Maryland 2023 Regular Session

Maryland House Bill HB1027 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1027
6	6
7	7	HOUSE BILL 1027
8	8	R5 3lr2793
9	9
10	10	By: Delegate R. Lewis
11	11	Introduced and read first time: February 10, 2023
12	12	Assigned to: Environment and Transportation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Vehicle Laws – Bus Lane Monitoring System s – Statewide Expansion 2
19	19
20	20	FOR the purpose of making statewide the authority of a local jurisdiction to use, in 3
21	21	accordance with certain standards and procedures, a bus lane monitoring system to 4
22	22	enforce the prohibition against driving a motor vehicle in a designated bus lane; and 5
23	23	generally relating to bus lane monitoring systems. 6
24	24
25	25	BY repealing and reenacting, with amendments, 7
26	26	Article – Transportation 8
27	27	Section 21–1134 9
28	28	Annotated Code of Maryland 10
29	29	(2020 Replacement Volume and 2022 Supplement) 11
30	30
31	31	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
32	32	That the Laws of Maryland read as follows: 13
33	33
34	34	Article – Transportation 14
35	35
36	36	21–1134. 15
37	37
38	38	(a) (1) In this section the following words have the meanings indicated. 16
39	39
40	40	(2) “AGENCY” MEANS: 17
41	41
42	42	(I) A LAW ENFORCEMENT AGEN CY OF A LOCAL POLITI CAL 18
43	43	SUBDIVISION THAT IS AUTHORIZED TO ISSUE A CITATION FOR A VIO LATION OF THE 19
44	44	MARYLAND VEHICLE LAW OR OF LOCAL TRAFF IC LAWS OR REGULATIO NS; OR 20
45	45
46	46	(II) FOR A M UNICIPAL CORPORATION THAT DOES NOT 21
47	47	MAINTAIN A POLICE FO RCE, AN AGENCY ESTABLISHE D OR DESIGNATED BY T HE 22 2 HOUSE BILL 1027
48	48
49	49
50	50	MUNICIPAL CORPORATIO N TO USE BUS LANE MONITOR ING SYSTEMS IN 1
51	51	ACCORDANCE WITH THIS SECTION. 2
52	52
53	53	(3) “Bus lane monitoring system” means an enforcement system that is 3
54	54	designed to capture a recorded image of a driver of a motor vehicle committing a violation. 4
55	55
56	56	[(3)] (4) “Bus lane monitoring system operator” means a representative 5
57	57	of [the Baltimore City Police Department] AN AGENCY or a contractor that operates a bus 6
58	58	lane monitoring system. 7
59	59
60	60	[(4)] (5) (i) “Owner” means the registered owner of a motor vehicle or 8
61	61	a lessee of a motor vehicle under a lease of 6 months or more. 9
62	62
63	63	(ii) “Owner” does not include: 10
64	64
65	65	1. A motor vehicle leasing company; or 11
66	66
67	67	2. A holder of a special registration plate issued under Title 12
68	68	13, Subtitle 9, Part III of this article. 13
69	69
70	70	[(5)] (6) “Recorded image” means an image recorded by a bus lane 14
71	71	monitoring system: 15
72	72
73	73	(i) On: 16
74	74
75	75	1. A photograph; 17
76	76
77	77	2. A microphotograph; 18
78	78
79	79	3. An electronic image; 19
80	80
81	81	4. Videotape; or 20
82	82
83	83	5. Any other visual medium; and 21
84	84
85	85	(ii) Showing a motor vehicle and, on at least one image or portion of 22
86	86	the recording, clearly identifying the registration plate number of the motor vehicle. 23
87	87
88	88	[(6)] (7) “Violation” means a violation of § 21–1133 of this subtitle. 24
89	89
90	90	[(b) This section applies only in Baltimore City.] 25
91	91
92	92	[(c)] (B) (1) [Baltimore City] A LOCAL JURISDICTION may use a bus lane 26
93	93	monitoring system that meets the requirements of this subsection to record the images of 27
94	94	motor vehicles traveling in a bus lane. 28
95	95	HOUSE BILL 1027 3
96	96
97	97
98	98	(2) A bus lane monitoring system may be used only: 1
99	99
100	100	(i) When being operated by a bus lane monitoring system operator; 2
101	101
102	102	(ii) If, in accordance with the Maryland Manual on Uniform Traffic 3
103	103	Control Devices, a conspicuous road sign is placed at a reasonable distance consistent with 4
104	104	national guidelines before the bus lane alerting drivers that a bus lane monitoring system 5
105	105	may be in operation in the bus lane; and 6
106	106
107	107	(iii) If the system produces video for each alleged violation that allows 7
108	108	for the differentiation between a vehicle that is driven in a dedicated bus lane in violation 8
109	109	of § 21–1133 of this subtitle and a vehicle that is lawfully stopped or moving in order to 9
110	110	execute a right turn at an intersection. 10
111	111
112	112	(3) A bus lane monitoring system may be used to record only the images of 11
113	113	vehicles that are traveling in a bus lane. 12
114	114
115	115	[(d)] (C) (1) (i) A bus lane monitoring system operator shall complete 13
116	116	training by the manufacturer of the bus lane monitoring system in the procedures for 14
