EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0642*
SENATE BILL 642
R5, L2 2lr2068
By: Senator Cassilly
Introduced and read first time: February 3, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Harford County – Vehicle Height Monitoring Systems 2
FOR the purpose of authorizing the use of vehicle height monitoring systems at certain 3
locations in Harford County to enforce certain State and local laws restricting the 4
presence of certain vehicles during certain times subject to certain requirements; 5
and generally relating to vehicle height monitoring systems in Harford County. 6
BY repealing and reenacting, without amendments, 7
Article – Courts and Judicial Proceedings 8
Section 7–302(e) 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2021 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Transportation 13
Section 24–111.3 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2021 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Courts and Judicial Proceedings 19
7–302. 20
(e) (1) A citation issued pursuant to § 21–202.1, § 21–706.1, § 21–809, § 21
21–810, or § 24–111.3 of the Transportation Article shall provide that the person receiving 22
the citation may elect to stand trial by notifying the issuing agency of the person’s intention 23
to stand trial at least 5 days prior to the date of payment as set forth in the citation. On 24
receipt of the notice to stand trial, the agency shall forward to the District Court having 25 2 SENATE BILL 642
venue a copy of the citation and a copy of the notice from the person who received the 1
citation indicating the person’s intention to stand trial. On receipt thereof, the District 2
Court shall schedule the case for trial and notify the defendant of the trial date under 3
procedures adopted by the Chief Judge of the District Court. 4
(2) A citation issued as the result of a vehicle height monitoring system, a 5
traffic control signal monitoring system, or a speed monitoring system, including a work 6
zone speed control system, controlled by a political subdivision or a school bus monitoring 7
camera shall provide that, in an uncontested case, the penalty shall be paid directly to that 8
political subdivision. A citation issued as the result of a traffic control signal monitoring 9
system or a work zone speed control system controlled by a State agency, or as a result of 10
a vehicle height monitoring system, a traffic control signal monitoring system, a speed 11
monitoring system, or a school bus monitoring camera in a case contested in District Court, 12
shall provide that the penalty shall be paid directly to the District Court. 13
(3) Civil penalties resulting from citations issued using a vehicle height 14
monitoring system, traffic control signal monitoring system, speed monitoring system, 15
work zone speed control system, or school bus monitoring camera that are collected by the 16
District Court shall be collected in accordance with subsection (a) of this section and 17
distributed in accordance with § 12–118 of the Transportation Article. 18
(4) (i) From the fines collected by a political subdivision as a result of 19
violations enforced by speed monitoring systems or school bus monitoring cameras, a 20
political subdivision: 21
1. May recover the costs of implementing and administering 22
the speed monitoring systems or school bus monitoring cameras; and 23
2. Subject to subparagraphs (ii), (iii), and (iv) of this 24
paragraph, may spend any remaining balance solely for public safety purposes, including 25
pedestrian safety programs. 26
(ii) 1. For any fiscal year, if the balance remaining from the fines 27
collected by a political subdivision as a result of violations enforced by speed monitoring 28
systems, after the costs of implementing and administering the systems are recovered in 29
accordance with subparagraph (i)1 of this paragraph, is greater than 10% of the total 30
revenues of the political subdivision for the fiscal year, the political subdivision shall remit 31
any funds that exceed 10% of the total revenues to the Comptroller. 32
2. The Comptroller shall deposit any money remitted under 33
this subparagraph to the General Fund of the State. 34
(iii) The fines collected by Prince George’s County as a result of 35
violations enforced by speed monitoring systems on Maryland Route 210 shall be remitted 36
to the Comptroller for distribution to the State Highway Administration to be used solely 37
to assist in covering the costs of: 38
SENATE BILL 642 3
1. Examining the engineering, infrastructure, and other 1
relevant factors that may contribute to safety issues on Maryland Route 210 in Prince 2
George’s County; 3
2. Reporting its findings and recommendations on any 4
solutions to these safety issues; and 5
3. Implementing any solutions to these safety issues. 6
(iv) 1. From the fines collected by Baltimore City as a result of 7
