Maryland 2024 Regular Session

Maryland Senate Bill SB943 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 751
2	1
3		-	– 1 –
4		-	Chapter 751
5		-	(Senate Bill 943)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
	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	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	sb0943
8	10
9		-	Vehicle Laws – Bus Lane Obstruction – Monitoring Systems Expansion and
10		-	Workgroup
11		-	(Better Bus Service Act of 2024)
	11	+	SENATE BILL 943
	12	+	R5 (4lr1320)
	13	+	ENROLLED BILL
	14	+	— Judicial Proceedings/Environment and Transportation —
	15	+	Introduced by Senators Kelly and Lam
12	16
13		-	FOR the purpose of authorizing the use of automated bus obstruction monitoring systems
14		-	to enforce violations of certain parking–related prohibitions prohibiting a person
15		-	from parking or standing certain vehicles in a dedicated bus lane; making statewide
16		-	the authority of a local jurisdiction to use, in accordance with certain standards and
17		-	procedures, a bus obstruction lane monitoring systems system to enforce certain
18		-	prohibited acts related to dedicated areas near the edge of roadways; prohibiting a
19		-	person from stopping, standing, or parking a vehicle in certain areas of the roadway
20		-	the prohibition against driving, standing, or parking a motor vehicle in a designated
21		-	bus lane; establishing the Workgroup on Curb Space Management; and generally
22		-	relating to bus obstruction lane monitoring systems.
	17	+	Read and Examined by Proofreaders:
23	18
24		-	BY repealing and reenacting, with amendments,
25		-	Article – Courts and Judicial Proceedings
26		-	Section 7–302(e)(2) and 10–311(e) and (f)
27		-	Annotated Code of Maryland
28		-	(2020 Replacement Volume and 2023 Supplement)
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
29	23
30		-	BY repealing and reenacting, with amendments,
31		-	Article – State Finance and Procurement
32		-	Section 17–901
33		-	Annotated Code of Maryland
34		-	(2021 Replacement Volume and 2023 Supplement)
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
35	25
36		-	BY repealing and reenacting, without amendments,
37		-	Article – Transportation
38		-	Section 21–101(a) and 21–1003(a), (j), (r), and (dd)
39		-	Annotated Code of Maryland
40		-	(2020 Replacement Volume and 2023 Supplement)
	26	+	_______ day of _______________ at __ ______________________ o’clock, ________M.
41	27
42		-	BY repealing and reenacting, with amendments,
43		-	Article – Transportation
44		-	Section 21–101(i–1), 21–1133, and 21–1134
45		-	Annotated Code of Maryland
46		-	(2020 Replacement Volume and 2023 Supplement)
	28	+	______________________________________________
	29	+	President.
47	30
48		-	BY adding to
49		-	Article – Transportation Ch. 751 2024 LAWS OF MARYLAND
	31	+	CHAPTER ______
50	32
51		-	– 2 –
52		-	Section 21–1003(gg) and (hh)
53		-	Annotated Code of Maryland
54		-	(2020 Replacement Volume and 2023 Supplement)
	33	+	AN ACT concerning 1
55	34
56		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
57		-	That the Laws of Maryland read as follows:
	35	+	Vehicle Laws – Bus Lane Obstruction – Monitoring Systems Expansion and 2
	36	+	Workgroup 3
	37	+	(Better Bus Service Act of 2024) 4
58	38
59		-	Article – Courts and Judicial Proceedings
	39	+	FOR the purpose of authorizing the use of automated bus obstruction monitoring systems 5
	40	+	to enforce violations of certain parking–related prohibitions prohibiting a person 6
	41	+	from parking or standing certain vehicles in a dedicated bus lane; making statewide 7
	42	+	the authority of a local jurisdiction to use, in accordance with certain standards and 8
	43	+	procedures, a bus obstruction lane monitoring systems system to enforce certain 9
	44	+	prohibited acts related to dedicated areas near the edge of roadways; prohibiting a 10
	45	+	person from stopping, standing, or parking a vehicle in certain areas of the roadway 11
	46	+	the prohibition against driving, standing, or parking a motor vehicle in a designated 12
	47	+	bus lane; establishing the Workgroup on Curb Space Management; and generally 13
	48	+	relating to bus obstruction lane monitoring systems. 14
	49	+	2 SENATE BILL 943
60	50
61		-	7–302.
62	51
63		-	~~(e) (2) (i) A citation issued as the result of a vehicle height monitoring~~
64		-	~~system, a traffic control signal monitoring system,~~ ~~or a speed monitoring system, including~~
65		-	~~a work zone speed control system,~~ ~~controlled by a political subdivision, a school bus~~
66		-	~~monitoring camera,~~ ~~or a bus [lane] OBSTRUCTION monitoring system shall provide that,~~
67		-	~~in an uncontested case,~~ ~~the penalty shall be paid directly to that political subdivision.~~
	52	+	BY repealing and reenacting, with amendments, 1
	53	+	Article – Courts and Judicial Proceedings 2
	54	+	Section 7–302(e)(2) and 10–311(e) and (f) 3
	55	+	Annotated Code of Maryland 4
	56	+	(2020 Replacement Volume and 2023 Supplement) 5
68	57
69		-	(ii) A citation issued as the result of a traffic control signal
70		-	monitoring system or a work zone speed control system controlled by a State agency, or as
71		-	a result of a vehicle height monitoring system, a traffic control signal monitoring system, a
72		-	speed monitoring system, a school bus monitoring camera, or a bus [lane] OBSTRUCTION
73		-	monitoring system in a case contested in District Court, shall provide that the penalty shall
74		-	be paid directly to the District Court.
	58	+	BY repealing and reenacting, with amendments, 6
	59	+	Article – State Finance and Procurement 7
	60	+	Section 17–901 8
	61	+	Annotated Code of Maryland 9
	62	+	(2021 Replacement Volume and 2023 Supplement) 10
75	63
76		-	10–311.
	64	+	BY repealing and reenacting, without amendments, 11
	65	+	Article – Transportation 12
	66	+	Section 21–101(a) and 21–1003(a), (j), (r), and (dd) 13
	67	+	Annotated Code of Maryland 14
	68	+	(2020 Replacement Volume and 2023 Supplement) 15
77	69
78		-	(e) A recorded image of a motor vehicle produced by a bus [lane] OBSTRUCTION
79		-	monitoring system in accordance with § 21–1134 of the Transportation Article is admissible
80		-	in a proceeding concerning a civil citation issued under that section for a violation of §
81		-	21–1133 of the Transportation Article without authentication.
	70	+	BY repealing and reenacting, with amendments, 16
	71	+	Article – Transportation 17
	72	+	Section 21–101(i–1), 21–1133, and 21–1134 18
	73	+	Annotated Code of Maryland 19
	74	+	(2020 Replacement Volume and 2023 Supplement) 20
82	75
83		-	(f) In any other judicial proceeding, a recorded image produced by a vehicle
84		-	height monitoring system, traffic control signal monitoring system, speed monitoring
85		-	system, work zone speed control system, school bus monitoring camera, or bus [lane]
86		-	OBSTRUCTION monitoring system is admissible as otherwise provided by law.
	76	+	BY adding to 21
	77	+	Article – Transportation 22
	78	+	Section 21–1003(gg) and (hh) 23
	79	+	Annotated Code of Maryland 24
	80	+	(2020 Replacement Volume and 2023 Supplement) 25
87	81
88		-	Article – State Finance and Procurement
	82	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
	83	+	That the Laws of Maryland read as follows: 27
89	84
90		-	17–~~901.~~
	85	+	Article – Courts and Judicial Proceedings 28
91	86
92		-	(a) In this section, “bus [lane] OBSTRUCTION MONITORI NG system operator”
93		-	has the meaning stated in [§ 21–1133] § 21–1134 of the Transportation Article.
94		-	WES MOORE, Governor Ch. 751
	87	+	7–302. 29
95	88
96		-	– 3 –
97		-	(b) (1) If the City of Baltimore elects to designate a contractor to serve as the
98		-	bus [lane] OBSTRUCTION MONITORI NG system operator for the City of Baltimore, the
99		-	City of Baltimore shall issue a competitive request for proposals to select the contractor.
