Toler v. Motor Vehicle Administration

RAKER, J.,

dissenting:

The Motor Vehicle Administration rejected Toler’s argument, finding that he was ineligible to claim the exception set forth in § 16-405(b). The Circuit Court agreed with the MVA, and affirmed. I would affirm the judgment of the Circuit Court affirming the decision of the MVA. I would hold that § 16-405(b) applies only to professional drivers and does not apply to those drivers who use their vehicles merely as a means of transportation. Toler is not a professional driver and is not entitled to the point accumulation exception set out in the statute.

Section 16-405(b) is ambiguous. I agree with the majority that the language of § 16-405(b), requiring a minimum of sixteen points if the licensee “is required to drive a motor vehicle in the course of his regular employment,” is ambiguous. Nothing in the plain language reveals whether the Legislature meant § 16-405(b) to apply solely to professional drivers or whether the exception was applicable also to persons for whom driving is an incident to employment. I disagree with the majority’s conclusion that the statute’s history reveals an intent by the Legislature - to indicate the latter.

The accumulation of eight points is the triggering event for license suspension under normal circumstances. The statute at issue in this case, § 16-405, designates two provisions designed to modify this general rule. Section 16-405(a) permits the MVA to modify or eliminate a suspension in situations where the suspension would “affect adversely” the licensee’s employment. On the other hand, § 16-405(b) creates a higher point requirement, sixteen points rather than eight, in order to suspend the license of one who “is required to drive a *230motor vehicle in the course of employment.” These provisions, however, are exceptions.

I agree with the MVA’s interpretation. The MVA notes that § 16-405(a) authorizes the hearing officer to exercise discretion and decline to suspend or revoke, or modify or cancel a suspension if the officer finds that the action would affect adversely the employment or opportunity for employment of a, licensee. This section encompasses a very broad group. By contrast, § 16-405(b) carves out a non-discretionary, limited exception, for those licensees whose employment primarily is to drive a motor vehicle. The MVA argues that reading these sections together shows that a licensee must be more than simply “affected adversely” in employment in order to qualify for the point increase. The MVA also identifies the point conference notification provision in § 16-404(a) as further evidence of the Legislature’s intent to create two distinct classes of licensees. The MVA relies on the well-accepted canon of construction that statutory provisions set out as a single scheme must be read in a manner that harmonizes the language of both and avoids nonsensical or absurd results. Toler is not a “professional driver” under § 16-404(a); his point notification is after three points and conference is five points. He does not qualify for the more forgiving scheme allowed for professional drivers. It is inconsistent to award a non-professional driver the more significant benefit of § 16-405(b). The MVA’s conclusion that § 16-405(b) relates only to professional drivers maintains the exception as a distinct group, separate from all other licensees who drive incidental to their employment.

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 § 16-405(b). His interpretation *231of the statute, accepted by the majority, violates common sense by allowing the exception to swallow the rule.

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 § 16-405(b) as a limited class of drivers who are truly “required” to drive in the course of their employment.

The MVA’s interpretation also conform’s with this Court’s prior case law. In State v. Depew, 175 Md. 274, 1 A2d 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 *232incidental to the purposes of his employment.” Id. at 276, 1 A.2d at 626. Although § 16-405(b) does not equate explicitly chauffeurs with those required to drive, this was the interpretation adopted by the Court of Special Appeals in General Valet Serv. v. Curley, 16 Md.App. 453, 298 A.2d 190 (1973) rev’d on other grounds, Curley v. General Valet Serv., 270 Md. 248, 311 A.2d 231. Discussing the application of the preceding version of § 16-405(b), the court stated:

“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 *233drive a motor vehicle in the course of his regular employment.’ ” Id.

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 § 16-405(a) and § 16-113 to modify a suspension to account for the adverse impact the suspension might have upon a licensee’s employment. The efficacy of such a system can be seen in the case sub judice. The ALJ exercised his discretion under § 16-405(a) and permitted Toler to drive for work purposes. There is no indication that the suspension interfered with his employment in any way. Furthermore, because he is not a professional driver, the presence of the suspension on his driving record is unlikely to adversely affect his future employment. Nonetheless, the majority would prevent the MVA from applying such discretionary provisions until Toler has accumulated a total of sixteen points within a two year period.

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.

*234I respectfully dissent. Judge HARRELL and Judge BATTAGLIA have authorized me to state that they join in this dissenting opinion.

. Perhaps the majority would not deem driving to and from work driving "in the course” of regular employment. Yet how is the commute to work in an area without access to mass transit not a “significant” duty of employment? Employees’ need to get to the place of employment will always be "incident to their work.”

. Further, while licensees who drive as an incident to their employment will be allowed a sixteen point cushion before suspension, individuals whose driving needs are equally or perhaps more compelling will be excluded. Many employees may choose several methods by which to reach a work assignment. By contrast, a person who must drive a carpool or orchestrate a volunteer group may be far more tied to the use of an automobile. The majority has not provided any evidence that the Legislature intended to so disparately impact the employed and unemployed.