Maryland 2024 Regular Session

Maryland House Bill HB107 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LAW.
44 [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.
85 *hb0107*
96
107 HOUSE BILL 107
118 R5 4lr0745
12-HB 1027/23 – ENT (PRE–FILED)
13-By: Delegate R. Lewis Delegates R. Lewis, Addison, Boyce, Healey, and Stewart
9+HB 1027/23 – ENT (PRE–FILED) CF 4lr1320
10+By: Delegate R. Lewis
1411 Requested: September 28, 2023
1512 Introduced and read first time: January 10, 2024
1613 Assigned to: Environment and Transportation
17-Committee Report: Favorable with amendments
18-House action: Adopted
19-Read second time: February 26, 2024
2014
21-CHAPTER ______
15+A BILL ENTITLED
2216
2317 AN ACT concerning 1
2418
2519 Vehicle Laws – Bus Lane Obstruction – Monitoring Systems Expansion and 2
2620 Workgroup 3
2721 (Better Bus Service Act of 2024) 4
2822
2923 FOR the purpose of prohibiting a person from parking or standing certain vehicles in a 5
3024 dedicated bus lane; making statewide the authority of a local jurisdiction to use, in 6
3125 accordance with certain standards and procedures, a bus lane monitoring system to 7
3226 enforce the prohibition against driving, standing, or parking a motor vehicle in a 8
3327 designated bus lane; establishing the Workgroup on Curb Space Management; and 9
3428 generally relating to bus lane monitoring systems. 10
3529
3630 BY repealing and reenacting, without amendments, 11
3731 Article – Transportation 12
3832 Section 21–101(a) 13
3933 Annotated Code of Maryland 14
4034 (2020 Replacement Volume and 2023 Supplement) 15
4135
4236 BY repealing and reenacting, with amendments, 16
4337 Article – Transportation 17
4438 Section 21–101(i–1), 21–1133, and 21–1134 18
4539 Annotated Code of Maryland 19
4640 (2020 Replacement Volume and 2023 Supplement) 20
41+
42+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
43+That the Laws of Maryland read as follows: 22
44+
45+Article – Transportation 23
46+
47+21–101. 24
4748 2 HOUSE BILL 107
4849
4950
50- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
51-That the Laws of Maryland read as follows: 2
51+ (a) In this title and Title 25 of this article the following words have the meanings 1
52+indicated. 2
5253
53-Article – Transportation 3
54+ (i–1) (1) “Dedicated bus lane” means a lane designated for use by mass transit 3
55+vehicles owned, operated, or contracted for by the Maryland Transit Administration or a 4
56+local department of transportation. 5
5457
55-21–101. 4
58+ (2) “DEDICATED BUS LANE” INCLUDES TRANSIT BUS STOPS. 6
5659
57- (a) In this title and Title 25 of this article the following words have the meanings 5
58-indicated. 6
60+21–1133. 7
5961
60- (i–1) (1) “Dedicated bus lane” means a lane designated for use by mass transit 7
61-vehicles owned, operated, or contracted for by the Maryland Transit Administration, THE 8
62-WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, or a local department of 9
63-transportation. 10
62+ (a) Except as provided in subsection (b) of this section, a person may not drive, 8
63+STAND, OR PARK a vehicle in a dedicated bus lane unless authorized by the local 9
64+jurisdiction in which the dedicated bus lane is located. 10
6465
65- (2) “DEDICATED BUS LANE ” INCLUDES TRANSIT BUS STOPS LOCATED 11
66-PROXIMATE TO LANES D ESIGNATED FOR USE BY MASS TRAN SIT VEHICLES. 12
66+ (b) The following vehicles may be driven, PARKED, OR ALLOWED TO STAND in 11
67+a dedicated bus lane: 12
6768
68-21–1133. 13
69+ (1) A transit vehicle owned, operated, or contracted for by the Maryland 13
70+Transit Administration or a local department of transportation; 14
6971
70- (a) Except as provided in subsection (b) of this section, a person may not drive, 14
71-STAND, OR PARK a vehicle in a dedicated bus lane unless authorized by the local 15
72-jurisdiction in which the dedicated bus lane is located. 16
72+ (2) A school bus; 15
7373
74- (b) The following vehicles may be driven, PARKED, OR ALLOWED TO STAND , 17
75-OR, AS APPROPRIATE , PARKED in a dedicated bus lane: 18
74+ (3) A bicycle; 16
7675
77- (1) A transit vehicle owned, operated, or contracted for by the Maryland 19
78-Transit Administration, THE WASHINGTON METROPOLITAN AREA TRANSIT 20
79-AUTHORITY, or a local department of transportation; 21
76+ (4) An emergency vehicle; and 17
8077
81- (2) A school bus; 22
78+ (5) A vehicle making a right turn at the next immediate intersection. 18
8279
83- (3) A bicycle; 23
80+21–1134. 19
8481
85- (4) An emergency vehicle; and 24
82+ (a) (1) In this section the following words have the meanings indicated. 20
8683
87- (5) A vehicle making a right turn at the next immediate intersection. 25
84+ (2) “AGENCY” MEANS: 21
8885
89-21–1134. 26
86+ (I) A LAW ENFORCEMENT AGEN CY OF A LOCAL POLITI CAL 22
87+SUBDIVISION THAT IS AUTHORIZED TO ISSUE A CITATION FOR A VIO LATION OF THE 23
88+MARYLAND VEHICLE LAW OR OF LOCAL TRAFFIC LAWS O R REGULATIONS ; 24
9089
91- (a) (1) In this section the following words have the meanings indicated. 27
90+ (II) FOR A MUNICIPAL CORPO RATION THAT DOES NOT 25
91+MAINTAIN A POLICE FO RCE, AN AGENCY ESTABLISHE D OR DESIGNATED BY T HE 26
92+MUNICIPAL CORPORATIO N TO USE BUS LANE MO NITORING SYSTEMS IN 27
93+ACCORDANCE WITH THIS SECTION; OR 28
9294
93- (2) “AGENCY” MEANS: 28
94- HOUSE BILL 107 3
95+ (III) A LOCAL OR MULTISTATE TRANSIT AGENCY OR AU THORITY, 29 HOUSE BILL 107 3
9596
9697
97- (I) A LAW ENFORCEMENT AGEN CY OF THE STATE OR A LOCAL 1
98-POLITICAL SUBDIVISIO N THAT IS AUTHORIZED TO ISSUE A CITATION FOR A 2
99-VIOLATION OF THE MARYLAND VEHICLE LAW OR OF LOCAL TR AFFIC LAWS OR 3
100-REGULATIONS ; 4
98+INCLUDING THE MARYLAND TRANSIT ADMINISTRATION AND TH E WASHINGTON 1
99+METROPOLITAN AREA TRANSIT AUTHORITY. 2
101100
