Old | New | Differences | |
---|---|---|---|
1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | 4 | [Brackets] indicate matter deleted from existing law. | |
5 | - | Underlining indicates amendments to bill. | |
6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | - | amendment. | |
8 | 5 | *hb1226* | |
9 | 6 | ||
10 | 7 | HOUSE BILL 1226 | |
11 | 8 | R5 5lr3377 | |
12 | 9 | CF SB 600 | |
13 | 10 | By: Delegates Young, Addison, Amprey, Boyce, Edelson, Embry, R. Lewis, Ruff, | |
14 | 11 | and Smith | |
15 | 12 | Introduced and read first time: February 7, 2025 | |
16 | 13 | Assigned to: Environment and Transportation | |
17 | - | Committee Report: Favorable with amendments | |
18 | - | House action: Adopted | |
19 | - | Read second time: March 22, 2025 | |
20 | 14 | ||
21 | - | ||
15 | + | A BILL ENTITLED | |
22 | 16 | ||
23 | 17 | AN ACT concerning 1 | |
24 | 18 | ||
25 | - | Baltimore City and Takoma Park – Stop Sign Monitoring Systems – 2 | |
26 | - | Authorization 3 | |
19 | + | Baltimore City – Stop Sign Monitoring Systems – Authorization 2 | |
27 | 20 | ||
28 | - | FOR the purpose of authorizing the use of stop sign monitoring systems in school zones in 4 | |
29 | - | Baltimore City and the City of Takoma Park under the pilot program authorized for 5 | |
30 | - | Prince George’s County, if authorized by local law; providing that the owner or driver 6 | |
31 | - | of a motor vehicle recorded failing to obey a stop sign is subject to a citation and a 7 | |
32 | - | certain civil penalty under certain circumstances; establishing certain defenses to a 8 | |
33 | - | charge of an alleged violation recorded by a stop sign monitoring system; prohibiting 9 | |
34 | - | a contractor administering a stop sign monitoring system from being compensated 10 | |
35 | - | in a certain manner; and generally relating to the use of stop sign monitoring 11 | |
36 | - | systems in Baltimore City and the City of Takoma Park. 12 | |
21 | + | FOR the purpose of authorizing the use of stop sign monitoring systems in school zones in 3 | |
22 | + | Baltimore City, if authorized by local law; providing that the owner or driver of a 4 | |
23 | + | motor vehicle recorded failing to obey a stop sign is subject to a citation and a certain 5 | |
24 | + | civil penalty under certain circumstances; establishing certain defenses to a charge 6 | |
25 | + | of an alleged violation recorded by a stop sign monitoring system; prohibiting a 7 | |
26 | + | contractor administering a stop sign monitoring system from being compensated in 8 | |
27 | + | a certain manner; and generally relating to the use of stop sign monitoring systems 9 | |
28 | + | in Baltimore City. 10 | |
37 | 29 | ||
38 | - | BY repealing and reenacting, with amendments, | |
39 | - | Article – Courts and Judicial Proceedings | |
40 | - | Section 4–401(13), 7–302(e)(1)(i), and 10–311(g) | |
41 | - | Annotated Code of Maryland | |
42 | - | (2020 Replacement Volume and 2024 Supplement) | |
30 | + | BY repealing and reenacting, with amendments, 11 | |
31 | + | Article – Courts and Judicial Proceedings 12 | |
32 | + | Section 4–401(13), 7–302(e)(1)(i), and 10–311(g) 13 | |
33 | + | Annotated Code of Maryland 14 | |
34 | + | (2020 Replacement Volume and 2024 Supplement) 15 | |
43 | 35 | ||
44 | - | BY repealing and reenacting, with amendments, 18 | |
45 | - | Article – Courts and Judicial Proceedings 19 | |
46 | - | Section 7–302(e)(1) through (4) and 10–311(f) 20 | |
47 | - | Annotated Code of Maryland 21 | |
48 | - | (2020 Replacement Volume and 2024 Supplement) 22 2 HOUSE BILL 1226 | |
36 | + | BY repealing and reenacting, with amendments, 16 | |
37 | + | Article – Courts and Judicial Proceedings 17 | |
38 | + | Section 7–302(e)(1) through (4) and 10–311(f) 18 | |
39 | + | Annotated Code of Maryland 19 | |
40 | + | (2020 Replacement Volume and 2024 Supplement) 20 | |
41 | + | (As enacted by Section 3 of Chapter 678 of the Acts of the General Assembly of 2024) 21 | |
42 | + | ||
43 | + | BY adding to 22 | |
44 | + | Article – Courts and Judicial Proceedings 23 | |
45 | + | Section 10–311(f) 24 | |
46 | + | Annotated Code of Maryland 25 | |
47 | + | (2020 Replacement Volume and 2024 Supplement) 26 | |
48 | + | (As enacted by Section 3 of Chapter 678 of the Acts of the General Assembly of 2024) 27 2 HOUSE BILL 1226 | |
49 | 49 | ||
50 | 50 | ||
51 | - | (As enacted by Section 3 of Chapter 678 of the Acts of the General Assembly of 2024) 1 | |
52 | 51 | ||
53 | - | BY adding to 2 | |
54 | - | Article – Courts and Judicial Proceedings 3 | |
55 | - | Section 10–311(f) 4 | |
56 | - | Annotated Code of Maryland 5 | |
57 | - | (2020 Replacement Volume and 2024 Supplement) 6 | |
58 | - | (As enacted by Section 3 of Chapter 678 of the Acts of the General Assembly of 2024) 7 | |
52 | + | BY repealing and reenacting, without amendments, 1 | |
53 | + | Article – Transportation 2 | |
54 | + | Section 21–707 3 | |
55 | + | Annotated Code of Maryland 4 | |
56 | + | (2020 Replacement Volume and 2024 Supplement) 5 | |
59 | 57 | ||
60 | - | BY | |
61 | - | Article – | |
62 | - | ||
63 | - | Annotated Code of Maryland | |
64 | - | (2020 Replacement Volume and 2024 Supplement) | |
58 | + | BY adding to 6 | |
59 | + | Article – Transportation 7 | |
60 | + | Section 21–707.2 8 | |
61 | + | Annotated Code of Maryland 9 | |
62 | + | (2020 Replacement Volume and 2024 Supplement) 10 | |
65 | 63 | ||
66 | - | BY repealing and reenacting, without amendments, 13 | |
67 | - | Article – Transportation 14 | |
68 | - | Section 21–707 15 | |
69 | - | Annotated Code of Maryland 16 | |
70 | - | (2020 Replacement Volume and 2024 Supplement) 17 | |
64 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11 | |
65 | + | That the Laws of Maryland read as follows: 12 | |
71 | 66 | ||
72 | - | BY adding to repealing and reenacting, with amendments, 18 | |
73 | - | Article – Transportation 19 | |
74 | - | Section 21–707.2 21–707.1 20 | |
75 | - | Annotated Code of Maryland 21 | |
76 | - | (2020 Replacement Volume and 2024 Supplement) 22 | |
67 | + | Article – Courts and Judicial Proceedings 13 | |
77 | 68 | ||
78 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23 | |
79 | - | That the Laws of Maryland read as follows: 24 | |
69 | + | 7–302. 14 | |
80 | 70 | ||
81 | - | Article – Courts and Judicial Proceedings 25 | |
71 | + | (e) (1) (i) A citation issued pursuant to § 21–202.1, § 21–706.1, § 21–707.1, 15 | |
72 | + | § 21–707.2, § 21–809, § 21–810, § 21–1134, § 22–612, or § 24–111.3 of the Transportation 16 | |
73 | + | Article shall provide that the person receiving the citation may elect to stand trial by 17 | |
74 | + | notifying the issuing agency of the person’s intention to stand trial at least 5 days prior to 18 | |
75 | + | the date of payment as set forth in the citation. 19 | |
82 | 76 | ||
83 | - | ||
77 | + | 10–311. 20 | |
84 | 78 | ||
85 | - | (e) (1) (i) A citation issued pursuant to § 21–202.1, § 21–706.1, § 21–707.1, 27 | |
86 | - | § 21–707.2, § 21–809, § 21–810, § 21–1134, § 22–612, or § 24–111.3 of the Transportation 28 | |
87 | - | Article shall provide that the person receiving the citation may elect to stand trial by 29 | |
88 | - | notifying the issuing agency of the person’s intention to stand trial at least 5 days prior to 30 | |
89 | - | the date of payment as set forth in the citation. 31 | |
79 | + | (g) A recorded image of a motor vehicle produced by a stop sign monitoring system 21 | |
80 | + | in accordance with § 21–707.1 OR § 21–707.2 of the Transportation Article is admissible 22 | |
81 | + | in a proceeding concerning a civil citation issued under that section for a violation of § 23 | |
82 | + | 21–707 of the Transportation Article without authentication. 24 | |
90 | 83 | ||
91 | - | 10–311. 32 | |
84 | + | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 25 | |
85 | + | as follows: 26 | |
92 | 86 | ||
93 | - | (g) A recorded image of a motor vehicle produced by a stop sign monitoring system 33 | |
94 | - | in accordance with § 21–707.1 OR § 21–707.2 of the Transportation Article is admissible 34 | |
95 | - | in a proceeding concerning a civil citation issued under that section for a violation of § 35 | |
96 | - | 21–707 of the Transportation Article without authentication. 36 | |
87 | + | Article – Courts and Judicial Proceedings 27 | |
88 | + | ||
89 | + | 7–302. 28 | |
90 | + | ||
91 | + | (e) (1) (i) A citation issued pursuant to § 21–202.1, § 21–706.1, § 21–707.2, 29 | |
92 | + | § 21–809, § 21–810, § 21–1134, or § 24–111.3 of the Transportation Article shall provide 30 | |
93 | + | that the person receiving the citation may elect to stand trial by notifying the issuing 31 | |
94 | + | agency of the person’s intention to stand trial at least 5 days prior to the date of payment 32 | |
95 | + | as set forth in the citation. 33 | |
97 | 96 | HOUSE BILL 1226 3 | |
98 | 97 | ||
99 | 98 | ||
100 | - | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 1 | |
101 | - | as follows: 2 | |
99 | + | (ii) On receipt of the notice to stand trial, the agency shall forward 1 | |
100 | + | to the District Court having venue a copy of the citation and a copy of the notice from the 2 | |
101 | + | person who received the citation indicating the person’s intention to stand trial. 3 | |
102 | 102 | ||
103 | - | Article – Courts and Judicial Proceedings 3 | |
103 | + | (iii) On receipt thereof, the District Court shall schedule the case for 4 | |
104 | + | trial and notify the defendant of the trial date under procedures adopted by the Chief Judge 5 | |
105 | + | of the District Court. 6 | |
104 | 106 | ||
105 | - | 7–302. 4 | |
107 | + | (2) (i) A citation issued as the result of a vehicle height monitoring 7 | |
108 | + | system, a traffic control signal monitoring system, a speed monitoring system, a work zone 8 | |
