EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTING LA W.
[Brackets] indicate matter deleted from existing law.
*sb0943*
SENATE BILL 943
R5 4lr1320
HB 1027/23 – ENT
By: Senators Kelly and Lam
Introduced and read first time: February 2, 2024
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Vehicle Laws – Bus Obstruction Monitoring Systems 2
(Better Bus Service Act of 2024) 3
FOR the purpose of authorizing the use of automated bus obstruction monitoring systems 4
to enforce violations of certain parking–related prohibitions; making statewide the 5
authority of a local jurisdiction to use, in accordance with certain standards and 6
procedures, bus obstruction monitoring systems to enforce certain prohibited acts 7
related to dedicated areas near the edge of roadways; prohibiting a person from 8
stopping, standing, or parking a vehicle in certain areas of the roadway; establishing 9
the Workgroup on Curb Space Management; and generally relating to bus 10
obstruction monitoring systems. 11
BY repealing and reenacting, without amendments, 12
Article – Transportation 13
Section 21–101(a) and 21–1003(a), (j), (r), and (dd) 14
Annotated Code of Maryland 15
(2020 Replacement Volume and 2023 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Transportation 18
Section 21–101(i–1), 21–1133, and 21–1134 19
Annotated Code of Maryland 20
(2020 Replacement Volume and 2023 Supplement) 21
BY adding to 22
Article – Transportation 23
Section 21–1003(gg) and (hh) 24
Annotated Code of Maryland 25
(2020 Replacement Volume and 2023 Supplement) 26
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 27 2 SENATE BILL 943
That the Laws of Maryland read as follows: 1
Article – Transportation 2
21–101. 3
(a) In this title and Title 25 of this article the following words have the meanings 4
indicated. 5
(i–1) (1) “Dedicated bus lane” means a lane designated for use by mass transit 6
vehicles owned, operated, or contracted for by the Maryland Transit Administration, THE 7
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, or a local department of 8
transportation. 9
(2) “DEDICATED BUS LANE ” INCLUDES TRANSIT BUS STOPS. 10
21–1003. 11
(a) The provisions of this section apply except as necessary to avoid conflict with 12
other traffic or in compliance with law or the directions of a police officer or traffic control 13
device. 14
(j) A person may not stop, stand, or park a vehicle at any place where stopping is 15
prohibited by an official sign. 16
(r) A person may not stand or park a vehicle on the roadway side of any other 17
vehicle that is stopped or parked at the edge or curb of a highway. 18
(dd) A person may not stop, stand, or park a vehicle in front of a curb ramp 19
designed for the use of individuals with disabilities. 20
(GG) A PERSON MAY NOT STOP , STAND, OR PARK A VEHICLE IN A BUS STOP 21
ZONE. 22
(HH) A PERSON MAY NOT STOP , STAND, OR PARK A VEHICLE IN A BIKE LA NE. 23
21–1133. 24
(a) Except as provided in subsection (b) of this section, a person may not drive, 25
STAND, OR PARK a vehicle in a dedicated bus lane unless authorized by the local 26
jurisdiction in which the dedicated bus lane is located. 27
(b) The following vehicles may be driven, ALLOWED TO STAND , OR PARKED in 28
a dedicated bus lane: 29
(1) A transit vehicle owned, operated, or contracted for by the Maryland 30 SENATE BILL 943 3
Transit Administration, THE WASHINGTON METROPOLITAN AREA TRANSIT 1
AUTHORITY, or a local department of transportation; 2
(2) A school bus; 3
(3) A bicycle; 4
(4) An emergency vehicle; [and] 5
(5) A vehicle making a right turn at the next immediate intersection; AND 6
(6) A PRIVATELY OPERATED B US WITH A SEATING CA PACITY 7
GREATER THAN 16 PASSENGERS . 8
21–1134. 9
(a) (1) In this section the following words have the meanings indicated. 10
(2) “AGENCY” MEANS: 11
(I) A LAW ENFORCEMENT AGEN CY OR PARKING ENFORC EMENT 12
