EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0107*
HOUSE BILL 107
R5 4lr0745
HB 1027/23 – ENT (PRE–FILED) CF 4lr1320
By: Delegate R. Lewis
Requested: September 28, 2023
Introduced and read first time: January 10, 2024
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Vehicle Laws – Bus Lane Obstruction – Monitoring Systems Expansion and 2
Workgroup 3
(Better Bus Service Act of 2024) 4
FOR the purpose of prohibiting a person from parking or standing certain vehicles in a 5
dedicated bus lane; making statewide the authority of a local jurisdiction to use, in 6
accordance with certain standards and procedures, a bus lane monitoring system to 7
enforce the prohibition against driving, standing, or parking a motor vehicle in a 8
designated bus lane; establishing the Workgroup on Curb Space Management; and 9
generally relating to bus lane monitoring systems. 10
BY repealing and reenacting, without amendments, 11
Article – Transportation 12
Section 21–101(a) 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2023 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Transportation 17
Section 21–101(i–1), 21–1133, and 21–1134 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2023 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Transportation 23
21–101. 24
2 HOUSE BILL 107
(a) In this title and Title 25 of this article the following words have the meanings 1
indicated. 2
(i–1) (1) “Dedicated bus lane” means a lane designated for use by mass transit 3
vehicles owned, operated, or contracted for by the Maryland Transit Administration or a 4
local department of transportation. 5
(2) “DEDICATED BUS LANE” INCLUDES TRANSIT BUS STOPS. 6
21–1133. 7
(a) Except as provided in subsection (b) of this section, a person may not drive, 8
STAND, OR PARK a vehicle in a dedicated bus lane unless authorized by the local 9
jurisdiction in which the dedicated bus lane is located. 10
(b) The following vehicles may be driven, PARKED, OR ALLOWED TO STAND in 11
a dedicated bus lane: 12
(1) A transit vehicle owned, operated, or contracted for by the Maryland 13
Transit Administration or a local department of transportation; 14
(2) A school bus; 15
(3) A bicycle; 16
(4) An emergency vehicle; and 17
(5) A vehicle making a right turn at the next immediate intersection. 18
21–1134. 19
(a) (1) In this section the following words have the meanings indicated. 20
(2) “AGENCY” MEANS: 21
(I) A LAW ENFORCEMENT AGEN CY OF A LOCAL POLITI CAL 22
SUBDIVISION THAT IS AUTHORIZED TO ISSUE A CITATION FOR A VIO LATION OF THE 23
MARYLAND VEHICLE LAW OR OF LOCAL TRAFFIC LAWS O R REGULATIONS ; 24
(II) FOR A MUNICIPAL CORPO RATION THAT DOES NOT 25
MAINTAIN A POLICE FO RCE, AN AGENCY ESTABLISHE D OR DESIGNATED BY T HE 26
MUNICIPAL CORPORATIO N TO USE BUS LANE MO NITORING SYSTEMS IN 27
ACCORDANCE WITH THIS SECTION; OR 28
(III) A LOCAL OR MULTISTATE TRANSIT AGENCY OR AU THORITY, 29 HOUSE BILL 107 3
INCLUDING THE MARYLAND TRANSIT ADMINISTRATION AND TH E WASHINGTON 1
METROPOLITAN AREA TRANSIT AUTHORITY. 2
(3) “Bus lane monitoring system” means an enforcement system , 3
INCLUDING AN ONBOARD OR FIXED MONITOR ING SYSTEM, that is designed to capture 4
a recorded image [of a driver] of a motor vehicle [committing a violation] INVOLVED IN A 5
PARKING OR MOVING VI OLATION. 6
[(3)] (4) “Bus lane monitoring system operator” means a representative 7
of [the Baltimore City Police Department] AN AGENCY or a contractor that operates a bus 8
lane monitoring system. 9
[(4)] (5) (i) “Owner” means the registered owner of a motor vehicle or 10
a lessee of a motor vehicle under a lease of 6 months or more. 11
(ii) “Owner” does not include: 12
1. A motor vehicle leasing company; or 13
2. A holder of a special registration plate issued under Title 14
13, Subtitle 9, Part III of this article. 15
[(5)] (6) “Recorded image” means an image recorded by a bus lane 16
monitoring system: 17
(i) On: 18
1. A photograph; 19
2. A microphotograph; 20
3. An electronic image; 21
4. Videotape; or 22
5. Any other visual medium; and 23
(ii) Showing a motor vehicle and, on at least one image or portion of 24
