# COMAR Title 11 — Department of Transportation

## Subtitle 17 — Motor Vehicle Administration — Driver Licensing and Identification Documents

### Chapter 01 — Reexamination of Drivers

**Authority:** Transportation Article, §§12-104(b), 16-106, 16-110, 16-115, 16-206(a) and (b), and 16-207, Annotated Code of Maryland

**Administrative History:** Effective date: February 15, 1973

**Administrative History:** Regulations .01 and .02 amended effective October 13, 1976 (3:21 Md. R. 1208)

**Administrative History:** Regulation .01 amended effective September 22, 1978 (5:19 Md. R. 1446); February 3, 1992 (19:2 Md. R. 154)

**Administrative History:** Regulation .02 repealed and new Regulation .02 adopted effective February 3, 1992 (19:2 Md. R. 154)

#### Regulation .01 Reexamination.

*COMAR 11.17.01.01*

The Motor Vehicle Administration may require a person, licensed as a Maryland driver, to be reexamined if any of the following conditions exist:

A. The driver has been charged with a moving violation in the State, and the presiding judge has recommended reexamination;

B. The driver's medical file has been before the Medical Advisory Board of the Motor Vehicle Administration, and the Board has recommended reexamination;

C. The driver has appeared at an administrative hearing, and the hearing officer has recommended reexamination; or

D. The driver has been referred by a police officer who gives reason to believe that the driver should be reexamined.

#### Regulation .02 Determining Fitness.

*COMAR 11.17.01.02*

A. If the Motor Vehicle Administration receives, in a manner other than described in Regulation .01, information which indicates that a driver is unsafe or unfit to drive, the Motor Vehicle Administration may reexamine the driver to determine the driver's safety or fitness to drive.

B. The Motor Vehicle Administration may not require that a person be reexamined under this regulation unless an investigation of the underlying facts has been conducted by the Motor Vehicle Administration.

### Chapter 02 — Expiration and Renewal of Driver's License

**Authority:** Transportation Article, §§12-104(b), 16-110(b), 16-111.1, and 16-115, Annotated Code of Maryland

**Administrative History:** Effective date: December 28, 1979 (6:26 Md. R. 2075)

**Administrative History:** Regulation .01 amended effective January 1, 1992 (18:25 Md. R. 2755); March 12, 2018 (45:5 Md. R. 286)

**Administrative History:** Regulation .01B, C amended effective May 2, 2011 (38:9 Md. R. 553)

**Administrative History:** Regulation .02 adopted effective October 11, 1993 (20:20 Md. R. 1573)

**Administrative History:** Regulation .02E amended effective March 12, 2018 (45:5 Md. R. 286)

#### Regulation .01 Expired Driver's License.

*COMAR 11.17.02.01*

Previously licensed Maryland drivers who fail to renew their driver's licenses within 1 year after expiration are required to:

A. Apply for their license in person.

B. Pay the license fee for issuance of an original license, as set forth in COMAR 11.11.05. Applicants eligible for a Class M license in combination with any other license classification enumerated under Transportation Article, §16-104.1, Annotated Code of Maryland, shall pay an original license fee as set forth in COMAR 11.11.05 for issuance of a new license for each classification of license issued.

C. Be examined as required by Transportation Article, §§16-110 and 16.115(c), Annotated Code of Maryland, for each classification of license issued.

D. Present documentation in accordance with COMAR 11.17.09.

#### Regulation .02 Armed Forces Licensees Absent from the State.

*COMAR 11.17.02.02*

A. An individual's driver's license remains in full force and effect if the individual is:

  (1) Absent from this State on active duty in the armed forces of the United States; or

  (2) A dependent of and residing with a member of the armed forces of the United States, on active duty outside this State.

B. If a license is valid under §A of this regulation, but that license would otherwise have expired, the license remains in effect until the earlier of the following dates:

  (1) 30 days following the date of the licensee's return to this State; or

  (2) 30 days following the licensee's discharge from active duty.

C. The provisions of §B of this regulation do not apply if the license is suspended, revoked, or canceled during the 30-day period following the licensee's return to this State.

D. Although the driver's license remains in effect while a member of the armed forces is absent from this State, a member of the armed forces on active duty and the member's dependents, whose driver's licenses will expire while they are absent from the State, are encouraged to renew their driver's licenses by mail and receive valid, without photo, licenses.

E. If a license has expired, a member of the armed forces and the member's dependents shall, upon returning to the State, present documents in accordance with COMAR 11.17.09.06 for purposes of renewing their driver's licenses.

F. A member of the armed forces renewing a license under §E of this regulation may verify temporary out-of-State residency by presenting the following documents:

  (1) The member's military identification card; and

  (2) A copy of the armed forces member's military orders indicating active duty outside this State.

G. A dependent of a member of the armed forces renewing a license under §E of this regulation may verify temporary out-of-State residency by presenting the following documents:

  (1) The dependent's military dependent identification card;

  (2) A copy of the armed forces member's military orders indicating active duty outside this State; and

  (3) A certified statement from the armed forces member verifying that the:

    (a) Dependent has been residing outside this State with the member; and

    (b) Member was on active duty.

### Chapter 03 — Physical and Mental Condition

**Authority:** Transportation Article, §§12-104(b), 16-106, 16-110, 16-118, 16-119, 16-206, and 16-208, Annotated Code of Maryland

**Administrative History:** Effective date: February 4, 1976 (3:3 Md. R. 152)

**Administrative History:** Regulations .01, .02, .04, .06, and .08 amended effective September 22, 1978 (5:19 Md. R. 1446)

**Administrative History:** Chapter revised effective January 23, 1981 (8:2 Md. R. 114)

**Administrative History:** Regulations .01, .02, .04, and .05 amended effective June 21, 1982 (9:12 Md. R. 1224)

**Administrative History:** Regulation .01 amended, Regulation .02 repealed, and new Regulations .02 and .02-1 adopted as an emergency provision effective October 27, 1986 (13:24 Md. R. 2555); adopted permanently effective April 6, 1987 (14:7 Md. R. 832)

**Administrative History:** Regulation .01 amended effective January 15, 1996 (23:1 Md. R. 29)

**Administrative History:** Regulation .02 amended effective March 28, 2016 (43:6 Md. R. 409)

**Administrative History:** Regulation .02A, B amended effective May 2, 2011 (38:9 Md. R. 553)

**Administrative History:** Regulation .02-1 amended effective March 28, 2016 (43:6 Md. R. 409)

**Administrative History:** Regulation .02-1A amended effective November 10, 2003 (30:22 Md. R. 1583); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553)

**Administrative History:** Regulation .02-1B amended effective September 16, 1991 (18:18 Md. R. 2007); April 7, 2008 (35:7 Md. R. 750)

**Administrative History:** Regulation .03 amended effective April 7, 2008 (35:7 Md. R. 750); March 28, 2016 (43:6 Md. R. 409)

**Administrative History:** Regulation .04 amended effective January 15, 1996 (23:1 Md. R. 29); September 30, 2002 (29:19 Md. R. 1525); April 7, 2008 (35:7 Md. R. 750); May 2, 2011 (38:9 Md. R. 553); March 28, 2016 (43:6 Md. R. 409)

**Administrative History:** Regulation .04E amended effective November 10, 2003 (30:22 Md. R. 1583)

**Administrative History:** Regulation .04F amended effective September 7, 1987 (14:18 Md. R. 1967)

**Administrative History:** Regulation .04I amended effective April 20, 2009 (36:8 Md. R. 596)

**Administrative History:** Regulation .05 amended effective March 28, 2016 (43:6 Md. R. 409)

**Administrative History:** Regulation .05F amended effective May 2, 2011 (38:9 Md. R. 553)

**Administrative History:** Regulation .07 amended effective September 30, 2002 (29:19 Md. R. 1525)

**Administrative History:** Regulation .08 amended effective September 30, 2002 (29:19 Md. R. 1525)

**Administrative History:** Regulation .08A amended effective January 15, 1996 (23:1 Md. R. 29)

**Administrative History:** Regulation .09 adopted effective April 20, 2009 (36:8 Md. R. 596)

**Administrative History:** Regulation .09B amended effective March 28, 2016 (43:6 Md. R. 409)

**Administrative History:** Annotation: COMAR 11.17.03.04D(2) cited in Attorney General Opinion No. 83-020 (May 23, 1983)

**Administrative History:** Annotation: COMAR 11.17.03.02 cited in Attorney General Opinion No. 86-030 (May 6, 1986)

#### Regulation .01 Physical Condition of Applicant.

*COMAR 11.17.03.01*

A. Pursuant to the Maryland Vehicle Law and these regulations, the Administrator shall obtain information regarding the physical and mental condition of an individual who seeks to drive on the highways of this State.

B. Drivers of Commercial Motor Vehicles.

  (1) Drivers of commercial vehicles shall meet the physical qualifications in §B(2)—(4) of this regulation.

  (2) Interstate Operations. Interstate drivers of commercial motor vehicles shall meet the physical qualifications of the Federal Motor Carrier Safety Regulations contained in 49 CFR 390—392, which is incorporated by reference.

  (3) Intrastate Operations. Intrastate drivers of commercial motor vehicles shall meet the physical qualifications of COMAR 11.21.01 which incorporates by reference, subject to certain amendments and exemptions, the Federal Motor Carrier Safety Regulations contained in 49 CFR 390—392.

  (4) School Vehicle Operations. Drivers of school vehicles shall meet the physical qualifications of COMAR 11.19.05 and 11.21.01 which incorporate by reference, subject to certain amendments and exemptions, the Federal Motor Carrier Safety Regulations contained in 49 CFR 390—392.

#### Regulation .02 Disorders Reported by Physicians or Other Authorized Persons.

*COMAR 11.17.03.02*

A. Under Transportation Article, §16-119, Annotated Code of Maryland, any physician and any other person authorized to diagnose, detect, or treat the following disorders, may report to the Administration and to the subject of the report, in writing, the full name, date of birth, and address of each individual 15 years old or older who has a disorder that:

  (1) Is characterized by lapses of consciousness; or

  (2) Results in a corrected visual acuity that fails to comply with the vision requirements of Transportation Article, Title 16, Subtitle 1, Annotated Code of Maryland.

B. Lapses of Consciousness.

  (1) A lapse of consciousness is defined as failure to be oriented to time, place, person, situation. Examples of lapses of consciousness or unconsciousness are:

    (a) Automatism;

    (b) Confusion;

    (c) Stupor;

    (d) Delirium; and

    (e) Coma.

  (2) Among the conditions that can cause an individual to have a significant risk of lapses of consciousness are:

    (a) Epilepsy;

    (b) Narcolepsy;

    (c) Cardiovascular disease;

    (d) Cerebrovascular disease;

    (e) Alcoholism;

    (f) Drug addiction; and

    (g) Severe hypoglycemia.

  (3) Individuals who have a significant risk of lapses of consciousness due to any condition or disease may be reported pursuant to Transportation Article, §16-119, Annotated Code of Maryland. A judgment of significant risk shall be based on:

    (a) Knowledge of an individual's past history of lapses of consciousness and the present state of the individual's health;

    (b) How well the individual's disorder is controlled; or

    (c) How much the individual's condition has improved.

C. Individuals who have any disorder which prevents them from having a corrected minimum visual acuity of 20/40 in each eye and a field of vision of at least 140 degrees may be reported pursuant to Transportation Article, §16-119, Annotated Code of Maryland.

#### Regulation .02-1 Disorders Reported by Applicant or Licensee.

*COMAR 11.17.03.02-1*

A. A licensee or an applicant for a driver’s license shall notify the Administration if the licensee or applicant is diagnosed as having any of the following:

  (1) Diabetes that has caused a low blood sugar episode requiring assistance from another person in the last 6 months;

  (2) Epilepsy;

  (3) Seizure;

  (4) A heart condition that has caused a loss of consciousness in the past 6 months;

  (5) Stroke;

  (6) A condition that causes you to have dizzy spells, fainting, or blackouts;

  (7) Sleep apnea or narcolepsy;

  (8) A history of traumatic brain injury (TBI);

  (9) A condition that causes weakness, shaking, or numbness in the arms, hands, legs, or feet that may affect your ability to drive;

  (10) A hand, arm, foot, or leg, that is absent, amputated, or has a loss of function that may affect your ability to drive;

  (11) An eye problem which prevents a corrected minimum visual acuity of 20/70 in at least one eye or binocular field of vision of at least 110 degrees;

  (12) Alcohol use problem;

  (13) Drug use problem;

  (14) A mental health condition that may affect your ability to drive;

  (15) Schizophrenia; or

  (16) Dementia.

B. The Administrator may include with the application for, or renewal of, a Maryland driver's license, an information insert containing the list of reportable physical or mental conditions indicated in §A of this regulation, and remind the individual of the individual's responsibility to indicate on the application if the individual has been treated for a reportable physical or mental condition.

C. Upon application for, or renewal of, a driver's license, the applicant shall answer any question submitted by the Administration pertaining to any disorders affecting the applicant's ability to drive.

D. Upon diagnosis of a medical condition listed in §A of this regulation, a licensee shall notify the Administration.

#### Regulation .03 Procedures When a Certain Physical or Mental Condition Is Indicated.

*COMAR 11.17.03.03*

Upon receipt of an application for a driver’s license, or renewal of a driver’s license, on which an individual has indicated that the individual has been treated for any of the listed disorders, or when an individual is referred to the Medical Advisory Board by the Administrator for any other reason, the Administration shall follow the procedures set forth below:

A. The Administration may require the individual to obtain from the individual's physician a report indicating the onset of the condition, the physician's diagnosis and prognosis and the medication being prescribed. The individual shall forward the physician's report to the Medical Advisory Board of the Administration.

B. When the Medical Advisory Board receives the physician's report, a determination shall be made as to whether the physical or mental condition indicated in the report is of the type that might impair the individual's ability to operate a motor vehicle. If a determination is made that the condition might do so, the individual may be scheduled to appear before a physician of the Medical Advisory Board for an interview. At this interview the individual will be given the opportunity to present additional medical information on the individual's own behalf and will be required to answer any questions asked by the physician conducting the interview.

C. If an individual is asked to appear for an interview before a physician of the Medical Advisory Board, the individual shall be:

  (1) Notified in writing of the physical or mental condition being evaluated by the Board; and

  (2) Notified of the name of the physician who is conducting the interview and the physician's medical specialty.

#### Regulation .04 Medical Advisory Board Guidelines.

*COMAR 11.17.03.04*

A. The Medical Advisory Board shall follow the guidelines set forth in §§B—J of this regulation when making a recommendation to the Administration.

B. Cardiovascular Impairments.

  (1) Contraindications. Contraindications for the safe operation of a motor vehicle under any circumstance may include, but are not limited to:

    (a) Unstable angina;

    (b) Recovering from myocardial infarction of less than 4 weeks duration;

    (c) Recovering from open heart surgery within the past 6 weeks;

    (d) Recovering from heart transplantation surgery, 6 weeks after discharge;

    (e) Placement of a left ventricular assist device discharge;

    (f) Severe, uncontrolled congestive heart failure;

    (g) Severe, uncontrolled hypertension;

    (h) Cardiac infections not responding to appropriate therapy;

    (i) Unoperated critical aortic stenosis or subaortic stenosis;

    (j) Unoperated aneurysms of the aorta or cerebrovascular system;

    (k) Loss of or impaired consciousness due to, but not limited to, uncontrolled arrhythmias, pacemaker failures, and cardiomyopathy;

    (l) A symptom within 6 months after discharge of an automatic implantable cardioverter defibrillator (AICD);

    (m) Any of the following arrhythmias:

      (i) Alternating left or right bundle branch block (LBBB or RBBB) second degree AV;

      (ii) Mobitz II (distal AV block); or

      (iii) Acquired third degree AV block; and

    (n) Survivors of sudden death with automatic implantable cardioverter defibrillator (AICD) devices still discharging at intervals of less than 3 months.

  (2) An individual who has a condition listed in §B(1) of this regulation may be considered for a license by submitting evidence acceptable to the Medical Advisory Board that the condition:

    (a) Has been modified, either medically or surgically; and

    (b) Is well controlled without recurrence or relapse.

  (3) Cases shall be evaluated on an individual basis by the Medical Advisory Board in doubtful or unclear circumstances.

  (4) Additional or periodic follow-up reports may be required by the Administration for review by the Medical Advisory Board.

C. Diseases of the Endocrine System.

  (1) Diabetes Mellitus. An individual with diabetes mellitus requiring insulin may be reviewed by the Medical Advisory Board.

  (2) Hypoglycemia. An individual who suffers from recurrent severe uncontrolled attacks of hypoglycemia may not operate any type of motor vehicle and may not be considered for any class license.

D. Diseases of the Neuromusculoskeletal System. An individual who has a significant musculoskeletal impairment shall be evaluated by the Medical Advisory Board before being licensed initially or before having the individual's license to operate a motor vehicle renewed.

