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Ch. 167
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2005 LAWS OF MARYLAND
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(2) THE INDIVIDUAL HOLDS A COMMERCIAL DRIVER'S LICENSE AND IS
CONVICTED OF COMMITTING ANY OF THE FOLLOWING OFFENSES WHILE DRIVING A
NONCOMMERCIAL MOTOR VEHICLE:
(I) A VIOLATION OF § 21-902(A), (C), OR (D) OF THIS ARTICLE;
(II) A VIOLATION OF A FEDERAL LAW OR ANY OTHER STATE'S LAW
WHICH IS SUBSTANTIALLY SIMILAR IN NATURE TO THE PROVISIONS IN § 21-902(A),
(C), OR (D) OF THIS ARTICLE;
(III) LEAVING THE SCENE OF AN ACCIDENT WHICH REQUIRES
DISQUALIFICATION AS PROVIDED BY THE UNITED STATES SECRETARY OF
TRANSPORTATION;
(IV) A CRIME, OTHER THAN A CRIME DESCRIBED IN SUBSECTION (E)
OF THIS SECTION, THAT IS PUNISHABLE BY DEATH OR IMPRISONMENT FOR A TERM
EXCEEDING 1 YEAR AND IN THE COMMISSION OF WHICH THE INDIVIDUAL USED THE
MOTOR VEHICLE;
[(2)] (3) The individual, while driving a commercial motor vehicle,
refuses to undergo testing as provided in § 16-205.1 of this title or as is required by
any other state's law or by federal law in the enforcement of [49 CFR §
383.51(b)(2)(i)(A) or (B)] 49 CFR § 383.51 TABLE 1, or 49 CFR § 392.5(a)(2); [or]
[(3)] (4) The individual drives or attempts to drive a commercial motor
vehicle while the alcohol concentration of the person's blood or breath is 0.04 or more;
OR
(5) THE INDIVIDUAL DRIVES A COMMERCIAL MOTOR VEHICLE WHEN, AS
A RESULT OF PRIOR VIOLATIONS COMMITTED WHILE DRIVING A COMMERCIAL
MOTOR VEHICLE, THE DRIVER'S COMMERCIAL DRIVER'S LICENSE IS REVOKED,
SUSPENDED, OR CANCELED OR THE DRIVER IS DISQUALIFIED FROM DRIVING A
COMMERCIAL MOTOR VEHICLE.
(b) If any of the offenses in subsection (a) of this section occurred while
transporting a hazardous material required to be placarded, the Administration shall
disqualify the individual for a period of 3 years.
(c) The Administration shall disqualify any person from driving a commercial
motor vehicle for life for 2 or more violations of any of the offenses specified in
subsection (a) or (b) of this section, or any combination of those offenses, arising from
2 or more separate incidents.
(d) The Administration [may] SHALL adopt regulations establishing
guidelines, including conditions, under which a disqualification for life may be
reduced to a period of time which may be permitted by federal regulations.
(e) The Administration shall disqualify any person from driving a commercial
motor vehicle for life who uses a commercial IS CONVICTED OF USING A motor vehicle
in the commission of any felony involving the manufacture, distribution, or
dispensing of a controlled dangerous substance, or possession with intent to
manufacture, distribute, or dispense a controlled dangerous substance.
- 1054 -
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