2013 Maryland Code
TRANSPORTATION
§ 16-110 - Examination of applicants

§16-110.

(a) The Administration shall:

(1) Establish qualifications for the safe operation of the various classes, types, sizes, or combinations of vehicles; and

(2) Examine each applicant to determine the applicant’s qualifications for the license class applied for.

(b) Except as otherwise provided in this title, the Administration shall examine each applicant for an original driver’s license or for a class of driver’s license higher than that which the applicant currently holds.

(c) The examination shall include:

(1) A test of the applicant’s:

(i) Vision;

(ii) Ability to read and understand highway signs regulating, warning, and directing traffic; and

(iii) Knowledge of the traffic laws of this State and safe driving practices;

(2) A demonstration of the applicant’s ability to exercise reasonable control in driving a motor vehicle; and

(3) Any other additional physical or mental examination that the Administration considers necessary to determine an applicant’s fitness to drive a motor vehicle safely.

(d) If an applicant is qualified to take the required examinations for the license applied for, the applicant shall appear in person for examination at any one of the places in this State that the Administration has designated for this purpose.

(e) (1) For a required driver skills examination or driver road examination, each applicant shall provide a motor vehicle of a type appropriate to test the applicant’s ability to drive all vehicles that may be driven under the license class applied for.

(2) Except as provided in paragraphs (3) and (4) of this subsection, when the holder of a learner’s instructional permit appears for the driving test, the permit holder shall be accompanied by an individual qualified under § 16-105 of this subtitle to accompany the holder of a learner’s permit while driving on a highway. That individual shall have his driver’s license with him.

(3) The holder of a Class M (motorcycle) learner’s instructional permit may:

(i) Transport a motorcycle to the driving test by truck or other vehicle unaccompanied by another individual, if the permit holder is licensed to drive the truck or other vehicle; or

(ii) Be accompanied by a person transporting a motorcycle to the test by truck or other vehicle, if that person is licensed to drive the truck or other vehicle.

(4) The holder of a learner’s instructional permit may be driven to the examination station and to the starting point where the examiner begins the test by any individual authorized to drive the class of vehicle in which the test is being given. That individual shall have a valid driver’s license in the individual’s possession.

(f) If the applicant does not pass the examination for the license class applied for, the Administration may issue the applicant any license of a lower class for which the applicant qualifies.

(g) Except as provided in subsection (h) of this section, the Administration may waive any driver’s license examination provided for under this title if the applicant:

(1) Holds a valid driver’s license issued under this subtitle;

(2) Is applying for a Class M license and has successfully completed the Administration approved basic motorcycle safety course; or

(3) Holds a valid license from:

(i) Another state;

(ii) A territory or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico; or

(iii) A province or territory of Canada.

(h) The Administration may not waive a vision examination required under this section unless the applicant:

(1) Is applying for a corrected driver’s license under § 16-114.1 of this subtitle; and

(2) Has passed a vision examination acceptable to the Administration within the last 12 months.

§ 16-110 - 1. Vision requirements -- In general

(a) Vision standards for unrestricted license. -- For an unrestricted license, each applicant is required to have:

(1) Simultaneously:

(i) A minimum visual acuity of 20/40 in each eye; and

(ii) A continuous field of vision of at least 140 degrees; and

(2) Binocular vision.

(b) Restricted license -- Vision correctable to standards. -- If the applicant's vision can be corrected by glasses or contact lenses to meet the standards of this section, the Administration may issue the applicant a restricted license, endorsed "corrective lenses".

(c) Restricted license -- Peripheral vision -- In general. --

(1) The Administration may issue a restricted license to an applicant who has simultaneously:

(i) A visual acuity of at least 20/40 in one or both eyes; and

(ii) A continuous field of vision of at least 110 degrees and with at least 35 degrees lateral to the midline of each side.

(2) To qualify for a restricted license under this subsection, the Administration may require an applicant to submit a report of examination by a licensed ophthalmologist or optometrist for evaluation by the Administration or its Medical Advisory Board.

