Christopher Lee TOLER v. MOTOR VEHICLE ADMINISTRATION.
No. 21, Sept. Term, 2002.
Court of Appeals of Maryland.
Feb. 24, 2003.
817 A.2d 229 | 373 Md. 214
Dore J. Lebowitz, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General of Maryland, on brief), Glen Burnie, for respondent.
Argued before BELL, C.J., and ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.
WILNER, Judge.
BACKGROUND
We are concerned here with the interplay among three statutory parts of the point system—
Subject to
Mr. Toler has had a long and continuous involvement with MVA, mostly because of speeding violations. He began collecting points shortly after receiving his license. In December, 1986, he received his first warning letter upon the accumulation of four points within a three-month period. After two speeding convictions in 1986, he was called to a conference in July, 1987, and given a reprimand. That seemed to have
The suspension that generated this case came about as a result of his collecting eight points in 1999—five upon a conviction for exceeding the speed limit by 30 miles per hour and three following a conviction for failure to reduce speed to avoid an accident. On May 1, 2001, he was informed that his license would be suspended, but, upon his request for a hearing, the suspension was held in abeyance. At the hearing, he informed the administrative law judge that he owned and operated a door and window manufacturing and installation company and that his primary role was in sales. He said that he ran “all the sales appointments for commercial sales and commercial divisions” and that he also trained and “r[a]n with” the residential sales representatives. He testified that every day he made sales calls and visited job sites and that he drove to those places, logging 100 to 200 miles a day. Toler testified that he brought in about two-thirds of the business and that if he was precluded from driving, “[i]t would be impossible for me to do what I need to do.”
After taking into account that testimony and Toler‘s driving record, the ALJ suspended Toler‘s license for 30 days but directed MVA to issue him a restricted license that would permit him to drive for work purposes during the suspension
Toler applied for and received the restricted license but also sought judicial review of the ALJ‘s decision, arguing that (1) the ALJ abused his discretion in making the suspension for thirty days rather than two, and (2) because he fell within the ambit of
DISCUSSION
In a direct sense, this case is moot. Toler‘s suspension has ended and his full driving privileges were restored. Nonetheless, if the suspension is valid, it could have a collateral consequence of some importance. If Toler‘s license is subsequently suspended, which, in light of his atrocious driving record, is more than a conjectural possibility, he will face a minimum period of suspension of fifteen days, rather than two days, and a maximum period of ninety days, rather than thirty days. See
The issue is one of statutory construction, and, as we have said many times, when construing statutes “our goal is to ascertain and implement, to the extent possible, the legislative intent.” Witte v. Azarian, 369 Md. 518, 525, 801 A.2d 160, 165 (2002). As we explained in Witte, “we look first to the words of the statute, on the tacit theory that the Legislature is presumed to have meant what it said and said what it meant.” Id. We added, however, that “if the true legislative intent cannot readily be determined from the statutory language alone,” we may look to other indicia of that intent, including the structure of the statute, how it relates to other laws, its legislative history, its general purpose, and the “relative rationality and legal effect of various competing constructions.” Id. at 525-26, 801 A.2d at 165. One aspect of examining these indicia is the presumption, which itself is a rule of construction, that the Legislature “intends its enactments ‘to operate together as a consistent and harmonious body of law,‘” State v. Ghajari, 346 Md. 101, 115, 695 A.2d 143, 149 (1997) (quoting State v. Harris, 327 Md. 32, 39, 607 A.2d 552, 555 (1992)), such that no part of the statute is rendered meaningless or nugatory. Gillespie v. State, 370 Md. 219, 222, 804 A.2d 426, 428 (2002); Montgomery County v. Buckman, 333 Md. 516, 523-24, 636 A.2d 448, 452 (1994).
We turn, then, to some of the recognized extrinsic aids to help us divine what the Legislature had in mind when it crafted that provision. We are convinced from them that Toler‘s construction is the proper one.
Those provisions each have meaning and can easily be read harmoniously. As between the two relevant subsections of
Supporting petitioner‘s argument that there is some difference is the fact that the Legislature used different language to describe the two classes—“professional driver” in
The first motor vehicle law enacted in Maryland, 1904 Maryland Laws, chapter 518, required the registration of motor vehicles and sought to assure that the operators thereof were competent, but it did not provide for the licensing of drivers. It stated only, in that regard, that the owners of motor vehicles had to file with the Secretary of State a verified declaration that they were competent to drive the vehicle sought to be registered and to provide certain information regarding the vehicle. Two years later, by 1906 Maryland Laws, chapter 449, the Legislature required the registration of “chauffeurs,” which it defined as persons “operating a motor vehicle as mechanic, employee or for hire, except employees of manufacturers testing uncompleted automobiles.” Persons desiring to operate a motor vehicle as a chauffeur had to make special application, pay a fee, and carry a badge on their clothing.