109 | + | speed control system OR A STOP SIGN MONIT ORING SYSTEM controlled by a political 9 | |
110 | + | subdivision, a school bus monitoring camera, or a bus lane monitoring system shall provide 10 | |
111 | + | that, in an uncontested case, the penalty shall be paid directly to that political subdivision. 11 | |
106 | 112 | ||
107 | - | (e) (1) (i) A citation issued pursuant to § 21–202.1, § 21–706.1, § 21–707.2, 5 | |
108 | - | § 21–809, § 21–810, § 21–1134, or § 24–111.3 of the Transportation Article shall provide 6 | |
109 | - | that the person receiving the citation may elect to stand trial by notifying the issuing 7 | |
110 | - | agency of the person’s intention to stand trial at least 5 days prior to the date of payment 8 | |
111 | - | as set forth in the citation. 9 | |
113 | + | (ii) A citation issued as the result of a traffic control signal 12 | |
114 | + | monitoring system or a work zone speed control system controlled by a State agency, or as 13 | |
115 | + | a result of a vehicle height monitoring system, a traffic control signal monitoring system, a 14 | |
116 | + | speed monitoring system, A STOP SIGN MONITORI NG SYSTEM, a school bus monitoring 15 | |
117 | + | camera, or a bus lane monitoring system in a case contested in District Court, shall provide 16 | |
118 | + | that the penalty shall be paid directly to the District Court. 17 | |
112 | 119 | ||
113 | - | (ii) On receipt of the notice to stand trial, the agency shall forward 10 | |
114 | - | to the District Court having venue a copy of the citation and a copy of the notice from the 11 | |
115 | - | person who received the citation indicating the person’s intention to stand trial. 12 | |
120 | + | (3) Civil penalties resulting from citations issued using a vehicle height 18 | |
121 | + | monitoring system, traffic control signal monitoring system, speed monitoring system, 19 | |
122 | + | work zone speed control system, STOP SIGN MONITORING SYSTEM, school bus monitoring 20 | |
123 | + | camera, or bus lane monitoring system that are collected by the District Court shall be 21 | |
124 | + | collected in accordance with subsection (a) of this section and distributed in accordance 22 | |
125 | + | with § 12–118 of the Transportation Article. 23 | |
116 | 126 | ||
117 | - | (iii) On receipt thereof, the District Court shall schedule the case for 13 | |
118 | - | trial and notify the defendant of the trial date under procedures adopted by the Chief Judge 14 | |
119 | - | of the District Court. 15 | |
127 | + | (4) (i) Except as provided in paragraph (5) of this subsection, from the 24 | |
128 | + | fines collected by a political subdivision as a result of violations enforced by speed 25 | |
129 | + | monitoring systems, work zone speed control systems, STOP SIGN MONITORING 26 | |
130 | + | SYSTEMS, school bus monitoring cameras, or bus lane monitoring systems, a political 27 | |
131 | + | subdivision: 28 | |
120 | 132 | ||
121 | - | (2) (i) A citation issued as the result of a vehicle height monitoring 16 | |
122 | - | system, a traffic control signal monitoring system, a speed monitoring system, a work zone 17 | |
123 | - | speed control system OR A STOP SIGN MONIT ORING SYSTEM controlled by a political 18 | |
124 | - | subdivision, a school bus monitoring camera, or a bus lane monitoring system shall provide 19 | |
125 | - | that, in an uncontested case, the penalty shall be paid directly to that political subdivision. 20 | |
133 | + | 1. May recover the costs of implementing and administering 29 | |
134 | + | the speed monitoring systems, work zone speed control systems, STOP SIGN MONITORING 30 | |
135 | + | SYSTEMS, school bus monitoring cameras, or bus lane monitoring systems; and 31 | |
126 | 136 | ||
127 | - | (ii) A citation issued as the result of a traffic control signal 21 | |
128 | - | monitoring system or a work zone speed control system controlled by a State agency, or as 22 | |
129 | - | a result of a vehicle height monitoring system, a traffic control signal monitoring system, a 23 | |
130 | - | speed monitoring system, A STOP SIGN MONITORI NG SYSTEM, a school bus monitoring 24 | |
131 | - | camera, or a bus lane monitoring system in a case contested in District Court, shall provide 25 | |
132 | - | that the penalty shall be paid directly to the District Court. 26 | |
137 | + | 2. Subject to subparagraph (ii) of this paragraph, may spend 32 | |
138 | + | any remaining balance solely for public safety purposes, including pedestrian or highway 33 | |
139 | + | safety programs. 34 | |
133 | 140 | ||
134 | - | (3) Civil penalties resulting from citations issued using a vehicle height 27 | |
135 | - | monitoring system, traffic control signal monitoring system, speed monitoring system, 28 | |
136 | - | work zone speed control system, STOP SIGN MONITORING SYSTEM, school bus monitoring 29 | |
137 | - | camera, or bus lane monitoring system that are collected by the District Court shall be 30 | |
138 | - | collected in accordance with subsection (a) of this section and distributed in accordance 31 | |
139 | - | with § 12–118 of the Transportation Article. 32 | |
141 | + | (ii) 1. For any fiscal year, if the balance remaining from the fines 35 | |
142 | + | collected by a political subdivision as a result of violations enforced by speed monitoring 36 | |
143 | + | systems, after the costs of implementing and administering the systems are recovered in 37 | |
144 | + | accordance with subparagraph (i)1 of this paragraph, is greater than 10% of the total 38 4 HOUSE BILL 1226 | |
140 | 145 | ||
141 | - | (4) (i) Except as provided in paragraph (5) of this subsection, from the 33 | |
142 | - | fines collected by a political subdivision as a result of violations enforced by speed 34 | |
143 | - | monitoring systems, work zone speed control systems, STOP SIGN MONITORING 35 | |
144 | - | SYSTEMS, school bus monitoring cameras, or bus lane monitoring systems, a political 36 | |
145 | - | subdivision: 37 4 HOUSE BILL 1226 | |
146 | + | ||
147 | + | revenues of the political subdivision for the fiscal year, the political subdivision shall remit 1 | |
148 | + | any funds that exceed 10% of the total revenues to the Comptroller. 2 | |
149 | + | ||
150 | + | 2. The Comptroller shall deposit any money remitted under 3 | |
151 | + | this subparagraph to the General Fund of the State. 4 | |
152 | + | ||
153 | + | 10–311. 5 | |
154 | + | ||
155 | + | (F) A RECORDED IMAGE OF A MOTOR VEHICLE PRODUC ED BY A STOP SIGN 6 | |
156 | + | MONITORING SYSTEM IN ACCORDANCE WITH § 21–707.2 OF THE TRANSPORTATION 7 | |
157 | + | ARTICLE IS ADMIS SIBLE IN A PROCEEDIN G CONCERNING A CIVIL CITATION ISSUED 8 | |
158 | + | UNDER THAT SECTION F OR A VIOLATION OF § 21–707.2 OF THE TRANSPORTATION 9 | |
159 | + | ARTICLE WITHOUT AUTHE NTICATION. 10 | |
160 | + | ||
161 | + | [(f)] (G) In any other judicial proceeding, a recorded image produced by a vehicle 11 | |
162 | + | height monitoring system, traffic control signal monitoring system, speed monitoring 12 | |
163 | + | system, work zone speed control system, STOP SIGN MONITORING SYSTEM , school bus 13 | |
164 | + | monitoring camera, or bus lane monitoring system is admissible as otherwise provided by 14 | |
165 | + | law. 15 | |
166 | + | ||
167 | + | SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 16 | |
168 | + | as follows: 17 | |
169 | + | ||
170 | + | Article – Courts and Judicial Proceedings 18 | |
171 | + | ||
172 | + | 4–401. 19 | |
173 | + | ||
174 | + | Except as provided in § 4–402 of this subtitle, and subject to the venue provisions of 20 | |
175 | + | Title 6 of this article, the District Court has exclusive original civil jurisdiction in: 21 | |
176 | + | ||
177 | + | (13) A proceeding for a civil infraction under § 21–202.1, § 21–704.1, § 22 | |
178 | + | 21–706.1, § 21–707.1, § 21–707.2, § 21–809, § 21–810, § 21–1134, § 22–612, or § 24–111.3 23 | |
179 | + | of the Transportation Article or § 10–112 of the Criminal Law Article; 24 | |
180 | + | ||
181 | + | Article – Transportation 25 | |
182 | + | ||
183 | + | 21–707. 26 | |
184 | + | ||
185 | + | (a) Unless otherwise directed by a police officer or traffic control signal, the driver 27 | |
186 | + | of a vehicle approaching a stop sign at an intersection shall stop at the near side of the 28 | |
187 | + | intersection at a clearly marked stop line. 29 | |
188 | + | ||
189 | + | (b) Unless otherwise directed by a police officer or traffic control signal, the driver 30 | |
190 | + | of a vehicle approaching a stop sign at an intersection shall stop at the near side of the 31 | |
191 | + | intersection and, if there is no clearly marked stop line, before entering any crosswalk. 32 | |
192 | + | HOUSE BILL 1226 5 | |
193 | + | ||
194 | + | ||
195 | + | (c) Unless otherwise directed by a police officer or traffic control signal, the driver 1 | |
196 | + | of a vehicle approaching a stop sign at an intersection shall stop at the near side of an 2 | |
197 | + | intersection and, if there is no crosswalk, at the nearest point before entering the 3 | |
198 | + | intersection that gives the driver a view of traffic approaching on the intersecting roadway. 4 | |
199 | + | ||
200 | + | (d) The driver of a vehicle approaching a yield sign at an intersection, if required 5 | |
201 | + | for safety to stop, shall stop at the near side of the intersection at a clearly marked stop 6 | |
202 | + | line. 7 | |
203 | + | ||
204 | + | (e) The driver of a vehicle approaching a yield sign at an intersection, if required 8 | |
205 | + | for safety to stop, shall stop at the near side of the intersection and, if there is no clearly 9 | |
206 | + | marked stop line, before entering any crosswalk. 10 | |
207 | + | ||
208 | + | (f) The driver of a vehicle approaching a yield sign at an intersection, if required 11 | |