	89	+	(e) (2) (i) A citation issued as the result of a vehicle height monitoring 30
	90	+	system, a traffic control signal monitoring system, or a speed monitoring system, including 31
	91	+	a work zone speed control system, controlled by a political subdivision, a school bus 32
	92	+	monitoring camera, or a bus [lane] OBSTRUCTION monitoring system shall provide that, 33
	93	+	in an uncontested case, the penalty shall be paid directly to that political subdivision. 34
100	94
101		-	(2) If the ~~Baltimore City Police Department elects to designate~~ a ~~contractor~~
102		-	~~to administer and process civil citations issued under § 21–1134 of the Transportation~~
103		-	~~Article, the City~~ of ~~Baltimore shall issue~~ a ~~competitive request for proposals to select the~~
104		-	~~contractor.~~
	95	+	(ii) A citation issued as the result of a traffic control signal 35
	96	+	monitoring system or a work zone speed control system controlled by a State agency, or as 36
	97	+	a result of a vehicle height monitoring system, a traffic control signal monitoring system, a 37
	98	+	speed monitoring system, a school bus monitoring camera, or a bus [lane] OBSTRUCTION 38 SENATE BILL 943 3
105	99
106		-	(c) If the City of Baltimore issues a request for proposals under subsection (b) of
107		-	this section, the City of Baltimore shall apply the relevant procurement preferences for
108		-	minority and women’s business enterprises and consider the procurement participation
109		-	goals regarding minority and women’s business enterprises in selecting a contractor.
110	100
111		-	Article – Transportation
	101	+	monitoring system in a case contested in District Court, shall provide that the penalty shall 1
	102	+	be paid directly to the District Court. 2
112	103
113		-	21–~~101~~.
	104	+	10–311. 3
114	105
115		-	(a) In this title and Title 25 of this article the following words have the meanings
116		-	indicated.
	106	+	(e) A recorded image of a motor vehicle produced by a bus [lane] OBSTRUCTION 4
	107	+	monitoring system in accordance with § 21–1134 of the Transportation Article is admissible 5
	108	+	in a proceeding concerning a civil citation issued under that section for a violation of § 6
	109	+	21–1133 of the Transportation Article without authentication. 7
117	110
118		-	(~~i–1~~) ~~(1) “Dedicated~~ ~~bus lane”~~ ~~means~~ a ~~lane designated for use~~ by ~~mass transit~~
119		-	~~vehicles owned~~, ~~operated~~, ~~or contracted for by the Maryland Transit Administration, THE~~
120		-	~~WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY~~, or ~~a local department of~~
121		-	~~transportation~~.
	111	+	(f) In any other judicial proceeding, a recorded image produced by a vehicle 8
	112	+	height monitoring system, traffic control signal monitoring system, speed monitoring 9
	113	+	system, work zone speed control system, school bus monitoring camera, or bus [lane] 10
	114	+	OBSTRUCTION monitoring system is admissible as otherwise provided by law. 11
122	115
123		-	(2) “DEDICATED BUS LANE ” INCLUDES TRANSIT BUS STOPS LOCATED
124		-	PROXIMATE TO LANES D ESIGNATED FOR USE BY MASS TRANSIT VEHICLE S.
	116	+	Article – State Finance and Procurement 12
125	117
126		-	21–~~1003~~.
	118	+	17–901. 13
127	119
128		-	(a) The provisions of this section apply except as necessary to avoid conflict with
129		-	other traffic or in compliance with law or the directions of a police officer or traffic control
130		-	device.
	120	+	(a) In this section, “bus [lane] OBSTRUCTION MONITORI NG system operator” 14
	121	+	has the meaning stated in [§ 21–1133] § 21–1134 of the Transportation Article. 15
131	122
132		-	(j) A person may not stop, stand, or park a vehicle at any place where stopping is
133		-	prohibited by an official sign.
	123	+	(b) (1) If the City of Baltimore elects to designate a contractor to serve as the 16
	124	+	bus [lane] OBSTRUCTION MONITORI NG system operator for the City of Baltimore, the 17
	125	+	City of Baltimore shall issue a competitive request for proposals to select the contractor. 18
134	126
135		-	(r) A person may not stand or park a vehicle on the roadway side of any other
136		-	vehicle that is stopped or parked at the edge or curb of a highway.
	127	+	(2) If the Baltimore City Police Department elects to designate a contractor 19
	128	+	to administer and process civil citations issued under § 21–1134 of the Transportation 20
	129	+	Article, the City of Baltimore shall issue a competitive request for proposals to select the 21
	130	+	contractor. 22
137	131
138		-	(dd) A person may not stop, stand, or park a vehicle in front of a curb ramp
139		-	designed for the use of individuals with disabilities.
	132	+	(c) If the City of Baltimore issues a request for proposals under subsection (b) of 23
	133	+	this section, the City of Baltimore shall apply the relevant procurement preferences for 24
	134	+	minority and women’s business enterprises and consider the procurement participation 25
	135	+	goals regarding minority and women’s business enterprises in selecting a contractor. 26
140	136
141		-	(GG) A PERSON MAY NOT STOP , STAND, OR PARK A VEHICLE IN A BUS STOP
142		-	ZONE. Ch. 751 2024 LAWS OF MARYLAND
	137	+	Article – Transportation 27
143	138
144		-	– ~~4 –~~
	139	+	21–101. 28
145	140
146		-	(HH) A PERSON MAY NOT STOP , STAND, OR PARK A VEHICLE IN A BIKE LANE.
	141	+	(a) In this title and Title 25 of this article the following words have the meanings 29
	142	+	indicated. 30
147	143
148		-	21–1133.
	144	+	(i–1) (1) “Dedicated bus lane” means a lane designated for use by mass transit 31
	145	+	vehicles owned, operated, or contracted for by the Maryland Transit Administration, THE 32 4 SENATE BILL 943
149	146
150		-	(a) Except as provided in subsection (b) of this section, a person may not drive,
151		-	STAND, OR PARK a vehicle in a dedicated bus lane unless authorized by the local
152		-	jurisdiction in which the dedicated bus lane is located.
153	147
154		-	~~(b) The following vehicles may be driven, ALLOWED TO STAND~~ , OR~~, AS~~
155		-	~~APPROPRIATE , PARKED in a dedicated bus lane:~~
	148	+	WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, or a local department of 1
	149	+	transportation. 2
156	150
157		-	(1) A transit vehicle owned, operated, or contracted for by the Maryland
158		-	Transit Administration, THE WASHINGTON METROPOLITAN AREA TRANSIT
159		-	AUTHORITY, or a local department of transportation;
	151	+	(2) “DEDICATED BUS LANE ” INCLUDES TRANSIT BUS STOPS LOCATED 3
	152	+	PROXIMATE TO LANES D ESIGNATED FOR USE BY MASS TRANSIT VEHICLE S. 4
160	153
161		-	~~(2) A school bus;~~
	154	+	21–1003. 5
162	155
163		-	(3) A bicycle;
	156	+	(a) The provisions of this section apply except as necessary to avoid conflict with 6
	157	+	other traffic or in compliance with law or the directions of a police officer or traffic control 7
	158	+	device. 8
164	159
165		-	(4) An emergency vehicle; [and]
	160	+	(j) A person may not stop, stand, or park a vehicle at any place where stopping is 9
	161	+	prohibited by an official sign. 10
166	162
167		-	(5) A vehicle making a right turn at the next immediate intersection; AND
	163	+	(r) A person may not stand or park a vehicle on the roadway side of any other 11
	164	+	vehicle that is stopped or parked at the edge or curb of a highway. 12
168	165
169		-	(6) A VEHICLE ~~MAKING~~ A ~~BRI EF STOP FOR THE SOLE PURPOSE OF~~
170		-	~~DROPPING OFF OR PICKIN G UP A PASSENGER ; AND~~
	166	+	(dd) A person may not stop, stand, or park a vehicle in front of a curb ramp 13
	167	+	designed for the use of individuals with disabilities. 14
171	168
172		-	(~~6) (7~~) A ~~PRIVATELY OPERATED B US WITH~~ A ~~SEATING CA PACITY~~
173		-	~~GREATER THAN~~ 16 ~~PASSENGERS .~~
	169	+	(GG) A PERSON MAY NOT STOP , STAND, OR PARK A VEHICLE IN A BUS STOP 15
	170	+	ZONE. 16
174	171
175		-	~~21–1134~~.