E. Diseases of the Nervous System.

  (1) Cerebral Hemorrhage, Infarction, or Traumatic Brain Injury (TBI). An individual who has had a cerebral hemorrhage, infarction, or TBI that has resulted in a marked change in personality, alertness, ability to make decisions, loss of coordination, motor power, visual acuity, visual field, or any other neurological deficit shall be reviewed by the Medical Advisory Board.

  (2) Seizures.

    (a) The driver's license or driving privilege of an individual with seizures may be suspended or refused for a period of 90 days or more from the date of the last seizure.

    (b) An individual whose driver's license or driving privilege has been suspended or refused under §E(2)(a) of this regulation may request that the period of suspension or refusal be withdrawn or modified by submitting evidence of favorable modifiers acceptable to the Medical Advisory Board.

    (c) The Medical Advisory Board shall consider favorable and unfavorable modifiers under §E(2)(e) and (f) of this regulation in determining whether to recommend that the suspension or refusal period be withdrawn or modified to more or less than 90 days.

    (d) The withdrawal or reduction or increase of the suspension or refusal period shall be based upon the recommendation of the Medical Advisory Board.

    (e) Favorable modifiers include:

      (i) Seizures during medically directed medication changes;

      (ii) Simple partial seizures that do not interfere with consciousness or motor control;

      (iii) Seizures with consistent and prolonged auras;

      (iv) Established pattern of pure nocturnal seizures; and

      (v) Favorable driving record.

    (f) Unfavorable modifiers include:

      (i) Noncompliance with medication or medical visits;

      (ii) Alcohol or drug abuse in the past 3 months;

      (iii) Unfavorable driving record;

      (iv) Structural brain lesion;

      (v) Placement of a vagal nerve stimulator to control seizure activity; and

      (vi) Seizure control requiring three or more medications.

    (g) Periodic follow-up reports may be required by the Administration for review by the Medical Advisory Board.

    (h) At the conclusion of the suspension or refusal period, the Medical Advisory Board shall reevaluate the individual and recommend appropriate action.

    (i) The procedures for the restoration of the driver's license following a period of ineligibility are set forth in COMAR 11.17.04.

F. Narcolepsy. An individual under treatment for this condition may not be considered for any class of license until the individual has been free of symptoms for at least 6 months and is experiencing no side effects from medications. The individual shall be cleared by the Medical Advisory Board.

G. Psychiatric Disorders.

  (1) Psychopathic Personality. An individual who has a disregard for accepted social values, who has a history of impulsive or irresponsible behavior, and who is frequently rebellious to authority or openly aggressive, with consequent loss of caution and good judgment, may not be considered for any class of license.

  (2) Personality, Character, and Psychotic Disorders. An individual with severe symptoms of personality, character, or psychotic disorders shall be evaluated by the Medical Advisory Board for a license on the basis of alertness, social behavior, psychomotor retardation, and side effects from drug therapy.

H. Substance Use Disorders. In this section, a certified substance abuse treatment program means a program which has been certified by the Alcohol and Drug Abuse Administration of the Maryland Department of Health.

  (1) A severe substance use disorder is characterized by physical or psychological dependence, or both, on certain psychoactive chemical substances, as shown through the continued use of these psychoactive chemical substances despite harmful or adverse circumstances. A mild or moderate substance use disorder involves harmful or hazardous use of substances which can be both licit, for example medication, and illicit. These substances include, but are not limited to:

    (a) Central nervous system depressants such as alcohol, tranquilizers, and opiates and their derivatives;

    (b) Hallucinogens;

    (c) Stimulants; and

    (d) Volatile solvents.

  (2) Before being considered for a license, an individual who has been involved in two alcohol-related or other substance-related driving incidents during the past 5 years, or three or more alcohol-related or other substance-related driving incidents in a lifetime, is required to submit satisfactory evidence to the Administration of:

    (a) Complete abstinence from substance use for 6 months or as determined by the Administration on a case-by-case basis;

    (b) Enrollment in, or completion of a substance abuse treatment program for at least 90 days or longer as determined by the Administration on a case-by-case basis; and

    (c) Participation in a self-help group for a period of time as determined by the Administration on a case-by-case basis.

  (3) As a condition for approval, the Administration may impose certain restrictions, limitations, or other requirements determined to be appropriate to ensure an individual's safe driving of a motor vehicle, including enrollment in an ignition interlock program.

  (4) Regardless of the number of incidents, if as the result of investigation, or assessment, an applicant is determined to have alcoholism or a chemical addiction that has not been addressed, the Administration may require evidence of at least 90 days of satisfactory completion of a certified substance abuse treatment program.

I. An individual who is a paraplegic, quadriplegic, or has the loss of one or more limbs may be required by the Medical Advisory Board to submit to driver's reexamination to determine the individual's ability to safely operate a motor vehicle.

J. Traumatic Brain Injury. After the review of medical reports submitted by a physician, a rehabilitation facility, or an occupational therapist, the Medical Advisory Board or Administration may require an examination or reexamination consisting of law, vision and driving tests.

#### Regulation .05 Procedures when Suspension or Refusal is Recommended.

*COMAR 11.17.03.05*

If the Medical Advisory Board recommends suspension or refusal of a driving privilege, and the recommendation is followed by the Administration, a letter shall be sent by first class mail to the individual, stating:

A. When the suspension or refusal becomes effective;

B. The reasons for the suspension or refusal;

C. When licensure will be reconsidered;

D. That an administrative hearing may be requested in writing;

E. That the effective date of the suspension will be stayed until the administrative hearing is conducted if the individual has a valid license, except in emergency situations; and

F. That the individual may be represented by an attorney at the administrative hearing.

#### Regulation .06 Procedures when a Suspension or a Refusal is Continued.

*COMAR 11.17.03.06*

The provisions set forth in Regulation .05 of this chapter also apply when the Administration, based upon a recommendation of the Medical Advisory Board, continues a suspension or refusal.

#### Regulation .07 Procedures when a Hearing is Requested.

*COMAR 11.17.03.07*

A. If an individual requests an administrative hearing after a decision of the Administration based upon a recommendation of the Medical Advisory Board, the Administration, except as provided in §B of this regulation, shall inform the individual of all records and documents considered by the Medical Advisory Board, including their source and the dates of examinations or treatments from which they were prepared, and the individual shall have the right to inspect and copy the records and documents during hours designated by the Administration.

B. Records and documents designated confidential by their source may not be disclosed, nor their contents revealed, except by court order.

#### Regulation .08 Emergency Suspension.

*COMAR 11.17.03.08*

A. If the physical or mental condition of an individual indicates there is a likelihood of substantial and immediate danger and harm to the individual or others if the individual's license is continued pending evaluation by the Medical Advisory Board, then the individual's driving privileges shall be suspended pursuant to the provisions of Transportation Article, §16-206, Annotated Code of Maryland. The physical or mental condition may come to the attention of the Administration when:

  (1) A physician's certificate is received by the Medical Advisory Board;

  (2) The individual is referred to the Medical Advisory Board for any reason;

  (3) The Administration receives information that a licensee has violated a restriction, limitation, or other requirement imposed as a prerequisite for issuance or reinstatement of a license; or

  (4) When the Administration becomes aware of a serious medical condition in any other manner.

B. The individual shall be notified in writing of the suspension either:

  (1) By personal delivery to the individual; or

  (2) By mail to the individual at the last address of record with the Administration.

C. The notice under §B of this regulation shall:

  (1) Describe the mental or physical conditions supporting the emergency suspension; and

  (2) Inform the individual of the right to inspect and copy all medical records and other documents considered in the emergency suspension, except records and documents designated confidential by their source, under Regulation .07 of this chapter.

#### Regulation .09 Records of the Medical Advisory Board — Used for Driver Safety Research.

*COMAR 11.17.03.09*

A. In addition to using the records of the Medical Advisory Board to determine the qualifications of an individual to drive, the Administration may use information contained within those records for the purpose of driver safety research.

B. Records of the Medical Advisory Board are confidential, except as provided under Transportation Article, §§16-118 and 16-119, Annotated Code of Maryland, in which information may be used for the purpose of driver safety research, provided that personal information relating to the identity of the individual is not disclosed.

C. An individual's personal information that may not be disclosed includes:

  (1) Name;

  (2) Address;

  (3) Telephone number or numbers;

  (4) Email address;

  (5) Driver's license number;

  (6) Social Security number; and

  (7) Any other information that may be used to specifically identify an individual.

D. The Administration may cooperate with other research entities on driver safety research under the conditions and restrictions set forth in this regulation.

E. An outside organization requesting to collaborate with the Administration on driver safety research shall:

  (1) Submit a written explanation of the purpose of the research to include:

    (a) The scope of the proposed research;

    (b) The type of information being requested;

    (c) How this information would be utilized;

    (d) Contact information for the organization; and

    (e) Other information as necessary to render a decision on the collaboration;

  (2) Complete an Institutional Review Board approved study protocol, and attach the Institutional Review Board's approval before requesting information contained in Medical Advisory Board records;

  (3) Execute the Privacy Protection Policy provided by the Administration; and

  (4) Comply with the current research proposal requirements provided by the Administration.

F. The Administration shall review the information obtained under §E of this regulation and, in consultation with the Medical Advisory Board, render a decision on the use of its records for the specific purpose of the proposed research.

G. The Administration may impose conditions on the use of its records by any outside organization and may deny access to information at any time.

H. The Administration may require funding from the outside organization to cover the cost of converting information from the records of the Medical Advisory Board into a usable format.

I. An outside organization shall provide the Administration with a copy of any research reports or articles, before final completion or publication, which utilizes or references the information provided by the Administration or the Medical Advisory Board.

J. The Administration may establish additional guidelines for the submission of information requests.

### Chapter 04 — Epilepsy — Restoration of License Following Ineligibility

**Authority:** Transportation Article, §§12-104(b), 16-115(c), and 16-208(a), Annotated Code of Maryland

**Administrative History:** Effective date: February 15, 1973

**Administrative History:** Regulations .01, .05, .06, .09, and .10 amended effective April 6, 1979 (6:7 Md. R. 578)

**Administrative History:** Regulations .01—.03, .05—.08, and .11 amended effective January 23, 1981 (8:2 Md. R. 115)

**Administrative History:** Regulation .12 adopted effective April 6, 1979 (6:7 Md. R. 578)

**Administrative History:** Regulations .13 and .14 adopted effective November 22, 1982 (9:23 Md. R. 2260)

**Administrative History:** Regulation .15 adopted effective December 30, 1985 (12:26 Md. R. 2546)

**Administrative History:** Chapter, Special Identification Cards, repealed effective April 4, 1988 (15:7 Md. R. 850)

**Administrative History:** Regulations .01—.04, Epilepsy—Restoration of License Following Ineligibility, adopted effective January 20, 1992 (19:1 Md. R. 33)

**Administrative History:** Regulation .02B amended effective May 2, 2011 (38:9 Md. R. 553)

**Administrative History:** Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1320); May 2, 2011 (38:9 Md. R. 553)

#### Regulation .01 Purpose.

*COMAR 11.17.04.01*

The purpose of this chapter is to establish uniform procedures for the:

A. Restoration of a driver's license following a period of ineligibility because of epilepsy; and

B. Establishment of consistent testing criteria for the license restoration process.

#### Regulation .02 Definitions.

*COMAR 11.17.04.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Administration” means the Motor Vehicle Administration.

  (2) “Commercial driver's license (CDL)” means a license issued to an individual in accordance with Transportation Article, Title 16, Subtitle 8, Annotated Code of Maryland, pursuant to the Federal Motor Vehicle Safety Act of 1986 which authorizes the individual to drive a class of commercial motor vehicle.

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

    (a) Has a gross vehicle weight rating (GVWR) of 26,001 or more pounds, inclusive of a towed unit;

    (b) Has a (GVWR) of 26,001 or more pounds;

    (c) Is designed to transport 16 or more passengers, including the driver; or

    (d) Is of any size and is used for the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which requires the vehicle to be placarded under federal hazardous materials regulations, 49 CFR Part 172, Subpart F, which is incorporated by reference.

  (4) “Gross vehicle weight rating (GVWR)” and “gross combination weight rating (GCWR)” means the greatest of the following weights for a single vehicle or combination of vehicles value specified by the manufacturer or manufacturers as the maximum gross vehicle weight rating:

    (a) The value specified by the manufacturer or manufacturers as the maximum gross weight;

    (b) The registered gross weight; or

    (c) The actual weight.

  (5) “Knowledge test” means a written, computer-assisted, or oral test which is administered to an applicant for a Maryland driver's license.

  (6) “Skills test” means a driving test given to assess an applicant's ability to drive all motor vehicles in a specific class.

#### Regulation .03 Criteria for Restoration of Driver's License.

*COMAR 11.17.04.03*

A. Restoration of Noncommercial Driver's License.

  (1) Class C and Class M Noncommercial Licenses.

    (a) An individual may apply for a Class C or Class M noncommercial driver's license if the individual:

      (i) Has met the qualifications under COMAR 11.17.03.04E(2) for the withdrawal of the revocation, suspension, cancellation, or refusal to issue or renew a license; and

      (ii) Is otherwise eligible for the license.

    (b) When an individual's license has been expired for 1 year or more, the Administration shall require the individual to pass the knowledge and skill tests for a Class C or Class M driver's license.

  (2) Class A and Class B Noncommercial Driver's Licenses. An individual may apply for a noncommercial Class A or Class B driver's license if the individual:

    (a) Has met the qualifications under COMAR 11.17.03.04E(2) for the withdrawal of the revocation, suspension, cancellation, or refusal to issue or renew a license; and

    (b) Passes the applicable knowledge test;

    (c) Obtains a learner's instructional permit for the class of license being sought;

    (d) Passes the applicable skills test; and

    (e) Is otherwise eligible for the license.

B. Restoration of Commercial Driver's License. An individual may apply for a commercial driver's license if the individual:

  (1) Has met the qualifications under COMAR 11.17.03.04E(2) for the withdrawal of the revocation, suspension, cancellation, or refusal to issue or renew a license;

  (2) Passes the commercial driver's license knowledge test;

  (3) Obtains a learner's instructional permit for a commercial driver's license;

  (4) Passes the commercial driver's license skills test;

  (5) Is physically qualified in accordance with COMAR 11.21.01; and

  (6) Is otherwise eligible for the license.

#### Regulation .04 Endorsements and Restrictions.

*COMAR 11.17.04.04*

A. The Administration may:

  (1) Add any endorsements permitted, and for which the qualifications have been met, on a commercial or noncommercial driver's license;

  (2) Restrict a license issued under this chapter by designating the specific class of commercial or noncommercial license; or

  (3) Impose any other restriction authorized under Transportation Article, §16-113, Annotated Code of Maryland.

B. Individuals who have an established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a motor vehicle may not drive a commercial motor vehicle in interstate commerce in accordance with 49 CFR §391.41, which is incorporated by reference. In accordance with this requirement, the Administration shall mark any commercial driver's license issued under this chapter “CDL Valid in Intrastate Commerce Only”.

C. The Administration may not add a hazardous materials endorsement to a commercial driver's license issued under this chapter.

### Chapter 05 — Use of Bioptic Telescopic Lenses

**Authority:** Transportation Article, §§12-104(b), 16-110.2, 16-113(a)(3), and 16-208(b), Annotated Code of Maryland

**Administrative History:** Effective date: November 1, 1979

**Administrative History:** Regulation .01 amended effective April 6, 1979 (6:7 Md. R. 578); January 23, 1981 (8:2 Md. R. 115)

**Administrative History:** Chapter revised effective November 22, 1982 (9:23 Md. R. 2260)

**Administrative History:** Regulation .11 adopted effective December 30, 1985 (12:26 Md. R. 2546)

**Administrative History:** Chapter, Age of Majority Identification Card, repealed effective April 4, 1988 (15:7 Md. R. 850)

**Administrative History:** Regulations .01—.10, Use of Bioptic Telescopic Lenses, adopted effective March 2, 1992 (19:4 Md. R. 474)

#### Regulation .01 Definitions.

*COMAR 11.17.05.01*

A. In this chapter, the following terms have the meaning indicated.

B. Terms Defined.

  (1) “Administration” means the Motor Vehicle Administration.

  (2) “Bioptic telescopic lens” means a spectacle-mounted telescopic lens which is a corrective lens and which uses magnification as the main means of obtaining minimal visual acuity.

  (3) “Carrier lens” means a lens on which a bioptic telescopic lens is mounted.

  (4) Corrective Lens.

    (a) “Corrective lens” means a lens which improves a refractive condition in the eye.

    (b) “Corrective lens” as used in this chapter does not include a bioptic telescopic lens.

  (5) “Field expander” means a wide-angle lens that makes objects look smaller and further away.

  (6) “Gross vehicle weight (GVW)” means the greatest of the following weights for a single vehicle or combination of vehicles:

    (a) The value specified by the manufacturer or manufacturers as the maximum gross weight;

    (b) The registered gross weight; or

    (c) The actual operating weight.

