Section 21-1123 - Prohibition against transporting minors as passengers by a minor holding provisional driver's license. - Maryland Statutes

§ 21-1123. Prohibition against transporting minors as passengers by a minor holding provisional driver's license.
 

(a)  In general.-  

(1) The provisions of this subsection do not apply if the holder of the provisional driver's license is driving while accompanied by and under the immediate supervision of an individual who: 

(i) Is at least 21 years old; 

(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 by the holder of the provisional driver's license; and 

(iii) Is seated beside the holder of the provisional driver's license. 

(2) Except as provided in paragraph (3) of this subsection, a holder of a provisional driver's license who is under the age of 18 years may not drive a motor vehicle with a passenger under the age of 18 years. 

(3) The prohibition under paragraph (2) of this subsection: 

(i) Shall be in effect from the date the provisional license is originally issued until the 151st day after the provisional license was issued; and 

(ii) Does not apply to a passenger who is: 

1. A spouse, daughter, son, stepdaughter, stepson, sister, brother, stepsister, or stepbrother of the licensee; or 

2. A relative of the licensee who resides at the same address as the licensee. 

(b)  Enforcement.- A police officer may enforce this section only as a secondary action when the police officer detains a driver for a suspected violation of another provision of the Code. 

(c)  Moving violation.- A violation of this section is a moving violation for the purposes of § 16-402 of this article. 

(d)  Suspension or revocation of driver's license.-  

(1) If the Administration receives satisfactory evidence that an individual has violated this section, the Administration may suspend or revoke the individual's driver's license. 

(2) An individual may request a hearing as provided for a suspension or revocation under Title 16, Subtitle 2 of this article. 
 

[2005, ch. 25, § 13; ch. 542; 2009, ch. 525.]