EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0107*
HOUSE BILL 107
R5 4lr0745
HB 1027/23 – ENT (PRE–FILED)
By: Delegate R. Lewis Delegates R. Lewis, Addison, Boyce, Healey, and Stewart
Requested: September 28, 2023
Introduced and read first time: January 10, 2024
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 26, 2024
CHAPTER ______
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
2 HOUSE BILL 107
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Transportation 3
21–101. 4
(a) In this title and Title 25 of this article the following words have the meanings 5
indicated. 6
(i–1) (1) “Dedicated bus lane” means a lane designated for use by mass transit 7
vehicles owned, operated, or contracted for by the Maryland Transit Administration, THE 8
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, or a local department of 9
transportation. 10
(2) “DEDICATED BUS LANE ” INCLUDES TRANSIT BUS STOPS LOCATED 11
PROXIMATE TO LANES D ESIGNATED FOR USE BY MASS TRAN SIT VEHICLES. 12
21–1133. 13
(a) Except as provided in subsection (b) of this section, a person may not drive, 14
STAND, OR PARK a vehicle in a dedicated bus lane unless authorized by the local 15
jurisdiction in which the dedicated bus lane is located. 16
(b) The following vehicles may be driven, PARKED, OR ALLOWED TO STAND , 17
OR, AS APPROPRIATE , PARKED in a dedicated bus lane: 18
(1) A transit vehicle owned, operated, or contracted for by the Maryland 19
Transit Administration, THE WASHINGTON METROPOLITAN AREA TRANSIT 20
AUTHORITY, or a local department of transportation; 21
(2) A school bus; 22
(3) A bicycle; 23
(4) An emergency vehicle; and 24
(5) A vehicle making a right turn at the next immediate intersection. 25
21–1134. 26
(a) (1) In this section the following words have the meanings indicated. 27
(2) “AGENCY” MEANS: 28
HOUSE BILL 107 3
(I) A LAW ENFORCEMENT AGEN CY OF THE STATE OR A LOCAL 1
POLITICAL SUBDIVISIO N THAT IS AUTHORIZED TO ISSUE A CITATION FOR A 2
VIOLATION OF THE MARYLAND VEHICLE LAW OR OF LOCAL TR AFFIC LAWS OR 3
REGULATIONS ; 4
(II) FOR A MUNICIPAL CORPO RATION THAT DOES NOT 5
MAINTAIN A POLICE FO RCE, AN AGENCY ESTABLISHE D OR DESIGNATED BY T HE 6
MUNICIPAL CORPORATIO N TO USE BUS LANE MO NITORING SYSTEMS IN 7
ACCORDANCE WITH THIS SECTION; OR 8
(III) A LOCAL OR MULTISTATE , REGIONAL, OR STATEWIDE 9
TRANSIT AGENCY OR AU THORITY, INCLUDING THE MARYLAND TRANSIT 10
ADMINISTRATION AND TH E WASHINGTON METROPOLITAN AREA TRANSIT 11
AUTHORITY. 12
(3) “Bus lane monitoring system” means an enforcement system , 13
INCLUDING AN ONBOARD OR FIXED MONITORING SYSTEM, that is designed to capture 14
a recorded image [of a driver] of a motor vehicle [committing a violation] INVOLVED IN A 15
PARKING OR MOVING DURING THE COMMISSIO N OF A VIOLATION. 16
[(3)] (4) “Bus lane monitoring system operator” means a representative 17
of [the Baltimore City Police Department] AN AGENCY or a contractor that operates a bus 18
lane monitoring system. 19
[(4)] (5) (i) “Owner” means the registered owner of a motor vehicle or 20
a lessee of a motor vehicle under a lease of 6 months or more. 21
(ii) “Owner” does not include: 22
1. A motor vehicle leasing company; or 23
2. A holder of a special registration plate issued under Title 24
13, Subtitle 9, Part III of this article. 25
[(5)] (6) “Recorded image” means an image recorded by a bus lane 26
monitoring system: 27
(i) On: 28
1. A photograph; 29
2. A microphotograph; 30
3. An electronic image; 31
4 HOUSE BILL 107
4. Videotape; or 1
5. Any other visual medium; and 2
(ii) Showing a motor vehicle and, on at least one image or portion of 3
the recording, clearly identifying the registration plate number of the motor vehicle. 4
[(6)] (7) “Violation” means a violation of § 21–1133 of this subtitle. 5
[(b) This section applies only in Baltimore City.] 6
[(c)] (B) (1) [Baltimore City] AN AGENCY may use a bus lane monitoring 7
system that meets the requirements of this subsection to record the images of motor 8
vehicles traveling, STANDING, OR PARKED in a bus lane DURING THE COMMISSIO N OF 9
A VIOLATION. 10
(2) A bus lane monitoring system may be used only: 11
(i) When being operated by a bus lane monitoring system operator; 12
