Driver Improvement Program

Curriculum

Revised 09/24/2002

WELCOME

Greetings, AB Discount Driving School Inc., would like to welcome you to Driver Improvement Program. For convenience, the Motor Vehicle Administration has permitted the two programs to be combined. Those assigned to the Driver Improvement Program will make up to six to eight hours. With your cooperation and participation I will cover the materials required and allow you to leave on schedule.

The information presented today is relevant to Driver Improvement Program attendees. We will first present information about the Maryland Driver’s License, the driving privilege, driving record and points accumulation. We will also talk about the laws applicable to drinking and driving.

WHY YOU ARE HERE:

If you are here because you need to attend a Driver Improvement Program, you have been referred by one of the following:

COURTS

In some cases, judges assign individuals to this program when they appear for motor vehicle violations.

HEARING OR POINT SYSTEM CONFERENCE

Persons who have appeared before an Administrative Law Judge for a hearing may be assigned because of several violations. Persons in this group are scheduled with the understanding that there may be a suspension of their driving privilege should they fail to complete this program. Many persons are also assigned because they failed to attend their two-hour Point System Conference.

SUSPENSION

Persons may be scheduled who have been suspended.

REVOKED

Many drivers who have been revoked are required to complete this class before their license is considered for reinstatement.

PROVISIONAL DRIVERS LICENSE (GLS)

Persons holding a Provisional Drivers License under the Graduated License System (GLS) will be assigned to the Driver Improvement Program upon being convicted of their first moving violation, regardless of their age.

WHAT DO THE POINTS MEAN?

I’m sure all of you have heard the term “AGGRESSIVE DRIVER”. There has been an effort by State officials to curb the aggressive driving; therefore a new law was passed in the 2001 legislative session. The new law is titled “Aggressive Driving,” which is defined as a combination of 3 or more offenses, committed at the same time or during a single and continuous period of driving which include; running a red light, overtaking and passing a vehicle in an unsafe manner, passing on the right, following too closely, failing to yield the right of way, and exceeding the speed limit. Conviction of aggressive driving would result in 5 points being assessed to the driving record.

DID YOU KNOW?

The National Highway Traffic Safety Administration estimates that roughly one-third of all motor vehicle crashes and about two-thirds of the roughly 42,000 crash fatalities that occur each year can be attributed to aggressive driving behavior.

Maryland, which is at the forefront on aggressive-driving enforcement, started its program in 1995 and credited it with bringing the driver fatality rate down 22 percent. In 1997, Maryland teamed up with Virginia and Washington, D.C., on the largest campaign yet, after a spate of grisly accidents in the region were pegged to aggressive driving. Sixteen police agencies participated in Smooth Operator, as it was known, and as many officers were assigned solely to aggressive driving enforcement on the Capital Beltway. Police conducted four highly publicized one-week enforcement waves in 1997, netting more than 61,000 traffic citations and warnings. A sizable chunk of those were for the traditional nemesis...speeding...but fully 13,000 were associated with other aggressive-driving behaviors (Governing Magazine, March 1998).

PURPOSE OF THE PROGRAM

The purpose of this program is to motivate you to drive more safely.....to help you recognize the basis of your own driving problems so that you can take immediate corrective action.....and to tell you what will happen if you fail to make the necessary improvements in your driving habits.

REASONS FOR VIOLATIONS AND CRASHES.

Here are some frequent causes of negligent driving, violations, and crashes. As I list them, see if you recognize any that might describe your driving problem:

- Lack of Courtesy -- Courtesy is nothing more than showing respect for the rights and privileges of others using the highways. It is a simple matter of displaying good manners while driving.

- Inattention -- Inattention is simply not paying attention to the driving task, making it very difficult for evaluating the traffic conditions around you - keeping you from responding when an emergency exists. An example of inattention is using a cellular telephone while driving. Driving does require your full attention at all times.

Impatience -- To practice patience is a must, especially with the amount of traffic we have on our highways today. We have to expect traffic tie-ups from time to time, going to work, holidays, weekends, etc. A simple solution is leaving earlier and adjusting your schedule accordingly.

- Emotions -- If you have an emotional problem....your mind is preoccupied because you are worried about someone who may be ill, have financial problems, family quarrels, etc., this is when you are most accident-prone. If you are in this condition, allow someone else to drive for you; or maybe just wait until the problem has been eliminated, then drive.

- Lack of knowledge of the law...simply not knowing what is expected and required in driving situations.

- Inability... to keep pace with changing traffic patterns and complex driving conditions -- as may be the case of someone who has moved from a rural to an urban area.

- Resentment of authority...not willing to accept the law as it pertains to safe driving.

- Immaturity... or lack of personal restraint and the tendency to act on impulse, take risks and perform aggressively, especially in the company of other persons.

Decreased alertness... poor judgment, affected vision, inattention and reaction time slowed by alcohol or other drugs, fatigue, or illness such as: headache, indigestion, sore throat, aching tooth, influenza, infections, upset stomach, fever, or allergies.

- Anger -- One important factor in safe driving is to keep from becoming angry because of actions by other drivers.

Remember, anger and driving don’t mix. Behind the wheel is no place for aggression – shoulder passing, manic lane changers, speeders, zigzaggers all lead to a pathology only recently named: Road Rage (Readers Digest Magazine, March 1998)

Here are some suggestions from the AAA to avoid Road Rage:

Be courteous behind the wheel.