the recording, clearly identifying the registration plate number of the motor vehicle. 25
[(6)] (7) “Violation” means a violation of § 21–1133 of this subtitle. 26
[(b) This section applies only in Baltimore City.] 27
[(c)] (B) (1) [Baltimore City] AN AGENCY may use a bus lane monitoring 28
system that meets the requirements of this subsection to record the images of motor 29 4 HOUSE BILL 107
vehicles traveling, STANDING, OR PARKED in a bus lane. 1
(2) A bus lane monitoring system may be used only: 2
(i) When being operated by a bus lane monitoring system operator; 3
(ii) If, in accordance with the Maryland Manual on Uniform Traffic 4
Control Devices[,a]: 5
1. A conspicuous road sign is placed at a reasonable distance 6
consistent with national guidelines [before the bus lane] alerting drivers that a bus lane 7
monitoring system may be in operation in the bus lane; OR 8
2. A CONSPICUOUS S IGN IS AFFIXED TO THE TRANSIT 9
VEHICLE ALERTING DRI VERS THAT THE VEHICL E IS EQUIPPED WITH A BUS LANE 10
MONITORING SYSTEM ; and 11
(iii) If the system produces video for each alleged violation that allows 12
for the differentiation between a vehicle that is driven, STANDING, OR PARKED in a 13
dedicated bus lane in violation of § 21–1133 of this subtitle and a vehicle that is lawfully 14
stopped or moving in order to execute a right turn at an intersection. 15
(3) A bus lane monitoring system may [be used to record] RETAIN only the 16
images of vehicles that are traveling, STANDING, OR PARKED in a bus lane. 17
[(d)] (C) (1) (i) A bus lane monitoring system operator shall complete 18
training by the manufacturer of the bus lane monitoring system in the procedures for 19
setting up, testing, and operating the bus lane monitoring system. 20
(ii) On completion of the training, the manufacturer shall issue a 21
signed certificate to the bus lane monitoring system operator. 22
(iii) The certificate of training shall be admitted as evidence in any 23
court proceeding for a violation. 24
(2) A bus lane monitoring system operator shall fill out and sign a daily 25
set–up log for each bus lane monitoring system that: 26
(i) States the date and time when the system was set up; 27
(ii) States that the bus lane monitoring system operator successfully 28
performed, and the device passed, the manufacturer–specified self–tests of the bus lane 29
monitoring system before producing a recorded image; 30
(iii) Shall be kept on file; and 31
HOUSE BILL 107 5
(iv) Shall be admitted as evidence in any court proceeding for a 1
violation. 2
[(e)] (D) (1) A bus lane monitoring system shall undergo an annual 3
calibration check performed by an independent calibration laboratory. 4
(2) The independent calibration laboratory shall issue a signed certificate 5
of calibration after the annual calibration check that: 6
(i) Shall be kept on file; and 7
(ii) Shall be admitted as evidence in any court proceeding for a 8
violation of § 21–1133 of this subtitle. 9
[(f)] (E) (1) Unless the driver of the motor vehicle received a citation from a 10
police officer at the time of the violation, the owner or, in accordance with subsection [(i)(5)] 11
(H)(5) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor 12
vehicle is recorded by a bus lane monitoring system during the commission of a violation. 13
(2) A civil penalty under this section may not exceed $75. 14
(3) For purposes of this section, the District Court shall prescribe: 15
(i) A uniform citation form consistent with subsection [(g)(1)] (F)(1) 16
of this section and § 7–302 of the Courts Article; and 17
(ii) A civil penalty, which shall be indicated on the citation, to be paid 18
by persons who choose to prepay the civil penalty without appearing in District Court. 19
[(g)] (F) (1) Subject to the provisions of paragraphs (2) through (5) of this 20
subsection, [the Baltimore City Police Department] AN AGENCY or a contractor of the 21
[police department] AGENCY shall mail to the owner liable under subsection [(f)] (E) of 22
this section a citation that shall include: 23
(i) The name and address of the registered owner of the vehicle; 24