117	117	setting up, testing, and operating the bus lane monitoring system. 15
118	118
119	119	(ii) On completion of the training, the manufacturer shall issue a 16
120	120	signed certificate to the bus lane monitoring system operator. 17
121	121
122	122	(iii) The certificate of training shall be admitted as evidence in any 18
123	123	court proceeding for a violation. 19
124	124
125	125	(2) A bus lane monitoring system operator shall fill out and sign a daily 20
126	126	set–up log for each bus lane monitoring system that: 21
127	127
128	128	(i) States the date and time when the system was set up; 22
129	129
130	130	(ii) States that the bus lane monitoring system operator successfully 23
131	131	performed, and the device passed, the manufacturer–specified self–tests of the bus lane 24
132	132	monitoring system before producing a recorded image; 25
133	133
134	134	(iii) Shall be kept on file; and 26
135	135
136	136	(iv) Shall be admitted as evidence in any court proceeding for a 27
137	137	violation. 28
138	138
139	139	[(e)] (D) (1) A bus lane monitoring system shall undergo an annual 29
140	140	calibration check performed by an independent calibration laboratory. 30
141	141
142	142	(2) The independent calibration laboratory shall issue a signed certificate 31
143	143	of calibration after the annual calibration check that: 32
144	144	4 HOUSE BILL 1027
145	145
146	146
147	147	(i) Shall be kept on file; and 1
148	148
149	149	(ii) Shall be admitted as evidence in any court proceeding for a 2
150	150	violation of § 21–1133 of this subtitle. 3
151	151
152	152	[(f)] (E) (1) Unless the driver of the motor vehicle received a citation from a 4
153	153	police officer at the time of the violation, the owner or, in accordance with subsection [(i)(5)] 5
154	154	(H)(5) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor 6
155	155	vehicle is recorded by a bus lane monitoring system during the commission of a violation. 7
156	156
157	157	(2) A civil penalty under this section may not exceed $75. 8
158	158
159	159	(3) For purposes of this section, the District Court shall prescribe: 9
160	160
161	161	(i) A uniform citation form consistent with subsection [(g)(1)] (F)(1) 10
162	162	of this section and § 7–302 of the Courts Article; and 11
163	163
164	164	(ii) A civil penalty, which shall be indicated on the citation, to be paid 12
165	165	by persons who choose to prepay the civil penalty without appearing in District Court. 13
166	166
167	167	[(g)] (F) (1) Subject to the provisions of paragraphs (2) through (5) of this 14
168	168	subsection, [the Baltimore City Police Department] AN AGENCY or a contractor of the 15
169	169	[police department] AGENCY shall mail to the owner liable under subsection [(f)] (E) of 16
170	170	this section a citation that shall include: 17
171	171
172	172	(i) The name and address of the registered owner of the vehicle; 18
173	173
174	174	(ii) The registration number of the motor vehicle involved in the 19
175	175	violation; 20
176	176
177	177	(iii) The violation charged; 21
178	178
179	179	(iv) To the extent possible, the location of the violation; 22
180	180
181	181	(v) The date and time of the violation; 23
182	182
183	183	(vi) A copy of the recorded image; 24
184	184
185	185	(vii) The amount of the civil penalty imposed and the date by which 25
186	186	the civil penalty must be paid; 26
187	187
188	188	(viii) A signed statement by a police officer employed by the [Baltimore 27
189	189	City Police Department] LOCAL LAW ENFORCEMEN T AGENCY that, based on inspection 28
190	190	of the recorded images, the motor vehicle was being operated during the commission of a 29
191	191	violation; 30
192	192	HOUSE BILL 1027 5
193	193
194	194
195	195	(ix) A statement that the recorded image is evidence of a violation; 1
196	196	and 2
197	197
198	198	(x) Information advising the person alleged to be liable under this 3
199	199	section: 4
200	200
201	201	1. Of the manner and time in which liability as alleged in the 5
202	202	citation may be contested in the District Court; and 6
203	203
204	204	2. That failure to pay the civil penalty or to contest liability 7
205	205	in a timely manner is an admission of liability and may result in refusal or suspension of 8
206	206	the motor vehicle registration. 9
207	207
208	208	(2) (i) Subject to subparagraph (ii) of this paragraph, [the Baltimore 10
209	209	City Police Department] A LOCAL LAW ENFORCEM ENT AGENCY may mail a warning 11
210	210	notice in place of a citation to the owner liable under subsection [(f)] (E) of this section. 12
211	211
212	212	(ii) [The Baltimore City Police Department] AN AGENCY shall mail 13
213	213	a warning notice in place of a citation to an owner liable under subsection [(f)] (E) of this 14
