Chapter 01. Motor Carrier Safety
Regulation .01 Effective Date of Enforcement.LinkCopy Citation
Regulation .03F of this chapter is effective January 1, 2012.
Regulation .02 Incorporation by Reference of the Federal Motor Carrier Safety Regulations.LinkCopy Citation
The federal motor carrier safety regulations contained in 49 CFR 40, 382, 383, 387, 390—393, 384, 395—399, and 1572, as amended, are incorporated by reference, subject to the application provision in Regulations .03, .04-1—.08, and .11—.14 of this chapter and the amendments and exemptions cited in .09 and .10 of this chapter.
Regulation .03 Application.LinkCopy Citation
A.
Except as otherwise amended or exempted, these regulations are applicable to all trucks, truck tractors, trailers, semitrailers, pole trailers, converter dollies, combination vehicles, and buses having a gross vehicle weight rating or gross combination weight rating of 10,001 or more pounds.
B.
These regulations apply to all interstate carriers and to those intrastate carriers:
(1)
Transporting hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or
(2)
Operating a vehicle designed to transport 16 or more passengers, including the driver.
C.
The application provisions, amendments, and exemptions set forth in Regulations .05—.08 and .11—.14 of this chapter apply to those intrastate carriers not:
(1)
Transporting hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or
(2)
Operating a vehicle designed to transport 16 or more passengers, including the driver.
D.
The amendments and exemptions set forth in Regulations .09 and .10 of this chapter apply to interstate and intrastate carriers.
E.
Regulations .04-1—.04-3 of this chapter apply to interstate carriers, intrastate carriers, and individuals driving a commercial motor vehicle requiring a commercial driver's license and employed by the State or a political subdivision of the State.
F.
Regulation .04-4 of this chapter applies to interstate for hire carriers and intrastate for hire carriers with vehicles that exceed a gross vehicle weight rating of 26,000 pounds and are designed to carry property.
Regulation .04 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)
“Administrator” means the Motor Vehicle Administrator.
(3)
“Commercial motor vehicle (CMV)” has the meaning stated in 49 CFR §390.5.
(4)
“Medical condition” means a mental or physical condition which would disqualify an individual from operating a motor vehicle under 49 CFR §391.41(b).
(5)
“Waiver for intrastate operation” means a waiver from the provisions of 49 CFR §391.41(b) for the intrastate driver of a commercial motor vehicle requiring a commercial driver's license to operate.
(6)
“Waiver for medical conditions” means a waiver under Regulation .06E, of this chapter from the provisions of 49 CFR §391.41(b), the physical examination requirements of these regulations, for the intrastate driver of a commercial motor vehicle requiring a commercial driver's license to operate.
Regulation .04-1 49 CFR 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs — Amendments and Exemptions.LinkCopy Citation
49 CFR 40 is incorporated by reference with no amendments or exemptions.
Regulation .04-2 49 CFR 382, Controlled Substances and Alcohol Use and Testing — Amendments and Exemptions.LinkCopy Citation
49 CFR 382 is incorporated by reference with no amendments or exemptions.
Regulation .04-3 49 CFR §383.71, Commercial Driver's License Standards: Requirements and Penalties — Amendments and Exemptions.LinkCopy Citation
49 CFR §383.71 is incorporated by reference with no amendments or exemptions.
Regulation .04-4 49 CFR 384, State Compliance with Commercial Driver's License Program.LinkCopy Citation
49 CFR 384 is incorporated by reference with no amendments or exemptions.
Regulation .04-5 49 CFR 387, Minimum Levels of Financial Responsibility for Motor Carriers.LinkCopy Citation
49 CFR 387 is incorporated by reference with no amendments or exemptions.
Regulation .05 49 CFR 390, Federal Motor Carrier Safety Regulations; General — Amendments and Exemptions. — RepealedLinkCopy Citation
Regulation .06 49 CFR 391, Qualifications of Drivers — Amendments and Exemptions.LinkCopy Citation
A.
49 CFR §391.1. The provisions of 49 CFR §391.1 are not applicable to a farmer, or an agent or employee of a farmer, who operates farm equipment intrastate or a motor vehicle owned or operated by the farmer in the intrastate transportation of supplies to a farm or the transportation of farm products as defined in Agriculture Article, §10-601, Annotated Code of Maryland, within 150 air miles of the farmer's farm.
B.
49 CFR §391.11. A driver who operates intrastate only, who does not transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations, and who does not operate a vehicle designed to transport 16 or more passengers, including the driver, may operate those vehicles described in Regulation .03 of this chapter if the driver is at least 18 years old and otherwise qualified to operate the vehicle.
C.
49 CFR §§391.21, 391.23, 391.31, and 391.35. The provisions of 49 CFR §§391.21, 391.23, 391.31, and 391.35 are not applicable to the intrastate driver, or to the motor carrier, with regard to the intrastate driver, who is a regularly employed driver of a motor carrier for a continuous period that began before July 1, 1986, and who does not:
(1)
Transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or
(2)
Operate a vehicle designed to transport 16 or more passengers, including the driver.
