J. MILLARD TAWES, Governor                    2207

May 2, 1963.

Honorable Marvin Mandel
Acting Speaker
House of Delegates
State House
Annapolis, Md.

Dear Mr. Mandel:

In accordance with the provisions of Article 2, Section 17, of the
Maryland Constitution, I have vetoed House Bill 217 and am return-
ing this Bill to you accompanied by my veto message.

House Bill 217 and Senate Bill 179 are identical Bills and, if en-
acted, would permit Trial Magistrates to suspend or reduce fines in
axle load violation cases.

Members of the State Roads Commission are unanimous in their
opposition to both Bills and the history of this type legislation indi-
cates to me that their decision is sound.

The Statute which prohibited Trial Magistrates from reducing or
suspending fines in truck weight violation cases was enacted in 1951.
During the calendar year 1949, the Magistrates suspended sentences
in 186 cases; for the year 1950, the Magistrates suspended fines in
201 cases, and for the year 1951, there were 100 suspensions between
January 1 and June 1, the effective date of the Statute preventing
suspensions.

During the five year period after the effective date of the Act,
such suspensions virtually disappeared. In 1952, there was one
suspension; in 1953, two suspensions; in 1954, three; in 1955, there
was one, and in 1956, there was one.

It may be that both Bills were intended to permit Magistrates to
reduce or suspend the fines in cases where the load shifted after the
initial loading, thus overloading an axle. As drawn, however, the
Bills also give Trial Magistrates this discretion in cases where the
vehicle was improperly loaded in the first place.

History indicates that the granting of such discretionary powers
would encourage the development of a situation that existed in Mary-
land prior to June 1, 1951. Both Bills invite violation of existing
laws because the threat of severe penalties would have been di-
minished. Such a situation is not consistent with our efforts to pro-
mote traffic safety nor is it consistent with the maintenance of a
good highway system.

Because of these factors and considering the fact that Maryland
now allows as heavy a permissible axle weight load as any State in
the Country (22,400 lbs.), I have decided to veto House Bill 217.

With kindest personal regards, I am

Sincerely yours,

(S) J. MILLARD TAWES,

Governor.
JMT/Jd/Encl.