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Sheppard v. State12/12/1996
§ 16-105), accept applications for licenses ( §§ 16-106, 16-107), examine applicants ( §§ 16-110, 16-111), and issue the appropriate licenses ( §§ 16-111, 16-113, 16-114). Section 16-111(d) expressly provides that 'when issued and signed, a driver's license authorizes the licensee to drive any vehicle of the type or class specified on it, subject to any restrictions endorsed on the license.' (Emphasis supplied).
What MVA giveth, MVA may taketh away; but only for specific statutorily prescribed reasons and only in accordance with statutorily prescribed procedures and limitations.
The action of the juvenile court in this case was quite obviously not in harmony with the statutory scheme. It suspended appellant's driving privileges without purporting to suspend his license, which is inconsistent with § 16-111(d), (supra) . It ordered an indefinite suspension, which is inconsistent with the specific time limits on suspensions set by § 16-208(a) of Transportation Article. And, equally important, it has placed appellant in a status of which MVA is completely unaware. If a juvenile court had that authority (and exercised it in the manner done here), the integrity of MVA's records would soon be placed in serious jeopardy. It could never be entirely certain of the actual driving status of its licensees under twenty-one years of age.
Given the clear thrust of the overall statutory scheme of regulation, we conclude that a juvenile court has no present authority directly to suspend a child's driving privileges upon a finding of delinquency. That is a power committed by statute exclusively to MVA." (Footnote omitted).
In Re David K., 48 Md. App. at 723-25, 429 A.2d at 318-19. The Court of Special Appeals did, however, note in dictum that "we have no doubt that such restraint could have been directly effected as part of a probation order -- a voluntary agreement by appellant to surrender for a time his privilege to drive as a condition of probation." In Re David K., 48 Md. App. at 721-22, 429 A.2d 317 (emphasis in original). We need not decide if the condition imposed in the instant case could be valid if freely and voluntarily consented to by Sheppard because there was no consent, and a timely appeal of the condition of probation was noted.
The Transportation Article clearly and specifically sets the MVA administrative hearing procedures, suspension and revocation penalties, as well as manner of restoration of driving privileges for those convicted of driving under the influence . This specific statutory scheme of regulation delegated to the executive branch controls over the general statute authorizing a court to impose conditions of probation.
JUDGMENT AFFIRMED IN PART AND REVERSED IN PART. CASE REMANDED TO THE CIRCUIT COURT FOR WORCESTER COUNTY WITH DIRECTIONS TO VACATE THE CONDITION OF PROBATION WHICH PROHIBITS THE PETITIONER FROM DRIVING FOR A PERIOD OF THREE YEARS. COSTS TO BE PAID BY WORCESTER COUNTY.
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