D.
49 CFR §391.41.
(1)
The physical qualifications of 49 CFR §391.41 are not applicable to individuals employed by the Administration as driver license examiners or school vehicle inspectors while in the performance of their official duties.
(2)
The medical examination and certification requirements of 49 CFR §391.41 are not applicable to the intrastate driver who operates a vehicle or vehicle combination with a registered gross or combination weight of less than 10,001 pounds, and who does not:
(a)
Transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or
(b)
Operate a vehicle designed to transport 16 or more passengers, including the driver.
E.
49 CFR §391.41(b).
(1)
An intrastate driver who does not operate a bus or who does not transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations, or who does not operate a vehicle designed to transport 16 or more passengers, including the driver, and who does not meet the physical qualifications of 49 CFR §391.41(b)(1)—(3), (10), or (11), may drive in intrastate commerce if issued a waiver for intrastate operation by the Administrator. The waiver is valid for up to 2 years from the date of issue.
(2)
In order to obtain a waiver for medical conditions from the provisions of 49 CFR §391.41(b)(1)—(3), (10), or (11), the intrastate driver shall:
(a)
Be otherwise qualified to operate a commercial motor vehicle;
(b)
Operate in intrastate commerce; and
(c)
Have a mental or physical condition which would disqualify the individual under 49 CFR §391.41(b)(1)—(3), (10), or (11).
(3)
In order to obtain a waiver for intrastate operation from the provisions of 49 CFR §391.41(b)(11), the applicant shall currently hold or have held within the past year a valid commercial drivers license.
(4)
The condition set forth in §E(2)(c) of this regulation shall:
(a)
Be certified by a physician who has examined the individual and determined the medical condition; and
(b)
Be documented on the form provided by the Administration.
(5)
While operating a commercial motor vehicle requiring a commercial driver's license to operate, the driver shall be in possession of a valid intrastate waiver issued by the Administration, showing that the provisions of 49 CFR §391.41(b), have been waived.
(6)
A copy of the waiver for intrastate operation shall also be filed in the driver qualification file of the motor carrier employing the driver.
F.
49 CFR §§391.41(a), 391.43, and 391.45. The medical examination and certification requirements of 49 CFR §§391.41(a), 391.43, and 391.45 are not applicable to the intrastate driver who:
(1)
Operates a vehicle or vehicle combination with a registered gross or combination weight of less than 26,001 pounds;
(2)
Does not transport hazardous materials of a type and quantity requiring placarding under federal hazardous materials regulations; or
(3)
Does not operate a vehicle designed to transport 16 or more passengers, including the driver.
G.
49 CFR §391.49.
(1)
A driver who operates intrastate only in a commercial motor vehicle requiring a commercial driver's license to operate, who is not physically qualified to drive under 49 CFR §391.41(b)(1) or (2), and who is otherwise qualified to drive a motor vehicle, may drive in intrastate commerce only, if granted a waiver by the Administrator. The waiver is valid for up to 2 years from the date of issue.
(2)
In order to obtain a waiver for intrastate operation from the provision of 49 CFR §391.41(b)(1) or (2), the intrastate driver shall comply with the requirements specified in 49 CFR §391.49 for interstate drivers.
(3)
For the driver who operates intrastate only, and who is applying for a waiver under the provisions of 49 CFR §391.49(a), all references to the “Regional Director, Motor Carrier Safety”, contained in 49 CFR §391.49, shall be replaced with “Administrator”.
Regulation .07 49 CFR 392, Driving of Motor Vehicles — Amendments and Exemptions.LinkCopy Citation
49 CFR 392 is incorporated by reference with no amendments or exemptions.
Regulation .08 49 CFR 393, Parts and Accessories Necessary for Safe Operation — Amendments and Exemptions.LinkCopy Citation
49 CFR 393 is incorporated by reference with no amendments or exemptions.
Regulation .09 49 CFR 395, Hours of Service of Drivers — Amendments and Exemptions.LinkCopy Citation
Add “police officer, hazardous materials inspector, and Public Service Commission inspector" as defined in Transportation Article, §25-111, Annotated Code of Maryland”, after “every” in 49 CFR §395.13(a).
Regulation .10 49 CFR 396, Inspection, Repair, and Maintenance — Amendments and Exemptions.LinkCopy Citation
A.
49 CFR §396.9(a)(1). After “Every special agent of the FHWA”, add, “and, when certified by the Maryland State Police, each police officer (as defined in Transportation Article, §25-111, Annotated Code of Maryland), each hazardous materials inspector, and each Public Service Commission inspector”.
B.
49 CFR §396.9(b).
(1)
Add to end, “When reference is made to a Driver-Equipment Compliance Check or to form MCS 63, it also means a Maryland Driver/Vehicle Inspection Report”.
(2)
Delete “authorized FHWA personnel” and replace with “personnel authorized in subsection(a)”.
C.
