LAWRENCE J. HOGAN, JR., Governor Ch. 216
– 1 –
Chapter 216
(House Bill 813)
AN ACT concerning
Montgomery County – Speed and School Bus Monitoring Systems
MC 03–22
FOR the purpose of requiring the Montgomery County Department of Transportation, in
conjunction with the State Highway Administration, to construct a median divider
at certain locations where certain citations are issued for violations recorded by
school bus monitoring systems; repealing a prohibition on implementing new speed
monitoring systems to enforce speed limits that have been decreased under a certain
provision of law; requiring the fines collected as a result of violations enforced by
certain new speed monitoring systems to be used to enhance safety at certain
locations; requiring Montgomery County to annually submit a certain report;
requiring Montgomery County, in coordination with the Maryland Department of
Transportation, to examine data relating to school bus stop violations and implement
certain measures; and generally relating to speed and school bus monitoring systems
in Montgomery County.
BY adding to
Article – Transportation
Section 8–663
Annotated Code of Maryland
(2020 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments,
Article – Transportation
Section 21–803(a)
Annotated Code of Maryland
(2020 Replacement Volume and 2021 Supplement)
(As enacted by Chapter 689 of the Acts of the General Assembly of 2021)
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 7–302(e)(4)
Annotated Code of Maryland
(2020 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Transportation
Ch. 216 2022 LAWS OF MARYLAND
– 2 –
8–663.
(A) THIS SECTION APPLIES ONLY IN MONTGOMERY COUNTY.
(B) (1) THE MONTGOMERY COUNTY DEPARTMENT OF
TRANSPORTATION , IN CONJUNCTION WITH THE ADMINISTRATION , SHALL
CONSTRUCT A MEDIAN D IVIDER AT EACH LOCAT ION ON A STATE HIGHWAY WITH TWO
OR MORE TRAFFIC LANE S IN EACH DIRECTION WHERE, DURING A 12–MONTH
PERIOD, MORE THAN 1,000 CITATIONS ARE ISSUED BY A SCHOOL BUS MONI TORING
CAMERA UNDER § 21–706.1 OF THIS ARTICLE FOR VEHICLES RECORDED
APPROACHING A SCHOOL BUS FROM THE OPPOSI TE DIRECTION.
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE
COST OF CONSTRUCTION FOR ANY MEDIAN DIVID ER CONSTRUCTED UNDER THIS
SECTION SHALL BE SHA RED EQUALLY BETWEEN THE MONTGOMERY COUNTY
DEPARTMENT OF TRANSPORTATION AND TH E ADMINISTRATIO N.
(II) IF THE TOTAL AMOUNT O F FINES COLLECTED FO R
CITATIONS DESCRIBED UNDER PARAGRAPH (1) OF THIS SUBSECTION A ND ISSUED
FOR VIOLATIONS RECOR DED AT A PARTICULAR LOCATION IS INSUFFIC IENT TO PAY
FOR MONTGOMERY COUNTY’S SHARE OF THE COST OF THE REQUIRED M EDIAN
DIVIDER AT THAT LOCA TION, THE ADMINISTRATION SHALL PAY THE REMAINING
COST.
21–803.
(a) (1) Except as provided in paragraphs (3) and (4) of this subsection, if, on
the basis of an engineering and traffic investigation, a local authority determines that any
maximum speed limit specified in this subtitle is greater or less than reasonable or safe
under existing conditions on any part of a highway in its jurisdiction, it may establish a
reasonable and safe maximum speed limit for that part of the highway, which may:
(i) Decrease the limit at an intersection;
(ii) Increase the limit in an urban district to not more than 50 miles
per hour;
(iii) Decrease the limit in an urban district; or
(iv) Decrease the limit outside an urban district to not less than 25
miles per hour.
LAWRENCE J. HOGAN, JR., Governor Ch. 216
– 3 –
(2) An engineering and traffic investigation is not required to conform a
posted maximum speed limit in effect on December 31, 1974, to a different limit specified
in § 21–801.1(b) of this subtitle.
(3) Calvert County may decrease the maximum speed limit to not less than
15 miles per hour on Lore Road and, except for Solomons Island Road, each highway south
of Lore Road without performing an engineering and traffic investigation, regardless of
whether the highway is inside an urban district.
