EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1139*
HOUSE BILL 1139
R4 5lr2849
CF 5lr3125
By: Delegate Allen
Introduced and read first time: February 5, 2025
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Motor Vehicles – Intelligent Speed Assistance System Pilot Program – 2
Establishment 3
FOR the purpose of establishing the Intelligent Speed Assistance System Pilot Program; 4
requiring certain individuals whose driver’s licenses are subject to certain 5
suspension or revocation to participate in the Program; requiring the Motor Vehicle 6
Administration to issue to participants a restrictive license requiring the use of an 7
intelligent speed assistance system; prohibiting a participant from operating a motor 8
vehicle in violation of the requirements of the Program; and generally relating to the 9
Intelligent Speed Assistance System Pilot Program. 10
BY repealing and reenacting, with amendments, 11
Article – Transportation 12
Section 16–404(c) 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2024 Supplement) 15
BY adding to 16
Article – Transportation 17
Section 16–404.2 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2024 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Transportation 23
16–404. 24
2 HOUSE BILL 1139
(c) (1) Except as provided in paragraphs (2) [and (3)], (3), AND (4) of this 1
subsection: 2
(i) An initial suspension may not be for less than 2 days nor more 3
than 30 days; and 4
(ii) Any subsequent suspension may not be for less than 15 days nor 5
more than 90 days. 6
(2) Subject to the provisions of paragraph (3) of this subsection, the 7
following suspension periods may apply to a suspension for an accumulation of points under 8
§ 16–402(a)(29) of this subtitle for a violation of § 21–902(b) or (c) of this article or a 9
suspension imposed under § 16–404.1(f)(1)(iii) of this subtitle: 10
(i) For a first conviction, not more than 6 months; 11
(ii) For a second conviction at least 5 years after the date of the first 12
conviction, not more than 9 months; 13
(iii) For a second conviction less than 5 years after the date of the 14
first conviction or for a third conviction, not more than 12 months; and 15
(iv) For a fourth or subsequent conviction, not more than 24 months. 16
(3) The Administration may issue a restrictive license for the period of the 17
suspension to an individual who participates in the Administration’s Ignition Interlock 18
System Program under § 16–404.1 of this subtitle. 19
(4) THE ADMINISTRATION MAY IS SUE A RESTRICTIVE LI CENSE FOR 20
THE PERIOD OF THE SU SPENSION TO AN INDIV IDUAL WHO PARTICIPAT ES IN THE 21
ADMINISTRATION ’S INTELLIGENT SPEED ASSISTANCE SYSTEM PILOT PROGRAM 22
UNDER § 16–404.2 OF THIS SUBTITLE. 23
[(4)] (5) This subsection does not limit the authority of the 24
Administration to issue a restrictive license or modify a suspension imposed under this 25
subsection. 26
16–404.2. 27
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 28
INDICATED. 29
(2) “APPROVED SERVICE PROV IDER” MEANS A PERSON WHO I S 30
CERTIFIED BY: 31
HOUSE BILL 1139 3
(I) THE ADMINISTRATION TO SER VICE, INSTALL, MONITOR, 1
