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Ch. 14
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1188
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LAWS OF MARYLAND
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substituted for present, obsolete references
to a "commercial motor vehicle". In any given
situation, it is difficult for a police
officer to determine whether a given vehicle
meets the criteria of a "commercial motor
vehicle", as defined in present Art. 66 1/2,
§1—110. Furthermore, for purposes of this
section, the definition is impractical and
overly limited; consider for example, the fact
that a "bus" does not come within the scope of
the definition. The section apparently was
not intended to have such a narrow effect,
since the limits specified in this title are
applicable to all vehicles; it is inconsistent
to provide for enforcement only in regard to
"commercial motor vehicles".
In subsection (e) of this section, the present
reference to "civilian employees" is deleted
as unnecessary in light of the definition of
"police officer" in subsection (a) of this
section.
Present §14-111(d), which specifies that
failure to stop and submit to measurement or
weighing as required by this section is a
"misdemeanor", is deleted as unnecessary in
light of §27—101 of this article to the same
effect.
24-111.1. REMOVAL OF EXCESS WEIGHT.
(A) REQUIRED REMOVAL.
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, AS TO
ANY VEHICLE FOUND TO EXCEED THE WEIGHT LIMITS PERMITTED
UNDER THIS SUBTITLE:
(1) IF THE OVERWEIGHT DOES NOT EXCEED 5,000
POUNDS, A POLICE OFFICER MAY REQUIRE THE DRIVER TO
UNLOAD THE EXCESS WEIGHT; AND
(2) IF THE OVERWEIGHT EXCEEDS 5,000 POUNDS,
THE VEHICLE MAY NOT BE MOVED UNTIL THE EXCESS WEIGHT IS
UNLOADED.
(B) EXCEPTION - TOLERANCE FOR CERTAIN VEHICLES
CARRYING MILK.
IF AN OVERWEIGHT VEHICLE BEARS REGISTRATION PLATES
ISSUED BY THIS STATE AND IS TRANSPORTING LIQUID MILK IN
BULK FROM THE PRODUCER, THE VEHICLE MAY BE GRANTED A 5
PERCENT TOLERANCE ON THE APPLICABLE REGISTRATION OR
STATUTORY GROSS WEIGHT LIMIT. HOWEVER, A TOLERANCE
GRANTED UNDER THIS SUBSECTION MAY NOT PERMIT THE GROSS
WEIGHT OF THE VEHICLE TO EXCEED 73,280 POUNDS.
(C) EXCEPTION - INDIVISIBLE LOAD.
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