MD
Maryland Senate Bill SB642

Maryland 2022 Regular Session

Maryland Senate Bill SB642 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 379
21
3-– 1 –
4-Chapter 379
5-(Senate Bill 642)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0642*
810
9-Harford County – Vehicle Height Monitoring Systems
11+SENATE BILL 642
12+R5, L2 EMERGENCY BILL (2lr2068)
13+ENROLLED BILL
14+— Judicial Proceedings/Environment and Transportation —
15+Introduced by Senator Cassilly
1016
11-FOR the purpose of authorizing the use of vehicle height monitoring systems at certain
12-locations in Harford County to enforce certain State and local laws restricting the
13-presence of certain vehicles during certain times subject to certain requirements;
14-and generally relating to vehicle height monitoring systems in Harford County.
17+Read and Examined by Proofreaders:
1518
16-BY repealing and reenacting, without amendments,
17- Article – Courts and Judicial Proceedings
18-Section 7–302(e)
19- Annotated Code of Maryland
20- (2020 Replacement Volume and 2021 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2123
22-BY repealing and reenacting, with amendments,
23- Article – Transportation
24-Section 24–111.3
25- Annotated Code of Maryland
26- (2020 Replacement Volume and 2021 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
2725
28- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
29-That the Laws of Maryland read as follows:
26+_______ day of _______________ at ________________________ o’clock, ________M.
3027
31-Article – Courts and Judicial Proceedings
28+______________________________________________
29+President.
3230
33-7–302.
31+CHAPTER ______
3432
35- (e) (1) A citation issued pursuant to § 21–202.1, § 21–706.1, § 21–809, §
36-21–810, or § 24–111.3 of the Transportation Article shall provide that the person receiving
37-the citation may elect to stand trial by notifying the issuing agency of the person’s intention
38-to stand trial at least 5 days prior to the date of payment as set forth in the citation. On
39-receipt of the notice to stand trial, the agency shall forward to the District Court having
40-venue a copy of the citation and a copy of the notice from the person who received the
41-citation indicating the person’s intention to stand trial. On receipt thereof, the District
42-Court shall schedule the case for trial and notify the defendant of the trial date under
43-procedures adopted by the Chief Judge of the District Court.
33+AN ACT concerning 1
4434
45- (2) A citation issued as the result of a vehicle height monitoring system, a
46-traffic control signal monitoring system, or a speed monitoring system, including a work
47-zone speed control system, controlled by a political subdivision or a school bus monitoring
48-camera shall provide that, in an uncontested case, the penalty shall be paid directly to that
49-political subdivision. A citation issued as the result of a traffic control signal monitoring Ch. 379 2022 LAWS OF MARYLAND
35+Harford County – Vehicle Height Monitoring Systems 2
5036
51-– 2 –
52-system or a work zone speed control system controlled by a State agency, or as a result of
53-a vehicle height monitoring system, a traffic control signal monitoring system, a speed
54-monitoring system, or a school bus monitoring camera in a case contested in District Court,
55-shall provide that the penalty shall be paid directly to the District Court.
37+FOR the purpose of authorizing the use of vehicle height monitoring systems at certain 3
38+locations in Harford County to enforce certain State and local laws restricting the 4
39+presence of certain vehicles during certain times subject to certain requirements; 5
40+and generally relating to vehicle height monitoring systems in Harford County. 6
5641
57- (3) Civil penalties resulting from citations issued using a vehicle height
58-monitoring system, traffic control signal monitoring system, speed monitoring system,
59-work zone speed control system, or school bus monitoring camera that are collected by the
60-District Court shall be collected in accordance with subsection (a) of this section and
61-distributed in accordance with § 12–118 of the Transportation Article.
42+BY repealing and reenacting, without amendments, 7
43+ Article – Courts and Judicial Proceedings 8
44+Section 7–302(e) 9
45+ Annotated Code of Maryland 10
46+ (2020 Replacement Volume and 2021 Supplement) 11
6247
63- (4) (i) From the fines collected by a political subdivision as a result of
64-violations enforced by speed monitoring systems or school bus monitoring cameras, a
65-political subdivision:
48+BY repealing and reenacting, with amendments, 12
49+ Article – Transportation 13 2 SENATE BILL 642
6650
67- 1. May recover the costs of implementing and administering
68-the speed monitoring systems or school bus monitoring cameras; and
6951
70- 2. Subject to subparagraphs (ii), (iii), and (iv) of this
71-paragraph, may spend any remaining balance solely for public safety purposes, including
72-pedestrian safety programs.
52+Section 24–111.3 1
53+ Annotated Code of Maryland 2
54+ (2020 Replacement Volume and 2021 Supplement) 3
7355
74- (ii) 1. For any fiscal year, if the balance remaining from the fines
75-collected by a political subdivision as a result of violations enforced by speed monitoring
76-systems, after the costs of implementing and administering the systems are recovered in
77-accordance with subparagraph (i)1 of this paragraph, is greater than 10% of the total
78-revenues of the political subdivision for the fiscal year, the political subdivision shall remit
79-any funds that exceed 10% of the total revenues to the Comptroller.