209 | + | for safety to stop, shall stop at the near side of the intersection and, if there is no crosswalk, 12 | |
210 | + | at the nearest point before entering the intersection that gives the driver a view of traffic 13 | |
211 | + | approaching on the intersecting roadway. 14 | |
212 | + | ||
213 | + | 21–707.2. 15 | |
214 | + | ||
215 | + | (A) THIS SECTION APPLIES ONLY IN BALTIMORE CITY. 16 | |
216 | + | ||
217 | + | (B) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 17 | |
218 | + | INDICATED. 18 | |
219 | + | ||
220 | + | (2) “AGENCY” MEANS A LAW ENFORCEMENT AGEN CY THAT IS 19 | |
221 | + | AUTHORIZED TO ISSUE A CITATION FOR A VIO LATION OF THE MARYLAND VEHICLE 20 | |
222 | + | LAW OR OF LOCAL TRAFF IC LAWS OR REGULATIO NS. 21 | |
223 | + | ||
224 | + | (3) (I) “OWNER” MEANS THE REGISTERED OWNER OF A MOTOR 22 | |
225 | + | VEHICLE OR LESSEE O F A MOTOR VEHICLE UN DER A LEASE OF 6 MONTHS OR MORE . 23 | |
226 | + | ||
227 | + | (II) “OWNER” DOES NOT INCLUDE : 24 | |
228 | + | ||
229 | + | 1. A MOTOR VEHICLE LEASIN G COMPANY; OR 25 | |
230 | + | ||
231 | + | 2. A HOLDER OF A SPECIAL REGISTRATION PLATE 26 | |
232 | + | ISSUED UNDER TITLE 13, SUBTITLE 9, PART III OF THIS ARTICLE. 27 | |
233 | + | ||
234 | + | (4) “RECORDED IMAGE ” MEANS IMAGES RECORDE D BY A STOP SIGN 28 | |
235 | + | MONITORING SYSTEM : 29 | |
236 | + | ||
237 | + | (I) ON: 30 | |
238 | + | ||
239 | + | 1. TWO OR MORE PHOTOGRAP HS; 31 | |
240 | + | 6 HOUSE BILL 1226 | |
241 | + | ||
242 | + | ||
243 | + | 2. TWO OR MORE MICROPHOT OGRAPHS; 1 | |
244 | + | ||
245 | + | 3. TWO OR MORE ELECTRONI C IMAGES; 2 | |
246 | + | ||
247 | + | 4. VIDEOTAPE; OR 3 | |
248 | + | ||
249 | + | 5. ANY OTHER MEDIUM ; AND 4 | |
250 | + | ||
251 | + | (II) SHOWING A MOTOR VEHIC LE AND, ON AT LEAST ONE IMAG E 5 | |
252 | + | OR PORTION OF TAPE , CLEARLY IDENTIFYING THE REGISTRATION PLA TE NUMBER 6 | |
253 | + | OF THE MOTOR VEHICLE . 7 | |
254 | + | ||
255 | + | (5) “STOP SIGN MONITORING SYSTEM ” MEANS A DEVICE DESIG NED 8 | |
256 | + | TO CAPTURE A RECORDE D IMAGE OF A VIOLATI ON. 9 | |
257 | + | ||
258 | + | (6) (I) “VIOLATION” MEANS A FAILURE TO C OME TO A COMPLETE 10 | |
259 | + | STOP AT A STOP SIGN IN VIOLATION OF § 21–707 OF THIS SUBTITLE. 11 | |
260 | + | ||
261 | + | (II) “VIOLATION” DOES NOT INCLUDE ANY ACTION A DRIVER IS 12 | |
262 | + | INSTRUCTED TO TAKE B Y A POLICE OFFICER . 13 | |
263 | + | ||
264 | + | (C) (1) SUBJECT TO PARAGRAPHS (2) THROUGH (4) OF THIS 14 | |
265 | + | SUBSECTION, AN AGENCY MAY USE ST OP SIGN MONITORING SYSTEMS : 15 | |
266 | + | ||
267 | + | (I) ON HIGHWAYS LOCATED I N A SCHOOL ZONE MAINTAINED BY 16 | |
268 | + | BALTIMORE CITY, IF AUTHORIZED BY THE CITY COUNCIL OF BALTIMORE CITY; OR 17 | |
269 | + | ||
270 | + | (II) ON STATE HIGHWAYS LOCATE D IN A SCHOOL ZONE, IF 18 | |
271 | + | AUTHORIZED BY THE STATE HIGHWAY ADMINISTRATION . 19 | |
272 | + | ||
273 | + | (2) A STOP SIGN MONITORING SYSTEM MAY NOT BE USED UNDE R THIS 20 | |
274 | + | SECTION UNLESS ITS U SE IS AUTHORIZED BY THE CITY COUNCIL OF BALTIMORE 21 | |
275 | + | CITY BY LOCAL LAW ENA CTED AFTER REASONABL E NOTICE AND A PUBLI C HEARING. 22 | |
276 | + | ||
277 | + | (3) BEFORE BEGINNING USE OF STOP SIGN MONITORING SYSTEMS , 23 | |
278 | + | AN AGENCY SHALL PUBL ISH NOTICE THAT THE AGENCY HAS ADOPTED T HE USE OF 24 | |
279 | + | STOP SIGN MONITORING SYSTEMS O N ITS WEBSITE AND IN A NEWSPAPER OF 25 | |
280 | + | GENERAL CIRCULATION IN BALTIMORE CITY. 26 | |
281 | + | ||
282 | + | (4) (I) THE CITY SHALL PROMINENTLY PL ACE SIGNS ON 27 | |
283 | + | HIGHWAYS WITHIN THE CITY PROVIDING NOTICE THA T STOP SIGN MONITORING 28 | |
284 | + | SYSTEMS ARE USED IN THE CITY. 29 | |
285 | + | HOUSE BILL 1226 7 | |
286 | + | ||
287 | + | ||
288 | + | (II) THE STATE HIGHWAY ADMINISTRATION SHALL PLACE 1 | |
289 | + | SIGNS PROMINENTLY PR OVIDING NOTICE THAT STOP SIGN MONITORING S YSTEMS 2 | |
290 | + | ARE IN USE ON STATE HIGHWAYS . 3 | |
291 | + | ||
292 | + | (D) A RECORDED IMAGE UNDER THIS SECTION INDICAT ING THAT THE 4 | |
293 | + | DRIVER OF A MOTOR VE HICLE HAS COMMITTED A VIOLATION SHALL IN CLUDE: 5 | |
294 | + | ||
295 | + | (1) THE TIME AND DATE OF THE VIOLATION; AND 6 | |
296 | + | ||
297 | + | (2) TO THE EXTENT POSSIBL E, THE LOCATION OF THE VIOLATION . 7 | |
298 | + | ||
299 | + | (E) (1) UNLESS THE DRIVER OF THE MOTOR VEHICLE RE CEIVED A 8 | |
300 | + | CITATION FROM A POLI CE OFFICER AT THE TI ME OF THE VIOLATION , THE OWNER 9 | |
301 | + | OR, IN ACCORDANCE WITH S UBSECTION (F)(3) OR (H)(4) OR (5) OF THIS SECTION , 10 | |
302 | + | THE DRIVER OF A MOTO R VEHICLE IS SUBJECT TO A CIVI L PENALTY IF THE MOT OR 11 | |
303 | + | VEHICLE IS RECORDED BY A STOP SIGN MONITORING SYSTEM DU RING THE 12 | |
304 | + | COMMISSION OF A VIOL ATION. 13 | |
305 | + | ||
306 | + | (2) A CIVIL PENALTY UNDER THIS SUBSECTION MAY NOT EXCEED $40. 14 | |
307 | + | ||
308 | + | (3) FOR PURPOSES OF THIS SECTION, THE DISTRICT COURT SHALL 15 | |
309 | + | PRESCRIBE: 16 | |
310 | + | ||
311 | + | (I) A UNIFORM CITATION FOR M CONSISTENT WITH 17 | |
312 | + | SUBSECTION (F)(1) OF THIS SECTION AND § 7–302 OF THE COURTS ARTICLE; AND 18 | |
313 | + | ||
314 | + | (II) A CIVIL PENALTY , WHICH SHALL BE INDIC ATED ON THE 19 | |
315 | + | CITATION, TO BE PAID BY PERSON S WHO CHOOSE TO PREP AY THE CIVIL PENALTY 20 | |
316 | + | WITHOUT APPEARING IN DISTRICT COURT. 21 | |
317 | + | ||
318 | + | (F) (1) SUBJECT TO THE PROVIS IONS OF PARAGRAPHS (2) THROUGH (5) 22 | |
319 | + | OF THIS SUBSECTION , AN AGENCY SHALL MAIL TO THE OWNER LIABLE UNDER 23 | |
320 | + | SUBSECTION (E) OF THIS SECTION A CI TATION THAT SHALL IN CLUDE: 24 | |
321 | + | ||
322 | + | (I) THE NAME AND ADDRESS OF TH E REGISTERED OWNER O F 25 | |
323 | + | THE MOTOR VEHICLE ; 26 | |
324 | + | ||
325 | + | (II) THE REGISTRATION NUMB ER OF THE MOTOR VEHI CLE 27 | |
326 | + | INVOLVED IN THE VIOL ATION; 28 | |
327 | + | ||
328 | + | (III) THE VIOLATION CHARGED ; 29 | |
329 | + | ||
330 | + | (IV) TO THE EXTENT POSSIBL E, THE LOCATION OF THE 30 | |
331 | + | VIOLATION; 31 8 HOUSE BILL 1226 | |
146 | 332 | ||
147 | 333 | ||
148 | 334 | ||
149 | - | 1. May recover the costs of implementing and administering 1 | |
150 | - | the speed monitoring systems, work zone speed control systems, STOP SIGN MONITORING 2 | |
151 | - | SYSTEMS, school bus monitoring cameras, or bus lane monitoring systems; and 3 | |
335 | + | (V) THE DATE AND TIME OF THE VIOL ATION; 1 | |
152 | 336 | ||
153 | - | 2. Subject to subparagraph (ii) of this paragraph, may spend 4 | |
154 | - | any remaining balance solely for public safety purposes, including pedestrian or highway 5 | |
155 | - | safety programs. 6 | |
337 | + | (VI) A COPY OF THE RECORDED IMAGE; 2 | |
156 | 338 | ||
157 | - | (ii) 1. For any fiscal year, if the balance remaining from the fines 7 | |
158 | - | collected by a political subdivision as a result of violations enforced by speed monitoring 8 | |
159 | - | systems, after the costs of implementing and administering the systems are recovered in 9 | |
160 | - | accordance with subparagraph (i)1 of this paragraph, is greater than 10% of the total 10 | |
161 | - | revenues of the political subdivision for the fiscal year, the political subdivision shall remit 11 | |
162 | - | any funds that exceed 10% of the total revenues to the Comptroller. 12 | |
339 | + | (VII) THE AMOUNT OF THE CIV IL PENALTY IMPOSED A ND THE 3 | |
340 | + | DATE BY WHICH THE CI VIL PENALTY MUST BE PAID; 4 | |
163 | 341 | ||
164 | - | 2. The Comptroller shall deposit any money remitted under 13 | |
165 | - | this subparagraph to the General Fund of the State. 14 | |
342 | + | (VIII) A SIGNED STATEMENT BY A TECHNICIAN EMPLOYE D BY THE 5 | |
343 | + | AGENCY THAT , BASED ON TH E INSPECTION OF THE RECORDED IMAGE , THE MOTOR 6 | |
344 | + | VEHICLE WAS BEING OP ERATED DURING THE CO MMISSION OF A VIOLAT ION; 7 | |
166 | 345 | ||
167 | - | 10–311. 15 | |
346 | + | (IX) A STATEMENT THAT THE R ECORDED IMAGE IS EVI DENCE OF 8 | |
347 | + | A VIOLATION; AND 9 | |
168 | 348 | ||
169 | - | (F) A RECORDED IMAGE OF A MOTOR VEHICLE PRODUC ED BY A STOP SIGN 16 | |
170 | - | MONITORING SYSTEM IN ACCORDANCE WITH § 21–707.2 OF THE TRANSPORTATION 17 | |
171 | - | ARTICLE IS ADMISSIBLE IN A PROCEEDING CONC ERNING A CIVIL CITAT ION ISSUED 18 | |
172 | - | UNDER THAT SECTION FOR A VIOLATION OF § 21–707.2 OF THE TRANSPORTATION 19 | |
173 | - | ARTICLE WITHOUT AUTHE NTICATION. 20 | |
349 | + | (X) INFORMATION ADVISING THE PERSON ALLEGED T O BE 10 | |
350 | + | LIABLE UNDER THIS SECTION: 11 | |
174 | 351 | ||
175 | - | [(f)] (G) In any other judicial proceeding, a recorded image produced by a vehicle 21 | |
176 | - | height monitoring system, traffic control signal monitoring system, speed monitoring 22 | |
177 | - | system, work zone speed control system, STOP SIGN MONITORING SYSTEM, school bus 23 | |
178 | - | monitoring camera, or bus lane monitoring system is admissible as otherwise provided by 24 | |
179 | - | law. 25 | |
352 | + | 1. OF THE MANNER AND TIM E IN WHICH LIABILITY AS 12 | |
353 | + | ALLEGED IN THE CITAT ION MAY BE CONTESTED IN THE DISTRICT COURT; AND 13 | |
180 | 354 | ||
181 | - | SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 26 | |
182 | - | as follows: 27 | |
355 | + | 2. THAT FAILURE TO PAY T HE CIVIL PENALTY OR TO 14 | |
356 | + | CONTEST LIABILITY IN A TIMELY MANNER IS A N ADMISSION OF LIABI LITY AND MAY 15 | |
357 | + | RESULT IN REFUSAL OR SUSPENSION OF THE MO TOR VEHICLE REGISTRA TION. 16 | |
183 | 358 | ||
184 | - | Article – Courts and Judicial Proceedings 28 | |
359 | + | (2) THE AGENCY MAY MAIL A WARNING NOTICE IN PL ACE OF A 17 | |
360 | + | CITATION TO THE OWNE R LIABLE UNDER SUBSE CTION (E) OF THIS SECTION. 18 | |
185 | 361 | ||
186 | - | 4–401. 29 | |
362 | + | (3) (I) BEFORE MAILING A CITA TION TO A MOTOR VEHI CLE 19 | |
363 | + | RENTAL COMPANY LIABLE U NDER SUBSECTION (E) OF THIS SECTION , AN AGENCY 20 | |
