2011 Legislation
HB 196 / SB 424 – Motor Vehicles – Use of Test Messaging Device While Driving – Prohibited Acts - This bill prohibits reading a text message or electronic message while operating a motor vehicle in the travel portion of the roadway. The bill also clarifies that the prohibition on writing, sending or reading a text message also applies to electronic messages, and that the prohibition applies any time you are operating a vehicle on the travel portion of the roadway, whether or not the vehicle is in motion.
Effective October 1, 2011.
HB 789 – Driver's License Applications – Cosigner for Minors – Department of Social Services - This bill permits the director of a local department of social services, or his designee, to co-sign the driver’s license application of a minor committed to the custody or guardianship of social services.
Effective October 1, 2011.
HB 1017 / SB 2 – Vehicle Laws – Registration and Driver's License Renewal Fees – No Charge for Recipients of Medal of Honor - This bill provides that recipients of the Medal of Honor may not be charged a fee to renew either their driver's license or vehicle registration.
Effective October 1, 2011.
HB 1276 / SB 803 – Drunk Driving Reduction Act - This bill makes several changes to the ignition interlock program. The bill requires more drivers to participate in the program by requiring participation (or suspension) for (1) drivers under 21 who violate their alcohol restriction (.02 or greater), (2) drivers who have a subsequent alcohol conviction within 5 years, and (3) drivers with a high blood alcohol content (BAC) (.15 or greater) who are subsequently convicted of DWI or DUI. The bill prevents high BAC drivers who are convicted from being licensed again until they complete the ignition interlock program.
The bill also permits more drivers to opt into the program at various times, e.g. after being removed from the program for interlock violations one can reapply after a 30-day suspension and start the program over again. Also, drivers who are not initially eligible for the program or who opt for suspension in lieu of the program can later opt into the program. Finally, the bill creates criminal sanctions for failure to abide by interlock restrictions; i.e. driving a car not equipped with interlock when you have an interlock restriction. There are several other provisions, including an employment related exemption, a provision for concurrent terms of suspension, and a fee requirement.
Effective October 1, 2011.
SB 679 – Vehicle Laws – Overtaking and Passing School Vehicles – School Bus Monitoring Cameras - This bill permits a law enforcement agency, in consultation with a local school board, to install cameras on school buses for the purpose of recording violations relating to overtaking and passing school vehicles. The bill provides certain requirements for the recorded images and for citations relating to such violations, and creates a civil penalty for violations.
Effective October 1, 2011.
HB 1167 / SB 306 – Vehicle Laws – Motorized Passenger Scooters – Use in Ocean City - This bill permits a licensed driver (not a learner’s permit, nor a provisional license) to operate a motorized passenger 3-wheel scooter, within the municipal boundaries of Ocean City, on a local highway and on any portion of a state highway designated as a bicycle way, except where prohibited by the SHA.
Effective when enacted.
HB 624 / SB 125 – Baltimore City – Used Car Dealers – Sunday Operations - This bill permits a used car dealer in Baltimore City to sell, barter, deliver, give away, or offer for sale a motor vehicle or certificate of title for a motor vehicle on Sunday, instead of Saturday, if the dealer notifies MVA in advance that it intends to operate on Sunday instead of Saturday.
Effective June 1, 2011.
HB 319 / SB 689 – Motor Vehicle Dealers – Issuance of Temporary Registration Plate – Lapsed Security – Registration - This bill permits a licensed car dealer to issue a temporary registration plate to a vehicle buyer who is subject to a penalty for lapsed security on another vehicle.
Effective October 1, 2011.
HB 908 – Motor Vehicles – Leased Vehicles – Advertising Practices - This bill requires a dealer who leases vehicles to include the dealer processing charges and freight charges in determining adjusted capitalized cost used to calculate base lease payment shown in advertising. The bill also prohibits a dealer from advertising to the general public a capitalized cost reduction that is not offered to all potential lessees.
Effective October 1, 2011.
HB 72 – Budget Reconciliation and Financing Act of 2011 - This bill involves many changes, some of which become effective on June 1, 2011, and some of which become effective on July 1, 2011. The changes that affect MVA operations include a requirement that MVA no longer renew either a driver's license or a vehicle registration (including transferring registration) unless the applicant has paid all undisputed taxes and unemployment contributions, or has reached a payment arrangement satisfactory to the collecting authority.
Effective on July 1, 2011, there will be an increase in the additional fee for specialty plates from $25 to $50 annually, an increase in the titling fee from $50 to $100 (though the fee for rental cars will remain at $50), a decrease in the amount of excise tax a dealer may retain to the lesser of $12 or 0.6% of gross excise tax collected (down from $24 or 1.2%), and an increase in the maximum processing charge a dealer may impose to $200 (from July 1, 2011 through June 30, 2014) and $300 (on or after July 1, 2014), up from $100.
Effective June 1, 2011 or July 1, 2011, as noted.
HB 125 – Vehicle Laws – Accidents Involving Self-Insured Vehicles – Required Information - This bill requires the driver of a self-insured vehicle involved in an accident to provide evidence of self-insurance in the form required by MVA. The bill also requires MVA to adopt regulations that establish the form and content of evidence of self-insurance, and that require maintenance of evidence of self-insurance in each covered vehicle. The form established by MVA regulation shall include: name, address, and self-insurance certificate number of the self-insurer; name, address, and telephone number of any third party administrator or adjuster; and vehicle identification number (VIN) of the vehicle.
Effective October 1, 2011.
SB 369 – Education – School Buses – Fire Safety Standards - This bill requires a school bus to be constructed of materials that meet the criteria of the school bus seat upholstery fire block test established by the National School Transportation specifications and procedures adopted at the most recent National Congress on School Transportation. The bill also requires MVA to work with the Department of Education to adopt regulations that promote fire safety standards of school buses. The bill specifies that it applies to school buses procured for use in this State on or after January 1, 2014.
Effective October 1, 2011.
HB 204 – Vehicle Laws – Commercial Motor Vehicles Engaged in Intrastate Commerce – Minimum Security Requirements - This bill extends the authority of the MVA to adopt regulations establishing specific minimum levels of required security for commercial vehicles to for-hire vehicles engaged in intrastate commerce that exceed a gross vehicle weight rating of 26,000 pounds and that are designed to carry property.
Effective January 1, 2012.