(ii) The registration number of the motor vehicle involved in the 25
violation; 26
(iii) The violation charged; 27
(iv) To the extent possible, the location of the violation; 28
(v) The date and time of the violation; 29
(vi) A copy of the recorded image; 30 6 HOUSE BILL 107
(vii) The amount of the civil penalty imposed and the date by which 1
the civil penalty must be paid; 2
(viii) A signed statement by a police officer employed by the [Baltimore 3
City Police Department] LOCAL LAW ENFORCEMEN T AGENCY that, based on inspection 4
of the recorded images, the motor vehicle was being operated during the commission of a 5
violation; 6
(ix) A statement that the recorded image is evidence of a violation; 7
and 8
(x) Information advising the person alleged to be liable under this 9
section: 10
1. Of the manner and time in which liability as alleged in the 11
citation may be contested in the District Court; and 12
2. That failure to pay the civil penalty or to contest liability 13
in a timely manner is an admission of liability and may result in refusal or suspension of 14
the motor vehicle registration. 15
(2) (i) Subject to subparagraph (ii) of this paragraph, [the Baltimore 16
City Police Department] A LOCAL LAW ENFORCEM ENT AGENCY may mail a warning 17
notice in place of a citation to the owner liable under subsection [(f)] (E) of this section. 18
(ii) [The Baltimore City Police Department] AN AGENCY shall mail 19
a warning notice in place of a citation to an owner liable under subsection [(f)] (E) of this 20
section for a violation recorded by a bus lane monitoring system during the first 45 days 21
that the bus lane monitoring system is in operation. 22
(3) (i) Before mailing a citation to a motor vehicle rental company liable 23
under subsection [(f)] (E) of this section, [the Baltimore City Police Department] AN 24
AGENCY shall mail a notice to the motor vehicle rental company stating that a citation will 25
be mailed to the motor vehicle rental company unless, within 45 days after receiving the 26
notice, the motor vehicle rental company provides the [Baltimore City Police Department] 27
AGENCY with: 28
1. A statement made under oath that states the name and 29
last known mailing address of the individual driving or renting the motor vehicle when the 30
violation occurred; 31
2. A. A statement made under oath that states that the 32
motor vehicle rental company is unable to determine who was driving or renting the vehicle 33
at the time the violation occurred because the motor vehicle was stolen at the time of the 34
violation; and 35 HOUSE BILL 107 7
B. A copy of the police report associated with the motor 1
vehicle theft claimed under item A of this item; or 2
3. Payment for the penalty associated with the violation. 3
(ii) [The Baltimore City Police Department] AN AGENCY may not 4
mail a citation to a motor vehicle rental company liable under subsection [(f)] (E) of this 5
section if the motor vehicle rental company complies with subparagraph (i) of this 6
paragraph. 7
(4) Except as provided in paragraph (3) of this subsection and subsection 8
[(i)(5)] (H)(5) of this section, a citation issued under this section shall be mailed not later 9
than 2 weeks after the alleged violation. 10
(5) A person who receives a citation under paragraph (1) of this subsection 11
may: 12
(i) Pay the civil penalty, in accordance with instructions on the 13
citation, directly to [Baltimore City] THE LOCAL JURISDICTION; or 14
(ii) Elect to stand trial IN THE DISTRICT COURT for the alleged 15
violation. 16
[(h)] (G) (1) (i) A certificate alleging that a violation occurred, sworn to or 17
affirmed by a [Baltimore City police officer] DULY AUTHORIZED LAW ENFORCEMENT 18
OFFICER EMPLOYED OR UNDER CONTRACT WITH AN AGENCY, based on inspection of a 19
recorded image produced by a bus lane monitoring system, shall be evidence of the facts 20
contained in the certificate and shall be admissible in any proceeding concerning the 21
alleged violation without the presence or testimony of the bus lane monitoring system 22
operator who performed the requirements under subsection [(d)] (C) of this section. 23
