reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.08 - Driver's License Suspension and Restrictions for Child Support Noncompliance › Section 11.11.08.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administration" means the Motor Vehicle
				Administration.
(2) "CSEA" means
				the Child Support Enforcement Administration of the Department of Human
				Resources.
(3) "Gainfully employed'
				means:
(a) To have employment with private
				industry or a government agency, or to be self-employed;
(b) If not self-employed to have to complete
				an Employee Withholding Allowance Certificate (Form W-4, Internal Revenue
				Service); and
(c) To file State and
				federal income tax returns.
(4) "Work-restricted license" means a
				driver's license issued for the purpose of driving:
(a) Directly to and from a scheduled work
				shift at the individual's place of employment;
(b) During scheduled work shifts in the
				course of employment; or
(c) When
				purchasing motor vehicle fuel or providing general maintenance for the
				individual's vehicle being driven for employment purposes.
(5) "Work-restricted privilege" means the
				privilege to operate a motor vehicle in the State for the purpose of driving:
(a) Directly to and from a scheduled work
				shift at the individual's place of employment;
(b) During scheduled work shifts in the
				course of employment; or
(c) When
				purchasing motor vehicle fuel or providing general maintenance for the
				individual's vehicle being driven for employment purposes.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.08 - Driver's License Suspension and Restrictions for Child Support Noncompliance › Section 11.11.08.03 - Notice of Suspension

Current through Register Vol. 51, No. 14, July 12, 2024
A notice of a proposed suspension by the Administration of an
				  individual's driver's license or driving privilege for child support
				  noncompliance shall:
A. Be in
				writing;
B. Be personally served on
				the individual or sent by U.S. mail to the individual at the address of the
				individual on record with the Administration;
C. State the duration of the suspension;
				and
D. Advise the individual:
(1) Of the right, within 10 business days of
				the notice date, to file a written request for a hearing before the
				Administration, and
(2) That any
				hearing shall be limited to the issue of mistaken identity.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.08 - Driver's License Suspension and Restrictions for Child Support Noncompliance › Section 11.11.08.04 - Work-Restricted License or Privilege

