Title 16. Vehicle Laws -- Drivers' Licenses — Subtitle 8. Maryland Commercial Driver's License Act

Disqualifying drivers for certain criminal offenses and serious traffic violations; and

Strengthening licensing and testing standards.

Trade, traffic, and transportation within the jurisdiction of the United States between a place in a state and a place outside of the state, including a place outside the United States; and

Trade, traffic, and transportation in the United States which affects any trade, traffic, and transportation within the jurisdiction of the United States between a place in a state and a place outside of the state, including a place outside the United States.

“Commercial motor vehicle (CMV)” means a motor vehicle or combination of motor vehicles used to transport passengers or property, if the motor vehicle:

“Commercial motor vehicle (CMV)” does not include a vehicle that is:

The value specified by the manufacturer as the loaded weight of a combination or articulated vehicle; or

In the absence of a value specified by the manufacturer, GCWR shall be determined by adding the gross vehicle weight rating (GVWR) of the power unit and the total weight of the towed unit and its load.

“Serious traffic violation” means:

“Serious traffic violation” does not include vehicle weight and vehicle defect violations.

“Tank vehicle” means any commercial motor vehicle that is designed to transport any liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle or chassis.

Tank vehicles include cargo tanks and portable tanks.

Tank vehicle does not include portable tanks having a rated capacity under 1,000 gallons.

Any driver of a commercial motor vehicle holding a driver’s license issued by this State, who is convicted of violating any federal law, State law, or local ordinance relating to operating a motor vehicle in any other state, other than parking violations, shall notify the Administration in the manner specified by the Administration within 30 days of the date of conviction.

Any driver of a commercial motor vehicle holding a commercial driver’s license issued by this State, who is convicted of violating any federal law, State law, or local ordinance relating to operating a motor vehicle in this or any other state, other than parking violations, shall notify the driver’s employer in writing of the conviction within 30 days of the date of conviction.

A list of the names and addresses of the applicant’s previous employers for which the applicant was a driver of a commercial motor vehicle;

The dates the applicant was employed by each employer; and

The reason for leaving that employment.

During any period in which the driver has a driver’s license suspended, revoked, or canceled by a state or has lost the privilege to operate a commercial motor vehicle in a state;

During any period in which the driver has been disqualified from driving a commercial motor vehicle;

During any period in which the driver has more than 1 driver’s license;

During any period in which the driver, the motor vehicle he or she is driving, or the motor carrier operation, is subject to an out–of–service order; or

In violation of any of the provisions of §§ 21–701 through 21–704 of this article pertaining to railroad crossings or any other federal, state, or local law or regulation substantially similar to a provision of §§ 21–701 through 21–704 of this article, pertaining to railroad grade crossings.

This subsection applies only to an employer that:

On a bona fide offer of employment, an employer shall provide a prospective employee driver with its U.S. Department Of Transportation number and the website address for the Federal Motor Carrier Safety Administration’s Safety and Fitness Records (SAFER) System.

Except when driving under a commercial driver’s instructional permit and accompanied by the holder of a driver’s license valid for the class of vehicle being driven, an individual may not drive a commercial motor vehicle unless the individual:

It shall be a valid defense to a charge of violating paragraph (1)(ii) of this subsection for the driver to provide a certified record either from the Administration or from the licensing authority of the driver’s home state showing that the driver held a valid commercial driver’s license on the date of the violation.

Except as provided in § 16–807.1 of this subtitle, an individual may not be issued a commercial driver’s license until the individual has passed the knowledge and skill tests for driving a commercial motor vehicle which complies with the minimum federal standards established by the federal Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99–570), and has satisfied all other requirements of that act as well as any other requirements of this title.

The tests shall be prescribed and conducted at the direction of the Administration.

The Administration shall adopt regulations to waive the skill test required under paragraph (1) of this subsection in a manner consistent with 49 C.F.R. § 383.77.

An individual who drives or will drive a commercial motor vehicle and who is a resident of this State; and

Those nonresidents who may qualify under § 16–817 of this subtitle.

While the individual is disqualified from driving a commercial motor vehicle;

While the individual’s driver’s license is suspended, revoked, or canceled in this State or any other state; or

While the individual holds a commercial driver’s license or driver’s license issued by any other jurisdiction, unless the individual surrenders that license for return to the issuing jurisdiction for cancellation.

A commercial driver’s instructional permit may be issued for the class of commercial driver’s license applied for only to an individual who has passed the appropriate knowledge and vision screening tests.

The holder of a commercial driver’s instructional permit may drive a commercial motor vehicle on a highway only when the individual is accompanied by and under the immediate supervision of the holder of a driver’s license valid for the type of vehicle driven, if the accompanying driver:

For a first offense, imprisonment not exceeding 2 months or a fine not exceeding $500 or both;

For a second offense, imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both; and

For a third or subsequent offense, imprisonment not exceeding 1 year or a fine not exceeding $2,000 or both.