  (7) “Knowledge test” means a written, computer-assisted, or oral test covering the Maryland rules of the road which is administered to an applicant for a Maryland driver's license.

  (8) “Skills test” means a two-part driving test given to assess an applicant's ability to drive a motor vehicle under the provisions of this chapter, with the test consisting of a:

    (a) Basic skills test conducted on a driving course; and

    (b) Road test designed to test the applicant's ability to operate a motor vehicle in traffic conditions.

#### Regulation .02 Minimum Visual Standards.

*COMAR 11.17.05.02*

A. An applicant using bioptic telescopic lenses meets the minimum visual standards if the applicant has the visual acuity specified in §§B and C of this regulation.

B. The applicant shall demonstrate:

  (1) A visual acuity of at least 20/100 in one or both eyes and a field of 150 degrees horizontal vision with or without corrective lenses; or

  (2) If the applicant has vision in one eye only, a field of at least 100 degrees horizontal vision.

C. The applicant shall demonstrate a visual acuity of at least 20/70 in one or both eyes with the bioptic telescopic lenses and without the use of field expanders.

#### Regulation .03 Procedures.

*COMAR 11.17.05.03*

A. The procedures in §§B and C of this regulation apply to vision tests.

B. A vision test shall be administered by a licensed optometrist or ophthalmologist.

C. Statement by Optometrist or Ophthalmologist.

  (1) A licensed optometrist or ophthalmologist shall submit a statement on a form furnished by the Administration.

  (2) The statement is not acceptable if the date of the examination is more than 3 months before the date of submission of the statement to the Administration.

  (3) The statement shall contain:

    (a) A patient's full name, signature, address, date of birth, and sex;

    (b) Whether the test results were obtained with or without corrective lenses;

    (c) Date of the test;

    (d) Signature and license number of the individual authorized to certify the statement;

    (e) A statement as to whether the patient has a vision condition which is stable;

    (f) Recommendations for the:

      (i) Driving restrictions the ophthalmologist or optometrist wishes the Administration to consider, if any; and

      (ii) Administration's consideration relating to a vision reexamination on a 6-month or 12-month basis, if any; and

    (g) A statement as to whether:

      (i) The patient has been referred to an appropriate physician because of any underlying medical condition,

      (ii) The patient has been fitted for bioptic telescopic lenses which the patient has had in the patient's possession at least 60 days before the patient's original or renewal application for a Maryland driver's license;

      (iii) The patient has received instructions at least equal to the suggested instructions as set forth in Regulation .04 of this chapter; and

      (iv) In the opinion of the optometrist or ophthalmologist, the patient's vision condition would interfere with the safe operation of a vehicle upon the highways.

#### Regulation .04 Additional Requirements.

*COMAR 11.17.05.04*

A. An individual who meets the minimum visual acuity standards of this chapter with bioptic telescopic lenses shall pass a skills test examination if the individual has not taken a skills test wearing the individual's bioptic telescopic lenses. Upon renewal, the Administration may waive a skills test reexamination for a bioptic telescopic lens wearer.

B. Instruction Requirements. Basic instruction requirements for an applicant wearing bioptic telescopic lenses shall ensure that the applicant has demonstrated the ability to:

  (1) Locate stationary objects within the telescopic field;

  (2) Locate a moving object in a large field of vision by anticipating future movement and coordinating head and eye movement to locate the moving object within the telescopic field;

  (3) Remember what has been seen after a brief exposure, with the duration of exposure diminished constantly to simulate short looking time while driving; and

  (4) Differentiate varying levels of illumination such as daylight, dusk, and nighttime while wearing bioptic telescopic lenses.

#### Regulation .05 Medical Advisory Board Referral.

*COMAR 11.17.05.05*

If the statement from the optometrist or ophthalmologist indicates that the applicant's vision loss is a result of a medical condition or the applicant's vision condition is not stable, the applicant shall be referred to the Medical Advisory Board for evaluation.

#### Regulation .06 Restrictions.

*COMAR 11.17.05.06*

A. If an individual applying for an original driver's license cannot meet the minimum visual requirements without the aid of corrective lenses and bioptic telescopic lenses, a license with an appropriate restriction shall be issued.

B. An individual may qualify only for a noncommercial Class C driver's license valid for a vehicle with a GVW of 10,000 pounds or less if it is necessary for the individual to use bioptic telescopic lenses to meet the minimum visual acuity standards.

C. A licensee may apply for a vision reexamination for the purpose of removing a vision-related restriction.

#### Regulation .07 Renewal.

*COMAR 11.17.05.07*

A. Upon application for renewal, if an individual required to submit to a vision reexamination holds a license which is not restricted to operation with bioptic telescopic lenses, and the individual cannot meet the minimum visual requirements except with the aid of bioptic telescopic lenses, a renewal license with an appropriate restriction shall be issued if the individual passes the required skills test.

B. If an individual's visual acuity has diminished to the extent that bioptic telescopic lenses are required to meet the minimum visual acuity, the individual shall convert the individual's Maryland driver's license to the noncommercial Class C driver's license combination, restricted to the operation of vehicles less than 10,000 pounds GVW.

C. Upon application for renewal, if an individual required to submit to a vision reexamination holds a license which is restricted to operation with corrective lenses or bioptic telescopic lenses, and that individual can meet the minimum visual requirements without the use of these lenses, that individual is entitled to file an application to have the restriction removed from the individual's renewal license.

#### Regulation .08 Disqualification.

*COMAR 11.17.05.08*

Notwithstanding any of the provisions of these regulations, if the Administration has received notification that an applicant or licensee has been certified legally blind, the certification may provide grounds for refusal to issue an original or renewal driver's license, and any current driver's license or learner's permit may be cancelled.

#### Regulation .09 Learner's Instructional Permit.

*COMAR 11.17.05.09*

A. The Administration shall require an individual who is applying for a learner's instructional permit under the provisions of these regulations to:

  (1) Submit the statements required by Regulation .03 of this chapter;

  (2) Pass a knowledge test; and

  (3) Pay the applicable fees.

B. If an individual whose license is up for renewal, and who needs bioptic telescopic lenses to meet the minimum vision requirements, fails a skills test, the individual may obtain a learner's card.

C. If an individual's license is valid at the time application is made for a license restricted to bioptic telescopic lenses, the learner's card shall be issued free of charge.

#### Regulation .10 Driver's License Requirements.

*COMAR 11.17.05.10*

The Administration shall require an individual who is applying for a driver's license restricted to bioptic telescopic lenses under the provisions of this chapter to:

A. Have a valid license or hold a valid learner's instructional permit; and

B. Pass the skills test.

### Chapter 06 — Identification Cards

**Authority:** Transportation Article, §§12-104(b), 12-301, and 12-302, Annotated Code of Maryland

**Administrative History:** Effective date: December 30, 1985 (12:26 Md. R. 2546)

**Administrative History:** Regulation .01 amended effective May 27, 1991 (18:10 Md. R. 1117); January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691)

**Administrative History:** Regulation .02 repealed effective July 30, 2018 (45:15 Md. R. 726)

**Administrative History:** Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)

**Administrative History:** Regulations .05—.08, .10, and .11 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)

**Administrative History:** Regulation .05 amended effective April 26, 2004 (31:8 Md. R. 647)

**Administrative History:** Regulation .05 repealed effective November 2, 2009 (36:22 Md. R. 1724)

**Administrative History:** Regulation .06 amended effective January 1, 1992 (18:25 Md. R. 2755); April 16, 2001 (28:7 Md. R. 691); April 26, 2004 (31:8 Md. R. 647)

**Administrative History:** Regulation .06 repealed effective November 2, 2009 (36:22 Md. R. 1724)

**Administrative History:** Regulation .07 amended effective July 30, 2018 (45:15 Md. R. 726)

**Administrative History:** Regulation .07C amended effective January 1, 1992 (18:25 Md. R. 2755)

**Administrative History:** Regulation .08A amended effective July 30, 2018 (45:15 Md. R. 726)

**Administrative History:** Regulation .08C amended effective January 1, 1992 (18:25 Md. R. 2755)

**Administrative History:** Regulation .08D amended effective April 10, 2016 (43:6 Md. R. 410)

**Administrative History:** Regulation .09 amended effective May 27, 1991 (18:10 Md. R. 1117)

**Administrative History:** Regulation .10 adopted effective March 21, 1988 (15:6 Md. R. 741)

**Administrative History:** Regulation .10 amended effective April 16, 2001 (28:7 Md. R. 691)

**Administrative History:** Regulation .11 adopted as an emergency provision effective March 27, 1992 (19:8 Md. R. 801); adopted permanently effective September 14, 1992 (19:18 Md. R. 1657)

**Administrative History:** Regulation .11 amended effective January 29, 2007 (34:2 Md. R. 138)

**Administrative History:** Regulation .11 repealed effective November 2, 2009 (36:22 Md. R. 1724)

**Administrative History:** Regulation .11B amended effective February 27, 1995 (22:4 Md. R. 237)

**Administrative History:** Regulation .11C amended effective July 28, 2008 (35:15 Md. R. 1349)

**Administrative History:** Regulation .11D amended as an emergency provision effective January 1, 2006 (33:4 Md. R. 350); amended permanently effective March 13, 2006 (33:5 Md. R. 521)

**Administrative History:** Regulation .11D amended effective December 17, 2007 (34:25 Md. R. 2211); July 28, 2008 (35:15 Md. R. 1349)

**Administrative History:** Regulations .12 and .13 adopted as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); adopted permanently effective September 22, 1997 (24:19 Md. R. 1342)

**Administrative History:** Regulations .12 and .13 repealed effective November 2, 2009 (36:22 Md. R. 1724)

#### Regulation .01 Identification Card.

*COMAR 11.17.06.01*

A. Pursuant to Transportation Article, §12-301, Annotated Code of Maryland, a photo identification card shall be issued upon application on a form prescribed by the Motor Vehicle Administration (the Administration) to any resident of Maryland:

  (1) Who does not possess a valid driver's license or a moped permit;

  (2) Whose privilege to drive has been refused, canceled, suspended, or revoked; or

  (3) Who has been issued a temporary license under Transportation Article, §16-205.1, Annotated Code of Maryland.

B. The fee for an identification card is as set forth in COMAR 11.11.05.

#### Regulation .02 Not a License — Repealed.

*COMAR 11.17.06.02*

#### Regulation .03 Surrender — Repealed.

*COMAR 11.17.06.03*

#### Regulation .04 Minor Application.

*COMAR 11.17.06.04*

A. The application for an identification card for a minor under 18 years old shall be cosigned by a parent or a legal guardian of the applicant. If the applicant has no parent or legal guardian, or is married, an adult employer of the applicant or any other responsible adult over 18 years old can cosign.

B. The individual cosigning the application of a minor shall certify that the statements made in the application are true to the best of the cosigner's knowledge, information, and belief.

#### Regulation .05 Repealed.

*COMAR 11.17.06.05*

#### Regulation .06 Repealed.

*COMAR 11.17.06.06*

#### Regulation .07 Duplicate.

*COMAR 11.17.06.07*

A duplicate identification card may be issued to replace one which has been lost, stolen, mutilated, or destroyed if the person applying for a duplicate card furnishes information satisfactory to the Administration of the above circumstances, pays the required fee, and is entitled to a duplicate license.

#### Regulation .08 Correction.

*COMAR 11.17.06.08*

A. Upon receipt from the identification cardholder, on a change request form prescribed by the Administration, the Administration shall issue an attachment card to correct the resident address.

B. There is no fee for the attachment card.

C. Upon request by the identification cardholder, on a form prescribed by the Administration, the Administration shall issue a new identification card instead of the attachment card. The applicant shall appear in person and pay a fee as set forth in COMAR 11.11.05.

D. There is no fee for adding or deleting:

  (1) An organ donor designation to an identification card; or

  (2) A veteran designation to an identification card.

#### Regulation .09 Fees Not Refundable.

*COMAR 11.17.06.09*

The fees authorized by Transportation Article, §12-301, Annotated Code of Maryland, and this chapter for issuance, duplication, correction, or renewal of the identification cards may not be refunded.

#### Regulation .10 Waiver of Fee.

*COMAR 11.17.06.10*

A. For purposes of this regulation, the word “blind” means:

  (1) Visual acuity not to exceed 20/200 in the better eye with correcting lenses; or

  (2) Visual acuity greater than 20/200 but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle not greater than 20 degrees.

B. A fee is not required if the applicant for an identification card is exempt under Transportation Article, §12-301(b)(2), Annotated Code of Maryland.

C. An application for a waiver of fees pursuant to Transportation Article, §12-301(b)(2)(ii)—(iv), Annotated Code of Maryland, may be required to be accompanied by a:

  (1) Card issued by a governmental agency or tax exempt organization attesting to the disability; or

  (2) Signed statement by a licensed physician attesting to the permanent disability, except in a case when a loss of limb is clearly visible.

### Chapter 07 — Driver Improvement Programs, Drug and Alcohol Education Programs, and Point System Conferences

*Repealed — See COMAR 11.12.09*

**Administrative History:** Effective date: November 18, 1985 (12:23 Md. R. 2221)

**Administrative History:** Regulation .02A amended effective January 1, 1992 (18:25 Md. R. 2755)

**Administrative History:** Regulation .02B amended effective August 25, 1986 (13:17 Md. R. 1923)

**Administrative History:** Regulation .03B amended effective January 1, 1992 (18:25 Md. R. 2755)

**Administrative History:** Regulation .04C amended effective August 25, 1986 (13:17 Md. R. 1923)

**Administrative History:** Regulation .05A amended effective August 25, 1986 (13:17 Md. R. 1923)

**Administrative History:** Regulation .05C adopted effective May 18, 1987 (14:10 Md. R. 1171)

**Administrative History:** Regulations .01—.05 repealed and new Regulations .01—.07 adopted effective June 20, 1994 (21:12 Md. R. 1061)

**Administrative History:** Regulation .01 amended effective September 22, 1997 (24:19 Md. R. 1342)

**Administrative History:** Regulation .01-1 adopted effective January 9, 2000 (26:27 Md. R. 2016)

**Administrative History:** Regulation .02 amended effective September 22, 1997 (24:19 Md. R. 1342)

**Administrative History:** Regulation .03 amended effective September 22, 1997 (24:19 Md. R. 1342); January 9, 2000 (26:27 Md. R. 2016)

**Administrative History:** Regulation .06 amended effective September 22, 1997 (24:19 Md. R. 1342)

**Administrative History:** Chapter, Driver Improvement Programs, Drug and Alcohol Education Programs, and Point System Conferences, repealed effective March 1, 2008 (35:2 Md. R. 127)

### Chapter 08 — Reinstatement of Revoked Driver's License or Privileges

**Authority:** Transportation Article, §§12-104(b), 16-208(b)(5), and 16-209, Annotated Code of Maryland

**Administrative History:** Effective date: November 4, 1985 (12:22 Md. R. 2108)

**Administrative History:** Regulation .01 repealed and new Regulation .01 adopted effective April 26, 1993 (20:8 Md. R. 723)

**Administrative History:** Regulation .01B amended effective September 30, 2002 (29:19 Md. R. 1525); May 2, 2011 (38:9 Md. R. 553)

**Administrative History:** Regulation .02 amended effective September 30, 2002 (29:19 Md. R. 1525)

**Administrative History:** Regulation .02B and C amended effective April 26, 1993 (20:8 Md. R. 723)

**Administrative History:** Regulation .03 adopted effective January 1, 1992 (18:25 Md. R. 2756)

**Administrative History:** Regulations .04—.06 adopted effective April 26, 1993 (20:8 Md. R. 723)

**Administrative History:** Regulation .04 amended effective May 2, 2011 (38:9 Md. R. 553)

**Administrative History:** Regulation .04A amended effective September 30, 2002 (29:19 Md. R. 1525)

**Administrative History:** Regulation .05A amended effective September 30, 2002 (29:19 Md. R. 1525)

**Administrative History:** Regulation .06C amended effective September 30, 2002 (29:19 Md. R. 1525)

#### Regulation .01 Definitions.

*COMAR 11.17.08.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Administration” means the Motor Vehicle Administration.

  (2) “Alcohol incident” means a:

    (a) Conviction or probation before judgement of a violation of Transportation Article, §21-902(a), (b), or (c), Annotated Code of Maryland, or a conviction or probation before judgement of a violation of a similar law of another jurisdiction;

    (b) Refusal to submit to a test to determine alcohol concentration in this State or another jurisdiction;

    (c) Test result indicating an alcohol concentration of 0.08 or more at the time of testing, as provided for in Transportation Article, §16-205.1, Annotated Code of Maryland, or a similar law in another jurisdiction; or

    (d) Report of specific incidents of drunkenness or crimes resulting from drunkenness, whether or not in a motor vehicle.

  (3) “Approved alcohol education program” means a program which has been approved by the Alcohol and Drug Abuse Administration of the Maryland Department of Health.

