EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0338*
SENATE BILL 338
R5 5lr1360
SB 1067/24 – JPR CF HB 978
By: Senators West, Hettleman, Salling, Sydnor, and Brooks Baltimore County
Senators
Introduced and read first time: January 16, 2025
Assigned to: Judicial Proceedings
Committee Report: Favorable with amendments
Senate action: Adopted with floor amendments
Read second time: February 26, 2025
CHAPTER ______
AN ACT concerning 1
Baltimore County – Speed Monitoring Systems – Interstate 695 and Interstate 83 2
FOR the purpose of authorizing the State Highway Administration to place and use a 3
certain number of speed monitoring systems on Interstate 695 and Interstate 83 in 4
Baltimore County subject to certain requirements; requiring that fines collected in 5
Baltimore County as a result of violations enforced by speed monitoring systems on 6
Interstate 695 and Interstate 83 be used to recover costs and assist in covering the 7
cost of roadway and safety improvements on Interstate 695 and Interstate 83 in 8
Baltimore County; requiring the Department of State Police to mail a warning notice 9
instead of a citation for a violation recorded by a speed monitoring system on 10
Interstate 695 or Interstate 83 in Baltimore County during a certain time period; 11
and generally relating to speed monitoring systems in Baltimore County. 12
BY repealing and reenacting, with amendments, 13
Article – Courts and Judicial Proceedings 14
Section 7–302(e)(3) and 10–311(b) 15
Annotated Code of Maryland 16
(2020 Replacement Volume and 2024 Supplement) 17
BY adding to 18
Article – Transportation 19
Section 21–811 20
Annotated Code of Maryland 21
(2020 Replacement Volume and 2024 Supplement) 22 2 SENATE BILL 338
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Courts and Judicial Proceedings 3
7–302. 4
(e) (3) (I) [Civil] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF 5
THIS PARAGRAPH , CIVIL penalties resulting from citations issued using a vehicle height 6
monitoring system, traffic control signal monitoring system, speed monitoring system, 7
work zone speed control system, stop sign monitoring system, school bus monitoring 8
camera, bus lane monitoring system, or a noise abatement monitoring system that are 9
collected by the District Court shall be collected in accordance with subsection (a) of this 10
section and distributed in accordance with § 12–118 of the Transportation Article. 11
(II) 1. THE SUBJECT TO SUBSUBPARA GRAPH 3 OF THIS 12
SUBPARAGRAPH , THE FINES COLLECTED BY THE DISTRICT COURT AS A RESULT OF 13
VIOLATIONS ENFORCED BY SPEED MONITORING SYSTEMS ON INTERSTATE 695 AND 14
INTERSTATE 83 IN BALTIMORE COUNTY SHALL BE REMIT TED TO THE 15
COMPTROLLER FOR DISTR IBUTION TO THE STATE HIGHWAY ADMINISTRATION TO 16
BE USED SOLELY TO ASSIST: 17
A. RECOVER THE COST OF I MPLEMENTING AND 18
ADMINISTERING THE SP EED MONITORING SYSTE MS ON INTERSTATE 695 AND 19
INTERSTATE 83 IN BALTIMORE COUNTY; AND 20
B. ASSIST IN COVERING THE COST OF ROADWAY AND 21