Don’t honk your horn excessively.

Don’t block the passing lane.

Don’t switch lanes without signaling first.

Don’t take up more than one parking spot.

Don’t let your door hit the car parked next to you.

Don’t tailgate.

Avoid unnecessary use of high beam headlights.

Don’t inflict your loud music on nearby cars.

10. Allow plenty of time for every trip.

If any of these conditions have contributed to your driving problems, an important first step would be to make the appropriate adjustments -- a change in attitude, or compensation for your poor physical or mental state by exerting conscious and continuous control over the driving task, or getting additional driving instruction or help from the appropriate health care provider. Along with your commitment to change, this program can help to increase your knowledge of Maryland's Motor Vehicle Laws so that you can protect your driving privilege.

Remember: If your passengers are hanging on to the door handle, making awkward floor motions when a stop has to be made, or maybe saying you have all the makings of a race car driver - these may be hints that you take many chances that are hazardous. If you hear and see these actions associated with your driving, it would be a good idea to monitor your driving ability. Don't wait too long, it might be too late.

DRIVING PRIVILEGE

Although some will argue the point, driving on public highways is a privilege -- not a right. The privilege to drive carries with it a personal responsibility for highway safety. You retain your privilege to operate a motor vehicle only if you obey the laws. As long as the privilege is not abused, the driver's license remains in good standing.

THE LICENSE - ISSUED BY M.V.A.

It is not legal to operate a motor vehicle on the highways of this State or any other state without a valid driver’s license. In Maryland, your license to drive is granted by the Motor Vehicle Administration and you are required to have it in your possession every time you drive. Aside from its intended purpose, your driver’s license is probably used more often for identification purposes than any other card in your possession. It’s a valuable document -- and like anything valuable, it must be protected.

Your license must be renewed every five years, on your birth date. You are required to appear in person each time to have your vision tested and to be re-photographed -- the process is usually completed in several minutes. In the event your license expires; you have one year to renew it. Beyond one year, you will have to go through the same process as a new driver applicant: submit an application for a new license, and take the vision, law and driving tests.

NO MINOR VIOLATIONS

You may feel that your violations were not too serious, but according to highway safety experts, there is no such thing as a “minor violation.” Persons killed as a result of “minor” and “major” violations are equally dead.

As an example: Suppose you routinely fail to come to a complete stop at a particular stop sign and one day an officer issues a summons. Since nothing happened, do you consider it to be a “minor” violation? Suppose however, several days later you go through the same stop sign, but this time a child steps out in front of your vehicle too late for you to stop. It’s still the same violation - only the results have changed.

LOSS OF PRIVILEGE - POINT SYSTEM

As previously mentioned, one of the ways the M.V.A. identifies unsafe drivers is under the Point System. Point values for moving violations are specified by Maryland Vehicle Law and regulations.

MUST HAVE CONVICTION

Points are assessed upon conviction of a traffic offense. You should be aware that the term "conviction" includes forfeiture of collateral or payment of a fine without a court appearance -- in such a case, you have admitted guilt to that violation. The violation and point assessment is recorded on your driving record.

CONVICTION OF MULTIPLE CHARGES

Whenever convictions occur on multiple charges committed at the same time, points are assessed only to the violation that has the highest point value. However, all convictions of violations will be recorded on the driving record, which, by the way, is available not only to the M.V.A. but to law enforcement, courts, administrative law judges, insurance companies, and in some cases the general public.

I’ll tell you more about your driving record later.

CURRENT POINTS

Points assessed to a record will be valid for a period of two years starting from the actual date of the violation (issuance of the summons).

ACCUMULATION OF POINTS

The law states that at certain point levels within a two-year period, the following actions must be taken against your driving privilege:

THREE POINTS - WARNING

At 3 or 4 points, a warning letter is sent by the M.V.A. informing offenders that their driving is in need of improvement and of the consequences of continued violations.

FIVE POINTS - CONFERENCE

At the 5, 6, or 7-point level, the driver is called in for a conference....the reason some of you are here today. The law also specifies that anyone who fails to attend a Point System Conference MUST complete a Driver Improvement Program (which is longer and costs more) or be suspended until he/she complies.

EIGHT POINTS - SUSPENSION

At 8 points, the law states that the driver shall be notified by mail of the suspension of his/her driving privilege. The driver has the right to a hearing if one is requested, in writing, within 15 days of the notice date. When the suspension is imposed, the driving privilege is taken away for a pre-determined period of time. The period of suspension begins when the license is received by the M.V.A. The license must be surrendered to the M.V.A. where it will be destroyed. At the end of the suspension period, the driver must go to an M.V.A. office to get a new license and pay the required fee.

TWELVE POINTS - REVOCATION

When 12 points have been accumulated, the law states that the driver shall be sent a letter of revocation. When a revocation is imposed, the driving privilege is not restored until a formal reinstatement process is completed and the applicant is found to be a safe risk for relicensure. A person revoked for the first time is not eligible for reinstatement for 6 months; a second time, 12 months; a third revocation, 18 months; four or more revocations, 24 months. The period of revocation does not begin until the driver’s license is received by the M.V.A.

