| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0450* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 450 | |
| 11 | 8 | R5, L2 4lr1406 | |
| 12 | 9 | HB 1171/23 – ENT CF HB 58 | |
| 13 | - | By: Senators Brooks, Hettleman, Klausmeier | |
| 10 | + | By: Senators Brooks, Hettleman, Klausmeier, and West | |
| 14 | 11 | Introduced and read first time: January 22, 2024 | |
| 15 | 12 | Assigned to: Judicial Proceedings | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: February 27, 2024 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | - | Baltimore County – Speed Monitoring Systems – Residential Districts and 2 | |
| 25 | - | Mailing of Citations 3 | |
| 18 | + | Baltimore County – Speed Monitoring Systems – Residential Districts 2 | |
| 26 | 19 | ||
| 27 | - | FOR the purpose of establishing that certain provisions of law authorizing the use of speed 4 | |
| 28 | - | monitoring systems in certain residential districts apply in Baltimore County; 5 | |
| 29 | - | requiring the fines collected by Baltimore County as a result of violations enforced 6 | |
| 30 | - | by the speed monitoring systems authorized under certain provisions of this Act to 7 | |
| 31 | - | be used to assist in covering the costs of traffic calming devices in the county; 8 | |
| 32 | - | requiring that all speed limit signs within certain segments of certain highways in 9 | |
| 33 | - | Baltimore County include certain signs; making placement and use of a speed 10 | |
| 34 | - | monitoring system under this Act contingent on a determination by the Baltimore 11 | |
| 35 | - | County Police Department that the speed monitoring system is necessary and on the 12 | |
| 36 | - | approval of the Baltimore County Council subject to certain requirements; altering 13 | |
| 37 | - | a certain reporting requirement of the Maryland Police Training and Standards 14 | |
| 38 | - | Commission to include certain information on a speed monitoring system program 15 | |
| 39 | - | in Baltimore County; providing a certain person whose motor vehicle or registration 16 | |
| 40 | - | plates are stolen a certain expedited appeals process if the person is issued a certain 17 | |
| 41 | - | citation in Baltimore County, subject to certain conditions; providing that a certain 18 | |
| 42 | - | law enforcement agency in Baltimore County may not mail a certain citation until 19 | |
| 43 | - | the agency consults with the Motor Vehicle Administration to ensure that the 20 | |
| 44 | - | citation is mailed to the current owner using the owner’s current mailing address 21 | |
| 45 | - | and confirms that the motor vehicle or its registration plates were not reported as 22 | |
| 46 | - | stolen; and generally relating to speed monitoring systems in Baltimore County. 23 | |
| 20 | + | FOR the purpose of establishing that certain provisions of law authorizing the use of speed 3 | |
| 21 | + | monitoring systems in certain residential districts apply in Baltimore County; 4 | |
| 22 | + | requiring that all speed limit signs within certain segments of certain highways in 5 | |
| 23 | + | Baltimore County include certain signs; making placement and use of a speed 6 | |
| 24 | + | monitoring system under this Act contingent on a determination by the Baltimore 7 | |
| 25 | + | County Police Department that the speed monitoring system is necessary and on the 8 | |
| 26 | + | approval of the Baltimore County Council; and generally relating to speed 9 | |
| 27 | + | monitoring systems in Baltimore County. 10 | |
| 47 | 28 | ||
| 48 | - | BY repealing and reenacting, without amendments, 24 2 SENATE BILL 450 | |
| 49 | - | ||
| 50 | - | ||
| 51 | - | Article – Courts and Judicial Proceedings 1 | |
| 52 | - | Section 7–302(e)(4)(i) 2 | |
| 53 | - | Annotated Code of Maryland 3 | |
| 54 | - | (2020 Replacement Volume and 2023 Supplement) 4 | |
