# COMAR Title 11 — Department of Transportation

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

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**Administrative History:** Regulation .01 repealed and new Regulation .01 adopted effective April 26, 1993 (20:8 Md.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