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				A work-restricted driver's license may be issued or work-restricted privilege
				authorized by the Administration if the individual certifies that the
				individual understands the restriction conditions set forth in §B of this
				regulation.
B. Conditions of
				Work-Restricted License or Privilege.
(1)
				Individuals shall be gainfully employed.
(2) Individuals shall operate a motor vehicle
				only for the purposes described in Regulation .02B(4) or (5) of this chapter,
				and may not operate a motor vehicle for any other purpose.
(3) A work-restricted license or privilege
				shall be valid only when no other suspensions, cancellations, revocations,
				refusals, or disqualifications exist against the individual's driver's
				license.
(4) A work-restricted
				license issued under this chapter shall be cancelled by the Administration if:
(a) The Administration receives notice from
				CSEA to remove the work restriction; or
(b) The driver's license of the individual is
				suspended, cancelled, revoked, or refused, or the individual is
				disqualified.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.09 - Access to Public Motor Vehicle Administration Record › Section 11.11.09.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to comply with the Maryland
				  Public Information Act, General Provisions Article, Title 4, Annotated Code of
				  Maryland, and with the federal Driver's Privacy Protection Act of 1994
				  (18 U.S.C. §
										2721 et seq.) in order to:
A. Maintain the confidentiality of motor
				vehicle drivers' records including personal information; and
B. Establish procedures for applicants to
				obtain records eligible to be disclosed.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.09 - Access to Public Motor Vehicle Administration Record › Section 11.11.09.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Act" means the Maryland Public
				Information Act, General Provisions Article, Title 4, Annotated Code of
				Maryland.
(2) "Administration"
				means the Motor Vehicle Administration.
(3) "Applicant" has the meaning stated in
				General Provisions Article, §
										4-101, Annotated
				Code of Maryland.
(4) "Certified
				record" means a motor vehicle record certified by the Administration that is
				admissible in any judicial proceeding in the same manner as the original
				record, whose contents and time period covered may vary depending upon the
				eligibility of the requester under the General Provisions Article, §
										4-320, and
				Transportation Article, §
										12-111, Annotated Code
				of Maryland.
(5) "Custodian" has
				the meaning stated in General Provisions Article, §
										4-101, Annotated
				Code of Maryland.
(6) "Government
				agency" means an agency or unit of the federal, state, or local government,
				including a law enforcement agency.
(7) "Noncertified record" means a motor
				vehicle record provided by the Administration generally used for informational
				purposes that may or may not be used in judicial proceedings.
(8) "Person in interest" has the meaning
				stated in General Provisions Article, §
										4-101, Annotated
				Code of Maryland.
(9) "Personal
				information" has the meaning stated in General Provisions Article, §
										4-101, Annotated
				Code of Maryland.
(10) "Public
				record" has the meaning stated in General Provisions Article, §
										4-101, Annotated
				Code of Maryland.
(11) "Records"
				means:
(a) Accident reports;
(b) Administrative hearing records and
				exhibits;
(c) Alcohol education
				client records;
(d) Applications
				and other related documents;
(e)
				Certificates or other documents issued by the Administration;
(f) Correspondence and reports related to the
				records listed in §B(11)(a)-(e) and (g)-(m) of this regulation;
(g) Driver improvement client
				records;
(h) Driver record
				histories or other related documents;
(i) Financial responsibility judgment case
				records;
(j) Insurance
				certification documents and uninsured motorist complaint records;
(k) Vehicle identification numbers;
(l) Vehicle registration records;
				and
(m) Vehicle titles.
(12) "Specific identifier" means
				personal information that identifies an individual or person of interest
				including that individual's name, address, telephone number, driver's license
				number, email address, or any other identifying data or number.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.09 - Access to Public Motor Vehicle Administration Record › Section 11.11.09.02-1 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to
				Transportation Article, §
									12-111, Annotated Code
				of Maryland, the Administration shall keep a record of each application or
				other document with it and each certificate or other official document that it
				issues.
B. Pursuant to
				Transportation Article, §
									16-117, Annotated Code
				of Maryland, the Administration shall keep a drivers' record file, which,
				except as otherwise provided, shall be open for public inspection.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.09 - Access to Public Motor Vehicle Administration Record › Section 11.11.09.03 - Record Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant
				may request an individual's public record by completing a record request form
				furnished by the Administration which shall include the:
(1) Name of the applicant;
(2) Signature of the applicant;
(3) Business name of the applicant, if
				applicable;
(4) Address of the
				applicant or business;
(5) Name of
				the record requested;
(6) Reason
				for the request; and
(7) Record
				identification number, such as:
(a) Driver's
				license or Soundex, or
(b) Vehicle
				registration.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.09 - Access to Public Motor Vehicle Administration Record › Section 11.11.09.04 - Record Access

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General.
				Pursuant to Transportation Article, §
									12-111, Annotated Code
				of Maryland, subject to General Provisions Article, §
									4-320, Annotated
				Code of Maryland, and except as otherwise provided by law, all records of the
				Administration are public records and open to public inspection during office
				hours.
B. Records Not Open to
				Public Inspection. Pursuant to Transportation Article, §§
									12-111,
				16-117, and
				16-118, Annotated Code
				of Maryland, the following records are not open to public inspection:
(1) A driving record entry that is over 3
				years old;
(2) A digital or
				photographic image or signature;
(3) A record or notation of probation before
				judgment;
(4) A record of a first
				offense of driving with an alcohol concentration of 0.08 or more under
				Transportation Article, §
										16-205.1, Annotated
				Code of Maryland; and
(5) Records
				of the Medical Advisory Board.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.09 - Access to Public Motor Vehicle Administration Record › Section 11.11.09.05 - Waiver Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
At the discretion of the custodian, a public record
				  containing personal information may be released to an applicant not otherwise
				  authorized to receive the information when the applicant:
A. Submits, from the person in interest, a
				notarized written consent;
B. Is
				the cosigner for driver licensing while the person in interest is younger than
				18 years old; or
C. Applying for a
				vehicle registration renewal:
(1) Presents a
				registration renewal application signed by the person in interest; or
(2) If applying for renewal as co-owner of
				the vehicle, furnishes identification showing the same address as the other
				vehicle co-owner.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.09 - Access to Public Motor Vehicle Administration Record › Section 11.11.09.06 - Disclosure Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided in General Provisions Article, §
									4-320, Annotated
				Code of Maryland, the Administration shall deny disclosure of personal
				information and specific identifiers.
B. Disclosure of personal information may be
				denied if the custodian determines that the requested information is to be used
				for purposes other than those specified in General Provisions Article, §
									4-320(e)
				and (f), Annotated Code of Maryland.
C. Except as provided in General Provisions
				Article, §
									4-320, Annotated
				Code of Maryland, if a record subject to disclosure contains personal
				information or specific identifiers, the personal information and specific
				identifiers shall be redacted prior to disclosing the record.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.09 - Access to Public Motor Vehicle Administration Record › Section 11.11.09.07 - Disclosure Consent or Withdrawal of Consent

