Home Table of Contents

§ 16-113. Issuance of restricted licenses

West's Annotated Code of MarylandTransportationEffective: October 1, 2017

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)
Effective: October 1, 2017
MD Code, Transportation, § 16-113
§ 16-113. Issuance of restricted licenses
Currentness
Authority of Administration to issue restricted licenses
(a)(1) In addition to the vision and other restrictions provided for in this subtitle, when it issues a driver's license, the Administration for good cause may impose on the licensee:
(i) Any restrictions suitable to the licensee's driving ability with respect to the type of special mechanical control devices required on motor vehicles that the licensee may drive;
(ii) An alcohol restriction which prohibits the licensee from driving or attempting to drive a motor vehicle while having alcohol in the licensee's blood; and
(iii) Any other restrictions applicable to the licensee that the Administration determines appropriate to assure the safe driving of a motor vehicle by the licensee.
(2) An alcohol restriction that prohibits the licensee from driving or attempting to drive a motor vehicle while having alcohol in the licensee's blood may, as described in subsections (b) and (g) of this section, include a restriction that prohibits the licensee from driving or attempting to drive a motor vehicle unless the licensee is a participant in the Ignition Interlock System Program established under § 16-404.1 of this title.
Restrictions relating to alcohol
(b)(1) Notwithstanding the licensee's driving record, the Administration shall impose on each licensee under the age of 21 years an alcohol restriction that prohibits the licensee from driving or attempting to drive a motor vehicle while having alcohol in the licensee's blood.
(2) An alcohol restriction imposed under this subsection expires when the licensee reaches the age of 21 years.
(3) This subsection may not be construed or applied to limit:
(i) The authority of the Administration to impose on a licensee an alcohol restriction described in subsection (a)(2) of this section; or
(ii) The application of any other provision of law that prohibits consumption of an alcoholic beverage by an individual under the age of 21 years.
(4) An individual under the age of 21 years who is convicted of a violation of § 21-902(a), (b), or (c) of this article may be required, for a period of not more than 3 years, to participate in the Ignition Interlock System Program in order to retain the individual's driver's license.
Restrictions set forth on license form and license
(c)(1) Subject to the provisions of paragraph (2) of this subsection, the Administration may:
(i) Issue a special restricted license; or
(ii) Set forth the restrictions on the usual license form.
(2) The Administration shall indicate on the license of a licensee under the age of 21 years that an alcohol restriction has been imposed on the licensee under subsection (b) of this section.
Restrictions relating to hours of operation
(d)(1) Notwithstanding the licensee's driving record, the Administration shall impose an hour restriction on a provisional driver's license issued to an applicant under the age of 18.
(2) The restriction under this subsection shall limit the holder of a provisional license to driving unsupervised only between the hours of 5 a.m. and 12 midnight.
(3) This subsection does not preclude the holder of a provisional license from driving between the hours of 12 midnight and 5 a.m. the following day if the licensee is:
(i) Accompanied and supervised by a licensed driver who is at least 21 years old;
(ii) Driving to or from or in the course of the licensee's employment;
(iii) Driving to or from a school class or official school activity;
(iv) Driving to or from an organized volunteer program; or
(v) Driving to or from an opportunity to participate in an athletic event or related training session.
(4) The hour restriction and the supervision requirement under this subsection expire on the date the holder of the provisional license turns 18 years of age.
Restrictions relating to seat belts and child safety seats
(d-1)(1) Notwithstanding the licensee's driving record, and subject to paragraph (2) of this subsection, the Administration shall impose a restriction on each provisional driver's license prohibiting the licensee from operating a motor vehicle if the driver and each passenger in the motor vehicle are not restrained by a seat belt or, in accordance with § 22-412.2 of this article, by a child safety seat.
(2) It is not a violation of the restriction under paragraph (1) of this subsection if an individual covered by a medical exception under § 22-412.2(f) or § 22-412.3(d) and (e) of this article is not restrained.
(3) The restrictions under paragraph (1) of this subsection expire on the date that the holder of a provisional license turns 18 years of age.
Temporary driver’s licenses
(e)(1) In addition to the other restrictions provided under this subtitle, the Administration may issue:
(i) A driver's license that is valid only in the State of Maryland to an applicant who has been suspended in another jurisdiction as a result of failing to comply with the financial responsibility requirements of that jurisdiction; or
(ii) A temporary driver's license that is valid only in the State of Maryland to an applicant for reinstatement of a suspended or revoked driver's license, renewal of a driver's license, or a duplicate or corrected driver's license if, at the time of application:
1. The applicant's privilege to drive in another jurisdiction is revoked or suspended as a result of failing to comply with the licensing requirements of that jurisdiction for which a comparable violation in this State would not have resulted in revocation or suspension;
2. The initial violation that led to the revocation or suspension did not occur within the preceding 5 years;
3. The applicant is otherwise qualified to be licensed in this State; and
4. The Administration determines that the applicant will be able to take any actions required by the other jurisdiction for reinstatement of the privilege to drive in that jurisdiction.
(2) A temporary license issued under paragraph (1) of this subsection shall be valid for 90 days.
(3) The Administration shall adopt regulations for the issuance of temporary licenses under paragraph (1) of this subsection.
Licensee request for hearing
(f) After receiving satisfactory evidence of any violation of a restricted or provisional driver's license, the Administration may suspend or revoke the license. However, the licensee may request a hearing as provided for a suspension or revocation under Subtitle 2 of this title.
Time period for restrictions relating to alcohol
(g)(1) The Administration shall impose an alcohol restriction under subsection (a)(1)(ii) of this section that prohibits an individual for a period of 3 years from driving or attempting to drive with alcohol in the individual's blood on any licensee who is convicted within 5 years of any combination of two or more violations under § 21-902(a), (b), or (c) of this article.
(2) If a circuit court or the District Court orders a licensee not to drive or attempt to drive a motor vehicle with alcohol in the licensee's blood or orders, under § 27-107 of this article, the licensee to participate in the Ignition Interlock System Program established under § 16-404.1 of this title, the Administration shall have the licensee's driving record and driver's license reflect that the court ordered restriction was imposed, and shall keep records of the order.
Violation of restrictions imposed on restricted license prohibited
(h) An individual may not drive a vehicle in any manner that violates any restriction imposed by the Administration in a restricted license issued to the individual.
Violation of restrictions imposed on provisional license prohibited
(i) An individual may not drive a vehicle in any manner that violates any restriction imposed in a provisional license issued to the individual.
Violation of alcohol related restrictions prohibited
(j) An individual may not drive or attempt to drive a motor vehicle with alcohol in the individual's blood in violation of a restriction.
Ignition interlock system restrictions
(k) A participant in the Ignition Interlock System Program under § 16-404.1 of this title may not drive or attempt to drive a vehicle that is not equipped with an ignition interlock system in violation of an ignition interlock system restriction on a license issued to the participant.
Fines and penalties
(l)(1) A person convicted of a violation of subsection (j) of this section is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.
(2) A person convicted of a violation of subsection (k) of this section is subject to:
(i) For a first offense, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and
(ii) For a second or subsequent offense, imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.