The distinction between chauffeurs and other drivers was temporarily eliminated in 1910, when the Legislature transferred responsibility for regulating motor vehicles to the newly created position of Commissioner of Motor Vehicles and first provided for the licensing of drivers. 1910 Md. Laws, ch. 207. That law prohibited any person from operating a motor vehicle on State highways without either a license or the presence of someone who had a license, but it made no special provision for chauffeurs. The distinction was restored in 1912, however, when the Legislature provided that an ordinary driver‘s license was valid until suspended or revoked, but
That definition of “chauffeur” was in effect when, in 1938, we decided State v. Depew, 175 Md. 274, 1 A.2d 626 (1938). The defendant, employed by the State as an auditor, was required to travel to various parts of the State to carry out his duties and, to that end, was furnished a State car. Although he had an operator‘s license, he did not have a chauffeur‘s license. While returning from an assignment in company with other auditors, he was stopped and ultimately charged with unlawfully operating a motor vehicle without a chauffeur‘s license. Presumably, the charge was based on his having been driving as an employee of the owner of the car. Notwithstanding the statutory definition, we concluded that Depew was not a chauffeur. We noted that the term “chauffeur” had both a restrictive and a general meaning, and we opted for the restrictive one—a person “driving automobiles for salary or compensation.” Id. at 276, 1 A.2d at 626. Following and quoting from Des Moines Rug Cleaning Co. v. Automobile Underwriters, 215 Iowa 246, 245 N.W. 215, 218 (Iowa 1932), we held that, as used in the statute, the term referred to a person “who is employed and paid by the owner of a motor vehicle to drive and attend the car” but did not include “an employee who receives his compensation for services rendered other than the operation of motor vehicles, although in performing such services he may incidentally operate a motor vehicle.” Id. at 277, 1 A.2d at 626 (emphasis added).
The provisions at issue here came into the law in 1959, when the Legislature first authorized the Commissioner of Motor Vehicles to create and administer a point system. 1959 Md. Laws, ch. 736. The point system brought a measure of objectivity to the suspension and revocation regime, as it was based on convictions in court rather than subjective findings by the Commissioner that the licensee was unfit or unsafe, and it also made sanctions more certain, as any conviction for a moving violation would result in one or more points and the sanctions were based on the accumulation of points within a two-year period. Presumably aware that the new system might result in more drivers facing suspension or revocation, the Legislature provided for some prior warnings in an effort to avoid that prospect. It did so by requiring the Commissioner to send a warning letter “to each licensee” upon the accumulation of three points and to call the licensee to a conference upon the accumulation of five points. The 1959 law made no distinction in either regard between operators and chauffeurs. With respect to suspension and revocation, however, it did draw a distinction. In essentially the same language now found in
The question raised, and unanswered, is why, when the Legislature already had in the law a statutory definition of “chauffeur” that long had been restricted to professional drivers, it would not have used that term to define the class entitled to the special cushion if it truly intended that class to be so limited. The 1959 law expressly referred to both operators’ and chauffeurs’ licenses and subjected both kinds of licensees to the new point system. Had the Legislature desired to give the special cushion only to professional drivers, as MVA argues, it could easily have done so by using the defined term “chauffeur” to describe the class, instead of resorting to the ambiguous phrase “required to drive a motor vehicle in the course of his regular employment.”
That question became even more prominent when, in 1970, as part of a complete rewriting of the motor vehicle code, the Legislature first provided the separate cushion with respect to the mandatory conference. 1970 Md. Laws, ch. 534, § 6-405. Until then, all licensees were required to be called in for a conference upon the accumulation of five points, and the original bill introduced into the 1970 session retained that provision. By amendment, however, language was added to provide that holders of Class A, B, or C licenses “shall not be called in until accumulating 8 points, in the event they submit evidence acceptable to the Department that they are professional drivers.”
Although in that law the Legislature eliminated the separate chauffeur‘s license in favor of the alphabetic categories based on the kinds of vehicles the operator desired to drive, it retained “chauffeur” as a defined term, to mean “every person who is employed for the purpose of driving a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property for hire.” See § 1-108 added to then Maryland Code, Article 66½. The
These distinctions, created in 1959 and 1970 as part of comprehensive statutes, have remained intact, even through the Code Revision work that produced the Transportation Article in 1977. See 1977 Md. Laws, ch. 14. Three times the Legislature looked at these provisions and three times it opted not to use language that was readily available and that clearly would have limited the class under
JUDGMENT OF CIRCUIT COURT FOR PRINCE GEORGE‘S COUNTY REVERSED; CASE REMANDED TO THAT COURT WITH INSTRUCTIONS TO VACATE ORDER OF SUSPENSION ENTERED BY MOTOR VEHI-
Dissenting opinion by RAKER, J., in which HARRELL and BATTAGLIA, JJ., join.