56+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 4
57+That the Laws of Maryland read as follows: 5
8058
81- 2. The Comptroller shall deposit any money remitted under
82-this subparagraph to the General Fund of the State.
59+Article – Courts and Judicial Proceedings 6
8360
84- (iii) The fines collected by Prince George’s County as a result of
85-violations enforced by speed monitoring systems on Maryland Route 210 shall be remitted
86-to the Comptroller for distribution to the State Highway Administration to be used solely
87-to assist in covering the costs of:
61+7–302. 7
8862
89- 1. Examining the engineering, infrastructure, and other
90-relevant factors that may contribute to safety issues on Maryland Route 210 in Prince
91-George’s County;
63+ (e) (1) A citation issued pursuant to § 21–202.1, § 21–706.1, § 21–809, § 8
64+21–810, or § 24–111.3 of the Transportation Article shall provide that the person receiving 9
65+the citation may elect to stand trial by notifying the issuing agency of the person’s intention 10
66+to stand trial at least 5 days prior to the date of payment as set forth in the citation. On 11
67+receipt of the notice to stand trial, the agency shall forward to the District Court having 12
68+venue a copy of the citation and a copy of the notice from the person who received the 13
69+citation indicating the person’s intention to stand trial. On receipt thereof, the District 14
70+Court shall schedule the case for trial and notify the defendant of the trial date under 15
71+procedures adopted by the Chief Judge of the District Court. 16
9272
93- 2. Reporting its findings and recommendations on any
94-solutions to these safety issues; and
73+ (2) A citation issued as the result of a vehicle height monitoring system, a 17
74+traffic control signal monitoring system, or a speed monitoring system, including a work 18
75+zone speed control system, controlled by a political subdivision or a school bus monitoring 19
76+camera shall provide that, in an uncontested case, the penalty shall be paid directly to that 20
77+political subdivision. A citation issued as the result of a traffic control signal monitoring 21
78+system or a work zone speed control system controlled by a State agency, or as a result of 22
79+a vehicle height monitoring system, a traffic control signal monitoring system, a speed 23
80+monitoring system, or a school bus monitoring camera in a case contested in District Court, 24
81+shall provide that the penalty shall be paid directly to the District Court. 25
9582
96- 3. Implementing any solutions to these safety issues.
97- LAWRENCE J. HOGAN, JR., Governor Ch. 379
83+ (3) Civil penalties resulting from citations issued using a vehicle height 26
84+monitoring system, traffic control signal monitoring system, speed monitoring system, 27
85+work zone speed control system, or school bus monitoring camera that are collected by the 28
86+District Court shall be collected in accordance with subsection (a) of this section and 29
87+distributed in accordance with § 12–118 of the Transportation Article. 30
9888
99-– 3 –
100- (iv) 1. From the fines collected by Baltimore City as a result of
101-violations enforced by speed monitoring systems on Interstate 83, any balance remaining
102-after the allocation of fines under subparagraph (i)1 of this paragraph shall be remitted to
103-the Comptroller for distribution to the Baltimore City Department of Transportation to be
104-used solely to assist in covering the cost of roadway improvements on Interstate 83 in
105-Baltimore City.
89+ (4) (i) From the fines collected by a political subdivision as a result of 31
90+violations enforced by speed monitoring systems or school bus monitoring cameras, a 32
91+political subdivision: 33
10692
107- 2. Fines remitted to the Baltimore City Department of
108-Transportation under subparagraph (iv)1 of this paragraph are supplemental to and are
109-not intended to take the place of funding that would otherwise be appropriated for uses
110-described under subparagraph (iv)1 of this paragraph.
93+ 1. May recover the costs of implementing and administering 34
94+the speed monitoring systems or school bus monitoring cameras; and 35
11195
112- (v) From the fines collected by Anne Arundel County as a result of
113-violations enforced by speed monitoring systems on Maryland Route 175 (Jessup Road)
114-between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard
115-County line, any balance remaining after the allocation of fines under subparagraph (i)1 of
116-this paragraph shall be remitted to the Comptroller for distribution to the State Highway
117-Administration to be used solely to assist in covering the cost of speed reduction measures
118-and roadway and pedestrian safety improvements on Maryland Route 175 (Jessup Road)
119-between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard
120-County line.
96+ 2. Subject to subparagraphs (ii), (iii), and (iv) of this 36
97+paragraph, may spend any remaining balance solely for public safety purposes, including 37
98+pedestrian safety programs. 38 SENATE BILL 642 3
12199
122- (5) From the fines collected by Baltimore City as a result of violations
123-enforced by vehicle height monitoring systems, Baltimore City may:
124100
125- (i) Recover the costs of implementing and administering the vehicle
126-height monitoring systems; and
127101
128- (ii) Spend the remaining balance solely on roadway improvements.