102- (II) FOR A MUNICIPAL CORPO RATION THAT DOES NOT 5
103-MAINTAIN A POLICE FO RCE, AN AGENCY ESTABLISHE D OR DESIGNATED BY T HE 6
104-MUNICIPAL CORPORATIO N TO USE BUS LANE MO NITORING SYSTEMS IN 7
105-ACCORDANCE WITH THIS SECTION; OR 8
101+ (3) “Bus lane monitoring system” means an enforcement system , 3
102+INCLUDING AN ONBOARD OR FIXED MONITOR ING SYSTEM, that is designed to capture 4
103+a recorded image [of a driver] of a motor vehicle [committing a violation] INVOLVED IN A 5
104+PARKING OR MOVING VI OLATION. 6
106105
107- (III) A LOCAL OR MULTISTATE , REGIONAL, OR STATEWIDE 9
108-TRANSIT AGENCY OR AU THORITY, INCLUDING THE MARYLAND TRANSIT 10
109-ADMINISTRATION AND TH E WASHINGTON METROPOLITAN AREA TRANSIT 11
110-AUTHORITY. 12
106+ [(3)] (4) “Bus lane monitoring system operator” means a representative 7
107+of [the Baltimore City Police Department] AN AGENCY or a contractor that operates a bus 8
108+lane monitoring system. 9
111109
112- (3) “Bus lane monitoring system” means an enforcement system , 13
113-INCLUDING AN ONBOARD OR FIXED MONITORING SYSTEM, that is designed to capture 14
114-a recorded image [of a driver] of a motor vehicle [committing a violation] INVOLVED IN A 15
115-PARKING OR MOVING DURING THE COMMISSIO N OF A VIOLATION. 16
110+ [(4)] (5) (i) “Owner” means the registered owner of a motor vehicle or 10
111+a lessee of a motor vehicle under a lease of 6 months or more. 11
116112
117- [(3)] (4) “Bus lane monitoring system operator” means a representative 17
118-of [the Baltimore City Police Department] AN AGENCY or a contractor that operates a bus 18
119-lane monitoring system. 19
113+ (ii) “Owner” does not include: 12
120114
121- [(4)] (5) (i) “Owner” means the registered owner of a motor vehicle or 20
122-a lessee of a motor vehicle under a lease of 6 months or more. 21
115+ 1. A motor vehicle leasing company; or 13
123116
124- (ii) “Owner” does not include: 22
117+ 2. A holder of a special registration plate issued under Title 14
118+13, Subtitle 9, Part III of this article. 15
125119
126- 1. A motor vehicle leasing company; or 23
120+ [(5)] (6) “Recorded image” means an image recorded by a bus lane 16
121+monitoring system: 17
127122
128- 2. A holder of a special registration plate issued under Title 24
129-13, Subtitle 9, Part III of this article. 25
123+ (i) On: 18
130124
131- [(5)] (6) “Recorded image” means an image recorded by a bus lane 26
132-monitoring system: 27
125+ 1. A photograph; 19
133126
134- (i) On: 28
127+ 2. A microphotograph; 20
135128
136- 1. A photograph; 29
129+ 3. An electronic image; 21
137130
138- 2. A microphotograph; 30
131+ 4. Videotape; or 22
139132
140- 3. An electronic image; 31
141- 4 HOUSE BILL 107
133+ 5. Any other visual medium; and 23
134+
135+ (ii) Showing a motor vehicle and, on at least one image or portion of 24
136+the recording, clearly identifying the registration plate number of the motor vehicle. 25
137+
138+ [(6)] (7) “Violation” means a violation of § 21–1133 of this subtitle. 26
139+
140+ [(b) This section applies only in Baltimore City.] 27
141+
142+ [(c)] (B) (1) [Baltimore City] AN AGENCY may use a bus lane monitoring 28
143+system that meets the requirements of this subsection to record the images of motor 29 4 HOUSE BILL 107
142144
143145
144- 4. Videotape; or 1
146+vehicles traveling, STANDING, OR PARKED in a bus lane. 1
145147
146- 5. Any other visual medium; and 2
148+ (2) A bus lane monitoring system may be used only: 2
147149
148- (ii) Showing a motor vehicle and, on at least one image or portion of 3
149-the recording, clearly identifying the registration plate number of the motor vehicle. 4
150+ (i) When being operated by a bus lane monitoring system operator; 3
150151
151- [(6)] (7) “Violation” means a violation of § 21–1133 of this subtitle. 5
152+ (ii) If, in accordance with the Maryland Manual on Uniform Traffic 4
153+Control Devices[,a]: 5
152154
153- [(b) This section applies only in Baltimore City.] 6
155+ 1. A conspicuous road sign is placed at a reasonable distance 6
156+consistent with national guidelines [before the bus lane] alerting drivers that a bus lane 7
157+monitoring system may be in operation in the bus lane; OR 8
154158
155- [(c)] (B) (1) [Baltimore City] AN AGENCY may use a bus lane monitoring 7
156-system that meets the requirements of this subsection to record the images of motor 8
157-vehicles traveling, STANDING, OR PARKED in a bus lane DURING THE COMMISSIO N OF 9
158-A VIOLATION. 10
159+ 2. A CONSPICUOUS S IGN IS AFFIXED TO THE TRANSIT 9
160+VEHICLE ALERTING DRI VERS THAT THE VEHICL E IS EQUIPPED WITH A BUS LANE 10
161+MONITORING SYSTEM ; and 11
159162
160- (2) A bus lane monitoring system may be used only: 11
163+ (iii) If the system produces video for each alleged violation that allows 12
164+for the differentiation between a vehicle that is driven, STANDING, OR PARKED in a 13
165+dedicated bus lane in violation of § 21–1133 of this subtitle and a vehicle that is lawfully 14
166+stopped or moving in order to execute a right turn at an intersection. 15
161167
162- (i) When being operated by a bus lane monitoring system operator; 12
168+ (3) A bus lane monitoring system may [be used to record] RETAIN only the 16
169+images of vehicles that are traveling, STANDING, OR PARKED in a bus lane. 17
163170
164- (ii) If, in accordance with the Maryland Manual on Uniform Traffic 13
165-Control Devices[, a]: 14
171+ [(d)] (C) (1) (i) A bus lane monitoring system operator shall complete 18
172+training by the manufacturer of the bus lane monitoring system in the procedures for 19
173+setting up, testing, and operating the bus lane monitoring system. 20
166174
167- 1. A conspicuous road sign is placed at a reasonable distance 15