	172	+	(HH) A PERSON MAY NOT STOP , STAND, OR PARK A VEHICLE IN A BIKE LANE. 17
176	173
177		-	~~(a) (1) In this section the following words have the meanings indicated~~.
	174	+	21–1133. 18
178	175
179		-	(2) “AGENCY” MEANS:
	176	+	(a) Except as provided in subsection (b) of this section, a person may not drive, 19
	177	+	STAND, OR PARK a vehicle in a dedicated bus lane unless authorized by the local 20
	178	+	jurisdiction in which the dedicated bus lane is located. 21
180	179
181		-	(I) A LAW ENFORCEMENT AGEN CY OR PARKING ENFORCEME NT
182		-	AGENCY OF THE STATE OR A LOCAL POLITICAL SU BDIVISION THAT IS AU THORIZED
183		-	TO ISSUE A CITATION FOR A VIOLATION OF T HE MARYLAND VEHICLE LAW OR OF
184		-	LOCAL TRAFFIC AND PARKING LAWS OR REGULATIONS ;
	180	+	(b) The following vehicles may be driven, ALLOWED TO STAND , OR, AS 22
	181	+	APPROPRIATE , PARKED in a dedicated bus lane: 23
185	182
186		-	(II) FOR A MUNI CIPAL CORPORATION TH AT DOES NOT
187		-	MAINTAIN A POLICE FO RCE, AN AGENCY ESTABLISHE D OR DESIGNATED BY T HE WES MOORE, Governor Ch. 751
	183	+	(1) A transit vehicle owned, operated, or contracted for by the Maryland 24
	184	+	Transit Administration, THE WASHINGTON METROPOLITAN AREA TRANSIT 25
	185	+	AUTHORITY, or a local department of transportation; 26
188	186
189		-	– 5 –
190		-	MUNICIPAL CORPORATIO N TO USE BUS LANE OBSTRUCTION MONITORING SYSTEMS
191		-	IN ACCORDANCE WITH T HIS SECTION; OR
	187	+	(2) A school bus; 27
192	188
193		-	(III) A LOCAL, REGIONAL, OR STATEWIDE TRANSIT AGENCY OR
194		-	AUTHORITY, INCLUDING THE MARYLAND TRANSIT ADMINISTRATION AND TH E
195		-	WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY.
	189	+	(3) A bicycle; 28
196	190
197		-	(3) “Bus [lane] OBSTRUCTION monitoring system” means an enforcement
198		-	system, INCLUDING AN ONBOARD OR FIXED MONITORING SYSTEM, that is designed to
199		-	capture a recorded image [of a driver] of a motor vehicle [committing] DURING THE
200		-	COMMISSION OF a violation.
	191	+	(4) An emergency vehicle; [and] 29
201	192
202		-	[(3)] (4) “Bus [lane] OBSTRUCTION monitoring system operator” means
203		-	a representative of [the Baltimore City Police Department] AN AGENCY or a contractor
204		-	that operates a bus [lane] OBSTRUCTION monitoring system.
	193	+	(5) A vehicle making a right turn at the next immediate intersection; AND 30 SENATE BILL 943 5
205	194
206		-	[(4)] (5) (i) “Owner” means the registered owner of a motor vehicle or
207		-	a lessee of a motor vehicle under a lease of 6 months or more.
208	195
209		-	(ii) “Owner” does not include:
210	196
211		-	1. A motor vehicle leasing company; or
	197	+	(6) A VEHICLE MAKING A BRI EF STOP FOR THE SOLE PURPOSE OF 1
	198	+	DROPPING OFF OR PICK ING UP A PASSENGER ; AND 2
212	199
213		-	2. A ~~holder of~~ a ~~special registration plate issued under Title~~
214		-	~~13, Subtitle 9,~~ ~~Part III of this article~~.
	200	+	(6) (7) A PRIVATELY OPERATED B US WITH A SEATING CA PACITY 3
	201	+	GREATER THAN 16 PASSENGERS . 4
215	202
216		-	[(5)] (6) “Recorded image” means an image recorded by a bus [lane]
217		-	OBSTRUCTION monitoring system:
	203	+	21–1134. 5
218	204
219		-	(i) ~~On:~~
	205	+	(a) (1) In this section the following words have the meanings indicated. 6
220	206
221		-	~~1. A photograph;~~
	207	+	(2) “AGENCY” MEANS: 7
222	208
223		-	2. A microphotograph;
	209	+	(I) A LAW ENFORCEMENT AGEN CY OR PARKING ENFORCEME NT 8
	210	+	AGENCY OF THE STATE OR A LOCAL POLITICAL SU BDIVISION THAT IS AU THORIZED 9
	211	+	TO ISSUE A CITATION FOR A VIOLATION OF T HE MARYLAND VEHICLE LAW OR OF 10
	212	+	LOCAL TRAFFIC AND PARKING LAWS OR REGULATIONS ; 11
224	213
225		-	3. An electronic image;
	214	+	(II) FOR A MUNICIPAL CORPO RATION THAT DOES NOT 12
	215	+	MAINTAIN A POLICE FO RCE, AN AGENCY ESTABLISHE D OR DESIGNATED BY T HE 13
	216	+	MUNICIPAL CORPORATIO N TO USE BUS LANE OBSTRUCTION MONITORING SYSTEMS 14
	217	+	IN ACCORDANCE WITH T HIS SECTION; OR 15
226	218
227		-	4. Videotape; or
	219	+	(III) A LOCAL, REGIONAL, OR STATEWIDE TRANSIT AGENCY OR 16
	220	+	AUTHORITY, INCLUDING THE MARYLAND TRANSIT ADMINISTRATION AND TH E 17
	221	+	WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY. 18
228	222
229		-	5. Any other visual medium; and
	223	+	(3) “Bus [lane] OBSTRUCTION monitoring system” means an enforcement 19
	224	+	system, INCLUDING AN ONBOARD OR FIXED MONITORING SYSTEM, that is designed to 20
	225	+	capture a recorded image [of a driver] of a motor vehicle [committing] DURING THE 21
	226	+	COMMISSION OF a violation. 22
230	227
231		-	(ii) Showing a motor vehicle and, on at least one image or portion of
232		-	the recording, clearly identifying the registration plate number of the motor vehicle.
	228	+	[(3)] (4) “Bus [lane] OBSTRUCTION monitoring system operator” means 23
	229	+	a representative of [the Baltimore City Police Department] AN AGENCY or a contractor 24
	230	+	that operates a bus [lane] OBSTRUCTION monitoring system. 25
233	231
234		-	[(6)] (7) “Violation” means a violation of: Ch. 751 2024 LAWS OF MARYLAND
	232	+	[(4)] (5) (i) “Owner” means the registered owner of a motor vehicle or 26
	233	+	a lessee of a motor vehicle under a lease of 6 months or more. 27
235	234
236		-	~~– 6 –~~
	235	+	(ii) “Owner” does not include: 28
237	236
238		-	~~(I) § 21–1133 of this subtitle~~; OR
	237	+	1. A motor vehicle leasing company; or 29
239	238
240		-	(II) § 21–1003(J), (R), (DD), (GG), OR (HH) OF THIS TITLE.
	239	+	2. A holder of a special registration plate issued under Title 30
	240	+	13, Subtitle 9, Part III of this article. 31 6 SENATE BILL 943
241	241
242		-	(b) [This section applies only in Baltimore City.
243	242
244		-	(c)] (1) [Baltimore City] AN AGENCY may use a bus [lane] OBSTRUCTION
245		-	monitoring system that meets the requirements of this subsection to record the images of
246		-	motor vehicles [traveling in a bus lane] COMMITTING DURING THE COMMISSIO N OF A
247		-	VIOLATION.
