|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
VETOES
|
|
|
|
|
H.B. 789
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2. For a test refusal:
A. For a first offense, for 120 days; or
B. For a second offense or subsequent offense, for 1 year; and
(ii) 1. In the case of a person operating a commercial motor
vehicle OR WHO HOLDS A COMMERCIAL DRIVER'S LICENSE who refuses to take a test,
disqualify the [person's commercial driver's license] PERSON FROM OPERATING A
COMMERCIAL MOTOR VEHICLE for a period of 1 year for a first offense, 3 years for a
first offense which occurs while transporting hazardous materials required to be
placarded, and for life for a second or subsequent offense which occurs while
operating any commercial vehicle; or
2. In the case of a person operating a commercial motor
vehicle who refuses to take a test, and who [is licensed as a commercial driver]
HOLDS A COMMERCIAL DRIVER'S LICENSE ISSUED by another state, disqualify the
person's privilege to operate a commercial motor vehicle in this State and report the
refusal and disqualification to the person's resident state which may result in further
penalties imposed by the person's resident state.
(5) (i) If the person requests a hearing at the time of or within 10 days
after the issuance of the order of suspension and surrenders the driver's license or, if
applicable, the person's commercial driver's license, the Administration shall set a
hearing for a date within 30 days of the receipt of the request.
(ii) Subject to the provisions of this paragraph, a postponement of a
hearing under this paragraph does not extend the period for which the person is
authorized to drive and the suspension and, if applicable, the disqualification shall
become effective on the expiration of the 45-day period after the issuance of the order
of suspension.
(iii) A postponement of a hearing described under this paragraph
shall extend the period for which the person is authorized to drive if:
1. Both the person and the Administration agree to the
postponement;
2. The Administration cannot provide a hearing within the
period required under this paragraph; or
3. Under circumstances in which the person made a request,
within 10 days of the date that the order of suspension was served under this section,
for the issuance of a subpoena under § 12-108 of this article except as time limits are
changed by this paragraph:
A. The subpoena was not issued by the Administration;
B. An adverse witness for whom the subpoena was requested,
and on whom the subpoena was served not less than 5 days before the hearing
described under this paragraph, fails to comply with the subpoena at an initial or
subsequent hearing described under this paragraph held within the 45-day period; or
- 4190 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