The reinstatement process, following the revocation period, is costly: $45 or $75 reinstatement fee if the revocation was alcohol or drug-related; and $45 for a new driver’s license. Revoked drivers are required to attend a Driver Improvement Program and possibly an Alcohol Education or treatment program. An investigation, and complete driver examination may be required.

Any person who is suspended or revoked has the right to request a hearing before an Administrative Law Judge to show cause why he or she should not be suspended or revoked. The written request and hearing fee must be received by the Office of Administrative Hearings within 15 days of the notice date.

A person whose driving privilege has been refused, suspended, revoked or canceled is not permitted to drive under any circumstance. In doing so, the person would be subject to revocation and a longer waiting period if convicted of “Driving While Suspended.” In the case of an individual who drives while his privilege is revoked, the Administration may take certain actions.

Upon receipt of a notice of a conviction of driving while revoked, the date before which the individual becomes eligible for reinstatement is extended. The revocation will be extended for one year for the first violation, eighteen months for the second violation and two years for a third or subsequent violation.

LOSS OF PRIVILEGE - POINTS NOT INVOLVED

There are cases where a driver may lose his/her privilege to drive with no points being involved.

WITHIN THE STATE OF MARYLAND

- Failure to appear for trial or to pay a fine.

- Frequency of violations as to indicate an intent to disregard traffic laws and the safety of other persons.

- Habitually reckless or negligent driving.

- Out-of-state convictions.

Incompetence to drive a motor vehicle.

- Mental or physical impairments.

Violation of license restrictions.

- Failure to comply with Driver Improvement or Alcohol Education Programs or Medical Advisory Board requirements.

CONVICTIONS - Driver License Compact

Maryland is a member of the Driver License Compact. The Driver License Compact is an agreement to promote highway safety among the states, including the District of Columbia. The Compact contains the following 4 major provisions:

ONE DRIVER LICENSE: An individual is allowed only one valid driver’s license, to be issued and controlled by the state in which the driver resides.

ONE DRIVER RECORD: Every driver has one complete driver record -- the driver record follows the driver from state-to-state, upon change in residency or licensing. A driver with a bad record cannot “start over” by getting a license in another state.

EXCHANGE OF INFORMATION: The PDPS (Problem Drivers' Point System) is checked to verify license eligibility, on the basis of reports from other states regarding suspension and revocation actions. In addition to the exchange of driver records between states, notification of convictions for traffic offenses by non-residents are also reported to home states.

UNIFORM AND PREDICTABLE TREATMENT: Convictions reported from member states are treated in the same manner as if the offenses occurred in Maryland. Drivers who commit serious traffic law violations when away from home do not escape corrective action by the state in which they are licensed. Convictions are recorded on the Maryland driver record but no points are assessed except for these major violations, which get 12 points:

Manslaughter or negligent homicide resulting from the operation of a motor vehicle;

Driving a motor vehicle under the influence of intoxicating liquor or any other drug;

Any felony in the commission of which a motor vehicle is used.

DRIVING RECORD IS PERMANENT

A driving record is established for every person who has been issued a license or every unlicensed person who has been convicted of a traffic violation. Violations and points posted to the record remain until the record is expunged. Generally, eligibility rules for expungement are as follows:

3 years after the date of the last moving violation, providing the licensee has never been suspended or revoked or involved in an alcohol-related incident, and there is no pending traffic or criminal charges involving a motor vehicle. These records are expunged automatically.

5 years from the date of the last moving violation and if the licensee has not been suspended more than one time, involved in any alcohol-related incidents, and if there are no pending charges. Request for expungement must be made in writing.

10 years from the date of the last moving violation and/or restoration of the driving privilege, if the licensee has been suspended two or more times, revoked, or involved in an alcohol-related incident. Request for expungement must be in writing.

This is a printout of a permanent driving record (show copy). At the top is various information about you, the driver. The M.V.A. refers to this top section as the “Header.” This header is all that would show on the record of someone with no history of violations or administrative actions.

In the section immediately after the header are the convictions of motor vehicle violations as well as any actions taken by the M.V.A.

The first column has the date of the violation; the second column, the conviction date; the third column, the citation number or other information; the fourth column describes the violation or administrative action; and the last column reflects the number of points assessed for the violation.

As mentioned earlier, the points are active for two years. An asterisk next to the points means they are no longer active.

The last line on the record will state RECORD END and will indicate the total number of current points accumulated in the current two years.

This particular driver was quite active out on the highway, accumulating several pages of violations and points and ultimately resulting in the revocation of his driving privilege.

FULL OR PUBLIC DRIVING RECORD

Courts, law enforcement agencies, Administrative Law Judges, and MVA officials have access to drivers’ FULL records. According to the Federal Driver Privacy Protection Act (DPPA), effective July 1, 2000, all Maryland driving records will be private. An individual may request the removal of the privacy indicator by completing the Maryland Record Restriction Notice, form DL-26 or submitting a request in writing. The request must contain the following information; soundex number, name, address, date of birth, signature and a photo copy of their last Maryland Driver's License or ID card on record.

Should you wish to review your own record, you may obtain a full copy at any MVA office. A $7 fee is charged for a non-certified record; $10 for a certified record. You will be asked to show identification.

If you have questions about information appearing on your record you should contact your nearest MVA Branch Office.

PLEASE, DO NOT CALL, as record information cannot be given over the telephone.

