EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1027*
HOUSE BILL 1027
R5 3lr2793
By: Delegate R. Lewis
Introduced and read first time: February 10, 2023
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Vehicle Laws – Bus Lane Monitoring System s – Statewide Expansion 2
FOR the purpose of making statewide the authority of a local jurisdiction to use, in 3
accordance with certain standards and procedures, a bus lane monitoring system to 4
enforce the prohibition against driving a motor vehicle in a designated bus lane; and 5
generally relating to bus lane monitoring systems. 6
BY repealing and reenacting, with amendments, 7
Article – Transportation 8
Section 21–1134 9
Annotated Code of Maryland 10
(2020 Replacement Volume and 2022 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Transportation 14
21–1134. 15
(a) (1) In this section the following words have the meanings indicated. 16
(2) “AGENCY” MEANS: 17
(I) A LAW ENFORCEMENT AGEN CY OF A LOCAL POLITI CAL 18
SUBDIVISION THAT IS AUTHORIZED TO ISSUE A CITATION FOR A VIO LATION OF THE 19
MARYLAND VEHICLE LAW OR OF LOCAL TRAFF IC LAWS OR REGULATIO NS; OR 20
(II) FOR A M UNICIPAL CORPORATION THAT DOES NOT 21
MAINTAIN A POLICE FO RCE, AN AGENCY ESTABLISHE D OR DESIGNATED BY T HE 22 2 HOUSE BILL 1027
MUNICIPAL CORPORATIO N TO USE BUS LANE MONITOR ING SYSTEMS IN 1
ACCORDANCE WITH THIS SECTION. 2
(3) “Bus lane monitoring system” means an enforcement system that is 3
designed to capture a recorded image of a driver of a motor vehicle committing a violation. 4
[(3)] (4) “Bus lane monitoring system operator” means a representative 5
of [the Baltimore City Police Department] AN AGENCY or a contractor that operates a bus 6
lane monitoring system. 7
[(4)] (5) (i) “Owner” means the registered owner of a motor vehicle or 8
a lessee of a motor vehicle under a lease of 6 months or more. 9
(ii) “Owner” does not include: 10
1. A motor vehicle leasing company; or 11
2. A holder of a special registration plate issued under Title 12
13, Subtitle 9, Part III of this article. 13
[(5)] (6) “Recorded image” means an image recorded by a bus lane 14
monitoring system: 15
(i) On: 16
1. A photograph; 17
2. A microphotograph; 18
3. An electronic image; 19
4. Videotape; or 20
5. Any other visual medium; and 21
(ii) Showing a motor vehicle and, on at least one image or portion of 22
the recording, clearly identifying the registration plate number of the motor vehicle. 23
[(6)] (7) “Violation” means a violation of § 21–1133 of this subtitle. 24
[(b) This section applies only in Baltimore City.] 25
[(c)] (B) (1) [Baltimore City] A LOCAL JURISDICTION may use a bus lane 26
monitoring system that meets the requirements of this subsection to record the images of 27
motor vehicles traveling in a bus lane. 28
HOUSE BILL 1027 3
(2) A bus lane monitoring system may be used only: 1
(i) When being operated by a bus lane monitoring system operator; 2
(ii) If, in accordance with the Maryland Manual on Uniform Traffic 3
Control Devices, a conspicuous road sign is placed at a reasonable distance consistent with 4
national guidelines before the bus lane alerting drivers that a bus lane monitoring system 5
may be in operation in the bus lane; and 6
(iii) If the system produces video for each alleged violation that allows 7
for the differentiation between a vehicle that is driven in a dedicated bus lane in violation 8
of § 21–1133 of this subtitle and a vehicle that is lawfully stopped or moving in order to 9
execute a right turn at an intersection. 10
(3) A bus lane monitoring system may be used to record only the images of 11
vehicles that are traveling in a bus lane. 12
[(d)] (C) (1) (i) A bus lane monitoring system operator shall complete 13
training by the manufacturer of the bus lane monitoring system in the procedures for 14
setting up, testing, and operating the bus lane monitoring system. 15
(ii) On completion of the training, the manufacturer shall issue a 16
signed certificate to the bus lane monitoring system operator. 17
(iii) The certificate of training shall be admitted as evidence in any 18
court proceeding for a violation. 19
(2) A bus lane monitoring system operator shall fill out and sign a daily 20
set–up log for each bus lane monitoring system that: 21
(i) States the date and time when the system was set up; 22
(ii) States that the bus lane monitoring system operator successfully 23
performed, and the device passed, the manufacturer–specified self–tests of the bus lane 24
monitoring system before producing a recorded image; 25
(iii) Shall be kept on file; and 26
(iv) Shall be admitted as evidence in any court proceeding for a 27
violation. 28
[(e)] (D) (1) A bus lane monitoring system shall undergo an annual 29
calibration check performed by an independent calibration laboratory. 30
(2) The independent calibration laboratory shall issue a signed certificate 31
of calibration after the annual calibration check that: 32
4 HOUSE BILL 1027
(i) Shall be kept on file; and 1
(ii) Shall be admitted as evidence in any court proceeding for a 2
violation of § 21–1133 of this subtitle. 3
[(f)] (E) (1) Unless the driver of the motor vehicle received a citation from a 4
police officer at the time of the violation, the owner or, in accordance with subsection [(i)(5)] 5