(ii) If, in accordance with the Maryland Manual on Uniform Traffic 13
Control Devices[, a]: 14
1. A conspicuous road sign is placed at a reasonable distance 15
consistent with national guidelines [before the bus lane] alerting drivers that a bus lane 16
monitoring system may be in operation in the bus lane; OR 17
2. A CONSPICUOUS SIGN IS AFFIXED TO THE TRANS IT 18
VEHICLE ALERTING DRI VERS THAT THE VEHICL E IS EQUIPPED WITH A BUS LANE 19
MONITORING SYSTEM ; and 20
(iii) If the system produces video for each alleged violation that allows 21
for the differentiation between a vehicle that is driven DRIVING, STANDING, OR PARKED 22
in a dedicated bus lane in violation of § 21–1133 of this subtitle and a vehicle that is lawfully 23
stopped or moving in order to execute a right turn at an intersection. 24
(3) (I) A bus lane monitoring system may [be used to record] RETAIN 25
only the images of vehicles that are traveling, STANDING, OR PARKED in a bus lane 26
CONTAIN EVIDENCE OF A VIOLATION. 27
(II) RECORDED IMAGES FROM A BUS LANE MONITORIN G 28
SYSTEM: 29
HOUSE BILL 107 5
1. THAT CONTAIN EVIDENCE OF A VIOLATION MAY B E 1
RETAINED FOR UP TO 6 MONTHS OR 60 DAYS AFTER FINAL DISPOSIT ION OF THE 2
CITATION, WHICHEVER IS LATER ; 3
2. THAT DO NOT CONTAIN E VIDENCE OF A VIOLATI ON 4
SHALL BE DESTROYED W ITHIN 15 DAYS AFTER THE RECOR DED IMAGES WERE FIRS T 5
CAPTURED; AND 6
3. MAY NOT BE USED FOR A NY PURPOSE OTHER THA N AS 7
EVIDENCE OF A VIOLATION WITHOUT A WARRANT , SUBPOENA, OR COURT ORDER . 8
(III) A BUS LANE MONITORING SYSTEM MAY NOT USE B IOMETRIC 9
IDENTIFICATION TECHN IQUES, INCLUDING FACIAL REC OGNITION TECHNOLOGY . 10
[(d)] (C) (1) (i) A bus lane monitoring system operator shall complete 11
training by the manufacturer of the bus lane monitoring system in the procedures for 12
setting up, testing, and operating the bus lane monitoring system. 13
(ii) On completion of the training, the manufacturer shall issue a 14
signed certificate to the bus lane monitoring system operator. 15
(iii) The certificate of training shall be admitted as evidence in any 16
court proceeding for a violation. 17
(2) A bus lane monitoring system operator shall fill out and sign a daily 18
set–up log for each bus lane monitoring system that: 19
(i) States the date and time when the system was set up; 20
(ii) States that the bus lane monitoring system operator successfully 21
performed, and the device passed, the manufacturer–specified self–tests of the bus lane 22
monitoring system before producing a recorded image; 23
(iii) Shall be kept on file; and 24
(iv) Shall be admitted as evidence in any court proceeding for a 25
violation. 26
[(e)] (D) (1) A bus lane monitoring system shall undergo an annual 27
calibration check performed by an independent calibration laboratory. 28
(2) The independent calibration laboratory shall issue a signed certificate 29
of calibration after the annual calibration check that: 30
(i) Shall be kept on file; and 31
6 HOUSE BILL 107
(ii) Shall be admitted as evidence in any court proceeding for a 1
violation of § 21–1133 of this subtitle. 2
[(f)] (E) (1) Unless the driver of the motor vehicle received a citation from a 3
police officer at the time of the violation, the owner or, in accordance with subsection [(i)(5)] 4
(H)(5) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor 5
vehicle is recorded by a bus lane monitoring system during the commission of a violation. 6
(2) A civil penalty under this section may not exceed $75. 7
(3) For purposes of this section, the District Court shall prescribe: 8
(i) A uniform citation form consistent with subsection [(g)(1)] (F)(1) 9
of this section and § 7–302 of the Courts Article; and 10
(ii) A civil penalty, which shall be indicated on the citation, to be paid 11
by persons who choose to prepay the civil penalty without appearing in District Court. 12
[(g)] (F) (1) Subject to the provisions of paragraphs (2) through (5) of this 13
subsection, [the Baltimore City Police Department] AN AGENCY or a contractor of the 14
[police department] AGENCY shall mail to the owner liable under subsection [(f)] (E) of 15
this section a citation that shall include: 16
