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2004 Legislation

 

Drunk Driving and other Penalty Bills

Driver Licensing Bills

Vehicle Services Bills

Miscellaneous Bills


Drunk Driving and other Penalty Bills

  • Vehicle Laws - Driving while Impaired by Controlled Dangerous Substance - Penalties - HB 373 (Chapter 334, Laws of 2004).  This bill increases the criminal penalties for driving or attempting to drive while impaired by a controlled dangerous substance.  It makes the penalties commensurate with the penalties for driving or attempting to drive while under the influence of alcohol or under the influence of alcohol per se.

    Effective:  October 1, 2004

  • Probation before Judgment - Alcohol or Drug Related Offenses - Evaluation - HB 376 (chapter 335, Laws of 2004).  This bill clarifies that if the courts stay a judgment for various alcohol or drug related driving offenses, then before imposing a period of probation, the courts may order the Department of Health and Mental Hygiene (DHMH) to evaluate the defendant to determine if the defendant is in need of and may benefit from an alcohol or drug treatment or education program.  If an evaluation is ordered, the court must review the evaluation before imposing a period of probation.

    Effective:  October 1, 2004

  • Vehicle Laws - Failing to Stop for a School Vehicle with Activated Flashing Lights - Penalties - HB 1223/SB 280 (Chapter 111, Laws of 2004).  This bill increases the maximum fine from $500 to $1,000 for failure to stop or remain stopped for a school vehicle that is stopped with activated alternately flashing red lights.

    Effective:  October 1, 2004

  • Drunk or Drugged Driving - Death or Life Threatening Injury - Mandatory Tests - SB 592 (Chapter 468, Laws of 2004).  This bill requires a person involved in an alcohol and/or drug-related motor vehicle accident resulting in death or life-threatening injury to submit, at at the direction of a police officer, to a test or breath or blood test to determine the person's alcohol concentration or the content of any drug or controlled dangerous substance in the person's blood.  The bill provides an exception for allowing a breath test to determine alcohol concentration.  Only accidents after the bill's October 1, 2004 effective date are affected.

    Effective:  October 1, 2004

Driver Licensing Bills

  • Child Support - Driver's License Suspension - Grounds for Requesting an Investigation and Appealing - HB 605/SB 329 (Chapter 189, Laws of 2004).  This bill expands the grounds upon which a child support obligor can challenge a proposed suspension of the obligor's driver's license for failure to pay child support.  The bill makes it discretionary, rather than mandatory, for the Child Support Enforcement Administration (CSEA) to notify the Motor Vehicle Administration (MVA) to suspend the obligor's license when the obligor is in arrears.

    Effective:  October 1, 2004

  • Vehicle Laws - Commercial Driver's License - Hazardous Materials Endorsement - Criminal History Records Checks - HB 855 (Chapter 381, Laws of 2004).  This bill requires holders of commercial driver's licenses to obtain a national and state criminal history records check before receiving a hazardous materials endorsement from the Motor Vehicle Administration.  This bill is linked to federal mandates contained in the USA Patriot Act of 2001.

    Effective:  October 1, 2004

  • Motor Vehicle Administration - Provisional Licenses - Issuance of Driver's License and License Sanctions - SB 33 (Chapter 13, Laws of 2004).  This MVA departmental bill authorizes the Motor Vehicle Administration to issue full driver's licenses to holders of provisional licenses who have been convicted of moving violations after the conclusion of the provisional driving period, but before the drivers have been able to attain full driver's licenses.  The bill alters the definition of "offense" to mean a moving violation by a provisional license holder who was convicted of the violation and was not eligible for a full license at the time of the violation.

    Effective:  October 1, 2004

  • Motor Vehicle Administration - Driver's License Renewals - Vision Test Requirements - SB 35 (Chapter 81, Laws of 2004).  This MVA departmental bill provides than an individual who is at least 21 years old, but less than 40, may apply for renewal of a driver's license by mail, electronically, or by other authorized means without taking a vision test, if the individual passed a vision test authorized by the Motor Vehicle Administration (MVA) within the previous six years.