INSURANCE COMPANIES

The majority of the requested certified copies of driving records are used by insurance companies. You can be sure that a person applying for automobile insurance, or renewing a policy, will have his/her record checked thoroughly. The amount of premium a driver has to pay above the basic charges is determined by the driving record.

Insurance companies are obligated to pay damage claims, so naturally they would want to determine the crash risk of their insures (which is higher among traffic violators than non-violators). The company may refuse to insure a high-risk driver or may assess a substantial increase in the insurance premium -- another consequence of continued violations.

EMPLOYMENT

The people who are going to employ you would also be interested in your driving record, particularly if you are going to drive a company vehicle.

A driving record can often be a reflection of the type of person you are. A bad record may indicate disrespect for laws or for others, carelessness, and/or a general bad attitude. To an employer, this may be an indication that such a person would make a poor employee, and this person could be a poor investment for the company. Also, the employer's insurance company checks drivers’ records and may refuse to insure a high-risk driver or may assess higher premiums to the company.

ACCIDENT STATISTICS (Providers/Instructors are expected to acquire and report current statistics.)

THESE ARE PEOPLE, NOT JUST NUMBERS

Accident-related statistics are made by drivers like you and me. I’d like you to remember that these are people we are talking about, and numbers are the only way we have of representing them.

DEATH RATE DRIVING VS. VIETNAM

To show you the magnitude of the highway death rate, let me give you a comparison. During an 11-year period when the United States was in Vietnam, about 47,800 of our servicemen were killed there. During that same period, 546,497 persons were killed here in the United States by the automobile, averaging 47,537 fatalities per year. (NSC 1994)

THE NATIONAL DEATH RATE

As for our national death rate -- in the past years, the average annual automobile-related death rate has well exceeded the 43,000 mark.

MARYLAND AND NATIONAL STATISTICS - KILLED

In 1999, 598 persons were killed in automobile crashes in Maryland; 41,800 persons, in the United States. According to the Maryland State Police records, alcohol was the cause of 121 fatal accidents, speed for 108 of the fatalities and driver error in 157 of the fatal accidents. (Provider's responsibility to update statistics)

Unfortunately, we don’t have the statistics showing how many people are temporarily or permanently disabled as the result of crashes...but I’m sure these figures would be staggering.

ESTABLISHING SPEED LIMITS

MAXIMUM SPEED -- The posted speed on any roadway is the maximum safe speed under ideal conditions.

MAXIMUM LAWFUL SPEED -- No vehicle shall be driven on any public highway exceeding the speeds as posted (for any reason).

HAZARDOUS CONDITIONS -- To have complete control over the vehicle in hazardous conditions, a driver should reduce his speed based on the road, traffic and weather conditions.

BAD WEATHER CONDITIONS -- Some weather conditions that indicate a reduction in speed would be rain, fog, snow or ice on the roadway. In fact, it would be wiser not to drive at all during severe weather conditions.

REASONABLE AND PRUDENT SPEED -- No driver shall drive a vehicle on a highway at a greater speed than is reasonable and prudent under the prevailing conditions.

DECREASE SPEED UNDER CERTAIN CONDITIONS -- It is the duty of the driver to decrease speed when:

- approaching an intersection (except when on through highways);

- approaching and going around curves; or

approaching the crest of a hill or a railway grade crossing.

TWO FACTORS THAT DETERMINE ASSIGNED SPEED

The State Highway Administration considers two basic factors in determining the speed limit for any particular street or highway:

- the type of section (such as business or residential) in conjunction with the type of highway passing through the section; and

- the possibility of accidents.

HIGHWAYS AND SECTIONS DEFINED

I’d like to define, by law, how you may identify the different types of sections and highways.

- BUSINESS SECTION -- The business section is when 50% of a distance of 300 feet or more along the highway is occupied by buildings used as businesses.

RESIDENTIAL OR OUTLYING DISTRICT -- A residential district is established when a distance of 300 feet or more along the highway is occupied by buildings used for residences and/or buildings used for businesses.

OPEN COUNTRY -- Open country is a section outside the limits of cities or towns, along which there has been no build-up of business properties or residences along the highway.

- ORDINARY HIGHWAY -- An ordinary highway is when you have opposing traffic on the same roadway and the only thing that would separate this traffic, if any, would be a painted line, regardless of the number of lanes.

- DIVIDED HIGHWAY -- A divided highway is where the opposing traffic is separated by some physical obstruction such as grass, concrete median strip or guard rail. The opposing traffic is actually on two separate highways. But remember, you have breaks in the median to make left turns, intersections, stop signs, traffic lights, and all types of motor vehicle controls.

CONTROLLED ACCESS HIGHWAY OR EXPRESSWAY -- An expressway is very similar to a dual-lane highway, except it is a limited access road. This means you must enter or leave this roadway by a ramp. It has uninterrupted travel with no stop signs, intersections, etc.

SPEED LIMIT LAWS (OR AS POSTED)

It is your responsibility to know the following maximum speeds even if you enter a roadway that does not have a posted speed limit sign:

A number of Interstate Highways in Maryland have a posted speed limit of 65 mph. Should a driver exceed 65 mph by 20 mph or more, the driver would be accessed 5 points to his/her driving record.