248	243
249		-	(2) A bus [lane] OBSTRUCTION monitoring system may be used only:
	244	+	[(5)] (6) “Recorded image” means an image recorded by a bus [lane] 1
	245	+	OBSTRUCTION monitoring system: 2
250	246
251		-	(i) When being operated by a bus [lane] OBSTRUCTION monitoring
252		-	system operator;
	247	+	(i) On: 3
253	248
254		-	(ii) If, in accordance with the Maryland Manual on Uniform Traffic
255		-	Control Devices[,a]:
	249	+	1. A photograph; 4
256	250
257		-	1. A conspicuous road sign is placed at a reasonable distance
258		-	consistent with national guidelines [before the bus lane] alerting drivers that a bus [lane]
259		-	OBSTRUCTION monitoring system may be in operation in the bus lane; OR
	251	+	2. A microphotograph; 5
260	252
261		-	2. A CONSPICUOUS SIGN IS AFFIXED TO THE TRANS IT
262		-	VEHICLE ALERTING DRI VERS THAT THE VEHICL E IS EQUIPPED WITH A BUS
263		-	OBSTRUCTION LANE MONITORING SYSTEM ; and
	253	+	3. An electronic image; 6
264	254
265		-	(iii) If the system produces video for each alleged violation that allows
266		-	for the differentiation between a vehicle that is [driven] DRIVING, STANDING, OR
267		-	PARKED in a dedicated bus lane in violation of § 21–1133 of this subtitle and a vehicle that
268		-	is lawfully stopped or moving in order to execute a right turn at an intersection.
	255	+	4. Videotape; or 7
269	256
270		-	(3) (I) A bus [lane] OBSTRUCTION monitoring system may [be used to
271		-	record] RETAIN only the images of vehicles that [are traveling in a bus lane] ARE CONTAIN
272		-	EVIDENCE OF A VIOLAT ION.
	257	+	5. Any other visual medium; and 8
273	258
274		-	(II) ~~RECORDED IMAGES FROM~~ A ~~BUS OBSTRUCTION LANE~~
275		-	~~MONITORING SYSTEM :~~
	259	+	(ii) Showing a motor vehicle and, on at least one image or portion of 9
	260	+	the recording, clearly identifying the registration plate number of the motor vehicle. 10
276	261
277		-	1. THAT CONTAIN EVIDENCE OF A VIOLAT ION MAY BE
278		-	RETAINED FOR UP TO 6 MONTHS OR 60 DAYS AFTER FINAL DIS POSITION OF THE
279		-	CITATION, WHICHEVER IS LATER ;
280		-	WES MOORE, Governor Ch. 751
	262	+	[(6)] (7) “Violation” means a violation of: 11
281	263
282		-	– 7 –
283		-	2. THAT DO NOT CONTAIN E VIDENCE OF A VIOLATION
284		-	SHALL BE DESTROYED W ITHIN 15 DAYS AFTER THE RECOR DED IMAGE WAS IMAGES
285		-	WERE FIRST CAPTURED ; AND
	264	+	(I) § 21–1133 of this subtitle; OR 12
286	265
287		-	3. MAY NOT BE USED FOR A NY OTHER PURPOSE OTHER
288		-	THAN AS EVIDENCE OF A VIOLATION WITHOUT A WARRANT , SUBPOENA, OR COURT
289		-	ORDER.
	266	+	(II) § 21–1003(J), (R), (DD), (GG), OR (HH) OF THIS TITLE. 13
290	267
291		-	(III) A BUS LANE OBSTRUCTION MONITORING SYSTEM MA Y NOT
292		-	USE BIOMETRIC IDENTI FICATION TECHNIQUES , INCLUDING FACIAL RECOG NITION
293		-	TECHNOLOGY .
	268	+	(b) [This section applies only in Baltimore City. 14
294	269
295		-	~~[(d)]~~ (C) (1) ~~(i)~~ A bus [lane] OBSTRUCTION ~~monitoring system operator~~
296		-	~~shall complete training by~~ the ~~manufacturer~~ of the ~~bus [lane] OBSTRUCTION monitoring~~
297		-	~~system~~ in ~~the procedures for setting up, testing, and operating~~ the ~~bus [lane]~~
298		-	~~OBSTRUCTION monitoring system~~.
	270	+	(c)] (1) [Baltimore City] AN AGENCY may use a bus [lane] OBSTRUCTION 15
	271	+	monitoring system that meets the requirements of this subsection to record the images of 16
	272	+	motor vehicles [traveling in a bus lane] COMMITTING DURING THE COMMISSIO N OF A 17
	273	+	VIOLATION. 18
299	274
300		-	(ii) On completion of the training, the manufacturer shall issue a
301		-	signed certificate to the bus [lane] OBSTRUCTION monitoring system operator.
	275	+	(2) A bus [lane] OBSTRUCTION monitoring system may be used only: 19
302	276
303		-	(~~iii~~) ~~The certificate of training shall be admitted as evidence in any~~
304		-	~~court proceeding for a violation.~~
	277	+	(i) When being operated by a bus [lane] OBSTRUCTION monitoring 20
	278	+	system operator; 21
305	279
306		-	(2) ~~A bus [lane] OBSTRUCTION monitoring system operator shall fill out~~
307		-	~~and sign~~ a ~~daily set–up log for each bus [lane~~] ~~OBSTRUCTION monitoring system that~~:
	280	+	(ii) If, in accordance with the Maryland Manual on Uniform Traffic 22
	281	+	Control Devices[,a]: 23
308	282
309		-	(i) States the date and time when the system was set up;
	283	+	1. A conspicuous road sign is placed at a reasonable distance 24
	284	+	consistent with national guidelines [before the bus lane] alerting drivers that a bus [lane] 25
	285	+	OBSTRUCTION monitoring system may be in operation in the bus lane; OR 26
	286	+	SENATE BILL 943 7
310	287
311		-	(ii) States that the bus [lane] OBSTRUCTION monitoring system
312		-	operator successfully performed, and the device passed, the manufacturer–specified
313		-	self–tests of the bus [lane] OBSTRUCTION monitoring system before producing a recorded
314		-	image;
315	288
316		-	(iii) Shall be kept on file; and
	289	+	2. A CONSPICUOUS SIGN IS AFFIXED TO THE TRANS IT 1
	290	+	VEHICLE ALERTING DRI VERS THAT THE VEHICL E IS EQUIPPED WITH A BUS 2
	291	+	OBSTRUCTION LANE MONITORING SYSTEM ; and 3
317	292
318		-	(iv) Shall be admitted as evidence in any court proceeding for a
319		-	violation.
	293	+	(iii) If the system produces video for each alleged violation that allows 4
	294	+	for the differentiation between a vehicle that is [driven] DRIVING, STANDING, OR 5
	295	+	PARKED in a dedicated bus lane in violation of § 21–1133 of this subtitle and a vehicle that 6
	296	+	is lawfully stopped or moving in order to execute a right turn at an intersection. 7
320	297
321		-	[(e)] (D) (1) A bus [lane] OBSTRUCTION monitoring system shall undergo an
322		-	annual calibration check performed by an independent calibration laboratory.
	298	+	(3) (I) A bus [lane] OBSTRUCTION monitoring system may [be used to 8
	299	+	record] RETAIN only the images of vehicles that [are traveling in a bus lane] ARE CONTAIN 9
	300	+	EVIDENCE OF A VIOLAT ION. 10
323	301
324		-	(2) ~~The independent calibration laboratory shall issue~~ a ~~signed certificate~~
325		-	~~of calibration after the annual calibration check that~~:
	302	+	(II) RECORDED IMAGES FROM A BUS OBSTRUCTION LANE 11
	303	+	MONITORING SYSTEM : 12
326	304
327		-	(i) Shall be kept on file; and Ch. 751 2024 LAWS OF MARYLAND
	305	+	1. THAT CONTAIN EVIDENCE OF A VIOLAT ION MAY BE 13
	306	+	RETAINED FOR UP TO 6 MONTHS OR 60 DAYS AFTER FINAL DIS POSITION OF THE 14
	307	+	CITATION, WHICHEVER IS LATER ; 15
328	308
329		-	– 8 –
	309	+	2. THAT DO NOT CONTAIN E VIDENCE OF A VIOLATION 16
	310	+	SHALL BE DESTROYED W ITHIN 15 DAYS AFTER THE RECOR DED IMAGE WAS IMAGES 17
	311	+	WERE FIRST CAPTURED ; AND 18
330	312
331		-	(ii) Shall be admitted as evidence in any court proceeding for a
332		-	violation of § 21–1133 of this subtitle.
