Maryland 2025 Regular Session

Maryland House Bill HB206 Compare Versions

Only one version of the bill is available at this time.

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	5	hb0206
6	6
7	7	HOUSE BILL 206
8	8	R5 5lr1119
9	9	(PRE–FILED)
10	10	By: Delegate R. Lewis
11	11	Requested: October 4, 2024
12	12	Introduced and read first time: January 8, 2025
13	13	Assigned to: Environment and Transportation
14	14
15	15	A BILL ENTITLED
16	16
17	17	AN ACT concerning 1
18	18
19	19	Vehicle Laws – Bus Obstruction Monitoring Systems and Bus Stop Zones 2
20	20
21	21	FOR the purpose of replacing references to a bus lane monitoring system with references 3
22	22	to a bus obstruction monitoring system; prohibiting a person from stopping, 4
23	23	standing, or parking a vehicle in a bus stop zone; clarifying that a person may not 5
24	24	stop a vehicle in a dedicated bus lane; and generally relating to bus stop zone 6
25	25	enforcement. 7
26	26
27	27	BY repealing and reenacting, with amendments, 8
28	28	Article – Courts and Judicial Proceedings 9
29	29	Section 7–302(e)(2) and 10–311(e) and (h) 10
30	30	Annotated Code of Maryland 11
31	31	(2020 Replacement Volume and 2024 Supplement) 12
32	32
33	33	BY repealing and reenacting, without amendments, 13
34	34	Article – Transportation 14
35	35	Section 21–1003(a) and 21–1133(b) 15
36	36	Annotated Code of Maryland 16
37	37	(2020 Replacement Volume and 2024 Supplement) 17
38	38
39	39	BY adding to 18
40	40	Article – Transportation 19
41	41	Section 21–1003(gg) 20
42	42	Annotated Code of Maryland 21
43	43	(2020 Replacement Volume and 2024 Supplement) 22
44	44
45	45	BY repealing and reenacting, with amendments, 23
46	46	Article – Transportation 24
47	47	Section 21–1133(a) and 21–1134 25
48	48	Annotated Code of Maryland 26 2 HOUSE BILL 206
49	49
50	50
51	51	(2020 Replacement Volume and 2024 Supplement) 1
52	52
53	53	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
54	54	That the Laws of Maryland read as follows: 3
55	55
56	56	Article – Courts and Judicial Proceedings 4
57	57
58	58	7–302. 5
59	59
60	60	(e) (2) (i) A citation issued as the result of a vehicle height monitoring 6
61	61	system, a traffic control signal monitoring system, a speed monitoring system, a work zone 7
62	62	speed control system or a stop sign monitoring system controlled by a political subdivision, 8
63	63	a school bus monitoring camera, a bus [lane] OBSTRUCTION monitoring system, or a noise 9
64	64	abatement monitoring system shall provide that, in an uncontested case, the penalty shall 10
65	65	be paid directly to that political subdivision. 11
66	66
67	67	(ii) A citation issued as the result of a traffic control signal 12
68	68	monitoring system or a work zone speed control system controlled by a State agency, or as 13
69	69	a result of a vehicle height monitoring system, a traffic control signal monitoring system, a 14
70	70	speed monitoring system, a stop sign monitoring system, a school bus monitoring camera, 15
71	71	a bus [lane] OBSTRUCTION monitoring system, or a noise abatement monitoring system 16
72	72	in a case contested in District Court, shall provide that the penalty shall be paid directly to 17
73	73	the District Court. 18
74	74
75	75	10–311. 19
76	76
77	77	(e) A recorded image of a motor vehicle produced by a bus [lane] OBSTRUCTION 20
78	78	monitoring system in accordance with § 21–1134 of the Transportation Article is admissible 21
79	79	in a proceeding concerning a civil citation issued under that section for a violation of § 22
80	80	21–1133 OR § 21–1003(GG) of the Transportation Article without authentication. 23
81	81
82	82	(h) In any other judicial proceeding, a recorded image produced by a vehicle 24
83	83	height monitoring system, traffic control signal monitoring system, speed monitoring 25
84	84	system, work zone speed control system, stop sign monitoring system, school bus 26
85	85	monitoring camera, or bus [lane] OBSTRUCTION monitoring system or a recorded image 27
86	86	and any relevant recorded audio produced by a noise abatement monitoring system in 28
87	87	conjunction with a noise measuring device is admissible as otherwise provided by law. 29
