Chapter 04. Epilepsy — Restoration of License Following Ineligibility
Regulation .01 Purpose.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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 annotations
Authority: Transportation Article, §§12-104(b), 16-115(c), and 16-208(a), Annotated Code of Maryland
History: Effective date: February 15, 1973
History: Regulations .01, .05, .06, .09, and .10 amended effective April 6, 1979 (6:7 Md. R. 578)
History: Regulations .01—.03, .05—.08, and .11 amended effective January 23, 1981 (8:2 Md. R. 115)
History: Regulation .12 adopted effective April 6, 1979 (6:7 Md. R. 578)
History: Regulations .13 and .14 adopted effective November 22, 1982 (9:23 Md. R. 2260)
History: Regulation .15 adopted effective December 30, 1985 (12:26 Md. R. 2546)
History: Chapter, Special Identification Cards, repealed effective April 4, 1988 (15:7 Md. R. 850)
History: Regulations .01—.04, Epilepsy—Restoration of License Following Ineligibility, adopted effective January 20, 1992 (19:1 Md. R. 33)
History: Regulation .02B amended effective May 2, 2011 (38:9 Md. R. 553)
History: Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1320); May 2, 2011 (38:9 Md. R. 553)