S.B. 269

VETOES

1.        WAS OTHERWISE QUALIFIED TO OPERATE AND
OPERATED A COMMERCIAL MOTOR VEHICLE IN INTRASTATE COMMERCE ON OR
BEFORE OCTOBER 1, 1992;

2.        OPERATES WHOLLY WITHIN THIS STATE; AND           

3.        HAS A MENTAL OR PHYSICAL CONDITION WHICH WOULD
DISQUALIFY THE PERSON UNDER THE FEDERAL MOTOR CARRIER SAFETY
REGULATIONS AND:

A.       THE CONDITION EXISTED ON OCTOBER 1, 1992 OR AT THE
TIME OF THE FIRST PHYSICAL EXAMINATION AFTER THAT DATE TO WHICH THE
PERSON SUBMITTED AS REQUIRED BY REGULATIONS ADOPTED BY THE
ADMINISTRATION UNDER SUBSECTION (J) OF THIS SECTION; AND

B.       A PHYSICIAN WHO HAS EXAMINED THE PERSON HAS
DETERMINED THAT THE CONDITION HAS NOT SUBSTANTIALLY WORSENED SINCE
OCTOBER 1, 1992 OR THE TIME OF THE FIRST REQUIRED PHYSICAL EXAMINATION
AFTER THAT DATE.

(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) FOR THE PURPOSES OF SUBSECTION (I) OF THIS SECTION, THE
ADMINISTRATION SHALL ADOPT REGULATIONS REQUIRING PHYSICAL
EXAMINATIONS FOR INTRASTATE COMMERCIAL MOTOR VEHICLE DRIVERS.

Chapter 126 of the Acts of 1992

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, [1992] 1993 provided, however; that § 25-111(i)(1)(v) of the Transportation
Article as enacted by this Act may not be applied to a driver who is employed by a
company, corporation, or other entity that employs more than 500 drivers who are
affected by this Act until October 1, [1993] 1994 if the employer submits a written notice
to the Commercial Vehicle Enforcement Division of the Maryland State Police before
October 1, [1992] 1993 stating the number of drivers that are affected by §
25-111(i)(1)(v) as enacted by this Act.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1993.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health and safety, has
been passed by a yea and nay vote supported by three-fifths of all the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it is
enacted.

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