(i) The name and address of the registered owner of the vehicle; 17
(ii) The registration number of the motor vehicle involved in the 18
violation; 19
(iii) The violation charged; 20
(iv) To the extent possible, the location of the violation; 21
(v) The date and time of the violation; 22
(vi) A copy of the recorded image; 23
(vii) The amount of the civil penalty imposed and the date by which 24
the civil penalty must be paid; 25
(viii) A signed statement by a police officer employed by the [Baltimore 26
City Police Department] LOCAL LAW ENFORCEMEN T AGENCY that, based on inspection 27
of the recorded images, the motor vehicle was being operated during the commission of a 28
violation; 29
(ix) A statement that the recorded image is evidence of a violation; 30
and 31 HOUSE BILL 107 7
(x) Information advising the person alleged to be liable under this 1
section: 2
1. Of the manner and time in which liability as alleged in the 3
citation may be contested in the District Court; and 4
2. That failure to pay the civil penalty or to contest liability 5
in a timely manner is an admission of liability and may result in refusal or suspension of 6
the motor vehicle registration. 7
(2) (i) Subject to subparagraph (ii) of this paragraph, [the Baltimore 8
City Police Department] A LOCAL LAW ENFORCEM ENT AN AGENCY may mail a warning 9
notice in place of a citation to the owner liable under subsection [(f)] (E) of this section. 10
(ii) [The Baltimore City Police Department] AN AGENCY shall mail 11
a warning notice in place of a citation to an owner liable under subsection [(f)] (E) of this 12
section for a violation recorded by a bus lane monitoring system during the first 45 days 13
that the bus lane monitoring system is in operation. 14
(3) (i) Before mailing a citation to a motor vehicle rental company liable 15
under subsection [(f)] (E) of this section, [the Baltimore City Police Department] AN 16
AGENCY shall mail a notice to the motor vehicle rental company stating that a citation will 17
be mailed to the motor vehicle rental company unless, within 45 days after receiving the 18
notice, the motor vehicle rental company provides the [Baltimore City Police Department] 19
AGENCY with: 20
1. A statement made under oath that states the name and 21
last known mailing address of the individual driving or renting the motor vehicle when the 22
violation occurred; 23
2. A. A statement made under oath that states that the 24
motor vehicle rental company is unable to determine who was driving or renting the vehicle 25
at the time the violation occurred because the motor vehicle was stolen at the time of the 26
violation; and 27
B. A copy of the police report associated with the motor 28
vehicle theft claimed under item A of this item; or 29
3. Payment for the penalty associated with the violation. 30
(ii) [The Baltimore City Police Department] AN AGENCY may not 31
mail a citation to a motor vehicle rental company liable under subsection [(f)] (E) of this 32
section if the motor vehicle rental company complies with subparagraph (i) of this 33
paragraph. 34
8 HOUSE BILL 107
(4) Except as provided in paragraph (3) of this subsection and subsection 1
[(i)(5)] (H)(5) of this section, a citation issued under this section shall be mailed not later 2
than 2 weeks after the alleged violation. 3
(5) A person who receives a citation under paragraph (1) of this subsection 4
may: 5
(i) Pay the civil penalty, in accordance with instructions on the 6
citation, directly to [Baltimore City] THE LOCAL JURISDICTI ON; or 7
(ii) Elect to stand trial IN THE DISTRICT COURT for the alleged 8
violation. 9
[(h)] (G) (1) (i) A certificate alleging that a violation occurred, sworn to or 10
affirmed by a [Baltimore City police officer] DULY AUTHORIZED LAW ENFORCEMENT 11
OFFICER EMPLOYED OR UNDER CONTRACT WITH AN AGENCY, based on inspection of a 12
recorded image produced by a bus lane monitoring system, shall be evidence of the facts 13
contained in the certificate and shall be admissible in any proceeding concerning the 14
alleged violation without the presence or testimony of the bus lane monitoring system 15
