Ch. 196

2003 LAWS OF MARYLAND

(5) IN VIOLATION OF ANY OF THE PROVISIONS OF §§ 21-701 THROUGH
21-704 OF THIS ARTICLE PERTAINING TO RAILROAD CROSSINGS OR ANY OTHER
FEDERAL, STATE, OR LOCAL LAW OR REGULATION SUBSTANTIALLY SIMILAR TO A
PROVISION OF §§ 21-701 THROUGH 21-704 OF THIS ARTICLE, PERTAINING TO
RAILROAD GRADE CROSSINGS.

16-812.

(a)     The Administration shall disqualify any individual from driving a
commercial motor vehicle for a period of 1 year if:

(1)     The individual is convicted of committing any of the following
offenses while driving a commercial motor vehicle:

(i) Driving in violation of § 21-902 of this article;

(ii) Driving in violation of a federal law or any other state's law
which is substantially similar in nature to the provisions in § 21-902 of this article;

(iii) Leaving the scene of an accident which requires disqualification
as provided by the United States Secretary of Transportation;

(iv) A crime, other than a crime described in subsection (e) of this
section, that is punishable by death or imprisonment for a term exceeding 1 year; or

(v) Driving in violation of § 25-112 of this article;

(2)     The individual, while driving a commercial motor vehicle, refuses to
undergo testing as provided in § 16-205.1 of this title or as is required by any other
state's law or by federal law in the enforcement of 49 CFR § 383.51(b)(2)(i)(A) or (B),
or 49 CFR § 392.5(a)(2); or

(3)     The individual drives or attempts to drive a commercial motor vehicle
while the alcohol concentration of the person's blood or breath is 0.04 or more.

(b)     If any of the offenses in subsection (a) of this section occurred while
transporting a hazardous material required to be placarded, the Administration shall
disqualify the individual for a period of 3 years.

(c)      The Administration shall disqualify any person from driving a commercial
motor vehicle for life for 2 or more violations of any of the offenses specified in
subsection (a) or (b) of this section, or any combination of those offenses, arising from
2 or more separate incidents.

(d)     The Administration may adopt regulations establishing guidelines,
including conditions, under which a disqualification for life may be reduced to a
period of time which may be permitted by federal regulations.

(e)     The Administration shall disqualify any person from driving a commercial
motor vehicle for life who uses a commercial motor vehicle in the commission of any
felony involving the manufacture, distribution, or dispensing of a controlled
dangerous substance, or possession with intent to manufacture, distribute, or
dispense a controlled dangerous substance.

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