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person in interest may consent, or
				subsequently withdraw consent, to disclose personal information.
B. The consent or withdrawal of consent shall
				be in writing and mailed or delivered to the Administration's Official
				Custodian. The request shall include:
(1)
				Soundex or driver's license number;
(2) Full name;
(3) Date of birth;
(4) Signature; and
(5) A photocopy of the person in interest's
				last Maryland driver's license or identification card on record with the
				custodian.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.09 - Access to Public Motor Vehicle Administration Record › Section 11.11.09.08 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fees for Driver
				and Vehicle Records. The fees for individual driver and vehicle records shall
				be as set forth in COMAR
				11.11.05.06B.
B. Fees for Copies of Records
				Requested Under the Maryland Public Information Act.
(1) The fee schedule for copying records is
				as follows.
(a) Black and White Copies. The
				fee for each black and white copy of a noncertified record is 3.5 cents per
				page if reproduction is made by a photocopying machine within the
				Administration.
(b) Color Copies.
				The fee for each color copy of a noncertified record is 15 cents per page if
				reproduction is made by a photocopying machine within the
				Administration.
(c) Certified
				Copies. If an applicant requests a certified record, an additional fee of $3
				per record shall be charged.
(d)
				Other Reproductions. If records are not susceptible to photocopying (for
				example, punch cards, magnetic tapes, blueprints, and microfilm), the fee for
				copies shall be based on the actual cost of reproduction.
(e) Minimum Fee Charged. A charge may not be
				made if the total amount of the fee is less than $10.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.10 - Vehicle Registration Refusal and Driver's License Suspension for Outstanding Warrants › Section 11.11.10.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter contains procedures governing the refusal to
				  register or transfer registration and for the suspension of the driver's
				  license or privilege to drive of an individual who has an outstanding warrant,
				  pursuant to Transportation Article, §§
									13-406.1 and
				  16-204, Annotated Code
				  of Maryland.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.10 - Vehicle Registration Refusal and Driver's License Suspension for Outstanding Warrants › Section 11.11.10.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administration" means the Motor Vehicle
				Administration.
(2) "Law
				enforcement agency" has the meaning stated in Transportation Article, §
										13-406.1, Annotated
				Code of Maryland.
(3) "License" has
				the meaning stated in Transportation Article, §
										11-128, Annotated Code
				of Maryland.
(4) "Outstanding
				warrant" has the meaning stated in Transportation Article, §
										13-406.1, Annotated
				Code of Maryland.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.10 - Vehicle Registration Refusal and Driver's License Suspension for Outstanding Warrants › Section 11.11.10.03 - Reporting Outstanding Warrant Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. A participating law enforcement agency is
				responsible for transmitting outstanding warrant information to the
				Administration in a format specified by the Administration.
B. A participating law enforcement agency may
				not report outstanding warrant information to the Administration until:
(1) The outstanding warrant is 31 days old or
				older; and
(2) The law enforcement
				agency has made at least one attempt to serve the warrant, but failed to serve
				the individual named in the outstanding warrant due to the inability to locate
				the individual.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.10 - Vehicle Registration Refusal and Driver's License Suspension for Outstanding Warrants › Section 11.11.10.04 - Registration Refusal and License Suspension