102+ (ii) 1. For any fiscal year, if the balance remaining from the fines 1
103+collected by a political subdivision as a result of violations enforced by speed monitoring 2
104+systems, after the costs of implementing and administering the systems are recovered in 3
105+accordance with subparagraph (i)1 of this paragraph, is greater than 10% of the total 4
106+revenues of the political subdivision for the fiscal year, the political subdivision shall remit 5
107+any funds that exceed 10% of the total revenues to the Comptroller. 6
129108
130-Article – Transportation
109+ 2. The Comptroller shall deposit any money remitted under 7
110+this subparagraph to the General Fund of the State. 8
131111
132-24–111.3.
112+ (iii) The fines collected by Prince George’s County as a result of 9
113+violations enforced by speed monitoring systems on Maryland Route 210 shall be remitted 10
114+to the Comptroller for distribution to the State Highway Administration to be used solely 11
115+to assist in covering the costs of: 12
133116
134- (a) (1) In this section the following words have the meanings indicated.
117+ 1. Examining the engineering, infrastructure, and other 13
118+relevant factors that may contribute to safety issues on Maryland Route 210 in Prince 14
119+George’s County; 15
135120
136- (2) “Local government agency” means an agency of a local jurisdiction that
137-is authorized to issue a citation for a violation of the Maryland Vehicle Law or of local traffic
138-laws or regulations.
121+ 2. Reporting its findings and recommendations on any 16
122+solutions to these safety issues; and 17
139123
140- (3) “Local jurisdiction” means a county or municipal corporation.
124+ 3. Implementing any solutions to these safety issues. 18
141125
142- (4) (i) “Owner” means the registered owner of a motor vehicle.
126+ (iv) 1. From the fines collected by Baltimore City as a result of 19
127+violations enforced by speed monitoring systems on Interstate 83, any balance remaining 20
128+after the allocation of fines under subparagraph (i)1 of this paragraph shall be remitted to 21
129+the Comptroller for distribution to the Baltimore City Department of Transportation to be 22
130+used solely to assist in covering the cost of roadway improvements on Interstate 83 in 23
131+Baltimore City. 24
143132
144- (ii) In Baltimore County, “owner” does not include:
145- Ch. 379 2022 LAWS OF MARYLAND
133+ 2. Fines remitted to the Baltimore City Department of 25
134+Transportation under subparagraph (iv)1 of this paragraph are supplemental to and are 26
135+not intended to take the place of funding that would otherwise be appropriated for uses 27
136+described under subparagraph (iv)1 of this paragraph. 28
146137
147-– 4 –
148- 1. A motor vehicle rental or leasing company; or
138+ (v) From the fines collected by Anne Arundel County as a result of 29
139+violations enforced by speed monitoring systems on Maryland Route 175 (Jessup Road) 30
140+between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 31
141+County line, any balance remaining after the allocation of fines under subparagraph (i)1 of 32
142+this paragraph shall be remitted to the Comptroller for distribution to the State Highway 33
143+Administration to be used solely to assist in covering the cost of speed reduction measures 34
144+and roadway and pedestrian safety improvements on Maryland Route 175 (Jessup Road) 35
145+between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 36
146+County line. 37
147+ 4 SENATE BILL 642
149148
150- 2. The holder of an interchangeable registration under Title
151-13, Subtitle 9, Part III of this article.
152149
153- (5) “Recorded image” means an image recorded by a vehicle height
154-monitoring system:
150+ (5) From the fines collected by Baltimore City as a result of violations 1
151+enforced by vehicle height monitoring systems, Baltimore City may: 2
155152
156- (i) On:
153+ (i) Recover the costs of implementing and administering the vehicle 3
154+height monitoring systems; and 4
157155
158- 1. A photograph;
156+ (ii) Spend the remaining balance solely on roadway improvements. 5
159157
160- 2. A microphotograph;
158+Article – Transportation 6
161159
162- 3. An electronic image;
160+24–111.3. 7
163161
164- 4. Videotape; or
162+ (a) (1) In this section the following words have the meanings indicated. 8
165163
166- 5. Any other medium; and
164+ (2) “Local government agency” means an agency of a local jurisdiction that 9
165+is authorized to issue a citation for a violation of the Maryland Vehicle Law or of local traffic 10
166+laws or regulations. 11
167167
168- (ii) Showing:
168+ (3) “Local jurisdiction” means a county or municipal corporation. 12
169169
170- 1. The front or side of a motor vehicle or combination of
171-vehicles;
170+ (4) (i) “Owner” means the registered owner of a motor vehicle. 13
172171
173- 2. At least two time–stamped images of the motor vehicle or
174-combination of vehicles that include the same stationary object near the motor vehicle or
175-combination of vehicles; and
172+ (ii) In Baltimore County, “owner” does not include: 14
176173
177- 3. On at least one image or portion of tape, a clear and legible
178-identification of the entire registration plate number of the motor vehicle.
174+ 1. A motor vehicle rental or leasing company; or 15
179175
180- (6) “Vehicle height monitoring system” means a device with one or more
181-motor vehicle sensors that is capable of producing recorded images of vehicles whose height
182-exceeds a predetermined limit.