168-consistent with national guidelines [before the bus lane] alerting drivers that a bus lane 16
169-monitoring system may be in operation in the bus lane; OR 17
175+ (ii) On completion of the training, the manufacturer shall issue a 21
176+signed certificate to the bus lane monitoring system operator. 22
170177
171- 2. A CONSPICUOUS SIGN IS AFFIXED TO THE TRANS IT 18
172-VEHICLE ALERTING DRI VERS THAT THE VEHICL E IS EQUIPPED WITH A BUS LANE 19
173-MONITORING SYSTEM ; and 20
178+ (iii) The certificate of training shall be admitted as evidence in any 23
179+court proceeding for a violation. 24
174180
175- (iii) If the system produces video for each alleged violation that allows 21
176-for the differentiation between a vehicle that is driven DRIVING, STANDING, OR PARKED 22
177-in a dedicated bus lane in violation of § 21–1133 of this subtitle and a vehicle that is lawfully 23
178-stopped or moving in order to execute a right turn at an intersection. 24
181+ (2) A bus lane monitoring system operator shall fill out and sign a daily 25
182+set–up log for each bus lane monitoring system that: 26
179183
180- (3) (I) A bus lane monitoring system may [be used to record] RETAIN 25
181-only the images of vehicles that are traveling, STANDING, OR PARKED in a bus lane 26
182-CONTAIN EVIDENCE OF A VIOLATION. 27
184+ (i) States the date and time when the system was set up; 27
183185
184- (II) RECORDED IMAGES FROM A BUS LANE MONITORIN G 28
185-SYSTEM: 29
186+ (ii) States that the bus lane monitoring system operator successfully 28
187+performed, and the device passed, the manufacturer–specified self–tests of the bus lane 29
188+monitoring system before producing a recorded image; 30
189+
190+ (iii) Shall be kept on file; and 31
186191 HOUSE BILL 107 5
187192
188193
189- 1. THAT CONTAIN EVIDENCE OF A VIOLATION MAY B E 1
190-RETAINED FOR UP TO 6 MONTHS OR 60 DAYS AFTER FINAL DISPOSIT ION OF THE 2
191-CITATION, WHICHEVER IS LATER ; 3
194+ (iv) Shall be admitted as evidence in any court proceeding for a 1
195+violation. 2
192196
193- 2. THAT DO NOT CONTAIN E VIDENCE OF A VIOLATI ON 4
194-SHALL BE DESTROYED W ITHIN 15 DAYS AFTER THE RECOR DED IMAGES WERE FIRS T 5
195-CAPTURED; AND 6
197+ [(e)] (D) (1) A bus lane monitoring system shall undergo an annual 3
198+calibration check performed by an independent calibration laboratory. 4
196199
197- 3. MAY NOT BE USED FOR A NY PURPOSE OTHER THA N AS 7
198-EVIDENCE OF A VIOLATION WITHOUT A WARRANT , SUBPOENA, OR COURT ORDER . 8
200+ (2) The independent calibration laboratory shall issue a signed certificate 5
201+of calibration after the annual calibration check that: 6
199202
200- (III) A BUS LANE MONITORING SYSTEM MAY NOT USE B IOMETRIC 9
201-IDENTIFICATION TECHN IQUES, INCLUDING FACIAL REC OGNITION TECHNOLOGY . 10
203+ (i) Shall be kept on file; and 7
202204
203- [(d)] (C) (1) (i) A bus lane monitoring system operator shall complete 11
204-training by the manufacturer of the bus lane monitoring system in the procedures for 12
205-setting up, testing, and operating the bus lane monitoring system. 13
205+ (ii) Shall be admitted as evidence in any court proceeding for a 8
206+violation of § 21–1133 of this subtitle. 9
206207
207- (ii) On completion of the training, the manufacturer shall issue a 14
208-signed certificate to the bus lane monitoring system operator. 15
208+ [(f)] (E) (1) Unless the driver of the motor vehicle received a citation from a 10
209+police officer at the time of the violation, the owner or, in accordance with subsection [(i)(5)] 11
210+(H)(5) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor 12
211+vehicle is recorded by a bus lane monitoring system during the commission of a violation. 13
209212
210- (iii) The certificate of training shall be admitted as evidence in any 16
211-court proceeding for a violation. 17
213+ (2) A civil penalty under this section may not exceed $75. 14
212214
213- (2) A bus lane monitoring system operator shall fill out and sign a daily 18
214-set–up log for each bus lane monitoring system that: 19
215+ (3) For purposes of this section, the District Court shall prescribe: 15
215216
216- (i) States the date and time when the system was set up; 20
217+ (i) A uniform citation form consistent with subsection [(g)(1)] (F)(1) 16
218+of this section and § 7–302 of the Courts Article; and 17
217219
218- (ii) States that the bus lane monitoring system operator successfully 21
219-performed, and the device passed, the manufacturer–specified self–tests of the bus lane 22
220-monitoring system before producing a recorded image; 23
220+ (ii) A civil penalty, which shall be indicated on the citation, to be paid 18
221+by persons who choose to prepay the civil penalty without appearing in District Court. 19
221222
222- (iii) Shall be kept on file; and 24
223+ [(g)] (F) (1) Subject to the provisions of paragraphs (2) through (5) of this 20
224+subsection, [the Baltimore City Police Department] AN AGENCY or a contractor of the 21
225+[police department] AGENCY shall mail to the owner liable under subsection [(f)] (E) of 22
226+this section a citation that shall include: 23
223227
224- (iv) Shall be admitted as evidence in any court proceeding for a 25
225-violation. 26
228+ (i) The name and address of the registered owner of the vehicle; 24
226229
227- [(e)] (D) (1) A bus lane monitoring system shall undergo an annual 27
228-calibration check performed by an independent calibration laboratory. 28
230+ (ii) The registration number of the motor vehicle involved in the 25
231+violation; 26
229232
230- (2) The independent calibration laboratory shall issue a signed certificate 29
231-of calibration after the annual calibration check that: 30
233+ (iii) The violation charged; 27
232234
233- (i) Shall be kept on file; and 31
