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