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Ch. 14
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608
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LAWS OF MARYLAND
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EXERCISE OF CONTROL OVER OR THE STEERING OF A VEHICLE
BEING TOWED BY A MOTOR VEHICLE.
REVISOR'S NOTE: This section is new language derived
for the most part from present Art. 66 1/2,
§§ 1—122 and 1-156, which define the nouns
"driver" and "operator", respectively, in
virtually identical terms, substantially as
follows:
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"...every person who drives or is in
actual physical control of a ... vehicle
... {or who} is exercising control over
or steering a vehicle being towed by a
motor vehicle."
The term "operate", as added to this
definition, is nothing more than the vert form
of the presently defined "operator"; the added
term "move" is derived from numerous,
scattered references in present Art. 66 1/2,
such as "drive or move" and "operate or move".
With the addition of these terms in this
definition — and the identical meaning of
"operate", as defined in §11—141 of this
subtitle — the definition permits the use of
these verbs - with a standard, consistent
meaning - throughout the Maryland Vehicle Law,
where the same broad scope is intended by the
present, albeit confusing, proliferation of
variations such as "operate" {e.g., Art. 66
1/2, §§ 3-411(c), 6-111(c), and 11-1116 (a)};
"drive" {e.g.. Art. 66 1/2, §§ 2-305(a),
6-102.5, and 12-404 (a)}; "operate or move"
{e.g.. Art. 66 1/2, §§ 1-187, 3-601 (a), and
11-704(a)}; "drive or move" {e.g.. Art. 66
1/2, §§ 3-401 (a), 12-101 (a), and 14-106};
"operate or drive" {e.g.. Art. 66 1/2, §§
6-102(c) and 11-901}; "drive ... or be in
actual physical control" {e.g., §11-902}; and
"operate, drive, or move" {e.g., §l4¢114(a)}.
In Thomas v. State, 277 Md. 314 (1976), the
Court of Appeals, relying exclusively on
precedents from other states, held that the
term "drive" - as used in present Art. 66
1/2, §11-902(b) - had a different, narrower
meaning than either the phrase "be in actual
physical control" - also used in that section
- or the term "operate". That decision,
however, ignored the existing Maryland law
found in the definitions of "driver" and
"operator" in Art. 66 1/2, §§ 1-122 and 1-156,
respectively. Both of these definitions
expressly include a person who exercises
"actual physical control" of a vehicle. Since
the meanings of the verbs "drive" and
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