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ROBERT L. EHRLICH, JR., Governor H.B. 789
MATERIALS TRANSPORTATION ACT AND WHICH REQUIRES THE MOTOR VEHICLE TO
BE PLACARDED UNDER HAZARDOUS MATERIALS REGULATIONS (49 CFR PART 172,
SUBPART F).
(2) "COMMERCIAL MOTOR VEHICLE (CMV)" DOES NOT INCLUDE A
VEHICLE THAT IS:
(I) 1. CONTROLLED AND OPERATED BY A FARMER;
2. USED TO TRANSPORT AGRICULTURAL PRODUCTS, FARM
MACHINERY, OR FARM SUPPLIES TO OR FROM A FARM;
3. NOT USED IN THE OPERATIONS OF A COMMON OR
CONTRACT MOTOR CARRIER; AND
4. USED WITHIN 150 MILES OF THE PERSON'S FARM;
(II) AN EMERGENCY VEHICLE:
1. EQUIPPED WITH AUDIBLE AND VISUAL SIGNALS; AND
2. OPERATED BY A MEMBER OF OR A PERSON IN THE
EMPLOY OF A VOLUNTEER OR PAID FIRE OR RESCUE ORGANIZATION;
(III) A VEHICLE OWNED OR OPERATED BY THE UNITED STATES
DEPARTMENT OF DEFENSE IF IT IS CONTROLLED AND OPERATED BY:
1. ANY ACTIVE DUTY MILITARY PERSONNEL;
2. ANY MEMBER OF THE MILITARY RESERVES OR NATIONAL
GUARD ON ACTIVE DUTY, INCLUDING PERSONNEL ON FULL-TIME NATIONAL GUARD
DUTY AND PERSONNEL ON PART-TIME TRAINING; OR
3. ANY NATIONAL GUARD MILITARY TECHNICIAN; OR
(IV) A MOTOR VEHICLE DESIGNED AND CONSTRUCTED PRIMARILY
TO PROVIDE TEMPORARY LIVING QUARTERS FOR RECREATIONAL, CAMPING, OR
TRAVEL USE.
[(c)] (D) "Conviction" means a final unvacated adjudication of guilt, or a
determination that an individual has violated or failed to comply with the law in a
court of original jurisdiction or by an authorized administrative tribunal, an
unvacated forfeiture of bail or collateral deposited to secure the person's appearance
in court, a plea of guilty or nolo contendere accepted by the court, the payment of a
fine or court cost, A PROBATION BEFORE JUDGMENT FINDING, or violation of a
condition of release without bail, regardless of whether or not the penalty is rebated,
suspended, or probated.
[(d)] (E) "Employer" means any individual, including the United States, a
state, or a political subdivision of a state, who owns or leases a commercial motor
vehicle or assigns drivers to operate such a vehicle. An individual who employs
himself as a commercial motor vehicle driver is considered to be both an employer and
a driver for the purposes of this subtitle.
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