234- 6 HOUSE BILL 107
235+ (iv) To the extent possible, the location of the violation; 28
235236
237+ (v) The date and time of the violation; 29
236238
237- (ii) Shall be admitted as evidence in any court proceeding for a 1
238-violation of § 21–1133 of this subtitle. 2
239-
240- [(f)] (E) (1) Unless the driver of the motor vehicle received a citation from a 3
241-police officer at the time of the violation, the owner or, in accordance with subsection [(i)(5)] 4
242-(H)(5) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor 5
243-vehicle is recorded by a bus lane monitoring system during the commission of a violation. 6
244-
245- (2) A civil penalty under this section may not exceed $75. 7
246-
247- (3) For purposes of this section, the District Court shall prescribe: 8
248-
249- (i) A uniform citation form consistent with subsection [(g)(1)] (F)(1) 9
250-of this section and § 7–302 of the Courts Article; and 10
251-
252- (ii) A civil penalty, which shall be indicated on the citation, to be paid 11
253-by persons who choose to prepay the civil penalty without appearing in District Court. 12
254-
255- [(g)] (F) (1) Subject to the provisions of paragraphs (2) through (5) of this 13
256-subsection, [the Baltimore City Police Department] AN AGENCY or a contractor of the 14
257-[police department] AGENCY shall mail to the owner liable under subsection [(f)] (E) of 15
258-this section a citation that shall include: 16
259-
260- (i) The name and address of the registered owner of the vehicle; 17
261-
262- (ii) The registration number of the motor vehicle involved in the 18
263-violation; 19
264-
265- (iii) The violation charged; 20
266-
267- (iv) To the extent possible, the location of the violation; 21
268-
269- (v) The date and time of the violation; 22
270-
271- (vi) A copy of the recorded image; 23
272-
273- (vii) The amount of the civil penalty imposed and the date by which 24
274-the civil penalty must be paid; 25
275-
276- (viii) A signed statement by a police officer employed by the [Baltimore 26
277-City Police Department] LOCAL LAW ENFORCEMEN T AGENCY that, based on inspection 27
278-of the recorded images, the motor vehicle was being operated during the commission of a 28
279-violation; 29
280-
281- (ix) A statement that the recorded image is evidence of a violation; 30
282-and 31 HOUSE BILL 107 7
239+ (vi) A copy of the recorded image; 30 6 HOUSE BILL 107
283240
284241
285242
286- (x) Information advising the person alleged to be liable under this 1
287-section: 2
243+ (vii) The amount of the civil penalty imposed and the date by which 1
244+the civil penalty must be paid; 2
288245
289- 1. Of the manner and time in which liability as alleged in the 3
290-citation may be contested in the District Court; and 4
246+ (viii) A signed statement by a police officer employed by the [Baltimore 3
247+City Police Department] LOCAL LAW ENFORCEMEN T AGENCY that, based on inspection 4
248+of the recorded images, the motor vehicle was being operated during the commission of a 5
249+violation; 6
291250
292- 2. That failure to pay the civil penalty or to contest liability 5
293-in a timely manner is an admission of liability and may result in refusal or suspension of 6
294-the motor vehicle registration. 7
251+ (ix) A statement that the recorded image is evidence of a violation; 7
252+and 8
295253
296- (2) (i) Subject to subparagraph (ii) of this paragraph, [the Baltimore 8
297-City Police Department] A LOCAL LAW ENFORCEM ENT AN AGENCY may mail a warning 9
298-notice in place of a citation to the owner liable under subsection [(f)] (E) of this section. 10
254+ (x) Information advising the person alleged to be liable under this 9
255+section: 10
299256
300- (ii) [The Baltimore City Police Department] AN AGENCY shall mail 11
301-a warning notice in place of a citation to an owner liable under subsection [(f)] (E) of this 12
302-section for a violation recorded by a bus lane monitoring system during the first 45 days 13
303-that the bus lane monitoring system is in operation. 14
257+ 1. Of the manner and time in which liability as alleged in the 11
258+citation may be contested in the District Court; and 12
304259
305- (3) (i) Before mailing a citation to a motor vehicle rental company liable 15
306-under subsection [(f)] (E) of this section, [the Baltimore City Police Department] AN 16
307-AGENCY shall mail a notice to the motor vehicle rental company stating that a citation will 17
308-be mailed to the motor vehicle rental company unless, within 45 days after receiving the 18
309-notice, the motor vehicle rental company provides the [Baltimore City Police Department] 19
310-AGENCY with: 20
260+ 2. That failure to pay the civil penalty or to contest liability 13
261+in a timely manner is an admission of liability and may result in refusal or suspension of 14
262+the motor vehicle registration. 15
311263
312- 1. A statement made under oath that states the name and 21
313-last known mailing address of the individual driving or renting the motor vehicle when the 22
314-violation occurred; 23
264+ (2) (i) Subject to subparagraph (ii) of this paragraph, [the Baltimore 16
265+City Police Department] A LOCAL LAW ENFORCEM ENT AGENCY may mail a warning 17
266+notice in place of a citation to the owner liable under subsection [(f)] (E) of this section. 18
315267
316- 2. A. A statement made under oath that states that the 24
317-motor vehicle rental company is unable to determine who was driving or renting the vehicle 25
318-at the time the violation occurred because the motor vehicle was stolen at the time of the 26
319-violation; and 27
268+ (ii) [The Baltimore City Police Department] AN AGENCY shall mail 19