Waive the skills test required under § 16–807(b) of this subtitle for program participants who meet eligibility criteria established by the Administration, consistent with federal law; and

Coordinate and consult with military bases throughout the State, community colleges that offer commercial driver’s license training courses, the Maryland Motor Truck Association, Inc., and any other party that the Administration determines is appropriate to explore the feasibility of providing a commercial driver’s license training course on military bases in the State.

Include as part of its Commercial Driver’s License Manual content on the recognition, prevention, and effective reporting of human trafficking; and

Provide to an applicant renewing a commercial driver’s license information from the Manual on the recognition, prevention, and effective reporting of human trafficking.

Unless authorized to do so under this title;

While the person’s driver’s license or privilege to drive is refused in this State or any other state;

While the person’s driver’s license or privilege to drive is canceled in this State;

While the person’s driver’s license or privilege to drive is canceled by any other state;

While the person’s driver’s license or privilege to drive is suspended in this State;

While the person’s driver’s license or privilege to drive is suspended by any other state;

While the person’s driver’s license or privilege to drive is revoked in this State;

While the person’s driver’s license or privilege to drive is revoked by any other state; or

While the person is:

While transporting nonhazardous materials;

While transporting hazardous materials required to be placarded; or

While operating a vehicle designed to transport 16 or more passengers, including the driver.

A person convicted of a violation of subsection (a) of this section is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

A person convicted of a violation of subsection (c) of this section is subject to:

State in accordance with the minimum federal standards for the issuance of a commercial driver’s license; or

Foreign jurisdiction that the United States Department of Transportation has determined issues commercial drivers’ licenses in accordance with the minimum federal standards;

The applicant’s Social Security number;

A consent to release a complete driving record to any employer or prospective employer;

Certifications and information required by federal regulation; and

Any other pertinent information that the Administration requires.

Passes the examination required by this subtitle;

Is eligible to drive pursuant to the Commercial Driver’s License Information System and the National Driver Register;

Surrenders any previously issued commercial driver’s instructional permit or license; and

Pays the fees prescribed by this subtitle.

Each commercial driver’s license issued by the Administration shall be identified clearly as to its specific class. A Class M license may be issued in combination with any other class of license.

The Administration shall assign an identifying number to each license it issues.

Be marked “commercial driver’s license” or “CDL”; and

Include the following information:

The individual is convicted of committing any of the following offenses while driving a commercial motor vehicle:

The individual holds a commercial instructional permit or commercial driver’s license and is convicted of committing any of the following offenses while driving a noncommercial motor vehicle:

The individual, while driving a commercial motor vehicle or while holding a commercial instructional permit or commercial driver’s license, refuses to undergo testing as provided in § 16–205.1 of this title or as is required by any other state’s law or by federal law in the enforcement of 49 C.F.R. § 383.51 Table 1, or 49 C.F.R. § 392.5(a)(2);

The individual drives or attempts to drive a commercial motor vehicle while the alcohol concentration of the person’s blood or breath is 0.04 or greater;

The individual, while holding a commercial instructional permit or commercial driver’s license, drives or attempts to drive any motor vehicle while the alcohol concentration of the person’s blood or breath is 0.08 or greater; or

The individual drives a commercial motor vehicle when, as a result of prior violations committed while driving a commercial motor vehicle, the driver’s commercial instructional permit or commercial driver’s license is revoked, suspended, or canceled or the driver is disqualified from driving a commercial motor vehicle.

While operating a commercial motor vehicle; or

While holding a commercial instructional permit or commercial driver’s license and operating a noncommercial vehicle, and the conviction would result in suspension, revocation, or cancellation of the driver’s license.

While operating a commercial motor vehicle; or

While holding a commercial instructional permit or commercial driver’s license and operating a noncommercial motor vehicle, and the conviction would result in suspension, revocation, or cancellation of the driver’s license.

In this subsection the following terms have the meanings indicated:

A driver who is convicted of violating an out–of–service order while driving a commercial motor vehicle is:

The Administration shall cancel a commercial instructional permit or commercial driver’s license if the applicant provides information that is incomplete or incorrect.

If the Administration determines, in its check of an applicant’s license status and record prior to issuing a commercial instructional permit or commercial driver’s license, or at any time after the commercial instructional permit or commercial driver’s license has been issued, that the applicant has falsified any information or certification submitted in connection with an application for a commercial instructional permit or commercial driver’s license, the Administration shall suspend, cancel, or revoke the commercial instructional permit or commercial driver’s license or pending application, or disqualify the person from operating a commercial motor vehicle, for a period of not less than 60 days.

The Administration shall cancel the commercial driver’s license of any individual who fails to submit to the Administration a current certificate of physical examination, as required under 49 C.F.R. § 391.43 and § 391.45.

The Administration may issue a noncommercial driver’s license of an appropriate class to an individual who is disqualified or whose commercial driver’s license is canceled under this section if:

On termination of a disqualification period of at least 1 year, an individual may apply for a new commercial instructional permit or commercial driver’s license.

The Administration shall issue a commercial instructional permit or commercial driver’s license to the applicant when the applicant:

Shall disqualify the individual from driving a commercial motor vehicle for the offense which results in the lengthiest period of disqualification; and

May not impose any additional periods of disqualification for the remainder of the offenses.

