HB 1074
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader
House Bill 1074 (Delegate R. Watson)
Environment and Transportation Judicial Proceedings
Vehicle Laws - Commercial Motor Carriers - Safety, Inspection, Performance,
and Insurance Information (James Cohran's Law)
This bill requires an employer of commercial motor vehicle drivers to provide a prospective
employee driver with (1) the U.S. Department of Transportation number of any entity
currently owned by the employer and (2) the website address for the Federal Motor Carrier
Safety Administration’s Safety and Fitness Records (better known as SAFER) System. The
materials must be provided upon a bona fide offer of employment. The bill only applies to
an employer that is regulated by the Federal Motor Carrier Safety Administration, operates
a physical place of business in Maryland, and employs more than one driver in Maryland.
Fiscal Summary
State Effect: The bill does not materially affect State finances or operations.
Local Effect: The bill does not materially affect local government finances or operations.
Small Business Effect: Minimal.
Analysis
Current Law: An “employer” is any individual (including the United States, a state, or a
political subdivision of a state) who owns or leases a commercial motor vehicle or assigns
drivers to operate such a vehicle. An individual who employs himself or herself as a
commercial motor vehicle driver is considered to be both an employer and a driver for
purposes of State law.
Each employer must require an applicant to provide specified information related to
previous employment.
An employer may not knowingly allow, require, permit, or authorize a driver to drive a
commercial motor vehicle in the United States:
 during any period in which the driver has a driver’s license suspended, revoked, or
canceled by a state or has lost the privilege to operate a commercial motor vehicle
in a state;
 during any period in which the driver has been disqualified from driving a
commercial motor vehicle;
 during any period in which the driver has more than one driver’s license;
 during any period in which the driver, the motor vehicle he or she is driving, or the
motor carrier operation, is subject to an out-of-service order; or
 in violation of specified provisions of State law related to railroad crossing or any
other federal, state, or local law or regulation substantially similar to those
provisions.
An employer that is convicted of violating the prohibitions related to out-of-service orders
or railroad crossings is subject to the civil penalties specified in regulation by the
U.S. Secretary of Transportation.
Additional Information
Prior Introductions: Similar as amended, HB 1036 of 2020 passed the House and was
referred to the Senate Judicial Proceedings Committee, but no further action was taken. Its
cross file, SB 844, received a hearing in the Senate Judicial Proceedings Committee, but
no further action was taken.
Designated Cross File: SB 140 (Senator Peters) - Judicial Proceedings.
Information Source(s): Department of State Police; Maryland Department of
Transportation; Department of Legislative Services
Fiscal Note History: First Reader - February 23, 2021
an/ljm Third Reader - March 16, 2021
Analysis by: Eric F. Pierce Direct Inquiries to:
(410) 946-5510
HB 1074/ Page 2
 (301) 970-5510
HB 1074/ Page 3


Statutes affected:
Text - First - Vehicle Laws - Commercial Motor Carriers - Safety, Inspection, Performance, and Insurance Information (James Cohran's Law): 16-803 Transportation, 16-806 Transportation
Text - Third - Vehicle Laws - Commercial Motor Carriers - Safety, Inspection, Performance, and Insurance Information (James Cohran's Law): 16-803 Transportation, 16-806 Transportation