364 | + | SHALL MAIL A NOTICE TO THE MOTOR VEHICLE RENTAL COMPANY STATI NG THAT A 21 | |
365 | + | CITATION WILL BE MAI LED TO THE MOTOR VEH ICLE RENTAL COMPANY UNLESS, 22 | |
366 | + | WITHIN 45 DAYS AFTER RECEIVING THE NOTICE, THE MOTOR VEHICLE RENTAL 23 | |
367 | + | COMPANY PROVIDES THE AGENCY WITH: 24 | |
187 | 368 | ||
188 | - | Except as provided in § 4–402 of this subtitle, and subject to the venue provisions of 30 | |
189 | - | Title 6 of this article, the District Court has exclusive original civil jurisdiction in: 31 | |
369 | + | 1. A STATEMENT MADE UNDER OATH THAT STATES THE 25 | |
370 | + | NAME AND LAST KNOWN MAILING ADDRESS OF T HE INDIVIDUAL DRIVIN G OR 26 | |
371 | + | RENTING THE MOTOR VE HICLE WHEN THE VIOLA TION OCCURRED ; 27 | |
190 | 372 | ||
191 | - | (13) A proceeding for a civil infraction under § 21–202.1, § 21–704.1, § 32 | |
192 | - | 21–706.1, § 21–707.1, § 21–707.2, § 21–809, § 21–810, § 21–1134, § 22–612, or § 24–111.3 33 | |
193 | - | of the Transportation Article or § 10–112 of the Criminal Law Article; 34 HOUSE BILL 1226 5 | |
194 | - | ||
195 | - | ||
196 | - | ||
197 | - | Article – Courts and Judicial Proceedings 1 | |
198 | - | ||
199 | - | 7–302. 2 | |
200 | - | ||
201 | - | (e) (4) (i) Except as provided in paragraph (5) of this subsection, from the 3 | |
202 | - | fines collected by a political subdivision as a result of violations enforced by speed 4 | |
203 | - | monitoring systems, work zone speed control systems, stop sign monitoring systems, school 5 | |
204 | - | bus monitoring cameras, bus lane monitoring systems, or noise abatement monitoring 6 | |
205 | - | systems, a political subdivision: 7 | |
206 | - | ||
207 | - | 1. May recover the costs of implementing and administering 8 | |
208 | - | the speed monitoring systems, work zone speed control systems, STOP SIGN MONITORING 9 | |
209 | - | SYSTEMS, school bus monitoring cameras, bus lane monitoring systems, or noise 10 | |
210 | - | abatement monitoring systems; and 11 | |
211 | - | ||
212 | - | 2. Subject to subparagraphs (ii), (iii), and (iv) of this 12 | |
213 | - | paragraph, may spend any remaining balance solely for public safety purposes, including 13 | |
214 | - | pedestrian or highway safety programs. 14 | |
215 | - | ||
216 | - | Article – Transportation 15 | |
217 | - | ||
218 | - | 21–707. 16 | |
219 | - | ||
220 | - | (a) Unless otherwise directed by a police officer or traffic control signal, the driver 17 | |
221 | - | of a vehicle approaching a stop sign at an intersection shall stop at the near side of the 18 | |
222 | - | intersection at a clearly marked stop line. 19 | |
223 | - | ||
224 | - | (b) Unless otherwise directed by a police officer or traffic control signal, the driver 20 | |
225 | - | of a vehicle approaching a stop sign at an intersection shall stop at the near side of the 21 | |
226 | - | intersection and, if there is no clearly marked stop line, before entering any crosswalk. 22 | |
227 | - | ||
228 | - | (c) Unless otherwise directed by a police officer or traffic control signal, the driver 23 | |
229 | - | of a vehicle approaching a stop sign at an intersection shall stop at the near side of an 24 | |
230 | - | intersection and, if there is no crosswalk, at the nearest point before entering the 25 | |
231 | - | intersection that gives the driver a view of traffic approaching on the intersecting roadway. 26 | |
232 | - | ||
233 | - | (d) The driver of a vehicle approaching a yield sign at an intersection, if required 27 | |
234 | - | for safety to stop, shall stop at the near side of the intersection at a clearly marked stop 28 | |
235 | - | line. 29 | |
236 | - | ||
237 | - | (e) The driver of a vehicle approaching a yield sign at an intersection, if required 30 | |
238 | - | for safety to stop, shall stop at the near side of the intersection and, if there is no clearly 31 | |
239 | - | marked stop line, before entering any crosswalk. 32 | |
240 | - | ||
241 | - | (f) The driver of a vehicle approaching a yield sign at an intersection, if required 33 | |
242 | - | for safety to stop, shall stop at the near side of the intersection and, if there is no crosswalk, 34 6 HOUSE BILL 1226 | |
243 | - | ||
244 | - | ||
245 | - | at the nearest point before entering the intersection that gives the driver a view of traffic 1 | |
246 | - | approaching on the intersecting roadway. 2 | |
247 | - | ||
248 | - | 21–707.2. 3 | |
249 | - | ||
250 | - | (A) THIS SECTION APPLIES ONLY IN BALTIMORE CITY. 4 | |
251 | - | ||
252 | - | (B) (1) IN THIS SECTION THE FOLLOWIN G WORDS HAVE THE MEA NINGS 5 | |
253 | - | INDICATED. 6 | |
254 | - | ||
255 | - | (2) “AGENCY” MEANS A LAW ENFORCEM ENT AGENCY THAT IS 7 | |
256 | - | AUTHORIZED TO ISSUE A CITATION FOR A VIO LATION OF THE MARYLAND VEHICLE 8 | |
257 | - | LAW OR OF LOCAL TRAFF IC LAWS OR REGULATIO NS. 9 | |
258 | - | ||
259 | - | (3) (I) “OWNER” MEANS TH E REGISTERED OWNER O F A MOTOR 10 | |
260 | - | VEHICLE OR LESSEE OF A MOTOR VEHICLE UNDE R A LEASE OF 6 MONTHS OR MORE . 11 | |
261 | - | ||
262 | - | (II) “OWNER” DOES NOT INCLUDE : 12 | |
263 | - | ||
264 | - | 1. A MOTOR VEHICLE LEASIN G COMPANY; OR 13 | |
265 | - | ||
266 | - | 2. A HOLDER OF A SPECIAL REGISTRATION PLATE 14 | |
267 | - | ISSUED UNDER TITLE 13, SUBTITLE 9, PART III OF THIS ARTICLE. 15 | |
268 | - | ||
269 | - | (4) “RECORDED IMAGE ” MEANS IMAGES RECORDE D BY A STOP SIGN 16 | |
270 | - | MONITORING SYSTEM : 17 | |
271 | - | ||
272 | - | (I) ON: 18 | |
273 | - | ||
274 | - | 1. TWO OR MORE PHOTOGRAP HS; 19 | |
275 | - | ||
276 | - | 2. TWO OR MORE MICROPHOT OGRAPHS; 20 | |
277 | - | ||
278 | - | 3. TWO OR MORE ELECTRONI C IMAGES; 21 | |
279 | - | ||
280 | - | 4. VIDEOTAPE; OR 22 | |
281 | - | ||
282 | - | 5. ANY OTHER MEDIUM ; AND 23 | |
283 | - | ||
284 | - | (II) SHOWING A MOTOR VEHIC LE AND, ON AT LEAST ONE IMAG E 24 | |
285 | - | OR PORTION OF TAPE , CLEARLY IDENTIFYING THE REGISTRATION PLA TE NUMBER 25 | |
286 | - | OF THE MOTOR VEHICLE . 26 | |
287 | - | ||
288 | - | (5) “STOP SIGN MONITORING SYSTEM” MEANS A DEVICE DESIG NED 27 | |
289 | - | TO CAPTURE A RECORDED IMAGE OF A VIOLATION. 28 HOUSE BILL 1226 7 | |
290 | - | ||
291 | - | ||
292 | - | ||
293 | - | (6) (I) “VIOLATION” MEANS A FAILURE TO C OME TO A COMPLETE 1 | |
294 | - | STOP AT A STOP SIGN IN VIOLATION OF § 21–707 OF THIS SUBTITLE. 2 | |
295 | - | ||
296 | - | (II) “VIOLATION” DOES NOT INCLUDE ANY ACTION A DRIVER IS 3 | |
297 | - | INSTRUCTED TO TAKE B Y A POLICE OFFICE R. 4 | |
298 | - | ||
299 | - | (C) (1) SUBJECT TO PARAGRAPHS (2) THROUGH (4) OF THIS 5 | |
300 | - | SUBSECTION, AN AGENCY MAY USE ST OP SIGN MONITORING S YSTEMS: 6 | |
301 | - | ||
302 | - | (I) ON HIGHWAYS LOCATED I N A SCHOOL ZONE MAIN TAINED BY 7 | |
303 | - | BALTIMORE CITY, IF AUTHORIZED BY THE CITY COUNCIL OF BALTIMORE CITY; OR 8 | |
304 | - | ||
305 | - | (II) ON STATE HIGHWAYS LOCATE D IN A SCHOOL ZONE , IF 9 | |
306 | - | AUTHORIZED BY THE STATE HIGHWAY ADMINISTRATION . 10 | |
307 | - | ||
308 | - | (2) A STOP SIGN MONITORING SYSTEM MAY NOT BE US ED UNDER THIS 11 | |
309 | - | SECTION UNLESS ITS U SE IS AUTHORIZED BY THE CITY COUNCIL OF BALTIMORE 12 | |
310 | - | CITY BY LOCAL LAW ENA CTED AFTER REASONABLE N OTICE AND A PUBLIC H EARING. 13 | |
311 | - | ||
312 | - | (3) BEFORE BEGINNING USE OF STOP SIGN MONITORING SYSTEMS , 14 | |
313 | - | AN AGENCY SHALL PUBL ISH NOTICE THAT THE AGENCY HAS ADOPTED T HE USE OF 15 | |
314 | - | STOP SIGN MONITORING SYSTEMS ON ITS WEBSI TE AND IN A NEWSPAPE R OF 16 | |
315 | - | GENERAL CIRCULATION IN BALTIMORE CITY. 17 | |
316 | - | ||
317 | - | (4) (I) THE CITY SHALL PROMINENTL Y PLACE SIGNS ON 18 | |
318 | - | HIGHWAYS WITHIN THE CITY PROVIDING NOTICE THAT STOP SIGN MONITORING 19 | |
319 | - | SYSTEMS ARE USED IN THE CITY. 20 | |
320 | - | ||
321 | - | (II) THE STATE HIGHWAY ADMINISTRATION SHALL PLACE 21 | |
322 | - | SIGNS PROMINENTLY PROVIDING NOTICE THA T STOP SIGN MONITORING SYSTEMS 22 | |
323 | - | ARE IN USE ON STATE HIGHWAYS . 23 | |
324 | - | ||
325 | - | (D) A RECORDED IMAGE UNDER THIS SECTION INDICAT ING THAT THE 24 | |
326 | - | DRIVER OF A MOTOR VE HICLE HAS COMMITTED A VIOLATION SHALL IN CLUDE: 25 | |
327 | - | ||
328 | - | (1) THE TIME AND DATE OF THE VIOLATION; AND 26 | |
329 | - | ||
330 | - | (2) TO THE EXTENT POSSIBL E, THE LOCATION OF THE VIOLATION. 27 | |
331 | - | ||
332 | - | (E) (1) UNLESS THE DRIVER OF THE MOTOR VEHICLE RE CEIVED A 28 | |
333 | - | CITATION FROM A POLI CE OFFICER AT THE TI ME OF THE VIOLATION , THE OWNER 29 | |
334 | - | OR, IN ACCORDANCE WITH S UBSECTION (F)(3) OR (H)(4) OR (5) OF THIS SECTION, 30 | |
335 | - | THE DRIVER OF A MOTO R VEHICLE IS SUBJECT TO A CIVIL PENALTY I F THE MOTOR 31 8 HOUSE BILL 1226 | |
336 | - | ||
337 | - | ||
338 | - | VEHICLE IS RECORDED BY A STOP SIGN MONIT ORING SYSTEM DURING THE 1 | |
339 | - | COMMISSION OF A VIOL ATION. 2 | |
340 | - | ||
341 | - | (2) A CIVIL PENALTY UNDER THIS SUBSECTION MAY NOT EXCEED $40. 3 | |
342 | - | ||
343 | - | (3) FOR PURPOSES OF THIS SECTI ON, THE DISTRICT COURT SHALL 4 | |
344 | - | PRESCRIBE: 5 | |
345 | - | ||
346 | - | (I) A UNIFORM CITATION FOR M CONSISTENT WITH 6 | |
347 | - | SUBSECTION (F)(1) OF THIS SECTION AND § 7–302 OF THE COURTS ARTICLE; AND 7 | |
348 | - | ||
349 | - | (II) A CIVIL PENALTY , WHICH SHALL BE INDIC ATED ON THE 8 | |
350 | - | CITATION, TO BE PAID BY PERSONS WHO C HOOSE TO PREPAY THE CIVIL PENALTY 9 | |
351 | - | WITHOUT APPEARING IN DISTRICT COURT. 10 | |
352 | - | ||
353 | - | (F) (1) SUBJECT TO THE PROVIS IONS OF PARAGRAPHS (2) THROUGH (5) 11 | |
354 | - | OF THIS SUBSECTION , AN AGENCY SHALL MAIL TO THE OWNER LIABLE UNDER 12 | |
355 | - | SUBSECTION (E) OF THIS SECTION A CITATION THAT SHALL INCLUDE: 13 | |
356 | - | ||
357 | - | (I) THE NAME AND ADDRESS OF THE REGISTERED OW NER OF 14 | |
358 | - | THE MOTOR VEHICLE ; 15 | |
