2003 LEGISLATION

Drunk Driving and other Penalty Bills
Driver Licensing Bills
Vehicle Services Bills
Miscellaneous Bills

Drunk Driving and other Penalty Bills

Alcohol – or Drug-Related Offenses – Prohibition on Driving (John’s Law) - HB 6 / SB 383 (Chapter 376, Laws of 2003) . Prohibits a person who has been arrested for certain alcohol or drug-related driving offenses from driving for 12 hours after arrest. Eight points will be issued to the offender upon conviction.

Suspension of Driver’s License –Theft of Motor Fuel - HB 49 / SB 282 (Chapter 370, Laws of 2003). A person who is convicted for failing to pay for motor fuel after dispensing it into a vehicle is subject to a driver’s license suspension. For a first conviction, the MVA may suspend a person’s driver’s license for up to 30 days. A 30-day suspension is mandatory for a second and subsequent conviction. A licensee can request a hearing.

Drunk and Drugged Driving – Conditions of Probation - HB 347 / Senate Bill 427 (Chapter 248, Laws of 2003) . As a condition of probation for alcohol or drug related driving cases, the courts much impose the participation in an alcohol or drug treatment or education program approved by the Maryland Department of Health and Mental Hygiene, unless the defendant’s and the public’s interests do not require the condition. Also requires the driver to participate in the ignition interlock program.

Motor Vehicle Law – Railroad Grade Crossing Violations and Penalties - HB 1050 / SB 724 (Chapter 196, Laws of 2003) . Establishes requirements for commercial motor vehicle operators and their employers regarding railroad crossings.

Drunk and Drugged Driving - Subsequent Offender Penalties – Out of State Crimes - SB 380 / HB 94 (Chapters 243 and 244, Laws of 2003) . A crime committed in another state or federal jurisdiction, must be considered a prior offense as if it were committed in Maryland and it would constitute a violation of an alcohol or drug related driving offenses.

Drunk and Drugged Driving – Subsequent Offenders – Penalties - SB 405 (Chapter 246, Laws of 2003) . Eliminates community service as an option for punishment under the State’s repeat offender laws, thus mandating jail time. A person can enter an alcohol treatment program offered in an adjacent state or one approved by the court.

Driver Licensing Bills:

Vehicle Laws – Firefighters and Other Emergency Service Personnel – Exemption from Driver License Requirements - HB 67 (Chapter 274, Laws of 2003). Exempts firefighters and other emergency services personnel from obtaining a Maryland noncommercial class A and B driver’s license or learner’s permit. A member or employee of a fire department, rescue squad, emergency medical services unit or volunteer fire company is exempt while driving an emergency vehicle if the driver:

Holds a valid commercial class C license
Had been authorized by the authority jurisdiction to operate the type of emergency vehicle being driven; and
Is driving the emergency vehicle while performing official duties in Maryland.

Vehicle Laws – Driver’s Licenses – Suspension, Revocation or Refusal for Epilepsy - HB 685 (Chapter 171, Laws of 2003). Authorizes the Motor Vehicle Administration to suspend or revoke individuals’ driver’s license, or refuse or renew a license, for longer than 90 days if an individual’s driving may be adversely affected by a seizure. It would continue the current Maryland Medical Advisory Board authority to restrict the driving status of a person with medically diagnosed seizures. However, it would eliminate the current 90-day restriction, opting instead for a more flexible approach based on a medical assessment of the client’s medical condition and his or her capacity to drive.

Vehicle Laws – Driver’s Licenses – Licensing Documentation - HB 838 (Chapter 452, Laws of 2003). Requires a driver to provide their social security number when applying for a driver’s license, unless the applicant does not have one. If the applicant does not have one, the applicant must certify that fact on the application. A violation would be a misdemeanor subject to a maximum fine of $500 or imprisonment of up 2 months, or both.

Also establishes a 14-member task force to study driver licensing documentation.

Motor Vehicle Administration – Identification Cards for Children – Expiration Date - HB 876 (Chapter 876, Laws of 2003) Alters the length of a card to two years for those between 2 and 16 years of age from the current 5 years.

Vehicle Law – Commercial Driver’s License and Instructional Permit – Minimum Age - SB 105 (Chapter 9, Laws of 2003). Repeals the authority of the Motor Vehicle Administration to issue a commercial driver’s license or a commercial driver’s instructional permit to an individual under the age of 18. It also repeals the authority of the MVA to adopt regulations for interstate motor carrier transportation that could authorize a driver to be younger than 18 years of age.

Motor Vehicle Administration – Identification Cards – Cancellation - SB 109 (Chapter 109, Laws of 2003) Authorizes the Motor Vehicle Administration (MVA) to cancel an identification card if it determines that the holder:

Was not entitled to the identification card;
Failed to give the required or correct information in the identification card application;
Fraudulently applied for or obtained the identification card; or
Is otherwise in violation of specified provisions relating to fraud and misrepresentation in the applying for, or the use of, identification cards.

Motor Carrier Safety Regulations – Applicability of Medical and Certification Requirements - SB 759 (Chapter 268, Laws of 2003). Requires all intrastate drivers of motor vehicles used in commerce with a gross vehicle weight rating or gross combination weight of 10,001 or more to obtain and carry a US Department of Transportation medical certificate. Includes a 20-year “grandfather” waiver for drivers who have a non-qualifying condition but are otherwise qualified to operate these vehicles on October 1. 2003.