September 30, 2005; or

The initial issuance to the individual of a commercial instructional permit by any state.

An individual may not drive, operate, or be in physical control of a commercial motor vehicle while the individual has any alcohol concentration in the individual’s blood or breath.

Notwithstanding the provisions of paragraph (1) of this subsection and for the purpose of disqualifying an individual’s commercial instructional permit or commercial driver’s license for a violation of § 16–812(a) of this subtitle, an individual may not drive, operate, or be in physical control of a commercial motor vehicle while the individual has an alcohol concentration of 0.04 or greater in the individual’s blood or breath.

A Class A commercial driver’s license authorizes the licensee to drive the following motor vehicles and combinations of motor vehicles:

An individual who is issued a Class A commercial driver’s license under this subsection may not drive or attempt to drive a motor vehicle on any highway in this State unless a Class A commercial driver’s license or an appropriately endorsed Class A commercial driver’s license authorizes the individual to drive a vehicle of the class that the individual is driving or attempting to drive.

A Class B commercial driver’s license authorizes the licensee to drive the following motor vehicles and combinations of motor vehicles:

An individual who is issued a Class B commercial driver’s license under this subsection may not drive or attempt to drive a motor vehicle on any highway in this State unless a Class B commercial driver’s license or an appropriately endorsed Class B commercial driver’s license authorizes the individual to drive a vehicle of the class that the individual is driving or attempting to drive.

A Class C commercial driver’s license authorizes the licensee to drive the following motor vehicles and combinations of motor vehicles:

An individual who is issued a Class C commercial driver’s license under this subsection may not drive or attempt to drive a motor vehicle on any highway in this State unless a Class C commercial driver’s license or an appropriately endorsed Class C commercial driver’s license authorizes the individual to drive a vehicle of the class that the individual is driving or attempting to drive.

A commercial driver’s instructional permit authorizes the holder to operate commercial motor vehicles of Class A, B, and C subject to the conditions of Subtitle 1 of this title.

An instructional permit is not a license within the meaning of the single license restriction placed upon drivers of commercial motor vehicles.

In addition to the requirements contained in subsections (a), (b), and (c) of this section, an operator must obtain State–issued endorsements of an operator’s commercial driver’s license to operate commercial motor vehicles which are:

A school bus endorsement authorized under this subsection is also an endorsement for vehicles designed to transport 16 or more passengers including the driver (passenger vehicles).

In addition to the requirements contained in subsections (a), (b), and (c) of this section, an operator must obtain a State–issued endorsement of an operator’s commercial driver’s license to operate a commercial motor vehicle that is required to be placarded for hazardous materials.

Before an operator can obtain a State–issued endorsement under this subsection, the operator shall apply to the Criminal Justice Information System Central Repository for a national and State criminal history records check.

The Administration may not issue a hazardous materials endorsement of a commercial driver’s license without the approval of the Transportation Security Administration of the federal Department of Homeland Security.

The Department of Public Safety and Correctional Services and the Director of the Criminal Justice Information System Central Repository, in consultation with the Administration, may adopt regulations to carry out this section.

In this subsection, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

An operator requesting a State–issued endorsement under subsection (f) of this section shall apply to the Central Repository for a national and a State criminal history records check.

As part of the application for a criminal history records check, the operator shall submit to the Central Repository:

In accordance with regulations adopted by the Department of Public Safety and Correctional Services, the Administration shall verify periodically a list of operators of commercial motor vehicles that are required to be placarded for hazardous materials.

Information obtained from the Central Repository under this section shall be:

The subject of a criminal history records check under this subsection may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.

For a first offense, imprisonment not exceeding 2 months or a fine not exceeding $500 or both;

For a second offense, imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both; and

For a third or subsequent offense, imprisonment not exceeding 1 year or a fine not exceeding $2,000 or both.

Passes an appropriate medical examination; and

For driving a school bus, has been issued a commercial driver’s license endorsed school bus.

Who is not a resident of Maryland; and

Who is not at least 21 years of age.

May not include a hazardous materials endorsement;

May not be valid for commercial interstate operation except as permitted by 49 C.F.R. Parts 390 to 399; and

Shall be valid for commercial intrastate and all noncommercial operation.

Upon application for a new commercial driver's license or a commercial driver's license of a class other than that which the applicant holds:

For the renewal of any class of commercial driver's license:

For the conversion of a Maryland Class A, B, C, or D driver's license to a commercial driver's license:

For issuance of a duplicate or corrected commercial driver's license, a duplicate or corrected driver's license fee.

Shall be deposited in the Transportation Trust Fund; and

Are not subject to the provisions of Title 8, Subtitle 4 of this article on the disposition of highway user revenues.

Each commercial driver’s license application that it receives; and

Each commercial driver’s license that it issues.

Each conviction for any offense related to the use or operation of a motor vehicle which is prohibited by State law, municipal ordinance, or administrative rule or regulation, or reported by another state’s driver licensing authority; and

Each administrative action taken by the Administration or reported by another state’s driver licensing authority.