359 | - | ||
360 | - | (II) THE REGISTRATION NUMB ER OF THE MOTOR VEHI CLE 16 | |
361 | - | INVOLVED IN THE VIOL ATION; 17 | |
362 | - | ||
363 | - | (III) THE VIOLATION CHARGED ; 18 | |
364 | - | ||
365 | - | (IV) TO THE EXTENT POSSIBL E, THE LOCATION OF THE 19 | |
366 | - | VIOLATION; 20 | |
367 | - | ||
368 | - | (V) THE DATE AND TIME OF THE VIOLATION; 21 | |
369 | - | ||
370 | - | (VI) A COPY OF THE RECORDED IMAGE; 22 | |
371 | - | ||
372 | - | (VII) THE AMOUNT OF THE CIV IL PENALTY IMPOSED A ND THE 23 | |
373 | - | DATE BY WHICH THE CI VIL PENALTY MUST BE PAID; 24 | |
374 | - | ||
375 | - | (VIII) A SIGNED STATEMENT BY A TECHNICIAN EMPLOYED BY THE 25 | |
376 | - | AGENCY THAT , BASED ON THE INSPECT ION OF THE RECORDED IMAGE, THE MOTOR 26 | |
377 | - | VEHICLE WAS BEING OP ERATED DURING THE CO MMISSION OF A VIOLAT ION; 27 | |
378 | - | ||
379 | - | (IX) A STATEMENT THAT THE R ECORDED IMAGE IS EVI DENCE OF 28 | |
380 | - | A VIOLATION; AND 29 | |
373 | + | 2. A. A STATEMENT MADE UNDER OATH THAT 28 | |
374 | + | STATES THAT THE MOTO R VEHICLE RENTAL COM PANY IS UNABLE TO DE TERMINE 29 | |
375 | + | WHO WAS DRIVING THE MOTOR VEHICLE AT THE TIME THE VIOLATION O CCURRED 30 | |
376 | + | BECAUSE THE MOTOR VE HICLE WAS STOLEN AT THE TIME OF THE VIOL ATION; AND 31 | |
381 | 377 | HOUSE BILL 1226 9 | |
382 | 378 | ||
383 | 379 | ||
384 | - | | |
385 | - | ||
380 | + | B. A COPY OF THE POLICE R EPORT ASSOCIATED WITH 1 | |
381 | + | THE MOTOR VEHICLE TH EFT CLAIMED UNDER IT EM A OF THIS ITEM; OR 2 | |
386 | 382 | ||
387 | - | | |
388 | - | ||
383 | + | 3. PAYMENT FOR THE PENAL TY ASSOCIATED WITH T HE 3 | |
384 | + | VIOLATION. 4 | |
389 | 385 | ||
390 | - | 2. THAT FAILURE TO PAY T HE CIVIL PENALTY OR TO 5 | |
391 | - | CONTEST LIABILITY IN A TIMELY MANNER IS AN ADMISSION OF LIABILI TY AND MAY 6 | |
392 | - | RESULT IN REFUSAL OR SUSPENSION OF THE MO TOR VEHICLE REGISTRA TION. 7 | |
386 | + | (II) AN AGENCY MAY NOT MAI L A CITATION TO A MO TOR 5 | |
387 | + | VEHICLE RENTAL COMPA NY LIABLE UNDER SUBS ECTION (E) OF THIS SECTION IF 6 | |
388 | + | THE MOTOR VEHICLE RE NTAL COMPANY COMPLIE S WITH SUBPARAGRAPH (I) OF 7 | |
389 | + | THIS PARAGRAPH . 8 | |
393 | 390 | ||
394 | - | (2) THE AGENCY MAY MAIL A WARNING NOTICE IN PL ACE OF A 8 | |
395 | - | CITATION TO THE OWNE R LIABLE UNDER SUBSE CTION (E) OF THIS SECTION. 9 | |
391 | + | (4) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION 9 | |
392 | + | AND SUBSECTION (H)(4) AND (5) OF THIS SECTION, A CITATION ISSUED UN DER THIS 10 | |
393 | + | SECTION SHALL BE MAI LED NOT LATER THAN 2 WEEKS AFTER THE ALLE GED 11 | |
394 | + | VIOLATION. 12 | |
396 | 395 | ||
397 | - | (3) (I) BEFORE MAILING A CITA TION TO A MOTOR VEHI CLE 10 | |
398 | - | RENTAL COMPANY LIABL E UNDER SUBSECTION (E) OF THIS SECTION , AN AGENCY 11 | |
399 | - | SHALL MAIL A NOTICE TO THE MOTOR VEHICLE RENTAL COMPANY STATI NG THAT A 12 | |
400 | - | CITATION WILL BE MAI LED TO THE MOTOR VEH ICLE RENTAL COMPANY UNLESS, 13 | |
401 | - | WITHIN 45 DAYS AFTER RECEIVING THE NOTICE, THE MOTOR VEHICLE RE NTAL 14 | |
402 | - | COMPANY PROVIDES THE AGENCY WITH: 15 | |
396 | + | (5) A PERSON WHO RECEIVES A CITATION UNDER PAR AGRAPH (1) OF 13 | |
397 | + | THIS SUBSECTION MAY : 14 | |
403 | 398 | ||
404 | - | 1. A STATEMENT MADE UNDER OATH THAT STATES THE 16 | |
405 | - | NAME AND LAST KNOWN MAILING ADDRESS OF T HE INDIVIDUAL DRIVIN G OR 17 | |
406 | - | RENTING THE MOTOR VE HICLE WHEN THE VIOLA TION OCCURRED ; 18 | |
399 | + | (I) PAY THE CIVIL PENALTY IN ACCORDANCE WITH 15 | |
400 | + | INSTRUCTIONS ON THE CITATION; OR 16 | |
407 | 401 | ||
408 | - | 2. A. A STATEMENT MADE UNDER OATH THAT 19 | |
409 | - | STATES THAT THE MOTO R VEHICLE RENTAL COM PANY IS UNABLE TO DE TERMINE 20 | |
410 | - | WHO WAS DRIVING THE MOTOR VEHICLE AT THE TIME THE VIOLATION O CCURRED 21 | |
411 | - | BECAUSE THE MOTOR VE HICLE WAS STOLEN AT THE TIME OF THE VIOLATION; AND 22 | |
402 | + | (II) ELECT TO STAND TRIAL FOR THE ALLEGED VIOLATION . 17 | |
412 | 403 | ||
413 | - | B. A COPY OF THE POLICE R EPORT ASSOCIATED WIT H 23 | |
414 | - | THE MOTOR VEHICLE TH EFT CLAIMED UNDER IT EM A OF THIS ITEM; OR 24 | |
404 | + | (G) (1) A CERTIFICATE ALLEGING THAT A VIOLATION OCC URRED, SWORN 18 | |
405 | + | TO OR AFFIRMED BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER EMPLOYED 19 | |
406 | + | BY OR UNDER CONTRACT WITH AN AGENCY , BASED ON THE INSPECT ION OF A 20 | |
407 | + | RECORDED IMAGE , SHALL BE EVIDENCE OF THE FACTS CONTAIN ED IN THE 21 | |
408 | + | CERTIFICATE AND SHAL L BE ADMISSIBLE IN A NY PROCEEDING CONCER NING THE 22 | |
409 | + | ALLEGED VIOLATION . 23 | |
415 | 410 | ||
416 | - | | |
417 | - | ||
411 | + | (2) ADJUDICATION OF LIABI LITY SHALL BE BASED ON 24 | |
412 | + | PREPONDERANCE OF THE EVIDENCE. 25 | |
418 | 413 | ||
419 | - | (II) AN AGENCY MAY NOT MAI L A CITATION TO A MO TOR 27 | |
420 | - | VEHICLE RENTAL COMPANY LIABL E UNDER SUBSECTION (E) OF THIS SECTION IF 28 | |
421 | - | THE MOTOR VEHICLE RE NTAL COMPANY COMPLIE S WITH SUBPARAGRAPH (I) OF 29 | |
422 | - | THIS PARAGRAPH . 30 | |
414 | + | (H) (1) THE DISTRICT COURT MAY CONSIDER IN DEFENSE OF A 26 | |
415 | + | VIOLATION: 27 | |
423 | 416 | ||
424 | - | (4) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION 31 | |
425 | - | AND SUBSECTION (H)(4) AND (5) OF THIS SECTION, A CITATION ISSUED UNDE R THIS 32 | |
426 | - | SECTION SHALL BE MAI LED NOT LATER THAN 2 WEEKS AFTER THE ALLE GED 33 | |
427 | - | VIOLATION. 34 10 HOUSE BILL 1226 | |
417 | + | (I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THAT 28 | |
418 | + | THE MOTOR VEHICLE OR REGISTRATION PLATES OF THE MOTOR VEHICLE WERE 29 | |
419 | + | STOLEN BEFORE THE VI OLATION OCCURRED AND WERE NOT UNDER THE C ONTROL 30 | |
420 | + | OR POSSESSION OF THE OWNER AT THE TIME OF THE VIOLATION; 31 | |
421 | + | ||
422 | + | (II) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 32 | |
423 | + | EVIDENCE THAT THE PE RSON NAMED IN THE CI TATION WAS NOT OPERA TING THE 33 10 HOUSE BILL 1226 | |
428 | 424 | ||
429 | 425 | ||
426 | + | MOTOR VEHICLE AT THE TIME OF THE VIOLATIO N; AND 1 | |
430 | 427 | ||
431 | - | ( | |
432 | - | ||
428 | + | (III) ANY OTHER ISSUES AND EVIDENCE THAT THE DISTRICT 2 | |
429 | + | COURT CONSIDERS PERTINENT. 3 | |
433 | 430 | ||
434 | - | (I) PAY THE CIVIL PENALTY IN ACCORDANCE WITH 3 | |
435 | - | INSTRUCTIONS ON THE CITATION; OR 4 | |
431 | + | (2) TO DEMONSTRATE THAT T HE MOTOR VEHICLE OR THE 4 | |
432 | + | REGISTRATION PLATES WERE STOLEN BEFORE T HE VIOLATION OCCURRE D AND 5 | |
433 | + | WERE NOT UNDER THE C ONTROL OR POSSESSION OF THE OWNER AT THE TIME OF 6 | |
434 | + | THE VIOLATION , THE OWNER MUST SUBMI T PROOF THAT A POLIC E REPORT ABOUT 7 | |
435 | + | THE STOLEN MOTOR VEH ICLE OR REGISTRATION PLATES WAS FILED IN A TIMELY 8 | |
436 | + | MANNER. 9 | |
436 | 437 | ||
437 | - | (II) ELECT TO STAND TRIAL FOR THE ALLEGED VIOL ATION. 5 | |
438 | + | (3) TO SATISFY THE EVIDEN TIARY BURDEN UNDER P ARAGRAPH 10 | |
439 | + | (1)(II) OF THIS SUBSECTION , THE PERSON NAMED IN THE CITATION SHALL P ROVIDE 11 | |
440 | + | TO THE DISTRICT COURT EVIDENCE TO THE SATISFACTION OF THE DISTRICT 12 | |
441 | + | COURT OF WHO WAS OPER ATING THE MOTOR VEHI CLE AT THE TIME OF T HE 13 | |
442 | + | VIOLATION, INCLUDING, AT A MINIMUM , THE OPERATOR ’S NAME AND CURRENT 14 | |
443 | + | ADDRESS. 15 | |
438 | 444 | ||
439 | - | (G) (1) A CERTIFICATE ALLEGING THAT A VIOLATION OCC URRED, SWORN 6 | |
440 | - | TO OR AFFIRMED BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER EMPLOYED 7 | |
441 | - | BY OR UNDER CONTRACT WITH AN AGENCY , BASED ON THE I NSPECTION OF A 8 | |
442 | - | RECORDED IMAGE , SHALL BE EVIDENCE OF THE FACTS CONTAINED IN THE 9 | |
443 | - | CERTIFICATE AND SHAL L BE ADMISSIBLE IN A NY PROCEEDING CONCER NING THE 10 | |
444 | - | ALLEGED VIOLATION . 11 | |
445 | + | (4) (I) THE PROVISIONS OF THI S PARAGRAPH APPLY ON LY TO A 16 | |
446 | + | CITATION THAT INVOLV ES A CLASS E (TRUCK) VEHICLE WITH A REGIS TERED GROSS 17 | |
447 | + | WEIGHT OF 26,001 POUNDS OR MORE , CLASS F (TRACTOR) VEHICLE, CLASS G 18 | |
448 | + | (TRAILER) VEHICLE OPERATED IN COMBINATION WITH A CLASS F (TRACTOR) 19 | |
449 | + | VEHICLE, OR CLASS P (PASSENGER BUS ) VEHICLE. 20 | |
445 | 450 | ||
446 | - | (2) ADJUDICATION OF LIABI LITY SHALL BE BASED ON 12 | |
447 | - | PREPONDERANCE OF THE EVIDENCE. 13 | |
451 | + | (II) TO SATISFY THE E VIDENTIARY BURDEN UN DER 21 | |
452 | + | PARAGRAPH (1)(II) OF THIS SUBSECTION , THE PERSON NAMED IN A CITATION 22 | |
453 | + | DESCRIBED UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH MA Y PROVIDE TO THE 23 | |
454 | + | DISTRICT COURT A LETTER , SWORN TO OR AFFIRMED BY THE PERSON AND MA ILED 24 | |
455 | + | BY CERTIFIED MAIL , RETURN RECEIPT REQUESTE D, THAT: 25 | |
448 | 456 | ||
449 | - | | |
450 | - | ||
457 | + | 1. STATES THAT THE PERSO N NAMED IN THE CITAT ION 26 | |
458 | + | WAS NOT OPERATING TH E MOTOR VEHICLE AT T HE TIME OF THE VIOLA TION; AND 27 | |
451 | 459 | ||
452 | - | (I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THAT 16 | |
453 | - | THE MOTOR VEHICLE OR REGISTRATION PLATES OF THE MOTOR VEHICLE WERE 17 | |
454 | - | STOLEN BEFORE THE VI OLATION OCCURRED AND WERE NOT UNDER THE C ONTROL 18 | |
455 | - | OR POSSESSION OF THE OWNER AT THE TIME OF THE VIOLATION; 19 | |
460 | + | 2. PROVIDES THE NAME , ADDRESS, AND DRIVER ’S 28 | |
461 | + | LICENSE IDENTIFICATI ON NUMBER OF THE PER SON WHO WAS OPE RATING THE 29 | |
462 | + | MOTOR VEHICLE AT THE TIME OF THE VIOLATIO N. 30 | |
456 | 463 | ||
457 | - | (II) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 20 | |
458 | - | EVIDENCE THAT THE PE RSON NAMED IN THE CI TATION WAS NOT OPERA TING THE 21 | |
459 | - | MOTOR VEHICLE AT THE TIME OF THE VIOLATIO N; AND 22 | |
460 | - | ||
461 | - | (III) ANY OTHER ISSUES AND EVIDENCE THAT TH E DISTRICT 23 | |
