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


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  •    (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.


HISTORY: 2005, ch. 25, § 13; ch. 542; 2009, ch. 525.