88	88
89	89	Article – Transportation 30
90	90
91	91	21–1003. 31
92	92
93	93	(a) The provisions of this section apply except as necessary to avoid conflict with 32
94	94	other traffic or in compliance with law or the directions of a police officer or traffic control 33
95	95	device. 34
96	96	HOUSE BILL 206 3
97	97
98	98
99	99	(GG) A PERSON MAY NOT STOP, STAND, OR PARK A VEHICLE IN A BUS STOP 1
100	100	ZONE. 2
101	101
102	102	21–1133. 3
103	103
104	104	(a) Except as provided in subsection (b) of this section, a person may not drive, 4
105	105	STOP, stand, or park a vehicle in a dedicated bus lane unless authorized by the local 5
106	106	jurisdiction in which the dedicated bus lane is located. 6
107	107
108	108	(b) The following vehicles may be driven, allowed to stand, or, as appropriate, 7
109	109	parked in a dedicated bus lane: 8
110	110
111	111	(1) A transit vehicle owned, operated, or contracted for by the Maryland 9
112	112	Transit Administration, the Washington Metropolitan Area Transit Authority, or a local 10
113	113	department of transportation; 11
114	114
115	115	(2) A school bus; 12
116	116
117	117	(3) A bicycle; 13
118	118
119	119	(4) An emergency vehicle; and 14
120	120
121	121	(5) A vehicle making a right turn at the next immediate intersection. 15
122	122
123	123	21–1134. 16
124	124
125	125	(a) (1) In this section the following words have the meanings indicated. 17
126	126
127	127	(2) “Agency” means: 18
128	128
129	129	(i) A law enforcement agency of the State or a local political 19
130	130	subdivision that is authorized to issue a citation for a violation of the Maryland Vehicle 20
131	131	Law or of local traffic laws or regulations; 21
132	132
133	133	(ii) For a municipal corporation that does not maintain a police force, 22
134	134	an agency established or designated by the municipal corporation to use bus [lane] 23
135	135	OBSTRUCTION monitoring systems in accordance with this section; or 24
136	136
137	137	(iii) A local, regional, or statewide transit agency or authority, 25
138	138	including the Maryland Transit Administration and the Washington Metropolitan Area 26
139	139	Transit Authority. 27
140	140
141	141	(3) “Bus [lane] OBSTRUCTION monitoring system” means an enforcement 28
142	142	system, including an onboard or fixed monitoring system, that is designed to capture a 29
143	143	recorded image of a motor vehicle during the commission of a violation. 30
144	144	4 HOUSE BILL 206
145	145
146	146
147	147	(4) “Bus [lane] OBSTRUCTION monitoring system operator” means a 1
148	148	representative of an agency or a contractor that operates a bus [lane] OBSTRUCTION 2
149	149	monitoring system. 3
150	150
151	151	(5) (i) “Owner” means the registered owner of a motor vehicle or a 4
152	152	lessee of a motor vehicle under a lease of 6 months or more. 5
153	153
154	154	(ii) “Owner” does not include: 6
155	155
156	156	1. A motor vehicle leasing company; or 7
157	157
158	158	2. A holder of a special registration plate issued under Title 8
159	159	13, Subtitle 9, Part III of this article. 9
160	160
161	161	(6) “Recorded image” means an image r ecorded by a bus [lane] 10
162	162	OBSTRUCTION monitoring system: 11
163	163
164	164	(i) On: 12
165	165
166	166	1. A photograph; 13
167	167
168	168	2. A microphotograph; 14
169	169
170	170	3. An electronic image; 15
171	171
172	172	4. Videotape; or 16
173	173
174	174	5. Any other visual medium; and 17
175	175
176	176	(ii) Showing a motor vehicle and, on at least one image or portion of 18
177	177	the recording, clearly identifying the registration plate number of the motor vehicle. 19
178	178
179	179	(7) “Violation” means a violation of: 20
180	180
181	181	(I) § 21–1133 of this subtitle; OR 21
182	182
183	183	(II) § 21–1003(GG) OF THIS TITLE. 22
184	184
185	185	(b) (1) An agency may use a bus [lane] OBSTRUCTION monitoring system that 23
186	186	meets the requirements of this subsection to record the images of motor vehicles during the 24
187	187	commission of a violation. 25
188	188
189	189	(2) A bus [lane] OBSTRUCTION monitoring system may be used only: 26
190	190
