Section 6-313 - Motor Vehicle Administration as agent for nonresident driver. - Maryland Statutes

§ 6-313. Motor Vehicle Administration as agent for nonresident driver.
 

(a) (1)  Definitions.- In this section the following words have the meanings indicated. 

(2) "Motor vehicle" has the meaning stated in § 11-135 of the Transportation Article. 

(3) "Nonresident" has the meaning stated in § 11-139 of the Transportation Article. 

(4) "Nonresident's privilege to drive" has the meaning stated in § 11-140 of the Transportation Article. 

(b)  Appointment.- By exercising a nonresident's privilege to drive a motor vehicle in the State, a nonresident irrevocably appoints the Motor Vehicle Administration as agent to receive a subpoena, a summons, or other process that is: 

(1) Issued in an action that is related to an accident or collision involving a motor vehicle driven by the nonresident driver and in which the nonresident driver is named as a party; and 

(2) Directed to the nonresident driver. 

(c)  Service of process.- Service of process is sufficient service on a nonresident driver if: 

(1) Service is made by the personal delivery and leaving of a copy of the process, with a certification of the last known address of the nonresident driver, with the Motor Vehicle Administration; 

(2) A fee for service of process is paid to the Motor Vehicle Administration; 

(3) The Motor Vehicle Administration sends a copy of the process by certified mail, return receipt requested, to the nonresident driver at the nonresident driver's last known address; and 

(4) The Motor Vehicle Administration files an affidavit of compliance with the provisions of this section with the clerk of the court in which the action is pending. 

(d)  Copy of affidavit by Administration.- The Motor Vehicle Administration shall provide a copy of the affidavit of compliance to the party seeking service. 

(e)  Copy of affidavit by insurer.- The party seeking service shall send by certified mail, return receipt requested, a copy of the affidavit of compliance to the motor vehicle insurer of the nonresident driver. 

(f)  Record.-  

(1) The Motor Vehicle Administration shall keep a record of all process served under this section that shows the date and hour of service on the Administration by the party seeking service. 

(2) When the certified return receipt is returned to the Motor Vehicle Administration, the Administration shall: 

(i) Deliver it to the party seeking service; and 

(ii) Keep a record of the date of its receipt and the date of its delivery to the party seeking service. 

(g)  Fee.- The Motor Vehicle Administration is authorized to establish and collect a reasonable fee to recover the Administration's costs under this section. 

(h)  Report.- The Motor Vehicle Administration shall report to the General Assembly on or before January 1 of each year, in accordance with § 2-1246 of the State Government Article, the following information for the preceding calendar year: 

(1) The total number of subpoenas, summonses, and other service of process issued in accordance with the provisions of this section; 

(2) The number of instances in which the Motor Vehicle Administration failed to reach the individual being served and the reasons that those attempts failed; 

(3) A breakdown of all direct and indirect costs incurred by the Motor Vehicle Administration in carrying out the requirements of this section; and 

(4) The total fees collected by the Motor Vehicle Administration from persons requesting service of process under this section. 
 

[2008, ch. 578.]