| 55 | - | ||
| 56 | - | BY adding to 5 | |
| 57 | - | Article – Courts and Judicial Proceedings 6 | |
| 58 | - | Section 7–302(e)(4)(vii) 7 | |
| 59 | - | Annotated Code of Maryland 8 | |
| 60 | - | (2020 Replacement Volume and 2023 Supplement) 9 | |
| 61 | - | ||
| 62 | - | BY repealing and reenacting, without amendments, 10 | |
| 63 | - | Article – Transportation 11 | |
| 64 | - | Section 21–101(a) and (s) and 21–809(a)(1) and (8) and (b)(1)(i) Section 11–102, 12 | |
| 65 | - | 21–101(a) and (s), and 21–809(a)(1), (2), and (8), (b)(1)(i) and (x)1., and (d)(1)(i) 13 | |
| 29 | + | BY repealing and reenacting, without amendments, 11 | |
| 30 | + | Article – Transportation 12 | |
| 31 | + | Section 21–101(a) and (s) and 21–809(a)(1) and (8) and (b)(1)(i) 13 | |
| 66 | 32 | Annotated Code of Maryland 14 | |
| 67 | 33 | (2020 Replacement Volume and 2023 Supplement) 15 | |
| 68 | 34 | ||
| 69 | 35 | BY repealing and reenacting, with amendments, 16 | |
| 70 | 36 | Article – Transportation 17 | |
| 71 | - | Section 21–809(b)(1)(vi) and (viii) | |
| 37 | + | Section 21–809(b)(1)(vi) and (viii) 18 | |
| 72 | 38 | Annotated Code of Maryland 19 | |
| 73 | 39 | (2020 Replacement Volume and 2023 Supplement) 20 | |
| 74 | 40 | ||
| 75 | 41 | BY adding to 21 | |
| 76 | 42 | Article – Transportation 22 | |
| 77 | - | Section 21–809(b)(1)(xii) | |
| 43 | + | Section 21–809(b)(1)(xii) 23 | |
| 78 | 44 | Annotated Code of Maryland 24 | |
| 79 | 45 | (2020 Replacement Volume and 2023 Supplement) 25 | |
| 80 | 46 | ||
| 81 | 47 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26 | |
| 82 | - | That the Laws of Maryland read as follows: 27 | |
| 83 | - | ||
| 84 | - | Article – Courts and Judicial Proceedings 28 | |
| 85 | - | ||
| 86 | - | 7–302. 29 | |
| 87 | - | ||
| 88 | - | (e) (4) (i) Except as provided in paragraph (5) of this subsection, from the 30 | |
| 89 | - | fines collected by a political subdivision as a result of violations enforced by speed 31 | |
| 90 | - | monitoring systems, school bus monitoring cameras, or bus lane monitoring systems, a 32 | |
| 91 | - | political subdivision: 33 | |
| 92 | - | ||
| 93 | - | 1. May recover the costs of implementing and administering 34 | |
| 94 | - | the speed monitoring systems, school bus monitoring cameras, or bus lane monitoring 35 | |
| 95 | - | systems; and 36 | |
| 96 | - | SENATE BILL 450 3 | |
| 97 | - | ||
| 98 | - | ||
| 99 | - | 2. Subject to subparagraphs (ii), (iii), and (iv) of this 1 | |
| 100 | - | paragraph, may spend any remaining balance solely for public safety purposes, including 2 | |
| 101 | - | pedestrian safety programs. 3 | |
| 102 | - | ||
| 103 | - | (VII) FROM THE FINES COLLEC TED BY BALTIMORE COUNTY AS A 4 | |
| 104 | - | RESULT OF VIOLATIONS ENFORCED BY SPEED MO NITORING SYSTEMS IN 5 | |
| 105 | - | RESIDENTIAL DISTRICT S AUTHORIZED UNDER § 21–809(B)(1)(VI)1 OF THE 6 | |
| 106 | - | TRANSPORTATION ARTICLE, ANY BALANCE REMAININ G AFTER THE ALLOCATI ON OF 7 | |
| 107 | - | FINES UNDER SUBPARAG RAPH (I)1 OF THIS PARAGRAPH SH ALL BE USED SOLELY T O 8 | |
| 108 | - | ASSIST IN COVERING T HE COST OF SITING , CONSTRUCT ING, INSTALLING, AND 9 | |
| 109 | - | MAINTAINING TRAFFIC CALMING DEVICES IN BALTIMORE COUNTY. 10 | |
| 110 | - | ||
| 111 | - | Article – Transportation 11 | |
| 112 | - | ||
| 113 | - | 21–101. 12 | |
| 114 | - | ||
| 115 | - | (a) In this title and Title 25 of this article the following words have the meanings 13 | |
| 116 | - | indicated. 14 | |
| 117 | - | ||
| 118 | - | (s) “Residential district” means an area that: 15 | |
| 119 | - | ||
| 120 | - | (1) Is not a business district; and 16 | |
| 121 | - | ||
| 122 | - | (2) Adjoins and includes a highway where the property along the highway, 17 | |
| 123 | - | for a distance of at least 300 feet, is improved mainly with residences or residences and 18 | |
