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Ch. 263
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2005 LAWS OF MARYLAND
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farmer in the transportation of supplies to a farm or the transportation of farm
products as defined in § 10-601 of the Agriculture Article within 150 air miles of the
farmer's farm; or
(v) Except in the case of bus drivers, apply the provisions of §
391.41(b)(1) through (11) of the Federal Motor Carrier Safety Regulations before
October 1, 2023 to any person who:
1. On October 1, 2003, was otherwise qualified to operate
and operated a vehicle or vehicle combination used in intrastate commerce with a
gross vehicle weight rating or gross combination weight rating of 10,001 pounds or
more and, after October 1, 2003, remained qualified to operate and continued to
operate such a vehicle;
2. Operates only in intrastate commerce; and
3. Has a mental or physical condition which would disqualify
the person under the Federal Motor Carrier Safety Regulations and:
A. The condition existed on October 1, 2003 or at the time of
the first physical examination after that date to which the person submitted as
required by regulations adopted by the Administration under subsection (k) of this'
section; and
B. A physician who has examined the person has determined
that the condition has not substantially worsened and that no other disqualifying
medical or physical condition has developed since October 1, 2003 or the time of the
first required physical examination after that date.
(2) Nothing contained in this subsection limits regulation of the
qualifications or hours of service of a driver of a vehicle:
(i) In interstate commerce;
(ii) Transporting hazardous materials of a type and quantity
requiring placarding under Federal Hazardous Materials Regulations; or
(iii) Designed to transport 16 or more passengers, including the
driver.
(j) (1) Notwithstanding the provisions of § 14-107 of the Public Safety
Article, the Governor may delegate the power to declare a utility or transportation
emergency to the Secretary or the Secretary's designee.
(2) (i) The Secretary or the Secretary's designee may declare a utility
or transportation emergency.
(ii) 1. During the time in which a [declared] utility or
transportation emergency DECLARED UNDER THIS SUBSECTION exists, the Secretary
or the Secretary's designee shall waive the maximum hours-of-service time limits
contained in this section, or in regulations [promulgated pursuant thereto] ADOPTED
UNDER THIS SECTION for all interstate and intrastate drivers providing direct
assistance in restoring utility services affected by a utility emergency.
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