CALIBRATE, AND PROVIDE INFORMAT ION ON INTELLIGENT SPEED AS SISTANCE 2
SYSTEMS; AND 3
(II) A MANUFACTURER TO BE Q UALIFIED TO SERVICE , INSTALL, 4
MONITOR, CALIBRATE, AND PROVIDE INFORMAT ION ON INTELLIGENT S PEED 5
ASSISTANCE SYSTEMS . 6
(3) “MANUFACTURER ” MEANS A PERSON THAT MANUFACTURES 7
INTELLIGENT SPEED AS SISTANCE SYSTEMS . 8
(4) “PARTICIPANT” MEANS A PARTICIPANT IN THE INTELLIGENT 9
SPEED ASSISTANCE SYSTEM PILOT PROGRAM. 10
(5) “PROGRAM” MEANS THE INTELLIGENT SPEED ASSISTANCE 11
SYSTEM PILOT PROGRAM. 12
(B) (1) THE ADMINISTRATION SHALL ESTABLISH AN INTELLIGENT 13
SPEED ASSISTANCE SYSTEM PILOT PROGRAM IN ACCORDANCE WITH T HIS 14
SECTION. 15
(2) (I) THE ADMINISTRATION SHALL ESTABLISH A PROTOCOL FOR 16
THE PROGRAM THROUGH THE ADOPTION OF REGULATIONS THAT REQ UIRE CERTAIN 17
MINIMUM STANDARDS FO R ALL SERVICE PROVID ERS WHO SERVICE , INSTALL, 18
MONITOR, CALIBRATE, AND PROVIDE INFORMATION ON INTELLIGENT SPEED 19
ASSISTANCE SYSTEMS . 20
(II) THE REGULATIONS SHALL REQUIRE THAT : 21
1. A SERVICE PROVIDER WHO APPLIES TO THE 22
ADMINISTRATION FOR CE RTIFICATION AS AN AP PROVED SERVICE PROVI DER 23
DEMONSTRATE THAT THE SERVICE PROVIDER IS ABLE TO COMPETENTLY SERVICE, 24
INSTALL, MONITOR, CALIBRATE, AND PROVIDE INFORMAT ION TO THE 25
ADMINISTRATION AT LEA ST EVERY 30 DAYS ON INDIVIDUALS REQUIRED TO USE 26
INTELLIGENT SPEED AS SISTANCE SYSTEMS ; 27
2. A SERVICE PROVIDER WHO APPLIES TO THE 28
ADMINISTRATION FOR CERTIFICATION AS AN APPROVED SERVICE PROVIDER BE 29
CERTIFIED BY A SIGNE D AFFIDAVIT FROM THE MANUFACTURER THAT TH E SERVICE 30
PROVIDER HAS BEEN TR AINED BY AN AUTHORIZ ED MANUFACTURER AND THAT THE 31
SERVICE PROVIDER IS COMPETENT TO SERVICE , INSTALL, MONITOR, CALIBRATE, 32
AND PROVIDE INFORMAT ION ON INTELLIGENT S PEED ASSISTANCE SYST EMS; 33
4 HOUSE BILL 1139
3. APPROVED SERVICE PROV IDERS BE CONSIDERED TO 1
BE AUTHORIZED REPRESENT ATIVES OF THE MANUFACTURER ; AND 2
4. ANY SERVICE OF NOTICE ON AN APPROVED SERVI CE 3
PROVIDER BE CONSIDERED TO BE SERVICE OF NOTICE ON THE MANUFACTURER 4
WHO CERTIFIED THE AP PROVED SERVICE PROVI DER. 5
(C) (1) AN INDIVIDUAL SHALL BE A PARTICIPANT IF THE INDIVIDUAL HAS 6
ACCUMULATED POINTS I N AN AMOUNT THAT WOU LD RESULT IN SUSPENS ION OR 7
REVOCATION OF A DRIVER’S LICENSE UNDER § 16–404 OF THIS SUBTITLE DUE TO 8
ANY COMBINATION OF VIOLATIONS OF: 9
(I) § 16–402(A)(3) OF THIS SUBTITLE; 10
(II) § 16–402(A)(17) OF THIS SUBTITLE; 11
(III) § 16–402(A)(24) OF THIS SUBTITLE; 12
(IV) § 16–402(A)(27) OF THIS SUBTITLE; 13
(V) § 16–402(A)(33) OF THIS SUBTITLE; OR 14
(VI) § 16–402(A)(45) OF THIS SUBTITLE. 15
(2) AN INDIVIDUAL WHO PARTICIPATES IN THE PROGRAM SHALL BE 16
A PARTICIPANT FOR 1 YEAR. 17
(3) IF AN INDIVIDUAL IS SUBJECT TO THIS SUBSECTION AND FAILS TO 18
PARTICIPATE IN THE PROGRAM OR SUCCESSFUL LY COMPLETE THE PROGRAM, THE 19
ADMINISTRATION SHALL SUSPEND, NOTWITHSTANDING § 16–208 OF THIS TITLE, 20
THE INDIVIDUAL ’S DRIVER’S LICENSE UNTIL THE IN DIVIDUAL SUCCESSFULL Y 21
COMPLETES THE PROGRAM. 22
(D) (1) THE ADMINISTRATION SHALL : 23
(I) MODIFY A SUSPENSION A ND ISSUE A RESTRICTI VE 24
DRIVER’S LICENSE REQUIRING THE USE OF AN INTELL IGENT SPEED ASSISTAN CE 25
SYSTEM FOR THE DURAT ION OF PROGRAM PARTICIPATION TO A PARTICIPANT WHO 26