	313	+	3. MAY NOT BE USED FOR A NY OTHER PURPOSE OTHER 19
	314	+	THAN AS EVIDENCE OF A VIOLATION WITHOUT A WARRANT , SUBPOENA, OR COURT 20
	315	+	ORDER. 21
333	316
334		-	[(f)] (E) (1) Unless the driver of the motor vehicle received a citation from a
335		-	police officer at the time of the violation, the owner or, in accordance with subsection [(i)(5)]
336		-	(H)(5) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor
337		-	vehicle is recorded by a bus [lane] OBSTRUCTION monitoring system during the
338		-	commission of a violation.
	317	+	(III) A BUS LANE OBSTRUCTION MONITORING SYSTEM MA Y NOT 22
	318	+	USE BIOMETRIC IDENTI FICATION TECHNIQUES , INCLUDING FACIAL RECOG NITION 23
	319	+	TECHNOLOGY . 24
339	320
340		-	(2) A civil penalty under this section may not exceed $75.
	321	+	[(d)] (C) (1) (i) A bus [lane] OBSTRUCTION monitoring system operator 25
	322	+	shall complete training by the manufacturer of the bus [lane] OBSTRUCTION monitoring 26
	323	+	system in the procedures for setting up, testing, and operating the bus [lane] 27
	324	+	OBSTRUCTION monitoring system. 28
341	325
342		-	(3) For purposes of this section, the District Court shall prescribe:
	326	+	(ii) On completion of the training, the manufacturer shall issue a 29
	327	+	signed certificate to the bus [lane] OBSTRUCTION monitoring system operator. 30
343	328
344		-	(i) A uniform citation form consistent with subsection [(g)(1)] (F)(1)
345		-	of this section and § 7–302 of the Courts Article; and
	329	+	(iii) The certificate of training shall be admitted as evidence in any 31
	330	+	court proceeding for a violation. 32
	331	+	8 SENATE BILL 943
346	332
347		-	(ii) A civil penalty, which shall be indicated on the citation, to be paid
348		-	by persons who choose to prepay the civil penalty without appearing in District Court.
349	333
350		-	[(g)] (F) (1) Subject to the provisions of paragraphs (2) through (5) of this
351		-	subsection, [the Baltimore City Police Department] AN AGENCY or a contractor of the
352		-	[police department] AGENCY shall mail to the owner liable under subsection [(f)] (E) of
353		-	this section a citation that shall include:
	334	+	(2) A bus [lane] OBSTRUCTION monitoring system operator shall fill out 1
	335	+	and sign a daily set–up log for each bus [lane] OBSTRUCTION monitoring system that: 2
354	336
355		-	(i) The ~~name~~ and ~~address of~~ the ~~registered owner of the vehicle~~;
	337	+	(i) States the date and time when the system was set up; 3
356	338
357		-	(ii) The registration number of the motor vehicle involved in the
358		-	violation;
	339	+	(ii) States that the bus [lane] OBSTRUCTION monitoring system 4
	340	+	operator successfully performed, and the device passed, the manufacturer–specified 5
	341	+	self–tests of the bus [lane] OBSTRUCTION monitoring system before producing a recorded 6
	342	+	image; 7
359	343
360		-	(iii) ~~The violation charged~~;
	344	+	(iii) Shall be kept on file; and 8
361	345
362		-	(iv) To the extent possible, the location of the violation;
	346	+	(iv) Shall be admitted as evidence in any court proceeding for a 9
	347	+	violation. 10
363	348
364		-	(v) The date and time of the violation;
	349	+	[(e)] (D) (1) A bus [lane] OBSTRUCTION monitoring system shall undergo an 11
	350	+	annual calibration check performed by an independent calibration laboratory. 12
365	351
366		-	(vi) A copy of the recorded image;
	352	+	(2) The independent calibration laboratory shall issue a signed certificate 13
	353	+	of calibration after the annual calibration check that: 14
367	354
368		-	(vii) The amount of the civil penalty imposed and the date by which
369		-	the civil penalty must be paid;
	355	+	(i) Shall be kept on file; and 15
370	356
371		-	(viii) A signed statement by a police officer employed by [the Baltimore
372		-	City Police Department] A THE LOCAL LAW ENFORCEMEN T AGENCY that, based on
373		-	inspection of the recorded images, the motor vehicle was being operated during the
374		-	commission of a violation; WES MOORE, Governor Ch. 751
	357	+	(ii) Shall be admitted as evidence in any court proceeding for a 16
	358	+	violation of § 21–1133 of this subtitle. 17
375	359
376		-	– 9 –
	360	+	[(f)] (E) (1) Unless the driver of the motor vehicle received a citation from a 18
	361	+	police officer at the time of the violation, the owner or, in accordance with subsection [(i)(5)] 19
	362	+	(H)(5) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor 20
	363	+	vehicle is recorded by a bus [lane] OBSTRUCTION monitoring system during the 21
	364	+	commission of a violation. 22
377	365
378		-	(ix) A statement that the recorded image is evidence of a violation;
379		-	and
	366	+	(2) A civil penalty under this section may not exceed $75. 23
380	367
381		-	(x) Information advising the person alleged to be liable under this
382		-	section:
	368	+	(3) For purposes of this section, the District Court shall prescribe: 24
383	369
384		-	1~~. Of the manner and time in which liability as alleged in the~~
385		-	~~citation may be contested in~~ the ~~District Court~~; and
	370	+	(i) A uniform citation form consistent with subsection [(g)(1)] (F)(1) 25
	371	+	of this section and § 7–302 of the Courts Article; and 26
386	372
387		-	2. That failure to pay the civil penalty or to contest liability
388		-	in a timely manner is an admission of liability and may result in refusal or suspension of
389		-	the motor vehicle registration.
	373	+	(ii) A civil penalty, which shall be indicated on the citation, to be paid 27
	374	+	by persons who choose to prepay the civil penalty without appearing in District Court. 28
390	375
391		-	(2) (i) Subject to subparagraph (ii) of this paragraph, [the Baltimore
392		-	City Police Department] AN AGENCY may mail a warning notice in place of a citation to
393		-	the owner liable under subsection [(f)] (E) of this section.
	376	+	[(g)] (F) (1) Subject to the provisions of paragraphs (2) through (5) of this 29
	377	+	subsection, [the Baltimore City Police Department] AN AGENCY or a contractor of the 30
	378	+	[police department] AGENCY shall mail to the owner liable under subsection [(f)] (E) of 31
	379	+	this section a citation that shall include: 32 SENATE BILL 943 9
394	380
395		-	(ii) [The Baltimore City Police Department] AN AGENCY shall mail
396		-	a warning notice in place of a citation to an owner liable under subsection [(f)] (E) of this
397		-	section for a violation recorded by a bus [lane] OBSTRUCTION monitoring system during
398		-	the first 45 days that the bus [lane] OBSTRUCTION monitoring system is in operation.
399	381
400		-	(3) (i) Before mailing a citation to a motor vehicle rental company liable
401		-	under subsection [(f)] (E) of this section, [the Baltimore City Police Department] AN
402		-	AGENCY shall mail a notice to the motor vehicle rental company stating that a citation will
403		-	be mailed to the motor vehicle rental company unless, within 45 days after receiving the
404		-	notice, the motor vehicle rental company provides the [Baltimore City Police Department]
405		-	AGENCY with:
406	382
407		-	1. A statement made under oath that states the name and
408		-	last known mailing address of the individual driving or renting the motor vehicle when the
409		-	violation occurred;
	383	+	(i) The name and address of the registered owner of the vehicle; 1
410	384
411		-	2. A. A statement made under oath that states that the
412		-	motor vehicle rental company is unable to determine who was driving or renting the vehicle
413		-	at the time the violation occurred because the motor vehicle was stolen at the time of the
414		-	violation; and
	385	+	(ii) The registration number of the motor vehicle involved in the 2
	386	+	violation; 3
415	387
416		-	B. A copy of the police report associated with the motor
417		-	vehicle theft claimed under item A of this item; or
	388	+	(iii) The violation charged; 4
418	389
419		-	3. Payment for the penalty associated with the violation.
420		-	Ch. 751 2024 LAWS OF MARYLAND
	390	+	(iv) To the extent possible, the location of the violation; 5
421	391
422		-	– 10 –
423		-	(ii) [The Baltimore City Police Department] AN AGENCY may not
424		-	mail a citation to a motor vehicle rental company liable under subsection [(f)] (E) of this
425		-	section if the motor vehicle rental company complies with subparagraph (i) of this
426		-	paragraph.
