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2021 LEGISLATIVE SESSION

HIGHLIGHTS

The Maryland Department of Transportation Motor Vehicle Administration (MDOT MVA) monitored over 200 bills during the 2021 Maryland General Assembly session.  This figure represents approximately 9% of the 2,362 bills introduced, and 41% of the 519 bills tracked by MDOT.  Twenty-one bills that passed both houses of the General Assembly will have a direct impact on MDOT MVA.

The following highlights the bills that have passed and will have a direct impact on MDOT MVA, our customers, or other transportation-related issues.

VEHICLE BILLS

Chapter 670 (HB 0044) Clean Cars Act of 2021

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0044

This bill reestablishes through fiscal year 2023 the Electric Vehicle Recharging Equipment Rebate Program and increases to $1.8 million the maximum number of rebates the Maryland Energy Administration (MEA) may award in each year.  The bill also requires MEA to transfer the lesser of $10.0 million or the actual total outstanding amount of qualified plug-in electric vehicle and fuel cell electric vehicle tax credits applied for prior to July 1, 2020, from the Strategic Energy Investment Fund (SEIF) to the Transportation Trust Fund (TTF).

Effective Date – July 1, 2021

Chapter 197 (HB 0072) & Chapter 198 (SB 0448) County Boards of Education – Student Transportation – Vehicles and Report

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0072

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0448?ys=2021RS

This bill authorizes a county board of education to provide transportation to and from school for certain students using a vehicle other than a Type I or Type II school vehicle when a school vehicle cannot reasonably be provided; requires the State Department of Education, in consultation with county boards of education and the Motor Vehicle Administration, to adopt regulations governing minimum vehicle and driver safety standards; and requires each county board to submit a report on student transportation using certain vehicles by September 1, 2025.

Effective Date – July 1, 2021

Chapter 351 (SB 0726) Vehicle Laws - Personal Delivery Devices - Standards and Requirements

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0726

This bill authorizes a personal delivery device to operate on any roadway, sidewalk, shoulder, footpath, bicycle trail, or crosswalk beginning July 1, 2022.  These vehicles will be regulated and approved by MDOT MVA, require an emergency response plan to be filed with MDOT MVA, and MDOT MVA shall proffer insurance regulations for such devices.  It also authorizes a pilot study program prior to full implementation, beginning October 1, 2021.

Effective Date – July 1, 2021

Chapter 460 (HB 0250) Commercial Motor Vehicles - Inspections

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0250

This bill alters the mileage at which the owner of a Class F (tractor) vehicle that has been in operation for not more than 5 years is required to have the vehicle inspected, maintained, and repaired to 35,000 miles; and alters the mileage at which the owner of certain Class E vehicles that have been in operation for not more than 5 years is required to have the vehicle inspected, maintained, and repaired to 50,000 miles if the vehicles are zero-emission electric vehicles or fuel cell electric vehicles.

Effective Date – October 1, 2021

Chapter 461 (HB 0519) Vehicle Equipment - Safety Glass - Replacement Standards

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0519

This bill requires the Motor Vehicle Administration (MVA) to adopt regulations establishing standards and requirements for aftermarket safety glass replacement that meet or exceed certain standards.  Specifically, the regulations adopted by MVA must (1) require that the products and services used meet or exceed original equipment manufacturer specifications; (2) require the use of motor vehicle safety glass that meets certain specifications published by the American National Standards Institute, in accordance with relevant federal regulations and standards; and (3) meet or exceed the standards and requirements of the American National Standards Institute/Auto Glass Safety Council/Automotive Glass Replacement Safety Standard.

Effective Date – October 1, 2021

Chapter 451 (HB 1074) & Chapter 452 (SB 0140) Vehicle Laws - Commercial Motor Carriers - Safety, Inspection, Performance, and Insurance Information (James Cohran's Law)

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb1074

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0140?ys=2021RS

This bill requires certain employers of commercial motor vehicle drivers to provide the U.S. Department of Transportation number of any entity currently owned by the employer and website address for the Federal Motor Carrier Safety Administration's Safety and Fitness Records (SAFER) System to a prospective employee driver on a bona fide offer of employment; and provides certain civil penalties.

Effective Date – October 1, 2021

Chapter 176 (SB 0681) Motor Vehicles - Inspection Certificates - Exception

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0681

This bill exempts the transfer of a used vehicle from a business entity to a majority owner of the business entity from the requirement to obtain a motor vehicle safety inspection certificate if the vehicle is primarily driven by the majority owner of the business entity and the business entity has been dissolved or is in the process of dissolution.