| 124 | - | buildings used for business. 19 | |
| 125 | - | ||
| 126 | - | 21–809. 20 | |
| 127 | - | ||
| 128 | - | (a) (1) In this section the following words have the meanings indicated. 21 | |
| 129 | - | ||
| 130 | - | (8) “Speed monitoring system” means a device with one or more motor 22 | |
| 131 | - | vehicle sensors producing recorded images of motor vehicles traveling at speeds at least 12 23 | |
| 132 | - | miles per hour above the posted speed limit. 24 | |
| 133 | - | ||
| 134 | - | (b) (1) (i) A speed monitoring system may not be used in a local jurisdiction 25 | |
| 135 | - | under this section unless its use is authorized by the governing body of the local jurisdiction 26 | |
| 136 | - | by local law enacted after reasonable notice and a public hearing. 27 | |
| 137 | - | ||
| 138 | - | (vi) This section applies to a violation of this subtitle recorded by a 28 | |
| 139 | - | speed monitoring system that meets the requirements of this subsection and has been 29 | |
| 140 | - | placed: 30 | |
| 141 | - | ||
| 142 | - | 1. In Anne Arundel County, BALTIMORE COUNTY, 31 | |
| 143 | - | Montgomery County, or Prince George’s County, on a highway in a residential district, as 32 4 SENATE BILL 450 | |
| 144 | - | ||
| 145 | - | ||
| 146 | - | defined in § 21–101 of this title, with a maximum posted speed limit of 35 miles per hour, 1 | |
| 147 | - | which speed limit was established using generally accepted traffic engineering practices; 2 | |
| 148 | - | ||
| 149 | - | 2. In a school zone with a posted speed limit of at least 20 3 | |
| 150 | - | miles per hour; 4 | |
| 151 | - | ||
| 152 | - | 3. In Prince George’s County: 5 | |
| 153 | - | ||
| 154 | - | A. Subject to subparagraph (vii)1 of this paragraph, on 6 | |
| 155 | - | Maryland Route 210 (Indian Head Highway); or 7 | |
| 156 | - | ||
| 157 | - | B. On that part of a highway located within the grounds of 8 | |
| 158 | - | an institution of higher education as defined in § 10–101(h) of the Education Article, or 9 | |
| 159 | - | within one–half mile of the grounds of a building or property used by the institution of 10 | |
| 160 | - | higher education where generally accepted traffic and engineering practices indicate that 11 | |
| 161 | - | motor vehicle, pedestrian, or bicycle traffic is substantially generated or influenced by the 12 | |
| 162 | - | institution of higher education; 13 | |
| 163 | - | ||
| 164 | - | 4. Subject to subparagraph (vii)2 of this paragraph, on 14 | |
| 165 | - | Interstate 83 in Baltimore City; 15 | |
| 166 | - | ||
| 167 | - | 5. In Anne Arundel County, on Maryland Route 175 (Jessup 16 | |
| 168 | - | Road) between the Maryland Route 175/295 interchange and the Anne Arundel 17 | |
| 169 | - | County–Howard County line; or 18 | |
| 170 | - | ||
| 171 | - | 6. Subject to subparagraph (vii)3 of this paragraph, at the 19 | |
| 172 | - | intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County. 20 | |
| 173 | - | ||
| 174 | - | (viii) Before activating a speed monitoring system, the local 21 | |
| 175 | - | jurisdiction shall: 22 | |
| 176 | - | ||
| 177 | - | 1. Publish notice of the location of the speed monitoring 23 | |
| 178 | - | system on its website and in a newspaper of general circulation in the jurisdiction; 24 | |
| 179 | - | ||
| 180 | - | 2. Ensure that each sign that designates a school zone is 25 | |
| 181 | - | proximate to a sign that: 26 | |
| 182 | - | ||
| 183 | - | A. Indicates that speed monitoring systems are in use in the 27 | |
| 184 | - | school zone; and 28 | |
| 185 | - | ||
| 186 | - | B. Is in accordance with the manual for and the specifications 29 | |
| 187 | - | for a uniform system of traffic control devices adopted by the State Highway Administration 30 | |
| 188 | - | under § 25–104 of this article; 31 | |
| 189 | - | ||
| 190 | - | 3. With regard to a speed monitoring system established on 32 | |