(H)(5) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor 6
vehicle is recorded by a bus lane monitoring system during the commission of a violation. 7
(2) A civil penalty under this section may not exceed $75. 8
(3) For purposes of this section, the District Court shall prescribe: 9
(i) A uniform citation form consistent with subsection [(g)(1)] (F)(1) 10
of this section and § 7–302 of the Courts Article; and 11
(ii) A civil penalty, which shall be indicated on the citation, to be paid 12
by persons who choose to prepay the civil penalty without appearing in District Court. 13
[(g)] (F) (1) Subject to the provisions of paragraphs (2) through (5) of this 14
subsection, [the Baltimore City Police Department] AN AGENCY or a contractor of the 15
[police department] AGENCY shall mail to the owner liable under subsection [(f)] (E) of 16
this section a citation that shall include: 17
(i) The name and address of the registered owner of the vehicle; 18
(ii) The registration number of the motor vehicle involved in the 19
violation; 20
(iii) The violation charged; 21
(iv) To the extent possible, the location of the violation; 22
(v) The date and time of the violation; 23
(vi) A copy of the recorded image; 24
(vii) The amount of the civil penalty imposed and the date by which 25
the civil penalty must be paid; 26
(viii) A signed statement by a police officer employed by the [Baltimore 27
City Police Department] LOCAL LAW ENFORCEMEN T AGENCY that, based on inspection 28
of the recorded images, the motor vehicle was being operated during the commission of a 29
violation; 30
HOUSE BILL 1027 5
(ix) A statement that the recorded image is evidence of a violation; 1
and 2
(x) Information advising the person alleged to be liable under this 3
section: 4
1. Of the manner and time in which liability as alleged in the 5
citation may be contested in the District Court; and 6
2. That failure to pay the civil penalty or to contest liability 7
in a timely manner is an admission of liability and may result in refusal or suspension of 8
the motor vehicle registration. 9
(2) (i) Subject to subparagraph (ii) of this paragraph, [the Baltimore 10
City Police Department] A LOCAL LAW ENFORCEM ENT AGENCY may mail a warning 11
notice in place of a citation to the owner liable under subsection [(f)] (E) of this section. 12
(ii) [The Baltimore City Police Department] AN AGENCY shall mail 13
a warning notice in place of a citation to an owner liable under subsection [(f)] (E) of this 14
section for a violation recorded by a bus lane monitoring system during the first 45 days 15
that the bus lane monitoring system is in operation. 16
(3) (i) Before mailing a citation to a motor vehicle rental company liable 17
under subsection [(f)] (E) of this section, [the Baltimore City Police Department] AN 18
AGENCY shall mail a notice to the motor vehicle rental company stating that a citation will 19
be mailed to the motor vehicle rental company unless, within 45 days after receiving the 20
notice, the motor vehicle rental company provides [the Baltimore City Police Department] 21
THE AGENCY with: 22
1. A statement made under oath that states the name and 23
last known mailing address of the individual driving or renting the motor vehicle when the 24
violation occurred; 25
2. A. A statement made under oath that states that the 26
motor vehicle rental company is unable to determine who was driving or renting the vehicle 27
at the time the violation occurred because the motor vehicle was stolen at the time of the 28
violation; and 29
B. A copy of the police report associated with the motor 30
vehicle theft claimed under item A of this item; or 31
3. Payment for the penalty associated with the violation. 32
(ii) [The Baltimore City Police Department] AN AGENCY may not 33
mail a citation to a motor vehicle rental company liable under subsection [(f)] (E) of this 34 6 HOUSE BILL 1027
section if the motor vehicle rental company complies with subparagraph (i) of this 1
paragraph. 2
(4) Except as provided in paragraph (3) of this subsection and subsection 3
[(i)(5)] (H)(5) of this section, a citation issued under this section shall be mailed not later 4
than 2 weeks after the alleged violation. 5
(5) A person who receives a citation under paragraph (1) of this subsection 6
may: 7
(i) Pay the civil penalty, in accordance with instructions on the 8
citation, directly to [Baltimore City] THE LOCAL JURISDICTION; or 9
(ii) Elect to stand trial IN THE DISTRICT COURT for the alleged 10
violation. 11
[(h)] (G) (1) (i) A certificate alleging that a violation occurred, sworn to or 12
affirmed by a [Baltimore City police officer] DULY AUTHORIZED LAW ENFORCEMENT 13
OFFICER EMPLOYED OR UNDER CONTRACT WITH AN AGENCY, based on inspection of a 14
recorded image produced by a bus lane monitoring system, shall be evidence of the facts 15
contained in the certificate and shall be admissible in any proceeding concerning the 16
alleged violation without the presence or testimony of the bus lane monitoring system 17
operator who performed the requirements under subsection [(d)] (C) of this section. 18
(ii) If a person who received a citation under this section desires a 19
bus lane monitoring system operator to be present and testify at trial, the person shall 20