AGENCY OF A LOCAL PO LITICAL SUBDIVISION THAT IS AUTHORIZED T O ISSUE A 13
CITATION FOR A VIOLAT ION OF THE MARYLAND VEHICLE LAW OR OF LOCAL 14
TRAFFIC AND PARKING LAWS OR REGULATIONS ; 15
(II) FOR A MUNICIPAL CORPO RATION THAT DOES NOT 16
MAINTAIN A POLICE FO RCE, AN AGENCY ESTABLISHE D OR DESIGNATED BY T HE 17
MUNICIPAL CORPORATIO N TO USE BUS OBSTRUCTION MONITORI NG SYSTEMS IN 18
ACCORDANCE WITH THIS SECTION; OR 19
(III) A LOCAL, REGIONAL, OR STATEWIDE TRANSIT AGENCY OR 20
AUTHORITY, INCLUDING THE MARYLAND TRANSIT ADMINISTRATION AND TH E 21
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY. 22
(3) “Bus [lane] OBSTRUCTION monitoring system” means an enforcement 23
system, INCLUDING AN ONBOARD OR FIXED MONITORING SYSTEM, that is designed to 24
capture a recorded image [of a driver] of a motor vehicle [committing] DURING THE 25
COMMISSION OF a violation. 26
[(3)] (4) “Bus [lane] OBSTRUCTION monitoring system operator” means 27
a representative of [the Baltimore City Police Department] AN AGENCY or a contractor 28
that operates a bus [lane] OBSTRUCTION monitoring system. 29
[(4)] (5) (i) “Owner” means the registered owner of a motor vehicle or 30 4 SENATE BILL 943
a lessee of a motor vehicle under a lease of 6 months or more. 1
(ii) “Owner” does not include: 2
1. A motor vehicle leasing company; or 3
2. A holder of a special registration plate issued under Title 4
13, Subtitle 9, Part III of this article. 5
[(5)] (6) “Recorded image” means an image recorded by a bus [lane] 6
OBSTRUCTION monitoring system: 7
(i) On: 8
1. A photograph; 9
2. A microphotograph; 10
3. An electronic image; 11
4. Videotape; or 12
5. Any other visual medium; and 13
(ii) Showing a motor vehicle and, on at least one image or portion of 14
the recording, clearly identifying the registration plate number of the motor vehicle. 15
[(6)] (7) “Violation” means a violation of: 16
(I) § 21–1133 of this subtitle; OR 17
(II) § 21–1003(J), (R), (DD), (GG), OR (HH) OF THIS TITLE. 18
(b) [This section applies only in Baltimore City. 19
(c)] (1) [Baltimore City] AN AGENCY may use a bus [lane] OBSTRUCTION 20
monitoring system that meets the requirements of this subsection to record the images of 21
motor vehicles [traveling in a bus lane] COMMITTING A VIOLATI ON. 22
(2) A bus [lane] OBSTRUCTION monitoring system may be used only: 23
(i) When being operated by a bus [lane] OBSTRUCTION monitoring 24
system operator; 25
(ii) If, in accordance with the Maryland Manual on Uniform Traffic 26
Control Devices[,a]: 27 SENATE BILL 943 5
1. A conspicuous road sign is placed at a reasonable distance 1
consistent with national guidelines [before the bus lane] alerting drivers that a bus [lane] 2
OBSTRUCTION monitoring system may be in operation in the bus lane; OR 3
2. A CONSPICUOUS SIGN IS AFFIXED TO THE TRANS IT 4
VEHICLE ALERTING DRI VERS THAT THE VEHICL E IS EQUIPPED WITH A BUS 5
OBSTRUCTION MONITORI NG SYSTEM; and 6
(iii) If the system produces video for each alleged violation that allows 7
for the differentiation between a vehicle that is [driven] DRIVING, STANDING, OR 8
PARKED in a dedicated bus lane in violation of § 21–1133 of this subtitle and a vehicle that 9
is lawfully stopped or moving in order to execute a right turn at an intersection. 10
(3) (I) A bus [lane] OBSTRUCTION monitoring system may [be used to 11
record] RETAIN only the images of vehicles that [are traveling in a bus lane] ARE 12
EVIDENCE OF A VIOLAT ION. 13
(II) RECORDED IMAGES FROM A BUS OBSTRUCTION 14
MONITORING SYSTEM : 15
1. THAT CONTAIN EVIDENCE OF A VIOLATION MAY B E 16
RETAINED FOR UP TO 6 MONTHS OR 60 DAYS AFTER FINAL DIS POSITION OF THE 17
CITATION, WHICHEVER IS LATER ; 18
2. THAT DO NOT CONTAIN E VIDENCE OF VIOLATION 19
SHALL BE DESTROYED W ITHIN 15 DAYS AFTER THE RECORDED I MAGE WAS FIRST 20
CAPTURED; AND 21
3. MAY NOT BE USED FOR A NY OTHER PURPOSE 22
