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Ch. 263
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2005 LAWS OF. MARYLAND
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(II) THE PLAN SHALL ESTABLISH THE PROCEDURES THAT THE
UTILITY COMPANY WILL FOLLOW TO ENSURE THAT AN INCIDENTAL DRIVER WILL
NOT DRIVE DURING A UTILITY EMERGENCY IF THE INCIDENTAL DRIVER HAS NOT
HAD AN AMOUNT OF REST SUFFICIENT TO ENSURE THAT THE DRIVER MAINTAINS
THE ABILITY TO DRIVE SAFELY.
(III) A UTILITY COMPANY IS NOT REQUIRED TO FILE A NEW PLAN
EACH TIME THE UTILITY COMPANY INTENDS TO DECLARE A UTILITY EMERGENCY.
(3) IF A UTILITY DECLARES AN EMERGENCY, THE UTILITY COMPANY
SHALL NOTIFY THE SECRETARY OR THE SECRETARY'S DESIGNEE WITHIN 24 HOURS
OF SUCH DECLARATION.
(4) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO AN
INCIDENTAL DRIVER DURING A TIME WHEN A UTILITY EMERGENCY IS DECLARED
UNDER THIS SUBSECTION ON NOTIFICATION BY A UTILITY COMPANY THAT IT IS
RESPONDING TO A UTILITY EMERGENCY, THE SECRETARY OR SECRETARY'S
DESIGNEE SHALL:
(I) REQUIRE THE UTILITY COMPANY TO INDICATE THE NATURE OF
THE UTILITY EMERGENCY, THE AREAS THREATENED, THE CONDITIONS WHICH HAVE
BROUGHT IT ABOUT, AND THE DURATION OF THE UTILITY COMPANY'S EXPECTED
RESPONSE, NOT TO EXCEED 5 DAYS;
(II) DETERMINE WHETHER A UTILITY EMERGENCY, AS DEFINED IN
THIS SECTION, EXISTED AT THE TIME OF THE UTILITY COMPANY'S RESPONSE AND, IF
SO, DECLARE THAT A UTILITY EMERGENCY EXISTED STARTING AT THAT TIME; AND
(III) IF A UTILITY EMERGENCY DOES NOT EXIST, NOTIFY THE
UTILITY COMPANY THAT IT IS NOT ENTITLED TO AND MAY NOT EXERCISE THE
RELIEF PROVIDED TO INCIDENTAL DRIVERS UNDER SUBSECTION (J) OF THIS
SECTION.
(2) A UTILITY EMERGENCY TO WHICH A UTILITY COMPANY RESPONDS
MAY NOT EXTEND MORE THAN 5 DAYS AFTER THE DATE THAT THE UTILITY
COMPANY FIRST NOTIFIES THE SECRETARY OR SECRETARY'S DESIGNEE OF ITS
RESPONSE UNLESS;
(I) THE UTILITY COMPANY PROVIDES A RENEWAL NOTIFICATION
TO THE SECRETARY OR SECRETARY'S DESIGNEE; AND
(II) THE SECRETARY OR SECRETARY'S DESIGNEE DOES NOT
REJECT THE RENEWAL.
(L) For the purposes of subsection (i) of this section, the Administration shall
adopt regulations requiring physical examinations for intrastate commercial motor
vehicle drivers.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2005.
Approved April 26, 2005.
- 1338 -
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