191	191	(i) When being operated by a bus [lane] OBSTRUCTION monitoring 27
192	192	system operator; 28 HOUSE BILL 206 5
193	193
194	194
195	195
196	196	(ii) If, in accordance with the Maryland Manual on Uniform Traffic 1
197	197	Control Devices: 2
198	198
199	199	1. A conspicuous road sign is placed at a reasonable distance 3
200	200	consistent with national guidelines alerting drivers that a bus [lane] OBSTRUCTION 4
201	201	monitoring system may be in operation in the bus lane; or 5
202	202
203	203	2. A conspicuous sign is affixed to the transit vehicle alerting 6
204	204	drivers that the vehicle is equipped with a bus [lane] OBSTRUCTION monitoring system; 7
205	205	and 8
206	206
207	207	(iii) If the system produces video for each alleged violation that allows 9
208	208	for the differentiation between a vehicle that is driving, standing, or parked in a dedicated 10
209	209	bus lane in violation of § 21–1133 of this subtitle and a vehicle that is lawfully stopped or 11
210	210	moving in order to execute a right turn at an intersection. 12
211	211
212	212	(3) (i) A bus [lane] OBSTRUCTION monitoring system may retain only 13
213	213	the images of vehicles that contain evidence of a violation. 14
214	214
215	215	(ii) Recorded images from a bus [lane] OBSTRUCTION monitoring 15
216	216	system: 16
217	217
218	218	1. That contain evidence of a violation may be retained for 17
219	219	up to 6 months or 60 days after final disposition of the citation, whichever is later; 18
220	220
221	221	2. That do not contain evidence of a violation shall be 19
222	222	destroyed within 15 days after the recorded images were first captured; and 20
223	223
224	224	3. May not be used for any purpose other than as evidence of 21
225	225	a violation without a warrant, subpoena, or court order. 22
226	226
227	227	(iii) A bus [lane] OBSTRUCTION monitoring system may not use 23
228	228	biometric identification techniques, including facial recognition technology. 24
229	229
230	230	(c) (1) (i) A bus [lane] OBSTRUCTION monitoring system operator shall 25
231	231	complete training by the manufacturer of the bus [lane] OBSTRUCTION monitoring system 26
232	232	in the procedures for setting up, testing, and operating the bus [lane] OBSTRUCTION 27
233	233	monitoring system. 28
234	234
235	235	(ii) On completion of the training, the manufacturer shall issue a 29
236	236	signed certificate to the bus [lane] OBSTRUCTION monitoring system operator. 30
237	237
238	238	(iii) The certificate of training shall be admitted as evidence in any 31
239	239	court proceeding for a violation. 32
240	240	6 HOUSE BILL 206
241	241
242	242
243	243	(2) A bus [lane] OBSTRUCTION monitoring system operator shall fill out 1
244	244	and sign a daily set–up log for each bus [lane] OBSTRUCTION monitoring system that: 2
245	245
246	246	(i) States the date and time when the system was set up; 3
247	247
248	248	(ii) States that the bus [lane] OBSTRUCTION monitoring system 4
249	249	operator successfully performed, and the device passed, the manufacturer–specified 5
250	250	self–tests of the bus [lane] OBSTRUCTIO N monitoring system before producing a recorded 6
251	251	image; 7
252	252
253	253	(iii) Shall be kept on file; and 8
254	254
255	255	(iv) Shall be admitted as evidence in any court proceeding for a 9
256	256	violation. 10
257	257
258	258	(d) (1) A bus [lane] OBSTRUCTION monitoring system shall undergo an 11
259	259	annual calibration check performed by an independent calibration laboratory. 12
260	260
261	261	(2) The independent calibration laboratory shall issue a signed certificate 13
262	262	of calibration after the annual calibration check that: 14
263	263
264	264	(i) Shall be kept on file; and 15
265	265
266	266	(ii) Shall be admitted as evidence in any court proceeding for a 16
267	267	violation of § 21–1133 of this subtitle. 17
268	268
269	269	(e) (1) Unless the driver of the motor vehicle received a citation from a police 18
270	270	officer at the time of the violation, the owner or, in accordance with subsection (h)(5) of this 19
271	271	section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is 20