| 191 | - | Maryland Route 210 (Indian Head Highway) in Prince George’s County, based on proximity 33 | |
| 192 | - | to an institution of higher education under subparagraph (vi)3 of this paragraph, on 34 SENATE BILL 450 5 | |
| 193 | - | ||
| 194 | - | ||
| 195 | - | Interstate 83 in Baltimore City, IN BALTIMORE COUNTY UNDER SUBPARAG RAPH (VI)1 1 | |
| 196 | - | OF THIS PARAGRAPH , in Anne Arundel County on Maryland Route 175 (Jessup Road) 2 | |
| 197 | - | between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 3 | |
| 198 | - | County line, or at the intersection of Maryland Route 333 (Oxford Road) and Bonfield 4 | |
| 199 | - | Avenue in Talbot County, ensure that all speed limit signs approaching and within the 5 | |
| 200 | - | segment of highway on which the speed monitoring system is located include signs that: 6 | |
| 201 | - | ||
| 202 | - | A. Are in accordance with the manual and specifications for 7 | |
| 203 | - | a uniform system of traffic control devices adopted by the State Highway Administration 8 | |
| 204 | - | under § 25–104 of this article; and 9 | |
| 205 | - | ||
| 206 | - | B. Indicate that a speed monitoring system is in use; and 10 | |
| 207 | - | ||
| 208 | - | 4. With regard to a speed monitoring system placed on 11 | |
| 209 | - | Maryland Route 210 (Indian Head Highway) in Prince George’s County, Interstate 83 in 12 | |
| 210 | - | Baltimore City, in Anne Arundel County on Maryland Route 175 (Jessup Road) between 13 | |
| 211 | - | the Maryland Route 175/295 interchange and the Anne Arundel County–Howard County 14 | |
| 212 | - | line, or at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in 15 | |
| 213 | - | Talbot County, ensure that each sign that indicates that a speed monitoring system is in 16 | |
| 214 | - | use is proximate to a device that displays a real–time posting of the speed at which a driver 17 | |
| 215 | - | is traveling. 18 | |
| 216 | - | ||
| 217 | - | (XII) A SPEED MONITORING SYS TEM MAY NOT BE PLACE D OR 19 | |
| 218 | - | USED IN BALTIMORE COUNTY UNDER SUBPARAG RAPH (VI)1 OF THIS PARAGRAPH 20 | |
| 219 | - | UNLESS, IN ACCORDANCE WITH R EGULATIONS ADOPTED B Y THE BALTIMORE 21 | |
| 220 | - | COUNTY ADMINISTRATION TO CAR RY OUT THIS SUBPARAG RAPH: 22 | |
| 221 | - | ||
| 222 | - | 1. THE BALTIMORE COUNTY POLICE DEPARTMENT : 23 | |
| 223 | - | ||
| 224 | - | A. DETERMINES DETERMINES THAT THE SPEED 24 | |
| 225 | - | MONITORING SYSTEM IS NECESSARY BASED ON A TRAFFIC SAFETY ANALY SIS FOR 25 | |
| 226 | - | THE PROPOSED LOCATIO N CONDUCTED IN CONJU NCTION WITH THE BALTIMORE 26 | |
| 227 | - | COUNTY DEPARTMENT OF PUBLIC WORKS; AND 27 | |
| 228 | - | ||
| 229 | - | B. TO THE EXTENT PRACTIC ABLE, CONSIDERS WHETHER 28 | |
| 230 | - | THE PLACEMENT OF THE SPEED MONITORING SYS TEM AT THE PROPOSED LOCATION 29 | |
| 231 | - | DISPARATELY IMPACTS MOTOR VEHICLE OWNERS AND RESIDENTIAL COMM UNITIES 30 | |
| 232 | - | BASED ON RACE OR SOC IOECONOMIC STATUS ; AND 31 | |
| 233 | - | ||
| 234 | - | 2. THE PLACEMENT AND USE OF THE SPEED 32 | |
| 235 | - | MONITORING SYSTEM IS APPROVED BY THE BALTIMORE COUNTY COUNCIL AFTER 33 | |
| 236 | - | NOTICE AND AN OPPORT UNITY FOR PUBLIC INP UT ARE PROVIDED PUBLIC NOTICE 34 | |
| 237 | - | AND AN OPPORTUNITY F OR COMMENT HAS BEEN PROVIDED. 35 | |
| 238 | - | 6 SENATE BILL 450 | |
| 239 | - | ||
| 240 | - | ||
| 241 | - | (k) (1) On or before December 31 of each year, the Maryland Police Training 1 | |
| 242 | - | and Standards Commission shall: 2 | |
| 243 | - | ||
| 244 | - | (i) Compile and make publicly available a report for the previous 3 | |
| 245 | - | fiscal year on each speed monitoring system program operated by a local jurisdiction under 4 | |
| 246 | - | this section; and 5 | |
| 247 | - | ||
| 248 | - | (ii) Submit the report to the Governor and, in accordance with § 6 | |
