|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 14
|
|
|
|
|
1192
|
|
|
|
|
|
LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) A PENALTY ADOPTED UNDER THIS SECTION MAY
NOT EXCEED $100 FOR EACH VIOLATION.
REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 66 1/2,
§14-112(c) and (d).
In subsection (d)(2) of this section, the
present provision for a minimum penalty of $10
is deleted to conform to the legislative
policy contained in Art. 27, §643 of the Code,
which sets forth the general rule that,
notwithstanding a prescribed minimum penalty,
the court nevertheless may impose a lesser
penalty of the same character.
As to subsections (b)(3) and (d) (2), however,
the Commission wonders whether the penalties
are intended to be civil or criminal in
nature. If the latter, more specific
legislative standards might be appropriate to
avoid an invalid delegation of legislative
powers and otherwise being violative of due
process of law requirements. Cf., County
Council v. Investors Funding, 270 Md. 403,
441-443 (1973); discussed 35 Md. L. Rev. 414,
449 et seq. (1976).
24-114. JURISDICTION AND APPEALS IN OFFENSES INVOLVING
VEHICLE WEIGHTS.
AS TO VIOLATIONS RELATING TO VEHICLE WEIGHTS AND THE
IMPOSITION OF FINES ALLOWED FOR THESE VIOLATIONS, IF
EITHER PARTY IS AGGRIEVED BY THE JUDGMENT OF A DISTRICT
COURT, THE PARTY HAS A RIGHT OF APPEAL UNDER §§ 12-401
AND 12-403 OF THE COURTS ARTICLE.
REVISOR'S NOTE: This section is new language derived
without substantive change from the last
clause of Art. 66 1/2, §14-115.
The first clause of that section, which
relates to the jurisdiction of the District
Court to hear these matters, is deleted as
unnecessary. Its retention is but a vestige
of an obsolete predecessor statute granting
jurisdiction to a "trial magistrate, justice
of the peace", etc.
As to penalties for weight violations, see
§27-107 of this article.
|
|
|
|
|
|
|
|
|
|
SUBTITLE 2. HIGHWAY PRESERVATION.
|
|
|
|
|
|
|
|
|
24-20 1. DEFINITIONS.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
