WES MOORE, Governor Ch. 751
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Chapter 751
(Senate Bill 943)
AN ACT concerning
Vehicle Laws – Bus Lane Obstruction – Monitoring Systems Expansion and
Workgroup
(Better Bus Service Act of 2024)
FOR the purpose of authorizing the use of automated bus obstruction monitoring systems
to enforce violations of certain parking–related prohibitions prohibiting a person
from parking or standing certain vehicles in a dedicated bus lane; making statewide
the authority of a local jurisdiction to use, in accordance with certain standards and
procedures, a bus obstruction lane monitoring systems system to enforce certain
prohibited acts related to dedicated areas near the edge of roadways; prohibiting a
person from stopping, standing, or parking a vehicle in certain areas of the roadway
the prohibition against driving, standing, or parking a motor vehicle in a designated
bus lane; establishing the Workgroup on Curb Space Management; and generally
relating to bus obstruction lane monitoring systems.
BY repealing and reenacting, with amendments,
Article – Courts and Judicial Proceedings
Section 7–302(e)(2) and 10–311(e) and (f)
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – State Finance and Procurement
Section 17–901
Annotated Code of Maryland
(2021 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Transportation
Section 21–101(a) and 21–1003(a), (j), (r), and (dd)
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Transportation
Section 21–101(i–1), 21–1133, and 21–1134
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
BY adding to
Article – Transportation Ch. 751 2024 LAWS OF MARYLAND
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Section 21–1003(gg) and (hh)
Annotated Code of Maryland
(2020 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Courts and Judicial Proceedings
7–302.
(e) (2) (i) A citation issued as the result of a vehicle height monitoring
system, a traffic control signal monitoring system, or a speed monitoring system, including
a work zone speed control system, controlled by a political subdivision, a school bus
monitoring camera, or a bus [lane] OBSTRUCTION monitoring system shall provide that,
in an uncontested case, the penalty shall be paid directly to that political subdivision.
(ii) A citation issued as the result of a traffic control signal
monitoring system or a work zone speed control system controlled by a State agency, or as
a result of a vehicle height monitoring system, a traffic control signal monitoring system, a
speed monitoring system, a school bus monitoring camera, or a bus [lane] OBSTRUCTION
monitoring system in a case contested in District Court, shall provide that the penalty shall
be paid directly to the District Court.
10–311.
(e) A recorded image of a motor vehicle produced by a bus [lane] OBSTRUCTION
monitoring system in accordance with § 21–1134 of the Transportation Article is admissible
in a proceeding concerning a civil citation issued under that section for a violation of §
21–1133 of the Transportation Article without authentication.
(f) In any other judicial proceeding, a recorded image produced by a vehicle
height monitoring system, traffic control signal monitoring system, speed monitoring
system, work zone speed control system, school bus monitoring camera, or bus [lane]
OBSTRUCTION monitoring system is admissible as otherwise provided by law.
Article – State Finance and Procurement
17–901.
(a) In this section, “bus [lane] OBSTRUCTION MONITORI NG system operator”
has the meaning stated in [§ 21–1133] § 21–1134 of the Transportation Article.
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(b) (1) If the City of Baltimore elects to designate a contractor to serve as the
bus [lane] OBSTRUCTION MONITORI NG system operator for the City of Baltimore, the
City of Baltimore shall issue a competitive request for proposals to select the contractor.
(2) If the Baltimore City Police Department elects to designate a contractor
to administer and process civil citations issued under § 21–1134 of the Transportation
Article, the City of Baltimore shall issue a competitive request for proposals to select the
contractor.
(c) If the City of Baltimore issues a request for proposals under subsection (b) of
this section, the City of Baltimore shall apply the relevant procurement preferences for
minority and women’s business enterprises and consider the procurement participation
goals regarding minority and women’s business enterprises in selecting a contractor.
Article – Transportation
21–101.
(a) In this title and Title 25 of this article the following words have the meanings
indicated.
(i–1) (1) “Dedicated bus lane” means a lane designated for use by mass transit
vehicles owned, operated, or contracted for by the Maryland Transit Administration, THE
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, or a local department of
transportation.
