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Ch. 14
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1244
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LAWS OF MARYLAND
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WARNINGS FOR DEFECTIVE EQUIPMENT: PROHIBITED
ACTIVITIES"}.
REVISOR'S NOTE: This subsection is new language that
combines without substantive change present
Art. 66 1/2, §§12-405.1(d), 12-415 (second
sentence), and 13—108(c).
As to item (3) of this subsection, although
present §13-108(c) literally refers to
violations of any provision of Title 23,
research indicates that, in fact, a more
limited application to §23-109 was intended.
Violations of other provisions of that title —
e.g., failure of an owner to obey a Safety
Equipment Repair Order — are intended to be
subject to the lesser, uniform penalty of
subsection (b) of this section, the same as
with a violation of most of the provisions of
Title 22 of this article, relating to
equipment requirements generally.
The present reference to violations of
"regulations" is deleted as unnecessary in
light of §27-102 of this title to the same
effect.
See, also, revisor's note to subsection (c) of
this section.
(E) PENALTIES - $500 AND 6 MONTHS; $1,000 AND 1
YEAR.
ANY PERSON WHO IS CONVICTED OF A VIOLATION OF ANY OF
THE PROVISIONS OF §21-1411 OF THIS ARTICLE
{"TRANSPORTATION OF DANGEROUS SUBSTANCES") IS SUBJECT TO:
(1) FOR A FIRST OFFENSE, A FINE OF NOT MORE
THAN $500 OR IMPRISONMENT FOR NOT MORE THAN 6 MONTHS OR
BOTH; AND
(2) FOR ANY SUBSEQUENT OFFENSE, A FINE OF NOT
MORE THAN $1,000 OR IMPRISONMENT FOR NOT MORE THAN 1 YEAR
OR BOTH.
REVISOR'S NOTE: This subsection is new language
derived without substantive change from the
penalty provisions of present Art. 89B, §120C.
The present, alternative minimum penalties of
a $100 fine for a first offense and a $500
fine for a subsequent offense are deleted to
conform to the other penalties provided for in
this section as well as the statement of
legislative policy contained in Art. 27, §643,
which sets forth the general rule that,
notwithstanding a prescribed minimum penalty,
the court nevertheless may impose a lesser
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