POINTS ASSESSED FOR SPEEDING

The points assessed for speeding are as follows:

1 through 9 mph - 1 point

10 through 29 mph - 2 points

30 mph or more - 5 points

20 mph or more in a 65 mph zone - 5 points

TRAFFIC CONTROL DEVICES

Now I’d like to give you some information on traffic control devices....the purpose of having traffic control devices such as signs, lights and markings on the roadway, are to provide for safe movement of traffic. The United States is presently initiating the international system of traffic control devices. This system will, for example, utilize pictures or symbols instead of words on signs, with several exceptions. It is important to be aware of the shape, because if the sign is covered with snow, mud or spray paint, this will give you the general meaning and tell you what action is required. Color in this system will also have a general meaning and tell you what action is required. Red indicates something is prohibited or to stop; green shows that movement is permitted, or general guidance; blue directs the motorist to services; yellow indicates a warning or caution; black on white indicates regulatory signs; orange warns of construction; and brown is used for public recreation and scenic guidance.

OBEDIENCE TO 21-201

The driver of any vehicle shall obey the instructions of any official traffic-control device unless otherwise directed by a traffic or police officer.

The order of precedence of control would be a police officer, a lighted signal and last, a sign.

SIGNS

STOP SIGN 21-707 (a)

This is an eight (8) sided, octagon shaped sign, red and white in color.

WHERE TO STOP

NO LINE

A full stop must be made at a point nearest the intersection where the driver has a view of the approaching traffic without interfering with the movement of that traffic. (It is not necessary to stop at the stop sign unless posted as such.)

STOP LINE

If there is a stop line painted on the roadway, the stop must be made before crossing such stop line.

CROSS WALK

If there are two painted lines or a crosswalk, the stop must be made before crossing the first line.

YIELD 21-707 (b)

This is a three sided, triangular shaped sign, red and white in color. The driver facing this sign shall yield the right of way to all traffic on the through highway and stop if the entrance cannot be made without interfering with the traffic already on the favored highway. However, a full stop need not be made if the driver can blend into traffic safely.

RAILROAD CROSSING

This is a circular shaped sign giving notice of a railroad grade crossing ahead, and is yellow and black in color.

OBEDIENCE TO SIGNALS 21-701

A stop would not be necessary unless the signals at the crossing were activated, a crossing gate is lowered, a flagman gives a signal to stop, a train emits a signal or its nearness is a hazard.

No person shall drive any vehicle through, around, or under any crossing gate or barrier that is closed or is in the process of being closed.

The small square sign with a number on it, posted at a railroad crossing, indicates the number of tracks to be crossed.

CERTAIN VEHICLES MUST STOP 21-703

The driver of any motor vehicle carrying passengers for hire or any bus carrying passengers; any vehicle carrying explosive substances or flammable liquids as cargo shall stop within 50 feet but not less than 15 feet from the nearest rail and shall not proceed until it can be done safely.

SAFETY PRECAUTIONS 21-703

A vehicle may proceed only in that gear of which it will be unnecessary to shift gears manually while passing through the crossing. If you should notice the traffic backed up to the tracks on the other side, stop before you enter and wait for that traffic to digest so you may proceed and move completely off the tracks.

Make sure your vehicle has enough momentum to get across just in case your vehicle stalls.

DO NOT ENTER

The “Do Not Enter” sign is square in shape and is placed usually at the end of a one way ramp to keep traffic from entering the wrong way. It is red and white in color.

WRONG WAY

The “Wrong Way” sign is a supplement of the “Do Not Enter” sign. It is usually posted where an exit ramp intersects a crossroad or a crossroad intersects a divided highway in a manner that may invite wrong-way entry. The sign is usually placed farther from the crossroad than the “Do Not Enter” sign.

REGULATORY (Information)

Regulatory signs are usually rectangular in shape and have information such as speed limit, no parking, reducing speed, turning, passing, etc. They usually have black lettering on a white background, but sometimes have red or green lettering.

PROHIBITION SIGNS

Prohibitory signs are indicated by a red circle and a red slash over that which is prohibited. Two samples are the “No U Turn” and “No Trucks”.

WARNING

Warning signs are yellow, except under special circumstances. They are 4 sided and diamond in shape. This sign gives warning of an immediate hazard.

CONSTRUCTION

A diamond shaped warning sign colored orange indicates a construction area where a driver may encounter some obstructions or restrictions.

NO PASSING ZONE

The no passing zone sign is a supplementary warning sign, is three sided, pennant in shape and yellow in color. It is usually used on a two-lane road to warn of the beginning of a no-passing zone. It is erected on the left side of the roadway and may supplement the “Do Not Pass” sign.

ADVISORY SPEED PLATE

The advisory speed plate is another supplement of the warning sign. They are yellow and indicate the maximum recommended speed around a curve, on a ramp or through a hazardous location. (This is not a speed limit sign.)

SCHOOL CROSSING

The driver should reduce his speed and be very cautious of children crossing the roadway. This sign is five sided and has a pentagon shape. (Some signs directing traffic to the Bay Bridge and the John F. Kennedy Highway have the same shape.) Speeds are as posted.

SERVICES

Commercial services available on conventional highways such as gas, food, lodging, phones, etc. are posted on a blue and white sign with a picture of the service provided. Generally, they are posted where such services are infrequent.

GUIDANCE

Guidance signs will have white printing with a green background. They are usually used on divided highways or expressways with partial control of access. They serve a number of distinct functions:

Give directions to destinations or to streets or highway routes, at intersections or interchanges.