(2) “DEDICATED BUS LANE ” INCLUDES TRANSIT BUS STOPS LOCATED
PROXIMATE TO LANES D ESIGNATED FOR USE BY MASS TRANSIT VEHICLE S.
21–1003.
(a) The provisions of this section apply except as necessary to avoid conflict with
other traffic or in compliance with law or the directions of a police officer or traffic control
device.
(j) A person may not stop, stand, or park a vehicle at any place where stopping is
prohibited by an official sign.
(r) A person may not stand or park a vehicle on the roadway side of any other
vehicle that is stopped or parked at the edge or curb of a highway.
(dd) A person may not stop, stand, or park a vehicle in front of a curb ramp
designed for the use of individuals with disabilities.
(GG) A PERSON MAY NOT STOP , STAND, OR PARK A VEHICLE IN A BUS STOP
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(HH) A PERSON MAY NOT STOP , STAND, OR PARK A VEHICLE IN A BIKE LANE.
21–1133.
(a) Except as provided in subsection (b) of this section, a person may not drive,
STAND, OR PARK a vehicle in a dedicated bus lane unless authorized by the local
jurisdiction in which the dedicated bus lane is located.
(b) The following vehicles may be driven, ALLOWED TO STAND , OR, AS
APPROPRIATE , PARKED in a dedicated bus lane:
(1) A transit vehicle owned, operated, or contracted for by the Maryland
Transit Administration, THE WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY, or a local department of transportation;
(2) A school bus;
(3) A bicycle;
(4) An emergency vehicle; [and]
(5) A vehicle making a right turn at the next immediate intersection; AND
(6) A VEHICLE MAKING A BRI EF STOP FOR THE SOLE PURPOSE OF
DROPPING OFF OR PICKIN G UP A PASSENGER ; AND
(6) (7) A PRIVATELY OPERATED B US WITH A SEATING CA PACITY
GREATER THAN 16 PASSENGERS .
21–1134.
(a) (1) In this section the following words have the meanings indicated.
(2) “AGENCY” MEANS:
(I) A LAW ENFORCEMENT AGEN CY OR PARKING ENFORCEME NT
AGENCY OF THE STATE OR A LOCAL POLITICAL SU BDIVISION THAT IS AU THORIZED
TO ISSUE A CITATION FOR A VIOLATION OF T HE MARYLAND VEHICLE LAW OR OF
LOCAL TRAFFIC AND PARKING LAWS OR REGULATIONS ;
(II) FOR A MUNI CIPAL CORPORATION TH AT DOES NOT
MAINTAIN A POLICE FO RCE, AN AGENCY ESTABLISHE D OR DESIGNATED BY T HE WES MOORE, Governor Ch. 751
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MUNICIPAL CORPORATIO N TO USE BUS LANE OBSTRUCTION MONITORING SYSTEMS
IN ACCORDANCE WITH T HIS SECTION; OR
(III) A LOCAL, REGIONAL, OR STATEWIDE TRANSIT AGENCY OR
AUTHORITY, INCLUDING THE MARYLAND TRANSIT ADMINISTRATION AND TH E
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY.
(3) “Bus [lane] OBSTRUCTION monitoring system” means an enforcement
system, INCLUDING AN ONBOARD OR FIXED MONITORING SYSTEM, that is designed to
capture a recorded image [of a driver] of a motor vehicle [committing] DURING THE
COMMISSION OF a violation.
[(3)] (4) “Bus [lane] OBSTRUCTION monitoring system operator” means
a representative of [the Baltimore City Police Department] AN AGENCY or a contractor
that operates a bus [lane] OBSTRUCTION monitoring system.
[(4)] (5) (i) “Owner” means the registered owner of a motor vehicle or
a lessee of a motor vehicle under a lease of 6 months or more.
(ii) “Owner” does not include:
1. A motor vehicle leasing company; or
2. A holder of a special registration plate issued under Title
13, Subtitle 9, Part III of this article.