462 | - | COURT CONSIDERS PERTI NENT. 24 | |
463 | - | ||
464 | - | (2) TO DEMONSTRATE THAT T HE MOTOR VEHICLE OR THE 25 | |
465 | - | REGISTRATION PLATES WERE STOLEN BEFORE T HE VIOLATION OCCURRE D AND 26 | |
466 | - | WERE NOT UNDER THE C ONTROL OR POSSESSION OF THE OWNER AT THE TIME OF 27 | |
467 | - | THE VIOLATION, THE OWNER MUST SUBMI T PROOF THAT A POLIC E REPORT ABOUT 28 | |
468 | - | THE STOLEN MOTOR VEH ICLE OR REGISTRATION PLATES WAS FILED IN A TIMELY 29 | |
469 | - | MANNER. 30 | |
470 | - | ||
471 | - | (3) TO SATISFY THE EVIDEN TIARY BURDEN UNDER P ARAGRAPH 31 | |
472 | - | (1)(II) OF THIS SUBSECTION , THE PERSON NAMED IN THE CITATION SHALL PROVIDE 32 | |
473 | - | TO THE DISTRICT COURT EVIDENCE TO THE SATISFACTION OF THE DISTRICT 33 HOUSE BILL 1226 11 | |
464 | + | (5) (I) IF THE DISTRICT COURT FINDS THAT THE PERSON NAMED 31 | |
465 | + | IN THE CITATION WAS NOT OPERATING THE MO TOR VEHICLE AT THE T IME OF THE 32 | |
466 | + | VIOLATION OR RECEIVE S EVIDENCE UNDER PAR AGRAPH (4)(II)2 OF THIS 33 | |
467 | + | SUBSECTION IDENTIFYING TH E PERSON DRIVING THE MOTOR VEHICLE AT THE TIME 34 | |
468 | + | OF THE VIOLATION, THE CLERK OF COURT S HALL PROVIDE TO THE AGENCY ISSUING 35 | |
469 | + | THE CITATION A COPY OF ANY EVIDENCE SUBS TANTIATING WHO WAS O PERATING 36 HOUSE BILL 1226 11 | |
474 | 470 | ||
475 | 471 | ||
476 | - | COURT OF WHO WAS OPER ATING THE MOTOR VEHI CLE AT THE TIME OF T HE 1 | |
477 | - | VIOLATION, INCLUDING, AT A MINIMUM , THE OPERATOR ’S NAME AND CURRENT 2 | |
478 | - | ADDRESS. 3 | |
472 | + | THE MOTOR VEHICLE AT THE TIME OF THE VIOL ATION. 1 | |
479 | 473 | ||
480 | - | ( | |
481 | - | ||
482 | - | ||
483 | - | ||
484 | - | ||
474 | + | (II) ON RECEIPT OF SUBSTAN TIATING EVIDENCE FRO M THE 2 | |
475 | + | DISTRICT COURT UNDER SUBPARAGR APH (I) OF THIS PARAGRAPH , THE AGENCY 3 | |
476 | + | MAY ISSUE A CITATION AS PROVIDED IN SUBSE CTION (F) OF THIS SECTION TO T HE 4 | |
477 | + | PERSON WHO THE EVIDE NCE INDICATES WAS OP ERATING THE MOTOR VEHICLE AT 5 | |
478 | + | THE TIME OF THE VIOL ATION. 6 | |
485 | 479 | ||
486 | - | (II) TO SATISFY THE EVIDEN TIARY BURDEN UNDER 9 | |
487 | - | PARAGRAPH (1)(II) OF THIS SUBSECTION , THE PERSON NAMED IN A CITATION 10 | |
488 | - | DESCRIBED UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH MA Y PROVIDE TO THE 11 | |
489 | - | DISTRICT COURT A LETTER , SWORN TO O R AFFIRMED BY THE PE RSON AND MAILED 12 | |
490 | - | BY CERTIFIED MAIL , RETURN RECEIPT REQUE STED, THAT: 13 | |
480 | + | (III) A CITATION ISSUED UNDE R SUBPARAGRAPH (II) OF THIS 7 | |
481 | + | PARAGRAPH SHALL BE M AILED NOT LATER THAN 2 WEEKS AFTER RECEIPT OF THE 8 | |
482 | + | EVIDENCE FROM THE DISTRICT COURT. 9 | |
491 | 483 | ||
492 | - | 1. STATES THAT THE PERSO N NAMED IN THE CITAT ION 14 | |
493 | - | WAS NOT OPERATING TH E MOTOR VEHICLE AT T HE TIME OF THE VIOLA TION; AND 15 | |
484 | + | (I) IF THE CIVIL PENALTY IS NOT PAID AND THE VIOLATION IS NOT 10 | |
485 | + | CONTESTED, THE ADMINISTRATION MAY RE FUSE TO REGISTER OR REREGISTER OR 11 | |
486 | + | MAY SUSPEND THE REGI STRATION OF THE MOTO R VEHICLE. 12 | |
494 | 487 | ||
495 | - | 2. PROVIDES THE NAME , ADDRESS, AND DRIVER ’S 16 | |
496 | - | LICENSE IDENTIFICATI ON NUMBER OF THE PER SON WHO WAS OPERATIN G THE 17 | |
497 | - | MOTOR VEHICLE AT THE TIME OF THE VIOLATIO N. 18 | |
488 | + | (J) A VIOLATION FOR WHICH A CIVIL PENALTY IS I MPOSED UNDER THIS 13 | |
489 | + | SECTION: 14 | |
498 | 490 | ||
499 | - | (5) (I) IF THE DISTRICT COURT FINDS THAT THE PERSON NAMED 19 | |
500 | - | IN THE CITATION WAS NOT OPERATING THE MO TOR VEHICLE AT THE T IME OF THE 20 | |
501 | - | VIOLATION O R RECEIVES EVIDENCE UNDER PARAGRAPH (4)(II)2 OF THIS 21 | |
502 | - | SUBSECTION IDENTIFYI NG THE PERSON DRIVIN G THE MOTOR VEHICLE AT THE TIME 22 | |
503 | - | OF THE VIOLATION, THE CLERK OF COURT S HALL PROVIDE TO THE AGENCY ISSUING 23 | |
504 | - | THE CITATION A COPY OF ANY EVIDENCE SUBS TANTIATING WHO WAS OPERATING 24 | |
505 | - | THE MOTOR VEHICLE AT THE TIME OF THE VIOL ATION. 25 | |
491 | + | (1) IS NOT A MOVING VIOLA TION FOR THE PURPOSE OF ASSESSING 15 | |
492 | + | POINTS UNDER § 16–402 OF THIS ARTICLE AND MAY NOT BE RECORDED BY THE 16 | |
493 | + | ADMINISTRATION ON THE DRIVING RECORD OF TH E OWNER OR DRIVER OF THE 17 | |
494 | + | MOTOR VEHICLE ; AND 18 | |
506 | 495 | ||
507 | - | (II) ON RECEIPT OF SUBSTAN TIATING EVIDENCE FRO M THE 26 | |
508 | - | DISTRICT COURT UNDER SUBPARAGR APH (I) OF THIS PARAGRAPH , THE AGENCY 27 | |
509 | - | MAY ISSUE A CITATION AS PROVIDED IN SUBSE CTION (F) OF THIS SECTION TO T HE 28 | |
510 | - | PERSON WHO THE EVIDE NCE INDICATES WAS OP ERATING THE MOTOR VE HICLE AT 29 | |
511 | - | THE TIME OF THE VIOL ATION. 30 | |
496 | + | (2) MAY NOT BE CONSIDERED IN THE PROVISION OF MOTOR VEHICLE 19 | |
497 | + | INSURANCE COVERAGE . 20 | |
512 | 498 | ||
513 | - | (III) A CITATION ISSUED UNDE R SUBPARAGRAPH (II) OF THIS 31 | |
514 | - | PARAGRAPH SHALL BE M AILED NOT LATER THAN 2 WEEKS AFTER RECEIPT OF THE 32 | |
515 | - | EVIDENCE FROM THE DISTRICT COURT. 33 | |
499 | + | (K) IN CONSULTATION WITH LAW ENFORCEMENT AGEN CIES, THE CHIEF 21 | |
500 | + | JUDGE OF THE DISTRICT COURT SHALL ADOPT PRO CEDURES FOR THE ISSU ANCE 22 | |
501 | + | OF CITATIONS, TRIALS FOR VIOLATION S, AND THE COLLECTION O F CIVIL PENALTIES 23 | |
502 | + | IMPOSED UNDER THIS S ECTION. 24 | |
516 | 503 | ||
517 | - | (I) IF THE CIVIL PENALTY IS NOT PAID AND THE VIOLATION IS NOT 34 | |
518 | - | CONTESTED, THE ADMINISTRATION MAY RE FUSE TO REGISTER OR REREGISTER OR 35 | |
519 | - | MAY SUSPEND THE REGI STRATION OF THE MOTO R VEHICLE. 36 12 HOUSE BILL 1226 | |
504 | + | (L) (1) AN AGENCY OR AN A GENT OR A CONTRACTOR DESIGNATED BY THE 25 | |
505 | + | AGENCY SHALL ADMINIS TER AND PROCESS CIVI L CITATIONS ISSUED U NDER THIS 26 | |
506 | + | SECTION IN COORDINAT ION WITH THE DISTRICT COURT. 27 | |
507 | + | ||
508 | + | (2) IF A CONTRACTOR IN AN Y MANNER OPERATES A STOP SIGN 28 | |
509 | + | MONITORING SYSTEM OR ADMINISTERS OR PROC ESSES CITATIONS GENE RATED BY 29 | |
510 | + | A STOP SIGN MONITORI NG SYSTEM ON BEHALF OF BALTIMORE CITY, THE 30 | |
511 | + | CONTRACTOR ’S FEE MAY NOT BE CON TINGENT ON A PER –TICKET BASIS ON THE 31 | |
512 | + | NUMBER OF CITATIONS ISSUED OR PAID. 32 | |
513 | + | 12 HOUSE BILL 1226 | |
520 | 514 | ||
521 | 515 | ||
516 | + | SECTION 4. AND BE IT FURTHER ENACTED, That, on or before D ecember 1, 1 | |
517 | + | 2026, the Baltimore City Department of Transportation shall report to the Governor and, 2 | |
518 | + | in accordance with § 2–1257 of the State Government Article, the General Assembly on: 3 | |
522 | 519 | ||
523 | - | (J) A VIOLATION FOR WHICH A CIVIL PENALTY IS I MPOSED UNDER THIS 1 | |
524 | - | SECTION: 2 | |
520 | + | (1) through October 1, 2026: 4 | |
525 | 521 | ||
526 | - | (1) IS NOT A MOVING VIOLA TION FOR THE PURPOSE OF ASSESSING 3 | |
527 | - | POINTS UNDER § 16–402 OF THIS ARTICLE AND MAY NOT BE RECORDED BY THE 4 | |
528 | - | ADMINISTRATION ON THE DRIVING RECORD OF TH E OWNER OR DRIVER OF THE 5 | |
529 | - | MOTOR VEHICLE ; AND 6 | |
522 | + | (i) the time period during which stop sign monitoring systems were 5 | |
523 | + | in use in the City; and 6 | |
530 | 524 | ||
531 | - | (2) MAY NOT BE CONSIDERED IN THE PROVISION OF M OTOR VEHICLE 7 | |
532 | - | INSURANCE COVERAGE . 8 | |
525 | + | (ii) the number of warnings and citations issued as a result of 7 | |
526 | + | violations recorded by a stop sign monitoring system in the City over the reported time 8 | |
527 | + | period, by location and date; 9 | |
533 | 528 | ||
534 | - | (K) IN CONSULTATION WITH LAW ENFORCEMENT AGEN CIES, THE CHIEF 9 | |
535 | - | JUDGE OF THE DISTRICT COURT SHALL ADOPT PRO CEDURES FOR THE ISSU ANCE 10 | |
536 | - | OF CITATIONS, TRIALS FOR VIOLATION S, AND THE COLLECTION O F CIVIL PENALTIES 11 | |
537 | - | IMPOSED UNDER THIS S ECTION. 12 | |
529 | + | (2) (i) the costs associated with implementing and operating stop sign 10 | |
530 | + | monitoring systems; and 11 | |
538 | 531 | ||
539 | - | (L) (1) AN AGENCY OR AN AGENT OR A CONTRACTOR DESI GNATED BY THE 13 | |
540 | - | AGENCY SHALL ADMINIS TER AND PROCESS CIVI L CITATIONS ISSUED U NDER THIS 14 | |
541 | - | SECTION IN COORDINAT ION WITH THE DISTRICT COURT. 15 | |
532 | + | (ii) the revenue collected on a monthly basis as a result of violations 12 | |
533 | + | recorded by stop sign monitoring systems; 13 | |
542 | 534 | ||
543 | - | (2) IF A CONTRACTOR IN AN Y MANNER OPERATES A ST OP SIGN 16 | |
544 | - | MONITORING SYSTEM OR ADMINISTERS OR PROCE SSES CITATIONS GENER ATED BY 17 | |
545 | - | A STOP SIGN MONITORI NG SYSTEM ON BEHALF OF BALTIMORE CITY, THE 18 | |
546 | - | CONTRACTOR ’S FEE MAY NOT BE CON TINGENT ON A PER –TICKET BASIS ON THE 19 | |
547 | - | NUMBER OF CITATIONS ISSUED OR PAID. 20 | |
535 | + | (3) appropriate locations for the deployment of stop sign monitoring 14 | |
536 | + | systems; 15 | |
548 | 537 | ||
549 | - | 21–707.1. 21 | |
538 | + | (4) the performance and reliability of stop sign monitoring systems used by 16 | |
539 | + | the City; and 17 | |
550 | 540 | ||
551 | - | (a) This section applies only in Prince George’s County, THE 45TH AND 46TH 22 | |
552 | - | LEGISLATIVE DISTRICTS IN BALTIMORE CITY, AND THE CITY OF TAKOMA PARK. 23 | |
541 | + | (5) the effectiveness of stop sign monitoring systems in reducing violations, 18 | |
542 | + | crashes, and pedestrian injuries in the City and in areas where the stop sign monitoring 19 | |
543 | + | systems were implemented and used. 20 | |
553 | 544 | ||
554 | - | (b) (1) In this section the following words have the meanings indicated. 24 | |
545 | + | SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 21 | |
546 | + | effect on the taking effect of the termination provision specified in Section 3 of Chapter 678 22 | |