WITHOUT A WARRANT , SUBPOENA, OR COURT ORDER . 23
(III) A BUS OBSTRUCTION MONI TORING SYSTEM MAY NO T USE 24
BIOMETRIC IDENTIFICA TION TECHNIQUES , INCLUDING FACIAL REC OGNITION 25
TECHNOLOGY . 26
[(d)] (C) (1) (i) A bus [lane] OBSTRUCTION monitoring system operator 27
shall complete training by the manufacturer of the bus [lane] OBSTRUCTION monitoring 28
system in the procedures for setting up, testing, and operating the bus [lane] 29
OBSTRUCTION monitoring system. 30
(ii) On completion of the training, the manufacturer shall issue a 31
signed certificate to the bus [lane] OBSTRUCTION monitoring system operator. 32
6 SENATE BILL 943
(iii) The certificate of training shall be admitted as evidence in any 1
court proceeding for a violation. 2
(2) A bus [lane] OBSTRUCTION monitoring system operator shall fill out 3
and sign a daily set–up log for each bus [lane] OBSTRUCTION monitoring system that: 4
(i) States the date and time when the system was set up; 5
(ii) States that the bus [lane] OBSTRUCTION monitoring system 6
operator successfully performed, and the device passed, the manufacturer–specified 7
self–tests of the bus [lane] OBSTRUCTION monitoring system before producing a recorded 8
image; 9
(iii) Shall be kept on file; and 10
(iv) Shall be admitted as evidence in any court proceeding for a 11
violation. 12
[(e)] (D) (1) A bus [lane] OBSTRUCTION monitoring system shall undergo an 13
annual calibration check performed by an independent calibration laboratory. 14
(2) The independent calibration laboratory shall issue a signed certificate 15
of calibration after the annual calibration check that: 16
(i) Shall be kept on file; and 17
(ii) Shall be admitted as evidence in any court proceeding for a 18
violation of § 21–1133 of this subtitle. 19
[(f)] (E) (1) Unless the driver of the motor vehicle received a citation from a 20
police officer at the time of the violation, the owner or, in accordance with subsection [(i)(5)] 21
(H)(5) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor 22
vehicle is recorded by a bus [lane] OBSTRUCTION monitoring system during the 23
commission of a violation. 24
(2) A civil penalty under this section may not exceed $75. 25
(3) For purposes of this section, the District Court shall prescribe: 26
(i) A uniform citation form consistent with subsection [(g)(1)] (F)(1) 27
of this section and § 7–302 of the Courts Article; and 28
(ii) A civil penalty, which shall be indicated on the citation, to be paid 29
by persons who choose to prepay the civil penalty without appearing in District Court. 30
[(g)] (F) (1) Subject to the provisions of paragraphs (2) through (5) of this 31 SENATE BILL 943 7
subsection, [the Baltimore City Police Department] AN AGENCY or a contractor of the 1
[police department] AGENCY shall mail to the owner liable under subsection [(f)] (E) of 2
this section a citation that shall include: 3
(i) The name and address of the registered owner of the vehicle; 4
(ii) The registration number of the motor vehicle involved in the 5
violation; 6
(iii) The violation charged; 7
(iv) To the extent possible, the location of the violation; 8
(v) The date and time of the violation; 9
(vi) A copy of the recorded image; 10
(vii) The amount of the civil penalty imposed and the date by which 11
the civil penalty must be paid; 12
(viii) A signed statement by a police officer employed by [the Baltimore 13
City Police Department] A LOCAL LAW ENFORCEM ENT AGENCY that, based on inspection 14
of the recorded images, the motor vehicle was being operated during the commission of a 15
violation; 16
(ix) A statement that the recorded image is evidence of a violation; 17
and 18
(x) Information advising the person alleged to be liable under this 19
section: 20
1. Of the manner and time in which liability as alleged in the 21
