EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike out indicates matter stricken from the bill by amendment or deleted from the law by amendment. *sb0187* SENATE BILL 187 R3 5lr0213 (PRE–FILED) CF HB 189 By: Chair, Judicial Proceedings Committee (By Request – Departmental – Transportation) Requested: October 9, 2024 Introduced and read first time: January 8, 2025 Assigned to: Judicial Proceedings Committee Report: Favorable Senate action: Adopted Read second time: January 24, 2025 CHAPTER ______ AN ACT concerning 1 Drunk Driving – Commercial Driver’s Licenses – Disqualification From Driving 2 FOR the purpose of requiring the Motor Vehicle Administration to disqualify any individual 3 from driving a commercial motor vehicle for a certain period of time if the individual 4 drives or attempts to drive any vehicle with a certain alcohol concentration in the 5 person’s blood or breath; and generally relating to disqualification from driving 6 commercial motor vehicles. 7 BY repealing and reenacting, with amendments, 8 Article – Transportation 9 Section 16–812(a) 10 Annotated Code of Maryland 11 (2020 Replacement Volume and 2024 Supplement) 12 BY repealing and reenacting, without amendments, 13 Article – Transportation 14 Section 16–812(b) and (c) 15 Annotated Code of Maryland 16 (2020 Replacement Volume and 2024 Supplement) 17 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 That the Laws of Maryland read as follows: 19 2 SENATE BILL 187 Article – Transportation 1 16–812. 2 (a) The Administration shall disqualify any individual from driving a commercial 3 motor vehicle for a period of 1 year if: 4 (1) The individual is convicted of committing any of the following offenses 5 while driving a commercial motor vehicle: 6 (i) A violation of § 21–902 of this article; 7 (ii) A violation of a federal law or any other state’s law which is 8 substantially similar in nature to the provisions in § 21–902 of this article; 9 (iii) Leaving the scene of an accident which requires disqualification 10 as provided by the United States Secretary of Transportation; 11 (iv) A crime, other than a crime described in subsection (e) of this 12 section, that is punishable by imprisonment for a term exceeding 1 year; 13 (v) A violation of § 25–112 of this article; or 14 (vi) A violation of § 2–209, § 2–503, § 2–504, § 2–505, or § 2–506 of 15 the Criminal Law Article; 16 (2) The individual holds a commercial instructional permit or commercial 17 driver’s license and is convicted of committing any of the following offenses while driving a 18 noncommercial motor vehicle: 19 (i) A violation of § 21–902(a), (c), or (d) of this article; 20 (ii) A violation of a federal law or any other state’s law which is 21 substantially similar in nature to the provisions in § 21–902(a), (c), or (d) of this article; 22 (iii) Leaving the scene of an accident which requires disqualification 23 as provided by the United States Secretary of Transportation; or 24 (iv) A crime, other than a crime described in subsection (e) of this 25 section, that is punishable by imprisonment for a term exceeding 1 year; 26 (3) The individual, while driving a commercial motor vehicle or while 27 holding a commercial instructional permit or commercial driver’s license, refuses to 28 undergo testing as provided in § 16–205.1 of this title or as is required by any other state’s 29 law or by federal law in the enforcement of 49 C.F.R. § 383.51 Table 1, or 49 C.F.R. § 30 392.5(a)(2); 31 SENATE BILL 187 3 (4) The individual drives or attempts to drive a commercial motor vehicle 1 while the alcohol concentration of the person’s blood or breath is 0.04 or greater; [or] 2 (5) THE INDIVIDUAL , WHILE HOLDING A COMMERCIAL 3 INSTRUCTIONAL PERMIT OR COMMERCIAL DRIVER ’S LICENSE, DRIVES OR 4 ATTEMPTS TO DRIVE AN Y MOTOR VEHICLE WHIL E THE ALCOHOL CONCEN TRATION 5 OF THE PERSON ’S BLOOD OR BREATH IS 0.08 OR GREATER; OR 6 [(5)] (6) The individual drives a commercial motor vehicle when, as a 7 result of prior violations committed while driving a commercial motor vehicle, the driver’s 8 commercial instructional permit or commercial driver’s license is revoked, suspended, or 9 canceled or the driver is disqualified from driving a commercial motor vehicle. 10 (b) If any of the offenses in subsection (a) of this section occurred while 11 transporting a hazardous material required to be placarded, the Administration shall 12 disqualify the individual for a period of 3 years. 13 (c) The Administration shall disqualify any person from driving a commercial 14 motor vehicle for life for 2 or more violations of any of the offenses specified in subsection 15 (a) or (b) of this section, or any combination of those offenses, arising from 2 or more 16 separate incidents. 17 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18 October 1, 2025. 19 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.