    Effective:  July 1, 2004

  • Vehicle Laws - Driver's Licenses - Vision Requirements - SB 822 (Chapter 142, Laws of 2004).  This bill repeals the September 30, 2004 termination date for a Maryland Vehicle Law provision that establishes lower vision standards for applicants for Class C noncommercial driver's license applicants with vision worse than 20/70 and 20/100.

    Effective:  October 1, 2004

Vehicle Services Bills

  • Vehicle Laws - Trailers and Semitrailers - Surge Brakes - HB 551/SB 395 (Chapter 355, Laws of 2004).  This bill authorizes the use of surge brakes as an exception to the requirements for braking systems of certain trailers and semitrailers.  The bill requires the Department of Transportation to adopt regulations authorizing the use of surge brakes by October 1, 2004.

    Effective:  June 1 and October 1, 2004

  • Vehicle Laws - Size, Weight and Load Restrictions - Emergency Vehicles - HB 717 (Chapter 368, Laws of 2004).  This bill provides that size, weight and load restrictions do not apply to emergency vehicles.  This does not apply to fire apparatus, which already is covered by Maryland law.

    Effective:  October 1, 2004

  • Vehicle Laws - Violation of Pedestrian Right of Way - HB 954 (Chapter 388, Laws of 2004).  This bill alters the penalties for two types of violations of the right-of-way of pedestrians.  The bill provides that a violation of the prohibition against a driver failing to stop for a pedestrian in a marked crosswalk or the prohibition against passing a vehicle stopped for a pedestrian in a marked or unmarked crosswalk at an intersection are punishable by imprisonment for not more than two months only if the violation contributes to an accident.  If the violation does not result in an accident, the violator is subject to a maximum fine of $500 but not imprisonment.

    Effective:  October 1, 2004

  • Motor Homes and Travel Trailers - Vehicle Excise Tax - Definitions - Extension of Sunset - HB 1332/SB 712 (Chapter 545, Laws of 2004).  This bill extends the "sunset" provisions for this program which allow the "total purchase price" to factor the trade-in value of a motor home and travel trailer.  The bill mandates that the Department of Transportation track the value of trade-ins of motor homes and travel trailers for purposes of determining the fiscal impact on vehicle excise tax revenues.  The Department must submit a report to the General Assembly by October 1, 2006.

    Effective:  October 1, 2004

  • Transportation Trust Fund - Transportation Financing - Increased Revenues - HB 1467 (Chapter 9, Laws of 2004).  This Administration bill increases the State motor vehicle registration fee and alters the requirements for the level of miscellaneous fees charged by the Motor Vehicle Administration (MVA).  The miscellaneous fees would be increased by an amount equal to an average of MVA's capital budget.  It also authorizes a fee for a missed driver's test appointment, permanently extends the Maryland Trauma Physician Services Fund, and increases the debt limit on consolidated transportation bonds.

    Effective:  July 1, 2004

  • Vehicle Laws - Titling and Registration - Temporary Registrations - SB 32 (Chapter 12, Laws of 2004).  This MVA departmental bill eliminates the 15-day limit on temporary vehicle registrations and authorizes the Motor Vehicle Administration to determine the duration of the temporary registration.  The bill requires all vehicles, whether purchased out of Maryland to be inspected within 60 days of registration and eliminates the expiration date for temporary registrations issued to vehicles purchased out of the state.

    Effective:  October 1, 2004

Miscellaneous Bills

  • Vehicle Laws - School Buses - Repeal of Special Speed Limit - HB 65 (Chapter 150, Laws of 2004).  This bill repeals the maximum speed limit for school buses carrying passengers, thus allowing them to travel the posted speed limit.

    Effective:  October 1, 2004

  • Vehicle Laws - Clarification of Rights of Wheelchair Use - HB 92 (Chapter 320, Laws of 2004).  This Maryland Department of Transportation departmental bill defines wheelchair and grants people in wheelchairs the same rights and responsibilities as pedestrians.

