2013 Maryland Code
TRANSPORTATION
§ 16-111 - Provisional license


MD Transp Code § 16-111 (2013) What's This?

§16-111.

(a) This section applies to an applicant who:

(1) Holds a learner’s instructional permit under § 16-105(d) of this subtitle; or

(2) Qualifies for a provisional license under subsection (e) of this section.

(b) An applicant is entitled to receive a provisional license if the applicant:

(1) Meets the minimum age required under § 16-103(c)(2) of this subtitle;

(2) Satisfies the learner’s instructional permit requirements under § 16-105(d)(2), (3), or (4) of this subtitle;

(3) Passes a driver skills or driver road examination administered under this subtitle;

(4) Surrenders any learner’s instructional permit issued to the applicant; and

(5) Pays the fee established under this subtitle.

(c) A provisional license shall be clearly identifiable as a provisional license.

(d) (1) An individual who holds a provisional license may not receive a license sooner than 18 months following the later of:

(i) The date the individual first obtains the provisional license;

(ii) The date the individual is convicted of, or granted probation before judgment under § 6-220 of the Criminal Procedure Article for:

1. A moving violation; or

2. A violation of a provisional driver’s license restriction under § 16-113(i) of this subtitle; or

(iii) The date of restoration of an individual’s provisional driver’s license or driving privilege that has been suspended, revoked, or canceled for any reason.

(2) Notwithstanding any other provision of this subtitle, the Administration may issue a license to an individual who was otherwise eligible to receive a license at the time a moving violation was committed.

(e) (1) Notwithstanding subsection (d) of this section or any other provision of this subtitle, the Administration may issue a provisional license to an individual who has been licensed to drive in another state or country, or by the armed forces of the United States for less than 18 months.

(2) If an individual has been licensed for:

(i) Less than 6 months, the individual shall hold the provisional license for at least 18 months before being eligible for a license under § 16-111.1 of this subtitle;

(ii) 6 months, but less than 12 months, the individual shall hold the provisional license for at least 12 months before being eligible for a license under § 16-111.1 of this subtitle as long as the individual has not committed an offense as defined in § 16-213(a) of this title during that period; or

(iii) 12 months, but less than 18 months, the individual shall hold the provisional license for at least 6 months before being eligible for a license under § 16-111.1 of this subtitle as long as the individual has not committed an offense as defined in § 16-213(a) of this title during that period.

(3) An individual who commits an offense as defined in § 16-213(a) of this title while holding a provisional license issued under this subsection is subject to:

(i) The waiting periods under subsection (d)(1)(ii) of this section before qualifying for a license under § 16-111.1 of this subtitle; and

(ii) Other sanctions applicable to a holder of a provisional license under this article.

(4) Notwithstanding § 16-103(c)(3) of this subtitle, the Administration may issue a license under § 16-111.1 of this subtitle without issuing a learner’s instructional permit or a provisional license if the individual has been licensed to drive in another state or country, or by the armed forces of the United States, for at least 18 months.

(f) A provisional license is subject to the expiration and renewal requirements of § 16-115 of this subtitle.

§ 16-111 - 1. Issuance of license

(a) When applicant entitled to receive. -- An applicant is entitled to receive the driver's license applied for if the applicant:

(1) Passes the examination provided for in this subtitle;

(2) Surrenders the last learner's instructional permit issued to him, if any; and

(3) Pays the fees provided for by this subtitle.

(b) Requirements. --

(1) This subsection applies to an applicant who holds a provisional license under § 16-111 of this subtitle.

(2) An applicant is entitled to receive a license if the applicant:

(i) Meets the minimum age required under § 16-103(c)(3) of this subtitle;

(ii) Satisfies the provisional license requirements under § 16-111(d) or (e) of this subtitle;

(iii) Surrenders any provisional license issued to the applicant; and

(iv) Pays the fee established under this subtitle.

(c) License to be identified and numbered. --

(1) Each license issued by the Administration shall be identified clearly as to its specific class. A Class M license may be issued in combination with any one of the other classes.

(2) The Administration shall assign an identifying number to each license it issues.

(3) The Administration may not use, include, or encode, in any form, an individual's Social Security number on the individual's driver's license.

(d) Form and contents of license. --

(1) Subject to paragraph (2) of this subsection, each noncommercial Class A, B, C, or M license issued by the Administration shall be of the size, design, and content that the Administration specifies.

(2) A noncommercial Class A, B, C, or M license shall include:

(i) The name and residence address of the licensee;

(ii) The date of birth of the licensee;

(iii) A description of the licensee, which shall include the height, weight, and sex of the licensee;

(iv) A color photograph of the applicant that is taken in accordance with a procedure that the Administration requires;

(v) The type or class of vehicles that the license authorizes the licensee to drive;

(vi) The signature and seal of the issuing agent; and

(vii) A space for the signature of the licensee.

(e) Signature; effect of license. --

(1) A license is not valid unless the licensee signs the license in the licensee's usual signature.

(2) When issued and signed, a driver's license authorizes the licensee to drive any vehicle of the type or class specified on it, subject to any restrictions endorsed on the license.

(f) Only one license per person; surrender of out-of-State license. --

(1) Only one current driver's license may be issued by the Administration to and held by any individual at any one time.

(2) Before issuing a license, the Administration shall require the applicant to surrender any license issued to the applicant by any other jurisdiction.

§ 16-111 - 2. Fees

(a) Fee for issuance of new license; missed appointment fee. --

(1) When an applicant applies for an initial driver's license or for a class of driver's license other than that which the applicant currently holds, the applicant shall pay the Administration a license fee established by the Administration. This fee covers issuance of a learner's instructional permit and, if the applicant qualifies before the learner's instructional permit expires, issuance of a driver's license or provisional license.

(2) If a learner's instructional permit is not required, the applicant shall pay the Administration, when the driver's license is issued, a license fee established by the Administration.

(3) If an appointment to take a driver's license examination made by the applicant is not kept, the Administration may charge the applicant a missed appointment fee established by the Administration.

(b) Fee for renewal of license. --

(1) Except as provided in paragraph (2) of this subsection, for the renewal of a noncommercial Class A, B, C, D, E, or M driver's license, a licensee shall pay the Administration a renewal fee established by the Administration.

(2) The Administration may not charge a licensee who is a recipient of the Medal of Honor a fee for the renewal of the licensee's noncommercial Class A, B, C, D, E, or M driver's license.

(c) Fee for duplicate license. -- For issuance of a duplicate or corrected noncommercial Class A, B, C, D, E, or M driver's license, a licensee shall pay the Administration a duplicate or corrected driver's license fee established by the Administration.

(d) Fees for conversion of a provisional license. -- For conversion of a provisional license to a driver's license issued under § 16-111.1 of this subtitle, a licensee shall pay the Administration a fee established by the Administration.

(e) Fee for noncommercial licenses. -- A licensee shall pay a fee established by the Administration if the license is issued or renewed under § 16-104.1 of this subtitle.

(f) Contribution. --

(1) Whenever an applicant or licensee pays a fee required under subsection (a)(1) or (2) or (b) of this section, the Administration shall offer the individual the option to make a voluntary contribution of $ 1 to the Organ and Tissue Donation Awareness Fund established under Title 13, Subtitle 9 of the Health - General Article.

(2) All moneys collected under this subsection shall be paid to the Comptroller of the State and deposited into the Organ and Tissue Donation Awareness Fund established under Title 13, Subtitle 9 of the Health - General Article.

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