(3) A license issued under this subsection:

(i) Shall be endorsed "outside mirrors each side"; and

(ii) May be subject to additional restrictions imposed by the Administration, based on recommendations of the applicant's ophthalmologist or optometrist, or any other evaluation that the Administration determines appropriate.

(d) Restricted license -- Peripheral vision -- Noncommercial license. --

(1) The Administration may only issue a restricted noncommercial driver's license to an applicant who does not otherwise meet the vision standards under this section but who has simultaneously:

(i) A visual acuity of at least 20/70 in one or both eyes; and

(ii) A continuous field of vision of at least 110 degrees and with at least 35 degrees lateral to the midline of each side.

(2) To qualify for a restricted license under this subsection, the Administration may require an applicant to submit a report of examination by a licensed ophthalmologist or optometrist for evaluation by the Administration or its Medical Advisory Board.

(3) A license issued under this subsection:

(i) Shall be endorsed "outside mirrors each side"; and

(ii) May be subject to additional restrictions imposed by the Administration, based on recommendations of the applicant's ophthalmologist or optometrist, or any other evaluation that the Administration determines appropriate.

(e) Issuance of restricted license. -- If an applicant does not meet the vision standards under this subtitle, the Administration may issue a restricted license to the applicant subject to any restrictions the administration determines appropriate for public safety, including any restriction described in § 16-110.3 of this subtitle, if:

(1) The applicant is evaluated and recommended for approval by the Medical Advisory Board; and

(2) The applicant successfully completes a driver's training course required by the Administration.

(f) Vision correction surgery. -- An individual issued a restricted driver's license under this section who has had vision correction surgery resulting in the individual's meeting the requirements for an unrestricted license may:

(1) Apply to the Administration for a corrected license without the vision restriction; or

(2) Until the time of a license renewal or issuance of a corrected license, carry written certification from a licensed ophthalmologist or optometrist that the individual meets the vision requirements for an unrestricted license under this section.

§ 16-110 - 2. Vision requirements -- Bioptic telescopic lenses

(a) "Bioptic telescopic lens" defined. -- In this section, "bioptic telescopic lens" means a spectacle mounted telescopic/telescopics telescope placed at the top of a corrective vision lens and designed to increase visual acuity and aid in spotting distant objects at a glance.

(b) Noncommercial Class C licenses. -- Notwithstanding any other requirements under this subtitle, an applicant using bioptic telescopic lenses shall be eligible for a noncommercial Class C driver's license under this subtitle if the applicant:

(1) (i) Demonstrates a visual acuity of at least 20/100 in one or both eyes and a field of 150 degrees horizontal vision with or without corrective lenses; or

(ii) If the applicant has vision in one eye only, demonstrates a field of at least 100 degrees horizontal vision;

(2) Demonstrates a visual acuity of at least 20/70 in one or both eyes with the bioptic telescopic lenses and without the use of field expanders;

(3) Submits a report of examination by a licensed ophthalmologist or optometrist for evaluation by the Medical Advisory Board under § 16-118 of this subtitle; and

(4) Meets all the other requirements for licensure under this title.

(c) Learner's instructional permits. -- An applicant using bioptic telescopic lenses shall be eligible for a learner's instructional permit under § 16-103 of this subtitle if the applicant meets the requirements of subsection (b) of this section.

(d) Restricted license; "night blindness". --

(1) Except as provided in subsection (e) of this section, a license issued in compliance with this section authorizes the licensee to operate a motor vehicle only during the period beginning one-half hour after sunrise and ending one-half hour before sunset.

(2) If the applicant is eligible for a license under paragraph (1) of this subsection, the Administration shall issue to the applicant a restricted license endorsed "daylight driving only".

(e) Unrestricted license; hours of operation. -- A licensee under this section may operate a motor vehicle without any restriction regarding hours of operation if the licensee:

(1) Demonstrates a visual acuity of at least 20/40 in one or both eyes with the bioptic telescopic lenses and without the use of field expanders;

(2) Has been licensed under this section for at least one year; and

(3) Passes a skills test taken at night.