Furnish advance notice of intersections or interchanges.

Direct drivers into appropriate lanes in advance of diverging or merging movements.

Show distances to destinations.

Identify routes and directions to those routes.

RECREATIONAL AREAS

Where public parks and recreation areas are a significant destination on a numbered highway route, special signs may be posted for such parks and areas, at least to the first point at which an access road intersects the highway. In lieu of the regular guide sign shape and color, such signs may have a trapezoidal shape and have white letters on a brown background.

LINES ON THE ROADWAY

SINGLE SOLID LINE 21-307

This line separating opposing traffic may not be crossed except for making a left turn.

DOUBLE SOLID LINES 21-307

These lines separating opposing traffic are not to be crossed in passing by traffic moving in either direction; except for making a left turn, when it’s safe to do so.

USES OF SOLID LINES

Solid lines are used for:

Center lines

Lane lines

No-Passing Zone Markings

Pavement edge lines

Lane reductions

To form median islands

Mark interchange ramps

Stop lines

Crosswalks

Railroad Crossings

Parking spaces

SINGLE BROKEN LINES

This broken line on the road surface permits passing when safe to do so, in either direction.

COMBINATION OF LINES

These lines on the road surface permit the driver only to pass and overtake from the side of the broken line, when safe, but no passing is permitted from the side of the solid line.

LEFT TURN ONLY LANE

A middle lane bordered by solid yellow lines with broken yellow lines inside is to be used by traffic traveling in either direction for making left turns only. This lane shall not be used for passing or overtaking another vehicle.

AUTOMATIC SIGNAL LIGHTS

FLASHING LIGHTS 21-204

A constant intermittent flashing signal. They are intended for use where traffic or physical conditions do not justify conventional traffic signals but where high accident rates indicate a special hazard.

RED

Vehicles shall be required to stop before entering the nearest crosswalk at an intersection or a limit line when marked, and shall only proceed after a full stop when safe. A red flashing light is actually subject to the same rules that apply to a stop sign.

YELLOW

Vehicles shall be driven through the intersection or past such signal only with caution.

THREE PHASE SIGNAL 21-202

The following colors shall indicate the following action to be taken by the driver in that particular phase.

RED

The driver must stop at this light until the red light is extinguished and a green light is displayed.

YELLOW

The yellow light or arrow indicates that the green movement is being terminated or that the red indication will be exhibited immediately thereafter. A driver shall stop if the stop can be made safely and all traffic within the intersection shall clear the intersection.

GREEN

Drivers facing a green light may proceed straight through or turn right or left unless a sign at the place prohibits such direction. If a green arrow is illuminated, the driver is permitted to proceed in the direction of the green arrow, provided he is in the proper lane. Vehicles shall yield the right of way to other vehicles and pedestrians lawfully within the intersection at the time the signal is exhibited.

DID YOU KNOW?

Running red lights is one of the most common aggressive driving behaviors, and a bigger problem than most people think. It accounts for 22 percent of all urban crashes, and almost half of those accidents result in injuries. Studying a typical traffic signal in Arlington, Virginia, the Insurance Institute for Highway Safety found that a driver ran a red light once every 12 minutes...and every five minutes during rush hour (Governing Magazine, March 1998).

NOTE: With the increasing concern of aggressive drivers, sub-divisions now have the option to place a traffic monitoring device (camera) at intersections and mail a citation to the owners of vehicles which fail to obey the traffic control device. Although this is a no-point violation, fines are imposed.

FOLLOWING TOO CLOSELY, CHANGING LANES, YIELDING

Before we continue any further let’s take a few minutes to briefly discuss following too closely, changing lanes and yielding the right-of-way.

FOLLOWING TOO CLOSELY 21-310

I’m sure that all of you have at one time or another looked into your rear-view mirror and have seen a car that appeared to be riding on your bumper. Tailgating is a major driving error many drivers make. Often times, drivers forget the importance of staying the proper distance behind the car in front. Most rear-end collisions are caused by following too closely. One car length for each 10 miles per hour is often used as a guide on dry pavement when visibility is good. A better method is to watch the car ahead of you when it passes some reference point, such as a sign. Then count “one-thousand-one, one-thousand-two”….if you pass the same spot before you are finished counting, you are following too closely.

When you are following vehicles which often stop (buses, post office vans) you should allow more following distance than usual. When driving in bad weather, you should increase following distance 3 or 4 seconds. This, the most frequently used system for judging distance necessary between two vehicles will allow for a safe stopping distance should an emergency occur. I will discuss this at length later in the program.

CHANGING LANES

Another problem I’m sure you’ve encountered is the aggressive driver who cuts in front of you with no warning and appears to be weaving through traffic. Changing lanes improperly can cause frustration for the surrounding drivers, as well as accidents!

What is the proper way to change lanes? To begin, a driver should always use a signal to alert other drivers to his/her intentions. It is equally important that before changing lanes the driver use his/her side view mirrors as well as looking over the shoulder toward the left rear or right rear (to compensate for the blind spot) before proceeding. The driver should never make multiple lane changes...change lanes one lane at a time.

YIELDING

Failing to yield the right of way is another mistake drivers often make while on the roadway. At uncontrolled intersections the car on the right is the car that has the right-of-way. Just as important is to remember that when you are entering a roadway from a ramp you must yield to the cars on the favored highway. Just remember, laws govern right-of-way but NEVER PUT THESE LAWS AHEAD OF SAFETY!