	392	+	(v) The date and time of the violation; 6
427	393
428		-	(4) Except as provided in paragraph (3) of this subsection and subsection
429		-	[(i)(5)] (H)(5) of this section, a citation issued under this section shall be mailed not later
430		-	than 2 weeks after the alleged violation.
	394	+	(vi) A copy of the recorded image; 7
431	395
432		-	(5) ~~A person who receives a citation under paragraph (1)~~ of ~~this subsection~~
433		-	~~may:~~
	396	+	(vii) The amount of the civil penalty imposed and the date by which 8
	397	+	the civil penalty must be paid; 9
434	398
435		-	(i) Pay the civil penalty, in accordance with instructions on the
436		-	citation, directly to [Baltimore City] THE LOCAL JURISDICTI ON; or
	399	+	(viii) A signed statement by a police officer employed by [the Baltimore 10
	400	+	City Police Department] A THE LOCAL LAW ENFORCEMEN T AGENCY that, based on 11
	401	+	inspection of the recorded images, the motor vehicle was being operated during the 12
	402	+	commission of a violation; 13
437	403
438		-	(ii) ~~Elect to stand trial IN~~ THE ~~DISTRICT COURT for the alleged~~
439		-	~~violation.~~
	404	+	(ix) A statement that the recorded image is evidence of a violation; 14
	405	+	and 15
440	406
441		-	[(h)] (G) (1) (i) A certificate alleging that a violation occurred, sworn to or
442		-	affirmed by a [Baltimore City police officer] DULY AUTHORIZED LAW ENFORCEMENT
443		-	OFFICER EMPLOYED OR UNDER CONTRAC T WITH AN AGENCY , based on inspection of a
444		-	recorded image produced by a bus [lane] OBSTRUCTION monitoring system, shall be
445		-	evidence of the facts contained in the certificate and shall be admissible in any proceeding
446		-	concerning the alleged violation without the presence or testimony of the bus [lane]
447		-	OBSTRUCTION monitoring system operator who performed the requirements under
448		-	subsection [(d)] (C) of this section.
	407	+	(x) Information advising the person alleged to be liable under this 16
	408	+	section: 17
449	409
450		-	(ii) If a person who received a citation under this section desires a
451		-	bus [lane] OBSTRUCTION monitoring system operator to be present and testify at trial,
452		-	the person shall notify the court and the [Baltimore City Police Department] AGENCY in
453		-	writing not later than 20 days before trial.
	410	+	1. Of the manner and time in which liability as alleged in the 18
	411	+	citation may be contested in the District Court; and 19
454	412
455		-	(iii) 1. On request of a person who received a citation under this
456		-	section, video of the alleged violation shall be made available to the person.
	413	+	2. That failure to pay the civil penalty or to contest liability 20
	414	+	in a timely manner is an admission of liability and may result in refusal or suspension of 21
	415	+	the motor vehicle registration. 22
457	416
458		-	2~~. Video evidence made available under subsubparagraph 1~~
459		-	~~of this subparagraph shall be admitted as evidence~~ in ~~any court proceeding for~~ a ~~violation~~
460		-	~~of § 21–1133~~ of this ~~subtitle~~.
	417	+	(2) (i) Subject to subparagraph (ii) of this paragraph, [the Baltimore 23
	418	+	City Police Department] AN AGENCY may mail a warning notice in place of a citation to 24
	419	+	the owner liable under subsection [(f)] (E) of this section. 25
461	420
462		-	(2) Adjudication of liability shall be based on a preponderance of evidence.
	421	+	(ii) [The Baltimore City Police Department] AN AGENCY shall mail 26
	422	+	a warning notice in place of a citation to an owner liable under subsection [(f)] (E) of this 27
	423	+	section for a violation recorded by a bus [lane] OBSTRUCTION monitoring system during 28
	424	+	the first 45 days that the bus [lane] OBSTRUCTION monitoring system is in operation. 29
463	425
464		-	[(i)] (H) (1) The District Court may consider in defense of an alleged
465		-	violation:
466		-	WES MOORE, Governor Ch. 751
	426	+	(3) (i) Before mailing a citation to a motor vehicle rental company liable 30
	427	+	under subsection [(f)] (E) of this section, [the Baltimore City Police Department] AN 31 10 SENATE BILL 943
467	428
468		-	– 11 –
469		-	(i) Subject to paragraph (2) of this subsection, that the motor vehicle
470		-	or registration plates of the motor vehicle were stolen before the violation occurred and
471		-	were not under the control or in the possession of the owner at the time of the violation;
472	429
473		-	(ii) Subject to paragraph (3) of this subsection, evidence that the
474		-	person named in the citation was not operating the vehicle at the time of the violation; and
	430	+	AGENCY shall mail a notice to the motor vehicle rental company stating that a citation will 1
	431	+	be mailed to the motor vehicle rental company unless, within 45 days after receiving the 2
	432	+	notice, the motor vehicle rental company provides the [Baltimore City Police Department] 3
	433	+	AGENCY with: 4
475	434
476		-	(iii) Any other issues and evidence that the District Court deems
477		-	relevant.
	435	+	1. A statement made under oath that states the name and 5
	436	+	last known mailing address of the individual driving or renting the motor vehicle when the 6
	437	+	violation occurred; 7
478	438
479		-	(2~~) To demonstrate~~ that the ~~motor vehicle or the registration plates were~~
480		-	~~stolen before~~ the ~~violation occurred and were not under the control or in the possession of~~
481		-	the ~~owner~~ at the time of the ~~violation, the owner shall submit proof that a police report~~
482		-	~~about the stolen motor vehicle or registration plates was filed in a timely manner.~~
	439	+	2. A. A statement made under oath that states that the 8
	440	+	motor vehicle rental company is unable to determine who was driving or renting the vehicle 9
	441	+	at the time the violation occurred because the motor vehicle was stolen at the time of the 10
	442	+	violation; and 11
483	443
484		-	(3) To satisfy the evidentiary burden under paragraph (1)(ii) of this
485		-	subsection, the person named in the citation shall provide to the District Court evidence to
486		-	the satisfaction of the District Court of who was operating the vehicle at the time of the
487		-	violation, including, at a minimum, the operator’s name and current address.
	444	+	B. A copy of the police report associated with the motor 12
	445	+	vehicle theft claimed under item A of this item; or 13
488	446
489		-	(4) (i) This paragraph applies only to a citation that involves a Class E
490		-	(truck) vehicle with a registered gross weight of 26,001 pounds or more, a Class F (tractor)
491		-	vehicle, a Class G (trailer) vehicle operated in combination with a Class F (tractor) vehicle,
492		-	and a Class P (passenger bus) vehicle.
	447	+	3. Payment for the penalty associated with the violation. 14
493	448
494		-	(ii) ~~To satisfy~~ the ~~evidentiary burden under paragraph (1)(ii) of this~~
495		-	~~subsection, the person named in~~ a citation ~~described~~ under ~~subparagraph~~ (i) of this
496		-	~~paragraph may provide to~~ the ~~District Court a letter,~~ ~~sworn to or affirmed by the person~~
497		-	~~and mailed by certified mail, return receipt requested, that:~~
	449	+	(ii) [The Baltimore City Police Department] AN AGENCY may not 15
	450	+	mail a citation to a motor vehicle rental company liable under subsection [(f)] (E) of this 16
	451	+	section if the motor vehicle rental company complies with subparagraph (i) of this 17
	452	+	paragraph. 18
498	453
499		-	1. States that the person named in the citation was not
500		-	operating the vehicle at the time of the violation; and
	454	+	(4) Except as provided in paragraph (3) of this subsection and subsection 19
	455	+	[(i)(5)] (H)(5) of this section, a citation issued under this section shall be mailed not later 20
	456	+	than 2 weeks after the alleged violation. 21
501	457
502		-	2. Provides the name, address, and driver’s license
503		-	identification number of the person who was operating the vehicle at the time of the
504		-	violation.