citation may be contested in the District Court; and 22
2. That failure to pay the civil penalty or to contest liability 23
in a timely manner is an admission of liability and may result in refusal or suspension of 24
the motor vehicle registration. 25
(2) (i) Subject to subparagraph (ii) of this paragraph, [the Baltimore 26
City Police Department] AN AGENCY may mail a warning notice in place of a citation to 27
the owner liable under subsection [(f)] (E) of this section. 28
(ii) [The Baltimore City Police Department] AN AGENCY shall mail 29
a warning notice in place of a citation to an owner liable under subsection [(f)] (E) of this 30
section for a violation recorded by a bus [lane] OBSTRUCTION monitoring system during 31
the first 45 days that the bus [lane] OBSTRUCTION monitoring system is in operation. 32 8 SENATE BILL 943
(3) (i) Before mailing a citation to a motor vehicle rental company liable 1
under subsection [(f)] (E) of this section, [the Baltimore City Police Department] AN 2
AGENCY shall mail a notice to the motor vehicle rental company stating that a citation will 3
be mailed to the motor vehicle rental company unless, within 45 days after receiving the 4
notice, the motor vehicle rental company provides the [Baltimore City Police Department] 5
AGENCY with: 6
1. A statement made under oath that states the name and 7
last known mailing address of the individual driving or renting the motor vehicle when the 8
violation occurred; 9
2. A. A statement made under oath that states that the 10
motor vehicle rental company is unable to determine who was driving or renting the vehicle 11
at the time the violation occurred because the motor vehicle was stolen at the time of the 12
violation; and 13
B. A copy of the police report associated with the motor 14
vehicle theft claimed under item A of this item; or 15
3. Payment for the penalty associated with the violation. 16
(ii) [The Baltimore City Police Department] AN AGENCY may not 17
mail a citation to a motor vehicle rental company liable under subsection [(f)] (E) of this 18
section if the motor vehicle rental company complies with subparagraph (i) of this 19
paragraph. 20
(4) Except as provided in paragraph (3) of this subsection and subsection 21
[(i)(5)] (H)(5) of this section, a citation issued under this section shall be mailed not later 22
than 2 weeks after the alleged violation. 23
(5) A person who receives a citation under paragraph (1) of this subsection 24
may: 25
(i) Pay the civil penalty, in accordance with instructions on the 26
citation, directly to [Baltimore City] THE LOCAL JURISDICTI ON; or 27
(ii) Elect to stand trial IN THE DISTRICT COURT for the alleged 28
violation. 29
[(h)] (G) (1) (i) A certificate alleging that a violation occurred, sworn to or 30
affirmed by a [Baltimore City police officer] DULY AUTHORIZED LAW ENFORCEMENT 31
OFFICER EMPLOYED OR UNDER CONTRACT WITH AN AGENCY, based on inspection of a 32
recorded image produced by a bus [lane] OBSTRUCTION monitoring system, shall be 33
evidence of the facts contained in the certificate and shall be admissible in any proceeding 34
concerning the alleged violation without the presence or testimony of the bus [lane] 35 SENATE BILL 943 9
OBSTRUCTION monitoring system operator who performed the requirements under 1
subsection [(d)] (C) of this section. 2
(ii) If a person who received a citation under this section desires a 3
bus [lane] OBSTRUCTION monitoring system operator to be present and testify at trial, 4
the person shall notify the court and the [Baltimore City Police Department] AGENCY in 5
writing not later than 20 days before trial. 6
(iii) 1. On request of a person who received a citation under this 7
section, video of the alleged violation shall be made available to the person. 8
2. Video evidence made available under subsubparagraph 1 9