violations enforced by speed monitoring systems on Interstate 83, any balance remaining 8
after the allocation of fines under subparagraph (i)1 of this paragraph shall be remitted to 9
the Comptroller for distribution to the Baltimore City Department of Transportation to be 10
used solely to assist in covering the cost of roadway improvements on Interstate 83 in 11
Baltimore City. 12
2. Fines remitted to the Baltimore City Department of 13
Transportation under subparagraph (iv)1 of this paragraph are supplemental to and are 14
not intended to take the place of funding that would otherwise be appropriated for uses 15
described under subparagraph (iv)1 of this paragraph. 16
(v) From the fines collected by Anne Arundel County as a result of 17
violations enforced by speed monitoring systems on Maryland Route 175 (Jessup Road) 18
between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 19
County line, any balance remaining after the allocation of fines under subparagraph (i)1 of 20
this paragraph shall be remitted to the Comptroller for distribution to the State Highway 21
Administration to be used solely to assist in covering the cost of speed reduction measures 22
and roadway and pedestrian safety improvements on Maryland Route 175 (Jessup Road) 23
between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 24
County line. 25
(5) From the fines collected by Baltimore City as a result of violations 26
enforced by vehicle height monitoring systems, Baltimore City may: 27
(i) Recover the costs of implementing and administering the vehicle 28
height monitoring systems; and 29
(ii) Spend the remaining balance solely on roadway improvements. 30
Article – Transportation 31
24–111.3. 32
(a) (1) In this section the following words have the meanings indicated. 33
(2) “Local government agency” means an agency of a local jurisdiction that 34
is authorized to issue a citation for a violation of the Maryland Vehicle Law or of local traffic 35 4 SENATE BILL 642
laws or regulations. 1
(3) “Local jurisdiction” means a county or municipal corporation. 2
(4) (i) “Owner” means the registered owner of a motor vehicle. 3
(ii) In Baltimore County, “owner” does not include: 4
1. A motor vehicle rental or leasing company; or 5
2. The holder of an interchangeable registration under Title 6
13, Subtitle 9, Part III of this article. 7
(5) “Recorded image” means an image recorded by a vehicle height 8
monitoring system: 9
(i) On: 10
1. A photograph; 11
2. A microphotograph; 12
3. An electronic image; 13
4. Videotape; or 14
5. Any other medium; and 15
(ii) Showing: 16
1. The front or side of a motor vehicle or combination of 17
vehicles; 18
2. At least two time–stamped images of the motor vehicle or 19
combination of vehicles that include the same stationary object near the motor vehicle or 20
combination of vehicles; and 21
3. On at least one image or portion of tape, a clear and legible 22
identification of the entire registration plate number of the motor vehicle. 23
(6) “Vehicle height monitoring system” means a device with one or more 24
motor vehicle sensors that is capable of producing recorded images of vehicles whose height 25
exceeds a predetermined limit. 26
(b) This section applies only in Baltimore City, Baltimore County, HARFORD 27
COUNTY, and Prince George’s County. 28
SENATE BILL 642 5
(c) (1) A vehicle height monitoring system may be used to record images of 1
vehicles traveling on a highway in a local jurisdiction under this section only if the use of 2
vehicle height monitoring systems is authorized by local law adopted by the governing body 3
of the local jurisdiction after reasonable notice and a public hearing. 4
(2) IN HARFORD COUNTY, A VEHICLE HEIGHT MON ITORING SYSTEM 5
MAY BE USED, SUBJECT TO THE REQUIREMENTS OF THIS SECTION, ONLY ON: 6
(I) SPESUTIA ROAD, FROM THE INTERSECTION OF SPESUTIA 7
ROAD AND U.S. ROUTE 40 TO THE INTERSECTION OF SPESUTIA ROAD AND 8
MARYLAND ROUTE 159; 9
(II) MITCHELL LANE, FROM THE INTERSECTIO N OF MITCHELL 10
LANE AND U.S. ROUTE 40 TO THE INTERSECTION OF MITCHELL LANE AND 11
SPESUTIA ROAD; AND 12
(III) OLD STEPNEY ROAD, FROM THE INTERSECTIO N OF OLD 13
STEPNEY ROAD AND U.S. ROUTE 40 TO THE INTERSECTION OF OLD STEPNEY ROAD 14
AND SPESUTIA ROAD. 15
[(2)] (3) Before a local jurisdiction places or installs a vehicle height 16
monitoring system at a particular location, it shall: 17
(i) Conduct an analysis to determine the appropriateness of the 18
location; and 19
(ii) Obtain the approval of the chief official of the local government 20
agency or the chief official’s designee. 21
[(3)] (4) Before activating a vehicle height monitoring system, a local 22
jurisdiction shall: 23
(i) Publish notice of the location of the vehicle height monitoring 24
system on its website and in a newspaper of general circulation in the jurisdiction; and 25
(ii) Ensure that all signs stating restrictions on the presence of 26