	458	+	(5) A person who receives a citation under paragraph (1) of this subsection 22
	459	+	may: 23
505	460
506		-	(5) (i) If the District Court finds that the person named in the citation
507		-	was not operating the vehicle at the time of the violation or receives evidence under
508		-	paragraph (4)(ii)2 of this subsection identifying the person driving the vehicle at the time
509		-	of the violation, the clerk of the court shall provide to the [Baltimore City Police
510		-	Department] AGENCY a copy of any evidence substantiating who was operating the vehicle
511		-	at the time of the violation.
	461	+	(i) Pay the civil penalty, in accordance with instructions on the 24
	462	+	citation, directly to [Baltimore City] THE LOCAL JURISDICTI ON; or 25
512	463
513		-	(ii) ~~On the receipt of substantiating evidence from~~ the District Court
514		-	~~under subparagraph (i) of this paragraph, [the Baltimore City Police Department] AN Ch~~. ~~751 2024 LAWS OF MARYLAND~~
	464	+	(ii) Elect to stand trial IN THE DISTRICT COURT for the alleged 26
	465	+	violation. 27
515	466
516		-	– 12 –
517		-	AGENCY may issue a new citation as provided in subsection [(g)] (F) of this section to the
518		-	person that the evidence indicates was operating the vehicle at the time of the violation.
	467	+	[(h)] (G) (1) (i) A certificate alleging that a violation occurred, sworn to or 28
	468	+	affirmed by a [Baltimore City police officer] DULY AUTHORIZED LAW ENFORCEMENT 29
	469	+	OFFICER EMPLOYED OR UNDER CONTRACT WITH AN AGENCY, based on inspection of a 30
	470	+	recorded image produced by a bus [lane] OBSTRUCTION monitoring system, shall be 31
	471	+	evidence of the facts contained in the certificate and shall be admissible in any proceeding 32
	472	+	concerning the alleged violation without the presence or testimony of the bus [lane] 33
	473	+	OBSTRUCTION monitoring system operator who performed the requirements under 34
	474	+	subsection [(d)] (C) of this section. 35 SENATE BILL 943 11
519	475
520		-	(iii) A citation issued under subparagraph (ii) of this paragraph shall
521		-	be mailed not later than 2 weeks after receipt of the evidence from the District Court.
522	476
523		-	[(j)] (I) If the civil penalty is not paid and the violation is not contested, the
524		-	Administration may refuse to register or reregister the motor vehicle.
525	477
526		-	[(k)] (J) A violation for which a civil penalty is imposed under this section:
	478	+	(ii) If a person who received a citation under this section desires a 1
	479	+	bus [lane] OBSTRUCTION monitoring system operator to be present and testify at trial, 2
	480	+	the person shall notify the court and the [Baltimore City Police Department] AGENCY in 3
	481	+	writing not later than 20 days before trial. 4
527	482
528		-	(1) Is not a moving violation for the purpose of assessing points under §
529		-	16–402 of this article and may not be recorded by the Administration on the driving record
530		-	of the owner or driver of the vehicle;
	483	+	(iii) 1. On request of a person who received a citation under this 5
	484	+	section, video of the alleged violation shall be made available to the person. 6
531	485
532		-	(2) May be treated as a parking violation for purposes of § 26–305 of this
533		-	article; and
	486	+	2. Video evidence made available under subsubparagraph 1 7
	487	+	of this subparagraph shall be admitted as evidence in any court proceeding for a violation 8
	488	+	of § 21–1133 of this subtitle. 9
534	489
535		-	(3) May not be considered in the provision of motor vehicle insurance
536		-	coverage.
	490	+	(2) Adjudication of liability shall be based on a preponderance of evidence. 10
537	491
538		-	[(l)] (K) In consultation with the [Baltimore City Police Department]
539		-	APPROPRIATE LOCAL GO VERNMENT AGENCIES , the Chief Judge of the District Court
540		-	shall adopt procedures for the issuance of citations, trials for violations, and the collection
541		-	of civil penalties imposed under this section.
	492	+	[(i)] (H) (1) The District Court may consider in defense of an alleged 11
	493	+	violation: 12
542	494
543		-	~~[(m)]~~ (L) (1) [The ~~Baltimore City Police Department] AN AGENCY or a~~
544		-	~~contractor designated by~~ the ~~[Baltimore City Police Department]~~ ~~AGENCY shall administer~~
545		-	~~and process civil citations issued~~ under ~~this section~~ in ~~coordination with~~ the ~~District Court.~~
	495	+	(i) Subject to paragraph (2) of this subsection, that the motor vehicle 13
	496	+	or registration plates of the motor vehicle were stolen before the violation occurred and 14
	497	+	were not under the control or in the possession of the owner at the time of the violation; 15
546	498
547		-	(2) If a contractor provides, deploys, or operates a bus [lane]
548		-	OBSTRUCTION monitoring system for [the Baltimore City Police Department] AN
549		-	AGENCY, the contractor’s fee may not be contingent on the number of citations issued or
550		-	paid.
	499	+	(ii) Subject to paragraph (3) of this subsection, evidence that the 16
	500	+	person named in the citation was not operating the vehicle at the time of the violation; and 17
551	501
552		-	SECTION 2. AND BE IT FURTHER ENACTED, That:
	502	+	(iii) Any other issues and evidence that the District Court deems 18
	503	+	relevant. 19
553	504
554		-	(a) There is a Workgroup on Curb Space Management.
	505	+	(2) To demonstrate that the motor vehicle or the registration plates were 20
	506	+	stolen before the violation occurred and were not under the control or in the possession of 21
	507	+	the owner at the time of the violation, the owner shall submit proof that a police report 22
	508	+	about the stolen motor vehicle or registration plates was filed in a timely manner. 23
555	509
556		-	(b) The Workgroup consists of the following members, appointed by the Governor:
	510	+	(3) To satisfy the evidentiary burden under paragraph (1)(ii) of this 24
	511	+	subsection, the person named in the citation shall provide to the District Court evidence to 25
	512	+	the satisfaction of the District Court of who was operating the vehicle at the time of the 26
	513	+	violation, including, at a minimum, the operator’s name and current address. 27
557	514
558		-	(1) one representative of the Maryland Transit Administration;
	515	+	(4) (i) This paragraph applies only to a citation that involves a Class E 28
	516	+	(truck) vehicle with a registered gross weight of 26,001 pounds or more, a Class F (tractor) 29
	517	+	vehicle, a Class G (trailer) vehicle operated in combination with a Class F (tractor) vehicle, 30
	518	+	and a Class P (passenger bus) vehicle. 31
559	519
560		-	(2) ~~one representative~~ of ~~the Washington Metropolitan Area Transit~~
561		-	~~Authority;~~ ~~WES MOORE,~~ ~~Governor~~ ~~Ch. 751~~
	520	+	(ii) To satisfy the evidentiary burden under paragraph (1)(ii) of this 32
	521	+	subsection, the person named in a citation described under subparagraph (i) of this 33 12 SENATE BILL 943
562	522
563		-	– 13 –
564	523
565		-	(3) one representative of the Baltimore City Department of Transportation;
	524	+	paragraph may provide to the District Court a letter, sworn to or affirmed by the person 1
	525	+	and mailed by certified mail, return receipt requested, that: 2
566	526
567		-	~~(4) one representative of~~ the ~~Baltimore County Department of Public~~
568		-	~~Works~~ and ~~Transportation;~~
	527	+	1. States that the person named in the citation was not 3
	528	+	operating the vehicle at the time of the violation; and 4
569	529
570		-	(5) one representative of the Office of Transportation for Anne Arundel
571		-	County;
	530	+	2. Provides the name, address, and driver’s license 5
	531	+	identification number of the person who was operating the vehicle at the time of the 6
	532	+	violation. 7
572	533
573		-	(6) one representative of the Office of Transportation for Howard County;
	534	+	(5) (i) If the District Court finds that the person named in the citation 8
	535	+	was not operating the vehicle at the time of the violation or receives evidence under 9
	536	+	paragraph (4)(ii)2 of this subsection identifying the person driving the vehicle at the time 10
	537	+	of the violation, the clerk of the court shall provide to the [Baltimore City Police 11
	538	+	Department] AGENCY a copy of any evidence substantiating who was operating the vehicle 12
	539	+	at the time of the violation. 13
574	540
575		-	(7) one representative of the Montgomery County Department of
576		-	Transportation;
	541	+	(ii) On the receipt of substantiating evidence from the District Court 14
	542	+	under subparagraph (i) of this paragraph, [the Baltimore City Police Department] AN 15
	543	+	AGENCY may issue a new citation as provided in subsection [(g)] (F) of this section to the 16
	544	+	person that the evidence indicates was operating the vehicle at the time of the violation. 17
577	545
578		-	(8) ~~one representative~~ of ~~the Prince George’s County Department of Public~~
579		-	~~Works and Transportation;~~ ~~and~~
	546	+	(iii) A citation issued under subparagraph (ii) of this paragraph shall 18
	547	+	be mailed not later than 2 weeks after receipt of the evidence from the District Court. 19
580	548
581		-	(9) ~~a representative of a nonprofit transportation advocacy organization~~
582		-	~~from each of~~ the ~~following jurisdictions:~~
	549	+	[(j)] (I) If the civil penalty is not paid and the violation is not contested, the 20
	550	+	Administration may refuse to register or reregister the motor vehicle. 21
583	551
584		-	(i) ~~Baltimore City;~~
	552	+	[(k)] (J) A violation for which a civil penalty is imposed under this section: 22
585	553
586		-	(ii) Baltimore County;
	554	+	(1) Is not a moving violation for the purpose of assessing points under § 23
	555	+	16–402 of this article and may not be recorded by the Administration on the driving record 24
	556	+	of the owner or driver of the vehicle; 25
587	557
588		-	(iii) Anne Arundel County;
	558	+	(2) May be treated as a parking violation for purposes of § 26–305 of this 26
	559	+	article; and 27
589	560
590		-	(iv) Howard County;
	561	+	(3) May not be considered in the provision of motor vehicle insurance 28
	562	+	coverage. 29
591	563
592		-	(v) Montgomery County; and
	564	+	[(l)] (K) In consultation with the [Baltimore City Police Department] 30
	565	+	APPROPRIATE LOCAL GO VERNMENT AGENCIES , the Chief Judge of the District Court 31
	566	+	shall adopt procedures for the issuance of citations, trials for violations, and the collection 32
	567	+	of civil penalties imposed under this section. 33
	568	+	SENATE BILL 943 13
593	569
594		-	(vi) Prince George’s County.