  (4) “Certified alcohol treatment program” means a program which has been certified by the Alcohol and Drug Abuse Administration of the Maryland Department of Health.

  (5) “Certified substance abuse treatment program” means a program which has been certified by the Alcohol and Drug Abuse Administration of the Maryland Department of Health.

#### Regulation .02 Factors to Consider.

*COMAR 11.17.08.02*

The following factors may be considered by the Motor Vehicle Administration in the review or decision-making process upon receipt of applications for reinstatement:

A. Complete driving record history. The following apply:

  (1) In reviewing convictions, offenses, and accidents, the following points shall be considered:

    (a) Nature and seriousness of offenses;

    (b) Degree of hazard or other aggravation indicated by court actions;

    (c) Repetition and frequency of offenses;

    (d) Accident involvement—the degree of seriousness in terms of fatalities, personal injury to the applicant or others, and property damage.

  (2) After considering the sequence, pattern, nature, and the seriousness of offenses, the Administration shall consider:

    (a) The number of violations reported in the last 2 or 3 years of driving history;

    (b) The intervals between violations;

    (c) The distribution of violations—consistent or sudden problems after a long period of good driving;

    (d) Repeated involvement in the same type of violation;

    (e) Possibility of physical or mental deficiencies on the part of the driver which would account for accidents;

    (f) Indication of alcohol or drug abuse, or lack of physical ability, knowledge, or skill to drive safely which may predict future offenses or accidents, or both.

B. Information reported from other sources, including:

  (1) Convictions, dispositions of probation before judgment, and any arrests pending dispositions of the court relating to:

    (a) Drug use or drug addiction, whether or not involving a motor vehicle,

    (b) Drunkenness or crimes resulting in drunkenness whether or not in a motor vehicle, or

    (c) Felonies involving a motor vehicle;

  (2) Recommendations for driver reexamination filed by law enforcement because of irrational behavior, apparent physical or mental disability or incompetence, or other reason;

  (3) Reports or recommendations from probation officers, social workers, drinking driver monitors, or all of these;

  (4) Reports of violations of license suspensions, revocations, or restrictions in other jurisdictions;

  (5) Reports or recommendations, or both, from courts, hospitals, health departments, treatment facilities, physicians, psychologists, and counselors or other health care practitioners;

  (6) Information from the applicant's family, friends, or neighbors concerning the applicant's mental or physical condition;

  (7) Conviction of defaced, mutilated, altered, or fraudulent licenses;

  (8) Reports of continued driving during revocation period;

  (9) Accident investigation reports by law enforcement or insurance companies;

  (10) Information from present or previous employers, local police departments, local bars, restaurants, drugstores, or other sources;

  (11) Reports, recommendations, or decisions from administrative law judges employed by the Office of Administrative Hearings.

C. Internal records, including findings, reports, alcohol assessments, or recommendations, or all of these, from the medical advisory board, or other sources within the Administration.

#### Regulation .03 Fees.

*COMAR 11.17.08.03*

The fees for the reinstatement of a revoked driver's license or privilege to drive are as set forth in COMAR 11.11.05.

#### Regulation .04 Alcohol Abuse or Chemical Addiction Treatment Required.

*COMAR 11.17.08.04*

A. If an applicant has been involved in two alcohol-related or other substance-related driving incidents during the past 5 years, or three or more alcohol-related or other substance-related driving incidents in a lifetime, the applicant shall submit with the reinstatement application evidence of current participation in or completion of a certified substance abuse treatment program of at least 90 days.

B. Regardless of the number of incidents, if, as the result of investigation or assessment, an applicant is determined to have alcoholism or a chemical addiction that has not been addressed, the Administration may require evidence of at least 90 days of satisfactory completion of a certified substance abuse treatment program.

C. An individual applying for reinstatement may be required to undergo review or appear for an interview before the Medical Advisory Board.

D. As a condition for approval, the Administration may impose certain restrictions, limitations, or other requirements determined to be appropriate to ensure an individual’s safe driving of a motor vehicle, including but not limited to, enrollment in the Ignition Interlock Program.

#### Regulation .05 Conditions for Reinstatement.

*COMAR 11.17.08.05*

As conditions for reinstatement, the Administration may require one or more of the following:

A. Participation or continued participation in a certified substance abuse treatment program for a specified period of time;

B. Attendance for a specified period of time at self-help group meetings such as Alcoholics Anonymous, Narcotics Anonymous, or other acceptable support groups;

C. Enrollment in the Drinking Driver Monitor Program of the Division of Parole and Probation, Department of Public Safety and Correctional Services, for a specified period of time and in the manner prescribed by the program's monitor;

D. Attendance at an approved alcohol education program for the period of time prescribed by the program's director; or

E. Compliance with any recommendations of the Administration's Medical Advisory Board.

#### Regulation .06 Tests Required Following Reinstatement Approval.

*COMAR 11.17.08.06*

A. If an individual applies for reinstatement under Transportation Article, §16-208(b)(2), Annotated Code of Maryland, the Administration may waive the:

  (1) Driving test; and

  (2) Knowledge of the law test.

B. In determining whether to waive the tests under §A of this regulation, the Administrator shall consider whether:

  (1) The reason for the revocation would require that one or more tests, as appropriate, be administered;

  (2) The driving record of the applicant would require that one or more tests, as appropriate, be administered;

  (3) Some other reason, discovered during the reinstatement process, would require that one or more tests, as appropriate, be administered; and

  (4) A waiver would be contrary to public safety.

C. If an individual applies for reinstatement under Transportation Article, §16-208(b)(3), (4), or (5), Annotated Code of Maryland, the Administration may not reinstate the individual until the individual:

  (1) Passes the driving test, vision screening, and knowledge of the law test; and

  (2) Complies with any other conditions imposed by the Administration as a prerequisite to being reinstated.

### Chapter 09 — Proof of Age, Full Name, Identity, Maryland Residence, Social Security Number, and Lawful Status

**Authority:** Transportation Article, §§12-104(b), 12-301, 16-103.1, 16-104.2, 16-106, 16-115, and 16-121—16-122, Annotated Code of Maryland; 6 CFR 37

**Administrative History:** Effective date: September 7, 1987 (14:18 Md. R. 1967)

**Administrative History:** Chapter revised effective October 28, 1991 (18:21 Md. R. 2310)

**Administrative History:** Regulations .01, .02, .04 and .05 amended as an emergency provision effective March 27, 1992 (19:8 Md. R. 802)

**Administrative History:** Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 14, 1992 (19:18 Md. R. 1658)

**Administrative History:** Regulations .03, .04, and .07—.09 amended as an emergency provision effective April 1, 1997 (24:9 Md. R. 654); amended permanently effective September 22, 1997 (24:19 Md. R. 1342)

**Administrative History:** Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2211)

**Administrative History:** Regulation .04A amended effective December 17, 2007 (34:25 Md. R. 2211)

**Administrative History:** Regulation .04C amended effective February 27, 1995 (22:4 Md. R. 237)

**Administrative History:** Regulation .04D, E amended effective January 29, 2007 (34:2 Md. R. 138)

**Administrative History:** Regulation .06A amended effective January 29, 2007 (34:2 Md. R. 138)

**Administrative History:** Regulations .01—.09 repealed and new Regulations .01—.07 adopted effective November 2, 2009 (36:22 Md. R. 1724)

**Administrative History:** Regulation .01 amended effective March 12, 2018 (45:5 Md. R. 286)

**Administrative History:** Regulation .01A amended effective June 26, 2017 (44:11 Md. R. 525)

**Administrative History:** Regulation .02B amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)

**Administrative History:** Regulation .03 amended effective June 26, 2017 (44:11 Md. R. 525)

**Administrative History:** Regulation .04 amended effective June 26, 2017 (44:11 Md. R. 525); March 12, 2018 (45:5 Md. R. 286)

**Administrative History:** Regulation .04C, D amended effective December 17, 2018 (45:25 Md. R. 1206)

**Administrative History:** Regulation .04G amended effective May 2, 2011 (38:9 Md. R. 553)

**Administrative History:** Regulation .05 amended effective December 17, 2018 (45:25 Md. R. 1206)

**Administrative History:** Regulation .05C amended effective March 21, 2011 (38:6 Md. R. 395); May 2, 2011 (38:9 Md. R. 553); October 16, 2023 (50:20 Md. R. 888)

**Administrative History:** Regulation .05C, D amended effective June 26, 2017 (44:11 Md. R. 525)

**Administrative History:** Regulation .05C, E amended effective September 3, 2012 (39:17 Md. R. 1148)

**Administrative History:** Regulation .05D amended effective March 12, 2018 (45:5 Md. R. 286)

**Administrative History:** Regulation .06 amended effective June 26, 2017 (44:11 Md. R. 525)

**Administrative History:** Regulation .06C amended effective March 12, 2018 (45:5 Md. R. 286)

**Administrative History:** Regulation .06C, D, E adopted effective May 2, 2011 (38:9 Md. R. 553)

**Administrative History:** Regulation .07 amended effective June 26, 2017 (44:11 Md. R. 525)

**Administrative History:** Regulation .07C, D amended effective March 12, 2018 (45:5 Md. R. 286)

**Administrative History:** Regulation .08 adopted effective January 23, 2023 (50:1 Md. R. 8)

#### Regulation .01 Purpose and Application.

*COMAR 11.17.09.01*

The purpose of this chapter is to identify the documents acceptable to the Administration as proof of age, full name, identity, Maryland residence, Social Security number, and lawful status required for the issuance of a Maryland license or identification card as set forth in Ch. 390, Acts of 2009.

#### Regulation .02 Definitions.

*COMAR 11.17.09.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Administration” means the Motor Vehicle Administration.

  (2) “Birth certificate” means:

    (a) An original birth certificate or certified copy of the original birth certificate issued by a state or a territory of the United States; or

    (b) Record of birth issued by the State Office of Vital Records or the equivalent agency in the applicant's state of birth.

  (3) “Compliant” means a license or identification card that meets federal REAL ID standards.

  (4) “Full name” means an applicant's first, middle, and last name or surname, and suffix, if applicable, without the use of titles, initials or nicknames.

  (5) “Identification card” means a photo identification card issued under Transportation Article, §12-301, Annotated Code of Maryland.

  (6) “Lawful status” has the meaning stated in Transportation Article, §11-127.1, Annotated Code of Maryland.

  (7) License.

    (a) “License” means an original, renewal, duplicate, or corrected driver's license or permit to drive a motor vehicle issued by the Administration; and

    (b) “License” includes a:

      (i) Temporary license;

      (ii) Learner's instructional permit;

      (iii) Moped operator's permit;

      (iv) Provisional license; or

      (v) Commercial driver's license.

  (8) “Limited Term” means a compliant license or identification card where the term expires at:

    (a) The expiration date of the applicant’s authorized stay in the United States; or

    (b) If there is no verifiable expiration date, no longer than 1 year from date of issuance.

  (9) “Noncompliant” means a license or identification card that does meet federal REAL ID standards and is not acceptable by federal agencies for official purposes.

  (10) “Nursing home" means either:

    (a) A comprehensive care facility, as defined in COMAR 10.07.02.01B(6); or

    (b) An extended care facility, as defined in COMAR 10.07.02.01B(12).

  (11) “Renewal” means a license or identification card issued to replace an expiring license or identification card.

  (12) “Residence” has the meaning stated in Transportation Article, §11-149, Annotated Code of Maryland.

  (13) “SSA” means Social Security Administration.

  (14) “SSN” means a Social Security number assigned by the Social Security Administration.

  (15) “SSN non-match” means a Social Security number (SSN) which cannot be verified electronically with the Social Security Administration.

  (16) “Source document” means the original or a certified copy of a document acceptable to the Administration that is submitted by an applicant for a license or identification card.

  (17) “State” means any state, possession, or territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province or territory of Canada.

  (18) “Temporary lawful status” has the meaning stated in Transportation Article, §11-165.1, Annotated Code of Maryland.

  (19) “U.S. DHS” means the United States Department of Homeland Security.

#### Regulation .03 Applicant's Requirements.

*COMAR 11.17.09.03*

A. An applicant requesting a Maryland license or identification card shall provide verifiable documentation acceptable to the Administration. The documentation shall provide proof of:

  (1) Age, full name, and identity as set forth in Regulation .04B of this chapter;

  (2) Residency as set forth in Regulation .04C of this chapter;

  (3) Valid SSN or the applicant's ineligibility for a SSN as set forth in Regulation .04D and .04E of this chapter; and

  (4) Lawful or temporary lawful status as set forth in Regulation .04F of this chapter.

B. The applicant shall:

  (1) Certify under penalty of perjury that the information provided in the application is true and correct; and

  (2) Pay any applicable fees set forth in COMAR 11.11.05.03.

C. Temporary Lawful Status. In accordance with Maryland Vehicle Law, an applicant for a license or identification card with verifiable proof of temporary lawful status in the U.S. may be issued a limited term license or identification card.

#### Regulation .04 Source Documents for Proof of Age, Full Name, Identity, Maryland Residence, Social Security Number, and Lawful Status or Temporary Lawful Status.

*COMAR 11.17.09.04*

A. Except as otherwise provided in this chapter, an applicant for a Maryland license or identification card shall provide as applicable the documents specified in this chapter to the Administration as proof of:

  (1) Age;

  (2) Full name;

  (3) Identity;

  (4) Maryland residence;

  (5) SSN or proof of ineligibility for an SSN; and

  (6) Lawful status.

B. An applicant, to establish proof of age, full name, and identity, shall submit at least one of the following source documents:

  (1) Valid, unexpired U.S. passport;

  (2) Birth certificate as defined in Regulation .02 of this chapter;

  (3) Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State (DOS), Form FS-240, DS-1350, or FS-545;

  (4) Valid, unexpired Permanent Resident Card, Form I-551, issued by the U.S. DHS;

  (5) Certificate of Naturalization, form N-550 or N-570 issued by the U.S. DHS;

  (6) Certificate of Citizenship, Form N-560 or N-561 issued by the U.S. DHS;

  (7) Unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved I-94 form documenting the applicant's most recent admittance into the U.S.;

  (8) Unexpired employment authorization documents (EAD), Form I-776 or I-688B, issued by the U.S. DHS; or

  (9) Any other documents designated acceptable by U.S. DHS by notice published in the Federal Register or acceptable to the Administration.

C. Source Documents for Residency. To establish Maryland residency, an applicant for a license or identification card shall submit at least two different source documents reflecting the applicant’s full name and current Maryland residence address. The address on source documents shall match the address on the application. The residency source documents include:

  (1) Maryland vehicle registration card or title;

  (2) Communication from a utility, telephone, cable or satellite TV provider regarding an account held by the applicant;

  (3) Communication from a financial institution, or collection agency regarding an account held or debt owed by the applicant;

  (4) Insurance card or policy;

  (5) Property tax bill or receipt;

  (6) Mortgage account statement, deed, communication from the State Department of Assessments and Taxation, or other proof of home ownership;

  (7) Residential rental contract, an apartment lease, or other rental of real property;

  (8) Mail or benefits statement from a federal, state, or local government agency;

  (9) Copy of federal or Maryland income tax return filing not more than 18 months old, with proof of filing;

  (10) Installment contract from a bank or other financial institution;

  (11) Sales tax or business license;

  (12) Credit card statement;

  (13) Residential service contract or proof of delivery for services performed at the address of residence;

  (14) Court order of probation, order of parole, or order of mandatory release;

  (15) Medical or hospital bill;

  (16) Voter registration card;

  (17) Selective Service Card;

  (18) Communication from a United States (U.S.) college or university regarding an account held by the applicant;

  (19) U.S. high school report card or U.S. high school transcript;

  (20) Valid Maryland State-issued professional license; or

  (21) Other proof of residency acceptable to the Administration.

D. To establish proof of SSN, an applicant shall submit:

  (1) Original Social Security card;

  (2) W-2 form;

  (3) SSA-1099 form;

  (4) Non-SSA-1099 form; or

  (5) Pay stub bearing the applicant's name and SSN.

E. To establish proof of ineligibility for an SSN, an applicant shall submit:

  (1) Documentation demonstrating non-work authorized status; or

  (2) Other proof of ineligibility for an SSN acceptable to the Administration.

F. Proof of Lawful Status.

  (1) An applicant may use an acceptable document submitted as proof of age, full name, and identity under §B(1)—(8) of this regulation as proof of lawful status; or

  (2) If an applicant submits one source document for proof of age, full name, and identity under §B(9) of this regulation, the applicant shall submit a second source document listed under §B(1)—(8) of this regulation, or other documentation issued by the U.S. DHS or other federal agencies to establish lawful status.

G. Applicants requesting a name change or to establish a name other than the name that appears on a source document shall submit documentation issued by a court, governmental body, or other entity acceptable to the Administration to include:

  (1) Certified copy of a court order pertaining to the name change;

  (2) Original or certified copy of a marriage certificate;

  (3) Original or certified copy of a divorce decree; or

  (4) Original or certified copy of a birth certificate.

