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609
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MARVIN MANDEL, Governor
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"operate" logically should derive from
definitions of their noun forms, both "drive"
and "operate" should be recognized as having
equally broad and identical meanings.
In any event, it appears clear that the
legislative intent was to use these various
terms in essentially the same sense. For
example, as to vehicles required to be
registered in this State: present Art. 66 1/2,
§3-401(b) states that "{i}t is a misdemeanor
for any person to drive or move ... any
vehicle whose registration is suspended or
revoked..." (emphasis added); on the other
hand, present Art. 66 1/2, §3—702 states that
it is a misdemeanor for any person to "operate
... a motor vehicle the registration of which
has been canceled, suspended or revoked"
(emphasis added). Similarly, as to the
statutory requirements for a driver's license,
for which the present, broad definitions of
"driver" and "operator" were especially
intended; present Art. 66 1/2, §6—101 provides
that " {n}o person shall drive or attempt to
drive a motor vehicle" unless he is licensed
(emphasis added); on the other hand, the term
"operate" or its other verbal variations is
used in similar context throughout the
licensing provisions {cf., e.g., present Art.
66 1/2, §§ 1-140, 6-111(c), 6-113(a),
6-205.1(b), and 6-601(e)}. A more dramatic
example is that of present Art. 66 1/2,
§14—114, which states that " {a}ny person
driving any vehicle ... upon any highway ...
shall be liable for all damage which the
highway ... may sustain as a result of any
illegal operation, driving, or moving of the
vehicle ..." (emphasis added).
The Commission would emphasize that adoption
of this definition does not alter the
substance of the offense established by
present §11—902(b), the section considered by
the Court of Appeals in Thomas. See §21-902 of
this article.
115. DRIVER.
"DRIVER" MEANS ANY INDIVIDUAL WHO DRIVES A VEHICLE.
REVISOR'S NOTE; This section is new language
substituted for present Art. 66 1/2, §1-122,
which defines "driver" in terms made
unnecessary by the use here of the word
"drive", as defined in §11-114 of this
subtitle. See revisor's note to that section.
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116. DRIVER'S LICENSE.
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