    Effective:  October 1, 2004

  • Department of State Police - School Bus Safety Enforcement Fund - Reporting Date - HB 97 (Chapter 152, Laws of 2004).  This bill alters the reporting date by which the Secretary of State Police must report to the Governor and the General assembly regarding the status of the School Bus Safety Enforcement Fund from March 1 to September 1 of each year.

    Effective:  October 1, 2004

  • Education - School Vehicles - Length of Operation - HB 356 (Chapter 172, Laws of 2004).  This bill extends the prohibition against operating a conventional school bus for more than 12 years without obtaining approval from the Superintendent of Schools and conducting certain safety and maintenance inspections to all school vehicles.  Transit style school vehicles (Type D) may be operated for 15 years if the vehicle was in operation or purchased before July 1, 2004.  The bill retains an exemption in current law which allows in Somerset, Wicomico and Worcester counties to be operated for up to 15 years until June 2006.

    Effective:  July 1, 2004

  • Vehicle Laws - Interference with Operation of Traffic control Device or Railroad Sign or Signal - Prohibitions Vehicle Laws - HB 381/SB 457 (Chapter 126, Laws of 2004).  This bill provides that a person without lawful authority may not possess, with an intent to use, any device capable of transmitting an infrared, electronic or other signal that would interfere with a traffic control device or railroad sign or signal.  A violation is a misdemeanor and a violator is subject to imprisonment of up to two month and/or a fine of up to $500.

    Effective:  October 1, 2004

  • Advance Directive Information Availability Act - HB 557 (Chapter 356, Laws of 2004).  In addition to many other provisions, this bill requires that the MVA make available information on advance directives through its website and at branch offices.  An information sheet will be prepared by the Department of Health and Mental Hygiene, in consultation with the Office of the Attorney General.

    Effective:  October 1, 2004

  • Anne Arundel County - Commercial Motor Vehicles - Stopping, Standing, or Parking - HB 754 (Chapter 201, Laws of 2004).  This bill alters the fines in Anne Arundel County for commercial drivers who stop, stand, or park a commercial motor vehicle at any place where stopping is prohibited by an official sign.  Fines will be $100 for the first offense, $250 for a second offense and $500 for a third offense.

    Effective:  October 1, 2004

  • Motor Vehicle Administration - Administrative Appeals and Hearings - SB 34 (Chapter 14, Laws of 2004).  This MVA departmental bill expands the authority of the Motor Vehicle Administration to delegate to the Office of Administrative Hearings (OAH) the authority to conduct hearing and render final decisions to all cases under the Maryland Vehicle Laws.  The bill repeals the authority of the MVA to delegate to the OAH the power to render proposed findings of fact and conclusions of law in hearing related to lien releases, assurance fund cases, franchise termination cases and all occupational license cases.

    Effective:  October 1, 2004

  • Task Force on Parking for Individuals with Disabilities - SB 368 (Chapter 268, Laws of 2004).  This bill establishes a Task Force on Parking for Individuals with Disabilities.  The Task Force is charged with studying current laws regarding parking privileges for individuals with disabilities, with a focus on laws governing parking spaces designated for Class M (multipurpose) vehicles and for the use of individuals with disabilities.

    Effective:  June 1, 2004

  • Budget Reconciliation and Financing Act of 2004 - SB 508 (Chapter 430, Laws of 2004).  This bill is one of two major funding initiatives.  Among its many provisions is one allowing the Chief Administrative Law Judge to assess a fee of up to $125 for an appeal of a driver's license suspension or revocation related to a violation of the Maryland Vehicle Law.  The current allowable fee is $15.

    Effective:  July 1, 2004

  • Criminal Law - Fictitious and Fraudulent Government Identification Documents - Prohibition - SB 571 (Chapter 288, Laws of 2004).  This bill prohibits the possession or display, with fraudulent intent, of a fictitious or fraudulently altered government identification document.

    Effective:  October 1, 2004



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May 13, 2008