#### Regulation .05 Source Document Exception Process.

*COMAR 11.17.09.05*

A. In accordance with 6 CFR §37.11(h), the Administration has established an exception process for the issuance of a license or identification card to an applicant who is unable to comply with all the source document requirements for proof of identity or residency.

B. If an applicant is unable to comply with the source document requirements set forth in Regulation .04 of this chapter due to circumstances beyond the applicant's control, the applicant may submit the alternate source documents under §§CE of this regulation.

C. The Administration may accept the following documents as proof of Maryland residency if submitted by an applicant under the following circumstances:

  (1) If the applicant is a dependent:

    (a) Under the age of 21 and resides with the parent or guardian:

      (i) Written certification of the residence of the parent or guardian with whom the applicant resides, signed in the presence of a representative of the Administration; and

      (ii) A valid Maryland license or identification card for proof of the parent or guardians identity and Maryland residence address;

    (b) Twenty-one and over:

      (i) Written certification of the residence of the person with whom the applicant resides, signed in the presence of a representative of the Administration;

      (ii) Documentation to prove the applicant is a dependent of the individual certifying the residency; and

      (iii) A valid Maryland license or identification card for proof of identity and Maryland residence address of the person with whom the applicant resides;

  (2) If the applicant is a married individual:

    (a) A statement from the applicant's adult spouse with whom the applicant resides, signed in the presence of a representative of the Administration; and

    (b) A valid Maryland license or identification card for proof of identity and Maryland residence address of the adult spouse with whom the applicant resides;

    (c) If last names are different, an original or certified copy of their marriage certificate or tax filings;

  (3) If the applicant is a resident of a nursing home, a statement from the nursing home written on the nursing home's letterhead, which shall include:

    (a) The applicant's full name and date of birth;

    (b) Address of the nursing home;

    (c) Name and phone number of the contact person at the home; and

    (d) Signature of the nursing home's manager or representative;

  (4) If the applicant is an incarcerated individual or former incarcerated individual within 60 days of release:

    (a) An Order of Parole;

    (b) An Order of Mandatory Release; or

    (c) An address certification form issued by the Administration and signed by a designated official of the correctional facility, or other designated official of the Department of Public Safety and Correctional Services or Federal Bureau of Prisons;

  (5) If the applicant is a homeless individual, an original letter on letterhead from a homeless shelter, or service provider, which shall include:

    (a) A statement that the applicant is homeless;

    (b) The address of the shelter or service provider;

    (c) The name and phone number of the contact person; and

    (d) The signature of the shelter representative or service provider; or

  (6) If the applicant is in the care of the Department of Juvenile Service, the Administration may accept an address certification form issued by the Administration and signed by a designated official of the Department of Juvenile Services.

D. The Administration may accept the following documents as proof of identity and date of birth if the applicant is unable to provide the source documents defined under Regulation .04 of this chapter:

  (1) Original or certified U.S. adoption records with name and date of birth; or

  (2) A United States Passport that has been expired for less than 5 years.

E. If the applicant is 65 years old or older, the Administration may accept the following documents as proof of identity and date of birth if the applicant is unable to provide the source documents defined under Regulation .04 of this chapter:

  (1) An original or certified copy of a military discharge document from the military with the applicant's name and date of birth; or

  (2) A Social Security Administration Benefits Summary with full name and date of birth included with one of the following:

    (a) A hospital birth certificate issued by a hospital in the United States and showing the applicants name and date of birth;

    (b) A baptismal certificate issued within the United States and showing the applicants name and date of birth; or

    (c) A census record issued by the United States Census Bureau showing the applicants name and date of birth;

    (d) A Veterans Identification Card issued by the United States Department of Veterans Affairs showing the applicants name; or

  (3) Other documents designated as acceptable by the Administration.

F. If an applicant is incapacitated and physically unable to visit the Administration to apply for an identification card in person, the Administration may complete the application and issuance process by mail if the applicant:

  (1) Holds or has held a Maryland license or identification card and there is a usable image and signature of the applicant on file;

  (2) Submits certification stating the reason the applicant is physically unable to apply for an identification card in person; and

  (3) Submits a completed application and includes any applicable fees.

#### Regulation .06 Renewal or Issuance of a Subsequent License or Identification Card.

*COMAR 11.17.09.06*

A. This regulation applies to the issuance of a renewal or subsequent license or identification card.

B. The Administration shall issue an applicant:

  (1) A compliant or limited term license or identification card as defined under this chapter; or

  (2) A noncompliant license or noncompliant identification card as provided for under Transportation Article, §16-122, Annotated Code of Maryland.

C. The requirement to establish proof of age, full name, identity, lawful status, SSN, and Maryland residency may be waived for the holder of an existing Maryland license or identification card, which is valid or has been expired for less than 1 year, under the following conditions:

  (1) For an applicant seeking a compliant driver’s license or identification card, the applicant’s:

    (a) Driver’s license or identification card is not a limited term driver’s license or identification card;

    (b) Proof of age, full name, identity, lawful status, SSN if applicable, Maryland residency and digital photographic image and signature are on file with the Administration and the applicant provides full name and signature documents acceptable to the Administration;

    (c) SSN is verified through the SSA, if applicable; and

    (d) Maryland residency address is acceptable to the Administration; or

  (2) For an applicant seeking a non-compliant driver’s license or identification card, the applicant’s:

    (a) Driver’s license or identification card is not a limited term driver’s license or identification card;

    (b) Proof of age, full name, identity, Maryland residency and digital photographic image and signature are on file with the Administration and the applicant provides full name and signature documents acceptable to the Administration; and

    (c) Maryland residency address is acceptable to the Administration.

D. An applicant who currently holds a limited term driver's license or identification card, which is valid or has been expired for less than 1 year, applying for a subsequent driver’s license or identification card shall be required to provide:

  (1) Proof of identity, if not on file;

  (2) Lawful status; and

  (3) Valid SSN verified through the SSA or proof of ineligibility for a SSN, if not on file.

E. An applicant who currently holds a noncompliant driver's license or noncompliant identification card, which is valid or has been expired for less than one year, applying for a compliant driver’s license or compliant identification card shall be required to provide:

  (1) Proof of identity, if not on file;

  (2) Lawful status; and

  (3) Valid SSN verified through the SSA or proof of ineligibility for a SSN, if not on file.

#### Regulation .07 45 Day Temporary License or Identification Card.

*COMAR 11.17.09.07*

A. This regulation applies to the renewal or issuance of a license or identification card.

B. In the event of a SSN non-match with the SSA, the Administration shall issue a 45 day noncompliant license or 45 day identification card only if the Administration has reasonable grounds to determine that the applicant otherwise meets all eligibility requirements for a license or identification card, with the exception of the SSN non-match, as provided for under Transportation Article, §§16-121(c) and 16-122, Annotated Code of Maryland.

C. In the event of any other non-match as provided for under Transportation Article, §§16-121(c), and 16-122, the Administration shall issue a 45 day noncompliant license or 45 day identification card only if the Administration has reasonable grounds to determine that the applicant otherwise meets all eligibility requirements as set forth in Regulation .03 of this chapter for, a license or identification card but for the non-match, as provided for under Transportation Article, §§16-121(c) and 16-122, Annotated Code of Maryland.

D. In the event an applicant is unable to pass a required vision test, the Administration may issue a 45 day temporary license if at the time of testing:

  (1) The applicant has a valid un-expired Maryland Driver’s License; and

  (2) The Administration has reason to believe the applicant is not a safety hazard.

E. In any other circumstance approved by the Administrator, the Administration may issue a 45 day temporary license or identification card.

#### Regulation .08 Two-Year Temporary License or Identification Card Renewal.

*COMAR 11.17.09.08*

A. This regulation applies to a temporary 2-year renewal of a license or identification card.

B. The Administration may issue a temporary license or identification card in accordance with Transportation Article, §12-301 or 16-115, Annotated Code of Maryland, for a period not to exceed 2 years if the individual:

  (1) Holds or previously held a valid Maryland license or ID card;

  (2) Is Real-ID compliant;

  (3) Has made application to renew the license or ID card;

  (4) Certifies under penalty of perjury that the information provided in the application is true and correct;

  (5) Pays the required prorated fee for issuance as set for in COMAR 11.11.05; and

  (6) Presents one of the following documents:

    (a) A military ID, orders, or other proof of active duty;

    (b) An employment card for nonmilitary government;

    (c) A school transcript, letter of assignment, or other enrollment proof; or

    (d) A certified statement on the form developed by the Administration.

C. The Administration may not issue a temporary license or ID card if the applicant holds or previously held a:

  (1) License or ID card that has been expired for more than 1 year; or

  (2) Temporary lawful status license or ID card.

D. Exceptions. The requirement under §B(6) of this regulation may be waived for an applicant in the event of the following:

  (1) An officially declared State of Emergency; or

  (2) Any other situation if the Administration considers it necessary.

### Chapter 10 — Drivers' Records

*Repealed*

**Administrative History:** Effective date: October 5, 1987 (14:20 Md. R. 2143)

**Administrative History:** Regulation .02 amended effective September 16, 1991 (18:18 Md. R. 2007)

**Administrative History:** Regulations .01—.05 repealed effective October 15, 2012 (39:20 Md. R. 1307)

### Chapter 11 — Unauthorized Additions to Driver's License, Permit, or Photo Identification Card

**Authority:** Transportation Article, §§12-104(b), 16-206(a)(iii), and 16-301, Annotated Code of Maryland

**Administrative History:** Effective date: January 12, 1987 (14:1 Md. R. 32)

**Administrative History:** Regulation .01B, C amended effective May 2, 2011 (38:9 Md. R. 553)

**Administrative History:** Regulation .02C adopted effective May 2, 2011 (38:9 Md. R. 553)

#### Regulation .01 Definitions.

*COMAR 11.17.11.01*

A. “Administration” means the Motor Vehicle Administration.

B. “Donor designation” means the Motor Vehicle Administration's official issued decal designating that a donor certification is on file with the Administration, authorizing legal removal of needed body organs upon death.

C. “Unauthorized addition” means any bar code, designation, or sticker not duly authorized by the Administration.

#### Regulation .02 Unauthorized Additions Prohibited.

*COMAR 11.17.11.02*

A. A license, permit, or identification card holder may not affix, or have affixed, to the driver's license, permit, or identification card, any unauthorized addition.

B. Presentation or possession of a driver's license, permit or identification card having an unauthorized addition is in violation of Transportation Article, §16-206(a)(iii), Annotated Code of Maryland.

C. Donor Designation. Donor designation, as authorized and issued by the Administration, shall be indicated on a driver's license, permit, or identification card.

### Chapter 12 — Social Security Number

*Repealed*

**Administrative History:** Effective date: March 7, 1988 (15:5 Md. R. 622)

**Administrative History:** Regulation .01B amended effective June 23, 2003 (30:12 Md. R. 788); May 2, 2011 (38:9 Md. R. 553)

**Administrative History:** Regulations .02—.04 amended as an emergency provision effective March 27, 1992 (19:8 Md. R. 803)

**Administrative History:** Regulations .02—.04 amended effective September 14, 1992 (19:18 Md. R. 1658)

**Administrative History:** Regulation .02 amended effective June 23, 2003 (30:12 Md. R. 788)

**Administrative History:** Regulation .03A amended effective June 23, 2003 (30:12 Md. R. 788); May 2, 2011 (38:9 Md. R. 553)

**Administrative History:** Chapter repealed effective March 12, 2018 (45:5 Md. R. 286)

### Chapter 13 — Point System: Definition of Moving Violation and Assessment of Points

**Authority:** Transportation Article, §§12-104(b) and 16-402, Annotated Code of Maryland

**Administrative History:** Effective date: February 6, 1989 (16:2 Md. R. 161)

**Administrative History:** Regulation .01 amended effective April 20, 1998 (25:8 Md. R. 596)

**Administrative History:** Regulation .02B amended effective September 16, 1991 (18:18 Md. R. 2007); March 30, 1992 (19:6 Md. R. 675); April 20, 1998 (25:8 Md. R. 596); August 23, 1999 (26:17 Md. R. 1325); June 12, 2000 (27:11 Md. R. 1078); October 1, 2005 (32:18 Md. R. 1520); October 1, 2009 (36:19 Md. R. 1437); October 18, 2010 (37:21 Md. R. 1436); October 19, 2020 (47:21 Md. R. 904); August 21, 2023 (50:16 Md. R. 726)

#### Regulation .01 Definition.

*COMAR 11.17.13.01*

“Moving violation” means a conviction of any of the sections of Transportation Article, Title 21, Annotated Code of Maryland, which are listed in Regulation .02 of this chapter. This definition is for the purpose of administering the Transportation Article, §16-402(a)(1), Annotated Code of Maryland.

#### Regulation .02 Assessment of Points.

*COMAR 11.17.13.02*

A. One point shall be assessed against an individual convicted of the following sections of the Transportation Article, Annotated Code of Maryland, except that there shall be a three point assessment for any moving violation which contributes to an accident.

B. Section —  Moving Violation.

  (1) 13-919(g) — Operating dump truck vehicle in excess of speed limits

  (2) 21-103 — Willfully disobeying order/direction/summons of officer

  (3) 21-106 — Unsafe operation of emergency vehicle

  (4) 21-201 — Failure to obey instructions of traffic control device

  (5) 21-202(c), (e), (k) — Failure to yield right-of-way

  (6) 21-204 — Failure to obey a flashing traffic signal

  (7) 21-204.1 — Failure to obey a lane direction control signal

  (8) 21-207 — Failure to yield right-of-way to a funeral procession

  (9) 21-301 — Driving across center line/failure to drive on right side of roadway

  (10) 21-302 — Failure to drive on extreme right side of roadway

  (11) 21-303 — Improper passing/failure to permit vehicle to pass

  (12) 21-304 — Passing on the right when not permitted

  (13) 21-305 — Driving to the left of center of road where prohibited

  (14) 21-307 — Driving to the left in a no passing zone

  (15) 21-308 — Failure to drive in a designated direction on one-way roadway

  (16) 21-309 — Failure to drive on roadway in designated lane

  (17) 21-311 — Driving improperly on divided highway

  (18) 21-312 — Unauthorized entering/leaving controlled access highway

  (19) 21-313 — Driving on controlled access highway when prohibited

  (20) 21-401 — Failure to yield right-of-way at intersection

  (21) 21-401.1 — Failure to yield right-of-way at T intersection

  (22) 21-402 — Failure to yield right-of-way when making a left or U-turn

  (23) 21-403 — Failure to stop/yield at intersection/turn on highway

  (24) 21-404 — Failure to stop/yield right-of-way when entering highway

  (25) 21-404.1 — Entering highway from crossover without yielding right-of-way

  (26) 21-405(e)(1) — Failure to make required lane change for stopped emergency vehicle

  (27) 21-405(e)(2) — Failure to slow to reasonable speed while passing stopped emergency vehicle

  (28) 21-502(a)(c) — Failure to stop/pedestrian crossing in crosswalk

  (29) 21-504 — Failure to exercise due care for pedestrian

  (30) 21-508 — Driving through in a safety zone

  (31) 21-601 — Using improper position/method when making a turn

  (32) 21-602 — Making a U-turn on curve/crest of a grade where prohibited

  (33) 21-603 — Start/move vehicle unsafely without giving adequate signal

  (34) 21-604 — Unauthorized turning/slowing/stopping without required signal

  (35) 21-605 — Failure to use hand/arm signal/signal lamp when required

  (36) 21-606 — Improper hand/arm signal to stop/turn/decrease speed

  (37) 21-701 — Failure to stop and proceed safely to railroad grade crossing

  (38) 21-702 — Failure to obey stop sign at railroad grade crossing

  (39) 21-703 — Failure to stop at railroad crossing when carrying passenger/cargo

  (40) 21-704 — Driving/moving heavy equipment vehicles on/across railroad crossing

  (41) 21-705 — Entering/emerging from alley/driveway/building without stopping

  (42) 21-707 — Failure to stop at stop sign/yield at yield sign

  (43) 21-708 — Failure to stop for livestock at livestock crossing

  (44) 21-801 — Exceeding speed limit/failure to reduce speed when required

  (45) 21-801(a) — Driving at a speed not reasonable and prudent

  (46) 21-801.1 — Exceeding maximum speed limit by 19 miles per hour

  (47) 21-802.1 — Exceeding maximum speed limit by 19 miles per hour in a highway work zone

  (48) 21-803.1 — Exceeding maximum speed limit by 19 miles per hour in a school zone

  (49) 21-804 — Driving below minimum posted speed limit

  (50) 21-804(c) — Driving limited speed vehicle on prohibited highway

  (51) 21-805 — Driving without/unauthorized use of slow moving vehicle emblem

  (52) 21-805.1(a) — Driving without/unauthorized use of limited speed vehicle emblem

  (53) 21-806 — Driving school vehicle with passengers in excess of 45 miles per hour