notify the court and the [Baltimore City Police Department] AGENCY in writing not later 21
than 20 days before trial. 22
(iii) 1. On request of a person who received a citation under this 23
section, video of the alleged violation shall be made available to the person. 24
2. Video evidence made available under subsubparagraph 1 25
of this subparagraph shall be admitted as evidence in any court proceeding for a violation 26
of § 21–1133 of this subtitle. 27
(2) Adjudication of liability shall be based on a preponderance of evidence. 28
[(i)] (H) (1) The District Court may consider in defense of an alleged 29
violation: 30
(i) Subject to paragraph (2) of this subsection, that the motor vehicle 31
or registration plates of the motor vehicle were stolen before the violation occurred and 32
were not under the control or in the possession of the owner at the time of the violation; 33
HOUSE BILL 1027 7
(ii) Subject to paragraph (3) of this subsection, evidence that the 1
person named in the citation was not operating the vehicle at the time of the violation; and 2
(iii) Any other issues and evidence that the District Court deems 3
relevant. 4
(2) To demonstrate that the motor vehicle or the registration plates were 5
stolen before the violation occurred and were not under the control or in the possession of 6
the owner at the time of the violation, the owner shall submit proof that a police report 7
about the stolen motor vehicle or registration plates was filed in a timely manner. 8
(3) To satisfy the evidentiary burden under paragraph (1)(ii) of this 9
subsection, the person named in the citation shall provide to the District Court evidence to 10
the satisfaction of the District Court of who was operating the vehicle at the time of the 11
violation, including, at a minimum, the operator’s name and current address. 12
(4) (i) This paragraph applies only to a citation that involves a Class E 13
(truck) vehicle with a registered gross weight of 26,001 pounds or more, a Class F (tractor) 14
vehicle, a Class G (trailer) vehicle operated in combination with a Class F (tractor) vehicle, 15
and a Class P (passenger bus) vehicle. 16
(ii) To satisfy the evidentiary burden under paragraph (1)(ii) of this 17
subsection, the person named in a citation described under subparagraph (i) of this 18
paragraph may provide to the District Court a letter, sworn to or affirmed by the person 19
and mailed by certified mail, return receipt requested, that: 20
1. States that the person named in the citation was not 21
operating the vehicle at the time of the violation; and 22
2. Provides the name, address, and driver’s license 23
identification number of the person who was operating the vehicle at the time of the 24
violation. 25
(5) (i) If the District Court finds that the person named in the citation 26
was not operating the vehicle at the time of the violation or receives evidence under 27
paragraph (4)(ii)2 of this subsection identifying the person driving the vehicle at the time 28
of the violation, the clerk of the court shall provide to the [Baltimore City Police 29
Department] LOCAL LAW ENFORCEMEN T AGENCY a copy of any evidence substantiating 30
who was operating the vehicle at the time of the violation. 31
(ii) On the receipt of substantiating evidence from the District Court 32
under subparagraph (i) of this paragraph, [the Baltimore City Police Department] AN 33
AGENCY may issue a new citation as provided in subsection [(g)] (F) of this section to the 34
person that the evidence indicates was operating the vehicle at the time of the violation. 35
(iii) A citation issued under subparagraph (ii) of this paragraph shall 36
be mailed not later than 2 weeks after receipt of the evidence from the District Court. 37 8 HOUSE BILL 1027
[(j)] (I) If the civil penalty is not paid and the violation is not contested, the 1
Administration may refuse to register or reregister the motor vehicle. 2
[(k)] (J) A violation for which a civil penalty is imposed under this section: 3
(1) Is not a moving violation for the purpose of assessing points under § 4
16–402 of this article and may not be recorded by the Administration on the driving record 5
of the owner or driver of the vehicle; 6
(2) May be treated as a parking violation for purposes of § 26–305 of this 7
article; and 8
(3) May not be considered in the provision of motor vehicle insurance 9
coverage. 10
[(l)] (K) In consultation with the [Baltimore City Police Department] 11
APPROPRIATE LOCAL GO VERNMENT AGENCIES , the Chief Judge of the District Court 12
shall adopt procedures for the issuance of citations, trials for violations, and the collection 13
of civil penalties imposed under this section. 14
[(m)] (L) (1) [The Baltimore City Police Department] AN AGENCY or a 15
contractor designated by the [Baltimore City Police Department] AGENCY shall administer 16
and process civil citations issued under this section in coordination with the District Court. 17
(2) If a contractor provides, deploys, or operates a bus lane monitoring 18
system for [the Baltimore City Police Department] AN AGENCY, the contractor’s fee may 19
not be contingent on the number of citations issued or paid. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2023. 22