(4) (i) This paragraph applies only to:
1. Montgomery County; and
2. Municipalities located in Montgomery County.
(ii) A local authority may decrease the maximum speed limit to not
less than 15 miles per hour on a highway only after performing an engineering and traffic
investigation.
[(iii) A local authority may not implement a new speed monitoring
system to enforce speed limits on any portion of a highway for which the speed limit has
been decreased under this paragraph.]
Article – Courts and Judicial Proceedings
7–302.
(e) (4) (i) From the fines collected by a political subdivision as a result of
violations enforced by speed monitoring systems or school bus monitoring cameras, a
political subdivision:
1. May recover the costs of implementing and administering
the speed monitoring systems or school bus monitoring cameras; and
2. Subject to subparagraphs (ii), (iii), [and] (iv), AND (VI) of
this paragraph, may spend any remaining balance solely for public safety purposes,
including pedestrian safety programs.
(ii) 1. For any fiscal year, if the balance remaining from the fines
collected by a political subdivision as a result of violations enforced by speed monitoring
systems, after the costs of implementing and administering the systems are recovered in
accordance with subparagraph (i)1 of this paragraph, is greater than 10% of the total
revenues of the political subdivision for the fiscal year, the political subdivision shall remit
any funds that exceed 10% of the total revenues to the Comptroller.
Ch. 216 2022 LAWS OF MARYLAND
– 4 –
2. The Comptroller shall deposit any money remitted under
this subparagraph to the General Fund of the State.
(iii) The fines collected by Prince George’s County as a result of
violations enforced by speed monitoring systems on Maryland Route 210 shall be remitted
to the Comptroller for distribution to the State Highway Administration to be used solely
to assist in covering the costs of:
1. Examining the engineering, infrastructure, and other
relevant factors that may contribute to safety issues on Maryland Route 210 in Prince
George’s County;
2. Reporting its findings and recommendations on any
solutions to these safety issues; and
3. Implementing any solutions to these safety issues.
(iv) 1. From the fines collected by Baltimore City as a result of
violations enforced by speed monitoring systems on Interstate 83, any balance remaining
after the allocation of fines under subparagraph (i)1 of this paragraph shall be remitted to
the Comptroller for distribution to the Baltimore City Department of Transportation to be
used solely to assist in covering the cost of roadway improvements on Interstate 83 in
Baltimore City.
2. Fines remitted to the Baltimore City Department of
Transportation under subparagraph (iv)1 of this paragraph are supplemental to and are
not intended to take the place of funding that would otherwise be appropriated for uses
described under subparagraph (iv)1 of this paragraph.
(v) From the fines collected by Anne Arundel County as a result of
violations enforced by speed monitoring systems on Maryland Route 175 (Jessup Road)
between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard
County line, any balance remaining after the allocation of fines under subparagraph (i)1 of
this paragraph shall be remitted to the Comptroller for distribution to the State Highway
Administration to be used solely to assist in covering the cost of speed reduction measures
and roadway and pedestrian safety improvements on Maryland Route 175 (Jessup Road)
between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard
County line.
(VI) 1. FROM THE FINES COLLEC TED BY MONTGOMERY
COUNTY AS A RESULT OF VIOLATIONS ENFORCED BY SPEED MONITORING SYSTEMS
INSTALLED ON OR AFTE R OCTOBER 1, 2022, ON ANY PORTION OF A HIGHWAY FOR
WHICH THE SPEED LIMIT WAS DECREASED UNDER § 21–803 OF THE
TRANSPORTATION ARTICLE, ANY BALANCE REMAININ G AFTER THE ALLOCATI ON OF
FINES UNDER SUBPARAG RAPH (I)1 OF THIS PARAGRAPH SH ALL BE USED ONLY TO LAWRENCE J. HOGAN, JR., Governor Ch. 216
– 5 –
ENHANCE SAFETY AT LO CATIONS IN MONTGOMERY COUNTY AT WHICH HIGH
NUMBERS OF VIOLATION S ARE RECORDED BY SP EED MONITORING SYSTE MS, AS
DETERMINED BY THE MONTGOMERY COUNTY DEPARTMENT OF TRANSPORTATION .