269+a warning notice in place of a citation to an owner liable under subsection [(f)] (E) of this 20
270+section for a violation recorded by a bus lane monitoring system during the first 45 days 21
271+that the bus lane monitoring system is in operation. 22
320272
321- B. A copy of the police report associated with the motor 28
322-vehicle theft claimed under item A of this item; or 29
273+ (3) (i) Before mailing a citation to a motor vehicle rental company liable 23
274+under subsection [(f)] (E) of this section, [the Baltimore City Police Department] AN 24
275+AGENCY shall mail a notice to the motor vehicle rental company stating that a citation will 25
276+be mailed to the motor vehicle rental company unless, within 45 days after receiving the 26
277+notice, the motor vehicle rental company provides the [Baltimore City Police Department] 27
278+AGENCY with: 28
323279
324- 3. Payment for the penalty associated with the violation. 30
280+ 1. A statement made under oath that states the name and 29
281+last known mailing address of the individual driving or renting the motor vehicle when the 30
282+violation occurred; 31
325283
326- (ii) [The Baltimore City Police Department] AN AGENCY may not 31
327-mail a citation to a motor vehicle rental company liable under subsection [(f)] (E) of this 32
328-section if the motor vehicle rental company complies with subparagraph (i) of this 33
329-paragraph. 34
284+ 2. A. A statement made under oath that states that the 32
285+motor vehicle rental company is unable to determine who was driving or renting the vehicle 33
286+at the time the violation occurred because the motor vehicle was stolen at the time of the 34
287+violation; and 35 HOUSE BILL 107 7
288+
289+
290+
291+ B. A copy of the police report associated with the motor 1
292+vehicle theft claimed under item A of this item; or 2
293+
294+ 3. Payment for the penalty associated with the violation. 3
295+
296+ (ii) [The Baltimore City Police Department] AN AGENCY may not 4
297+mail a citation to a motor vehicle rental company liable under subsection [(f)] (E) of this 5
298+section if the motor vehicle rental company complies with subparagraph (i) of this 6
299+paragraph. 7
300+
301+ (4) Except as provided in paragraph (3) of this subsection and subsection 8
302+[(i)(5)] (H)(5) of this section, a citation issued under this section shall be mailed not later 9
303+than 2 weeks after the alleged violation. 10
304+
305+ (5) A person who receives a citation under paragraph (1) of this subsection 11
306+may: 12
307+
308+ (i) Pay the civil penalty, in accordance with instructions on the 13
309+citation, directly to [Baltimore City] THE LOCAL JURISDICTION; or 14
310+
311+ (ii) Elect to stand trial IN THE DISTRICT COURT for the alleged 15
312+violation. 16
313+
314+ [(h)] (G) (1) (i) A certificate alleging that a violation occurred, sworn to or 17
315+affirmed by a [Baltimore City police officer] DULY AUTHORIZED LAW ENFORCEMENT 18
316+OFFICER EMPLOYED OR UNDER CONTRACT WITH AN AGENCY, based on inspection of a 19
317+recorded image produced by a bus lane monitoring system, shall be evidence of the facts 20
318+contained in the certificate and shall be admissible in any proceeding concerning the 21
319+alleged violation without the presence or testimony of the bus lane monitoring system 22
320+operator who performed the requirements under subsection [(d)] (C) of this section. 23
321+
322+ (ii) If a person who received a citation under this section desires a 24
323+bus lane monitoring system operator to be present and testify at trial, the person shall 25
324+notify the court and the [Baltimore City Police Department] AGENCY in writing not later 26
325+than 20 days before trial. 27
326+
327+ (iii) 1. On request of a person who received a citation under this 28
328+section, video of the alleged violation shall be made available to the person. 29
329+
330+ 2. Video evidence made available under subsubparagraph 1 30
331+of this subparagraph shall be admitted as evidence in any court proceeding for a violation 31
332+of § 21–1133 of this subtitle. 32
333+
334+ (2) Adjudication of liability shall be based on a preponderance of evidence. 33
330335 8 HOUSE BILL 107
331336
332337
333- (4) Except as provided in paragraph (3) of this subsection and subsection 1
334-[(i)(5)] (H)(5) of this section, a citation issued under this section shall be mailed not later 2
335-than 2 weeks after the alleged violation. 3
338+ [(i)] (H) (1) The District Court may consider in defense of an alleged 1
339+violation: 2
336340
337- (5) A person who receives a citation under paragraph (1) of this subsection 4
338-may: 5
341+ (i) Subject to paragraph (2) of this subsection, that the motor vehicle 3
342+or registration plates of the motor vehicle were stolen before the violation occurred and 4
343+were not under the control or in the possession of the owner at the time of the violation; 5
339344
340- (i) Pay the civil penalty, in accordance with instructions on the 6
341-citation, directly to [Baltimore City] THE LOCAL JURISDICTI ON; or 7
345+ (ii) Subject to paragraph (3) of this subsection, evidence that the 6
346+person named in the citation was not operating the vehicle at the time of the violation; and 7
342347
343- (ii) Elect to stand trial IN THE DISTRICT COURT for the alleged 8
344-violation. 9
348+ (iii) Any other issues and evidence that the District Court deems 8
349+relevant. 9
345350
346- [(h)] (G) (1) (i) A certificate alleging that a violation occurred, sworn to or 10
347-affirmed by a [Baltimore City police officer] DULY AUTHORIZED LAW ENFORCEMENT 11
348-OFFICER EMPLOYED OR UNDER CONTRACT WITH AN AGENCY, based on inspection of a 12
349-recorded image produced by a bus lane monitoring system, shall be evidence of the facts 13