| 249 | - | 2–1257 of the State Government Article, the General Assembly. 7 | |
| 250 | - | ||
| 251 | - | (2) The report shall include: 8 | |
| 252 | - | ||
| 253 | - | (i) The total number of citations issued; 9 | |
| 254 | - | ||
| 255 | - | (ii) The number of citations issued and the number voided as 10 | |
| 256 | - | erroneous violations for each camera; 11 | |
| 257 | - | ||
| 258 | - | (iii) The gross revenue generated by the program; 12 | |
| 259 | - | ||
| 260 | - | (iv) The expenditures incurred by the program; 13 | |
| 261 | - | ||
| 262 | - | (v) The net revenue generated by the program; 14 | |
| 263 | - | ||
| 264 | - | (vi) The total amount of any payments made to a contractor under 15 | |
| 265 | - | the program; 16 | |
| 266 | - | ||
| 267 | - | (vii) A description of how the net revenue generated by the program 17 | |
| 268 | - | was used; 18 | |
| 269 | - | ||
| 270 | - | (viii) The number of employees of the local jurisdiction involved in the 19 | |
| 271 | - | program; 20 | |
| 272 | - | ||
| 273 | - | (ix) The type of speed monitoring system used by the local 21 | |
| 274 | - | jurisdiction; 22 | |
| 275 | - | ||
| 276 | - | (x) The locations at which each speed monitoring system was used 23 | |
| 277 | - | in the local jurisdiction; 24 | |
| 278 | - | ||
| 279 | - | (xi) The activation start and stop dates of each speed monitoring 25 | |
| 280 | - | system for each location at which it was used; [and] 26 | |
| 281 | - | ||
| 282 | - | (xii) The number of citations issued by each speed monitoring system 27 | |
| 283 | - | at each location; AND 28 | |
| 284 | - | ||
| 285 | - | (XIII) FOR A SPEED MONITORIN G SYSTEM PROGRAM IN 29 | |
| 286 | - | BALTIMORE COUNTY: 30 | |
| 287 | - | SENATE BILL 450 7 | |
| 288 | - | ||
| 289 | - | ||
| 290 | - | 1. THE NUMBER OF TRAFFIC ACCIDENTS AT THE 1 | |
| 291 | - | LOCATION OF EACH SPE ED MONITORING SYSTEM COMPARED WITH THE NU MBER OF 2 | |
| 292 | - | TRAFFIC ACCIDENTS AT THE SAME LOCATION DU RING EACH OF THE 2 PRIOR FISCAL 3 | |
| 293 | - | YEARS; 4 | |
| 294 | - | ||
| 295 | - | 2. THE NUMBER OF VIOLATI ONS FOR WHICH A CITA TION 5 | |
| 296 | - | WAS ISSUED THAT OCCU RRED IN EACH CENSUS TRACT; 6 | |
| 297 | - | ||
| 298 | - | 3. A DESCRIPTION OF ANY C HANGES IN THE LOCATI ON 7 | |
| 299 | - | OF A SPEED MONITORIN G SYSTEM; AND 8 | |
| 300 | - | ||
| 301 | - | 4. THE TOTAL AMOUNT OF C IVIL PENALTIES 9 | |
| 302 | - | COLLECTED UNDER THE PROGRAM, DISAGGREGATED BY SPE ED MONITORING 10 | |
| 303 | - | SYSTEM. 11 | |
| 304 | - | ||
| 305 | - | (3) Each local jurisdiction with a speed monitoring system program shall 12 | |
| 306 | - | submit the information required under paragraph (2) of this subsection to the Commission 13 | |
| 307 | - | by October 31 of each year and assist the Commission in the preparation of the annual 14 | |
| 308 | - | report. 15 | |
| 309 | - | ||
| 310 | - | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 16 | |
| 311 | - | as follows: 17 | |
| 312 | - | ||
| 313 | - | Article – Transportation 18 | |
| 314 | - | ||
| 315 | - | 11–102. 19 | |
| 316 | - | ||
| 317 | - | “Administration” means the Motor Vehicle Administration. 20 | |
| 318 | - | ||
| 319 | - | 21–809. 21 | |
| 320 | - | ||
| 321 | - | (a) (1) In this section the following words have the meanings indicated. 22 | |
| 322 | - | ||
| 323 | - | (2) “Agency” means: 23 | |
| 324 | - | ||
| 325 | - | (i) A law enforcement agency of a local political subdivision that is 24 | |
| 326 | - | authorized to issue a citation for a violation of the Maryland Vehicle Law or of local traffic 25 | |
| 327 | - | laws or regulations; or 26 | |
| 328 | - | ||
| 329 | - | (ii) For a municipal corporation that does not maintain a police force, 27 | |
| 330 | - | an agency established or designated by the municipal corporation to implement this 28 | |