2. ANY FUNDS USED IN ACC ORDANCE WITH
SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH MAY BE USED ONLY AT THE
LOCATION OF THE SP EED MONITORING SYSTE M THAT RECORDED THE VIOLATION.
ON OR BEFORE DECEMBER 31 EACH YEAR, MONTGOMERY COUNTY SHALL:
(I) COMPILE AND MAKE PUBL ICLY AVAILABLE A REP ORT FOR
THE PREVIOUS FISCAL YEAR ON EACH SCHOOL BUS MONITORING SYSTE M
OPERATED BY A LOCAL JURISDICTION UNDER THIS S ECTION; AND
(II) SUBMIT THE REPORT TO MONTGOMERY COUNTY PUBLIC
SCHOOLS, THE MARYLAND DEPARTMENT OF TRANSPORTATION STATE HIGHWAY
ADMINISTRATION , THE MONTGOMERY COUNTY DEPARTMENT OF
TRANSPORTATION , THE MONTGOMERY COUNTY VISION ZERO COORDINATOR, AND,
IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE
MONTGOMERY COUNTY DELEGATION TO THE GENERAL ASSEMBLY.
(2) THE REPORT SHALL INCL UDE:
(I) THE NUMBER OF VIOLATI ONS THAT OCCURRED AT EACH
SCHOOL BUS STOP IN T HE PREVIOUS F ISCAL YEAR;
(II) THE NUMBER OF VIOLATI ONS THAT OCCURRED AT EACH
SCHOOL BUS STOP IN E ACH OF THE 5 FISCAL YEARS PRECEDI NG THE PREVIOUS
FISCAL YEAR;
(III) A BREAKDOWN OF THE VIO LATIONS BY THE DIREC TION IN
WHICH EACH VEHICLE I NVOLVED IN A VIOLATI ON WAS TRAVELLING IN RELATI ON TO
THE STOPPED SCHOOL B US;
(IV) THE TOTAL AMOUNT OF F INES ISSUED FOR VIOL ATIONS AT
EACH SCHOOL BUS STOP IN THE PREVIOUS FISC AL YEAR; AND
(V) THE TOTAL AMOUNT OF F INES ISSUED FOR VIOL ATIONS AT
EACH SCHOOL BUS STOP IN EACH OF THE 5 FISCAL YEARS PRECEDI NG THE
PREVIOUS FISCAL YEAR .
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) Montgomery County, in coordination with the Maryland Department of
Transportation, shall examine school bus stop violation data to determine the 10 school bus Ch. 216 2022 LAWS OF MARYLAND
– 6 –
stop locations at which the highest number of citations for passing a stopped school bus are
issued and implement operational alternatives for those stops including:
(1) ensuring that all public outreach and information about the school bus
camera program and citations issued for violations relating to passing a stopped school bus
are provided in multiple languages;
(2) producing and implementing public hyperlocal education campaigns
about school bus stop laws, in coordination with the Mary land Department of
Transportation State Highway Administration;
(3) improving signage and markings at school bus stops;
(4) identifying and implementing strategies that will improve driver
expectancy and pedestrian safety;
(5) examining alternative penalties for a driver’s first offense for the
purpose of not financially penalizing a driver for failure to know the law or the area;
(6) relocating school bus stops at which the most violations occur to safer
locations, if warranted; and
(7) convening regular meetings between the Montgomery County Public
Schools, the Montgomery County Police Department, and other stakeholders to examine
data trends and explore other plans to reduce violations and improve safety at school bus
stops; and
(b) On or before December 31, 2022, and 2023, Montgomery County shall report,
in accordance with § 2–1257 of the State Government Article, to the Senate Judicial
Proceedings Committee, the House Environment and Transportation Committee, and the
Montgomery County D elegation to the General Assembly on the findings of the
examination that the County has conducted and the actions taken to implement
improvements.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October June 1, 2022. Section 2 of this Act shall remain effective for a period of 2 years and,
at the end of May 31, 2024, Section 2 of this Act, with no further action required by the
General Assembly, shall be abrogated and of no further force and effect.
Approved by the Governor, April 21, 2022.