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