2017 Maryland Code
Transportation
Title 16 - Vehicle Laws -- Drivers' Licenses
Subtitle 8 - Maryland Commercial Driver's License Act
§ 16-807. License requirement; tests; eligibility for licenses; instructional permits

  • (a) License required. --
    • (1) Except when driving under a commercial driver's instructional permit and accompanied by the holder of a driver's license valid for the class of vehicle being driven, an individual may not drive a commercial motor vehicle unless the individual:
      • (i) Has been issued a commercial driver's license that:
        • 1. Is valid for the class of vehicle being operated; and
        • 2. Has the proper endorsements for the specific vehicle or vehicle combination being operated or for the passengers or type of cargo being transported; and
      • (ii) Is in immediate possession of a driver's license valid for the class of vehicle being driven.
    • (2) It shall be a valid defense to a charge of violating paragraph (1)(ii) of this subsection for the driver to provide a certified record either from the Administration or from the licensing authority of the driver's home state showing that the driver held a valid commercial driver's license on the date of the violation.
  • (b) Tests. --
    • (1) Except as provided in § 16-807.1 of this subtitle, an individual may not be issued a commercial driver's license until the individual has passed the knowledge and skill tests for driving a commercial motor vehicle which complies with the minimum federal standards established by the federal Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570), and has satisfied all other requirements of that act as well as any other requirements of this title.
    • (2) The tests shall be prescribed and conducted at the direction of the Administration.
    • (3) The Administration shall adopt regulations to waive the skill test required under paragraph (1) of this subsection in a manner consistent with 49 C.F.R. § 383.77.
  • (c) Persons eligible for licenses. -- A commercial driver's license may be issued only to:
    • (1) An individual who drives or will drive a commercial motor vehicle and who is a resident of this State; and
    • (2) Those nonresidents who may qualify under § 16-817 of this subtitle.
  • (d) Persons ineligible for licenses. -- A commercial driver's license may not be issued to an individual:
    • (1) While the individual is disqualified from driving a commercial motor vehicle;
    • (2) While the individual's driver's license is suspended, revoked, or canceled in this State or any other state; or
    • (3) While the individual holds a commercial driver's license or driver's license issued by any other jurisdiction, unless the individual surrenders that license for return to the issuing jurisdiction for cancellation.
  • (e) Instructional permits. --
    • (1) A commercial driver's instructional permit may be issued for the class of commercial driver's license applied for only to an individual who has passed the appropriate knowledge and vision screening tests.
    • (2) The holder of a commercial driver's instructional permit may drive a commercial motor vehicle on a highway only when the individual is accompanied by and under the immediate supervision of the holder of a driver's license valid for the type of vehicle driven, if the accompanying driver:
      • (i) Is at least 21 years old; and
      • (ii) Has been licensed for at least 3 years in this State or in another state to drive vehicles of the class then being driven.
  • (f) Penalties for violation of section. -- Except as provided in § 16-101 of this title, a person convicted of a violation of subsection (a) 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.
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