Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 50 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 50 | |
5 | - | (Senate Bill 187) | |
6 | 2 | ||
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 | + | *sb0187* | |
8 | 9 | ||
9 | - | Drunk Driving – Commercial Driver’s Licenses – Disqualification From Driving | |
10 | + | SENATE BILL 187 | |
11 | + | R3 5lr0213 | |
12 | + | (PRE–FILED) CF HB 189 | |
13 | + | By: Chair, Judicial Proceedings Committee (By Request – Departmental – | |
14 | + | Transportation) | |
15 | + | Requested: October 9, 2024 | |
16 | + | Introduced and read first time: January 8, 2025 | |
17 | + | Assigned to: Judicial Proceedings | |
18 | + | Committee Report: Favorable | |
19 | + | Senate action: Adopted | |
20 | + | Read second time: January 24, 2025 | |
10 | 21 | ||
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. | |
22 | + | CHAPTER ______ | |
16 | 23 | ||
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) | |
24 | + | AN ACT concerning 1 | |
22 | 25 | ||
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) | |
26 | + | Drunk Driving – Commercial Driver’s Licenses – Disqualification From Driving 2 | |
28 | 27 | ||
29 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
30 | - | That the Laws of Maryland read as follows: | |
28 | + | FOR the purpose of requiring the Motor Vehicle Administration to disqualify any individual 3 | |
29 | + | from driving a commercial motor vehicle for a certain period of time if the individual 4 | |
30 | + | drives or attempts to drive any vehicle with a certain alcohol concentration in the 5 | |
31 | + | person’s blood or breath; and generally relating to disqualification from driving 6 | |
32 | + | commercial motor vehicles. 7 | |
31 | 33 | ||
32 | - | Article – Transportation | |
34 | + | BY repealing and reenacting, with amendments, 8 | |
35 | + | Article – Transportation 9 | |
36 | + | Section 16–812(a) 10 | |
37 | + | Annotated Code of Maryland 11 | |
38 | + | (2020 Replacement Volume and 2024 Supplement) 12 | |
33 | 39 | ||
34 | - | 16–812. | |
40 | + | BY repealing and reenacting, without amendments, 13 | |
41 | + | Article – Transportation 14 | |
42 | + | Section 16–812(b) and (c) 15 | |
43 | + | Annotated Code of Maryland 16 | |
44 | + | (2020 Replacement Volume and 2024 Supplement) 17 | |
35 | 45 | ||
36 | - | (a) The Administration shall disqualify any individual from driving a commercial | |
37 | - | motor vehicle for a period of 1 year if: | |
46 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 | |
47 | + | That the Laws of Maryland read as follows: 19 | |
48 | + | 2 SENATE BILL 187 | |
38 | 49 | ||
39 | - | (1) The individual is convicted of committing any of the following offenses | |
40 | - | while driving a commercial motor vehicle: | |
41 | 50 | ||
42 | - | ||
51 | + | Article – Transportation 1 | |
43 | 52 | ||
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; | |
53 | + | 16–812. 2 | |
46 | 54 | ||
47 | - | (iii) Leaving the scene of an accident which requires disqualification | |
48 | - | as provided by the United States Secretary of Transportation; | |
49 | - | Ch. 50 2025 LAWS OF MARYLAND | |
55 | + | (a) The Administration shall disqualify any individual from driving a commercial 3 | |
56 | + | motor vehicle for a period of 1 year if: 4 | |
50 | 57 | ||
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; | |
58 | + | (1) The individual is convicted of committing any of the following offenses 5 | |
59 | + | while driving a commercial motor vehicle: 6 | |
54 | 60 | ||
55 | - | ( | |
61 | + | (i) A violation of § 21–902 of this article; 7 | |
56 | 62 | ||
57 | - | ( | |
58 | - | the | |
63 | + | (ii) A violation of a federal law or any other state’s law which is 8 | |
64 | + | substantially similar in nature to the provisions in § 21–902 of this article; 9 | |
59 | 65 | ||
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: | |
66 | + | (iii) Leaving the scene of an accident which requires disqualification 10 | |
67 | + | as provided by the United States Secretary of Transportation; 11 | |
63 | 68 | ||
64 | - | (i) A violation of § 21–902(a), (c), or (d) of this article; | |
69 | + | (iv) A crime, other than a crime described in subsection (e) of this 12 | |
70 | + | section, that is punishable by imprisonment for a term exceeding 1 year; 13 | |
65 | 71 | ||
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; | |