[(5)] (6) “Recorded image” means an image recorded by a bus [lane]
OBSTRUCTION monitoring system:
(i) On:
1. A photograph;
2. A microphotograph;
3. An electronic image;
4. Videotape; or
5. Any other visual medium; and
(ii) Showing a motor vehicle and, on at least one image or portion of
the recording, clearly identifying the registration plate number of the motor vehicle.
[(6)] (7) “Violation” means a violation of: Ch. 751 2024 LAWS OF MARYLAND
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(I) § 21–1133 of this subtitle; OR
(II) § 21–1003(J), (R), (DD), (GG), OR (HH) OF THIS TITLE.
(b) [This section applies only in Baltimore City.
(c)] (1) [Baltimore City] AN AGENCY may use a bus [lane] OBSTRUCTION
monitoring system that meets the requirements of this subsection to record the images of
motor vehicles [traveling in a bus lane] COMMITTING DURING THE COMMISSIO N OF A
VIOLATION.
(2) A bus [lane] OBSTRUCTION monitoring system may be used only:
(i) When being operated by a bus [lane] OBSTRUCTION monitoring
system operator;
(ii) If, in accordance with the Maryland Manual on Uniform Traffic
Control Devices[,a]:
1. A conspicuous road sign is placed at a reasonable distance
consistent with national guidelines [before the bus lane] alerting drivers that a bus [lane]
OBSTRUCTION monitoring system may be in operation in the bus lane; OR
2. A CONSPICUOUS SIGN IS AFFIXED TO THE TRANS IT
VEHICLE ALERTING DRI VERS THAT THE VEHICL E IS EQUIPPED WITH A BUS
OBSTRUCTION LANE MONITORING SYSTEM ; and
(iii) If the system produces video for each alleged violation that allows
for the differentiation between a vehicle that is [driven] DRIVING, STANDING, OR
PARKED in a dedicated bus lane in violation of § 21–1133 of this subtitle and a vehicle that
is lawfully stopped or moving in order to execute a right turn at an intersection.
(3) (I) A bus [lane] OBSTRUCTION monitoring system may [be used to
record] RETAIN only the images of vehicles that [are traveling in a bus lane] ARE CONTAIN
EVIDENCE OF A VIOLAT ION.
(II) RECORDED IMAGES FROM A BUS OBSTRUCTION LANE
MONITORING SYSTEM :
1. THAT CONTAIN EVIDENCE OF A VIOLAT ION MAY BE
RETAINED FOR UP TO 6 MONTHS OR 60 DAYS AFTER FINAL DIS POSITION OF THE
CITATION, WHICHEVER IS LATER ;
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2. THAT DO NOT CONTAIN E VIDENCE OF A VIOLATION
SHALL BE DESTROYED W ITHIN 15 DAYS AFTER THE RECOR DED IMAGE WAS IMAGES
WERE FIRST CAPTURED ; AND
3. MAY NOT BE USED FOR A NY OTHER PURPOSE OTHER
THAN AS EVIDENCE OF A VIOLATION WITHOUT A WARRANT , SUBPOENA, OR COURT
ORDER.
(III) A BUS LANE OBSTRUCTION MONITORING SYSTEM MA Y NOT
USE BIOMETRIC IDENTI FICATION TECHNIQUES , INCLUDING FACIAL RECOG NITION
TECHNOLOGY .
[(d)] (C) (1) (i) A bus [lane] OBSTRUCTION monitoring system operator
shall complete training by the manufacturer of the bus [lane] OBSTRUCTION monitoring
system in the procedures for setting up, testing, and operating the bus [lane]
OBSTRUCTION monitoring system.
(ii) On completion of the training, the manufacturer shall issue a
signed certificate to the bus [lane] OBSTRUCTION monitoring system operator.
(iii) The certificate of training shall be admitted as evidence in any
court proceeding for a violation.
(2) A bus [lane] OBSTRUCTION monitoring system operator shall fill out
and sign a daily set–up log for each bus [lane] OBSTRUCTION monitoring system that:
(i) States the date and time when the system was set up;
(ii) States that the bus [lane] OBSTRUCTION monitoring system
operator successfully performed, and the device passed, the manufacturer–specified
self–tests of the bus [lane] OBSTRUCTION monitoring system before producing a recorded
image;
(iii) Shall be kept on file; and
(iv) Shall be admitted as evidence in any court proceeding for a
violation.