(ii) If a person who received a citation under this section desires a 24
bus lane monitoring system operator to be present and testify at trial, the person shall 25
notify the court and the [Baltimore City Police Department] AGENCY in writing not later 26
than 20 days before trial. 27
(iii) 1. On request of a person who received a citation under this 28
section, video of the alleged violation shall be made available to the person. 29
2. Video evidence made available under subsubparagraph 1 30
of this subparagraph shall be admitted as evidence in any court proceeding for a violation 31
of § 21–1133 of this subtitle. 32
(2) Adjudication of liability shall be based on a preponderance of evidence. 33
8 HOUSE BILL 107
[(i)] (H) (1) The District Court may consider in defense of an alleged 1
violation: 2
(i) Subject to paragraph (2) of this subsection, that the motor vehicle 3
or registration plates of the motor vehicle were stolen before the violation occurred and 4
were not under the control or in the possession of the owner at the time of the violation; 5
(ii) Subject to paragraph (3) of this subsection, evidence that the 6
person named in the citation was not operating the vehicle at the time of the violation; and 7
(iii) Any other issues and evidence that the District Court deems 8
relevant. 9
(2) To demonstrate that the motor vehicle or the registration plates were 10
stolen before the violation occurred and were not under the control or in the possession of 11
the owner at the time of the violation, the owner shall submit proof that a police report 12
about the stolen motor vehicle or registration plates was filed in a timely manner. 13
(3) To satisfy the evidentiary burden under paragraph (1)(ii) of this 14
subsection, the person named in the citation shall provide to the District Court evidence to 15
the satisfaction of the District Court of who was operating the vehicle at the time of the 16
violation, including, at a minimum, the operator’s name and current address. 17
(4) (i) This paragraph applies only to a citation that involves a Class E 18
(truck) vehicle with a registered gross weight of 26,001 pounds or more, a Class F (tractor) 19
vehicle, a Class G (trailer) vehicle operated in combination with a Class F (tractor) vehicle, 20
and a Class P (passenger bus) vehicle. 21
(ii) To satisfy the evidentiary burden under paragraph (1)(ii) of this 22
subsection, the person named in a citation described under subparagraph (i) of this 23
paragraph may provide to the District Court a letter, sworn to or affirmed by the person 24
and mailed by certified mail, return receipt requested, that: 25
1. States that the person named in the citation was not 26
operating the vehicle at the time of the violation; and 27
2. Provides the name, address, and driver’s license 28
identification number of the person who was operating the vehicle at the time of the 29
violation. 30
(5) (i) If the District Court finds that the person named in the citation 31
was not operating the vehicle at the time of the violation or receives evidence under 32
paragraph (4)(ii)2 of this subsection identifying the person driving the vehicle at the time 33
of the violation, the clerk of the court shall provide to the [Baltimore City Police 34
Department] AGENCY a copy of any evidence substantiating who was operating the vehicle 35
at the time of the violation. 36
HOUSE BILL 107 9
(ii) On the receipt of substantiating evidence from the District Court 1
under subparagraph (i) of this paragraph, [the Baltimore City Police Department] AN 2
AGENCY may issue a new citation as provided in subsection [(g)] (F) of this section to the 3
person that the evidence indicates was operating the vehicle at the time of the violation. 4
(iii) A citation issued under subparagraph (ii) of this paragraph shall 5
be mailed not later than 2 weeks after receipt of the evidence from the District Court. 6
[(j)] (I) If the civil penalty is not paid and the violation is not contested, the 7
Administration may refuse to register or reregister the motor vehicle. 8
