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SB. 754 VETOES
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required inspection, the police officer shall have the authority to take the vehicle and
its load into temporary custody for the purpose of inspecting the vehicle, load, its
equipment, or documents.
(3) The police officer may utilize resources as specified in § 27-111(b) of
this article to conduct the safety inspection.
(4) In addition to any fine or penalty attributable to the inspection, or
other offense, the driver is:
(i) Subject to a fine and penalty as specified in § 27-101(l) of this
article; and
(ii) Responsible for any additional costs incurred in inspecting the
vehicle and its load because of the driver's failure or refusal to comply with the
direction of a police officer or an electronic signal to a CVISN transponder.
(e) A sign used to direct vehicles under this section may be displayed only by
a police officer who is assigned to enforce this section.
(f) (1) Except as provided in subsection (i) of this section, the
Administration may adopt rules and regulations as are necessary for the safe
operation of vehicles that:
(i) Exceed a gross vehicle weight rating of 10,000 pounds;
(ii) Are required to be marked or placarded for the transportation of
hazardous materials; or
(iii) Are designed to transport 16 or more passengers including the
driver over the highways of this State.
(2) Any rule or regulation adopted pursuant to this subsection shall:
(i) Be formulated jointly by the Motor Vehicle Administration and
the Department of State Police;
(ii) Duplicate or be consistent with the Federal Motor Carrier
Safety Regulations contained in 49 CFR, Parts 390 through 399;
(iii) Apply to all vehicles over 10,000 pounds rated gross vehicle
weight that are subject to the Federal Motor Carrier Safety Regulations;
(iv) Apply to vehicles over 10,000 pounds gross vehicle weight
rating that are not subject to the Federal Motor Carrier Safety Regulations, if the rule
or regulations adopted by the Motor Vehicle Administration specifically states that it
applies to the vehicle; and
(v) Be consistent with 49 CFR, Parts 40 and 382, with respect to
alcohol and drug testing regulations applicable to drivers required by regulation to
possess a commercial driver's license.
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- 3844 -
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