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 2008 Legislation

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Drunk Driving and other Penalty Bills
Driver Licensing Bills
Vehicle Services Bills
Miscellaneous Bills

Drunk Driving and other Penalty Bills

Motor Vehicle Administration – Commercial Drivers’ Licenses - HB 0478 - This departmental bill alters several sections of Maryland Vehicle Law as they relate to commercial drivers’ licenses and commercial vehicles.  The bill brings Maryland into compliance with an audit by the Federal Motor Carrier Safety Administration as required under the federal Motor Carrier Safety Improvement Act and protects both $34 million in highway funding and the ability of the State to issue commercial drivers’ licenses. 

Among the changes are enhancements to penalties for drug and alcohol related offenses as well as updates and enhances regulatory oversight.  Specifically, the bill narrows one of the definitions of a commercial motor vehicle, prohibits the MVA from expunging any commercial driver license’s driving record, creates new grounds for disqualifications from driving a commercial vehicle (including drug and alcohol offenses), alters the procedures for restoration of a disqualified license, as well as others.

Effective: October 1, 2008

Vehicle Laws - Failure to Yield Right-of-Way - Penalties for Death or Serious Bodily Injury - SB 0712/HB 1231 - This bill establishes penalties against individuals convicted of failure to yield the right of way if the violation contributes to a crash that results in a serious bodily injury or death.  If the violation matches these conditions, the violator is subject to a $1,000 and a 180-day driver’s license suspension.  A driver suspended under this provision may request a hearing on the suspension.

Effective July 1, 2008

 

Driver Licensing Bills

Vehicle Laws – Moving Violations by Minors – Notification of Parent or Guardian  - HB 0511/SB 0460 - This bill alters Maryland Vehicle Law to require the MVA to notify the cosigner of a minor’s driver’s license if the minor receives a citation for any traffic violation.  Current Maryland law limits this notification to speeding violations of at least 20 miles per hour over the maximum speed.  The bill also states that the provisions under the bill are only prospective and can only be applied to citations issued after the effective date.

Effective: October 1, 2008

 

Vehicle Laws - Learner's Instructional Permits - HB 1426 - This departmental bill extends the validity period of a learner’s permit from one to two years, and repeals the exception allowing a 15-year-old to drive without a learner’s permit while under supervision of a certified driving instruction.

Effective: October 1, 2008

 

Vehicle Services Bills

Motor Vehicle Excise Tax – Exemption for Returning Military Members - HB 0669/SB 0300 - This departmental bill extends the current vehicle excise tax credit to members of the military returning to, or on, active duty who apply to title and register a vehicle in Maryland from another state.  These individuals have one year to apply for registration and titling and receive the tax credit.  Current law allows for new residents 60 days or less and new member of the military on active duty 1 year or less a tax credit on vehicles previously titled and registered out of state.

Effective: October 1, 2008

 

All-Terrain Vehicle Safety Task Force - HB 0114 - This bill establishes an All-Terrain Vehicle Safety Task Force, which is tasked to identify and study many issues related to ATV safety including methods of tracking ATV ownership in Maryland, appropriate safety equipment, appropriate locations for ATV use; training for ATV owners; as well as any other issued deemed appropriate.  Among the members of the task force is the Secretary of the Department of Transportation or his designee.  The task force must submit an interim report to the Governor and General Assembly by December 15, 2008, and a final report by May 31, 2009.

Effective: June 1, 2008

 

Vehicle Laws - Motorcycles – Definition -HB 0221- This bill alters the definition of motorcycle so it more closely conforms to the Federal National Highway Traffic Safety Administration (NHTSA) standards.  This new definition is broader than the current one, allowing new vehicles classified under NHTSA safety standards as motorcycles to be registered as Class D (motorcycles) vehicle in Maryland and driven on Maryland roadways.  The bill is an emergency measure.

 Effective: Immediately

 

Task Force to Study Motor Vehicle Towing Practices- HB 0684 - This bill creates the Task Force to Study Motor Vehicle Towing Practices, which is tasked to study state and local laws governing towing practices, including storage and disposal of vehicles; the feasibility including a cost-benefit analysis of State licensure or registration for the towing industry; issues related to notice given by private property owners to a motor vehicle owner before towing and notice given by police departments or private towers to the vehicle owner, secured party, or the insurer of an abandoned vehicle in police custody; as well as other issues and any others considered relevant to towing practices in Maryland.   The Motor Vehicle Administrator shall also designate an individual to represent the MVA on the task force and the MVA will provide staffing.  The bill also requires the task force to provide a report and recommendations to the Governor and General Assembly by December 31, 2008.