[(k)] (J) A violation for which a civil penalty is imposed under this section: 9
(1) Is not a moving violation for the purpose of assessing points under § 10
16–402 of this article and may not be recorded by the Administration on the driving record 11
of the owner or driver of the vehicle; 12
(2) May be treated as a parking violation for purposes of § 26–305 of this 13
article; and 14
(3) May not be considered in the provision of motor vehicle insurance 15
coverage. 16
[(l)] (K) In consultation with the [Baltimore City Police Department] 17
APPROPRIATE LOCAL GO VERNMENT AGENCIES , the Chief Judge of the District Court 18
shall adopt procedures for the issuance of citations, trials for violations, and the collection 19
of civil penalties imposed under this section. 20
[(m)] (L) (1) [The Baltimore City Police Department] AN AGENCY or a 21
contractor designated by the [Baltimore City Police Department] AGENCY shall administer 22
and process civil citations issued under this section in coordination with the District Court. 23
(2) If a contractor provides, deploys, or operates a bus lane monitoring 24
system for [the Baltimore City Police Department] AN AGENCY, the contractor’s fee may 25
not be contingent on the number of citations issued or paid. 26
SECTION 2. AND BE IT FURTHER ENACTED, That: 27
(a) There is a Workgroup on Curb Space Management. 28
(b) The Workgroup consists of the following members, appointed by the Governor: 29
(1) one representative of the Maryland Transit Administration; 30
(2) one representative of the Washington Metropolitan Area Transit 31
Authority; 32 10 HOUSE BILL 107
(3) one representative of the Baltimore City Department of Transportation; 1
(4) one representative of the Office of Transportation for Baltimore County; 2
(5) one representative of the Office of Transportation for Anne Arundel 3
County; 4
(6) one representative of the Office of Transportation for Howard County; 5
(7) one representative of the Montgomery County Departm ent of 6
Transportation; 7
(8) one representative of the Prince George’s County Department of Public 8
Works and Transportation; and 9
(9) a representative of a nonprofit transportation advocacy organization 10
from each of the following jurisdictions: 11
(i) Baltimore City; 12
(ii) Baltimore County; 13
(iii) Anne Arundel County; 14
(iv) Howard County; 15
(v) Montgomery County; and 16
(vi) Prince George’s County. 17
(c) The Governor shall designate the chair of the Workgroup. 18
(d) The Department of Transportation shall provide staff for the Workgroup. 19
(e) A member of the Workgroup: 20
(1) may not receive compensation as a member of the Workgroup; but 21
(2) is entitled to reimbursement for expenses under the Standard State 22
Travel Regulations, as provided in the State budget. 23
(f) The Workgroup shall: 24
(1) analyze curb space regulations within Baltimore City; 25
(2) provide recommendations on how to effectively manage curb space 26 HOUSE BILL 107 11
changes on roadways with frequent bus service, dedicated lanes, and parking, loading, or 1
standing needs; 2
(3) examine strategies on obstruction enforcement at bus stops; 3
(4) provide recommendations for a public education campaign about 4
dedicated bus lanes and the enforcement of bus lane laws, including messaging and 5
potential signage; and 6
(5) analyze potential privacy concerns when onboard bus lane obstruction 7
monitoring cameras are used and provide recommendations on how to address these 8
concerns. 9
(g) On or before July 1, 2024, the Workgroup shall report its findings and 10
recommendations to the Governor and, in accordance with § 2 –1257 of the State 11
Government Article, the General Assembly. 12
SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 13
effect October 1, 2024. 14
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 15
3 of this Act, this Act shall take effect July 1, 2024. Section 2 of this Act shall remain 16
effective for a period of 2 years and, at the end of June 30, 2026, Section 2 of this Act, with 17
no further action required by the General Assembly, shall be abrogated and of no further 18
force and effect. 19