A violation of § 2–209, § 2–503, § 2–504, § 2–505, or § 2–506 of
58-the Criminal Law Article;
60+ (i) A violation of § 21–902 of this article; 6
5961
60- (2) The individual holds a commercial instructional permit or commercial
61-driver’s license and is convicted of committing any of the following offenses while driving a
62-noncommercial motor vehicle:
62+ (ii) A violation of a federal law or any other state’s law which is 7
63+substantially similar in nature to the provisions in § 21–902 of this article; 8
6364
64- (i) A violation of § 21–902(a), (c), or (d) of this article;
65+ (iii) Leaving the scene of an accident which requires disqualification 9
66+as provided by the United States Secretary of Transportation; 10
6567
66- (ii) A violation of a federal law or any other state’s law which is
67-substantially similar in nature to the provisions in § 21–902(a), (c), or (d) of this article;
68+ (iv) A crime, other than a crime described in subsection (e) of this 11
69+section, that is punishable by imprisonment for a term exceeding 1 year; 12
6870
69- (iii) Leaving the scene of an accident which requires disqualification
70-as provided by the United States Secretary of Transportation; or
71+ (v) A violation of § 25–112 of this article; or 13
7172
72- (iv) A crime, other than a crime described in subsection (e) of this
73-section, that is punishable by imprisonment for a term exceeding 1 year;
73+ (vi) A violation of § 2–209, § 2–503, § 2–504, § 2–505, or § 2–506 of 14
74+the Criminal Law Article; 15
7475
75- (3) The individual, while driving a commercial motor vehicle or while
76-holding a commercial instructional permit or commercial driver’s license, refuses to
77-undergo testing as provided in § 16–205.1 of this title or as is required by any other state’s
78-law or by federal law in the enforcement of 49 C.F.R. § 383.51 Table 1, or 49 C.F.R. §
79-392.5(a)(2);
76+ (2) The individual holds a commercial instructional permit or commercial 16
77+driver’s license and is convicted of committing any of the following offenses while driving a 17
78+noncommercial motor vehicle: 18
8079
81- (4) The individual drives or attempts to drive a commercial motor vehicle
82-while the alcohol concentration of the person’s blood or breath is 0.04 or greater; [or]
80+ (i) A violation of § 21–902(a), (c), or (d) of this article; 19
8381
84- (5) THE INDIVIDUAL , WHILE HOLDING A COMM ERCIAL
85-INSTRUCTIONAL PERMIT OR COMMERCIAL DRIVER’S LICENSE, DRIVES OR
86-ATTEMPTS TO DRIVE AN Y MOTOR VEHICLE WHIL E THE ALCOHOL CONCEN TRATION
87-OF THE PERSON ’S BLOOD OR BREATH IS 0.08 OR GREATER; OR
82+ (ii) A violation of a federal law or any other state’s law which is 20
83+substantially similar in nature to the provisions in § 21–902(a), (c), or (d) of this article; 21
8884
89- [(5)] (6) The individual drives a commercial motor vehicle when, as a
90-result of prior violations committed while driving a commercial motor vehicle, the driver’s
91-commercial instructional permit or commercial driver’s license is revoked, suspended, or
92-canceled or the driver is disqualified from driving a commercial motor vehicle.
85+ (iii) Leaving the scene of an accident which requires disqualification 22
86+as provided by the United States Secretary of Transportation; or 23
9387
94- (b) If any of the offenses in subsection (a) of this section occurred while
95-transporting a hazardous material required to be placarded, the Administration shall
96-disqualify the individual for a period of 3 years.
97- WES MOORE, Governor Ch. 49
88+ (iv) A crime, other than a crime described in subsection (e) of this 24
89+section, that is punishable by imprisonment for a term exceeding 1 year; 25
9890
99-– 3 –
100- (c) The Administration shall disqualify any person from driving a commercial
101-motor vehicle for life for 2 or more violations of any of the offenses specified in subsection
102-(a) or (b) of this section, or any combination of those offenses, arising from 2 or more
103-separate incidents.
91+ (3) The individual, while driving a commercial motor vehicle or while 26
92+holding a commercial instructional permit or commercial driver’s license, refuses to 27
93+undergo testing as provided in § 16–205.1 of this title or as is required by any other state’s 28
94+law or by federal law in the enforcement of 49 C.F.R. § 383.51 Table 1, or 49 C.F.R. § 29
95+392.5(a)(2); 30
96+ HOUSE BILL 189 3
10497
105- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
106-October 1, 2025.
10798
108-Approved by the Governor, April 8, 2025.
99+ (4) The individual drives or attempts to drive a commercial motor vehicle 1
100+while the alcohol concentration of the person’s blood or breath is 0.04 or greater; [or] 2
101+
102+ (5) THE INDIVIDUAL , WHILE HOLDING A COMM ERCIAL 3
103+INSTRUCTIONAL PERMIT OR COMMERCIAL DRIVER ’S LICENSE, DRIVES OR 4
104+ATTEMPTS TO DRIVE AN Y MOTOR VEHICLE WHIL E THE ALCOHOL CONCEN TRATION 5
105+OF THE PERSON ’S BLOOD OR BREATH IS 0.08 OR GREATER; OR 6
106+
107+ [(5)] (6) The individual drives a commercial motor vehicle when, as a 7
108+result of prior violations committed while driving a commercial motor vehicle, the driver’s 8
109+commercial instructional permit or commercial driver’s license is revoked, suspended, or 9
110+canceled or the driver is disqualified from driving a commercial motor vehicle. 10
111+
112+ (b) If any of the offenses in subsection (a) of this section occurred while 11
113+transporting a hazardous material required to be placarded, the Administration shall 12
114+disqualify the individual for a period of 3 years. 13
115+
116+ (c) The Administration shall disqualify any person from driving a commercial 14
117+motor vehicle for life for 2 or more violations of any of the offenses specified in subsection 15
118+(a) or (b) of this section, or any combination of those offenses, arising from 2 or more 16
119+separate incidents. 17
120+
121+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
122+October 1, 2025. 19
123+
124+
125+
126+
127+Approved:
128+________________________________________________________________________________
129+ Governor.
130+________________________________________________________________________________
131+ Speaker of the House of Delegates.
132+________________________________________________________________________________
133+ President of the Senate.