certain vehicles during certain times approaching and within the segment of highway on 27
which the vehicle height monitoring system is located include signs that: 28
1. Are in accordance with the manual and specifications for 29
a uniform system of traffic control devices adopted by the State Highway Administration 30
under § 25–104 of this article; and 31
2. Indicate that a vehicle height monitoring system is in use. 32
(d) A vehicle height monitoring system operator shall fill out and sign a daily 33 6 SENATE BILL 642
set–up log for a vehicle height monitoring system that: 1
(1) States that the operator successfully performed the 2
manufacturer–specified self–test of the vehicle height monitoring system before producing 3
a recorded image; 4
(2) Shall be kept on file; and 5
(3) Shall be admitted as evidence in any court proceeding for a violation of 6
this section. 7
(e) (1) Unless the driver of the motor vehicle or combination of vehicles 8
received a citation from a police officer at the time of the violation, the owner of a motor 9
vehicle or combination of vehicles is subject to a civil penalty if the motor vehicle or 10
combination of vehicles is recorded by a vehicle height monitoring system while being 11
operated in violation of a State or local law restricting the presence of certain vehicles 12
during certain times. 13
(2) A civil penalty under this subsection may not exceed: 14
(i) For a second violation by the owner of the motor vehicle, $250; 15
and 16
(ii) For a third or subsequent violation by the owner of the motor 17
vehicle, $500. 18
(3) For purposes of this section, the District Court shall prescribe: 19
(i) A uniform citation form consistent with paragraphs (1) and (2) of 20
this subsection and § 7–302 of the Courts Article; and 21
(ii) A civil penalty, which shall be indicated on the citation, to be paid 22
by persons who choose to prepay the civil penalty without appearing in District Court. 23
(f) (1) Subject to the provisions of paragraphs (2) and (3) of this subsection, a 24
local government agency or, in Baltimore City, the Baltimore City Department of 25
Transportation shall mail to an owner liable under this section a citation that shall include: 26
(i) The name and address of the registered owner of the motor 27
vehicle; 28
(ii) The registration number of the motor vehicle involved in the 29
violation; 30
(iii) The violation charged; 31
(iv) The location at which the violation occurred; 32 SENATE BILL 642 7
(v) The date and time of the violation; 1
(vi) A copy of the recorded image; 2
(vii) The amount of the civil penalty imposed and the date by which 3
the civil penalty should be paid; 4
(viii) A signed statement by a duly authorized law enforcement officer 5
commissioned by the local government agency that, based on inspection of the recorded 6
image, the motor vehicle or combination of vehicles was being operated in violation of a 7
State or local law restricting the presence of certain vehicles during certain times; 8
(ix) A statement that the recorded image is evidence of the violation; 9
(x) Information advising the owner alleged to be liable under this 10
section of the manner and time in which liability as alleged in the citation may be contested 11
in the District Court; and 12
(xi) Information advising the owner alleged to be liable under this 13
section that failure to pay the civil penalty or to contest liability in a timely manner is an 14
admission of liability. 15
(2) A local government agency or, in Baltimore City, the Baltimore City 16
Department of Transportation shall, for a first violation, mail a warning notice instead of 17
a citation to an owner liable under this section. 18
(3) A citation issued under this section shall be mailed no later than 30 19
days after the alleged violation. 20
(4) A person who receives a citation under this section may: 21
(i) Pay the civil penalty, in accordance with instructions on the 22
citation, directly to the local jurisdiction; or 23
(ii) Elect to stand trial in the District Court for the alleged violation. 24
(g) (1) A certificate alleging that a violation of a State or local law restricting 25
the presence of certain vehicles during certain times occurred and that the requirements 26
under subsections (c) and (d) of this section have been affirmed by a duly authorized law 27
enforcement officer commissioned by a local government agency, based on inspection of the 28
recorded image produced by the vehicle height monitoring system, shall be: 29
(i) Evidence of the facts contained in the certificate; and 30
(ii) Admissible in a proceeding alleging a violation under this section 31
without the presence or testimony of the vehicle height monitoring system operator. 32 8 SENATE BILL 642
(2) If a person who received a citation under this section desires the vehicle 1
height monitoring system operator to be present and testify at trial, the person shall notify 2
