§ 16-815. Classes of licenses; driving vehicles not authorized by license; additional endorsements

MD Transp Code § 16-815 (2019) (N/A)
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(a)    (1)    A Class A commercial driver’s license authorizes the licensee to drive the following motor vehicles and combinations of motor vehicles:

(i)    Any combination of vehicles with a gross combination weight rating of 26,001 or more pounds if the GVWR of the vehicles being towed is in excess of 10,000 pounds; and

(ii)    Any vehicle or combination of vehicles that a Class B commercial driver’s license authorizes its holder to drive.

(2)    An individual who is issued a Class A commercial driver’s license under this subsection may not drive or attempt to drive a motor vehicle on any highway in this State unless a Class A commercial driver’s license or an appropriately endorsed Class A commercial driver’s license authorizes the individual to drive a vehicle of the class that the individual is driving or attempting to drive.

(b)    (1)    A Class B commercial driver’s license authorizes the licensee to drive the following motor vehicles and combinations of motor vehicles:

(i)    Any single vehicle with a gross vehicle weight rating (GVWR) of 26,001 or more pounds;

(ii)    Any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR; and

(iii)    Any vehicle that a Class C commercial driver’s license authorizes its holder to drive.

(2)    An individual who is issued a Class B commercial driver’s license under this subsection may not drive or attempt to drive a motor vehicle on any highway in this State unless a Class B commercial driver’s license or an appropriately endorsed Class B commercial driver’s license authorizes the individual to drive a vehicle of the class that the individual is driving or attempting to drive.

(c)    (1)    A Class C commercial driver’s license authorizes the licensee to drive the following motor vehicles and combinations of motor vehicles:

(i)    Any single vehicle less than 26,001 pounds gross vehicle weight rating (GVWR);

(ii)    Any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR; and

(iii)    Any vehicle which a noncommercial Class C driver’s license authorizes its holder to drive, except for motorcycles.

(2)    An individual who is issued a Class C commercial driver’s license under this subsection may not drive or attempt to drive a motor vehicle on any highway in this State unless a Class C commercial driver’s license or an appropriately endorsed Class C commercial driver’s license authorizes the individual to drive a vehicle of the class that the individual is driving or attempting to drive.

(d)    (1)    A commercial driver’s instructional permit authorizes the holder to operate commercial motor vehicles of Class A, B, and C subject to the conditions of Subtitle 1 of this title.

(2)    An instructional permit is not a license within the meaning of the single license restriction placed upon drivers of commercial motor vehicles.

(e)    (1)    In addition to the requirements contained in subsections (a), (b), and (c) of this section, an operator must obtain State–issued endorsements of an operator’s commercial driver’s license to operate commercial motor vehicles which are:

(i)    Double/triple trailers;

(ii)    Vehicles designed to transport 16 or more passengers including the driver (passenger vehicles);

(iii)    School buses; or

(iv)    Tank vehicles.

(2)    A school bus endorsement authorized under this subsection is also an endorsement for vehicles designed to transport 16 or more passengers including the driver (passenger vehicles).

(f)    (1)    In addition to the requirements contained in subsections (a), (b), and (c) of this section, an operator must obtain a State–issued endorsement of an operator’s commercial driver’s license to operate a commercial motor vehicle that is required to be placarded for hazardous materials.

(2)    Before an operator can obtain a State–issued endorsement under this subsection, the operator shall apply to the Criminal Justice Information System Central Repository for a national and State criminal history records check.

(3)    The Administration may not issue a hazardous materials endorsement of a commercial driver’s license without the approval of the Transportation Security Administration of the federal Department of Homeland Security.

(4)    The Department of Public Safety and Correctional Services and the Director of the Criminal Justice Information System Central Repository, in consultation with the Administration, may adopt regulations to carry out this section.

(g)    (1)    In this subsection, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(2)    An operator requesting a State–issued endorsement under subsection (f) of this section shall apply to the Central Repository for a national and a State criminal history records check.

(3)    As part of the application for a criminal history records check, the operator shall submit to the Central Repository:

(i)    Two complete sets of the operator’s legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

(ii)    The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

(iii)    The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(4)    (i)    The Central Repository shall provide a receipt to the operator for the fees paid under paragraph (3)(ii) and (iii) of this subsection.

(ii)    The operator’s employer may pay the fees or reimburse the operator for the fees required under paragraph (3)(ii) and (iii) of this subsection.

(5)    (i)    In accordance with §§ 10–201 through 10–234 of the Criminal Procedure Article, the Central Repository shall forward to the operator and the Transportation Security Administration of the federal Department of Homeland Security, a printed statement of the operator’s criminal history record information.

(ii)    If criminal history record information is reported to the Central Repository after the date of the criminal history records check, the Central Repository shall provide to the Transportation Security Administration of the federal Department of Homeland Security and the operator a revised printed statement of the operator’s criminal history record information.

(6)    In accordance with regulations adopted by the Department of Public Safety and Correctional Services, the Administration shall verify periodically a list of operators of commercial motor vehicles that are required to be placarded for hazardous materials.

(7)    Information obtained from the Central Repository under this section shall be:

(i)    Confidential and may not be disseminated; and

(ii)    Used only for the purpose authorized by this section.

(8)    The subject of a criminal history records check under this subsection may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.

(h)    Except as provided in § 16–101 of this title, a person convicted of a violation of subsection (e) of this section is subject to:

(1)    For a first offense, imprisonment not exceeding 2 months or a fine not exceeding $500 or both;

(2)    For a second offense, imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both; and

(3)    For a third or subsequent offense, imprisonment not exceeding 1 year or a fine not exceeding $2,000 or both.