of this subparagraph shall be admitted as evidence in any court proceeding for a violation 10
of § 21–1133 of this subtitle. 11
(2) Adjudication of liability shall be based on a preponderance of evidence. 12
[(i)] (H) (1) The District Court may consider in defense of an alleged 13
violation: 14
(i) Subject to paragraph (2) of this subsection, that the motor vehicle 15
or registration plates of the motor vehicle were stolen before the violation occurred and 16
were not under the control or in the possession of the owner at the time of the violation; 17
(ii) Subject to paragraph (3) of this subsection, evidence that the 18
person named in the citation was not operating the vehicle at the time of the violation; and 19
(iii) Any other issues and evidence that the District Court deems 20
relevant. 21
(2) To demonstrate that the motor vehicle or the registration plates were 22
stolen before the violation occurred and were not under the control or in the possession of 23
the owner at the time of the violation, the owner shall submit proof that a police report 24
about the stolen motor vehicle or registration plates was filed in a timely manner. 25
(3) To satisfy the evidentiary burden under paragraph (1)(ii) of this 26
subsection, the person named in the citation shall provide to the District Court evidence to 27
the satisfaction of the District Court of who was operating the vehicle at the time of the 28
violation, including, at a minimum, the operator’s name and current address. 29
(4) (i) This paragraph applies only to a citation that involves a Class E 30
(truck) vehicle with a registered gross weight of 26,001 pounds or more, a Class F (tractor) 31
vehicle, a Class G (trailer) vehicle operated in combination with a Class F (tractor) vehicle, 32
and a Class P (passenger bus) vehicle. 33
(ii) To satisfy the evidentiary burden under paragraph (1)(ii) of this 34
subsection, the person named in a citation described under subparagraph (i) of this 35 10 SENATE BILL 943
paragraph may provide to the District Court a letter, sworn to or affirmed by the person 1
and mailed by certified mail, return receipt requested, that: 2
1. States that the person named in the citation was not 3
operating the vehicle at the time of the violation; and 4
2. Provides the name, address, and driver’s license 5
identification number of the person who was operating the vehicle at the time of the 6
violation. 7
(5) (i) If the District Court finds that the person named in the citation 8
was not operating the vehicle at the time of the violation or receives evidence under 9
paragraph (4)(ii)2 of this subsection identifying the person driving the vehicle at the time 10
of the violation, the clerk of the court shall provide to the [Baltimore City Police 11
Department] AGENCY a copy of any evidence substantiating who was operating the vehicle 12
at the time of the violation. 13
(ii) On the receipt of substantiating evidence from the District Court 14
under subparagraph (i) of this paragraph, [the Baltimore City Police Department] AN 15
AGENCY may issue a new citation as provided in subsection [(g)] (F) of this section to the 16
person that the evidence indicates was operating the vehicle at the time of the violation. 17
(iii) A citation issued under subparagraph (ii) of this paragraph shall 18
be mailed not later than 2 weeks after receipt of the evidence from the District Court. 19
[(j)] (I) If the civil penalty is not paid and the violation is not contested, the 20
Administration may refuse to register or reregister the motor vehicle. 21
[(k)] (J) A violation for which a civil penalty is imposed under this section: 22
(1) Is not a moving violation for the purpose of assessing points under § 23
16–402 of this article and may not be recorded by the Administration on the driving record 24
of the owner or driver of the vehicle; 25
