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VETOES
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H.B. 789
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(h) The Administration may disqualify a person from driving a commercial
motor vehicle for a controlled dangerous substance offense in the manner provided
under Article 41, Title 1, Subtitle 5 of the Code.
(i) (1) In this subsection the following terms have the meanings indicated:
(i) "Commercial motor vehicle" means:
1. A "commercial motor vehicle" as defined in [§ 11-109.1 of
this article] § 16-803 OF THIS SUBTITLE; and
2. Except as provided in [§ 11-109.1(b) of this article] §
16-803(C)(2) OF THIS SUBTITLE, any self-propelled or towed vehicle used on a public
highway to transport passengers or property, if the vehicle has a gross vehicle weight
rating of 10,001 or more pounds.
(ii) "Out-of-service order" means a declaration by an authorized
enforcement officer of a federal, State, Canadian, Mexican or local jurisdiction that a
driver, a commercial motor vehicle, or a motor carrier operation, is put out of service
pursuant to Title 49, §§ 386.72, 392.5, 392.9A, 395.13, and 396.9 of the Code of Federal
Regulations, compatible laws, or the North American Uniform Out-of-Service
criteria.
(2) A driver who is convicted of violating an out-of-service order while
driving a commercial motor vehicle is disqualified for the period of time specified in
regulation by the United States Secretary of Transportation.
(j) A driver who is convicted of a violation of any of the provisions of §§ 21-701
through 21-704 of this article pertaining to railroad grade crossings or any other
federal, state, or local law or regulation pertaining to railroad grade crossings that is
substantially similar to §§ 21-701 through 21-704 of this article, while operating a
commercial motor vehicle, is disqualified for the period of time specified in regulation
by the United States Secretary of Transportation.
(k) (1) The Administration shall cancel a commercial driver's license if the
applicant provides information that is incomplete or incorrect.
(2) IF THE ADMINISTRATION DETERMINES, IN ITS CHECK OF AN
APPLICANT'S LICENSE STATUS AND RECORD PRIOR TO ISSUING A COMMERCIAL
DRIVER'S LICENSE, OR AT ANY TIME AFTER THE COMMERCIAL DRIVER'S LICENSE
HAS BEEN ISSUED, THAT THE APPLICANT HAS FALSIFIED ANY INFORMATION OR
CERTIFICATION SUBMITTED IN CONNECTION WITH AN APPLICATION FOR A
COMMERCIAL DRIVER'S LICENSE, THE ADMINISTRATION SHALL SUSPEND, CANCEL,
OR REVOKE THE COMMERCIAL DRIVER'S LICENSE OR PENDING APPLICATION, OR
DISQUALIFY THE PERSON FROM OPERATING A COMMERCIAL MOTOR VEHICLE, FOR A
PERIOD OF NOT LESS THAN 60 DAYS.
(1) After suspending, revoking, or canceling a commercial driver's license, or
after disqualifying a [commercial driver] PERSON WHO HOLDS A COMMERCIAL
DRIVER'S LICENSE from operating a commercial motor vehicle, the Administration
shall update its records to reflect that action within 10 days.
- 4208 -
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