[(e)] (D) (1) A bus [lane] OBSTRUCTION monitoring system shall undergo an
annual calibration check performed by an independent calibration laboratory.
(2) The independent calibration laboratory shall issue a signed certificate
of calibration after the annual calibration check that:
(i) Shall be kept on file; and Ch. 751 2024 LAWS OF MARYLAND
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(ii) Shall be admitted as evidence in any court proceeding for a
violation of § 21–1133 of this subtitle.
[(f)] (E) (1) Unless the driver of the motor vehicle received a citation from a
police officer at the time of the violation, the owner or, in accordance with subsection [(i)(5)]
(H)(5) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor
vehicle is recorded by a bus [lane] OBSTRUCTION monitoring system during the
commission of a violation.
(2) A civil penalty under this section may not exceed $75.
(3) For purposes of this section, the District Court shall prescribe:
(i) A uniform citation form consistent with subsection [(g)(1)] (F)(1)
of this section and § 7–302 of the Courts Article; and
(ii) A civil penalty, which shall be indicated on the citation, to be paid
by persons who choose to prepay the civil penalty without appearing in District Court.
[(g)] (F) (1) Subject to the provisions of paragraphs (2) through (5) of this
subsection, [the Baltimore City Police Department] AN AGENCY or a contractor of the
[police department] AGENCY shall mail to the owner liable under subsection [(f)] (E) of
this section a citation that shall include:
(i) The name and address of the registered owner of the vehicle;
(ii) The registration number of the motor vehicle involved in the
violation;
(iii) The violation charged;
(iv) To the extent possible, the location of the violation;
(v) The date and time of the violation;
(vi) A copy of the recorded image;
(vii) The amount of the civil penalty imposed and the date by which
the civil penalty must be paid;
(viii) A signed statement by a police officer employed by [the Baltimore
City Police Department] A THE LOCAL LAW ENFORCEMEN T AGENCY that, based on
inspection of the recorded images, the motor vehicle was being operated during the
commission of a violation; WES MOORE, Governor Ch. 751
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(ix) A statement that the recorded image is evidence of a violation;
and
(x) Information advising the person alleged to be liable under this
section:
1. Of the manner and time in which liability as alleged in the
citation may be contested in the District Court; and
2. That failure to pay the civil penalty or to contest liability
in a timely manner is an admission of liability and may result in refusal or suspension of
the motor vehicle registration.
(2) (i) Subject to subparagraph (ii) of this paragraph, [the Baltimore
City Police Department] AN AGENCY may mail a warning notice in place of a citation to
the owner liable under subsection [(f)] (E) of this section.
(ii) [The Baltimore City Police Department] AN AGENCY shall mail
a warning notice in place of a citation to an owner liable under subsection [(f)] (E) of this
section for a violation recorded by a bus [lane] OBSTRUCTION monitoring system during
the first 45 days that the bus [lane] OBSTRUCTION monitoring system is in operation.
(3) (i) Before mailing a citation to a motor vehicle rental company liable
under subsection [(f)] (E) of this section, [the Baltimore City Police Department] AN
AGENCY shall mail a notice to the motor vehicle rental company stating that a citation will
be mailed to the motor vehicle rental company unless, within 45 days after receiving the
notice, the motor vehicle rental company provides the [Baltimore City Police Department]
AGENCY with:
1. A statement made under oath that states the name and
last known mailing address of the individual driving or renting the motor vehicle when the
violation occurred;
2. A. A statement made under oath that states that the
motor vehicle rental company is unable to determine who was driving or renting the vehicle
at the time the violation occurred because the motor vehicle was stolen at the time of the
violation; and
B. A copy of the police report associated with the motor
vehicle theft claimed under item A of this item; or
3. Payment for the penalty associated with the violation.
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(ii) [The Baltimore City Police Department] AN AGENCY may not
mail a citation to a motor vehicle rental company liable under subsection [(f)] (E) of this
section if the motor vehicle rental company complies with subparagraph (i) of this
paragraph.