operator who performed the requirements under subsection [(d)] (C) of this section. 16
(ii) If a person who received a citation under this section desires a 17
bus lane monitoring system operator to be present and testify at trial, the person shall 18
notify the court and the [Baltimore City Police Department] AGENCY in writing not later 19
than 20 days before trial. 20
(iii) 1. On request of a person who received a citation under this 21
section, video of the alleged violation shall be made available to the person. 22
2. Video evidence made available under subsubparagraph 1 23
of this subparagraph shall be admitted as evidence in any court proceeding for a violation 24
of § 21–1133 of this subtitle. 25
(2) Adjudication of liability shall be based on a preponderance of evidence. 26
[(i)] (H) (1) The District Court may consider in defense of an alleged 27
violation: 28
(i) Subject to paragraph (2) of this subsection, that the motor vehicle 29
or registration plates of the motor vehicle were stolen before the violation occurred and 30
were not under the control or in the possession of the owner at the time of the violation; 31
(ii) Subject to paragraph (3) of this subsection, evidence that the 32
person named in the citation was not operating the vehicle at the time of the violation; and 33
HOUSE BILL 107 9
(iii) Any other issues and evidence that the District Court deems 1
relevant. 2
(2) To demonstrate that the motor vehicle or the registration plates were 3
stolen before the violation occurred and were not under the control or in the possession of 4
the owner at the time of the violation, the owner shall submit proof that a police report 5
about the stolen motor vehicle or registration plates was filed in a timely manner. 6
(3) To satisfy the evidentiary burden under paragraph (1)(ii) of this 7
subsection, the person named in the citation shall provide to the District Court evidence to 8
the satisfaction of the District Court of who was operating the vehicle at the time of the 9
violation, including, at a minimum, the operator’s name and current address. 10
(4) (i) This paragraph applies only to a citation that involves a Class E 11
(truck) vehicle with a registered gross weight of 26,001 pounds or more, a Class F (tractor) 12
vehicle, a Class G (trailer) vehicle operated in combination with a Class F (tractor) vehicle, 13
and a Class P (passenger bus) vehicle. 14
(ii) To satisfy the evidentiary burden under paragraph (1)(ii) of this 15
subsection, the person named in a citation described under subparagraph (i) of this 16
paragraph may provide to the District Court a letter, sworn to or affirmed by the person 17
and mailed by certified mail, return receipt requested, that: 18
1. States that the person named in the citation was not 19
operating the vehicle at the time of the violation; and 20
2. Provides the name, address, and driver’s license 21
identification number of the person who was operating the vehicle at the time of the 22
violation. 23
(5) (i) If the District Court finds that the person named in the citation 24
was not operating the vehicle at the time of the violation or receives evidence under 25
paragraph (4)(ii)2 of this subsection identifying the person driving the vehicle at the time 26
of the violation, the clerk of the court shall provide to the [Baltimore City Police 27
Department] AGENCY a copy of any evidence substantiating who was operating the vehicle 28
at the time of the violation. 29
(ii) On the receipt of substantiating evidence from the District Court 30
under subparagraph (i) of this paragraph, [the Baltimore City Police Department] AN 31
AGENCY may issue a new citation as provided in subsection [(g)] (F) of this section to the 32
person that the evidence indicates was operating the vehicle at the time of the violation. 33
(iii) A citation issued under subparagraph (ii) of this paragraph shall 34
be mailed not later than 2 weeks after receipt of the evidence from the District Court. 35
[(j)] (I) If the civil penalty is not paid and the violation is not contested, the 36
Administration may refuse to register or reregister the motor vehicle. 37 10 HOUSE BILL 107