49 CFR §396.9(c)(1). Add to end, “Maryland is a member of the Commercial Vehicle Safety Alliance (CVSA). Personnel authorized to perform inspections of motor carriers in Transportation Article, §25-111, Annotated Code of Maryland, shall conform to generally accepted driver/vehicle inspection standards”.
Regulation .11 49 CFR 397, Transportation of Hazardous Materials; Driving and Parking Rules — Amendments and Exemptions.LinkCopy Citation
49 CFR 397 is incorporated by reference with no amendments or exemptions.
Regulation .12 49 CFR 398, Transportation of Migrant Workers — Amendments and Exemptions.LinkCopy Citation
49 CFR 398 is incorporated by reference with no amendments or exemptions.
Regulation .13 49 CFR 399, Employee Safety and Health Standards — Amendments and Exemptions.LinkCopy Citation
49 CFR 399 is incorporated by reference with no amendments or exemptions.
Regulation .14 49 CFR 1572, Credentialing and Background Checks for Maritime and Land Transportation Security — Amendments and Exemptions.LinkCopy Citation
49 CFR 1572 is incorporated by reference with no amendments or exemptions.
Chapter annotations
Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland
History: Effective date: August 12, 1985 (12:16 Md. R. 1607)
History: Regulation .01 amended effective June 12, 2000 (27:11 Md. R. 1079)
History: Regulations .01—.04 repealed and new Regulations .01—.13 adopted effective October 24, 1994 (21:21 Md. R. 1815)
History: Regulations .01—.03 amended and new Regulations .04-1 and .04-2 adopted as an emergency provision effective August 1, 1995 (22:17 Md. R. 1310); emergency status extended at 23:1 Md. R. 22 (Emergency provisions are temporary and not printed in COMAR)
History: Regulation .01 amended effective February 6, 2012 (39:2 Md. R. 142)
History: Regulations .01B and .06E amended as an emergency provision effective January 1, 1996 (23:2 Md. R. 93); amended permanently effective April 8, 1996 (23:7 Md. R. 553)
History: Regulation .01D, E adopted effective April 8, 1996 (23:7 Md. R. 553)
History: Regulation .02 amended effective April 8, 1996 (23:7 Md. R. 553)
History: Regulation .02 amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)
History: Regulation .02 amended effective March 21, 2011 (38:6 Md. R. 395); February 6, 2012 (39:2 Md. R. 142); April 17, 2023 (50:7 Md. R. 302)
History: Regulation .03 amended effective February 6, 2012 (39:2 Md. R. 142)
History: Regulation .03A amended effective March 21, 2011 (38:6 Md. R. 395)
History: Regulation .03C, D amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)
History: Regulation .03D adopted effective April 8, 1996 (23:7 Md. R. 553)
History: Regulation .04 amended effective May 1, 2000 (27:8 Md. R. 799)
History: Regulation .04B amended effective December 9, 2004 (31:24 Md. R. 1727)
History: Regulation .04B amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)
History: Regulation .04-1 adopted effective April 8, 1996 (23:7 Md. R. 553)
History: Regulation .04-1 amended effective April 17, 2023 (50:7 Md. R. 302)
History: Regulation .04-2 adopted effective April 8, 1996 (23:7 Md. R. 553)
History: Regulation .04-2 amended effective April 17, 2023 (50:7 Md. R. 302)
History: Regulation .04-3 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)
History: Regulation .04-4 adopted effective March 21, 2011 (38:6 Md. R. 395)
History: Regulation .04-4 recodified to be .04-5 and new Regulation .04-4 adopted effective April 17, 2023 (50:7 Md. R. 302)
History: Regulation .05 amended effective June 12, 2000 (27:11 Md. R. 1079)
History: Regulation .05 repealed effective October 24, 2016 (43:21 Md. R. 1168)
History: Regulation .05A amended effective June 1, 1998 (25:11 Md. R. 821)
History: Regulation .06 amended effective May 1, 2000 (27:8 Md. R. 799)
History: Regulation .06A amended effective March 21, 2011 (38:6 Md. R. 395)
History: Regulation .06D amended effective January 5, 2004 (30:26 Md. R. 1916)
History: Regulation .06E, G amended as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); amended permanently effective April 25, 2005 (32:8 Md. R. 742)
History: Regulation .06E, G amended effective February 8, 2010 (37:3 Md. R. 177)
History: Regulation .07 amended effective April 17, 2023 (50:7 Md. R. 302)
History: Regulation .08 amended effective April 17, 2023 (50:7 Md. R. 302)
History: Regulation .09 amended effective April 8, 1996 (23:7 Md. R. 553)
History: Regulation .11 amended effective April 17, 2023 (50:7 Md. R. 302)
History: Regulation .12 amended effective April 17, 2023 (50:7 Md. R. 302)
History: Regulation .13 amended effective April 17, 2023 (50:7 Md. R. 302)
History: Regulation .14 adopted as an emergency provision effective December 22, 2004 (32:1 Md. R. 25); adopted permanently effective April 25, 2005 (32:8 Md. R. 742)