(4) Except as provided in paragraph (3) of this subsection and subsection
[(i)(5)] (H)(5) of this section, a citation issued under this section shall be mailed not later
than 2 weeks after the alleged violation.
(5) A person who receives a citation under paragraph (1) of this subsection
may:
(i) Pay the civil penalty, in accordance with instructions on the
citation, directly to [Baltimore City] THE LOCAL JURISDICTI ON; or
(ii) Elect to stand trial IN THE DISTRICT COURT for the alleged
violation.
[(h)] (G) (1) (i) A certificate alleging that a violation occurred, sworn to or
affirmed by a [Baltimore City police officer] DULY AUTHORIZED LAW ENFORCEMENT
OFFICER EMPLOYED OR UNDER CONTRAC T WITH AN AGENCY , based on inspection of a
recorded image produced by a bus [lane] OBSTRUCTION monitoring system, shall be
evidence of the facts contained in the certificate and shall be admissible in any proceeding
concerning the alleged violation without the presence or testimony of the bus [lane]
OBSTRUCTION monitoring system operator who performed the requirements under
subsection [(d)] (C) of this section.
(ii) If a person who received a citation under this section desires a
bus [lane] OBSTRUCTION monitoring system operator to be present and testify at trial,
the person shall notify the court and the [Baltimore City Police Department] AGENCY in
writing not later than 20 days before trial.
(iii) 1. On request of a person who received a citation under this
section, video of the alleged violation shall be made available to the person.
2. Video evidence made available under subsubparagraph 1
of this subparagraph shall be admitted as evidence in any court proceeding for a violation
of § 21–1133 of this subtitle.
(2) Adjudication of liability shall be based on a preponderance of evidence.
[(i)] (H) (1) The District Court may consider in defense of an alleged
violation:
WES MOORE, Governor Ch. 751
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(i) Subject to paragraph (2) of this subsection, that the motor vehicle
or registration plates of the motor vehicle were stolen before the violation occurred and
were not under the control or in the possession of the owner at the time of the violation;
(ii) Subject to paragraph (3) of this subsection, evidence that the
person named in the citation was not operating the vehicle at the time of the violation; and
(iii) Any other issues and evidence that the District Court deems
relevant.
(2) To demonstrate that the motor vehicle or the registration plates were
stolen before the violation occurred and were not under the control or in the possession of
the owner at the time of the violation, the owner shall submit proof that a police report
about the stolen motor vehicle or registration plates was filed in a timely manner.
(3) To satisfy the evidentiary burden under paragraph (1)(ii) of this
subsection, the person named in the citation shall provide to the District Court evidence to
the satisfaction of the District Court of who was operating the vehicle at the time of the
violation, including, at a minimum, the operator’s name and current address.
(4) (i) This paragraph applies only to a citation that involves a Class E
(truck) vehicle with a registered gross weight of 26,001 pounds or more, a Class F (tractor)
vehicle, a Class G (trailer) vehicle operated in combination with a Class F (tractor) vehicle,
and a Class P (passenger bus) vehicle.
(ii) To satisfy the evidentiary burden under paragraph (1)(ii) of this
subsection, the person named in a citation described under subparagraph (i) of this
paragraph may provide to the District Court a letter, sworn to or affirmed by the person
and mailed by certified mail, return receipt requested, that:
1. States that the person named in the citation was not
operating the vehicle at the time of the violation; and
2. Provides the name, address, and driver’s license
identification number of the person who was operating the vehicle at the time of the
violation.
(5) (i) If the District Court finds that the person named in the citation
was not operating the vehicle at the time of the violation or receives evidence under
paragraph (4)(ii)2 of this subsection identifying the person driving the vehicle at the time
of the violation, the clerk of the court shall provide to the [Baltimore City Police
Department] AGENCY a copy of any evidence substantiating who was operating the vehicle
at the time of the violation.
