§ 13-705.1. Suspension of registration for driving when driver's license suspended or revoked

   (a) Authorized. -- If a person is convicted of driving or attempting to drive a motor vehicle while the driver's license of the person is suspended or revoked for a violation of § 21-902 or § 16-205.1 of this article or Title 2, Subtitle 5 or § 3-211 of the Criminal Law Article, the Administration may, after a hearing, suspend, for not more than 120 days, the registration of the motor vehicle.

(b) Restrictions. -- The Administration may not suspend the registration of the motor vehicle if:

   (1) The motor vehicle was operated by anyone other than the registered owner with his implied or express consent, and the registered owner neither knew nor should have known that the driver's license of the operator was suspended or revoked for a violation of § 21-902 or § 16-205.1 of this article or Title 2, Subtitle 5 or § 3-211 of the Criminal Law Article; or

   (2) The motor vehicle was operated by anyone other than the registered owner without his implied or express consent; or

   (3) The motor vehicle is used as a common carrier or vehicle for hire and the owner or other person in charge of the vehicle was not a consenting party or privy to the unlawful action of the operator of the motor vehicle; or

   (4) The motor vehicle was operated after being obtained by the violator through duress or coercion from an owner or co-owner who is a member of the immediate family of the violator.

(c) Burden of proof. -- The Administration shall bear the burden of proving that the registered owner knew or should have known that the driver's license of the operator of the vehicle was suspended or revoked for a violation of § 21-902 or § 16-205.1 of this article or Title 2, Subtitle 5 or § 3-211 of the Criminal Law Article.

HISTORY: 1982, ch. 94; 1983, chs. 8, 288; 1989, ch. 284; 1992, ch. 22, § 1; 1997, ch. 14, § 1; 2002, ch. 213, § 6; 2005, ch. 25, § 13.