595	570
596		-	(c) The Governor shall designate the chair of the Workgroup.
	571	+	[(m)] (L) (1) [The Baltimore City Police Department] AN AGENCY or a 1
	572	+	contractor designated by the [Baltimore City Police Department] AGENCY shall administer 2
	573	+	and process civil citations issued under this section in coordination with the District Court. 3
597	574
598		-	(d) The Department of Transportation shall provide staff for the Workgroup.
	575	+	(2) If a contractor provides, deploys, or operates a bus [lane] 4
	576	+	OBSTRUCTION monitoring system for [the Baltimore City Police Department] AN 5
	577	+	AGENCY, the contractor’s fee may not be contingent on the number of citations issued or 6
	578	+	paid. 7
599	579
600		-	~~(e) A member of the Workgroup~~:
	580	+	SECTION 2. AND BE IT FURTHER ENACTED, That: 8
601	581
602		-	(1) ~~may not receive compensation as~~ a ~~member of the Workgroup;~~ ~~but~~
	582	+	(a) There is a Workgroup on Curb Space Management. 9
603	583
604		-	(2) is entitled to reimbursement for expenses under the Standard State
605		-	Travel Regulations, as provided in the State budget.
	584	+	(b) The Workgroup consists of the following members, appointed by the Governor: 10
606	585
607		-	(f) The ~~Workgroup shall:~~
	586	+	(1) one representative of the Maryland Transit Administration; 11
608	587
609		-	(1) analyze curb space regulations within transit–served areas of the State; Ch. 751 2024 LAWS OF MARYLAND
	588	+	(2) one representative of the Washington Metropolitan Area Transit 12
	589	+	Authority; 13
610	590
611		-	– 14 –
	591	+	(3) one representative of the Baltimore City Department of Transportation; 14
612	592
613		-	(2) provide recommendations on how to effectively manage curb space
614		-	changes on roadways with frequent bus service, dedicated lanes, and parking, loading, or
615		-	standing needs;
	593	+	(4) one representative of the Baltimore County Department of Public 15
	594	+	Works and Transportation; 16
616	595
617		-	(3) examine strategies on obstruction enforcement at bus stops;
	596	+	(5) one representative of the Office of Transportation for Anne Arundel 17
	597	+	County; 18
618	598
619		-	(4) provide recommendations for a public education campaign about
620		-	dedicated bus lanes and the enforcement of bus lane laws, including messaging and
621		-	potential signage; and
	599	+	(6) one representative of the Office of Transportation for Howard County; 19
622	600
623		-	(5) analyze potential privacy concerns when onboard bus obstruction
624		-	monitoring cameras are used and provide recommendations on how to ad dress these
625		-	concerns.
	601	+	(7) one representative of the Montgomery County Department of 20
	602	+	Transportation; 21
626	603
627		-	(g) On or before July 1, 2025, the Workgroup shall report its findings and
628		-	recommendations to the Governor and, in accordance with § 2 –1257 of the State
629		-	Government Article, the General Assembly.
	604	+	(8) one representative of the Prince George’s County Department of Public 22
	605	+	Works and Transportation; and 23
630	606
631		-	~~SECTION 3.~~ ~~AND BE IT FURTHER ENACT ED, That Section 1~~ of ~~this Act shall take~~
632		-	~~effect October 1,~~ ~~2024.~~
	607	+	(9) a representative of a nonprofit transportation advocacy organization 24
	608	+	from each of the following jurisdictions: 25
633	609
634		-	SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section
635		-	3 of this Act, this Act shall take effect July 1, 2024. Section 2 of this Act shall remain
636		-	effective for a period of 2 years and, at the end of June 30, 2026, Section 2 of this Act, with
637		-	no further action required by the General Assembly, shall be abrogated and of no further
638		-	force and effect.
	610	+	(i) Baltimore City; 26
639	611
640		-	Approved by the Governor, May 16, 2024.
	612	+	(ii) Baltimore County; 27
	613	+
	614	+	(iii) Anne Arundel County; 28
	615	+
	616	+	(iv) Howard County; 29 14 SENATE BILL 943
	617	+
	618	+
	619	+
	620	+	(v) Montgomery County; and 1
	621	+
	622	+	(vi) Prince George’s County. 2
	623	+
	624	+	(c) The Governor shall designate the chair of the Workgroup. 3
	625	+
	626	+	(d) The Department of Transportation shall provide staff for the Workgroup. 4
	627	+
	628	+	(e) A member of the Workgroup: 5
	629	+
	630	+	(1) may not receive compensation as a member of the Workgroup; but 6
	631	+
	632	+	(2) is entitled to reimbursement for expenses under the Standard State 7
	633	+	Travel Regulations, as provided in the State budget. 8
	634	+
	635	+	(f) The Workgroup shall: 9
	636	+
	637	+	(1) analyze curb space regulations within transit–served areas of the State; 10
	638	+
	639	+	(2) provide recommendations on how to effectively manage curb space 11
	640	+	changes on roadways with frequent bus service, dedicated lanes, and parking, loading, or 12
	641	+	standing needs; 13
	642	+
	643	+	(3) examine strategies on obstruction enforcement at bus stops; 14
	644	+
	645	+	(4) provide recommendations for a public education campaign about 15
	646	+	dedicated bus lanes and the enforcement of bus lane laws, including messaging and 16
	647	+	potential signage; and 17
	648	+
	649	+	(5) analyze potential privacy concerns when onboard bus obstruction 18
	650	+	monitoring cameras are used and provide recommendations on how to address these 19
	651	+	concerns. 20
	652	+
	653	+	(g) On or before July 1, 2025, the Workgroup shall report its findings and 21
	654	+	recommendations to the Governor and, in accordance with § 2 –1257 of the State 22
	655	+	Government Article, the General Assembly. 23
	656	+
	657	+	SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 24
	658	+	effect October 1, 2024. 25
	659	+
	660	+	SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 26
	661	+	3 of this Act, this Act shall take effect July 1, 2024. Section 2 of this Act shall remain 27
	662	+	effective for a period of 2 years and, at the end of June 30, 2026, Section 2 of this Act, with 28
	663	+	no further action required by the General Assembly, shall be abrogated and of no further 29
	664	+	force and effect. 30