THE LAWS APPLICABLE TO DRINKING AND DRIVING

Now, we are going to spend some time talking about this very serious subject....since alcohol is a major cause of accidents, it becomes an important topic for discussion. Consider please, that almost 50% of all highway fatalities are alcohol related. We have no way of knowing if alcohol was the actual cause of all those people being killed, but it would be reasonable to assume that most of those people would still be here if they had no alcohol in their system. The laws relating to drinking and driving are not complicated. They are written in such a way that there can be no confusion of their intent.

IMPLIED CONSENT

IMPLIED CONSENT

Driving a car may be a necessity but it has been consistently defined by the courts and legislatures of many states as a privilege, not a right. In order to assure that standards for safe driving are understood and observed for the protection of the community, the license privilege is extended only to those who can show they are responsible drivers. For this reason, the Motor Vehicle Administration has the authority to grant, or refuse, anyone a license and to suspend or revoke a license for “just cause”, that is, grounds established by the law. One example of “just cause” is contained in the Implied Consent Law.

IMPLIED CONSENT LAW

Basically, the law states that when you drive on a public street, you imply that you are willing to consent to a chemical test for the presence of alcohol in your system, if you have been arrested for any offense committed while driving, and the arresting officer has reasonable cause to suspect you of being “under the influence”. Refusal to submit to, or failure to complete the test will result in loss of license.

IMPLIED CONSENT STATEMENT

When a person applies for a new license, or submits an application for renewal or a duplicate, just above the signature is a statement within a thick, black border. Just signing the card without reading the statement does not make it illegal. Ignorance of the law, however, is no excuse; you are still legally bound by the Implied Consent Law. Refusal to submit to, or failure to complete the test will result in loss of license.

CHEMICAL TEST

Most likely, many of you have had, sometime in your life, a blood test and should be familiar with the procedures as to how blood is drawn for the test. However, most of you have not experienced a breath test, which requires the subject to blow into a tube attached to a machine. That machine chemically separates the alcohol from the rest of your breath. At the same time it makes a mark on a test card indicating the percentage of alcohol in the bloodstream at that time. (Note: This test cannot determine the total amount of alcohol consumed, the alcohol still in the digestive system, or how much has been eliminated.)

Should the occasion arise, this test record will be introduced as evidence in court to determine the guilt or innocence of a person charged with “Driving While Impaired” or “Driving While Under the Influence.”

ADMINISTRATIVE PER SE IN MARYLAND

On January 1, 1990, Maryland's Administrative Per Se Law became effective. This legislation dramatically altered the procedures that law enforcement officers and the Motor Vehicle Administration utilize for persons who either refused a test for alcohol concentration, or took a test resulting in an alcohol concentration of .08 or more.

Maryland's Administrative Per Se laws generally provide for a police officer to confiscate a persons driver’s license at the time of arrest for intoxicated driving or related violations. The police officer now plays a key role by not only arresting these dangerous drivers but, physically taking the license from the person. Now the police officer can cause immediate sanctions to be imposed on drivers who are under the influence rather than waiting months for a trial with the possibility of penalties being minimized. Here is a brief description of how this law works.

POLICE OFFICER'S DUTY -- A police officer who detains a person suspected of driving or attempting to drive a motor vehicle while impaired, under the influence of alcohol, or in violation of an alcohol restriction, shall request the driver to take a test for alcohol concentration. If the person refuses to take the test or if the test results indicate an alcohol concentration of 0.08 or more, the police officer shall:

- Confiscate the Maryland driver’s license;

- Serve an Order of Suspension on the driver;

- Issue a temporary license to drive;

- Inform the person that he/she has 10 days to request a hearing to show cause why the driver’s license should not be suspended;

- Advise the person of the Administrative sanctions that shall be imposed in the event that he/she fails to request a hearing, or upon an adverse finding by the Administrative Law Judge; and

- Within 72 hours after the issuance of the Order, send any confiscated driver’s license, copy of the suspension order, and a sworn statement to the Administration.

NOTE: Under certain conditions an individual who initially refused to take a test may withdraw the initial refusal and consent to take the test. These conditions include availability of a qualified individual to administer the test within a certain time frame, and whether the consent after the initial refusal was while the individual was still in police custody.

ADMINISTRATIVE SANCTIONS -- Independent of any criminal charge, MVA's administrative sanctions (under the Administrative Per Se law) are as follows:

For a test result of 0.08 or more, suspend the driver’s license 45 days for a first offense, and 90 days for a second or subsequent offense. Restricted licenses may be issued under certain circumstances by the Motor Vehicle Administration including employment purposes or attendance at a treatment program.

For a test refusal, suspend 120 days for a first offense, and 1 year for a second or subsequent offense. For persons refusing the test, the periods of suspension are mandatory and may not be modified.

- For a commercial motor vehicle operator -- In addition to any suspension under the Administrative Per Se Law, if the driver was operating a commercial vehicle and refused to submit to a test of alcohol concentration, that driver’s license and/or driving privilege will be disqualified for (1) year for a first offense or 3 years for a first offense while transporting hazardous materials required to be placarded. For a second or subsequent offense while operating any commercial motor vehicle the driver would be disqualified for life.