Current through Register Vol. 51, No. 14, July 12, 2024
Upon notification from a participating law enforcement agency
				  that an individual has an outstanding warrant, the Administration shall:
A. Refuse to register or transfer the
				registration of any vehicle owned by the individual; and
B. Suspend the driver's license or driving
				privilege of the individual.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.10 - Vehicle Registration Refusal and Driver's License Suspension for Outstanding Warrants › Section 11.11.10.05 - Notice of Proposed Action

Current through Register Vol. 51, No. 14, July 12, 2024
Before refusing to register or transfer a vehicle
				  registration and suspending the driver's license or privilege to drive of an
				  individual with an outstanding warrant, the Administration shall send notice to
				  the individual. The notice shall:
A.
				Be in writing;
B. Be personally
				served on the individual or sent by U.S. mail to the individual at the address
				on record with the Administration; and
C. Advise the individual:
(1) That the registration or transfer of any
				vehicle owned by the individual has been refused and their driver's license or
				privilege to drive has been suspended;
(2) Of the right to contest, within 15 days
				of the notice date, by making a written request for an administration
				hearing;
(3) That the hearing
				request under this section shall be limited to the issue of mistaken identity;
				and
(4) To contact the reporting
				law enforcement agency to resolve any questions regarding the outstanding
				warrant.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.10 - Vehicle Registration Refusal and Driver's License Suspension for Outstanding Warrants › Section 11.11.10.06 - Reinstatement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Administration shall continue to refuse to register or transfer a vehicle
				registration and to suspend the driver's license or privilege to drive of an
				individual with an outstanding warrant until:
(1) The Administration is ordered by a court
				to register or transfer the vehicle registration and reinstate the driver's
				license or privilege to drive of the individual; or
(2) The participating law enforcement agency
				notifies the Administration that:
(a) The
				individual named in the outstanding warrant has been arrested; or
(b) The outstanding warrant has been
				satisfied.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.11 - Ignition Interlock Vehicle Exemption for Financial Hardship › Section 11.11.11.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to establish the eligibility
				  criteria to be used in determining when a financial hardship exists that may
				  exempt a repeat alcohol offender from the requirement of having an ignition
				  interlock system installed and maintained on each vehicle owned or co-owned by
				  the offender.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.11 - Ignition Interlock Vehicle Exemption for Financial Hardship › Section 11.11.11.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administration" means the Motor Vehicle
				Administration or the Office of Administrative Hearings.
(2) "Administrative law judge" means a person
				authorized to conduct administrative hearings under State Government Article,
				Title 9, Subtitle 16, Annotated Code of Maryland.
(3) "Financial hardship" means documented
				proof:
(a) Acceptable to an administrative law
				judge, the Administration, or an approved ignition interlock vendor that a
				person is eligible for or receiving assistance under the provisions of COMAR
				07.02.04.03AA and
				B, 07.03, 07.06.06, 07.06.09, 10.02.03, 10.09.24, 10.09.25, or 10.22.01, or
				under the provisions of Health-General Article, §§7-406, 7-503,
				7-801(3), 7-802(d), or 10-708, Annotated Code of Maryland; or
(b) That a person meets the income guidelines
				for the Federal Supplemental Nutrition Assistance Program or the Maryland Food
				Supplement Program.
(4)
				"Repeat alcohol offender" means a person who has been convicted of more than
				one violation of Transportation Article, §
										21-902(a),
				Annotated Code of Maryland, within a 5-year period.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.11 - Ignition Interlock Vehicle Exemption for Financial Hardship › Section 11.11.11.03 - Vehicle Exemption