  (54) 21-901.1(b) — Driving motor vehicle in a negligent manner

  (55) 21-903 — Driving motor vehicle on highway while consuming alcoholic beverage

  (56) 21-1101 — Stop/park/leave vehicle unattended without removing key/setting brake

  (57) 21-1102 — Unsafe backing of motor vehicle

  (58) 21-1103 — Driving a motor vehicle on a sidewalk

  (59) 21-1104 — Driving a vehicle with view obstructed/not in control

  (60) 21-1105 — Open/fail to close vehicle door when unsafe

  (61) 21-1106 — Permit/occupy mobile home while being towed on highway

  (62) 21-1108 — Coasting downgrade in neutral with clutch disengaged

  (63) 21-1109 — Following within 500 feet/parking within 300 feet of fire apparatus

  (64) 21-1110 — Driving over unprotected fire hose without consent of fire department

  (65) 21-1117 — Driving in improper manner to cause skidding/spinning wheels/noise

  (66) 21-1118 — Failure to comply with school vehicle regulations

  (67) 21-1119 — Driving/attempting to drive snow emergency route without snow tires/chains

  (68) 21-1120 — Driving a vehicle while wearing headset/earphones/earplugs on/in both ears

  (69) 21-1123 — Driving a vehicle on a highway with unauthorized passengers

  (70) 21-1124 — Use of a wireless communication device while operating a motor vehicle

  (71) 21-1124.1 — Use of a text messaging device while operating a motor vehicle

  (72) 21-1124.2(c)(1) — Second or subsequent offense of using handheld telephone while operating a Class H vehicle with passengers

  (73) 21-1124.2(c)(2) — Second or subsequent offense of using handheld telephone while licensed with a learner's permit or provisional driver's license

  (74) 21-1124.2(d)(2) — Second or subsequent offense of using handheld telephone while vehicle is in motion

  (75) 21-1125 — Operating a low speed vehicle on unauthorized roadway/highway

  (76) 21-1129 — Driving while operating unauthorized television/video equipment visible to the driver

  (77) 21-1132(d) — Exhibition driving in a special event zone

  (78) 21-1132(e)(1) — Exceeding the maximum speed limit by 1—9 miles per hour in a special event zone

  (79) 21-1132(e)(2) — Driving a motor vehicle in a negligent manner in a special event zone

  (80) 21-1132(e)(5) — Driving in an improper manner to cause skidding/spinning wheels/noise in a special event zone

  (81) 21-1133(a) — Unauthorized vehicle driving in dedicated bus lane

  (82) 21-1209(a)(1) — Failure to exercise due care for a bicycle, EPAMD, or motor scooter

  (83) 21-1209(a)(2) — Failure to provide minimum 3-foot distance when passing a bicycle/EPAMD/motor scooter

  (84) 21-1209(d) — Failure to yield right of way to a bicycle/EPAMD/motor scooter in designated bike lane or shoulder

  (85) 21-1302 — Improper riding/transporting person/articles on motorcycle

  (86) 21-1303 — Improper operation of motorcycle on laned highway

  (87) 21-1303.1(a) — Operating on unauthorized roadway/improper horsepower motorcycle

  (88) 21-1304 — Riding motorcycle while attached to another vehicle

  (89) 21-1404 — Failure to obey sign/signal/order direction at vehicle crossing

  (90) 21-1408 — Making a prohibited turn on vehicular crossing/crossover

  (91) 21-1409 — Failure to maintain posted minimum speed on a vehicular crossing

  (92) 21-1410 — Driving vehicle exceeding height/weight/width on vehicular crossing

  (93) 21-1412 — Violating special provisions while driving through tunnel

C. Other violations shall be assessed the point value as prescribed in the Transportation Article, Annotated Code of Maryland.

### Chapter 14 — Driver Knowledge and Skills Tests

**Authority:** Transportation Article, §§11-109, 12-104(b), 16-105, 16-110, and 16-807, Annotated Code of Maryland;49 CFR §§383.123 and 383.77

**Administrative History:** Effective date: December 25, 1989 (16:25 Md. R. 2713)

**Administrative History:** Regulation .02B amended effective August 1, 1994 (21:15 Md. R. 1307); August 28, 1995 (22:17 Md. R. 1320); June 12, 2000 (27:11 Md. R. 1079)

**Administrative History:** Regulation .02B amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005

**Administrative History:** Regulation .02B amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)

**Administrative History:** Regulation .02B amended effective July 30, 2018 (45:15 Md. R. 726)

**Administrative History:** Regulation .03 repealed effective July 30, 2018 (45:15 Md. R. 726)

**Administrative History:** Regulation .04 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)

**Administrative History:** Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)

**Administrative History:** Regulation .05E amended effective August 1, 1994 (21:15 Md. R. 1307)

**Administrative History:** Regulation .05H adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)

**Administrative History:** Regulation .06 amended effective June 12, 2000 (27:11 Md. R. 1079); July 30, 2018 (45:15 Md. R. 726)

**Administrative History:** Regulation .06D amended effective July 8, 1991 (18:13 Md. R. 1483); January 20, 2025 (52:1 Md. R. 18)

**Administrative History:** Regulation .06F, G, H adopted as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005

**Administrative History:** Regulation .06F, G adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)

**Administrative History:** Regulation .07 amended effective January 1, 1992 (18:25 Md. R. 2756)

**Administrative History:** Regulation .07E amended effective November 16, 1998 (25:23 Md. R. 1697)

**Administrative History:** Regulation .07G amended effective June 12, 2000 (27:11 Md. R. 1079)

**Administrative History:** Regulation .08 repealed and new Regulations .08 and .08-1 adopted effective August 1, 1994 (21:15 Md. R. 1307)

**Administrative History:** Regulation .08A amended effective July 8, 1991 (18:13 Md. R. 1483); July 30, 2018 (45:15 Md. R. 726)

**Administrative History:** Regulation .08C amended effective June 12, 2000 (27:11 Md. R. 1079)

**Administrative History:** Regulation .08C amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005

**Administrative History:** Regulation .08C amended as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)

**Administrative History:** Regulation .09 amended effective June 12, 2000 (27:11 Md. R. 1079)

**Administrative History:** Regulation .09 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005

**Administrative History:** Regulation .09 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)

**Administrative History:** Regulation .09B amended effective November 16, 1998 (25:23 Md. R. 1697)

**Administrative History:** Regulations .10—.14 adopted effective June 12, 2000 (27:11 Md. R. 1079)

**Administrative History:** Regulation .11A, B amended effective July 30, 2018 (45:15 Md. R. 726)

**Administrative History:** Regulation .11B amended as an emergency provision effective August 12, 2014 (41:18 Md. R. 1008); amended permanently effective November 24, 2014 (41:23 Md. R.1374)

**Administrative History:** Regulation .13B amended effective October 1, 2005 (32:18 Md. R. 1520)

**Administrative History:** Regulation .12 amended effective July 30, 2018 (45:15 Md. R. 726)

**Administrative History:** Regulation .14 amended as an emergency provision effective July 26, 2005 (32:17 Md. R. 1437); emergency status expired effective September 30, 2005

**Administrative History:** Regulation .14 adopted as an emergency provision effective September 30, 2005 (32:23 Md. R. 1824); adopted permanently effective March 13, 2006 (33:5 Md. R. 521)

#### Regulation .01 Purpose.

*COMAR 11.17.14.01*

The purpose of these regulations is to establish uniform procedures for the:

A. Administration of driver's license skills and knowledge tests; and

B. Establishment of waiver criteria for commercial driver's license skills tests.

#### Regulation .02 Definitions.

*COMAR 11.17.14.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Administration” means the Motor Vehicle Administration.

  (2) “Air brakes” means any braking system operating fully or partially on the air brake principle.

  (3) “Alternative test” means a knowledge test that is given orally either by an individual or in which an electronic oral test is presented to the applicant.

  (4) “Class A combination” means a combination of vehicles with a GVWR of 26,001 or more pounds provided the GCWR of the vehicle or vehicles being towed is in excess of 10,000 pounds.

  (5) “Class F (tractor)” means a truck tractor or farm truck tractor used for propelling, supporting, or drawing a trailer or semitrailer.

  (6) “Class G (trailer)” means a freight or nonfreight trailer or semitrailer over 10,000 pounds GVWR designed to be pulled by a Class F (tractor).

  (7) “Combination vehicle knowledge test” means the test which the Administration has established as a means of testing the knowledge of an applicant for a license which authorizes driving Class A combinations.

  (8) “Commercial driver's license (CDL)” has the meaning stated in Transportation Article, §11-109, Annotated Code of Maryland.

  (9) “Commercial motor vehicle (CMV)” has the meaning stated in Transportation Article, §16-803, Annotated Code of Maryland.

  (10) “Conviction” has the meaning stated in Transportation Article, §16-803, Annotated Code of Maryland.

  (11) “Double/triple trailer endorsement” means a State-issued endorsement which authorizes the licensee to drive combinations of two or more trailers or semitrailers.

  (12) “Gross vehicle weight rating (GVWR)” and “gross combination weight rating (GCWR)” have the meaning stated in Transportation Article, §16-803, Annotated Code of Maryland.

  (13) “HAZMAT endorsement” and “hazardous materials endorsement” means a State-issued endorsement which authorizes the licensee to drive vehicles which are required to be placarded under Federal Hazardous Materials Regulations, 49 CFR Part 172, Subpart F.

  (14) “Knowledge test” means a written, electronic, or oral test which is administered to any driver’s license applicant.

  (15) “Passenger transport endorsement” means a State-issued endorsement which authorizes the licensee to drive vehicles which are intended to transport 16 or more passengers, including the driver.

  (16) “Passenger transport vehicle” means a vehicle which is designed to transport 16 or more passengers, including the driver.

  (17) “Physical qualifications” means the physical qualifications specified by:

    (a) 49 CFR §391.11, which is incorporated by reference, for interstate operations;

    (b) COMAR 11.21.01, for intrastate operations; or

    (c) COMAR 11.19.05, for school vehicle operations.

  (18) “Regularly employed” means currently employed, or having been employed, during the preceding 2 years in a job requiring operation of a commercial motor vehicle of the equivalent class.

  (19) “School vehicle” has the meaning stated in Transportation Article, §11-154, Annotated Code of Maryland.

  (20) “School vehicle endorsement” means a State-issued endorsement for a license to operate a school vehicle issued under Transportation Article, §16-815, Annotated Code of Maryland, and in accordance with 49 CFR §383.123.

  (21) “School vehicle knowledge test” means a test that meets the knowledge test requirements of 49 CFR §383.123 for a school vehicle endorsement administered by the Administration to an applicant for a commercial driver's license school vehicle endorsement.

  (22) “Skills log” means a formal document with a certification page issued by the Administration to certify that a minimum of 40 hours of practice driving beyond the required driver's education course was accomplished by a noncommercial Type I Learner's Instructional Permit holder.

  (23) “Skills test” means a driving test given to assess an applicant's ability to drive motor vehicles of a specific class.

  (24) “State” has the meaning stated in Transportation Article, §11-161, Annotated Code of Maryland.

  (25) “Tank vehicle” has the meaning stated in Transportation Article, §16-803, Annotated Code of Maryland.

  (26) “Tanker endorsement” means a State-issued endorsement which authorizes the licensee to drive or tow tank vehicles.

  (27) “Tillerman” means the second (rear) driver for the pivotable rear wheels of an articulated vehicle.

#### Regulation .03 Application — Repealed.

*COMAR 11.17.14.03*

#### Regulation .04 Maryland Knowledge Test.

*COMAR 11.17.14.04*

A driver’s license applicant is required to pass the Maryland knowledge test, except a holder of a valid Maryland driver’s license, a holder of Maryland driver’s license that has not been expired for more than 1 year, or a valid out-of-State driver’s license.

#### Regulation .05 Commercial Driver's License Knowledge Tests.

*COMAR 11.17.14.05*

A. An applicant for a commercial driver's license is required to pass the commercial driver's license general knowledge test except:

  (1) A Maryland commercial driver's license renewal applicant;

  (2) A holder of a valid Maryland commercial driver's license who is applying for another class of commercial driver's license; and

  (3) An applicant who is transferring a valid commercial driver's license, issued by another state, to a Maryland commercial driver's license.

B. A Class A commercial driver's license applicant is required to pass the commercial driver's license combination vehicle knowledge test, except:

  (1) A Maryland Class A commercial driver's license renewal applicant; and

  (2) An applicant who is transferring a valid Class A commercial driver's license, issued by another state, to a Maryland commercial driver's license.

C. An applicant for a double/triple endorsement is required to pass the commercial driver's license double/triple knowledge test, except:

  (1) A Maryland Class A commercial driver's license renewal applicant with an existing double/triple endorsement; and

  (2) An applicant who is transferring a valid Class A commercial driver's license with a double/triple endorsement, issued by another state, to a Maryland commercial driver's license.

D. An applicant for a tanker endorsement is required to pass the commercial driver's license tanker knowledge test, except:

  (1) A Maryland commercial driver's license renewal applicant with an existing tanker endorsement; and

  (2) An applicant who is transferring a commercial driver's license with a tanker endorsement issued by another state to a Maryland commercial driver's license.

E. Hazardous Materials Endorsement.

  (1) An applicant for a hazardous materials endorsement is required to pass the hazardous materials knowledge test, except for existing commercial driver's license holders who are applying for a corrected or duplicate commercial driver's license.

  (2) An applicant for the renewal or transfer of a commercial driver's license with a hazardous materials endorsement is required to pass the hazardous materials knowledge test regardless of the length of time the applicant has had a hazardous materials endorsement.

F. An applicant for a passenger transport endorsement is required to pass the commercial driver's license passenger transport knowledge test, except:

  (1) A Maryland commercial driver's license renewal applicant with an existing passenger transport endorsement; and

  (2) An applicant who is transferring a valid commercial driver's license with a passenger transport endorsement, issued by another state, to a Maryland commercial driver's license.

G. An applicant who wishes to drive a commercial motor vehicle equipped with air brakes is required to pass the commercial driver's license air brakes knowledge test, except:

  (1) A Maryland commercial driver's license renewal applicant who has previously passed the test in this section; and

  (2) An applicant who is transferring a valid commercial driver's license without an air brake restriction, issued by another state, to a Maryland commercial driver's license.

H. School Vehicle Endorsement.

  (1) An applicant for a commercial driver's license with a school vehicle endorsement is required to pass the school vehicle knowledge test.

  (2) An applicant for the renewal, upgrade, or transfer of a commercial driver's license with a school vehicle endorsement is required to pass the school vehicle knowledge test regardless of the length of time the applicant has had a school vehicle endorsement, except:

    (a) An applicant for the renewal or upgrade of a commercial driver's license with a school vehicle endorsement who has previously passed the school vehicle knowledge test; and

    (b) An applicant renewing a commercial driver's license with a school vehicle endorsement issued before September 30, 2006, provided the applicant passes the school vehicle knowledge test before September 30, 2006.

  (3) A school vehicle endorsement held by a commercial driver's licensee who has not passed the school vehicle knowledge test shall be cancelled without further action by the Administration at 12:01 a.m. on September 30, 2006.

  (4) Cancellation of the school vehicle endorsement does not affect the validity of the commercial driver's license or any other endorsement.

  (5) All applicants for a commercial driver's license with a school vehicle endorsement shall also meet the requirements for a passenger transport endorsement before the issuance of a school vehicle endorsement.

#### Regulation .06 Administration of Commercial Driver's License Knowledge Tests.

*COMAR 11.17.14.06*

A. The Administration may offer Maryland commercial driver’s license knowledge tests in written, electronic, or alternative formats.

B. An applicant also shall be required to demonstrate the ability to read and understand highway signs regulating, warning, and directing traffic in English.

C. The passing score on all commercial driver's license knowledge tests is 80 percent.

D. The Administration shall offer the commercial driver’s license hazardous material knowledge test in a written or electronic format only.

E. An applicant for a school vehicle endorsement, and an applicant surrendering a valid commercial driver's license with a school vehicle endorsement issued by another state, for a Maryland commercial driver's license, shall pass the commercial driver's license knowledge tests for:

  (1) Passenger transport; and

  (2) School vehicles.

F. In addition to taking and passing the commercial driver's knowledge tests, an individual shall take and pass specialized tests to qualify for an endorsement to operate the following types of vehicles:

  (1) Double or triple trailers;

  (2) Passenger vehicles;

  (3) Tank vehicles;

  (4) Vehicles transporting hazardous materials as defined in 49 CFR §383.5; and

  (5) School vehicles.

#### Regulation .07 Commercial Driver's License Skills Tests.

*COMAR 11.17.14.07*

A. The commercial driver's license skills test is a three-part test established by the Administration to certify the driving skills necessary for operation of a commercial motor vehicle. The test consists of a:

  (1) Pretrip inspection;

  (2) Basic skills test; and

  (3) Road test.