Effective Date – October 1, 2021

Chapter 118 (SB 0291) Motor Vehicle Offenses – Following Too Closely – Unified Truck Travel

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0291

This departmental bill exempts trucks traveling in a unified manner at electronically connected speeds from the requirement to leave enough room for an overtaking vehicle to enter the space between them. The bill further specifies that connected trucks are still subject to the requirement to operate in a reasonable and prudent manner consistent with the speed of other vehicles, traffic, and roadway conditions.  MDOT MVA shall proffer regulations for determining eligible trucks.

Effective Date – October 1, 2021

DRIVER BILLS

Chapter 269 (HB 0558) & Chapter 270 (SB 0429) For-Hire Driving and Vehicles - Requirements

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0558?ys=2021RS

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0429

This bill makes administrative changes to the for-hire driver's license application process, generally to facilitate the receipt of driver photographs.  The bill also removes a requirement for Baltimore City taxicab drivers to complete an education course, removes a general requirement related to the display of specified information on taxicabs, and removes taxicabs from the limited list of motor vehicles not required to have seat belts in the vehicle.  Finally, provisions related to 15 or fewer passenger limousines are expanded to encompass all motor vehicles, including a corresponding authorization to be operated by a licensed transportation network operator.

Effective Date – June 1, 2021

Chapter 508 (HB 0301) & Chapter 509 (SB 0265) Estates and Trusts - Maryland Revised Uniform Anatomical Gift Act - Revisions

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0301?ys=2021RS

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0265

This bill authorizes a person who chooses to be an organ donor on or before July 1, 2022, to designate if the anatomical gift is to be used for certain purposes and requires the Organ Procurement Organization or its designee to produce and provide to each Motor Vehicle Administration location educational materials that include definitions of anatomical gift, research and education, and transplantation and therapy.  Each Motor Vehicle Administration location will be required to prominently display and make available to prospective donors on request the educational materials.

Effective Date – January 1, 2022

Penalty Bills

Chapter 612 (HB 0115) & Chapter 613 (SB 0020) Vehicle Laws - Canceled, Revoked, and Suspended Driver's Licenses - Penalties

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0115?ys=2021RS

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0020

This bill alters certain penalties for a person who displays a canceled, revoked, or suspended driver's license; and provides that a person who violates a certain section of the Act must appear in court and may not prepay the fine.

Effective Date – October 1, 2021

Chapter 165 (HB 0118) & Chapter 166 (SB 0293) Vehicle Laws - Injury or Death of Vulnerable Individual - Penalties

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0118

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0293?ys=2021RS

This bill prohibits an individual from causing the serious physical injury or death of a “vulnerable individual" due to the individual operating a motor vehicle in violation of any rule of the road specified in the Maryland Vehicle Law.  A violator is guilty of a misdemeanor and is subject to a maximum fine of $2,000.  An individual charged with a violation must appear in court and may not prepay the fine.  The court may, in addition to imposing a fine, order a violator to participate in a motor vehicle safety course and perform up to 150 hours of community service.  The Motor Vehicle Administration (MVA) must suspend the driver's license of an individual convicted of a violation for at least seven days and up to six months.

Effective Date – October 1, 2021

Miscellaneous Bills

Chapter 223 (HB 0321) & Chapter 224 (SB 0061) Public Buildings – Changing Facilities – Requirements

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0321

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0061?ys=2021RS

This bill requires, except under certain circumstances, that changing facilities suitable for changing the diaper of a child and providing personal care for an adult be installed in certain public restrooms in certain public buildings by October 1, 2022; requires certain entities to report to 2-1-1 Maryland, Inc., the location of changing facilities when changing facilities are installed; requires 2-1-1 to maintain a list of changing facilities on its website; and requires the Board of Publics Works to adopt certain standards.

Effective Date – October 1, 2021

Chapter 658 (HB 0183) Public Information Act – Revisions (Equitable Access to Records Act)

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0183

This bill requires each official custodian to adopt a policy of proactive disclosure of public records that are available for inspection; authorizes the official custodian to adopt a policy appropriate to the type of public record, to reflect the staff and resources of the governmental unit, and to include publication of public records on certain websites; alters the composition of the State Public Information Act Compliance Board; and requires the Board to receive, review, and resolve certain complaints from applicants.

Effective Date – July 1, 2022