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§ 16-117. Recordkeeping requirements

West's Annotated Code of MarylandTransportation

West's Annotated Code of Maryland
Transportation
Title 16. Vehicle Laws--Drivers' Licenses (Refs & Annos)
Subtitle 1. Issuance, Expiration, and Renewal of Licenses (Refs & Annos)
MD Code, Transportation, § 16-117
§ 16-117. Recordkeeping requirements
Currentness
Record of license applications and driver’s licenses
(a) The Administration shall keep a record of:
(1) Each driver's license application that it receives;
(2) Each driver's license that it issues; and
(3) Each licensee whose license to drive the Administration has suspended or revoked, and the reasons for the action.
Accident reports, court records, and convictions
(b)(1) The Administration shall file each accident report and abstract of court disposition records that it receives under the laws of this State.
(2)(i) The Administration shall keep convenient records or make suitable notations showing the convictions or traffic accidents in which each licensee has been involved and every probation before judgment disposition of any violation of the Maryland Vehicle Law.1 A record or notation of a probation before judgment disposition, or a first offense of driving with an alcohol concentration of 0.08 or more under § 16-205.1 of this title, shall be segregated by the Administration and shall be available only to:
1. The Administration;
2. Other driver licensing authorities;
3. The United States Secretary of Transportation;
4. Current and prospective employers, as defined in § 16-803(e) of this title, of drivers required to hold commercial drivers' licenses;
5. The courts;
6. Criminal justice agencies; and
7. The defendant or the defendant's attorney.
(ii) However, a record or notation of a probation before judgment, or a first offense of driving with an alcohol concentration of 0.08 or more under § 16-205.1 of this title, may not be received or considered by the courts until a plea of guilty or nolo contendere is made by the defendant or a finding of guilty is made by the court.
(3) These records or notations shall be made so that they are readily available for consideration by the Administration of any license renewal application and at any other suitable time.
(4) Accident reports and abstracts of court convictions pertaining to driving an emergency vehicle, if received by a person who was driving an emergency vehicle pursuant to the provisions of § 21-106 of this article, shall be segregated by the Administration and shall be available only to the Administration.
(5) Except as provided in this section, an employee of the Administration may not disclose any records or information regarding probation before judgment, or a first offense of driving with an alcohol concentration of 0.08 or more under § 16-205.1 of this title.
Records of dismissed charges
(c) If a charge of a Maryland Vehicle Law violation against any individual is dismissed by a court of competent jurisdiction, a record of the charge and dismissal may not be included in the individual's driving record.

Credits

Added by Acts 1977, c. 14, § 2, eff. July 1, 1977. Amended by Acts 1980, c. 682; Acts 1981, c. 245; Acts 1989, c. 284; Acts 1998, c. 505, § 1, eff. Oct. 1, 1998; Acts 1999, c. 647, § 1, eff. Oct. 1, 1999; Acts 2001, c. 4, § 1, eff. Sept. 30, 2001; Acts 2001, c. 5, § 1, eff. Sept. 30, 2001; Acts 2005, c. 25, § 12, eff. April 12, 2005; Acts 2005, c. 167, § 1, eff. Sept. 30, 2005.
Formerly Art. 66 ½, §§ 6-111, 6-117.

Footnotes

1
Transportation, § 11-101 et seq.
MD Code, Transportation, § 16-117, MD TRANS § 16-117
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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