Vehicle Services Bills:

Vehicle Laws - Transfer of Registration – Temporary Registration Permit - HB 192 (Chapter 284, Laws of 2003). Extends to 60 days all temporary registration permits issued by a licensed motor vehicle dealer.

Special and Commemorative License Plates – Renewal Fee and Sunset - HB 493 / SB 638 (Chapter 398, Laws of 2003). Establishes an additional renewal fee for all Chesapeake Bay commemorative plates and provides for the redesign of the “Bay Plate.”

Vehicle Laws – Dealer Processing and Freight Charges - SB 438 / HB 454 (Chapter 249, Laws of 2003) Increases the maximum processing fee to $100. It also requires a dealer processing charge to be reasonable and reflect dealer expenses incurred for services rendered in connection with the vehicle’s sale. The dealer processing charge will be taxable and considered part of the total purchase price. The dealer must provide a written disclosure of the services rendered upon request by the purchaser. The freight charge must also be identified and advertised.

Maryland Trauma and Emergency Medical Response System – Funding and Structure - SB 479 (Chapter 385, Laws of 2003) Increases the vehicle registration fee $2.50 annually, and establishes the Maryland Trauma Physician Services Fund to subsidize uncompensated costs for physician costs associated with patients in the Maryland’s Trauma network. Reporting requirements mandate the Health Services Cost Review Commission to study care and reimbursement, and report to the General Assembly by December 31, 2004.

Miscellaneous Bills:

Qualified Hybrid Vehicles – Exemptions from Motor Vehicle Emissions Test and Inspection Requirements - HB 61 / SB 206 (Chapter 273, Laws of 2003). Exempts a hybrid vehicle from the Maryland Vehicle Emissions Inspection Program if its city fuel economy is at least 50 miles per gallon. The bill sunsets on September 30, 2006.

Harford County – Highways – Prohibition on Use for Solicitation - HB 154 / SB 197 (Chapter 219, Laws of 2003). Prohibits a person in Harford County from standing in a roadway, median divider or intersection to solicit money or donations of any kind from an occupant of a vehicle.

Washington County – Highways – Prohibition on Use for Solicitations - HB 1025 (Chapter 463, Laws of 2003) Prohibits a person in Washington County from standing in a roadway, median divider or intersection to solicit money or donations of any kinds form an occupant of a vehicle.

Natural Resources - Task Force to Study the Feasibility of Licensing Boaters – Establishment - HB 442 / SB 563 (Chapter 430, Laws of 2003). Establishes an 8-member task force to study the feasibility of licensing boaters.

Motor Vehicle Liability Insurance – Valuation of Motor Vehicles - HB 641 / SB 314 (Chapter 439, Laws of 2003). Requires the Maryland Insurance Commissioner to adopt regulations that establish standards and procedures for setting claims involving the total loss of a motor vehicle; and determining a vehicle’s total loss value.

Vehicle Laws – Pedestrian Right of Way – Crosswalks - HB 738 (Chapter 325, Laws of 2003). Requires the driver of a vehicle to stop when a pedestrian is crossing the roadway in a crosswalk. A pedestrian who unsafely crosses in the path of a vehicle is guilty of a misdemeanor and is subject to a maximum fine of $500. A driver who violates the provisions is guilty of a misdemeanor, assessed one point against the driver’s license, and is subject to a fine not to exceed $500, imprisonment of not more than 2 months, or both.

Vehicle Laws – Local Regulation of Parking – Motorcycles - HB 923 / SB 650 (Chapter 342, Laws of 2003). Clarifies that a political subdivision may not prohibit the parking of more than one motorcycle within a space served by a single parking meter.

Budget Reconciliation and Financing Act of 2003 - HB 935 (Chapter 203, Laws of 2003). Maryland may not license any business persons or businesses when it is determined that they have not paid mandated state taxes. In the MVA, this provision affects vehicle dealers, vehicle salesmen, salvage businesses, driver education businesses and instructors. The provision does not impact any driver’s license holders or vehicle registrations.

Private Passenger Motor Vehicle Insurance – Underwriting Standards – Statistical Validation - HB 1125 / SB 725 (Chapter 472, Laws of 2003). A motor vehicle insurer can cancel or refuse to underwrite or renew a particular insurance risk for driving or attempting to drive while:

Under the influence of alcohol;
Impaired by drugs and alcohol; or
Impaired by a controlled dangerous substance.

Vehicle Laws - Traffic Control Signal Monitoring Systems – Yellow Signals and Minimum Speed Thresholds - SB 193 (Chapter 218, Laws of 2003) An agency responsible for the control of traffic at an intersection monitored by a red light camera must ensure that the length of time that a yellow light is displayed before changing to a red light is set in accordance with regulations adopted by the Maryland Highway Administration. Also establishes a minimum speed threshold of 12 miles per hour for the system, below which a recorded image of the vehicle is not produced.

Public Records – Motor Vehicle Records – Access by Hospitals - SB 284 (Chapter 19, Laws of 2003) The Motor Vehicle Administration must disclose the personal information related to the ownership of a vehicle parked on hospital property for hospital security.