RAKER, J., dissenting:
The Motor Vehicle Administration rejected Toler‘s argument, finding that he was ineligible to claim the exception set forth in
The accumulation of eight points is the triggering event for license suspension under normal circumstances. The statute at issue in this case,
I agree with the MVA‘s interpretation. The MVA notes that
This Court has long stated as a compelling principle of statutory interpretation that “a statute is to be given a reasonable interpretation, not one that is illogical or incompatible with common sense.” W. Corr. Inst. v. Geiger, 371 Md. 125, 142, 807 A.2d 32, 42 (2002); Whiting-Turner v. Fitzpatrick, 366 Md. 295, 302, 783 A.2d 667, 671 (2001); State v. Brantner, 360 Md. 314, 322, 758 A.2d 84, 88-89 (2000). Because driving a car is one of the activities that makes up Toler‘s work day, he claims that he falls within
Under the majority‘s interpretation, there is a wide variety of people who need to drive as a part of their employment. Attorneys traveling to court, doctors with rounds at multiple hospitals, or entertainers moving between engagements, would all be entitled to acquire sixteen points before risking suspension. Under the majority‘s interpretation, any employee who is required to drive to work could argue that the commute is required within the course of their employment.1 Toler does not dispute that, via a hired chauffeur or the assistance of a friend, he could perform his job without driving. At what point does the inconvenience of a suspension amount to a requirement to drive?2 The MVA‘s interpretation avoids such a broadening of the exception, maintaining
The MVA‘s interpretation also conform‘s with this Court‘s prior case law. In State v. Depew, 175 Md. 274, 1 A.2d 626 (1938), we refused to expand the definition of “chauffeur” to include a state auditor who used a state car to drive himself and others between assignments. The auditor was charged with driving without a chauffeur‘s license. We stated that the auditor did not fall within the definition of the term “chauffeur” because the operation of the motor vehicle “was purely
“A policy of reasonable tolerance is shown, in that suspension of an operator‘s license is imposed only after the holder is charged with 8 points, and suspension of a chauffeur‘s license is imposed only after the holder is charged with 15 points.”
Id. at 470, 298 A.2d at 199. This Court, while disagreeing on another issue, quoted this statement in full, and incorporated the determination into its analysis. Curley, 270 Md. at 257, 311 A.2d at 236. Even the dissent agreed that the statute “subjects the license of a professional driver to suspension only after he has accumulated” the higher point total. Id. at 267-68, 311 A.2d at 241 (Singley, J. dissenting). Despite these prior statements, the Court today holds that the heightened point requirement “is not limited to professional drivers.” Maj. op. at 228.
The Majority‘s argument rests upon a linguistic distinction. “It is a common rule of statutory construction that, when a legislature uses different words, especially in the same section or in a part of the statute that deals with the same subject, it usually intends different things.” Maj. op. at 223. The majority points out that the Legislature chose not to utilize the already defined term “chauffeur,” instead creating a new category of drivers. See id. at 227. Therefore, the majority determines that the phrase “required to drive ... in the course of his regular employment” encompasses a broader class of licensees than the class identified as chauffeurs. “Had the Legislature desired to give the special cushion only to professional drivers, as MVA argues, it could easily have done so by using the defined term ‘chauffeur’ to describe the class, instead of resorting to the ambiguous phrase ‘required to
The majority acknowledges, however, that the principle of statutory construction giving different terms different meanings, “is not an immutable rule.” Id. at 224. In fact, the majority accepts without discussion that the terms “chauffeur” and “professional driver” are “equivalent” in meaning. Id. at 227-28. No explanation is apparently necessary as to why the Legislature would choose to adopt the term “professional driver” despite the existence of the already defined term “chauffeur.” Such inconsistent reasoning does little to support the holding.
The interpretation of the MVA, which I embrace, allows for flexibility in the application of the point system. Prior to this case, the MVA utilized
The majority‘s ruling, rather than creating a harmonious system, undermines the proper application of the point system. The result will undermine the MVA‘s ability to regulate and license drivers and to discharge properly its responsibility to protect the community, and will reduce the flexibility that the Legislature intended to bestow on the system. Because the result in this case is determined by statutory construction, perhaps the Legislature will act if it disagrees with the result arrived at today.