Credits

Added by Acts 1977, c. 14, § 2, eff. July 1, 1977. Amended by Acts 1978, c. 803; Acts 1980, c. 404, §§ 1, 2; Acts 1985, c. 404; Acts 1985, c. 584; Acts 1986, c. 369; Acts 1986, c. 472, § 1; Acts 1988, c. 254; Acts 1989, c. 438; Acts 1989, c. 551, §§ 1, 2; Acts 1991, c. 335; Acts 1993, c. 308; Acts 1996, c. 10, § 1, eff. April 9, 1996; Acts 1996, c. 394, § 1, eff. Oct. 1, 1996; Acts 1998, c. 483, § 1, eff. July 1, 1999; Acts 1999, c. 34, § 1, eff. April 13, 1999; Acts 2000, c. 385, § 1, eff. Oct. 1, 2000; Acts 2000, c. 629, § 1, eff. Oct. 1, 2000; Acts 2001, c. 6, § 1, eff. Oct. 1, 2001; Acts 2001, c. 456, § 1, eff. Oct. 1, 2001; Acts 2009, c. 497, § 1, eff. Oct. 1, 2009; Acts 2009, c. 498, § 1, eff. Oct. 1, 2009; Acts 2011, c. 556, § 2, eff. Oct. 1, 2011; Acts 2011, c. 557, § 2, eff. Oct. 1, 2011; Acts 2017, c. 55, § 1, eff. Oct. 1, 2017.
Formerly Art. 66 ½, § 6-113.
MD Code, Transportation, § 16-113, MD TRANS § 16-113
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document