| 331 | - | subtitle using speed monitoring systems in accordance with this section. 29 | |
| 332 | - | ||
| 333 | - | (b) (1) (x) 1. A local jurisdiction that authorizes a program of speed 30 | |
| 334 | - | monitoring systems shall designate an official or employee to investigate and respond to 31 | |
| 335 | - | questions or concerns about the local jurisdiction’s speed monitoring system program. 32 8 SENATE BILL 450 | |
| 48 | + | That the Laws of Maryland read as follows: 27 2 SENATE BILL 450 | |
| 336 | 49 | ||
| 337 | 50 | ||
| 338 | 51 | ||
| 339 | - | 2. A. The local designee shall review a citation generated 1 | |
| 340 | - | by a speed monitoring system if the person who received the citation requests review before 2 | |
| 341 | - | the deadline for contesting liability under this section. 3 | |
| 52 | + | Article – Transportation 1 | |
| 342 | 53 | ||
| 343 | - | B. If the local designee determines that the citation is an 4 | |
| 344 | - | erroneous violation, the local designee shall void the citation. 5 | |
| 54 | + | 21–101. 2 | |
| 345 | 55 | ||
| 346 | - | C. IN BALTIMORE COUNTY, IF THE LOCAL DESIGNE E 6 | |
| 347 | - | DETERMINES THAT THE CITATION WAS MAILED BEFORE THE MOTOR VEHICLE 7 | |
| 348 | - | INVOLVED IN THE VIOL ATION OR ITS REGISTR ATION PLATES WERE RE PORTED AS 8 | |
| 349 | - | STOLEN AND THE MOTOR VEHICLE OR REGISTRAT ION PLATES WERE NOT IN THE 9 | |
| 350 | - | PERSON’S CONTROL OR POSSESS ION AT THE TIME THE VIOLATION OCCURRED , THE 10 | |
| 351 | - | LOCAL DESIGNEE SHALL VOID THE CITATION. 11 | |
| 56 | + | (a) In this title and Title 25 of this article the following words have the meanings 3 | |
| 57 | + | indicated. 4 | |
| 352 | 58 | ||
| 353 | - | [C.] D. If the local designee determines that a person did 12 | |
| 354 | - | not receive notice of a citation issued under this section due to an administrative error, the 13 | |
| 355 | - | local designee may resend the citation in accordance with subsection (d) of this section or 14 | |
| 356 | - | void the citation. 15 | |
| 59 | + | (s) “Residential district” means an area that: 5 | |
| 357 | 60 | ||
| 358 | - | [D.] E. A local designee that takes any action described 16 | |
| 359 | - | under subsubsubparagraph C of this subsubparagraph shall notify the Administration of 17 | |
| 360 | - | the action for the purpose of rescinding any administrative penalties imposed under 18 | |
| 361 | - | subsection (g) of this section. 19 | |
| 61 | + | (1) Is not a business district; and 6 | |
| 362 | 62 | ||
| 363 | - | [E.] F. A local designee may not determine that a citation 20 | |
| 364 | - | is an erroneous violation based solely on the dismissal of the citation by a court. 21 | |
| 63 | + | (2) Adjoins and includes a highway where the property along the highway, 7 | |
| 64 | + | for a distance of at least 300 feet, is improved mainly with residences or residences and 8 | |
| 65 | + | buildings used for business. 9 | |
| 365 | 66 | ||
| 366 | - | (d) (1) Subject to the provisions of paragraphs (2) through (4) of this 22 | |
| 367 | - | subsection, an agency shall mail to an owner liable under subsection (c) of this section a 23 | |
| 368 | - | citation that shall include: 24 | |
| 67 | + | 21–809. 10 | |
| 369 | 68 | ||
| 370 | - | ( | |
| 69 | + | (a) (1) In this section the following words have the meanings indicated. 11 | |
| 371 | 70 | ||
| 372 | - | ( | |
| 373 | - | ||
| 374 | - | THE | |
| 71 | + | (8) “Speed monitoring system” means a device with one or more motor 12 | |
| 72 | + | vehicle sensors producing recorded images of motor vehicles traveling at speeds at least 12 13 | |
| 73 | + | miles per hour above the posted speed limit. 14 | |
| 375 | 74 | ||
| 376 | - | (I) CONSULTS WITH THE ADMINISTRATION TO ENS URE THE 29 | |
| 377 | - | CITATION IS MAILED T O THE CURRENT OWNER OF THE VEHICLE USING : 30 | |