B. A commercial driver's license applicant is required to pass the commercial driver's license skills test in the order specified in §A of this regulation, except:

  (1) An out-of-State applicant with a valid commercial driver's license who is transferring to a Maryland commercial driver's license of the same class;

  (2) A Maryland commercial driver's license renewal applicant; and

  (3) An applicant who qualifies for a waiver of skills test as defined in Regulation .08 of this chapter.

C. A skills test applicant shall provide an appropriate vehicle for the skills test purposes.

D. A skills test applicant shall pay the skills test fee as set forth in COMAR 11.11.05.

E. Failure of the pretrip inspection is considered a failure of a skills test for purposes of the skills retest fee set forth in COMAR 11.11.05.

F. An appointment is required for the CDL skills test.

G. An applicant who fails to arrive ready for testing with 15 minutes of the scheduled appointment shall be denied testing and must pay the retest fee set forth in COMAR 11.11.05 before scheduling the next appointment.

#### Regulation .08 Waiver of Commercial Driver's License Skills Test.

*COMAR 11.17.14.08*

A. The Administration may waive the commercial driver's license skills test for an applicant who is:

  (1) Renewing a Maryland commercial driver’s license not expired over 1 year;

  (2) Transferring a valid out-of-State commercial driver's license to a Maryland commercial driver's license; or

  (3) Converting a noncommercial Class C license or out-of-State equivalent license to a Maryland Class C commercial driver's license without a passenger endorsement.

B. An individual converting a commercial Class C license or an individual with an out-of-State equivalent license may obtain a commercial Class C driver's license with:

  (1) No endorsement;

  (2) A hazardous materials endorsement;

  (3) A tanker endorsement; or

  (4) Any combination of §B(1)—(3) of this regulation.

C. The commercial driver's license skills test may be waived if the applicant:

  (1) Submits a commercial driver's license skills test waiver supplied by the Administration, certifying that during a 2-year period immediately before applying for a commercial driver's license, the applicant has not had;

    (a) More than one license;

    (b) A driving privilege or license suspended, revoked, canceled, or disqualified;

    (c) A conviction for any type of motor vehicle violation of a disqualifying offense contained in Table 1 under 49 CFR §383.51(b);

    (d) More than one conviction for any type of motor vehicle serious traffic violation contained in Table 2 under 49 CFR §383.51(c);

    (e) A conviction for a violation of State or local law relating to motor vehicle traffic control, other than parking, arising in connection with any traffic accident; or

    (f) A record of an accident in which the applicant was at fault; and

  (2) Provides evidence and certifies that the applicant is regularly employed in a job requiring operation of a commercial motor vehicle, and that either the applicant has:

    (a) Previously taken and passed a skills test given by a state with a classified licensing and testing system, and that the test was behind the wheel in a representative vehicle for that applicant's driver's license classification, or

    (b) Operated, for at least 2 years immediately preceding application for a commercial driver's license, a vehicle representative of the commercial motor vehicle the driver applicant operates or expects to operate.

#### Regulation .08-1 Physical Qualifications for New Commercial Driver License Applicants.

*COMAR 11.17.14.08-1*

A. An applicant for a Class A or B learner's instructional permit is required to show evidence that the applicant meets the physical qualifications specified for interstate or intrastate operation, as appropriate.

B. An applicant applying to add a hazardous materials endorsement to an existing commercial driver's license is required to show evidence that the applicant meets the physical qualifications specified for interstate or intrastate operation, as appropriate.

C. An applicant applying to add a passenger endorsement to an existing commercial driver's license is required to show evidence that the applicant meets the physical qualifications specified for interstate, intrastate, or school vehicle operation.

#### Regulation .09 Appropriate Motor Vehicle Commercial Driver's License Skills Tests.

*COMAR 11.17.14.09*

A. Each applicant for a commercial driver's license shall provide a motor vehicle of a type appropriate to test the applicant's ability to drive vehicles of the license class for which applied.

B. Class A Commercial Driver's License Skills Test.

  (1) For a Class A commercial driver's license skills test, the applicant shall provide a Class A combination of vehicles that include a Class F (tractor) and a Class G (trailer).

  (2) If the applicant provides a combination of vehicles other than a Class F (tractor) and a Class G (trailer), the Administration shall restrict the applicant to combinations of vehicles other than tractor-trailers.

  (3) If the combination of vehicles is not equipped with air brakes, the Administration shall restrict the applicant to vehicles without air brakes.

  (4) If the motor vehicle is not a passenger transport vehicle (bus) designed to transport 16 or more passengers, the Administration may not endorse the applicant's license for a passenger transport vehicle in that class of vehicle.

  (5) If the vehicle is equipped with a rear driving position and pivoting rear wheels, the tillerman shall:

    (a) Be required to hold the wheels which the tillerman controls in a centered position during the skills test; and

    (b) Have a valid driver's license in the tillerman's possession.

  (6) If the motor vehicle is not a school vehicle designed to transport 16 or more passengers, the Administration may not endorse the applicant's license for a school vehicle in that class of vehicle.

C. Class B Commercial Driver's License Skills Test. The applicant shall provide a single motor vehicle with a GVWR of 26,001 or more pounds. If the vehicle is not:

  (1) Equipped with air brakes, the Administration shall restrict the applicant to vehicles without air brakes;

  (2) A passenger transport vehicle (bus) designed to transport 16 or more passengers, the Administration may not endorse the applicant's license for a passenger transport vehicle in that class of vehicle; and

  (3) A school vehicle designed to transport 16 or more passengers, the Administration may not endorse the applicant's license for a school vehicle in that class of vehicle.

D. Class C Commercial Driver's License Skills Test.

  (1) If a Class C commercial driver's license skills test is required, the applicant shall provide a:

    (a) Single motor vehicle with a GVWR more than 10,000 pounds and less than 26,001 pounds;

    (b) Passenger transport vehicle with a GVWR less than 26,001 pounds;

    (c) School vehicle with a GVWR less than 26,001 pounds; or

    (d) Combination of vehicles with a GCW in excess of 26,001 pounds with the:

      (i) Towed unit not in excess of 10,000 pounds, and

      (ii) Power unit less than 26,001 pounds.

  (2) If the vehicle or combination of vehicles is not equipped with air brakes, the Administration shall restrict the applicant to vehicles without air brakes.

  (3) If the motor vehicle is not a passenger transport vehicle (bus) designed to transport 16 or more passengers, the Administration may not endorse the applicant's license for a passenger transport vehicle in that class of vehicle.

E. Passenger Transport (Bus) Endorsements.

  (1) For a Class B passenger transport vehicle endorsement, the applicant shall provide a:

    (a) Passenger transport vehicle with a GVWR of 26,001 or more pounds that is designed to transport 16 or more passengers, including the driver; or

    (b) Full size Type I school vehicle that is designed to transport 49 or more passengers, including the driver.

  (2) For a Class C passenger transport vehicle endorsement, the applicant shall provide a passenger transport vehicle with a GVWR not in excess of 26,000 pounds that is designed to transport 16 or more passengers, including the driver.

#### Regulation .10 Noncommercial Driver's License Knowledge Tests.

*COMAR 11.17.14.10*

An applicant for a Maryland noncommercial driver's license shall be administered a noncommercial knowledge test and may be administered additional tests specific to the license class for which applied, except an applicant who is:

A. Renewing a Maryland noncommercial driver's license; or

B. Transferring a valid driver's license of equal or higher class, issued by another state, to a Maryland noncommercial license.

#### Regulation .11 Administration of Noncommercial Driver’s License Knowledge Tests.

*COMAR 11.17.14.11*

A. The Maryland noncommercial driver’s license knowledge tests may be offered in written, electronic, or alternative formats.

B. The Administration shall set a time limit for an applicant to complete the Maryland noncommercial driver’s license knowledge test.

C. The passing score on the Maryland knowledge test is 85 percent.

#### Regulation .12 Noncommercial Driver's License Skills Tests.

*COMAR 11.17.14.12*

A. The noncommercial driver's license skills test shall be established by the Administration to certify the driving skills necessary for operation of a noncommercial motor vehicle.

B. The noncommercial driver's license skills test shall consist of:

  (1) Maneuvers performed on a test course;

  (2) In-traffic driving;

  (3) Any examination designed to determine driving skills in a simulated or computer-assisted environment; or

  (4) Any combination of tests described in §B(1), (2), or (3) of this regulation.

C. Before a skills test, a Type I (Initial License Issuance) learner’s permit holder shall submit, to the Administration, in a format determined by the Administration, a completed and signed skills log containing a certification page as described in Regulation .13 of this chapter.

D. The Administration may require appointment scheduling for skills tests.

#### Regulation .13 Skills Log Certification.

*COMAR 11.17.14.13*

A. A skills log shall include a certification page providing the learner permit holder's:

  (1) Name;

  (2) Permit or soundex number; and

  (3) Parent, guardian, or mentor's signature as required by Transportation Article, §16-105, Annotated Code of Maryland.

B. The individual signing the skills log certification shall attest that the permit holder completed a minimum of 60 hours behind-the-wheel practice driving, 10 hours of which shall occur during the period beginning 30 minutes before sunset and ending 30 minutes after sunrise, under the supervision of a licensed driver who is 21 years old or older with at least 3 years driving experience.

C. After the permit holder meets all requirements and successfully completes the skills test, the Administration shall retain, in the records of the Administration, the skills log certification page as part of the permit holder's license application.

#### Regulation .14 Appropriate Motor Vehicle for Noncommercial Skills Tests.

*COMAR 11.17.14.14*

A. Each applicant for a noncommercial driver's license shall provide a motor vehicle of a type appropriate to test the applicant's ability to drive vehicles of the license class for which applied.

B. Class A Noncommercial Driver's License Skills Tests.

  (1) For a Class A noncommercial driver's license skills test, the applicant shall provide a Class A combination of vehicles as follows:

    (a) A Class F (tractor) and a Class G (trailer); or

    (b) Other than a Class F (tractor) and a Class G (trailer), the vehicles shall have a GCWR of 26,001 or more pounds, with the towed vehicle and trailer having a GVWR of 10,001 or more pounds.

  (2) The Administration shall restrict an applicant to:

    (a) Combinations of vehicles other than tractors and trailers if the combination of vehicles described in §B(1)(b) of this regulation is provided; or

    (b) Vehicles without air brakes if the combination of vehicles provided is not equipped with air brakes.

  (3) If the vehicle is equipped with a rear driving position and pivoting rear wheels, the tillerman shall:

    (a) Be required to hold the wheels which the tillerman controls in a centered position during the skills test; and

    (b) Have a valid driver's license in the tillerman's possession.

C. Class B Noncommercial Driver's License Skills Tests.

  (1) For a Class B noncommercial driver's license skills test, the applicant shall provide a:

    (a) Single, noncommercial motor vehicle with a GVWR of 26,001 or more pounds; or

    (b) Combination of motor vehicles with a GCWR of 26,001 or more pounds with the towed vehicle not to exceed a GVWR of 10,000 pounds.

  (2) If the vehicle is not equipped with air brakes, the Administration shall restrict the applicant to vehicles without air brakes.

D. Class C Noncommercial Driver's License Skills Tests. For a Class C noncommercial driver's license skills test, the applicant shall provide an automobile, station wagon, light truck, or any motor vehicle, other than a motorcycle, with a GVWR less than 26,001 pounds.

E. Class M Noncommercial Driver's License Skills Tests.

  (1) For a Class M noncommercial driver's license skills test, the applicant shall provide a motorcycle.

  (2) The Administration shall restrict the applicant to:

    (a) A motorcycle with a sidecar if provided by the applicant; or

    (b) A three-wheeled motorcycle if provided by the applicant.

### Chapter 15 — Under 21 Alcohol Restriction

**Authority:** Transportation Article, §§12-104(b) and 16-113(b), (c), Annotated Code of Maryland

**Administrative History:** Effective date: July 23, 1990 (17:14 Md. R. 1759)

#### Regulation .01 Definitions.

*COMAR 11.17.15.01*

A. In these regulations, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Administration” means the Motor Vehicle Administration.

  (2) “License” means a license to drive as defined in Transportation Article, §11-128, Annotated Code of Maryland.

#### Regulation .02 Application.

*COMAR 11.17.15.02*

A. A licensee under 21 years old may not drive or attempt to drive a motor vehicle with an alcohol concentration of 0.02 or more as determined by an analysis of the licensee's blood or breath.

B. The prohibition of §A applies to all licensees under 21 years old regardless of whether the restriction has been noted on the licensee's license or driving record.

#### Regulation .03 Notation on Licenses.

*COMAR 11.17.15.03*

A. Licenses issued after July 1, 1989, by the Administration to licensees under 21 years old shall contain the notation “Under 21 Alcohol Restricted”.

B. Pursuant to Chapter 438, §2, 1989 Laws of Maryland, the Administration is not required to recall or reissue the driver's licenses of licensees under 21 years old for the purpose of noting on the license “Under 21 Alcohol Restricted”, until the regular expiration of the person's current driver's license.

#### Regulation .04 Expiration.

*COMAR 11.17.15.04*

The under 21 alcohol restriction imposed in Regulation .02A expires when the licensee becomes 21 years old, regardless of any notations applied on the license under Regulation .03.

### Chapter 16 — Corrected Driver's License

**Authority:** Transportation Article, §§12-104(b), 12-302, 16-111.1, 16-114.1, and 16-818, Annotated Code of Maryland

**Administrative History:** Effective date: September 16, 1991 (18:18 Md. R. 2007)

**Administrative History:** Regulation .02 amended effective December 13, 1999 (26:25 Md. R. 1899)

**Administrative History:** Regulation .03B amended effective April 10, 2016 (43:6 Md. R. 410)

**Administrative History:** Regulation .04A amended effective October 12, 1992 (19:20 Md. R. 1816)

**Administrative History:** Chapter revised effective July 30, 2018 (45:15 Md. R. 727)

#### Regulation .01 Purpose.

*COMAR 11.17.16.01*

The purpose of this chapter is to define certain changes that do not constitute license corrections pursuant to Transportation Article, §16-114.1, Annotated Code of Maryland.

#### Regulation .02 Definitions — Repealed.

*COMAR 11.17.16.02*

#### Regulation .03 Exceptions.

*COMAR 11.17.16.03*

The following circumstances do not constitute a license correction:

A. A change of name or address on Administration records for which a correction card attachment, not a license, is issued; or

B. The addition or deletion of:

  (1) An organ donor designation;

  (2) A veteran designation;

  (3) Any other restriction imposed on a licensee other than those restrictions cited in Regulation .02B(2)(f) of this chapter;

  (4) A special hearing or speech impairment designation.

### Chapter 17 — Provisional Driver's License

*Repealed*

**Administrative History:** Effective date: February 3, 1992 (19:2 Md. R. 155)

**Administrative History:** Regulations .01—.04 repealed effective July 30, 2018 (45:15 Md. R. 727)

### Chapter 18 — Disposition and Records of Traffic Citations: Citation Accountability

**Authority:** Transportation Article, §§12-104(b) and 26-407, Annotated Code of Maryland

**Administrative History:** Effective date: September 28, 1992 (19:19 Md. R. 1709)

**Administrative History:** Regulation .03 amended effective November 22, 2004 (31:23 Md. R. 1654)

#### Regulation .01 Definitions.

*COMAR 11.17.18.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Administration” means the Motor Vehicle Administration.

  (2) “Chief executive officer” means the sheriff, superintendent of police, commissioner of police, police chief, deputy or assistant chief of police, or an individual having an equivalent title who is appointed or employed by a government agency to exercise equivalent supervisory authority.

  (3) “Designee” means a supervisory police officer.

  (4) “Disposition of traffic citation” means a traffic citation that has been accounted for by:

    (a) Trial;

    (b) Dismissal of the charges or other official action by a judge of the court;

    (c) Forfeiture of the collateral (if authorized by the court);

    (d) Payment of a fine;

    (e) Nolle pros;

    (f) Stet;

    (g) Voided; or

    (h) Police report.

  (5) “Inventory withdrawal form” means a requisition form issued by the Administration that authorizes the release of traffic citations to a law enforcement agency.

  (6) “Law enforcement agency” means:

    (a) A governmental police force or law enforcement agency of the State, county, or municipality which has by statute, ordinance, or common law, the authority for enforcing the general traffic laws of this State;

    (b) The Investigative Division of the Administration, which has the authority to issue citations as specified in Transportation Article, §12-104.1, Annotated Code of Maryland.

  (7) “Outstanding traffic citation” means a traffic citation that has not been issued by a police officer or accounted for by the court.

  (8) “Police officer” means an individual who has the authority to write traffic citations in this State.

  (9) “Police report” means a report, submitted to the Administration by a law enforcement agency, which explains why the citations cannot be located.

  (10) “Traffic citation” means a Maryland Uniform Complaint and Citation.

#### Regulation .02 Inventory Withdrawal.

*COMAR 11.17.18.02*

A. The Administration shall provide inventory withdrawal forms to law enforcement agencies for use in obtaining traffic citation books from the Administration.