176+ 2. The holder of an interchangeable registration under Title 16
177+13, Subtitle 9, Part III of this article. 17
183178
184- (b) This section applies only in Baltimore City, Baltimore County, HARFORD
185-COUNTY, and Prince George’s County.
179+ (5) “Recorded image” means an image re corded by a vehicle height 18
180+monitoring system: 19
186181
187- (c) (1) A vehicle height monitoring system may be used to record images of
188-vehicles traveling on a highway in a local jurisdiction under this section only if the use of
189-vehicle height monitoring systems is authorized by local law adopted by the governing body
190-of the local jurisdiction after reasonable notice and a public hearing.
182+ (i) On: 20
191183
192- (2) IN HARFORD COUNTY, A VEHICLE HEIGHT MON ITORING SYSTEM
193-MAY BE USED, SUBJECT TO THE REQUI REMENTS OF THIS SECT ION, ONLY ON: LAWRENCE J. HOGAN, JR., Governor Ch. 379
184+ 1. A photograph; 21
194185
195-– 5 –
186+ 2. A microphotograph; 22
196187
197- (I) SPESUTIA ROAD, FROM THE INTERSECTIO N OF SPESUTIA
198-ROAD AND U.S. ROUTE 40 TO THE INTERSECTION OF SPESUTIA ROAD AND
199-MARYLAND ROUTE 159;
188+ 3. An electronic image; 23
200189
201- (II) MITCHELL LANE, FROM THE INTERSECTIO N OF MITCHELL
202-LANE AND U.S. ROUTE 40 TO THE INTERSECTION OF MITCHELL LANE AND
203-SPESUTIA ROAD; AND
190+ 4. Videotape; or 24
204191
205- (III) OLD STEPNEY ROAD, FROM THE INTERSECTIO N OF OLD
206-STEPNEY ROAD AND U.S. ROUTE 40 TO THE INTERSECTION OF OLD STEPNEY ROAD
207-AND SPESUTIA ROAD.
192+ 5. Any other medium; and 25
208193
209- [(2)] (3) Before a local jurisdiction places or installs a vehicle height
210-monitoring system at a particular location, it shall:
194+ (ii) Showing: 26
195+ SENATE BILL 642 5
211196
212- (i) Conduct an analysis to determine the appropriateness of the
213-location; and
214197
215- (ii) Obtain the approval of the chief official of the local government
216-agency or the chief official’s designee.
198+ 1. The front or side of a motor vehicle or combination of 1
199+vehicles; 2
217200
218- [(3)] (4) Before activating a vehicle height monitoring system, a local
219-jurisdiction shall:
201+ 2. At least two time–stamped images of the motor vehicle or 3
202+combination of vehicles that include the same stationary object near the motor vehicle or 4
203+combination of vehicles; and 5
220204
221- (i) Publish notice of the location of the vehicle height monitoring
222-system on its website and in a newspaper of general circulation in the jurisdiction; and
205+ 3. On at least one image or portion of tape, a clear and legible 6
206+identification of the entire registration plate number of the motor vehicle. 7
223207
224- (ii) Ensure that all signs stating restrictions on the presence of
225-certain vehicles during certain times approaching and within the segment of highway on
226-which the vehicle height monitoring system is located include signs that:
208+ (6) “Vehicle height monitoring system” means a device with one or more 8
209+motor vehicle sensors that is capable of producing recorded images of vehicles whose height 9
210+exceeds a predetermined limit. 10
227211
228- 1. Are in accordance with the manual and specifications for
229-a uniform system of traffic control devices adopted by the State Highway Administration
230-under § 25–104 of this article; and
212+ (b) This section applies only in Baltimore City, Baltimore County, HARFORD 11
213+COUNTY, and Prince George’s County. 12
231214
232- 2. Indicate that a vehicle height monitoring system is in use.
215+ (c) (1) A vehicle height monitoring system may be used to record images of 13
216+vehicles traveling on a highway in a local jurisdiction under this section only if the use of 14
217+vehicle height monitoring systems is authorized by local law adopted by the governing body 15
218+of the local jurisdiction after reasonable notice and a public hearing. 16
233219
234- (d) A vehicle height monitoring system operator shall fill out and sign a daily
235-set–up log for a vehicle height monitoring system that:
220+ (2) IN HARFORD COUNTY, A VEHICLE HEIGHT MON ITORING SYSTEM 17
221+MAY BE USED, SUBJECT TO THE REQUI REMENTS OF THIS SECT ION, ONLY ON: 18
236222
237- (1) States that the opera tor successfully performed the
238-manufacturer–specified self–test of the vehicle height monitoring system before producing
239-a recorded image;
223+ (I) SPESUTIA ROAD, FROM THE INTERSECTIO N OF SPESUTIA 19
224+ROAD AND U.S. ROUTE 40 TO THE INTERSECTION OF SPESUTIA ROAD AND 20
225+MARYLAND ROUTE 159; 21
240226
241- (2) Shall be kept on file; and Ch. 379 2022 LAWS OF MARYLAND
227+ (II) MITCHELL LANE, FROM THE INTERSECTIO N OF MITCHELL 22
228+LANE AND U.S. ROUTE 40 TO THE INTERSECTION OF MITCHELL LANE AND 23
229+SPESUTIA ROAD; AND 24
242230
243-– 6 –
231+ (III) OLD STEPNEY ROAD, FROM THE INTERSECTIO N OF OLD 25
232+STEPNEY ROAD AND U.S. ROUTE 40 TO THE INTERSECTION OF OLD STEPNEY ROAD 26
233+AND SPESUTIA ROAD. 27
244234
245- (3) Shall be admitted as evidence in any court proceeding for a violation of
246-this section.
