(a) This section applies to an applicant who: (1) Holds a learner's instructional permit under § 16-105(d) of this subtitle; or (2) Qualifies for a provisional license under subsection (e) of this section. (b) An applicant is entitled to receive a provisional license if the applicant: (1) Meets the minimum age required under § 16-103(c)(2) of this subtitle; (2) Satisfies the learner's instructional permit requirements under § 16-105(d)(2), (3), (4), or (5) of this subtitle; (3) Passes a driver skills or driver road examination administered under this subtitle; (4) Surrenders any learner's instructional permit issued to the applicant; and (5) Pays the fee established under this subtitle. (c) A provisional license shall be clearly identifiable as a provisional license. (d) (1) An individual who holds a provisional license may not receive a license sooner than 18 months following the later of: (i) The date the individual first obtains the provisional license; (ii) The date the individual is convicted of, or granted probation before judgment under § 6-220 of the Criminal Procedure Article for: 1. A moving violation; or 2. A violation of a provisional driver's license restriction under § 16-113(i) of this subtitle; or (iii) The date of restoration of an individual's provisional driver's license or driving privilege that has been suspended, revoked, or canceled for any reason. (2) Notwithstanding any other provision of this subtitle, the Administration may issue a license to an individual who was otherwise eligible to receive a license at the time a moving violation was committed. (e) (1) Notwithstanding subsection (d) of this section or any other provision of this subtitle, the Administration may issue a provisional license to an individual who has been licensed to drive in another state or country, or by the armed forces for less than 18 months. (2) If an individual has been licensed for: (i) Less than 6 months, the individual shall hold the provisional license for at least 18 months before being eligible for a license under § 16-111.1 of this subtitle; (ii) 6 months, but less than 12 months, the individual shall hold the provisional license for at least 12 months before being eligible for a license under § 16-111.1 of this subtitle as long as the individual has not committed an offense as defined in § 16-213(a) of this title during that period; or (iii) 12 months, but less than 18 months, the individual shall hold the provisional license for at least 6 months before being eligible for a license under § 16-111.1 of this subtitle as long as the individual has not committed an offense as defined in § 16-213(a) of this title during that period. (3) An individual who commits an offense as defined in § 16-213(a) of this title while holding a provisional license issued under this subsection is subject to: (i) The waiting periods under subsection (d)(1)(ii) of this section before qualifying for a license under § 16-111.1 of this subtitle; and (ii) Other sanctions applicable to a holder of a provisional license under this article. (4) Notwithstanding § 16-103(c)(3) of this subtitle, the Administration may issue a license under § 16-111.1 of this subtitle without issuing a learner's instructional permit or a provisional license if the individual has been licensed to drive in another state or country, or by the armed forces, for at least 18 months. (f) A provisional license is subject to the expiration and renewal requirements of § 16-115 of this subtitle.
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