72 | + | (v) A violation of § 25–112 of this article; or 14 | |
68 | 73 | ||
69 | - | ( | |
70 | - | ||
74 | + | (vi) A violation of § 2–209, § 2–503, § 2–504, § 2–505, or § 2–506 of 15 | |
75 | + | the Criminal Law Article; 16 | |
71 | 76 | ||
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; | |
77 | + | (2) The individual holds a commercial instructional permit or commercial 17 | |
78 | + | driver’s license and is convicted of committing any of the following offenses while driving a 18 | |
79 | + | noncommercial motor vehicle: 19 | |
74 | 80 | ||
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); | |
81 | + | (i) A violation of § 21–902(a), (c), or (d) of this article; 20 | |
80 | 82 | ||
81 | - | ( | |
82 | - | ||
83 | + | (ii) A violation of a federal law or any other state’s law which is 21 | |
84 | + | substantially similar in nature to the provisions in § 21–902(a), (c), or (d) of this article; 22 | |
83 | 85 | ||
84 | - | (5) THE INDIVIDUAL , WHILE HOLDING A COMMERCIAL | |
85 | - | INSTRUCTIONAL PERMIT OR COMMERCIAL D RIVER’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 | |
86 | + | (iii) Leaving the scene of an accident which requires disqualification 23 | |
87 | + | as provided by the United States Secretary of Transportation; or 24 | |
88 | 88 | ||
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. | |
89 | + | (iv) A crime, other than a crime described in subsection (e) of this 25 | |
90 | + | section, that is punishable by imprisonment for a term exceeding 1 year; 26 | |
93 | 91 | ||
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. 50 | |
92 | + | (3) The individual, while driving a commercial motor vehicle or while 27 | |
93 | + | holding a commercial instructional permit or commercial driver’s license, refuses to 28 | |
94 | + | undergo testing as provided in § 16–205.1 of this title or as is required by any other state’s 29 | |
95 | + | law or by federal law in the enforcement of 49 C.F.R. § 383.51 Table 1, or 49 C.F.R. § 30 | |
96 | + | 392.5(a)(2); 31 | |
97 | + | SENATE BILL 187 3 | |
98 | 98 | ||
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. | |
104 | 99 | ||
105 | - | | |
106 | - | ||
100 | + | (4) The individual drives or attempts to drive a commercial motor vehicle 1 | |
101 | + | while the alcohol concentration of the person’s blood or breath is 0.04 or greater; [or] 2 | |
107 | 102 | ||
108 | - | Approved by the Governor, April 8, 2025. | |
103 | + | (5) THE INDIVIDUAL , WHILE HOLDING A COMMERCIAL 3 | |
104 | + | INSTRUCTIONAL PERMIT OR COMMERCIAL DRIVER ’S LICENSE, DRIVES OR 4 | |
105 | + | ATTEMPTS TO DRIVE AN Y MOTOR VEHICLE WHIL E THE ALCOHOL CONCEN TRATION 5 | |
106 | + | OF THE PERSON ’S BLOOD OR BREATH IS 0.08 OR GREATER; OR 6 | |
107 | + | ||
108 | + | [(5)] (6) The individual drives a commercial motor vehicle when, as a 7 | |
109 | + | result of prior violations committed while driving a commercial motor vehicle, the driver’s 8 | |
110 | + | commercial instructional permit or commercial driver’s license is revoked, suspended, or 9 | |
111 | + | canceled or the driver is disqualified from driving a commercial motor vehicle. 10 | |
112 | + | ||
113 | + | (b) If any of the offenses in subsection (a) of this section occurred while 11 | |
114 | + | transporting a hazardous material required to be placarded, the Administration shall 12 | |
115 | + | disqualify the individual for a period of 3 years. 13 | |
116 | + | ||
117 | + | (c) The Administration shall disqualify any person from driving a commercial 14 | |
118 | + | motor vehicle for life for 2 or more violations of any of the offenses specified in subsection 15 | |
119 | + | (a) or (b) of this section, or any combination of those offenses, arising from 2 or more 16 | |
120 | + | separate incidents. 17 | |
121 | + | ||
122 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 18 | |
123 | + | October 1, 2025. 19 | |
124 | + | ||
125 | + | ||
126 | + | ||
127 | + | Approved: | |
128 | + | ________________________________________________________________________________ | |
129 | + | Governor. | |
130 | + | ________________________________________________________________________________ | |
131 | + | President of the Senate. | |
132 | + | ________________________________________________________________________________ | |
133 | + | Speaker of the House of Delegates. |