2/26/02-Maryland's House judiciary committee is sitting on a bill that increases penalties for certain violations by commercial vehicle drivers and authorizes charging motor carriers who require or permit a driver to commit the violations. These penalties specifically address violations resulting in injury or death.

The violations affected by HB428 include violations of weight, size and load restrictions, hours-of-service restrictions, safety inspections and utility and transportation emergencies, and certain federal regulations relating to hazmat, safe loading, maximum driving time and unsafe operations.

If the violation resulted in bodily injury to another person, a driver could be fined up to $1,000 or imprisonment up to six months, or both for the first offense. Second and subsequent offenses bring a fine up to $3,000 or imprisonment for up to one year, or both. If the violation results in the death of another person, the driver is subject to a $2,00 fine or imprisonment up to three years, or both, for a first offense, and a $5,000 fine or imprisonment for up to five years, or both, for a second or subsequent offense.

A motor carrier, who requires or allows any person to commit these violations, could be fined up to $5,00 for a first offense if the violation results in bodily injury, and $10,000 if the violation results in death. For second and subsequent offenses, the carrier could be fined up to $10,000 for violations resulting in injury and up to $25,000 for those resulting in death.

The fines go up even more for violating federal regulations relating to drivers declared out of service and out-of-service orders. In these cases, a driver could face up to a $2,000 fine and imprisonment for up to one year, or both on a first offense if the violation results in bodily injury. Second and subsequent offenses bring up to a $5,000 fine or imprisonment up to three years, or both. If the violation results in death, the driver could be fined up to $5,000 and imprisonment up to five years, or both, and for a second or subsequent offense, the fine jumps to $10,000 or imprisonment up to 10 years, or both.

Motor carriers involved in federal regulation violations could be fined up to $10,000 for the first offense and $20,000 for a second or subsequent offense in bodily injury cases. If the violation results in death, the fines go up to $25,000 for the first offense and $50,000 for second or subsequent offense.

The bill had its first reading by the judiciary committee Jan. 30 and a hearing Feb. 14, but has seen no further action. Last session, the judiciary committee gave an unfavorable report to a similar bill, HB987. For bill status information, call (410) 946-5400.

8-2-01 -- The session ended April 9, 2001. Unresolved bills are dead and must be reintroduced in the next session, which begins Jan. 9, 2002. For bill status information, call (410) 946-5400.

7/31/01 - HB987 is dead after receiving an unfavorable report March 20 from the House Judiciary Committee, which held a public hearing on the bill March 15. The bill would have held motor carriers responsible when they require or permit a driver to violate the state's commercial motor vehicle laws.

3/9/01 - If HB987 passes, motor carriers could be held responsible when they require or permit a driver violate the state's commercial motor vehicle laws. Additionally, the bill adds stiffer penalties for truckdrivers (and their motor carriers) convicted of certain violations that result in bodily injury or death.
Maryland House Delegate Joseph F. Vallario Jr., D-District 27A, introduced the bill Feb. 9 with a hearing scheduled for March 15 at 1 p.m. with the judiciary committee, on which he happens to sit as chairman.
Motor carriers may be charged along with their drivers for violations involving transporting hazardous materials, stopping for diesel emissions tests, stopping for inspections, overweight vehicles, motor carrier safety violations and allowing ineligible drivers to operate commercial vehicles.
In addition to punishing motor carriers for these violations, this bill imposes harsher penalties on truckdrivers for violations resulting in injury or death of a person. If the violation results in bodily injury to another person, truckers could face a fine of up to $3,000 or imprisonment up to one year, or both. Violations resulting in the death of another person could bring a fine up to $5,000 or imprisonment up to 5 years, or both.
These stiffer penalties would apply to violations involving restricted licenses; persons ineligible to driver commercial motor vehicles; alcohol; classes and endorsements of licenses; width of vehicles; height of vehicles and loads; length of vehicles and loads; length of semitrailer operated in combination with truck tractors; load extensions; securing loads on vehicles; enclosures on vehicles carrying loose materials; transporting lumber, pipe, steel or similar materials; violation of excess size and weight permits; and hours of services for intrastate drivers.
To voice your opinion, Delegate Vallario's office number is 1-800-492-7122 or (301) 858-3488.

On Feb. 15, a Maryland bill to ban the use of hand-held cellular phones while driving was killed. The state's Commerce and Government Masters Committee of the House of Delegates rejected the bill, proposed by John S. Arnick of Baltimore, by a 14-7 vote. The bill would've made Maryland the first state to adopt such a ban.