(ii) On the receipt of substantiating evidence from the District Court
under subparagraph (i) of this paragraph, [the Baltimore City Police Department] AN Ch. 751 2024 LAWS OF MARYLAND
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AGENCY may issue a new citation as provided in subsection [(g)] (F) of this section to the
person that the evidence indicates was operating the vehicle at the time of the violation.
(iii) A citation issued under subparagraph (ii) of this paragraph shall
be mailed not later than 2 weeks after receipt of the evidence from the District Court.
[(j)] (I) If the civil penalty is not paid and the violation is not contested, the
Administration may refuse to register or reregister the motor vehicle.
[(k)] (J) A violation for which a civil penalty is imposed under this section:
(1) Is not a moving violation for the purpose of assessing points under §
16–402 of this article and may not be recorded by the Administration on the driving record
of the owner or driver of the vehicle;
(2) May be treated as a parking violation for purposes of § 26–305 of this
article; and
(3) May not be considered in the provision of motor vehicle insurance
coverage.
[(l)] (K) In consultation with the [Baltimore City Police Department]
APPROPRIATE LOCAL GO VERNMENT AGENCIES , the Chief Judge of the District Court
shall adopt procedures for the issuance of citations, trials for violations, and the collection
of civil penalties imposed under this section.
[(m)] (L) (1) [The Baltimore City Police Department] AN AGENCY or a
contractor designated by the [Baltimore City Police Department] AGENCY shall administer
and process civil citations issued under this section in coordination with the District Court.
(2) If a contractor provides, deploys, or operates a bus [lane]
OBSTRUCTION monitoring system for [the Baltimore City Police Department] AN
AGENCY, the contractor’s fee may not be contingent on the number of citations issued or
paid.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) There is a Workgroup on Curb Space Management.
(b) The Workgroup consists of the following members, appointed by the Governor:
(1) one representative of the Maryland Transit Administration;
(2) one representative of the Washington Metropolitan Area Transit
Authority; WES MOORE, Governor Ch. 751
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(3) one representative of the Baltimore City Department of Transportation;
(4) one representative of the Baltimore County Department of Public
Works and Transportation;
(5) one representative of the Office of Transportation for Anne Arundel
County;
(6) one representative of the Office of Transportation for Howard County;
(7) one representative of the Montgomery County Department of
Transportation;
(8) one representative of the Prince George’s County Department of Public
Works and Transportation; and
(9) a representative of a nonprofit transportation advocacy organization
from each of the following jurisdictions:
(i) Baltimore City;
(ii) Baltimore County;
(iii) Anne Arundel County;
(iv) Howard County;
(v) Montgomery County; and
(vi) Prince George’s County.
(c) The Governor shall designate the chair of the Workgroup.
(d) The Department of Transportation shall provide staff for the Workgroup.
(e) A member of the Workgroup:
(1) may not receive compensation as a member of the Workgroup; but
(2) is entitled to reimbursement for expenses under the Standard State
Travel Regulations, as provided in the State budget.
(f) The Workgroup shall:
(1) analyze curb space regulations within transit–served areas of the State; Ch. 751 2024 LAWS OF MARYLAND
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(2) provide recommendations on how to effectively manage curb space
changes on roadways with frequent bus service, dedicated lanes, and parking, loading, or
standing needs;
(3) examine strategies on obstruction enforcement at bus stops;
(4) provide recommendations for a public education campaign about
dedicated bus lanes and the enforcement of bus lane laws, including messaging and
potential signage; and
(5) analyze potential privacy concerns when onboard bus obstruction
monitoring cameras are used and provide recommendations on how to ad dress these
concerns.
(g) On or before July 1, 2025, the Workgroup shall report its findings and
recommendations to the Governor and, in accordance with § 2 –1257 of the State
Government Article, the General Assembly.
SECTION 3. AND BE IT FURTHER ENACT ED, That Section 1 of this Act shall take
effect October 1, 2024.
SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section
3 of this Act, this Act shall take effect July 1, 2024. Section 2 of this Act shall remain
effective for a period of 2 years and, at the end of June 30, 2026, Section 2 of this Act, with
no further action required by the General Assembly, shall be abrogated and of no further
force and effect.
Approved by the Governor, May 16, 2024.