| 75 | + | (b) (1) (i) A speed monitoring system may not be used in a local jurisdiction 15 | |
| 76 | + | under this section unless its use is authorized by the governing body of the local jurisdiction 16 | |
| 77 | + | by local law enacted after reasonable notice and a public hearing. 17 | |
| 378 | 78 | ||
| 379 | - | 1. THE CURRENT MAILING A DDRESS ON FILE WITH THE 31 | |
| 380 | - | ADMINISTRATION ; OR 32 | |
| 381 | - | SENATE BILL 450 9 | |
| 79 | + | (vi) This section applies to a violation of this subtitle recorded by a 18 | |
| 80 | + | speed monitoring system that meets the requirements of this subsection and has been 19 | |
| 81 | + | placed: 20 | |
| 82 | + | ||
| 83 | + | 1. In Anne Arundel County, BALTIMORE COUNTY, 21 | |
| 84 | + | Montgomery County, or Prince George’s County, on a highway in a residential district, as 22 | |
| 85 | + | defined in § 21–101 of this title, with a maximum posted speed limit of 35 miles per hour, 23 | |
| 86 | + | which speed limit was established using generally accepted traffic engineering practices; 24 | |
| 87 | + | ||
| 88 | + | 2. In a school zone with a posted speed limit of at least 20 25 | |
| 89 | + | miles per hour; 26 | |
| 90 | + | ||
| 91 | + | 3. In Prince George’s County: 27 | |
| 92 | + | ||
| 93 | + | A. Subject to subparagraph (vii)1 of this paragraph, on 28 | |
| 94 | + | Maryland Route 210 (Indian Head Highway); or 29 | |
| 95 | + | ||
| 96 | + | B. On that part of a highway located within the grounds of 30 | |
| 97 | + | an institution of higher education as defined in § 10–101(h) of the Education Article, or 31 SENATE BILL 450 3 | |
| 382 | 98 | ||
| 383 | 99 | ||
| 384 | - | 2. IF A MAILING ADDRESS IS UNAVAILABLE , THE 1 | |
| 385 | - | CURRENT RESIDENTIAL ADDRESS ON FILE WITH THE ADMINISTRATION ; AND 2 | |
| 100 | + | within one–half mile of the grounds of a building or property used by the institution of 1 | |
| 101 | + | higher education where generally accepted traffic and engineering practices indicate that 2 | |
| 102 | + | motor vehicle, pedestrian, or bicycle traffic is substantially generated or influenced by the 3 | |
| 103 | + | institution of higher education; 4 | |
| 386 | 104 | ||
| 387 | - | ( | |
| 388 | - | ||
| 105 | + | 4. Subject to subparagraph (vii)2 of this paragraph, on 5 | |
| 106 | + | Interstate 83 in Baltimore City; 6 | |
| 389 | 107 | ||
| 390 | - | [(5)] (6) A person who receives a citation under paragraph (1) of this 5 | |
| 391 | - | subsection may: 6 | |
| 108 | + | 5. In Anne Arundel County, on Maryland Route 175 (Jessup 7 | |
| 109 | + | Road) between the Maryland Route 175/295 interchange and the Anne Arundel 8 | |
| 110 | + | County–Howard County line; or 9 | |
| 392 | 111 | ||
| 393 | - | ( | |
| 394 | - | ||
| 112 | + | 6. Subject to subparagraph (vii)3 of this paragraph, at the 10 | |
| 113 | + | intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County. 11 | |
| 395 | 114 | ||
| 396 | - | ( | |
| 397 | - | ||
| 115 | + | (viii) Before activating a speed monitoring system, the local 12 | |
| 116 | + | jurisdiction shall: 13 | |
| 398 | 117 | ||
| 399 | - | (III) WITH REGARD TO A CITA TION FOR A VIOLATION RECORDED 11 | |
| 400 | - | BY A SPEED MONITORIN G SYSTEM IN BALTIMORE COUNTY, REQUEST REVIEW OF 12 | |
| 401 | - | THE CITATION BY A LO CAL DESIGNEE UNDER S UBSECTION (B)(1)(X)2A OF THIS 13 | |
| 402 | - | SECTION IF THE MOTOR VEHIC LE OR ITS REGISTRATI ON PLATES WERE : 14 | |
| 118 | + | 1. Publish notice of the location of the speed monitoring 14 | |
| 119 | + | system on its website and in a newspaper of general circulation in the jurisdiction; 15 | |
| 403 | 120 | ||
| 404 | - | | |
| 405 | - | ||
| 121 | + | 2. Ensure that each sign that designates a school zone is 16 | |
| 122 | + | proximate to a sign that: 17 | |
| 406 | 123 | ||
| 407 | - | | |
| 408 | - | ||