Effective: June 1, 2008

 

Vehicle Laws - Automotive Dismantlers and Recyclers and Scrap Processors - Notice of Vehicle Acquisition - HB 0717/SB 0274 - This bill alters Maryland Vehicle Law to require automotive dismantlers, recyclers, and scrap processors to electronically notify the MVA or its designee within 30 days after acquiring the title to a vehicle.  The bill also allows dismantlers, recyclers, and scrap processors immediately giving the required notice to dispose of the vehicle for dismantling or scrapping, and exempts vehicles acquired through a salvage certificate issued by the MVA.

Effective: June 1, 2008

 

Vehicle Laws - Registration Plates – Motorcycles - HB 0844 - This bill reduces and codifies the size of class D (motorcycle) license plates from 8.5 inches wide by 4.5 inches high to 4 inches wide by 7 inches high.

Effective: October 1, 2008

 

Motor Vehicle Administration - Required Security - Suspension of Registration for Violation - HB 0974 - This departmental bill requires that the MVA automatically suspend a vehicle’s registration with lapsed security, or insurance, 60 days after notification of the lapse.

Effective: October 1, 2008

 

Vehicle Laws - Gold Star Registration Plates - HB 1425 - The bill establishes a special license plate available only to a recipient of the U.S. Department of Defense Gold Star.  The Gold Star indicates status as a surviving spouse, parent, or next of kin, of a member of the armed forces killed in combat.

Effective: July 1, 2008

 

Motor Vehicle Excise Tax - Leased Vehicles - Application of Trade-In Value - HB 1570/SB 0924 - This bill allows individuals trading in a non-lease vehicle as part of a lease agreement of at least 180 days to apply the value of the traded vehicle against the motor vehicle excise tax.  The allowance is retroactive to applicable lease agreements entered into on or after January 1, 2008, and the bill requires the MVA to notify any person due a rebate from any lease entered into on or after January 1, 2008 through the effective date.  The bill is an emergency measure.

Effective: Immediately

 

Motor Vehicles - Certificates of Title and Salvage Certificates - SB 568/HB 1176This bill requires the MVA to issue a certificate of title to a vehicle owner that contains a conspicuous notation that the vehicle is “rebuilt salvage” if the salvage certificate accompanying the owner’s application for a certificate of title bears a notation that the damage to the vehicle is 75% or more than the Fair Market Value (FMV) and the vehicle is repairable; the vehicle is non-repairable and can be used for parts only; the damage to the vehicle is 75% or more than the FMV and the damage to the vehicle is cosmetic only; the vehicle has been stolen; and the vehicle has sustained damages as a result of flood.

Effective: October 1, 2008

 

Miscellaneous Bills

Vehicle Laws - Medical Advisory Board - Use of Confidential Records and Reports - HB 0766/SB 0578 - This bill allows the MVA to utilize information from Medical Advisory Board records to conduct driver safety research, either unilaterally or in collaboration with third-part medical research entities, under the condition that no personal information is disclosed.

Effective: October 1, 2008

 

Maryland Anatomical Gift Donor Registry - HB 0906/SB 0766 This bill requires the creation of a organ donor registry by the Secretary of Health and Mental Hygiene using funds from the Organ and Tissue Donor Awareness Fund, or any other appropriate fund.  It also requires the MVA to cooperate with the qualified nonprofit entity contracted with Department of Health and Mental Hygiene to create and maintain the donor registry.  The MVA must transfer all relevant information regarding a donor’s anatomical gift status.

Effective: October 1, 2008

 

Courts - Service of Process - Motor Vehicle Administration as Agent for Nonresident Driver - SB 0413/HB 736 - This bill designates the MVA as the agent for a nonresident driver with regard to service of process regarding a legal action related to an accident or collision involving a vehicle driving by the nonresident.  The bill establishes when service on a nonresident is sufficient and allows the MVA to collect a fee to recover costs associated with this process.  The bill also requires the MVA to submit an annual report containing specific information to the General Assembly.  The bill is prospective and only applies to cases filed on or after the effective date.

Effective: October 1, 2008