350-contained in the certificate and shall be admissible in any proceeding concerning the 14
351-alleged violation without the presence or testimony of the bus lane monitoring system 15
352-operator who performed the requirements under subsection [(d)] (C) of this section. 16
351+ (2) To demonstrate that the motor vehicle or the registration plates were 10
352+stolen before the violation occurred and were not under the control or in the possession of 11
353+the owner at the time of the violation, the owner shall submit proof that a police report 12
354+about the stolen motor vehicle or registration plates was filed in a timely manner. 13
353355
354- (ii) If a person who received a citation under this section desires a 17
355-bus lane monitoring system operator to be present and testify at trial, the person shall 18
356-notify the court and the [Baltimore City Police Department] AGENCY in writing not later 19
357-than 20 days before trial. 20
356+ (3) To satisfy the evidentiary burden under paragraph (1)(ii) of this 14
357+subsection, the person named in the citation shall provide to the District Court evidence to 15
358+the satisfaction of the District Court of who was operating the vehicle at the time of the 16
359+violation, including, at a minimum, the operator’s name and current address. 17
358360
359- (iii) 1. On request of a person who received a citation under this 21
360-section, video of the alleged violation shall be made available to the person. 22
361+ (4) (i) This paragraph applies only to a citation that involves a Class E 18
362+(truck) vehicle with a registered gross weight of 26,001 pounds or more, a Class F (tractor) 19
363+vehicle, a Class G (trailer) vehicle operated in combination with a Class F (tractor) vehicle, 20
364+and a Class P (passenger bus) vehicle. 21
361365
362- 2. Video evidence made available under subsubparagraph 1 23
363-of this subparagraph shall be admitted as evidence in any court proceeding for a violation 24
364-of § 21–1133 of this subtitle. 25
366+ (ii) To satisfy the evidentiary burden under paragraph (1)(ii) of this 22
367+subsection, the person named in a citation described under subparagraph (i) of this 23
368+paragraph may provide to the District Court a letter, sworn to or affirmed by the person 24
369+and mailed by certified mail, return receipt requested, that: 25
365370
366- (2) Adjudication of liability shall be based on a preponderance of evidence. 26
371+ 1. States that the person named in the citation was not 26
372+operating the vehicle at the time of the violation; and 27
367373
368- [(i)] (H) (1) The District Court may consider in defense of an alleged 27
369-violation: 28
374+ 2. Provides the name, address, and driver’s license 28
375+identification number of the person who was operating the vehicle at the time of the 29
376+violation. 30
370377
371- (i) Subject to paragraph (2) of this subsection, that the motor vehicle 29
372-or registration plates of the motor vehicle were stolen before the violation occurred and 30
373-were not under the control or in the possession of the owner at the time of the violation; 31
374-
375- (ii) Subject to paragraph (3) of this subsection, evidence that the 32
376-person named in the citation was not operating the vehicle at the time of the violation; and 33
378+ (5) (i) If the District Court finds that the person named in the citation 31
379+was not operating the vehicle at the time of the violation or receives evidence under 32
380+paragraph (4)(ii)2 of this subsection identifying the person driving the vehicle at the time 33
381+of the violation, the clerk of the court shall provide to the [Baltimore City Police 34
382+Department] AGENCY a copy of any evidence substantiating who was operating the vehicle 35
383+at the time of the violation. 36
377384 HOUSE BILL 107 9
378385
379386
380- (iii) Any other issues and evidence that the District Court deems 1
381-relevant. 2
387+ (ii) On the receipt of substantiating evidence from the District Court 1
388+under subparagraph (i) of this paragraph, [the Baltimore City Police Department] AN 2
389+AGENCY may issue a new citation as provided in subsection [(g)] (F) of this section to the 3
390+person that the evidence indicates was operating the vehicle at the time of the violation. 4
382391
383- (2) To demonstrate that the motor vehicle or the registration plates were 3
384-stolen before the violation occurred and were not under the control or in the possession of 4
385-the owner at the time of the violation, the owner shall submit proof that a police report 5
386-about the stolen motor vehicle or registration plates was filed in a timely manner. 6
392+ (iii) A citation issued under subparagraph (ii) of this paragraph shall 5
393+be mailed not later than 2 weeks after receipt of the evidence from the District Court. 6
387394
388- (3) To satisfy the evidentiary burden under paragraph (1)(ii) of this 7
389-subsection, the person named in the citation shall provide to the District Court evidence to 8
390-the satisfaction of the District Court of who was operating the vehicle at the time of the 9
391-violation, including, at a minimum, the operator’s name and current address. 10
395+ [(j)] (I) If the civil penalty is not paid and the violation is not contested, the 7
396+Administration may refuse to register or reregister the motor vehicle. 8
392397
393- (4) (i) This paragraph applies only to a citation that involves a Class E 11
394-(truck) vehicle with a registered gross weight of 26,001 pounds or more, a Class F (tractor) 12
395-vehicle, a Class G (trailer) vehicle operated in combination with a Class F (tractor) vehicle, 13
396-and a Class P (passenger bus) vehicle. 14