[(k)] (J) A violation for which a civil penalty is imposed under this section: 1
(1) Is not a moving violation for the purpose of assessing points under § 2
16–402 of this article and may not be recorded by the Administration on the driving record 3
of the owner or driver of the vehicle; 4
(2) May be treated as a parking violation for purposes of § 26–305 of this 5
article; and 6
(3) May not be considered in the provision of motor vehicle insurance 7
coverage. 8
[(l)] (K) In consultation with the [Baltimore City Police Department] 9
APPROPRIATE LOCAL GO VERNMENT AGENCIES , the Chief Judge of the District Court 10
shall adopt procedures for the issuance of citations, trials for violations, and the collection 11
of civil penalties imposed under this section. 12
[(m)] (L) (1) [The Baltimore City Police Department] AN AGENCY or a 13
contractor designated by the [Baltimore City Police Department] AGENCY shall administer 14
and process civil citations issued under this section in coordination with the District Court. 15
(2) If a contractor provides, deploys, or operates a bus lane monitoring 16
system for [the Baltimore City Police Department] AN AGENCY, the contractor’s fee may 17
not be contingent on the number of citations issued or paid. 18
SECTION 2. AND BE IT FURTHER ENACTED, That: 19
(a) There is a Workgroup on Curb Space Management. 20
(b) The Workgroup consists of the following members, appointed by the Governor: 21
(1) one representative of the Maryland Transit Administration; 22
(2) one representative of the Washington Metropolitan Area Transit 23
Authority; 24
(3) one representative of the Baltimore City Department of Transportation; 25
(4) one representative of the Office of Transportation for Baltimore County; 26
(5) one representative of the Office of Transportation for Anne Arundel 27
County; 28
(6) one representative of the Office of Transportation for Howard County; 29
HOUSE BILL 107 11
(7) one representative of the Montgomery County Department of 1
Transportation; 2
(8) one representative of the Prince George’s County Department of Public 3
Works and Transportation; and 4
(9) a representative of a nonprofit transportation advocacy organization 5
from each of the following jurisdictions: 6
(i) Baltimore City; 7
(ii) Baltimore County; 8
(iii) Anne Arundel County; 9
(iv) Howard County; 10
(v) Montgomery County; and 11
(vi) Prince George’s County. 12
(c) The Governor shall designate the chair of the Workgroup. 13
(d) The Department of Transportation shall provide staff for the Workgroup. 14
(e) A member of the Workgroup: 15
(1) may not receive compensation as a member of the Workgroup; but 16
(2) is entitled to reimbursement for expenses under the Standard State 17
Travel Regulations, as provided in the State budget. 18
(f) The Workgroup shall: 19
(1) analyze curb space regulations within Baltimore City; 20
(2) provide recommendations on how to effectively manage curb space 21
changes on roadways with frequent bus service, dedicated lanes, and parking, loading, or 22
standing needs; 23
(3) examine strategies on obstruction enforcement at bus stops; 24
(4) provide recommendations for a public education campaign about 25
dedicated bus lanes and the enforcement of bus lane laws, including messaging and 26
potential signage; and 27
12 HOUSE BILL 107
(5) analyze potential privacy concerns when onboard bus lane obstruction 1
monitoring cameras are used and provide recommendations on how to address these 2
concerns. 3
(g) On or before July 1, 2024, the Workgroup shall report its findings and 4
recommendations to the Governor and, in accordance with § 2 –1257 of the State 5
Government Article, the General Assembly. 6
SECTION 3. 2. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall 7
take effect October 1, 2024. 8
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 9
3 of this Act, this Act shall take effect July 1, 2024. Section 2 of this Act shall remain 10
effective for a period of 2 years and, at the end of June 30, 2026, Section 2 of this Act, with 11
no further action required by the General Assembly, shall be abrogated and of no further 12
force and effect. 13
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.