547 | + | of the Acts of the General Assembly of 2024. If that termination provision takes effect, 23 | |
548 | + | Section 1 of this Act, with no further action required by the General Assembly, shall be 24 | |
549 | + | abrogated and of no further force and effect. This Act may not be interpreted to have any 25 | |
550 | + | effect on that termination provision. 26 | |
555 | 551 | ||
556 | - | (2) “Agency” means a law enforcement agency that is authorized to issue a 25 | |
557 | - | citation for a violation of the Maryland Vehicle Law or of local traffic laws or regulations. 26 | |
552 | + | SECTION 6. AND BE IT FURTHER ENACTED, That, subject to the provisions of 27 | |
553 | + | Section 5 of this Act, this Act shall take effect July 1, 2025. It shall remain effective for a 28 | |
554 | + | period of 5 years and, at the end of June 30, 2030, this Act, with no further action required 29 | |
555 | + | by the General Assembly, shall be abrogated and of no further force and effect. 30 | |
558 | 556 | ||
559 | - | (3) (i) “Owner” means the registered owner of a motor vehicle or lessee 27 | |
560 | - | of a motor vehicle under a lease of 6 months or more. 28 | |
561 | - | ||
562 | - | (ii) “Owner” does not include: 29 | |
563 | - | ||
564 | - | 1. A motor vehicle leasing company; or 30 | |
565 | - | HOUSE BILL 1226 13 | |
566 | - | ||
567 | - | ||
568 | - | 2. A holder of a special registration plate issued under Title 1 | |
569 | - | 13, Subtitle 9, Part III of this article. 2 | |
570 | - | ||
571 | - | (4) “Recorded image” means images recorded by a stop sign monitoring 3 | |
572 | - | system: 4 | |
573 | - | ||
574 | - | (i) On: 5 | |
575 | - | ||
576 | - | 1. Two or more photographs; 6 | |
577 | - | ||
578 | - | 2. Two or more microphotographs; 7 | |
579 | - | ||
580 | - | 3. Two or more electronic images; 8 | |
581 | - | ||
582 | - | 4. Videotape; or 9 | |
583 | - | ||
584 | - | 5. Any other medium; and 10 | |
585 | - | ||
586 | - | (ii) Showing a motor vehicle and, on at least one image or portion of 11 | |
587 | - | tape, clearly identifying the registration plate number of the motor vehicle. 12 | |
588 | - | ||
589 | - | (5) “Stop sign monitoring system” means a device designed to capture a 13 | |
590 | - | recorded image of a violation. 14 | |
591 | - | ||
592 | - | (6) (i) “Violation” means a failure to come to a complete stop at a stop 15 | |
593 | - | sign in violation of § 21–707 of this subtitle. 16 | |
594 | - | ||
595 | - | (ii) “Violation” does not include any action a driver is instructed to 17 | |
596 | - | take by a police officer. 18 | |
597 | - | ||
598 | - | (c) (1) Subject to paragraphs (2) through (5) of this subsection, an agency may 19 | |
599 | - | use stop sign monitoring systems: 20 | |
600 | - | ||
601 | - | (i) On highways located in a school zone maintained by a local 21 | |
602 | - | jurisdiction, if authorized by the governing body of the local jurisdiction; or 22 | |
603 | - | ||
604 | - | (ii) On State highways located in a school zone, if authorized by the 23 | |
605 | - | State Highway Administration. 24 | |
606 | - | ||
607 | - | (2) A stop sign monitoring system: 25 | |
608 | - | ||
609 | - | (i) May not be used in a local jurisdiction under this section unless 26 | |
610 | - | its use is authorized by the governing body of the local jurisdiction by local law enacted 27 | |
611 | - | after reasonable notice and a public hearing; and 28 | |
612 | - | ||
613 | - | (ii) [May] IN PRINCE GEORGE’S COUNTY, MAY only be used at a 29 | |
614 | - | location approved by the Prince George’s County Council. 30 14 HOUSE BILL 1226 | |
615 | - | ||
616 | - | ||
617 | - | ||
618 | - | (3) [The county] PRINCE GEORGE’S COUNTY shall prioritize the 1 | |
619 | - | placement of stop sign monitoring systems within municipalities that have high violation 2 | |
620 | - | rates. 3 | |
621 | - | ||
622 | - | (4) Before beginning use of stop sign monitoring systems, an agency shall 4 | |
623 | - | publish notice that the agency has adopted the use of stop sign monitoring systems on its 5 | |
624 | - | website and, IN BALTIMORE CITY AND PRINCE GEORGE’S COUNTY ONLY , in a 6 | |
625 | - | newspaper of general circulation in the jurisdiction in which the stop sign monitoring 7 | |
626 | - | system will be used. 8 | |
627 | - | ||
628 | - | (5) (i) [The county] A LOCAL JURISDICTION T HAT IMPLEMENTS A 9 | |
629 | - | STOP SIGN MONITORING SYSTEM shall prominently place signs on highways within the 10 | |
630 | - | [county] LOCAL JURISDICTION providing notice that stop sign monitoring systems are 11 | |
631 | - | used in the [county] LOCAL JURISDICTION . 12 | |
632 | - | ||
633 | - | (ii) The State Highway Administration shall place signs prominently 13 | |
634 | - | providing notice that stop sign monitoring systems are in use on State highways. 14 | |
635 | - | ||
636 | - | (d) A recorded image under this section indicating that the driver of a motor 15 | |
637 | - | vehicle has committed a violation shall include: 16 | |
638 | - | ||
639 | - | (1) The time and date of the violation; and 17 | |
640 | - | ||
641 | - | (2) To the extent possible, the location of the violation. 18 | |
642 | - | ||
643 | - | (e) (1) Unless the driver of the motor vehicle received a citation from a police 19 | |
644 | - | officer at the time of the violation, the owner or, in accordance with subsection (f)(3) or (h)(4) 20 | |
645 | - | or (5) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor 21 | |
646 | - | vehicle is recorded by a stop sign monitoring system during the commission of a violation. 22 | |
647 | - | ||
648 | - | (2) A civil penalty under this subsection may not exceed $40. 23 | |
649 | - | ||
650 | - | (3) For purposes of this section, the District Court shall prescribe: 24 | |
651 | - | ||
652 | - | (i) A uniform citation form consistent with subsection (f)(1) of this 25 | |
653 | - | section and § 7–302 of the Courts Article; and 26 | |
654 | - | ||
655 | - | (ii) A civil penalty, which shall be indicated on the citation, to be paid 27 | |
656 | - | by persons who choose to prepay the civil penalty without appearing in District Court. 28 | |
657 | - | ||
658 | - | (f) (1) Subject to the provisions of paragraphs (2) through (5) of this 29 | |
659 | - | subsection, an agency shall mail to the owner liable under subsection (e) of this section a 30 | |
660 | - | citation that shall include: 31 | |
661 | - | ||
662 | - | (i) The name and address of the registered owner of the vehicle; 32 HOUSE BILL 1226 15 | |
663 | - | ||
664 | - | ||
665 | - | ||
666 | - | (ii) The registration PLATE number of the motor vehicle involved in 1 | |
667 | - | the violation; 2 | |
668 | - | ||
669 | - | (iii) The violation charged; 3 | |
670 | - | ||
671 | - | (iv) To the extent possible, the location of the violation; 4 | |
672 | - | ||
673 | - | (v) The date and time of the violation; 5 | |
674 | - | ||
675 | - | (vi) A copy of the recorded image; 6 | |
676 | - | ||
677 | - | (vii) The amount of the civil penalty imposed and the date by which 7 | |
678 | - | the civil penalty must be paid; 8 | |
679 | - | ||
680 | - | (viii) A signed statement by a technician employed by the agency that, 9 | |
681 | - | based on the inspection of the recorded image, the motor vehicle was being operated during 10 | |
682 | - | the commission of a violation; 11 | |
683 | - | ||
684 | - | (ix) A statement that the recorded image is evidence of a violation; 12 | |
685 | - | and 13 | |
686 | - | ||
687 | - | (x) Information advising the person alleged to be liable under this 14 | |
688 | - | section: 15 | |
689 | - | ||
690 | - | 1. Of the manner and time in which liability as alleged in the 16 | |
691 | - | citation may be contested in the District Court; and 17 | |
692 | - | ||
693 | - | 2. That failure to pay the civil penalty or to contest liability 18 | |
694 | - | in a timely manner is an admission of liability and may result in refusal or suspension of 19 | |
695 | - | the motor vehicle registration. 20 | |
696 | - | ||
697 | - | (2) The agency may mail a warning notice in place of a citation to the owner 21 | |
698 | - | liable under subsection (e) of this section. 22 | |
699 | - | ||
700 | - | (3) (i) Before mailing a citation to a motor vehicle rental company liable 23 | |
701 | - | under subsection (e) of this section, an agency shall mail a notice to the motor vehicle rental 24 | |
702 | - | company stating that a citation will be mailed to the motor vehicle rental company unless, 25 | |
703 | - | within 45 days after receiving the notice, the motor vehicle rental company provides the 26 | |
704 | - | agency with: 27 | |
705 | - | ||
706 | - | 1. A statement made under oath that states the name and 28 | |
707 | - | last known mailing address of the individual driving or renting the motor vehicle when the 29 | |
708 | - | violation occurred; 30 | |
709 | - | ||
710 | - | 2. A. A statement made under oath that states that the 31 | |
711 | - | motor vehicle rental company is unable to determine who was driving the vehicle at the 32 16 HOUSE BILL 1226 | |
712 | - | ||
713 | - | ||
714 | - | time the violation occurred because the motor vehicle was stolen at the time of the violation; 1 | |
715 | - | and 2 | |
716 | - | ||
717 | - | B. A copy of the police report associated with the motor 3 | |
718 | - | vehicle theft claimed under item A of this item; or 4 | |
719 | - | ||
720 | - | 3. Payment for the penalty associated with the violation. 5 | |
721 | - | ||
722 | - | (ii) An agency may not mail a citation to a motor vehicle rental 6 | |
723 | - | company liable under subsection (e) of this section if the motor vehicle rental company 7 | |
724 | - | complies with subparagraph (i) of this paragraph. 8 | |
725 | - | ||
726 | - | (4) Except as provided in paragraph (3) of this subsection and subsection 9 | |
