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ROBERT L. EHRLICH, JR., Governor H.B. 789
(i) The licensee did not refuse to take a test;
(ii) The licensee has not been convicted under § 21-902 of this
article; and
(iii) The license is required for the purpose of attending:
1. A noncollegiate educational institution as defined in §
2-206(a) of the Education Article; or
2. A regular program at an institution of postsecondary
education.
(3) If the licensee refused to take a test, the Administration may not
modify a suspension under this section or issue a restrictive license except as
provided under paragraph (4) of this subsection.
(4) In addition to the authority to modify a suspension or issue a
restrictive license under paragraph (1) or (2) of this subsection, the Administration
may modify a suspension under this section or issue a restrictive license to a licensee
who participates in the Ignition Interlock System Program established under §
16-404.1 of this title for at least 1 year.
(0) THE PROVISIONS OF THIS SECTION RELATING TO DISQUALIFICATION DO
NOT APPLY TO OFFENSES COMMITTED BY AN INDIVIDUAL IN A NONCOMMERCIAL
MOTOR VEHICLE BEFORE:
(1) SEPTEMBER 30, 2005; OR
(2) THE INITIAL ISSUANCE TO THE INDIVIDUAL OF A COMMERCIAL
DRIVER'S LICENSE BY ANY STATE.
16-208.1.
(a) In addition to any suspensions or revocations of an individual's license or
privilege to drive provided for in this title, if the individual holds a Class A, B, [C, or
D] OR C license issued under [§ 16-104] § 16-815 of this title OR IS OPERATING A
COMMERCIAL MOTOR VEHICLE, the Administration shall disqualify the individual
from operating a commercial motor vehicle if the convictions resulted from an offense
[involving a commercial motor vehicle and the] OR offenses THAT would subject the
individual to disqualification under § 16-812 of this title.
(b) Any disqualification imposed under subsection (a) of this section shall be
for the period of time provided in § 16-812 of this title.
(c) If an individual has been disqualified from operating a commercial motor
vehicle pursuant to subsection (a) of this section, but that individual is otherwise
eligible for a license or privilege to operate vehicles other than commercial motor
vehicles, the Administration may issue a noncommercial driver's license to that
individual.
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- 4199 -
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