398+ [(k)] (J) A violation for which a civil penalty is imposed under this section: 9
397399
398- (ii) To satisfy the evidentiary burden under paragraph (1)(ii) of this 15
399-subsection, the person named in a citation described under subparagraph (i) of this 16
400-paragraph may provide to the District Court a letter, sworn to or affirmed by the person 17
401-and mailed by certified mail, return receipt requested, that: 18
400+ (1) Is not a moving violation for the purpose of assessing points under § 10
401+16–402 of this article and may not be recorded by the Administration on the driving record 11
402+of the owner or driver of the vehicle; 12
402403
403- 1. States that the person named in the citation was not 19
404-operating the vehicle at the time of the violation; and 20
404+ (2) May be treated as a parking violation for purposes of § 26–305 of this 13
405+article; and 14
405406
406- 2. Provides the name, address, and driver’s license 21
407-identification number of the person who was operating the vehicle at the time of the 22
408-violation. 23
407+ (3) May not be considered in the provision of motor vehicle insurance 15
408+coverage. 16
409409
410- (5) (i) If the District Court finds that the person named in the citation 24
411-was not operating the vehicle at the time of the violation or receives evidence under 25
412-paragraph (4)(ii)2 of this subsection identifying the person driving the vehicle at the time 26
413-of the violation, the clerk of the court shall provide to the [Baltimore City Police 27
414-Department] AGENCY a copy of any evidence substantiating who was operating the vehicle 28
415-at the time of the violation. 29
410+ [(l)] (K) In consultation with the [Baltimore City Police Department] 17
411+APPROPRIATE LOCAL GO VERNMENT AGENCIES , the Chief Judge of the District Court 18
412+shall adopt procedures for the issuance of citations, trials for violations, and the collection 19
413+of civil penalties imposed under this section. 20
416414
417- (ii) On the receipt of substantiating evidence from the District Court 30
418-under subparagraph (i) of this paragraph, [the Baltimore City Police Department] AN 31
419-AGENCY may issue a new citation as provided in subsection [(g)] (F) of this section to the 32
420-person that the evidence indicates was operating the vehicle at the time of the violation. 33
415+ [(m)] (L) (1) [The Baltimore City Police Department] AN AGENCY or a 21
416+contractor designated by the [Baltimore City Police Department] AGENCY shall administer 22
417+and process civil citations issued under this section in coordination with the District Court. 23
421418
422- (iii) A citation issued under subparagraph (ii) of this paragraph shall 34
423-be mailed not later than 2 weeks after receipt of the evidence from the District Court. 35
419+ (2) If a contractor provides, deploys, or operates a bus lane monitoring 24
420+system for [the Baltimore City Police Department] AN AGENCY, the contractor’s fee may 25
421+not be contingent on the number of citations issued or paid. 26
424422
425- [(j)] (I) If the civil penalty is not paid and the violation is not contested, the 36
426-Administration may refuse to register or reregister the motor vehicle. 37 10 HOUSE BILL 107
423+ SECTION 2. AND BE IT FURTHER ENACTED, That: 27
424+
425+ (a) There is a Workgroup on Curb Space Management. 28
426+
427+ (b) The Workgroup consists of the following members, appointed by the Governor: 29
428+
429+ (1) one representative of the Maryland Transit Administration; 30
430+
431+ (2) one representative of the Washington Metropolitan Area Transit 31
432+Authority; 32 10 HOUSE BILL 107
427433
428434
429435
430- [(k)] (J) A violation for which a civil penalty is imposed under this section: 1
436+ (3) one representative of the Baltimore City Department of Transportation; 1
431437
432- (1) Is not a moving violation for the purpose of assessing points under § 2
433-16–402 of this article and may not be recorded by the Administration on the driving record 3
434-of the owner or driver of the vehicle; 4
438+ (4) one representative of the Office of Transportation for Baltimore County; 2
435439
436- (2) May be treated as a parking violation for purposes of § 26–305 of this 5
437-article; and 6
440+ (5) one representative of the Office of Transportation for Anne Arundel 3
441+County; 4
438442
439- (3) May not be considered in the provision of motor vehicle insurance 7
440-coverage. 8
443+ (6) one representative of the Office of Transportation for Howard County; 5
441444
442- [(l)] (K) In consultation with the [Baltimore City Police Department] 9
443-APPROPRIATE LOCAL GO VERNMENT AGENCIES , the Chief Judge of the District Court 10
444-shall adopt procedures for the issuance of citations, trials for violations, and the collection 11
445-of civil penalties imposed under this section. 12
445+ (7) one representative of the Montgomery County Departm ent of 6
446+Transportation; 7
446447
447- [(m)] (L) (1) [The Baltimore City Police Department] AN AGENCY or a 13
448-contractor designated by the [Baltimore City Police Department] AGENCY shall administer 14
449-and process civil citations issued under this section in coordination with the District Court. 15
448+ (8) one representative of the Prince George’s County Department of Public 8
449+Works and Transportation; and 9
450450
451- (2) If a contractor provides, deploys, or operates a bus lane monitoring 16
452-system for [the Baltimore City Police Department] AN AGENCY, the contractor’s fee may 17
453-not be contingent on the number of citations issued or paid. 18
451+ (9) a representative of a nonprofit transportation advocacy organization 10
452+from each of the following jurisdictions: 11
454453
455- SECTION 2. AND BE IT FURTHER ENACTED, That: 19