214	214	section for a violation recorded by a bus lane monitoring system during the first 45 days 15
215	215	that the bus lane monitoring system is in operation. 16
216	216
217	217	(3) (i) Before mailing a citation to a motor vehicle rental company liable 17
218	218	under subsection [(f)] (E) of this section, [the Baltimore City Police Department] AN 18
219	219	AGENCY shall mail a notice to the motor vehicle rental company stating that a citation will 19
220	220	be mailed to the motor vehicle rental company unless, within 45 days after receiving the 20
221	221	notice, the motor vehicle rental company provides [the Baltimore City Police Department] 21
222	222	THE AGENCY with: 22
223	223
224	224	1. A statement made under oath that states the name and 23
225	225	last known mailing address of the individual driving or renting the motor vehicle when the 24
226	226	violation occurred; 25
227	227
228	228	2. A. A statement made under oath that states that the 26
229	229	motor vehicle rental company is unable to determine who was driving or renting the vehicle 27
230	230	at the time the violation occurred because the motor vehicle was stolen at the time of the 28
231	231	violation; and 29
232	232
233	233	B. A copy of the police report associated with the motor 30
234	234	vehicle theft claimed under item A of this item; or 31
235	235
236	236	3. Payment for the penalty associated with the violation. 32
237	237
238	238	(ii) [The Baltimore City Police Department] AN AGENCY may not 33
239	239	mail a citation to a motor vehicle rental company liable under subsection [(f)] (E) of this 34 6 HOUSE BILL 1027
240	240
241	241
242	242	section if the motor vehicle rental company complies with subparagraph (i) of this 1
243	243	paragraph. 2
244	244
245	245	(4) Except as provided in paragraph (3) of this subsection and subsection 3
246	246	[(i)(5)] (H)(5) of this section, a citation issued under this section shall be mailed not later 4
247	247	than 2 weeks after the alleged violation. 5
248	248
249	249	(5) A person who receives a citation under paragraph (1) of this subsection 6
250	250	may: 7
251	251
252	252	(i) Pay the civil penalty, in accordance with instructions on the 8
253	253	citation, directly to [Baltimore City] THE LOCAL JURISDICTION; or 9
254	254
255	255	(ii) Elect to stand trial IN THE DISTRICT COURT for the alleged 10
256	256	violation. 11
257	257
258	258	[(h)] (G) (1) (i) A certificate alleging that a violation occurred, sworn to or 12
259	259	affirmed by a [Baltimore City police officer] DULY AUTHORIZED LAW ENFORCEMENT 13
260	260	OFFICER EMPLOYED OR UNDER CONTRACT WITH AN AGENCY, based on inspection of a 14
261	261	recorded image produced by a bus lane monitoring system, shall be evidence of the facts 15
262	262	contained in the certificate and shall be admissible in any proceeding concerning the 16
263	263	alleged violation without the presence or testimony of the bus lane monitoring system 17
264	264	operator who performed the requirements under subsection [(d)] (C) of this section. 18
265	265
266	266	(ii) If a person who received a citation under this section desires a 19
267	267	bus lane monitoring system operator to be present and testify at trial, the person shall 20
268	268	notify the court and the [Baltimore City Police Department] AGENCY in writing not later 21
269	269	than 20 days before trial. 22
270	270
271	271	(iii) 1. On request of a person who received a citation under this 23
272	272	section, video of the alleged violation shall be made available to the person. 24
273	273
274	274	2. Video evidence made available under subsubparagraph 1 25
275	275	of this subparagraph shall be admitted as evidence in any court proceeding for a violation 26
276	276	of § 21–1133 of this subtitle. 27
277	277
278	278	(2) Adjudication of liability shall be based on a preponderance of evidence. 28
279	279
280	280	[(i)] (H) (1) The District Court may consider in defense of an alleged 29
281	281	violation: 30
282	282
283	283	(i) Subject to paragraph (2) of this subsection, that the motor vehicle 31
284	284	or registration plates of the motor vehicle were stolen before the violation occurred and 32
285	285	were not under the control or in the possession of the owner at the time of the violation; 33
286	286	HOUSE BILL 1027 7
287	287
288	288
289	289	(ii) Subject to paragraph (3) of this subsection, evidence that the 1
290	290	person named in the citation was not operating the vehicle at the time of the violation; and 2
291	291
292	292	(iii) Any other issues and evidence that the District Court deems 3
293	293	relevant. 4
294	294