272	272	recorded by a bus [lane] OBSTRUCTION monitoring system during the commission of a 21
273	273	violation. 22
274	274
275	275	(2) A civil penalty under this section may not exceed $75. 23
276	276
277	277	(3) For purposes of this section, the District Court shall prescribe: 24
278	278
279	279	(i) A uniform citation form consistent with subsection (f)(1) of this 25
280	280	section and § 7–302 of the Courts Article; and 26
281	281
282	282	(ii) A civil penalty, which shall be indicated on the citation, to be paid 27
283	283	by persons who choose to prepay the civil penalty without appearing in District Court. 28
284	284
285	285	(f) (1) Subject to the provisions of paragraphs (2) through (5) of this 29
286	286	subsection, an agency or a contractor of the agency shall mail to the owner liable under 30
287	287	subsection (e) of this section a citation that shall include: 31
288	288	HOUSE BILL 206 7
289	289
290	290
291	291	(i) The name and address of the registered owner of the vehicle; 1
292	292
293	293	(ii) The registration number of the motor vehicle involved in the 2
294	294	violation; 3
295	295
296	296	(iii) The violation charged; 4
297	297
298	298	(iv) To the extent possible, the location of the violation; 5
299	299
300	300	(v) The date and time of the violation; 6
301	301
302	302	(vi) A copy of the recorded image; 7
303	303
304	304	(vii) The amount of the civil penalty imposed and the date by which 8
305	305	the civil penalty must be paid; 9
306	306
307	307	(viii) A signed statement by a police officer employed by the local law 10
308	308	enforcement agency that, based on inspection of the recorded images, the motor vehicle was 11
309	309	being operated during the commission of a violation; 12
310	310
311	311	(ix) A statement that the recorded image is evidence of a violation; 13
312	312	and 14
313	313
314	314	(x) Information advising the person alleged to be liable under this 15
315	315	section: 16
316	316
317	317	1. Of the manner and time in which liability as alleged in the 17
318	318	citation may be contested in the District Court; and 18
319	319
320	320	2. That failure to pay the civil penalty or to contest liability 19
321	321	in a timely manner is an admission of liability and may result in refusal or suspension of 20
322	322	the motor vehicle registration. 21
323	323
324	324	(2) (i) Subject to subparagraph (ii) of this paragraph, an agency may 22
325	325	mail a warning notice in place of a citation to the owner liable under subsection (e) of this 23
326	326	section. 24
327	327
328	328	(ii) An agency shall mail a warning notice in place of a citation to an 25
329	329	owner liable under subsection (e) of this section for a violation recorded by a bus [lane] 26
330	330	OBSTRUCTION monitoring system during the first 45 days that the bus [lane] 27
331	331	OBSTRUCTI ON monitoring system is in operation. 28
332	332
333	333	(3) (i) Before mailing a citation to a motor vehicle rental company liable 29
334	334	under subsection (e) of this section, an agency shall mail a notice to the motor vehicle rental 30
335	335	company stating that a citation will be mailed to the motor vehicle rental company unless, 31
336	336	within 45 days after receiving the notice, the motor vehicle rental company provides the 32
337	337	agency with: 33 8 HOUSE BILL 206
338	338
339	339
340	340
341	341	1. A statement made under oath that states the name and 1
342	342	last known mailing address of the individual driving or renting the motor vehicle when the 2
343	343	violation occurred; 3
344	344
345	345	2. A. A statement made under oath that states that the 4
346	346	motor vehicle rental company is unable to determine who was driving or renting the vehicle 5
347	347	at the time the violation occurred because the motor vehicle was stolen at the time of the 6
348	348	violation; and 7
349	349
350	350	B. A copy of the police report associated with the motor 8
351	351	vehicle theft claimed under item A of this item; or 9
352	352
353	353	3. Payment for the penalty associated with the violation. 10
354	354
355	355	(ii) An agency may not mail a citation to a motor vehicle rental 11
