EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0064*
HOUSE BILL 64
R5 2lr0618
(PRE–FILED)
By: Delegates Krimm and Korman
Requested: October 4, 2021
Introduced and read first time: January 12, 2022
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
State Highways – Designated Shoulder Areas – Establishment and Use by 2
Transit Buses 3
FOR the purpose of authorizing the State Highway Administration, in consultation with 4
the Maryland Transit Administration and the Department of State Police, to 5
designate shoulder areas on State highways that may be used for travel, subject to 6
certain restrictions, by State and local transit buses; requiring the State Highway 7
Administration to post certain signage to indicate the beginning and the end of a 8
designated shoulder area; and generally relating to the establishment and use of 9
designated shoulder areas. 10
BY repealing and reenacting, with amendments, 11
Article – Transportation 12
Section 21–304(a) 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2021 Supplement) 15
BY adding to 16
Article – Transportation 17
Section 21–315 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2021 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Transportation 23
21–304. 24 2 HOUSE BILL 64
(a) Subject to the requirements of subsection (b) of this section, the driver of a 1
vehicle may overtake and pass to the right of another vehicle only: 2
(1) If the overtaken vehicle is making or about to make a left turn; 3
(2) On a highway with unobstructed pavement not occupied by parked 4
vehicles and wide enough for two or more lines of vehicles moving lawfully in the same 5
direction as the overtaking vehicle; [or] 6
(3) On any one–way roadway, if the roadway is free from obstruction and 7
wide enough for two or more lines of moving vehicles; OR 8
(4) WHEN DRIVING A TRANSIT BUS IN A DESIGNATED SHOULDER 9
AREA IN ACCORDANCE W ITH § 21–315 OF THIS SUBTITLE . 10
21–315. 11
(A) (1) THE STATE HIGHWAY ADMINISTRATION , IN CONSULTATION WITH 12
THE MARYLAND TRANSIT ADMINISTRATION AND TH E DEPARTMENT OF STATE 13
POLICE, MAY: 14
(I) DESIGNATE SHOULDER AREAS ON STATE HIGHWAYS THAT 15
MAY BE USED FOR TRAVEL BY STATE OR LOCAL TRANSI T BUSES; AND 16
(II) LIMIT THE USE OF A DESIGNATED SHOULDER AREA TO 17
SPECIFIC DAYS AND TI MES. 18
(2) IN ESTABLISHING A DES IGNATED SHOULDER ARE A, THE STATE 19
HIGHWAY ADMINISTRATION SHALL CONSIDER: 20
(I) RIGHT–OF–WAY AVAILABILITY AND CAPACITY; 21
(II) PEAK CONGESTION HOURS FOR THE SHOULDER UND ER 22
CONSIDERATION ; 23
(III) THE LEVEL OF CONGESTI ON ON THE ROADWAY AD JACENT 24
TO THE SHOULDER ; AND 25
(IV) ANY OTHER FACTOR THE STATE HIGHWAY 26
ADMINISTRATION CONSIDERS R ELEVANT. 27
HOUSE BILL 64 3
(3) THE STATE HIGHWAY ADMINISTRATION SHALL POST SIGNAGE 1
PROXIMATE TO A DESIGNATED SHOULDER AREA TO INDICATE THE BEGINNING AND 2
THE END OF THE DESIGNATED SH OULDER AREA. 3
(B) (1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 4
PARAGRAPH , THE DRIVER OF A TRANSIT BUS MAY DRIVE IN A DESIGNATED 5
SHOULDER A REA. 6
(II) THE DRIVER OF A TRANS IT BUS MAY NOT DRIVE IN A 7
DESIGNATED SHOULDER AREA IF THE SPEED OF TRAFFIC ON THE ADJAC ENT 8
ROADWAY IS 35 MILES PER HOUR OR GREATER. 9
(2) THE DRIVER OF A TRANSIT BUS BEING DRIVEN IN A DESIGNATED 10
SHOULDER AREA : 11
(I) MAY NOT EXCEED THE SP EED OF TRAFFIC ON THE 12
ADJACENT ROADWAY BY MORE THAN 10 MILES PER HOUR ; AND 13
(II) SHALL YIELD TO MERGING , ENTERING, AND EXITING 14
TRAFFIC AND OTHER VE HICLES ON THE SHOULD ER. 15
(C) THE STATE HIGHWAY ADMINISTRATION MAY ADOPT REGULATION S 16
GOVERNING THE ESTABLISHMENT AND USE BY TRANSIT B USES OF DESIGNATED 17
SHOULDER AREAS. 18
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19
October 1, 2022. 20