235+ [(2)] (3) Before a local jurisdiction places or installs a vehicle height 28
236+monitoring system at a particular location, it shall: 29
247237
248- (e) (1) Unless the driver of the motor vehicle or combination of vehicles
249-received a citation from a police officer at the time of the violation, the owner of a motor
250-vehicle or combination of vehicles is subject to a civil penalty if the motor vehicle or
251-combination of vehicles is recorded by a vehicle height monitoring system while being
252-operated in violation of a State or local law restricting the presence of certain vehicles
253-during certain times.
238+ (i) Conduct an analysis to determine the appropriateness of the 30
239+location; and 31
254240
255- (2) A civil penalty under this subsection may not exceed:
241+ (ii) Obtain the approval of the chief official of the local government 32
242+agency or the chief official’s designee. 33
243+ 6 SENATE BILL 642
256244
257- (i) For a second violation by the owner of the motor vehicle, $250;
258-and
259245
260- (ii) For a third or subsequent violation by the owner of the motor
261-vehicle, $500.
246+ [(3)] (4) Before activating a vehicle height monitoring system, a local 1
247+jurisdiction shall: 2
262248
263- (3) For purposes of this section, the District Court shall prescribe:
249+ (i) Publish notice of the location of the vehicle height monitoring 3
250+system on its website and in a newspaper of general circulation in the jurisdiction; and 4
264251
265- (i) A uniform citation form consistent with paragraphs (1) and (2) of
266-this subsection and § 7–302 of the Courts Article; and
252+ (ii) Ensure that all signs stating restrictions on the presence of 5
253+certain vehicles during certain times approaching and within the segment of highway on 6
254+which the vehicle height monitoring system is located include signs that: 7
267255
268- (ii) A civil penalty, which shall be indicated on the citation, to be paid
269-by persons who choose to prepay the civil penalty without appearing in District Court.
256+ 1. Are in accordance with the manual and specifications for 8
257+a uniform system of traffic control devices adopted by the State Highway Administration 9
258+under § 25–104 of this article; and 10
270259
271- (f) (1) Subject to the provisions of paragraphs (2) and (3) of this subsection, a
272-local government agency or, in Baltimore City, the Baltimore City Department of
273-Transportation shall mail to an owner liable under this section a citation that shall include:
260+ 2. Indicate that a vehicle height monitoring system is in use. 11
274261
275- (i) The name and address of the registered owner of the motor
276-vehicle;
262+ (d) A vehicle height monitoring system operator shall fill out and sign a daily 12
263+set–up log for a vehicle height monitoring system that: 13
277264
278- (ii) The registration number of the motor vehicle involved in the
279-violation;
265+ (1) States that the operator successful ly performed the 14
266+manufacturer–specified self–test of the vehicle height monitoring system before producing 15
267+a recorded image; 16
280268
281- (iii) The violation charged;
269+ (2) Shall be kept on file; and 17
282270
283- (iv) The location at which the violation occurred;
271+ (3) Shall be admitted as evidence in any court proceeding for a violation of 18
272+this section. 19
284273
285- (v) The date and time of the violation;
274+ (e) (1) Unless the driver of the motor vehicle or combination of vehicles 20
275+received a citation from a police officer at the time of the violation, the owner of a motor 21
276+vehicle or combination of vehicles is subject to a civil penalty if the motor vehicle or 22
277+combination of vehicles is recorded by a vehicle height monitoring system while being 23
278+operated in violation of a State or local law restricting the presence of certain vehicles 24
279+during certain times. 25
286280
287- (vi) A copy of the recorded image;
288- LAWRENCE J. HOGAN, JR., Governor Ch. 379
281+ (2) A civil penalty under this subsection may not exceed: 26
289282
290-– 7 –
291- (vii) The amount of the civil penalty imposed and the date by which
292-the civil penalty should be paid;
283+ (i) For a second violation by the owner of the motor vehicle, $250; 27
284+and 28
293285
294- (viii) A signed statement by a duly authorized law enforcement officer
295-commissioned by the local government agency that, based on inspection of the recorded
296-image, the motor vehicle or combination of vehicles was being operated in violation of a
297-State or local law restricting the presence of certain vehicles during certain times;
286+ (ii) For a third or subsequent violation by the owner of the motor 29
287+vehicle, $500. 30
298288
299- (ix) A statement that the recorded image is evidence of the violation;
289+ (3) For purposes of this section, the District Court shall prescribe: 31
300290
301- (x) Information advising the owner alleged to be liable under this
302-section of the manner and time in which liability as alleged in the citation may be contested
303-in the District Court; and
291+ (i) A uniform citation form consistent with paragraphs (1) and (2) of 32
292+this subsection and § 7–302 of the Courts Article; and 33 SENATE BILL 642 7
304293
305- (xi) Information advising the owner alleged to be liable under this
306-section that failure to pay the civil penalty or to contest liability in a timely manner is an
307-admission of liability.
