§ 25-111. Safety inspections; rules adoption
West's Annotated Code of MarylandTransportationEffective: October 1, 2017
Effective: October 1, 2017
MD Code, Transportation, § 25-111
§ 25-111. Safety inspections; rules adoption
(7) “Natural or man-made emergency” means a hurricane, a tornado, a thunderstorm, a snowstorm, an ice storm, a blizzard, a flood, wind-driven water, a tidal wave, a tsunami, an earthquake, a volcanic eruption, a mud slide, a drought, a forest fire, an explosion, an electricity blackout, or any other similar occurrence.
(b)(1) Upon direction by a police officer or by an electronic signal to vehicles equipped with a CVISN transponder, the driver of any vehicle that is subject to any regulation adopted under this section shall stop and submit to an inspection:
(2) A police officer who is certified by the Department of State Police to perform an inspection authorized under this section, a Public Service Commission inspector, or a hazardous materials inspector may conduct a safety inspection of the vehicle that is subject to a regulation adopted under this section or § 22-409 of this article.
(c) The operation of a vehicle on any highway in this State constitutes the consent of the driver and the owner of the vehicle to the inspection provided for in this section.
(d)(1) The driver of a vehicle shall obey every sign and every direction of a police officer or an electronic signal to a CVISN transponder to stop the vehicle and submit to the required inspection.
(2) If a driver fails or refuses to comply with the direction of a police officer or an electronic signal to a CVISN transponder to submit a vehicle to the required inspection, the police officer shall have the authority to take the vehicle and its load into temporary custody for the purpose of inspecting the vehicle, load, its equipment, or documents.
(4) In addition to any fine or penalty attributable to the inspection, or other offense, the driver is responsible for any additional costs incurred in inspecting the vehicle and its load because of the driver's failure or refusal to comply with the direction of a police officer or an electronic signal to a CVISN transponder.
(e) A sign used to direct vehicles under this section may be displayed only by a police officer who is assigned to enforce this section.
Vehicles exceeding gross weight rating of 10,000 pounds, transporting hazardous materials, or transporting 16 or more passengers
(f)(1) Except as provided in subsection (i) of this section, the Administration may adopt regulations as are necessary for the safe operation of vehicles that:
1. 49 C.F.R., Part 40 (“Procedures for Transportation Workplace Drug and Alcohol Testing Programs”) and Part 382 (“Controlled Substances and Alcohol Use and Testing”), with respect to drug and alcohol testing regulations applicable to drivers required by regulation to possess a commercial driver's license;
(g) Any motor carrier or driver operating a vehicle that is subject to the regulations adopted under this section shall, at all times when operating the vehicle on a highway in this State, comply with the regulations adopted under this section.
(h)(1) During normal business hours, a police officer, a hazardous materials inspector, or a Public Service Commission inspector may enter the premises and inspect equipment and review and copy records of motor carriers subject to the regulations adopted under § 22-409 or § 23-302 of this article, Federal Motor Carrier Safety Regulations, Federal Hazardous Materials Regulations, or Public Service Commission laws and regulations.
(2) During normal business hours, trained personnel from the Commercial Vehicle Enforcement Division of the Department of State Police may enter the premises and inspect, review, and copy records of motor carriers subject to the regulations adopted under this section, § 22-409 of this article, or § 23-302 of this article, including:
(i)(1) Except as provided for in paragraph (2) of this subsection, regulations adopted under this section for intrastate motor carrier transportation may not:
1. On October 1, 2003, was otherwise qualified to operate and operated a vehicle or vehicle combination used in intrastate commerce with a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more and, after October 1, 2003, remained qualified to operate and continued to operate such a vehicle;
(j)(1) Notwithstanding the provisions of § 14-107 of the Public Safety Article, the Governor may delegate the power to declare a transportation emergency to the Secretary or the Secretary's designee.
(ii) 1. During the time in which a transportation emergency declared under this subsection exists, the Secretary or the Secretary's designee may waive all or part of the Federal Motor Carrier Safety Regulations contained in 49 C.F.R. Parts 390-399 that have been adopted for intrastate motor carrier transportation under this section if the Secretary or the Secretary's designee reasonably expects that the waiver will facilitate emergency relief efforts.
(k) For the purposes of subsection (i) of this section, the Administration shall adopt regulations requiring physical examinations for intrastate commercial motor vehicle drivers.
Credits
Added by Acts 1982, c. 822. Amended by Acts 1983, c. 8; Acts 1984, c. 283; Acts 1984, c. 742; Acts 1986, c. 865; Acts 1987, c. 11, § 1; Acts 1987, c. 306, § 3; Acts 1987, c. 515, § 2; Acts 1988, c. 720; Acts 1989, c. 5, § 1; Acts 1989, c. 768, § 1; Acts 1991, c. 396; Acts 1991, c. 460, § 2; Acts 1992, c. 22, § 1; Acts 1992, c. 126; Acts 1993, c. 7; Acts 1993, c. 157; Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 1994, c. 165, § 3, eff. July 1, 1994; Acts 1994, c. 166, § 3, eff. July 1, 1994; Acts 1994, c. 520, § 1, eff. Oct. 1, 1994; Acts 1994, c. 577, § 1, eff. July 1, 1994; Acts 1995, c. 3, § 2, eff. March 7, 1995; Acts 1995, c. 308, § 1, eff. Oct. 1, 1995; Acts 1999, c. 16, § 1, eff. Oct. 1, 1999; Acts 1999, c. 19, § 1, eff. Oct. 1, 1999; Acts 2000, c. 61, § 1, eff. April 25, 2000; Acts 2000, c. 126, § 1, eff. Oct. 1, 2000; Acts 2003, c. 9, § 1, eff. Oct. 1, 2003; Acts 2003, c. 17, § 1, eff. Oct. 1, 2003; Acts 2003, c. 21, § 1, eff. April 8, 2003; Acts 2003, c. 268, § 1, eff. Oct. 1, 2003; Acts 2005, c. 25, § 13, eff. April 12, 2005; Acts 2005, c. 263, § 1, eff. Oct. 1, 2005; Acts 2008, c. 36, § 6, eff. April 8, 2008; Acts 2009, c. 60, § 1, eff. April 14, 2009; Acts 2012, c. 66, § 6 eff. April 10, 2012; Acts 2012, c. 126, § 1, eff. Oct. 1, 2012; Acts 2014, c. 14, § 1, eff. Oct. 1, 2014; Acts 2015, c. 22, § 1, eff. April 14, 2015; Acts 2016, c. 256, § 1, eff. Oct. 1, 2016; Acts 2017, c. 55, § 1, eff. Oct. 1, 2017.
MD Code, Transportation, § 25-111, MD TRANS § 25-111
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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