295	295	(2) To demonstrate that the motor vehicle or the registration plates were 5
296	296	stolen before the violation occurred and were not under the control or in the possession of 6
297	297	the owner at the time of the violation, the owner shall submit proof that a police report 7
298	298	about the stolen motor vehicle or registration plates was filed in a timely manner. 8
299	299
300	300	(3) To satisfy the evidentiary burden under paragraph (1)(ii) of this 9
301	301	subsection, the person named in the citation shall provide to the District Court evidence to 10
302	302	the satisfaction of the District Court of who was operating the vehicle at the time of the 11
303	303	violation, including, at a minimum, the operator’s name and current address. 12
304	304
305	305	(4) (i) This paragraph applies only to a citation that involves a Class E 13
306	306	(truck) vehicle with a registered gross weight of 26,001 pounds or more, a Class F (tractor) 14
307	307	vehicle, a Class G (trailer) vehicle operated in combination with a Class F (tractor) vehicle, 15
308	308	and a Class P (passenger bus) vehicle. 16
309	309
310	310	(ii) To satisfy the evidentiary burden under paragraph (1)(ii) of this 17
311	311	subsection, the person named in a citation described under subparagraph (i) of this 18
312	312	paragraph may provide to the District Court a letter, sworn to or affirmed by the person 19
313	313	and mailed by certified mail, return receipt requested, that: 20
314	314
315	315	1. States that the person named in the citation was not 21
316	316	operating the vehicle at the time of the violation; and 22
317	317
318	318	2. Provides the name, address, and driver’s license 23
319	319	identification number of the person who was operating the vehicle at the time of the 24
320	320	violation. 25
321	321
322	322	(5) (i) If the District Court finds that the person named in the citation 26
323	323	was not operating the vehicle at the time of the violation or receives evidence under 27
324	324	paragraph (4)(ii)2 of this subsection identifying the person driving the vehicle at the time 28
325	325	of the violation, the clerk of the court shall provide to the [Baltimore City Police 29
326	326	Department] LOCAL LAW ENFORCEMEN T AGENCY a copy of any evidence substantiating 30
327	327	who was operating the vehicle at the time of the violation. 31
328	328
329	329	(ii) On the receipt of substantiating evidence from the District Court 32
330	330	under subparagraph (i) of this paragraph, [the Baltimore City Police Department] AN 33
331	331	AGENCY may issue a new citation as provided in subsection [(g)] (F) of this section to the 34
332	332	person that the evidence indicates was operating the vehicle at the time of the violation. 35
333	333
334	334	(iii) A citation issued under subparagraph (ii) of this paragraph shall 36
335	335	be mailed not later than 2 weeks after receipt of the evidence from the District Court. 37 8 HOUSE BILL 1027
336	336
337	337
338	338
339	339	[(j)] (I) If the civil penalty is not paid and the violation is not contested, the 1
340	340	Administration may refuse to register or reregister the motor vehicle. 2
341	341
342	342	[(k)] (J) A violation for which a civil penalty is imposed under this section: 3
343	343
344	344	(1) Is not a moving violation for the purpose of assessing points under § 4
345	345	16–402 of this article and may not be recorded by the Administration on the driving record 5
346	346	of the owner or driver of the vehicle; 6
347	347
348	348	(2) May be treated as a parking violation for purposes of § 26–305 of this 7
349	349	article; and 8
350	350
351	351	(3) May not be considered in the provision of motor vehicle insurance 9
352	352	coverage. 10
353	353
354	354	[(l)] (K) In consultation with the [Baltimore City Police Department] 11
355	355	APPROPRIATE LOCAL GO VERNMENT AGENCIES , the Chief Judge of the District Court 12
356	356	shall adopt procedures for the issuance of citations, trials for violations, and the collection 13
357	357	of civil penalties imposed under this section. 14
358	358
359	359	[(m)] (L) (1) [The Baltimore City Police Department] AN AGENCY or a 15
360	360	contractor designated by the [Baltimore City Police Department] AGENCY shall administer 16
361	361	and process civil citations issued under this section in coordination with the District Court. 17
362	362
363	363	(2) If a contractor provides, deploys, or operates a bus lane monitoring 18
364	364	system for [the Baltimore City Police Department] AN AGENCY, the contractor’s fee may 19
365	365	not be contingent on the number of citations issued or paid. 20
366	366
367	367	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
368	368	October 1, 2023. 22