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a
				repeat alcohol offender receives notification from the Administration of the
				requirement to install and maintain an ignition interlock system on all
				vehicles owned and co-owned under Transportation Article, §
									16-205, Annotated Code
				of Maryland, the offender may request a hearing to present evidence of
				financial hardship so that the vehicle or vehicles may be considered for
				exemption from the requirement.
B.
				A repeat alcohol offender requesting a vehicle exemption due to a financial
				hardship shall submit a written request for a hearing with a request for
				consideration for a vehicle exemption due to a financial hardship within 15
				days of the notice date.
C. The
				repeat offender shall provide documented proof of financial hardship as defined
				in Regulation .02 of this chapter to be considered by the administrative law
				judge at the administrative hearing.
D. The Administration shall deny any request
				for an ignition interlock vehicle exemption due to a financial hardship if the
				person does not submit a timely request for a hearing within 15 days of the
				notice date.
E. At the
				administrative hearing the administrative law judge shall consider a request
				for exemption of a vehicle or vehicles owned and co-owned by the repeat alcohol
				offender, if the offender meets the criteria for a financial
				hardship.
F. The repeat offender
				has the burden of proof of a financial hardship.
G. If an administrative law judge determines
				that a repeat offender has a financial hardship, the Administration shall
				exempt any vehicle designated by the administrative law judge from the
				requirement of installing and maintaining an ignition interlock system on the
				designated vehicle.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.12 - Commercial Driver's License Disqualification and Cancellation › Section 11.11.12.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to establish:
A. Procedures for the disqualification of
				commercial vehicle driving privileges for convictions of certain offenses
				determined by State and federal law as serious violations;
B. The period of disqualification for serious
				violations under this chapter;
C.
				Procedures for an emergency disqualification;
D. Conditions for reinstatement and denial of
				a lifetime disqualification; and
E.
				Requirements to comply with federal regulations that were created to ensure
				uniformity among commercial driver license systems and to reduce or prevent
				commercial vehicle accidents, fatalities, and injuries.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.12 - Commercial Driver's License Disqualification and Cancellation › Section 11.11.12.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administration" means the Motor Vehicle
				Administration.
(2) "Cancel" has the
				meaning stated in Transportation Article, §
										11-107, Annotated Code
				of Maryland.
(3) "Commercial
				driver's license" has the meaning stated in Transportation Article, §
										11-109, Annotated Code
				of Maryland.
(4) "Commercial motor
				vehicle" has the meaning stated in Transportation Article, §
										16-803, Annotated Code
				of Maryland.
(5) "Disqualification"
				has the meaning stated in 49
				CFR §
											383.5.
(6) "Imminent hazard" has the meaning stated
				in 49 CFR §
											383.5.
(7) "Serious traffic violation" has the
				meaning stated in 49 CFR
				§
											383.5.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.12 - Commercial Driver's License Disqualification and Cancellation › Section 11.11.12.03 - Disqualification for Serious Traffic Violations

Current through Register Vol. 51, No. 14, July 12, 2024
A. A driver or holder of a commercial
				driver's license shall be disqualified from operating a commercial motor
				vehicle for a period of 60 days for a second conviction of any combination of
				serious traffic violations incurred in a separate incident within a 3-year
				period while operating a:
(1) Commercial motor
				vehicle; or
(2) Noncommercial motor
				vehicle if the conviction results in the revocation, cancellation, refusal, or
				suspension of the individual's driver's license or privilege to
				drive.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.12 - Commercial Driver's License Disqualification and Cancellation › Section 11.11.12.04 - Disqualification for Major Traffic Violations

Current through Register Vol. 51, No. 14, July 12, 2024
A driver or holder of a commercial driver's license shall be
				  disqualified from operating a commercial motor vehicle for a major traffic
				  violation for 1 year, 3 years, or for life as specified in
				  49 CFR §
										383.51(b).
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.12 - Commercial Driver's License Disqualification and Cancellation › Section 11.11.12.05 - Emergency Disqualification

Current through Register Vol. 51, No. 14, July 12, 2024
A. On
				notification from the Federal Motor Carrier Safety Administration that a driver
				has been determined to constitute an imminent hazard and has been disqualified
				pursuant to 49 CFR §
										383.52, the Administration shall enter the
				disqualification on the driver's record.
B. A driver who is simultaneously
				disqualified under 49 CFR
				§
										383.52 and under the provisions of any
				other federal regulation or State law or regulation shall serve those
				disqualification periods concurrently.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.12 - Commercial Driver's License Disqualification and Cancellation › Section 11.11.12.06 - Lifetime Disqualification Reinstatement