308294
309- (2) A local government agency or, in Baltimore City, the Baltimore City
310-Department of Transportation shall, for a first violation, mail a warning notice instead of
311-a citation to an owner liable under this section.
312295
313- (3) A citation issued under this section shall be mailed no later than 30
314-days after the alleged violation.
296+ (ii) A civil penalty, which shall be indicated on the citation, to be paid 1
297+by persons who choose to prepay the civil penalty without appearing in District Court. 2
315298
316- (4) A person who receives a citation under this section may:
299+ (f) (1) Subject to the provisions of paragraphs (2) and (3) of this subsection, a 3
300+local government agency or, in Baltimore City, the Baltimore City Department of 4
301+Transportation shall mail to an owner liable under this section a citation that shall include: 5
317302
318- (i) Pay the civil penalty, in accordance with instructions on the
319-citation, directly to the local jurisdiction; or
303+ (i) The name and address of the registered owner of the motor 6
304+vehicle; 7
320305
321- (ii) Elect to stand trial in the District Court for the alleged violation.
306+ (ii) The registration number of the motor vehicle involved in the 8
307+violation; 9
322308
323- (g) (1) A certificate alleging that a violation of a State or local law restricting
324-the presence of certain vehicles during certain times occurred and that the requirements
325-under subsections (c) and (d) of this section have been affirmed by a duly authorized law
326-enforcement officer commissioned by a local government agency, based on inspection of the
327-recorded image produced by the vehicle height monitoring system, shall be:
309+ (iii) The violation charged; 10
328310
329- (i) Evidence of the facts contained in the certificate; and
311+ (iv) The location at which the violation occurred; 11
330312
331- (ii) Admissible in a proceeding alleging a violation under this section
332-without the presence or testimony of the vehicle height monitoring system operator.
313+ (v) The date and time of the violation; 12
333314
334- (2) If a person who received a citation under this section desires the vehicle
335-height monitoring system operator to be present and testify at trial, the person shall notify
336-the court and the State in writing no later than 20 days before trial. Ch. 379 2022 LAWS OF MARYLAND
315+ (vi) A copy of the recorded image; 13
337316
338-– 8 –
317+ (vii) The amount of the civil penalty imposed and the date by which 14
318+the civil penalty should be paid; 15
339319
340- (3) Adjudication of liability shall be based on a preponderance of evidence.
320+ (viii) A signed statement by a duly authorized law enforcement officer 16
321+commissioned by the local government agency that, based on inspection of the recorded 17
322+image, the motor vehicle or combination of vehicles was being operated in violation of a 18
323+State or local law restricting the presence of certain vehicles during certain times; 19
341324
342- (h) (1) The District Court may consider in defense of a violation:
325+ (ix) A statement that the recorded image is evidence of the violation; 20
343326
344- (i) Subject to paragraph (2) of this subsection, that the motor vehicle
345-or the registration plates of the motor vehicle were stolen before the violation occurred and
346-were not under the control or possession of the owner at the time of the violation; and
327+ (x) Information advising the owner alleged to be liable under this 21
328+section of the manner and time in which liability as alleged in the citation may be contested 22
329+in the District Court; and 23
347330
348- (ii) Any other issues and evidence that the District Court deems
349-pertinent.
331+ (xi) Information advising the owner alleged to be liable under this 24
332+section that failure to pay the civil penalty or to contest liability in a timely manner is an 25
333+admission of liability. 26
350334
351- (2) To demonstrate that the motor vehicle or the registration plates were
352-stolen before the violation occurred and were not under the control or possession of the
353-owner at the time of the violation, the owner shall submit proof that a police report
354-regarding the stolen motor vehicle or registration plates was filed in a timely manner.
335+ (2) A local government agency or, in Baltimore City, the Baltimore City 27
336+Department of Transportation shall, for a first violation, mail a warning notice instead of 28
337+a citation to an owner liable under this section. 29
355338
356- (i) A violation for which a civil penalty is imposed under this section:
339+ (3) A citation issued under this section shall be mailed no later than 30 30
340+days after the alleged violation. 31
341+ 8 SENATE BILL 642
357342
358- (1) Is not a moving violation for the purpose of assessing points under §
359-16–402 of this article;
360343
361- (2) May not be recorded by the Administration on the driving record of the
362-owner of the vehicle;
344+ (4) A person who receives a citation under this section may: 1
363345
364- (3) May not be treated as a parking violation for purposes of § 26–305 of
365-this article; and
346+ (i) Pay the civil penalty, in accordance with instructions on the 2
347+citation, directly to the local jurisdiction; or 3
366348
367- (4) May not be considered in the provision of motor vehicle insurance
368-coverage.
