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VETOES
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S.B. 148
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21-1123.
(A) (1) THE PROVISIONS OF THIS SUBSECTION DO NOT APPLY IF THE
HOLDER OF THE PROVISIONAL DRIVER'S LICENSE IS DRIVING WHILE ACCOMPANIED
BY AND UNDER THE IMMEDIATE SUPERVISION OF AN INDIVIDUAL WHO:
(I) IS AT LEAST 21 YEARS OLD;
(II) HAS BEEN LICENSED FOR AT LEAST 3 YEARS IN THIS STATE OR
IN ANOTHER STATE TO DRIVE VEHICLES OF THE CLASS THEN BEING DRIVEN BY THE
HOLDER OF THE PROVISIONAL DRIVER'S LICENSE; AND
(III) IS SEATED BESIDE THE HOLDER OF THE PROVISIONAL
DRIVER'S LICENSE.
(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION, A
HOLDER OF A PROVISIONAL DRIVER'S LICENSE WHO IS UNDER THE AGE OF 18 YEARS
MAY NOT DRIVE A MOTOR VEHICLE WITH A PASSENGER UNDER THE AGE OF 18
YEARS.
(3) THE PROHIBITION UNDER PARAGRAPH (2) OF THIS SUBSECTION:
1. (I) SHALL BE IN EFFECT FROM THE DATE THE
PROVISIONAL LICENSE IS ORIGINALLY ISSUED UNTIL THE 181ST 151ST DAY AFTER
THE PROVISIONAL LICENSE WAS ISSUED; AND
2. (II) DOES NOT APPLY TO A PASSENGER WHO IS:
1. A SPOUSE, DAUGHTER, SON, STEPDAUGHTER, STEPSON,
SISTER, BROTHER, STEPSISTER, OR STEPBROTHER OF THE LICENSEE; OR
2. A RELATIVE OF THE LICENSEE WHO RESIDES AT THE
SAME ADDRESS AS THE LICENSEE.
(2) (B) A POLICE OFFICER MAY ENFORCE THE PROVISIONS OF THIS
SUBSECTION THIS SECTION ONLY AS A SECONDARY ACTION WHEN THE POLICE
OFFICER DETAINS A DRIVER FOR A SUSPECTED VIOLATION OF ANOTHER PROVISION
OF THE CODE.
(3) (C) A VIOLATION OF THIS SUBSECTION SECTION IS A MOVING
VIOLATION FOR THE PURPOSES OF § 16-402 OF THIS TITLE.
(D) (1) IF THE ADMINISTRATION RECEIVES SATISFACTORY EVIDENCE THAT
AN INDIVIDUAL HAS VIOLATED THIS SECTION, THE ADMINISTRATION MAY SUSPEND
OR REVOKE THE INDIVIDUAL'S DRIVER'S LICENSE.
(2) AN INDIVIDUAL MAY REQUEST A HEARING AS PROVIDED FOR A
SUSPENSION OR REVOCATION UNDER TITLE 16, SUBTITLE 2 OF THIS ARTICLE.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2005.
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May 26, 2005
- 3506 -
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