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual with a lifetime
				disqualification may request reinstatement of the individual's commercial
				driving privilege if:
(1) A 10-year
				disqualification period has expired from the date of the lifetime
				disqualification;
(2) The
				individual has voluntarily entered and successfully completed the approved
				rehabilitation program or programs required by the Administration;
(3) The individual had a valid driver's
				license during that 10-year period;
(4) The individual has no record of any
				moving violations during the lifetime disqualification period; and
(5) The individual has met all the
				reinstatement requirements under
				49 CFR §
											383.51.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.12 - Commercial Driver's License Disqualification and Cancellation › Section 11.11.12.07 - Licensing Limitations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Administration may not issue any type of temporary, conditional, or work
				restricted license permitting an individual to drive a commercial motor vehicle
				during any period in which the individual's driving privilege is disqualified,
				refused, cancelled, suspended, or revoked in this or any other state in
				accordance with Transportation Article, §
									16-808, Annotated Code
				of Maryland, and 49 CFR
				§
										384.210.
B. An applicant for a commercial driver's
				license with a restriction imposed under Transportation Article, §
									16-113(a)(1),
				Annotated Code of Maryland shall be issued a commercial driver's license with
				the restriction if it is determined by the Medical Advisory Board that the
				individual is physically qualified to operate a commercial motor
				vehicle.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.12 - Commercial Driver's License Disqualification and Cancellation › Section 11.11.12.08 - Notification of Disqualification