356	356	company liable under subsection (e) of this section if the motor vehicle rental company 12
357	357	complies with subparagraph (i) of this paragraph. 13
358	358
359	359	(4) Except as provided in paragraph (3) of this subsection and subsection 14
360	360	(h)(5) of this section, a citation issued under this section shall be mailed not later than 2 15
361	361	weeks after the alleged violation. 16
362	362
363	363	(5) A person who receives a citation under paragraph (1) of this subsection 17
364	364	may: 18
365	365
366	366	(i) Pay the civil penalty, in accordance with instructions on the 19
367	367	citation, directly to the local jurisdiction; or 20
368	368
369	369	(ii) Elect to stand trial in the District Court for the alleged violation. 21
370	370
371	371	(6) To mail the citation or warning notice, the Baltimore City Police 22
372	372	Department or a contractor of the police department shall use: 23
373	373
374	374	(i) The current mailing address on file with the Administration; or 24
375	375
376	376	(ii) If a mailing address is unavailable, the current residential 25
377	377	address on file with the Administration. 26
378	378
379	379	(g) (1) (i) A certificate alleging that a violation occurred, sworn to or 27
380	380	affirmed by a duly authorized law enforcement officer employed or under contract with an 28
381	381	agency, based on inspection of a recorded image produced by a bus [lane] OBSTRUCTION 29
382	382	monitoring system, shall be evidence of the facts contained in the certificate and shall be 30
383	383	admissible in any proceeding concerning the alleged violation without the presence or 31
384	384	testimony of the bus [lane] OBSTRUCTION monitoring system operator who performed the 32
385	385	requirements under subsection (c) of this section. 33
386	386	HOUSE BILL 206 9
387	387
388	388
389	389	(ii) If a person who received a citation under this section desires a 1
390	390	bus [lane] OBSTRUCTION monitoring system operator to be present and testify at trial, 2
391	391	the person shall notify the court and the agency in writing not later than 20 days before 3
392	392	trial. 4
393	393
394	394	(iii) 1. On request of a person who received a citation under this 5
395	395	section, video of the alleged violation shall be made available to the person. 6
396	396
397	397	2. Video evidence made available under subsubparagraph 1 7
398	398	of this subparagraph shall be admitted as evidence in any court proceeding for a violation 8
399	399	of § 21–1133 of this subtitle. 9
400	400
401	401	(2) Adjudication of liability shall be based on a preponderance of evidence. 10
402	402
403	403	(h) (1) The District Court may consider in defense of an alleged violation: 11
404	404
405	405	(i) Subject to paragraph (2) of this subsection, that the motor vehicle 12
406	406	or registration plates of the motor vehicle were stolen before the violation occurred and 13
407	407	were not under the control or in the possession of the owner at the time of the violation; 14
408	408
409	409	(ii) Subject to paragraph (3) of this subsection, evidence that the 15
410	410	person named in the citation was not operating the vehicle at the time of the violation; and 16
411	411
412	412	(iii) Any other issues and evidence that the District Court deems 17
413	413	relevant. 18
414	414
415	415	(2) To demonstrate that the motor vehicle or the registration plates were 19
416	416	stolen before the violation occurred and were not under the control or in the possession of 20
417	417	the owner at the time of the violation, the owner shall submit proof that a police report 21
418	418	about the stolen motor vehicle or registration plates was filed in a timely manner. 22
419	419
420	420	(3) To satisfy the evidentiary burden under paragraph (1)(ii) of this 23
421	421	subsection, the person named in the citation shall provide to the District Court evidence to 24
422	422	the satisfaction of the District Court of who was operating the vehicle at the time of the 25
423	423	violation, including, at a minimum, the operator’s name and current address. 26
424	424
425	425	(4) (i) This paragraph applies only to a citation that involves a Class E 27
