Ch. 7

1993 LAWS OF MARYLAND

(v) Apply the medical examination and certification requirements of
Sections 391.41(a), 391.43 and 391.45 of the Federal Motor Carrier Safety Regulations to
a driver who operates a vehicle or vehicle combination with a registered gross or
combination weight of less than 26,001 pounds.

(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 ARTICLE 16A, § 6A OF THE
CODE, THE GOVERNOR MAY DELEGATE THE POWER TO DECLARE A UTILITY OR
TRANSPORTATION EMERGENCY TO THE SECRETARY OR THE SECRETARY'S
DESIGNEE.

(2) THE SECRETARY OR THE SECRETARY'S DESIGNEE MAY DECLARE A
UTILITY OR TRANSPORTATION EMERGENCY.

(I)      DURING THE TIME IN WHICH A DECLARED UTILITY OR
TRANSPORTATION EMERGENCY 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 FOR ALL INTERSTATE AND INTRASTATE DRIVERS PROVIDING DIRECT
ASSISTANCE IN RESTORING UTILITY SERVICES AFFECTED BY A UTILITY
EMERGENCY.'

(II)" THIS WAIVER 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.

. (3) (I) ALL DECLARATIONS ISSUED UNDER THIS SECTION: SHALL
INDICATE THE NATURE OF THE UTILITY OR TRANSPORTATION EMERGENCY, THE
AREA OR AREAS THREATENED, AND THE CONDITIONS WHICH HAVE BROUGHT IT
ABOUT.

(II)     A DECLARATION SHALL BE DISSEMINATED BY A MEANS
CALCULATED TO BRING ITS CONTENTS TO. THE ATTENTION OF THE GENERAL
PUBLIC, IN THE AREAS AFFECTED BY THE DECLARATION.

(4) WITHIN 10 DAYS OF THE ISSUANCE OF ANY DECLARATION ISSUED
UNDER THIS SECTION, THE SECRETARY OR THE SECRETARY'S DESIGNEE SHALL
NOTIFY THE GOVERNOR OF THE NATURE OF THE DECLARATION.

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