B. Law enforcement agencies shall acknowledge receipt of traffic citation books on the inventory withdrawal form by returning the Administration's copy to the Administration immediately.

#### Regulation .03 Law Enforcement Agency Distribution.

*COMAR 11.17.18.03*

A. Traffic citation books may be issued to police officers as determined appropriate by the chief executive officer or the chief executive officer's designee.

B. A traffic citation book may not be reassigned to another police officer or another law enforcement agency without the prior authorization of the Administration.

C. Police officers shall complete the traffic citations as instructed by the District Court.

D. The law enforcement agency shall dispose of each copy of the five-part traffic citation in the manner required by the District Court.

E. Police officers may not lend, borrow, or share traffic citations.

#### Regulation .04 Records.

*COMAR 11.17.18.04*

A. The law enforcement agency shall keep its copy of every citation, or a record of every citation, for at least 3 years after issuance.

B. The chief executive officer or the chief executive officer's designee shall submit a police report on official letterhead advising the Administration within 5 days of a lost, stolen, mutilated, or destroyed traffic citation.

C. The Administration shall make periodic requests to law enforcement agencies for the disposition of all outstanding traffic citations.

D. Upon request by the Administration, the chief executive officer or designee of each law enforcement agency shall account for the disposition of traffic citations in a format and within the time required by the Administration.

### Chapter 19 — Issuance of Temporary Driver Licenses Valid in Maryland Only

**Authority:** Transportation Article, §§12-104(b) and 16-113(e), Annotated Code of Maryland

**Administrative History:** Effective date: April 16, 2001 (28:7 Md. R. 692)

#### Regulation .01 Purpose.

*COMAR 11.17.19.01*

This chapter establishes procedures for the issuance of a 90-day temporary driver's license, valid in Maryland only, as defined in Transportation Article, §16-113(e), Annotated Code of Maryland.

#### Regulation .02 Definitions.

*COMAR 11.17.19.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Administration” means the Motor Vehicle Administration.

  (2) “Initial violation” means the originating action or charge that led to the suspension or revocation.

  (3) “Jurisdiction” has the meaning stated in Transportation Article, §12-401, Annotated Code of Maryland.

  (4) “Revoked” means to terminate, by formal action, an individual's license or privilege to drive a motor vehicle.

  (5) “Suspended” means to withdraw temporarily, by formal action, an individual's license or privilege to drive a motor vehicle.

  (6) “Temporary driver's license” means a temporary license issued to an eligible individual for a period not to exceed 90 days that allows the individual to operate a motor vehicle in Maryland.

#### Regulation .03 Application.

*COMAR 11.17.19.03*

A. The Administration may issue a temporary driver's license, which is valid only in Maryland, for a period not to exceed 90 days if the individual:

  (1) Is suspended or revoked in another jurisdiction;

  (2) Previously held a valid Maryland driver's license;

  (3) Has made application:

    (a) To renew the valid Maryland driver's license,

    (b) For a duplicate or corrected driver's license,

    (c) For a driver's license after approval for reinstatement of a revoked Maryland driver's license, or

    (d) For a replacement driver's license after withdrawal of a suspension against the Maryland driver's license;

  (4) Is revoked or suspended in another jurisdiction as a result of failing to comply with its licensing requirements, but would not have been suspended or revoked in this State for a comparable violation;

  (5) Did not receive the initial violation that led to the suspension or revocation within the preceding 5 years;

  (6) Is otherwise qualified to be licensed in Maryland; and

  (7) Has the opportunity to satisfy all requirements of the initial violation and receive clearance from the jurisdiction in question within the 90-day temporary license period.

B. The Administration may not issue a temporary driver's license which is valid in Maryland if the:

  (1) Individual is suspended or revoked in more than one jurisdiction;

  (2) Individual holds a commercial driver's license, unless the license is downgraded to a noncommercial license;

  (3) Initial violation that led to the suspension or revocation occurred less than 5 years before the date of application for the temporary driver's license;

  (4) Initial violation that led to the revocation or suspension resulted from any offense that involved a fatality;

  (5) Initial violation that led to the revocation or suspension resulted from an offense or charges involving the use of alcohol or drugs;

  (6) Clearance requirement of the other jurisdiction cannot be met within the 90-day temporary license period;

  (7) Applicant's privilege to drive is cancelled, refused, or disqualified in another jurisdiction;

  (8) Individual is suspended, revoked, cancelled, refused, or disqualified in Maryland; or

  (9) Applicant is not otherwise qualified to be licensed in Maryland.

### Chapter 20 — Emergency Vehicle — Requirements for Certain License Exemptions

**Authority:** Transportation Article, §§12-104(b) and 16-102, Annotated Code of Maryland

**Administrative History:** Effective date: November 10, 2003 (30:22 Md. R. 1583)

#### Regulation .01 Purpose.

*COMAR 11.17.20.01*

The purpose of this chapter is to establish the training and testing requirements to qualify emergency vehicle drivers of Maryland fire department, rescue squad, emergency medical services unit or volunteer fire company emergency vehicles that are exempt from certain driver licensing requirements as authorized under Transportation Article §16-102(a)(12), Annotated Code of Maryland.

#### Regulation .02 Definitions.

*COMAR 11.17.20.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Administration” means the Motor Vehicle Administration.

  (2) “Emergency vehicle” means a commercial motor vehicle that is:

    (a) Owned or operated by a Maryland fire and rescue organization;

    (b) Authorized and used for emergency or rescue purposes; and

    (c) Exempt from the Class A and B licensing requirements as authorized under Transportation Article, §16-102(a)(12), Annotated Code of Maryland.

  (3) “Emergency vehicle operator” is a member or employee of a Maryland fire and rescue organization that is authorized to operate an emergency vehicle in the performance of official duties.

  (4) “Emergency vehicle operator card” means a card:

    (a) Approved by the Administration;

    (b) Issued by the designated officer having jurisdiction for the Maryland fire and rescue organization; and

    (c) Certifying that an individual:

      (i) Has successfully completed an approved emergency vehicle operator training course; and

      (ii) Is qualified to operate an emergency vehicle.

  (5) “Emergency vehicle operator course” means an emergency vehicle training and testing course approved by the Maryland Fire and Rescue Education and Training Commission to train, test, and qualify individuals as emergency vehicle operators.

  (6) “Fire and rescue organization” means a Maryland fire department, rescue squad, emergency medical services unit, or volunteer fire company that is authorized to operate emergency vehicles for fire and rescue purposes.

#### Regulation .03 Emergency Vehicle Operator.

*COMAR 11.17.20.03*

A. To qualify for an emergency vehicle operator card and an exemption from the Class A and B licensing requirements as authorized under Transportation Article, §16-102(a)(12), Annotated Code of Maryland, an emergency vehicle operator shall:

  (1) Possess a valid Maryland Class C driver's license or a valid equivalent driver's license from another jurisdiction;

  (2) Possess a certification of the successful completion of an approved emergency vehicle operator course; and

  (3) Obtain authorization from a designated officer having jurisdiction for the Maryland fire and rescue organization to operate an emergency vehicle in the performance of official duties.

B. For 1- year period beginning October 1, 2003, an emergency vehicle operator is eligible to receive an emergency vehicle operator card without complying with the requirements of §A(2) of this regulation if the emergency vehicle operator possesses a valid:

  (1) Maryland Class A or B driver's license; or

  (2) Equivalent driver's license from another jurisdiction that authorizes the operation of an emergency vehicle.

C. When operating an emergency vehicle, an emergency vehicle operator exempt under Transportation Article, §16-102(a)(12), Annotated Code of Maryland, shall possess a valid:

  (1) Maryland Class C driver's license or a valid equivalent driver's license from another jurisdiction; and

  (2) Emergency vehicle operator card.

D. An emergency vehicle operator authorized by a designated officer having jurisdiction for the Maryland fire and rescue organization may operate an emergency vehicle in the performance of official duties if the emergency vehicle operator possesses a valid:

  (1) Maryland Class A or B driver's license; or

  (2) Equivalent driver's license from another jurisdiction.

#### Regulation .04 Emergency Vehicle Operator Training Course.

*COMAR 11.17.20.04*

The designated officer of an approved emergency vehicle operator training course shall:

A. Issue a written certification to individuals who successfully complete an approved emergency vehicle operator training course; and

B. Maintain records of all individuals who successfully complete an approved emergency vehicle operator's training course.

#### Regulation .05 Requirements of Emergency Fire and Rescue Organization.

*COMAR 11.17.20.05*

The designated officer having jurisdiction for the Maryland fire and rescue organization that operates emergency vehicles under that organization's jurisdiction shall:

A. Issue emergency vehicle operator cards to individuals qualified to operate emergency vehicles under Regulation .03 of this chapter; and

B. Maintain the records of:

  (1) All emergency vehicle operators authorized to operate vehicles under the organization's jurisdiction; and

  (2) The types of emergency vehicle they are authorized to drive.

#### Regulation .06 Penalties for Noncompliance.

*COMAR 11.17.20.06*

Failure to comply with this chapter is a misdemeanor under the Transportation Article, §16-102, Annotated Code of Maryland.

### Chapter 21 — Proof of Age, Name, Identity, and Residency for Federally Noncompliant Driver Licenses and Identification Cards

**Authority:** Transportation Article, §§12-104(b), 12-301, 16-103.1, 16-104.2, 16-106, 16-115, 16-121, and 16-122, Annotated Code of Maryland

**Administrative History:** Effective date: January 1, 2014 (40:25 Md. R. 2070)

**Administrative History:** Regulation .05A amended effective October 16, 2023 (50:20 Md. R. 888)

#### Regulation .01 Purpose and Application.

*COMAR 11.17.21.01*

The purpose of this chapter is to identify the documents acceptable to the Administration as proof of age, name, identity, and Maryland residence for the issuance of a federally noncompliant Maryland license or identification card as set forth in Ch. 309, Acts of 2013.

#### Regulation .02 Definitions.

*COMAR 11.17.21.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Administration” means the Motor Vehicle Administration.

  (2) “Comptroller” means the Comptroller of Maryland.

  (3) “Identification card” means a photo identification card issued under Transportation Article, §12-301, Annotated Code of Maryland.

  (4) “Individual taxpayer identification number (ITIN)” means a tax processing number issued by the Internal Revenue Service.

  (5) License.

    (a) “License” means an original, renewal, duplicate, or corrected driver's license or permit to drive a motor vehicle issued by the Administration; and

    (b) “License” includes a:

      (i) Learner's instructional permit;

      (ii) Moped operator's permit;

      (iii) Provisional license; or

      (iv) Commercial driver's license.

  (6) “Name” has the meaning stated in Transportation Article, §11-137, Annotated Code of Maryland.

  (7) “Noncompliant” means a license or identification card not acceptable by federal agencies for official purposes.

  (8) “Renewal” means a license or identification card issued to replace an expiring license or identification card.

  (9) “Residence” has the meaning stated in Transportation Article, §11-149, Annotated Code of Maryland.

  (10) “SSN” means Social Security number issued by the Social Security Administration.

  (11) “Source document” means the original or a certified copy of a document acceptable to the Administration that is submitted by an applicant for a license or identification card.

  (12) “State” means any state, possession, or territory of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province or territory of Canada.

#### Regulation .03 Applicant's Requirements.

*COMAR 11.17.21.03*

A. An applicant requesting a noncompliant Maryland license or noncompliant Maryland identification card shall provide documentation acceptable to the Administration as specified in this chapter. The documentation shall provide proof of:

  (1) Age, name, and identity as set forth in Regulation .04A of this chapter;

  (2) Residency as set forth in Regulation .04B of this chapter; and

  (3) Maryland income tax filings for the preceding 2 years certified by the Comptroller.

B. The applicant shall:

  (1) Certify under penalty of perjury that the information provided in the application is true and correct; and

  (2) Pay any applicable fees set forth in COMAR 11.11.05.03.

#### Regulation .04 Source Documents for Proof of Age, Name, Identity, and Residence.

*COMAR 11.17.21.04*

A. An applicant, to establish proof of age, name, and identity, shall submit a valid, unexpired passport or a valid unexpired consular ID document, meeting the issuance standards established by the Administration.

B. If an applicant is unable to provide the documentation required by §A, the applicant shall submit two of the following, accompanied by an English translation, one of which shall contain a photo not more than 8 years old;

  (1) Foreign (non-U.S.) drivers’ license;

  (2) Original or certified copy foreign (non-U.S.) civil birth certificate;

  (3) National identification card or national voter card displaying applicant’s photo, name, date of birth;

  (4) State license;

  (5) State identification card;

  (6) US military dependent identification card;

  (7) US military identification card;

  (8) Certified State school record, on a form provided by the Administration, not more than 12 months old:

  (9) I-766 Employment Authorization Document; or

  (10) Any other documents adopted as acceptable by the Administration through written approval.

C. Source Documents for Residency.

  (1) To establish Maryland residency, an applicant for a non-compliant license or identification card shall submit at least two source documents. The address on source documents shall match the address on the application and may not be from the same business, company, or agency. The residency source documents include:

    (a) Maryland vehicle registration card or title;

    (b) Utility, telephone, or cable or satellite TV bill;

    (c) Checking or savings account statement;

    (d) Life insurance card or policy over 3 years old;

    (e) Property tax bill or receipt;

    (f) Mortgage account or proof of home ownership;

    (g) Residential rental contract, an apartment lease, or other rental of real property;

    (h) First class mail from a federal, state, or local government agency to include the contents and envelope, excluding mail from the Administration;

    (i) Installment contract from a bank or other financial institution;

    (j) Sales tax or business license;

    (k) Major credit card bill;

    (l) Residential service contract for services performed at the address of residence, for example, cable or satellite television service, TV repairs, lawn service, or exterminator contract;

    (m) Court order of probation, order of parole, or order of mandatory release;

    (n) Cancelled check with imprinted name and address; or

    (o) Selective Service Card.

  (2) A post office box number may only be used if in conjunction with the applicant's address and in the same zip code area. The use of a private mail drop is not permitted.

D. To establish proof of Maryland income tax filings for the preceding 2 tax years, the applicant shall submit a certified letter from the Comptroller reflecting the applicant’s ITIN or SSN.

E. Applicants requesting a name change or to establish a name other than the name that appears on a source document shall submit documentation issued by a court, governmental body, or other entity acceptable to the Administration, accompanied by an English translation, to include:

  (1) Certified copy of a court order pertaining to the name change;

  (2) Original or certified copy of a marriage certificate;

  (3) Original or certified copy of a divorce decree; or

  (4) Original or certified copy of a birth certificate.

#### Regulation .05 Exception Process.

*COMAR 11.17.21.05*

A. If an applicant is unable to comply with the Maryland residency source document requirements set forth in Regulation .04C of this chapter due to circumstances beyond the applicant’s control, the applicant may submit the following alternate source documents under the following circumstances:

  (1) If the applicant is a dependent:

    (a) The signature on the application of the parent or guardian with whom the applicant resides, signed in the presence of a representative of the Administration;

    (b) Documentation of the relationship between the applicant and parent or guardian;

    (c) Documentation to prove the applicant is a dependent of the parent or guardian, if the applicant is 18 years of age or older; and

    (d) Acceptable proof of the parent or guardian's identity and Maryland residence address.

  (2) If the applicant is a married individual:

    (a) A statement from the applicant's adult spouse with whom the applicant resides, signed in the presence of a representative of the Administration; and

    (b) An original or certified copy of their marriage certificate;

  (3) If the applicant is a resident of a nursing home, a statement from the nursing home written on the nursing home's letterhead, which shall include:

    (a) The applicant's name and date of birth;

    (b) Address of the nursing home;

    (c) Name and phone number of the contact person at the home; and

    (d) Signature of the nursing home's manager or representative;

  (4) If the applicant is an incarcerated individual or former incarcerated individual within 60 days of release:

    (a) An Order of Parole;

    (b) An Order of Mandatory Release; or

    (c) An address certification form issued by the Administration and signed by a designated official of the correctional facility, or other designated official of the Department of Public Safety and Correctional Services;

  (5) If the applicant is a homeless individual, an original letter on letterhead from a homeless shelter, or service provider, which shall include:

    (a) A statement that the applicant is homeless;

    (b) The address of the shelter or service provider;

    (c) The name and phone number of the contact person; and

    (d) The signature of the shelter representative or service provider; or

  (6) If the applicant is in the care of the Department of Juvenile Services, the Administration may accept an address certification form issued by the Administration and signed by a designated official of the Department of Juvenile Services.

B. If an applicant is incapacitated and physically unable to visit the Administration to apply for an identification card in person, the Administration may complete the application and issuance process by mail if the applicant:

  (1) Holds or has held a Maryland license or identification card and there is a usable image and signature of the applicant on file;

  (2) Submits certification stating the reason the applicant is physically unable to apply for an identification card in person; and

  (3) Submits a completed application and includes any applicable fees.