DRIVER MUST STILL STAND TRIAL -- In addition to the above administrative sanctions, the driver still must stand trial for the alcohol-related charges.

FURTHER ADMINISTRATIVE SANCTIONS -- The Administrative Per Se Law does not prohibit additional suspension or revocation sanctions if the driver is convicted for an alcohol-related offense including a violation of an alcohol restriction.

DRIVING WHILE IMPAIRED BY ALCOHOL (DWI)

A person may not drive, or attempt to drive, any vehicle while impaired by the consumption of alcohol. An alcohol concentration of .07 but less than 0.08 is prima facie evidence that a person was driving while impaired by alcohol.

CRIMINAL PENALTIES: A person convicted of DWI shall be punished by a fine of not more than $500 and/or by imprisonment for not more than 2 months (or 1 year if it is a second or subsequent conviction).

- ADMINISTRATIVE SANCTIONS: For a first conviction, the driver’s license may be suspended for not more than 60 days; for a second conviction, not more than 120 days -- unless it is a second conviction within a 2-year period, in which case, the driver’s privilege shall be revoked. Each conviction of DWI gets 8 points on the driving record.

DRIVING WHILE UNDER THE INFLUENCE (DUI)

A person may not drive, or attempt to drive, any vehicle while under the influence of alcohol. An alcohol concentration of 0.08 is prima facie evidence that the defendant was under the influence.

CRIMINAL PENALTIES: A conviction of DUI carries a fine of not more than $1,000 for a first offense and/or imprisonment for not more than 1 year. For a second offense, the fine is not more than $2,000 and/or up to 2-years imprisonment. For a third or subsequent offense, not more than $3,000 and/or imprisonment of not more than 3 years.

ADMINISTRATIVE SANCTIONS: For a DUI, the M.V.A. assesses 12 points and revokes the driver’s privilege.

DRIVING WHILE IMPAIRED BY DRUGS OR DRUGS/ALCOHOL

A person may not drive, or attempt to drive, any vehicle while he is impaired by the use of any drug, any combination of drugs, or a combination of one or more drugs and alcohol, that he cannot drive a vehicle safely.

DRIVING WHILE IMPAIRED BY CONTROLLED DANGEROUS SUBSTANCES

A person may not drive or attempt to drive any vehicle while he is impaired by any controlled dangerous substance IF the person is not entitled to use the controlled dangerous substance under the laws of this State.

DRIVING IS DANGEROUS

You can see that the driving task has become a complicated and risky business -- instead of the pleasurable convenience that it was meant to be.

DEPENDENT ON OTHER DRIVERS -- Whether we like to admit it or not, we are very much dependent on other drivers for arriving at our destination safely. The laws and rules of the road are meant to ensure the safe and orderly movement of vehicles and pedestrians on the roadway. Everyone is expected to follow the rules -- if everyone did, we would be able to anticipate the movement of the other vehicles. When another driver, for some reason, breaks a rule and makes an unexpected movement, a road hazard is created.

DEFENSIVE DRIVING -- Regardless of what others are doing on the highway, the defensive driver practices at mastering skills, acquiring knowledge of traffic laws, being constantly aware of surrounding conditions, making adjustments as needed, and planning ahead for both short and long trips. Defensive driving goes beyond just using common sense. Courtesy to other drivers sharing the road, sound judgment, and correct decisions help the driver to arrive at his destination while avoiding collisions, delays, and traffic citations. The “good driver” successfully maneuvers his vehicle under the most adverse conditions. Conversely, the “poor driver” jeopardizes not only his life, but also the life of others while driving under the most ideal conditions.

MOTOR VEHICLE LAWS

DRIVER RESPONSIBLE FOR LEARNING LAWS -- Each driver is personally responsible for being informed about the motor vehicle laws. Lack of knowledge about a particular law is not acceptable as an excuse in court.

LAWS, RULES AND REGULATIONS -- You can imagine what the traffic conditions would be like if there were no laws and everyone was allowed to drive as they pleased without regard to other highway users. Traffic laws are intended to make the streets and highways safe for the drivers, passengers and pedestrians. The laws not only apply to all highways, but to all private property used by the general public as well. The laws and rules of the road were enacted by our elected legislators after hearing considerable testimony from highway safety experts and concerned citizens. Each state may slightly differ in their laws, but their objective is the same: order and organization on the highway to help us arrive at our destinations safely.

SPOTTING THE VIOLATION -- On the highway, the police officer spots the violation and writes a summons. This is what we pay him to do. Keep this in mind if you should have a tendency to be resentful of him and the law he is enforcing.

ASSESSING PENALTIES -- The judge, who sits in court, will assess the penalties, such as, fines, court costs and imprisonment, or he may even dismiss the charges against you. This will be decided upon the testimony -- the officer's reason for charging you with these violations and your reasons for violating the law and the mitigating circumstances.

KEEPING SCORE -- If you are convicted, the Motor Vehicle Administration will keep track of the points you've accumulated and enter the violations on your driving record.

THE LAW PROTECTS -- They are made to protect you and others on the roadway. If you should decide to disobey the rules of the road and drive in an unsafe manner, then be prepared to accept the penalties. If you’re lucky, you’ll only have to pay a fine and court cost; if you’re not, the cost may be a life -- yours or someone else’s.

QUESTIONS

Are there any questions about the subjects that were discussed?

PLEASE DRIVE SAFELY!

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