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				After disqualifying a nonresident driver from operating a commercial motor
				vehicle, the Administration shall notify the licensing authority of the state
				that issued the commercial driver's license. The notice of disqualification
				shall:
(1) Be sent within 10 days of the
				disqualification; and
(2) Include
				the violation that resulted in the disqualification.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.12 - Commercial Driver's License Disqualification and Cancellation › Section 11.11.12.09 - Cancellation for Failure to Submit Current Medical Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a commercial
				driver's license holder fails to submit their medical certification as required
				under 49 CFR §§
										391.43 and
				391.45, the Administration shall
				cancel the commercial driver's license privilege of the holder.
B. The Administration may immediately
				reinstate the noncommercial Class C privilege of the driver in accordance with
				Transportation Article, §
									16-812(o),
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.13 - Ignition Interlock Program › Section 11.11.13.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The Ignition Interlock System Program established by the
				  Administration under Transportation Article, §
									16-404.1, Annotated
				  Code of Maryland, requires certain individuals who are convicted of a certain
				  offense under certain circumstances to participate in the Program, requires
				  certain individuals to participate in the Program as a condition of
				  modification of a license suspension or revocation, and allows certain
				  individuals with an alcohol-related driving offense or conviction to
				  participate in the Program as a condition of continued licensure. The purpose
				  of this chapter is to establish the eligibility requirements for participation
				  in the Program, to monitor the participants, and to define the administrative
				  action to be taken if a participant violates the conditions or requirements of
				  the Program.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.13 - Ignition Interlock Program › Section 11.11.13.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administration" means the Maryland Motor
				Vehicle Administration.
(2)
				"Approved service provider" or "service provider" has the meaning stated in
				Transportation Article, §
										16-404.1, Annotated
				Code of Maryland.
(3) "BAC" means
				the breath alcohol concentration determined by a breath analyzer that measures
				the amount of alcohol in an individual's breath.
(4) "Ignition interlock device" or "interlock
				device" means an ignition interlock system as defined under Transportation
				Article, §
										21-902.2, Annotated
				Code of Maryland.
(5) "Interlock"
				means the mechanism by which a motor vehicle is prevented from starting when
				the test result of an individual's breath alcohol analysis exceeds a preset
				alcohol concentration level.
(6)
				"Participant" means an individual enrolled in the Ignition Interlock System
				Program.
(7) "Program" means the
				Ignition Interlock System Program established by the Administration under
				Transportation Article, §
										16-404.1, Annotated
				Code of Maryland.
(8) "Reporting
				period" means the time period that begins at the time of installation of the
				ignition interlock device and reoccurs every 30 days thereafter until the
				successful completion of the Program.
(9) "Service Provider Certification" means an
				electronic verification that the data recorded by the device, and certified as
				accurate by the participant's approved service provider, and transmitted to the
				Administration in the 3 consecutive months prior to the participant's
				completion date did not contain any of the violations specified in
				Transportation Article, §
										16-404.1(n),
				Annotated Code of Maryland.
(10)
				"Successful completion" means satisfactorily fulfilling all the conditions for
				participation in the Program and the Administration is in receipt of the
				Service Provider Certification.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.13 - Ignition Interlock Program › Section 11.11.13.03 - Requirements for Enrollment in the Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. To enroll as a participant in the Program,
				an individual shall:
(1) Have a valid
				Maryland license that is not currently suspended, revoked, cancelled, or
				refused in this or any other state;
(2) Notify the Administration, in writing, of
				the individual's choice to participate in the Program;
(3) Have an interlock device installed in the
				individual's vehicle by an approved service provider;
(4) Surrender all Maryland driver's licenses,
				including a temporary license, or submit a signed statement certifying no
				driver's license is in the individual's possession;
(5) Submit the service provider's completed
				sealed enrollment form to a full service Administration office;
(6) Pay the required ignition interlock
				participation fee as set forth in COMAR 11.11.05; and
(7) Obtain a driver's license with an
				interlock-restriction.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.13 - Ignition Interlock Program › Section 11.11.13.04 - Violations of the Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. A participant is in violation of the
				Program requirements if the individual:
(1)
				Receives a suspension, revocation, refusal, or cancellation of the individual's
				driving privilege;
(2) Has the
				interlock device installed in a vehicle with an expired or invalid
				registration;
(3) Removes the
				interlock device without prior approval from the Administration;
(4) Operates a vehicle without an ignition
				interlock device installed in the vehicle;
(5) Tampers with, bypasses, damages, or
				otherwise removes or renders the ignition interlock device inoperable, or
				allows another individual to tamper with, bypass, or render the device
				inoperable;
(6) Attempts to start or
				operate a vehicle with a breath alcohol concentration greater than 0.025
				percent, unless there is a subsequent test reading within 10 minutes that
				indicates a breath alcohol concentration below 0.026 percent;
(7) Fails to submit to a retest after
				starting the vehicle;
(8) Fails to
				operate the interlock-equipped vehicle at least 50 times during a reporting
				period as recorded on the interlock device;
(9) Fails to take the interlock-equipped
				vehicle to a scheduled monthly monitoring appointment with the service provider
				as set forth in Regulation .03F of this chapter;
(10) Fails to abide by the terms and
				conditions of the participant's agreement with the service provider;
(11) Allows another individual to blow into
				the interlock device while the participant is operating the vehicle;
(12) Participates in any other act or use of
				the interlock device that poses a threat to highway safety; or
(13) Receives an Order of Suspension under
				Transportation Article, §
										16-205.1, Annotated
				Code of Maryland.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.13 - Ignition Interlock Program › Section 11.11.13.05 - Removal from the Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				Administration may remove a participant from the Program and reinstate the
				original suspension or revocation if the Administration finds any violation of
				the Program requirements set forth in Regulation .04 of this chapter.
B. The Administration may extend the
				participant's required period of participation in the Program by 30 days
				instead of removal for a violation set forth in Regulation .04 of this
				chapter.
C. The Administration
				shall remove any participant who is in violation of Program requirements during
				more than three monthly monitoring cycles.
D. The Administration shall notify the
				participant of the removal from the Program and reinstatement of a suspension
				or revocation, or of the Administration's decision to extend the participant's
				required period of participation in the Program.
E. Credit for the time served in the Program
				is not given to a participant removed from the Program before successfully
				completing the individual's required period of participation.
F. If a person is removed from the program
				before successfully completing the program, that person may request that the
				Administration allow re-enrollment and entry into the program no earlier than
				30 days from the date of the participant's removal.
G. A person who re-enters the program
				pursuant to this regulation shall be required to complete the full original
				period of assignment to the interlock program.
H. A person who fails to successfully
				complete the Program will not receive credit towards future participation in
				the program arising from the same incident.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.13 - Ignition Interlock Program › Section 11.11.13.06 - Response to Notice of Violation

Current through Register Vol. 51, No. 14, July 12, 2024
The Administration may determine that a violation did not
				  occur on receipt of verified documentation or other information satisfactory to
				  the Administration from:
A. The
				participant, within 15 days of the notice of violation date, explaining why the
				participant contends the violation was not committed; or
B. The participant's interlock service
				provider, indicating a reported violation resulted from a malfunction of the
				installed device for which the participant was not responsible.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.13 - Ignition Interlock Program › Section 11.11.13.07 - Hearing Rights

