Monday, May 9, 2011

Review of 2010 Maryland MVA Legislation

DRIVER'S LICENSING BILLS

HB 93 – Motor Vehicle Administration - Identification Cards and Drivers' Licenses -  This departmental bill allows the MVA to increase the validity period of an ID card for 65 year-olds or older from five years to eight years. The bill also authorizes the waiver of a vision examination for an applicant who is applying for a corrected driver’s license and has passed an acceptable vision exam within the last year. Lastly, HB 93 removes an employer information question from the application for a driver’s license.
Effective: October 1, 2010
SB 321 - The Delegate John Arnick Electronic Communications Traffic Safety Act of 2010 - This bill prohibits fully licensed drivers from using their hands to access a cell phone other than to initiate or terminate a phone call at any time while their vehicle is in motion; the use of hands free technology is still permitted.  School bus drivers, provisional license holders, and learner’s permit holders are prohibited from using their hands to access a cell phone at any time, even to initiate and terminate a phone call.  These prohibitions do not apply to the emergency use of a handheld telephone, including calls to a 9-1-1 system. It is a secondary offense subject to a fine of $40 for a first offense, and $100 for a second or subsequent offense.
Effective: October 1, 2010
HB 934 -Vehicle Laws - Commercial Vehicles - Handheld Telephones Utilizing Push-to-Talk Technology - This bill allows a person driving a commercial vehicle to use handheld push-to-talk technology.
Effective: October 1, 2010
SB 624 - Vehicle Laws - Bicycles and Motor Scooters - Rules of the Road - The new law allows a person to ride from the sidewalk curb or edge of the roadway in or through a crosswalk to the opposite curb or edge. If there is no bike lane paved to a smooth surface, a person operating a bicycle or motor scooter may use the roadway or shoulder.
Effective: October 1, 2010
SB 51 - Vehicle Laws – Bicycles, EPAMDs, and Motor Scooters – Rules of the Road - This bill requires a driver to give a buffer of at least three feet when overtaking a bicycle, segway, or a motor scooter. It also requires a driver to yield the right-of-way to a person who is lawfully riding a bicycle, segway, or a motor scooter in a designated bicycle lane or shoulder if the vehicle driver is about to enter or cross the designated bicycle lane or shoulder.
Effective: October 1, 2010
Penalty Bills
HB 499 - Motor Vehicles - Approaching Emergency Vehicles and Personnel - The bill requires a driver to change lanes away from an emergency vehicle if the driver is approaching it from the rear. The emergency vehicle must be using its visual signals and must be parked or stopped. If the lane change is not possible, the driver must reduce speed to a reasonable and prudent speed that ensures the safety of emergency services personnel. A violation of this provision is a misdemeanor subject to a maximum fine of $500.
Effective: October 1, 2010
SB 189 - Victims' Rights - Fatal Vehicular Accident - Suspension of License - This bill allows the MVA to suspend up to six month the license of a driver convicted of a moving violation that contributed to a traffic fatality. It authorizes the victim's representative to be notified of a license suspension hearing held as a result of the moving violation, and the right to give an oral or written statement at the hearing.
Effective: October 1, 2010
SB 560 – Vehicle Laws - Traffic Citations - Option to Request Trial - This bill alters how a person answers a traffic citation for a non-incarcerable offense. It requires the citation to contain a notice that a person must, within 30 days after receipt of the citation, either pay the full amount of the preset fine or make a request for a trial or hearing.  The citation is also a notice that failure to take one of the above-mentioned actions as required means that the Motor Vehicle Administration (MVA) will be notified to suspend the person's driver's license.
Effective: October 1, 2010
HB 1025 - Baltimore City - Sale of Motor Fuel for Dirt Bikes - Prohibition - This bill prohibits a person from dispensing motor fuel into a dirt bike from a service station fuel pump in Baltimore City and requires these service stations to post a sign stating the bill's prohibition. A court that convicts a person must notify MVA of the conviction, which may suspend the person’s driver's license.
Effective: October 1, 2010
Vehicle Laws
HB 469 – Motor Vehicle Excise Tax-Tax Credit for Electric Vehicles - The bill creates a tax exemption up to $2000 for qualified plug-in electric vehicles. The credit is limited to one vehicle per individual and 10 vehicles per business entity. The credit is available for qualified vehicles titled on or after October 1, 2010, and sunsets June 30, 2013.
Effective: October 1, 2010
HB 825 - Vehicle Laws - Required Security - Minimum Amounts - It raises the minimum liability amounts of auto insurance for claims of bodily injury or death arising from a motor vehicle accident from $20,000 to $30,000 for one person and from $40,000 to $60,000 for two or more persons.
Effective: January 1, 2011
HB 1199 - Motor Vehicles - Salvage - Standards and Requirements - This bill requires all vehicles that are acquired by an insurance company as a result of a total loss claim settlement to be branded as salvage regardless of the percentage damage to the vehicle (with the sole exception being recovered stolen vehicles with less than 75% damage).  The bill also requires the Motor Vehicle Administration in conjunction with the Maryland State Police and other interested parties to write regulations exclude certain cosmetic damage to the vehicle from the 75% damage threshold.
Effective: October 1, 2010
SB 67 - Vehicle Laws - Issuance of Temporary Registration Plates by Dealers - Transmission of Information and Record Keeping - This bill requires car dealers to transmit vehicle and registration information electronically to the MVA on the same day that they issue a 60-day temporary registration and to keep temporary registration plate records for three years instead of permanently.
Effective: October 1, 2010
SB 85 - Vehicle Laws - Electronic Transmission of Title Information by Dealers - This departmental bill changes the law to allow the MVA to accept the electronic submission of paperwork by auto dealers the same as it does the hardcopy versions. The paperwork pertains to the completed applications for certificated of titles that auto dealers submit to the MVA on monthly basis.
Effective: October 1, 2010
SB 466 - Vehicle Laws - Off-Highway Recreational Vehicles - Titling - This emergency bill creates a definition for an Off-Highway Recreational Vehicles (OHRV), commonly known as an ATV or snowmobile, and requires them to be titled. Therefore, an excise tax is imposed on OHRVs that are purchased on or after October 1, 2010. The tax is calculated by using the fair market value or $320, whichever is greater. The application for the certificate of title must transmitted electronically, so the bill only applies to OHRVs purchased at dealerships and title service agents that are electronically linked with the MVA.
Emergency Bill
Miscellaneous Bills
HB 674 – High Occupancy Vehicle (HOV) lanes – use by Plug-in Vehicles - This bill allows plug-in vehicles to travel on High Occupancy Vehicle (HOV) lanes, regardless of the number of occupants in the vehicle. It allows the MVA to charge a fee up to $20 for issuing HOV-lane permits to plug-in vehicle owners. The Maryland State Highway Administration may limit the number of permits issued to ensure that HOV lanes are not degraded by overuse. The proposal terminates on September 30, 2013.
Effective: October 1, 2010
SB 344 - Motor Vehicles - Limited Speed Vehicles - Requirements and Prohibitions - This bill limits vehicles with the maximum speed capability of between 25 and 55 mph to be driven on highways where the speed limit is at least five miles per hour less than the vehicle’s maximum speed.  An auto dealer must inform the buyer of the limitations and must be sold with an emblem designating it as a "limited speed vehicle."
Effective: October 1, 2010

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