727 | - | (h)(4) and (5) of this section, a citation issued under this section shall be mailed not later 10 | |
728 | - | than 2 weeks after the alleged violation. 11 | |
729 | - | ||
730 | - | (5) A person who receives a citation under paragraph (1) of this subsection 12 | |
731 | - | may: 13 | |
732 | - | ||
733 | - | (i) Pay the civil penalty in accordance with instructions on the 14 | |
734 | - | citation; or 15 | |
735 | - | ||
736 | - | (ii) Elect to stand trial for the alleged violation. 16 | |
737 | - | ||
738 | - | (g) (1) A certificate alleging that a violation occurred, sworn to or affirmed by 17 | |
739 | - | a duly authorized law enforcement officer employed by or under contract with an agency, 18 | |
740 | - | based on the inspection of a recorded image, shall be evidence of the facts contained in the 19 | |
741 | - | certificate and shall be admissible in any proceeding concerning the alleged violation. 20 | |
742 | - | ||
743 | - | (2) Adjudication of liability shall be based on preponderance of the 21 | |
744 | - | evidence. 22 | |
745 | - | ||
746 | - | (h) (1) The District Court may consider in defense of a violation: 23 | |
747 | - | ||
748 | - | (i) Subject to paragraph (2) of this subsection, that the motor vehicle 24 | |
749 | - | or registration plates of the motor vehicle were stolen before the violation occurred and 25 | |
750 | - | were not under the control or possession of the owner at the time of the violation; 26 | |
751 | - | ||
752 | - | (ii) Subject to paragraph (3) of this subsection, evidence that the 27 | |
753 | - | person named in the citation was not operating the vehicle at the time of the violation; and 28 | |
754 | - | ||
755 | - | (iii) Any other issues and evidence that the District Court considers 29 | |
756 | - | pertinent. 30 | |
757 | - | ||
758 | - | (2) To demonstrate that the motor vehicle or the registration plates were 31 | |
759 | - | stolen before the violation occurred and were not under the control or possession of the 32 HOUSE BILL 1226 17 | |
760 | - | ||
761 | - | ||
762 | - | owner at the time of the violation, the owner must submit proof that a police report about 1 | |
763 | - | the stolen motor vehicle or registration plates was filed in a timely manner. 2 | |
764 | - | ||
765 | - | (3) To satisfy the evidentiary burden under paragraph (1)(ii) of this 3 | |
766 | - | subsection, the person named in the citation shall provide to the District Court evidence to 4 | |
767 | - | the satisfaction of the District Court of who was operating the vehicle at the time of the 5 | |
768 | - | violation, including, at a minimum, the operator’s name and current address. 6 | |
769 | - | ||
770 | - | (4) (i) The provisions of this paragraph apply only to a citation that 7 | |
771 | - | involves a Class E (truck) vehicle with a registered gross weight of 26,001 pounds or more, 8 | |
772 | - | Class F (tractor) vehicle, Class G (trailer) vehicle operated in combination with a Class F 9 | |
773 | - | (tractor) vehicle, or Class P (passenger bus) vehicle. 10 | |
774 | - | ||
775 | - | (ii) To satisfy the evidentiary burden under paragraph (1)(ii) of this 11 | |
776 | - | subsection, the person named in a citation described under subparagraph (i) of this 12 | |
777 | - | paragraph may provide to the District Court a letter, sworn to or affirmed by the person 13 | |
778 | - | and mailed by certified mail, return receipt requested, that: 14 | |
779 | - | ||
780 | - | 1. States that the person named in the citation was not 15 | |
781 | - | operating the vehicle at the time of the violation; and 16 | |
782 | - | ||
783 | - | 2. Provides the name, address, and driver’s license 17 | |
784 | - | identification number of the person who was operating the vehicle at the time of the 18 | |
785 | - | violation. 19 | |
786 | - | ||
787 | - | (5) (i) If the District Court finds that the person named in the citation 20 | |
788 | - | was not operating the vehicle at the time of the violation or receives evidence under 21 | |
789 | - | paragraph (4)(ii)2 of this subsection identifying the person driving the vehicle at the time 22 | |
790 | - | of the violation, the clerk of court shall provide to the agency issuing the citation a copy of 23 | |
791 | - | any evidence substantiating who was operating the vehicle at the time of the violation. 24 | |
792 | - | ||
793 | - | (ii) On receipt of substantiating evidence from the District Court 25 | |
794 | - | under subparagraph (i) of this paragraph, the agency may issue a citation as provided in 26 | |
795 | - | subsection (f) of this section to the person who the evidence indicates was operating the 27 | |
796 | - | vehicle at the time of the violation. 28 | |
797 | - | ||
798 | - | (iii) A citation issued under subparagraph (ii) of this paragraph shall 29 | |
799 | - | be mailed not later than 2 weeks after receipt of the evidence from the District Court. 30 | |
800 | - | ||
801 | - | (i) If the civil penalty is not paid and the violation is not contested, the 31 | |
802 | - | Administration may refuse to register or reregister or may suspend the registration of the 32 | |
803 | - | motor vehicle. 33 | |
804 | - | ||
805 | - | (j) A violation for which a civil penalty is imposed under this section: 34 | |
806 | - | 18 HOUSE BILL 1226 | |
807 | - | ||
808 | - | ||
809 | - | (1) Is not a moving violation for the purpose of assessing points under § 1 | |
810 | - | 16–402 of this article and may not be recorded by the Administration on the driving record 2 | |
811 | - | of the owner or driver of the vehicle; and 3 | |
812 | - | ||
813 | - | (2) May not be considered in the provision of motor vehicle insurance 4 | |
814 | - | coverage. 5 | |
815 | - | ||
816 | - | (k) In consultation with law enforcement agencies, the Chief Judge of the District 6 | |
817 | - | Court shall adopt procedures for the issuance of citations, trials for violations, and the 7 | |
818 | - | collection of civil penalties imposed under this section. 8 | |
819 | - | ||
820 | - | (l) (1) An agency or an agent or a contractor designated by the agency shall 9 | |
821 | - | administer and process civil citations issued under this section in coordination with the 10 | |
822 | - | District Court. 11 | |
823 | - | ||
824 | - | (2) If a contractor in any manner operates a stop sign monitoring system 12 | |
825 | - | or administers or processes citations generated by a STOP SIGN monitoring system on 13 | |
826 | - | behalf of a local jurisdiction, the contractor’s fee may not be contingent on a per–ticket basis 14 | |
827 | - | on the number of citations issued or paid. 15 | |
828 | - | ||
829 | - | SECTION 4. 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 16 | |
830 | - | 2026 2027, the Baltimore City Department of Transportation shall and the City of Takoma 17 | |
831 | - | Park, respectively, shall each report to the Governor and, in accordance with § 2–1257 of 18 | |
832 | - | the State Government Article, the General Assembly on: 19 | |
833 | - | ||
834 | - | (1) through October 1, 2026 2027: 20 | |
835 | - | ||
836 | - | (i) the time period during which stop sign monitoring systems were 21 | |
837 | - | in use in the City local jurisdiction; and 22 | |
838 | - | ||
839 | - | (ii) the number of warnings and citations issued as a result of 23 | |
840 | - | violations recorded by a stop sign monitoring system in the City local jurisdiction over the 24 | |
841 | - | reported time period, by location and date; 25 | |
842 | - | ||
843 | - | (2) (i) the costs associated with implementing and operating stop sign 26 | |
844 | - | monitoring systems; and 27 | |
845 | - | ||
846 | - | (ii) the revenue collected on a monthly basis as a result of violations 28 | |
847 | - | recorded by stop sign monitoring systems; 29 | |
848 | - | ||
849 | - | (3) appropriate locations for the deployment of stop sign monitoring 30 | |
850 | - | systems; 31 | |
851 | - | ||
852 | - | (4) the performance and reliability of stop sign monitoring systems used by 32 | |
853 | - | the City local jurisdiction; and 33 | |
854 | - | HOUSE BILL 1226 19 | |
855 | - | ||
856 | - | ||
857 | - | (5) the effectiveness of stop sign monitoring systems in reducing violations, 1 | |
858 | - | crashes, and pedestrian injuries in the City local jurisdiction and in areas where the stop 2 | |
859 | - | sign monitoring systems were implemented and used. 3 | |
860 | - | ||
861 | - | SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 4 | |
862 | - | effect on the taking effect of the termination provision specified in Section 3 of Chapter 678 5 | |
863 | - | of the Acts of the General Assembly of 2024. If that termination provision takes effect, 6 | |
864 | - | Section 1 of this Act, with no further action required by the General Assembly, shall be 7 | |
865 | - | abrogated and of no further force and effect. This Act may not be interpreted to have any 8 | |
866 | - | effect on that termination provision. 9 | |
867 | - | ||
868 | - | SECTION 6. 3. AND BE IT FURTHER ENACTED, That , subject to the provisions 10 | |
869 | - | of Section 5 of this Act, this Act shall take effect July 1, 2025. It shall remain effective for 11 | |
870 | - | a period of 5 4 years and, at the end of June 30, 2030 2029, this Act, with no further action 12 | |
871 | - | required by the General Assembly, shall be abrogated and of no further force and effect. 13 | |
872 | - | ||
873 | - | ||
874 | - | ||
875 | - | Approved: | |
876 | - | ________________________________________________________________________________ | |
877 | - | Governor. | |
878 | - | ________________________________________________________________________________ | |
879 | - | Speaker of the House of Delegates. | |
880 | - | ________________________________________________________________________________ | |
881 | - | President of the Senate. |