IS OTHERWISE ELIGIBL E FOR THE LICENSE ; AND 27
(II) REINSTATE THE DRIVER ’S LICENSE, SUBJECT TO A 28
RESTRICTION REQUIRIN G THE USE OF AN INTE LLIGENT SPEED ASSIST ANCE SYSTEM 29 HOUSE BILL 1139 5
FOR THE DURATION OF PROGRAM PARTICIPATION , OF A PARTICIPANT WHO SE 1
DRIVER’S LICENSE HAS BEEN R EVOKED. 2
(2) A NOTICE OF SUSPEN SION OR REVOCATION OF A DRIVER ’S 3
LICENSE AS DESCRIBED IN SUBS ECTION (C) OF THIS SECTION SENT TO AN 4
INDIVIDUAL SHALL INC LUDE INFORMATION ABO UT THE PROGRAM AND HOW 5
INDIVIDUALS MAY PARTICIPATE IN THE PROGRAM. 6
(3) THE ADMINISTRATION SHALL ESTABLISH A FEE FOR 7
PARTICIPATION IN THE PROGRAM THAT IS SUFFI CIENT TO COVER THE C OSTS OF 8
THE PROGRAM. 9
(E) A PARTICIPANT MAY NOT OPERATE A MOTOR VEHI CLE IN VIOLATION OF 10
THE REQUIREMENTS OF THE PROGRAM. 11
(F) A PARTICIPANT IS CONSI DERED TO HAVE BEGUN PARTICIPATION IN THE 12
PROGRAM ON THE DAY TH E INTELLIGENT SPEED ASSISTANCE SYSTEM IS INSTALLED 13
IN THE PARTICIPANT ’S MOTOR VEHICLE. 14
(G) (1) AN INDIVIDUAL REQUIRE D TO USE AN INTELLIG ENT SPEED 15
ASSISTANCE SYSTEM UNDER THIS SECTION: 16
(I) SHALL BE MONITORED BY THE ADMINISTRATION ; AND 17
(II) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 18
SUBSECTION, SHALL PAY THE FEE RE QUIRED BY THE ADMINISTRATION UNDER 19
SUBSECTION (D)(3) OF THIS SECTION. 20
(2) THE ADMINISTRATION SHALL WAIVE THE FEE REQUIR ED UNDER 21
THIS SUBSECTION FOR AN INDIVIDUAL WHO IS INDIGENT. 22
(H) IF AN INDIVIDUAL COMP LETES THE PROGRAM AND THE INDIV IDUAL’S 23
LICENSE IS NOT REFUS ED, REVOKED, SUSPENDED, OR CANCELED UNDER AN OTHER 24
PROVISION OF THIS AR TICLE, THE ADMINISTRATION SHALL ISSUE IM MEDIATELY A 25
LICENSE TO THE INDIV IDUAL. 26
(I) (1) IF THE ADMINISTRATION REMOVE S AN INDIVIDUAL FROM THE 27
PROGRAM BECAUSE THE I NDIVIDUAL VIOLATED ANY REQUIREMENT OF THE 28
PROGRAM, THE ADMINISTRATION MAY AL LOW THE INDIVIDUAL T O REENTER THE 29
PROGRAM AFTER A PERIO D OF 30 DAYS FROM THE DATE OF REM OVAL. 30
(2) IF AN INDIVIDUAL REEN TERS THE PROGRAM UNDER THIS 31
SUBSECTION, THE INDIVIDUAL SHALL PARTICIPATE IN THE PROGRAM FOR 3 32 6 HOUSE BILL 1139
MONTHS IN ADDITION T O THE PERIOD OF TIME T HAT WAS NECESSARY FO R 1
SUCCESSFUL COMPLETIO N OF THE PROGRAM AT THE TIME THE INDIVIDUAL WAS 2
REMOVED FROM THE PROGRAM. 3
(J) (1) THE ADMINISTRATION SHALL ADOPT REGULATION S TO CARRY 4
OUT THIS SECTION . 5
(2) THE REGULATIONS ADOPT ED UNDER THIS SUBSEC TION SHALL 6
INCLUDE REQUIREMENTS FOR A PARTICIPANT TO OPERATE A MOTOR VEHI CLE 7
EQUIPPED WITH AN INT ELLIGENT SPEED ASSIS TANCE SYSTEM IN A SA FE MANNER, 8
AS DETERMINED BY THE ADMINISTRATION . 9
SECTION 2. AND BE IT FURTHER ENACTED, That on or before December 30, 10
2028, the Motor Vehicle Administration shall report to the Governor and, in accordance 11
with § 2–1257 of the State Government Article, the General Assembly on the 12
implementation of this Act. 13
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2025. It shall remain effective for a period of 3 years and 9 months and, at the 15
end of June 30, 2029, this Act, with no further action required by the General Assembly, 16
shall be abrogated and of no further force and effect. 17