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				individual participating in the program who is notified by the Administration
				that the individual will be removed for violations of the Program under this
				chapter, may:
(1) Request a hearing on the
				suspension or revocation resulting from the removal from the Program;
				and
(2) Have the suspension held in
				abeyance pending the outcome of the administrative hearing.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.13 - Ignition Interlock Program › Section 11.11.13.08 - Referral to Medical Advisory Board

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter does not limit the Administration's authority
				  to:
A. Refer a participant to the
				Medical Advisory Board; or
B.
				Require that a participant in the Program be actively enrolled in or have
				completed a certified alcohol treatment or substance abuse program.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.13 - Ignition Interlock Program › Section 11.11.13.09 - Successful Completion

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				individual has successfully completed the Program when:
(1) The participant satisfactorily fulfilled
				all the conditions for participation in the Program; and
(2) The Administration is in receipt of the
				Service Provider Certification as required in Transportation Article, §
										16-404.1(n),
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.14 - Service of Process for Nonresident Drivers › Section 11.11.14.01 - Purpose and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Under
				Courts and Judicial Proceedings, §6-313, Annotated Code of Maryland, the
				Administration shall serve as the agent to receive a subpoena, summons, or
				other process for a nonresident driver named in an action brought in a court of
				this State related to an accident or collision involving a motor vehicle
				occurring within the State of Maryland on or after October 1, 2008. The purpose
				of this chapter is to establish regulations to implement the service of process
				for nonresident drivers.
B. To the
				extent this chapter conflicts with any other provisions of this title, the
				provisions of this chapter shall prevail.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.14 - Service of Process for Nonresident Drivers › Section 11.11.14.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administration" means the Motor Vehicle
				Administration.
(2) "Certification
				of last known residence" means a form required by the Administration stating
				the last known address of the nonresident as certified by the party or party's
				attorney of record seeking to serve the Administration as statutory agent on
				behalf of the nonresident.
(3)
				"Motor vehicle" has the meaning stated in Transportation Article, §
										11-135, Annotated Code
				of Maryland.
(4) "Investigation
				Division" means the Investigation Division of the Motor Vehicle
				Administration.
(5) "Nonresident"
				has the meaning stated in Transportation Article, §
										11-139, Annotated Code
				of Maryland.
(6) "Nonresident motor
				vehicle cases" means court cases involving motor vehicle accidents or
				collisions by nonresident drivers in which the Administration is authorized by
				law to accept service of process, as stated in Transportation Article, §
										12-104(f),
				Annotated Code of Maryland, and this chapter.
(7) "Service of process" means the service of
				a summons, subpoena, or other process issued under Court and Judicial
				Proceedings Article, §6-313, Annotated Code of Maryland.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.14 - Service of Process for Nonresident Drivers › Section 11.11.14.03 - Authorization of Employees

Current through Register Vol. 51, No. 14, July 12, 2024
Designated employees of the Investigation Division are
				  authorized to receive the service of process on behalf of the Administration as
				  statutory agent for out-of-State drivers in nonresident motor vehicle
				  cases.
Code of Maryland Regulations › Title 11 - DEPARTMENT OF TRANSPORTATION › Subtitle 11 - MOTOR VEHICLE ADMINISTRATION-ADMINISTRATIVE PROCEDURES › Chapter 11.11.14 - Service of Process for Nonresident Drivers › Section 11.11.14.04 - Request for Service of Process Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Service of process shall be made on the
				Administration as statutory agent for a nonresident driver under this chapter
				by personal delivery to the Investigation Division of the Motor Vehicle
				Administration at 6601 Ritchie Highway, N.E., Glen Burnie, Maryland
				21062.
B. An individual seeking
				service of process shall submit a request on a form approved by the
				Administration and include with the request form:
(1) A copy of the process;
(2) Certification of last known address of
				the nonresident driver; and
(3)
				Payment of the fee for service of process established in COMAR
				11.11.05.06A.