the court and the State in writing no later than 20 days before trial. 3
(3) Adjudication of liability shall be based on a preponderance of evidence. 4
(h) (1) The District Court may consider in defense of a violation: 5
(i) Subject to paragraph (2) of this subsection, that the motor vehicle 6
or the registration plates of the motor vehicle were stolen before the violation occurred and 7
were not under the control or possession of the owner at the time of the violation; and 8
(ii) Any other issues and evidence that the District Court deems 9
pertinent. 10
(2) To demonstrate that the motor vehicle or the registration plates were 11
stolen before the violation occurred and were not under the control or possession of the 12
owner at the time of the violation, the owner shall submit proof that a police report 13
regarding the stolen motor vehicle or registration plates was filed in a timely manner. 14
(i) A violation for which a civil penalty is imposed under this section: 15
(1) Is not a moving violation for the purpose of assessing points under § 16
16–402 of this article; 17
(2) May not be recorded by the Administration on the driving record of the 18
owner of the vehicle; 19
(3) May not be treated as a parking violation for purposes of § 26–305 of 20
this article; and 21
(4) May not be considered in the provision of motor vehicle insurance 22
coverage. 23
(j) In consultation with the appropriate local government agency, the Chief Judge 24
of the District Court shall adopt procedures for the issuance of citations, the trial of civil 25
violations, and the collection of civil penalties under this section. 26
(k) (1) A local government agency or, in Baltimore City, the Baltimore City 27
Department of Transportation, or a contractor designated by the local government agency 28
or, in Baltimore City, the Baltimore City Department of Transportation, shall administer 29
and process civil citations issued under this section in coordination with the District Court. 30
(2) If a contractor operates a vehicle height monitoring system on behalf of 31
a local jurisdiction, the contractor’s fee may not be contingent on the number of citations 32
issued or paid. 33 SENATE BILL 642 9
(l) (1) This subsection applies only in Baltimore County. 1
(2) Before the installation of any vehicle height monitoring systems, the 2
governing body of the local jurisdiction shall: 3
(i) Establish a workgroup including commercial transportation 4
industry representatives to assist the local government in: 5
1. Evaluating existing truck routes; 6
2. Identifying areas for vehicle height monitoring 7
enforcement; and 8
3. Evaluating existing signage and identifying locations 9
where signage could be improved; and 10
(ii) Adopt a local law limiting the overall number of vehicle height 11
monitoring systems that may be placed in the local jurisdiction. 12
(3) The governing body of the local jurisdiction may adopt a local law 13
exempting certain vehicles from the enforcement of height restrictions by a vehicle height 14
monitoring system in the local jurisdiction. 15
(m) (1) This subsection applies only in Prince George’s County. 16
(2) Before the installation of any vehicle height monitoring systems, the 17
governing body of Prince George’s County and the President of the Prince George’s County 18
Municipal Association shall jointly establish a workgroup to assist in: 19
(i) Identifying the entity responsible for the installation costs, 20
collection of revenue, and distribution of revenue relating to vehicle height monitoring 21
enforcement; 22
(ii) Evaluating existing signage and identifying any locations where 23
signage could be improved; 24
(iii) Determining the overall number of vehicle height monitoring 25
systems that may be placed within a municipal corporation; and 26
(iv) Clarifying which vehicles may be exempt from enforcement of 27
height restrictions. 28
(n) (1) This subsection applies only in Prince George’s County. 29
(2) Before the installation of any vehicle height monitoring systems, the 30
governing body of the local jurisdiction shall: 31 10 SENATE BILL 642
(i) Establish a workgroup including commercial transportation 1
industry representatives to assist the local government in: 2
1. Evaluating existing truck routes; 3
2. Identifying areas for vehicle height monitoring 4
enforcement; and 5
3. Evaluating existing signage and identifying locations 6
where signage could be improved; and 7
(ii) Adopt a local law limiting the overall number of vehicle height 8
monitoring systems that may be placed in the local jurisdiction. 9
(3) The governing body of the local jurisdiction may adopt a local law 10
exempting certain vehicles from the enforcement of height restrictions by a vehicle height 11
monitoring system in the local jurisdiction. 12
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2022. 14