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249
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MARVIN MANDEL, Governor
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appear, even if there is no notice to the
person charged of the consequences of that
act; certainly, the citation should be
required to give that notice and, in fact, it
is current practice to do so. Accordingly,
subsection (b) (6) is added and, in subsection
(c), reference to the form inserted.
The only other changes are in style.
As noted above, present Art. 1A, §10-1001 (c)
appears on its face to apply only to
"offenses...punishable under §10-1002".
However, the specific reference to that
section is inconsistent somewhat with the
broader language in present §10-1001 (c), which
refers to a "violation of any...provisions of
this article". The Commission believes that
the statutory cross—reference was intended to
be to present Art. 1A, §10-1003, the general
penalty section, now §5-1105 of this subtitle.
This suspicion is supported by the
Administration's "revisor's note" to its 1974
revision of Article 1A, which states, as to
§10—1001(c): "Subsection (c) is new
language.... It is felt that the State Police
who are enforcing the provisions of this
Article, particularly those relating to
registration of aircraft, should be authorized
to issued citation for this offense.... There
does not appear to be any distinction between
aircraft registration violations and similar
violations of provisions in the Natural
Resources and Motor Vehicle Articles"
(emphasis added).
The Commission suggests that there may be an
inadvertent gap in the provisions of this
subtitle. As presently worded, the "written
promise to appear in court", itself, appears
to be unenforceable due to the absence of
express statutory language requiring a person
to comply with it. When the Administration
proposed the legislation that first added this
section to Art. 1A, it noted that the section
is patterned after the similar provisions in
NR §1-205 and Art. 66 1/2. In §26-207 of this
article, which is derived without substantive
change from present Act. 66 1/2, §16-113(a)
and (b), the following additional language
appears:
"Regardless of the disposition of the
charge ..., a person may not violate his
written promise to appear .... A
written promise to appear ... may be
complied with by an appearance by
counsel".
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