(f) Applicability of section. -- This section only applies to an applicant who:

(1) Is granted a license under this section on or before September 30, 1997; and

(2) Continues to qualify for a license under this section.

§ 16-110 - 3. Vision requirements -- Daylight driving only and outside mirrors each side restricted licenses

(a) Noncommercial Class C license authorized. -- The Administration may only issue a restricted Class C noncommercial driver's license to an applicant who does not otherwise meet the vision standards under § 16-110.1 of this subtitle but:

(1) Has simultaneously:

(i) A visual acuity of worse than 20/70, but no worse than 20/100, in one or both eyes as determined by the administration in consultation with the Medical Advisory Board; and

(ii) A continuous field of vision of at least 110 degrees and with at least 35 degrees lateral to the midline of each side; and

(2) Is recommended for consideration for licensure by the applicant's licensed ophthalmologist or optometrist in accordance with subsection (b) of this section and regulations of the Administration concerning limited vision licenses.

(b) Ophthalmologist or optometrist's recommendation. -- The ophthalmologist's or optometrist's recommendation for an applicant seeking a license under this section shall be based on the best standard spectacle or contact lens correction in the applicant's better eye.

(c) Medical Advisory Board review. --

(1) The Administration shall refer any application for a license under this section to the Medical Advisory Board appointed under § 16-118 of this subtitle for review.

(2) Unless the Medical Advisory Board determines that it can make a favorable recommendation to the Administration based on the record before it, the Board shall offer the applicant an opportunity to appear before the Board to present medical information pertinent to the Board's review.

(3) An applicant who chooses to appear before the Medical Advisory Board may be accompanied by the applicant's ophthalmologist or optometrist or by any other individual to assist the applicant in presenting pertinent medical information to the Board.

(4) An appearance before the Medical Advisory Board is not a matter subject to the contested case provisions under Title 10, Subtitle 2 of the State Government Article.

(d) Driver's training course. --

(1) An applicant seeking a license under this section shall successfully complete a driver's training course in accordance with regulations of the Administration.

(2) The required driver's training course:

(i) Shall consist of at least 20 hours; and

(ii) May vary based on an applicant's previous driving experience or the driver trainer's recommendation.

(3) If the ophthalmologist or optometrist recommends that the applicant use a bioptic telescopic lens while driving, the Administration may require additional driver's training using the bioptic telescopic lens.

(e) Restrictions on license. --

(1) A license granted under this section:

(i) Shall be endorsed "outside mirrors each side";

(ii) Subject to subsection (f) of this section, shall be endorsed "daylight driving only"; and

(iii) May be subject to additional restrictions imposed by the Administration, based on recommendations of the applicant's ophthalmologist or optometrist, or any other evaluation that the Administration determines appropriate.

(2) Restrictions that may be imposed under paragraph (1)(iii) of this subsection include:

(i) Type of highways where the licensee may drive;

(ii) Maximum speed limits under which driving is allowed;

(iii) Maximum driving distances; and

(iv) Other factors that the Administration determines appropriate.

(3) A license endorsed "daylight driving only" authorizes the licensee to operate a motor vehicle only during the period beginning one-half hour after sunrise and ending one-half hour before sunset.

(f) Elimination of daylight only restriction. --

(1) An individual licensed under this section may apply to eliminate the daylight only restriction if the individual:

(i) Has been licensed under this section for at least 1 year;

(ii) During the previous year, has not committed a traffic infraction or been involved in a traffic accident where the licensee was at fault;

(iii) Has passed a nighttime vision test prescribed by the Administration; and

(iv) Has received a driver's training certificate based on nighttime driving skills, from an entity that the Administration has determined is qualified to evaluate drivers under this section.

(2) Before the elimination of the daytime only restriction, an applicant who meets the requirements of paragraph (1) of this subsection shall pass a nighttime driving test administered by at least two Administration examiners.