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ROBERT L. EHRLICH, JR., Governor
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S.B. 754
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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.
[(iii)] 2. This waiver shall include the hours of duty status accrued
by, and shall apply only to, drivers providing direct assistance in restoring utility
services affected by a utility emergency in the State, or to drivers of emergency
vehicles operated under the direction of State and local governments or their agents
when providing direct assistance in clearing and opening State highways and local
streets and roads to allow free flow of traffic.
(III) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO AN
INCIDENTAL DRIVER DURING A TIME WHEN A UTILITY EMERGENCY IS DECLARED
UNDER THIS SUBSECTION.
(III) 1. NOTWITHSTANDING THE OTHER PROVISIONS OF THIS
SUBSECTION AND § 14-107 OF THE PUBLIC SAFETY ARTICLE. DURING A UTILITY
EMERGENCY AN INCIDENTAL DRIVER SHALL BE EXEMPT FROM PART 395 OF THE
FEDERAL MOTOR CARRIER SAFETY REGULATIONS IF THE UTILITY COMPANY HAS
PREFILED, AS SPECIFIED BY THE SECRETARY OR THE SECRETARY'S DESIGNEE. A
UTILITY EMERGENCY RESPONSE NOTIFICATION PLAN AND AN INCIDENTAL DRIVER
SAFETY PLAN IN ACCORDANCE WITH THIS SUBPARAGRAPH.
2. A UTILITY EMERGENCY RESPONSE NOTIFICATION PLAN
MUST INCLUDE THE UTILITY COMPANY'S PROCEDURE FOR NOTIFYING THE
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