2009 Legislation
Motor Vehicle Administration Point System - HB 1412- This departmental bill alters four sections of Maryland Vehicle Law that pertains to the MVA’s point system. The bill eliminates the Point System Conference and instead requires all drivers who accumulate five to seven points within a two-year period to attend the more comprehensive Driver Improvement Course; it also eliminates the requirement for a return receipt request when the MVA sends a notice of suspension or revocation for accumulation of points. The bill removes vague statutory language that restricts the ability of administrative law judges to modify administrative sanctions and revocations of driver’s licenses; and the bill would allow the MVA to move to an automated system of checking and assessing points.
Criminal Procedure - Drunk and Drugged Driving - Probation Before Judgment - HB 301/SB 259 - This bill is a recommendation of the 2007 Task Force to Combat Driving Under the Influence of Drugs and Alcohol. It extends from 5 years to 10 years the period that a prior alcohol or drug-related driving offense disqualifies a defendant from eligibility to be place on probation before judgment.
Vehicle Laws - Violations by Drivers Under the Age of 18 Years - Driver's License Suspensions - SB 219 - This bill expands the offenses committed by young drivers under the age of 18, requiring the MVA to suspend the driver’s license. The offenses include failing to remain at the scene of an accident involving bodily injury, death, or property damage; and fleeing and eluding a police officer. The bill also requires MVA to suspend the provisional license of an individual younger than age 18, who accumulates five or more points in a 12-month period, for six months for a first offense and one year for a second or subsequent offense. If a provisional license holder younger than age 18 is guilty of reckless or negligent driving, aggressive driving, or engaging in a racing or a speed contest, MVA must suspend the license for six months for a first offense and one year for a second or subsequent offense.
Vehicle Laws - Repeated Drunk and Drugged Driving Offenses - Suspension of License - SB 262 - This bill contains provisions recommended by the task force. The bill clarifies that, unless otherwise specified, MVA is authorized to impose a one-year driver’s license suspension on a person who is convicted of any drunk or impaired driving offense more than once within a five-year period. On request of a person whose license is suspended under this provision, MVA may issue a restricted driver’s license for the suspension period if the person participates in the Ignition Interlock System Program.
Vehicle Laws - Alcohol Restriction on Driver's License - Penalties for Violations SB 263 - This bill is a recommendation of the 2007 Task Force to Combat Driving Under the Influence of Drugs and Alcohol. It makes the conviction for a violation of an alcohol restriction on a driver’s license that is imposed by the MVA a misdemeanor. The bills subject a person who violates this restriction to maximum penalties of up to two months imprisonment and/or a fine of $500. The bills also establish that the violation of any restriction imposed on a driver’s license or the violation of any rule or regulation under the Maryland Vehicle Law may subject the violator to up to two months imprisonment and/or a fine of up to $500.
Vehicle Laws - Lawful Status in the United States - Material Compliance with Federal Requirements - HB 387 - This bill mandates the Motor Vehicle Administration to require a new applicant for a driver’s license, an identification card, or a moped permit (DL/ID) to prove with documentation they are in the United States legally, either as a citizen or a legal alien. Applicants must also prove to the MVA that they possess a valid social security card, or provide proof they are not eligible for one. For those who already possess a DL/ID that cannot prove their lawful status, the MVA will renew their product and it will read that it cannot be used for Federal Identification purposes. These cards will expire by July 1, 2015. After that day, all newly issued and renewed DL/IDs will require proof of lawful presence.
Effective: June 1, 2009
Vehicle Laws - Teen Driver Safety - HB 303 - This Administration bill increases by three months the age limit for issuance of a provisional driver’s license (from 16,3 to 16,6) and driver’s license (from 17,9 to 18); Requires learner’s permit holders and provisional licensees to be violation-free, including probations before judgments, before advancing to next licensing stage; authorizes the Motor Vehicle Administration (MVA) to cancel the license of a minor on request of the person who cosigned the minor’s driver license application and provides for re-issuance of a minor’s cancelled license; establishes new penalties against the provisional license of those under 18 who commit two or more moving violations; and requires MVA to submit an application for criminal history records check for a driving instructor candidate. The provisions of the bill regarding age of eligibility for licenses apply prospectively and do not apply to those who have already obtained a license.
Automotive Dismantlers, Recyclers, and Scrap Processors - Notice of Vehicle Acquisition - HB 408/SB 296 - This emergency bill expands an exemption currently provided to automotive dismantlers and recyclers and scrap processors. If a salvage certificate is issued by a government agency of another state similar to the Motor Vehicle Administration, the automotive dismantler and recycler or scrap processor does not have to electronically submit notification of acquisition of the vehicle within 30 days, as is currently allowed if the salvage certificate is issued by MVA.
Consumer Protection - Automotive Warranty Enforcement Act – Warranty Period - SB 133 - This bill extends the manufacturer’s warranty period under the Automotive Warranty Enforcement Act, or the “lemon law”. The warranty increases to cover from the first 15,000 miles to 18,000 miles, and from the first 15 months to 24 months, whichever occurs first.
Vehicle Laws - Speed Monitoring Systems - Statewide Authorization and Use in Highway Work Zones - SB 277 - This bill authorizes the statewide use of speed cameras in school zones and work zones. Law enforcement may issue citations or warnings to drivers speeding at least 12 Mph over the posted speed limit. The maximum fine is $40.00.
Effective: October 1, 2009
The Delegate John Arnick Electronic Communications Traffic Safety Act - HB 72 - The bill bans writing or sending texts while driving. Offenders would face a maximum $500 fine for the misdemeanor violation. The ban does not apply the use of GPS or to texting 9-1-1.
Effective: October 1, 2009
Vehicle Laws - Air-Conditioning Equipment Specifications and Requirements - SB 69 - This departmental bill replaces the ban on toxic or flammable motor vehicle air-conditioning refrigerants with a new standard. Beginning in model year 2011, a person may not sell or equip a motor vehicle with air conditioning equipment unless the equipment contains a refrigerant that is not ozone-depleting or is included in a list of refrigerants identified by the U.S. Environmental Protection Agency as safe alternatives.
Effective: October 1, 2009
Vehicle Laws - Advertising Practices - Prohibited Acts - SB 859 - This bill requires auto dealers use the full delivered price of the vehicle excluding only taxes, title fees, and dealer processing charges when advertising, and have it be printed in the largest font used in the advertisement.
Effective: October 1, 2009