(2) May be treated as a parking violation for purposes of § 26–305 of this 26
article; and 27
(3) May not be considered in the provision of motor vehicle insurance 28
coverage. 29
[(l)] (K) In consultation with the [Baltimore City Police Department] 30
APPROPRIATE LOCAL GO VERNMENT AGENCIES , the Chief Judge of the District Court 31
shall adopt procedures for the issuance of citations, trials for violations, and the collection 32
of civil penalties imposed under this section. 33
[(m)] (L) (1) [The Baltimore City Police Department] AN AGENCY or a 34 SENATE BILL 943 11
contractor designated by the [Baltimore City Police Department] AGENCY shall administer 1
and process civil citations issued under this section in coordination with the District Court. 2
(2) If a contractor provides, deploys, or operates a bus [lane] 3
OBSTRUCTION monitoring system for [the Baltimore City Police Department] AN 4
AGENCY, the contractor’s fee may not be contingent on the number of citations issued or 5
paid. 6
SECTION 2. AND BE IT FURTHER ENACTED, That: 7
(a) There is a Workgroup on Curb Space Management. 8
(b) The Workgroup consists of the following members, appointed by the Governor: 9
(1) one representative of the Maryland Transit Administration; 10
(2) one representative of the Washington Metropolitan Area Transit 11
Authority; 12
(3) one representative of the Baltimore City Department of Transportation; 13
(4) one representative of the Baltimore County Department of Public 14
Works and Transportation; 15
(5) one representative of the Office of Transportation for Anne Arundel 16
County; 17
(6) one representative of the Office of Transportation for Howard County; 18
(7) one representative of the Montgomery County Department of 19
Transportation; 20
(8) one representative of the Prince George’s County Department of Public 21
Works and Transportation; and 22
(9) a representative of a nonprofit transportation advocacy organization 23
from each of the following jurisdictions: 24
(i) Baltimore City; 25
(ii) Baltimore County; 26
(iii) Anne Arundel County; 27
(iv) Howard County; 28
(v) Montgomery County; and 29 12 SENATE BILL 943
(vi) Prince George’s County. 1
(c) The Governor shall designate the chair of the Workgroup. 2
(d) The Department of Transportation shall provide staff for the Workgroup. 3
(e) A member of the Workgroup: 4
(1) may not receive compensation as a member of the Workgroup; but 5
(2) is entitled to reimbursement for expenses under the Standard State 6
Travel Regulations, as provided in the State budget. 7
(f) The Workgroup shall: 8
(1) analyze curb space regulations within transit–served areas of the State; 9
(2) provide recommendations on how to effectively manage curb space 10
changes on roadways with frequent bus service, dedicated lanes, and parking, loading, or 11
standing needs; 12
(3) examine strategies on obstruction enforcement at bus stops; 13
(4) provide recommendations for a public education campaign about 14
dedicated bus lanes and the enforcement of bus lane laws, including messaging and 15
potential signage; and 16
(5) analyze potential privacy concerns when onboard bus obstruction 17
monitoring cameras are used and provide recommendations on how to address these 18
concerns. 19
(g) On or before July 1, 2025, the Workgroup shall report its findings and 20
recommendations to the Governor and, in accordance with § 2 –1257 of the State 21
Government Article, the General Assembly. 22
SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 23
effect October 1, 2024. 24
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 25
3 of this Act, this Act shall take effect July 1, 2024. Section 2 of this Act shall remain 26
effective for a period of 2 years and, at the end of June 30, 2026, Section 2 of this Act, with 27
no further action required by the General Assembly, shall be abrogated and of no further 28
force and effect. 29