454+ (i) Baltimore City; 12
456455
457- (a) There is a Workgroup on Curb Space Management. 20
456+ (ii) Baltimore County; 13
458457
459- (b) The Workgroup consists of the following members, appointed by the Governor: 21
458+ (iii) Anne Arundel County; 14
460459
461- (1) one representative of the Maryland Transit Administration; 22
460+ (iv) Howard County; 15
462461
463- (2) one representative of the Washington Metropolitan Area Transit 23
464-Authority; 24
462+ (v) Montgomery County; and 16
465463
466- (3) one representative of the Baltimore City Department of Transportation; 25
464+ (vi) Prince George’s County. 17
467465
468- (4) one representative of the Office of Transportation for Baltimore County; 26
466+ (c) The Governor shall designate the chair of the Workgroup. 18
469467
470- (5) one representative of the Office of Transportation for Anne Arundel 27
471-County; 28
468+ (d) The Department of Transportation shall provide staff for the Workgroup. 19
472469
473- (6) one representative of the Office of Transportation for Howard County; 29
474- HOUSE BILL 107 11
470+ (e) A member of the Workgroup: 20
471+
472+ (1) may not receive compensation as a member of the Workgroup; but 21
473+
474+ (2) is entitled to reimbursement for expenses under the Standard State 22
475+Travel Regulations, as provided in the State budget. 23
476+
477+ (f) The Workgroup shall: 24
478+
479+ (1) analyze curb space regulations within Baltimore City; 25
480+
481+ (2) provide recommendations on how to effectively manage curb space 26 HOUSE BILL 107 11
475482
476483
477- (7) one representative of the Montgomery County Department of 1
478-Transportation; 2
484+changes on roadways with frequent bus service, dedicated lanes, and parking, loading, or 1
485+standing needs; 2
479486
480- (8) one representative of the Prince George’s County Department of Public 3
481-Works and Transportation; and 4
487+ (3) examine strategies on obstruction enforcement at bus stops; 3
482488
483- (9) a representative of a nonprofit transportation advocacy organization 5
484-from each of the following jurisdictions: 6
489+ (4) provide recommendations for a public education campaign about 4
490+dedicated bus lanes and the enforcement of bus lane laws, including messaging and 5
491+potential signage; and 6
485492
486- (i) Baltimore City; 7
493+ (5) analyze potential privacy concerns when onboard bus lane obstruction 7
494+monitoring cameras are used and provide recommendations on how to address these 8
495+concerns. 9
487496
488- (ii) Baltimore County; 8
497+ (g) On or before July 1, 2024, the Workgroup shall report its findings and 10
498+recommendations to the Governor and, in accordance with § 2 –1257 of the State 11
499+Government Article, the General Assembly. 12
489500
490- (iii) Anne Arundel County; 9
501+ SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 13
502+effect October 1, 2024. 14
491503
492- (iv) Howard County; 10
504+ SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 15
505+3 of this Act, this Act shall take effect July 1, 2024. Section 2 of this Act shall remain 16
506+effective for a period of 2 years and, at the end of June 30, 2026, Section 2 of this Act, with 17
507+no further action required by the General Assembly, shall be abrogated and of no further 18
508+force and effect. 19
493509
494- (v) Montgomery County; and 11
495-
496- (vi) Prince George’s County. 12
497-
498- (c) The Governor shall designate the chair of the Workgroup. 13
499-
500- (d) The Department of Transportation shall provide staff for the Workgroup. 14
501-
502- (e) A member of the Workgroup: 15
503-
504- (1) may not receive compensation as a member of the Workgroup; but 16
505-
506- (2) is entitled to reimbursement for expenses under the Standard State 17
507-Travel Regulations, as provided in the State budget. 18
508-
509- (f) The Workgroup shall: 19
510-
511- (1) analyze curb space regulations within Baltimore City; 20
512-
513- (2) provide recommendations on how to effectively manage curb space 21
514-changes on roadways with frequent bus service, dedicated lanes, and parking, loading, or 22
515-standing needs; 23
516-
517- (3) examine strategies on obstruction enforcement at bus stops; 24
518-
519- (4) provide recommendations for a public education campaign about 25
520-dedicated bus lanes and the enforcement of bus lane laws, including messaging and 26
521-potential signage; and 27
522- 12 HOUSE BILL 107
523-
524-
525- (5) analyze potential privacy concerns when onboard bus lane obstruction 1
526-monitoring cameras are used and provide recommendations on how to address these 2
527-concerns. 3
528-
529- (g) On or before July 1, 2024, the Workgroup shall report its findings and 4
530-recommendations to the Governor and, in accordance with § 2 –1257 of the State 5
531-Government Article, the General Assembly. 6
532-
533- SECTION 3. 2. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall 7
534-take effect October 1, 2024. 8
535-
536- SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 9
537-3 of this Act, this Act shall take effect July 1, 2024. Section 2 of this Act shall remain 10
538-effective for a period of 2 years and, at the end of June 30, 2026, Section 2 of this Act, with 11
539-no further action required by the General Assembly, shall be abrogated and of no further 12
540-force and effect. 13
541-
542-
543-
544-
545-Approved:
546-________________________________________________________________________________
547- Governor.
548-________________________________________________________________________________
549- Speaker of the House of Delegates.
550-________________________________________________________________________________
551- President of the Senate.