349+ (ii) Elect to stand trial in the District Court for the alleged violation. 4
369350
370- (j) In consultation with the appropriate local government agency, the Chief Judge
371-of the District Court shall adopt procedures for the issuance of citations, the trial of civil
372-violations, and the collection of civil penalties under this section.
351+ (g) (1) A certificate alleging that a violation of a State or local law restricting 5
352+the presence of certain vehicles during certain times occurred and that the requirements 6
353+under subsections (c) and (d) of this section have been affirmed by a duly authorized law 7
354+enforcement officer commissioned by a local government agency, based on inspection of the 8
355+recorded image produced by the vehicle height monitoring system, shall be: 9
373356
374- (k) (1) A local government agency or, in Baltimore City, the Baltimore City
375-Department of Transportation, or a contractor designated by the local government agency
376-or, in Baltimore City, the Baltimore City Department of Transportation, shall administer
377-and process civil citations issued under this section in coordination with the District Court.
357+ (i) Evidence of the facts contained in the certificate; and 10
378358
379- (2) If a contractor operates a vehicle height monitoring system on behalf of
380-a local jurisdiction, the contractor’s fee may not be contingent on the number of citations
381-issued or paid.
359+ (ii) Admissible in a proceeding alleging a violation under this section 11
360+without the presence or testimony of the vehicle height monitoring system operator. 12
382361
383- (l) (1) This subsection applies only in Baltimore County AND HARFORD
384-COUNTY. LAWRENCE J. HOGAN, JR., Governor Ch. 379
362+ (2) If a person who received a citation under this section desires the vehicle 13
363+height monitoring system operator to be present and testify at trial, the person shall notify 14
364+the court and the State in writing no later than 20 days before trial. 15
385365
386-– 9 –
366+ (3) Adjudication of liability shall be based on a preponderance of evidence. 16
387367
388- (2) Before the installation of any vehicle height monitoring systems, the
389-governing body of the local jurisdiction shall:
368+ (h) (1) The District Court may consider in defense of a violation: 17
390369
391- (i) Establish a workgroup including commercial transportation
392-industry representatives to assist the local government in:
370+ (i) Subject to paragraph (2) of this subsection, that the motor vehicle 18
371+or the registration plates of the motor vehicle were stolen before the violation occurred and 19
372+were not under the control or possession of the owner at the time of the violation; and 20
393373
394- 1. Evaluating existing truck routes;
374+ (ii) Any other issues and evidence that the District Court deems 21
375+pertinent. 22
395376
396- 2. Identifying areas for vehicle height monitoring
397-enforcement; and
377+ (2) To demonstrate that the motor vehicle or the registration plates were 23
378+stolen before the violation occurred and were not under the control or possession of the 24
379+owner at the time of the violation, the owner shall submit proof that a police report 25
380+regarding the stolen motor vehicle or registration plates was filed in a timely manner. 26
398381
399- 3. Evaluating existing signage and identifying locations
400-where signage could be improved; and
382+ (i) A violation for which a civil penalty is imposed under this section: 27
401383
402- (ii) Adopt a local law limiting the overall number of vehicle height
403-monitoring systems that may be placed in the local jurisdiction.
384+ (1) Is not a moving violation for the purpose of assessing points under § 28
385+16–402 of this article; 29
404386
405- (3) The governing body of the local jurisdiction may adopt a local law
406-exempting certain vehicles from the enforcement of height restrictions by a vehicle height
407-monitoring system in the local jurisdiction.
387+ (2) May not be recorded by the Administration on the driving record of the 30
388+owner of the vehicle; 31
389+ SENATE BILL 642 9
408390
409- (m) (1) This subsection applies only in Prince George’s County.
410391
411- (2) Before the installation of any vehicle height monitoring systems, the
412-governing body of Prince George’s County and the President of the Prince George’s County
413-Municipal Association shall jointly establish a workgroup to assist in:
392+ (3) May not be treated as a parking violation for purposes of § 26–305 of 1
393+this article; and 2
414394
415- (i) Identifying the entity responsible for the installation costs,
416-collection of revenue, and distribution of revenue relating to vehicle height monitoring
417-enforcement;
395+ (4) May not be considered in the provision of motor vehicle insurance 3
396+coverage. 4
418397
419- (ii) Evaluating existing signage and identifying any locations where
420-signage could be improved;
398+ (j) In consultation with the appropriate local government agency, the Chief Judge 5
399+of the District Court shall adopt procedures for the issuance of citations, the trial of civil 6
400+violations, and the collection of civil penalties under this section. 7
421401
422- (iii) Determining the overall number of vehicle height monitoring
423-systems that may be placed within a municipal corporation; and
402+ (k) (1) A local government agency or, in Baltimore City, the Baltimore City 8
403+Department of Transportation, or a contractor designated by the local government agency 9
404+or, in Baltimore City, the Baltimore City Department of Transportation, shall administer 10
405+and process civil citations issued under this section in coordination with the District Court. 11
424406
425- (iv) Clarifying which vehicles may be exempt from enforcement of
426-height restrictions.