| 124 | + | A. Indicates that speed monitoring systems are in use in the 18 | |
| 125 | + | school zone; and 19 | |
| 409 | 126 | ||
| 410 | - | SECTION 2. 3. AND BE IT FURTHER ENACTED, That thi s Act shall take effect 19 | |
| 411 | - | October 1, 2024. Section 1 of this Act shall remain effective for a period of 10 years and, at 20 | |
| 412 | - | the end of September 30, 2034, Section 1 of this Act, with no further action required by the 21 | |
| 413 | - | General Assembly, shall be abrogated and of no further force and effect. 22 | |
| 127 | + | B. Is in accordance with the manual for and the specifications 20 | |
| 128 | + | for a uniform system of traffic control devices adopted by the State Highway Administration 21 | |
| 129 | + | under § 25–104 of this article; 22 | |
| 130 | + | ||
| 131 | + | 3. With regard to a speed monitoring system established on 23 | |
| 132 | + | Maryland Route 210 (Indian Head Highway) in Prince George’s County, based on proximity 24 | |
| 133 | + | to an institution of higher education under subparagraph (vi)3 of this paragraph, on 25 | |
| 134 | + | Interstate 83 in Baltimore City, IN BALTIMORE COUNTY UNDER SUBPARAG RAPH (VI)1 26 | |
| 135 | + | OF THIS PARAGRAPH , in Anne Arundel County on Maryland Route 175 (Jessup Road) 27 | |
| 136 | + | between the Maryland Route 175/295 interchange and the Anne Arundel County–Howard 28 | |
| 137 | + | County line, or at the intersection of Maryland Route 333 (Oxford Road) and Bonfield 29 | |
| 138 | + | Avenue in Talbot County, ensure that all speed limit signs approaching and within the 30 | |
| 139 | + | segment of highway on which the speed monitoring system is located include signs that: 31 | |
| 140 | + | ||
| 141 | + | A. Are in accordance with the manual and specifications for 32 | |
| 142 | + | a uniform system of traffic control devices adopted by the State Highway Administration 33 | |
| 143 | + | under § 25–104 of this article; and 34 | |
| 144 | + | ||
| 145 | + | B. Indicate that a speed monitoring system is in use; and 35 | |
| 146 | + | 4 SENATE BILL 450 | |
| 414 | 147 | ||
| 415 | 148 | ||
| 149 | + | 4. With regard to a speed monitoring system placed on 1 | |
| 150 | + | Maryland Route 210 (Indian Head Highway) in Prince George’s County, Interstate 83 in 2 | |
| 151 | + | Baltimore City, in Anne Arundel County on Maryland Route 175 (Jessup Road) between 3 | |
| 152 | + | the Maryland Route 175/295 interchange and the Anne Arundel County–Howard County 4 | |
| 153 | + | line, or at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in 5 | |
| 154 | + | Talbot County, ensure that each sign that indicates that a speed monitoring system is in 6 | |
| 155 | + | use is proximate to a device that displays a real–time posting of the speed at which a driver 7 | |
| 156 | + | is traveling. 8 | |
| 416 | 157 | ||
| 158 | + | (XII) A SPEED MONITO RING SYSTEM MAY NOT BE PLACED OR 9 | |
| 159 | + | USED IN BALTIMORE COUNTY UNDER SUBPARAG RAPH (VI)1 OF THIS PARAGRAPH 10 | |
| 160 | + | UNLESS: 11 | |
| 417 | 161 | ||
| 162 | + | 1. THE BALTIMORE COUNTY POLICE DEPARTMENT 12 | |
| 163 | + | DETERMINES THAT THE SPEED MONITORING SYS TEM IS NECESSARY BAS ED ON A 13 | |
| 164 | + | TRAFFIC SAFETY ANALY SIS FOR THE PROPOSED LOCATION CO NDUCTED IN 14 | |
| 165 | + | CONJUNCTION WITH THE BALTIMORE COUNTY DEPARTMENT OF PUBLIC WORKS; 15 | |
| 166 | + | AND 16 | |
| 418 | 167 | ||
| 419 | - | ||
| 420 | - | ||
| 421 | - | ||
| 422 | - | ||
| 423 | - | | |
| 424 | - | ||
| 425 | - | | |
| 168 | + | 2. THE PLACEMENT AND USE OF THE SPEED 17 | |
| 169 | + | MONITORING SYSTEM IS APPROVED BY THE BALTIMORE COUNTY COUNCIL AFTER 18 | |
| 170 | + | NOTICE AND AN OPPORT UNITY FOR PUBLIC INP UT ARE PROVIDED . 19 | |
| 171 | + | ||
| 172 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20 | |
| 173 | + | October 1, 2024. 21 | |
| 174 | + |