426	426	(truck) vehicle with a registered gross weight of 26,001 pounds or more, a Class F (tractor) 28
427	427	vehicle, a Class G (trailer) vehicle operated in combination with a Class F (tractor) vehicle, 29
428	428	and a Class P (passenger bus) vehicle. 30
429	429
430	430	(ii) To satisfy the evidentiary burden under paragraph (1)(ii) of this 31
431	431	subsection, the person named in a citation described under subparagraph (i) of this 32
432	432	paragraph may provide to the District Court a letter, sworn to or affirmed by the person 33
433	433	and mailed by certified mail, return receipt requested, that: 34
434	434	10 HOUSE BILL 206
435	435
436	436
437	437	1. States that the person named in the citation was not 1
438	438	operating the vehicle at the time of the violation; and 2
439	439
440	440	2. Provides the name, address, and driver’s license 3
441	441	identification number of the person who was operating the vehicle at the time of the 4
442	442	violation. 5
443	443
444	444	(5) (i) If the District Court finds that the person named in the citation 6
445	445	was not operating the vehicle at the time of the violation or receives evidence under 7
446	446	paragraph (4)(ii)2 of this subsection identifying the person driving the vehicle at the time 8
447	447	of the violation, the clerk of the court shall provide to the agency a copy of any evidence 9
448	448	substantiating who was operating the vehicle at the time of the violation. 10
449	449
450	450	(ii) On the receipt of substantiating evidence from the District Court 11
451	451	under subparagraph (i) of this paragraph, an agency may issue a new citation as provided 12
452	452	in subsection (f) of this section to the person that the evidence indicates was operating the 13
453	453	vehicle at the time of the violation. 14
454	454
455	455	(iii) A citation issued under subparagraph (ii) of this paragraph shall 15
456	456	be mailed not later than 2 weeks after receipt of the evidence from the District Court. 16
457	457
458	458	(i) If the civil penalty is not paid and the violation is not contested, the 17
459	459	Administration may refuse to register or reregister the motor vehicle. 18
460	460
461	461	(j) A violation for which a civil penalty is imposed under this section: 19
462	462
463	463	(1) Is not a moving violation for the purpose of assessing points under § 20
464	464	16–402 of this article and may not be recorded by the Administration on the driving record 21
465	465	of the owner or driver of the vehicle; 22
466	466
467	467	(2) May be treated as a parking violation for purposes of § 26–305 of this 23
468	468	article; and 24
469	469
470	470	(3) May not be considered in the provision of motor vehicle insurance 25
471	471	coverage. 26
472	472
473	473	(k) In consultation with the appropriate local government agencies, the Chief 27
474	474	Judge of the District Court shall adopt procedures for the issuance of citations, trials for 28
475	475	violations, and the collection of civil penalties imposed under this section. 29
476	476
477	477	(l) (1) An agency or a contractor designated by the agency shall administer 30
478	478	and process civil citations issued under this section in coordination with the District Court. 31
479	479
480	480	(2) If a contractor provides, deploys, or operates a bus [lane] 32
481	481	OBSTRUCTION monitoring system for an agency, the contractor’s fee may not be contingent 33
482	482	on the number of citations issued or paid. 34
483	483	HOUSE BILL 206 11
484	484
485	485
486	486	SECTION 2. AND BE IT FURTHER ENACTED, That the publisher of the 1
487	487	Annotated Code of Maryland, in consultation with and subject to the approval of the 2
488	488	Department of Legislative Services, shall correct, with no further action required by the 3
489	489	General Assembly, cross–references and terminology rendered incorrect by this Act. The 4
490	490	publisher shall adequately describe any correction that is made in an editor’s note following 5
491	491	the section affected. 6
492	492
493	493	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 7
494	494	October 1, 2025. 8