407+ (2) If a contractor operates a vehicle height monitoring system on behalf of 12
408+a local jurisdiction, the contractor’s fee may not be contingent on the number of citations 13
409+issued or paid. 14
427410
428- (n) (1) This subsection applies only in Prince George’s County.
411+ (l) (1) This subsection applies only in Baltimore County AND HARFORD 15
412+COUNTY. 16
429413
430- (2) Before the installation of any vehicle height monitoring systems, the
431-governing body of the local jurisdiction shall:
432- Ch. 379 2022 LAWS OF MARYLAND
414+ (2) Before the installation of any vehicle height monitoring systems, the 17
415+governing body of the local jurisdiction shall: 18
433416
434-– 10 –
435- (i) Establish a workgroup including commercial transportation
436-industry representatives to assist the local government in:
417+ (i) Establish a workgroup including commercial transportation 19
418+industry representatives to assist the local government in: 20
437419
438- 1. Evaluating existing truck routes;
420+ 1. Evaluating existing truck routes; 21
439421
440- 2. Identifying areas for vehicle height monitoring
441-enforcement; and
422+ 2. Identifying areas for vehicle height monitoring 22
423+enforcement; and 23
442424
443- 3. Evaluating existing signage and identifying locations
444-where signage could be improved; and
425+ 3. Evaluating existing signage and identifying locations 24
426+where signage could be improved; and 25
445427
446- (ii) Adopt a local law limiting the overall number of vehicle height
447-monitoring systems that may be placed in the local jurisdiction.
428+ (ii) Adopt a local law limiting the overall number of vehicle height 26
429+monitoring systems that may be placed in the local jurisdiction. 27
448430
449- (3) The governing body of the local jurisdiction may adopt a local law
450-exempting certain vehicles from the enforcement of height restrictions by a vehicle height
451-monitoring system in the local jurisdiction.
431+ (3) The governing body of the local jurisdiction may adopt a local law 28
432+exempting certain vehicles from the enforcement of height restrictions by a vehicle height 29
433+monitoring system in the local jurisdiction. 30
452434
453- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
454-October 1, 2022.
435+ (m) (1) This subsection applies only in Prince George’s County. 31
436+ 10 SENATE BILL 642
455437
456- SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency
457-measure, is necessary for the immediate preservation of the public health or safety, has been
458-passed by a yea and nay vote supported by three–fifths of all the members elected to each of
459-the two Houses of the General Assembly, and shall take effect from the date it is enacted.
460438
461-Approved by the Governor, May 16, 2022.
439+ (2) Before the installation of any vehicle height monitoring systems, the 1
440+governing body of Prince George’s County and the President of the Prince George’s County 2
441+Municipal Association shall jointly establish a workgroup to assist in: 3
442+
443+ (i) Identifying the entity responsible for the installation costs, 4
444+collection of revenue, and distribution of revenue relating to vehicle height monitoring 5
445+enforcement; 6
446+
447+ (ii) Evaluating existing signage and identifying any locations where 7
448+signage could be improved; 8
449+
450+ (iii) Determining the overall number of vehicle height monitoring 9
451+systems that may be placed within a municipal corporation; and 10
452+
453+ (iv) Clarifying which vehicles may be exempt from enforcement of 11
454+height restrictions. 12
455+
456+ (n) (1) This subsection applies only in Prince George’s County. 13
457+
458+ (2) Before the installation of any vehicle height monitoring systems, the 14
459+governing body of the local jurisdiction shall: 15
460+
461+ (i) Establish a workgroup including commercial transportation 16
462+industry representatives to assist the local government in: 17
463+
464+ 1. Evaluating existing truck routes; 18
465+
466+ 2. Identifying areas for vehicle height monitoring 19
467+enforcement; and 20
468+
469+ 3. Evaluating existing signage and identifying locations 21
470+where signage could be improved; and 22
471+
472+ (ii) Adopt a local law limiting the overall number of vehicle height 23
473+monitoring systems that may be placed in the local jurisdiction. 24
474+
475+ (3) The governing body of the local jurisdiction may adopt a local law 25
476+exempting certain vehicles from the enforcement of height restrictions by a vehicle height 26
477+monitoring system in the local jurisdiction. 27
478+
479+ SECTION 2. AND BE IT FUR THER ENACTED, That this Act shall take effect 28
480+October 1, 2022. 29
481+
482+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act is an emergency 30
483+measure, is necessary for the immediate preservation of the public health or safety, has been 31
484+passed by a yea and nay vote supported by three–fifths of all the members elected to each of 32
485+the two Houses of the General Assembly, and shall take effect from the date it is enacted. 33