SAFETY IMPROVEMENTS ON INTERSTATE 695 AND INTERSTATE 83 IN BALTIMORE 22
COUNTY. 23
2. FINES REMITTED DISTRIBUTED TO THE STATE 24
HIGHWAY ADMINISTRATION UNDER SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH 25
ARE SUPPLEMENTAL TO AND ARE NOT INTENDED TO TAKE THE PLACE OF FUNDING 26
THAT WOULD OTHERWISE BE APPROPRIATED FOR USES DESCRIBED UNDER 27
SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH . 28
3. NOT MORE THAN 49% OF THE FINES DISTRIB UTED TO 29
THE STATE HIGHWAY ADMINISTRATION UNDER SUBSUBPARAGRAP H 1 OF THIS 30
SUBPARAGRAPH MAY BE USED TO RECOVER THE COST OF IMPLEMENTING AND 31
ADMINISTERING TH E SPEED MONITORING S YSTEMS ON INTERSTATE 695 AND 32
INTERSTATE 83 IN BALTIMORE COUNTY. 33
10–311. 34
SENATE BILL 338 3
(b) A recorded image of a motor vehicle produced by a speed monitoring system 1
in accordance with § 21–809 [or], § 21–810, OR § 21–811 of the Transportation Article is 2
admissible in a proceeding concerning a civil citation issued under that section for a 3
violation of Title 21, Subtitle 8 of the Transportation Article without authentication. 4
Article – Transportation 5
21–811. 6
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 7
INDICATED. 8
(2) (I) “OWNER” MEANS THE REGISTERED OWNER OF A MOTOR 9
VEHICLE OR A LESSEE OF A MOTOR VEHICLE U NDER A LEASE OF 6 MONTHS OR 10
LONGER. 11
(II) “OWNER” DOES NOT INCLUDE : 12
1. A MOTOR VEHICLE RENTAL OR LEASING CO MPANY; 13
OR 14
2. A HOLDER OF A SPECIAL REGISTRATION PLATE 15
ISSUED UNDER TITLE 13, SUBTITLE 9, PART III OF THIS ARTICLE. 16
(3) “RECORDED IMAGE ” MEANS AN IMAGE RECOR DED BY A SPEED 17
MONITORING SYSTEM : 18
(I) ON: 19
1. A PHOTOGRAPH ; 20
2. A MICROPHOTOGRAPH ; 21
3. AN ELECTRONIC IMAGE ; 22
4. VIDEOTAPE; OR 23
5. ANY OTHER MEDIUM ; AND 24
(II) SHOWING: 25
1. THE REAR OF A MOTOR V EHICLE; 26
4 SENATE BILL 338
2. AT LEAST TWO TIME –STAMPED IMAGES OF TH E 1
MOTOR VEHICLE THAT I NCLUDE THE SAME STAT IONARY OBJECT NEAR THE MOTO R 2
VEHICLE; AND 3
3. ON AT LEAST ONE IMAGE OR PORTION OF TAPE , A 4
CLEAR AND LEGIBLE ID ENTIFICATION OF THE ENTIRE REGISTRATION PLATE 5
NUMBER OF THE MOTOR VEHICLE. 6
(4) “SPEED MONITORING SYST EM” MEANS A DEVICE HAVIN G ONE OR 7
MORE MOTOR V EHICLE SENSORS CONNE CTED TO A CAMERA SYS TEM CAPABLE OF 8
PRODUCING RECORDED I MAGES OF MOTOR VEHIC LES. 9
(5) “SPEED MONITORING SYST EM OPERATOR ” MEANS AN INDIVIDUAL 10
WHO HAS BEEN TRAINED AND CERTIFIED TO OPE RATE A SPEED MONITOR ING 11
SYSTEM AND WHO IS : 12
(I) A POLICE OFFICER OF TH E DEPARTMENT OF STATE 13
POLICE; 14
(II) A REPRESENTATIVE OF TH E DEPARTMENT OF STATE 15
POLICE; OR 16
(III) A STATE HIGHWAY ADMINISTRATION CONTRA CTOR. 17
(B) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 18
STATE HIGHWAY ADMINISTRATION MAY PLACE NOT MORE THAN THREE SPEED 19
MONITORING SYSTEMS IN EACH DIRECTION THAT MEET THE REQUIR EMENTS OF 20
THIS SECTION TO RECO RD THE IMAGES OF MOT OR VEHICLES TRAVELIN G ON 21
INTERSTATE 695 IN BALTIMORE COUNTY. 22
(II) NOT MORE THAN FOUR TWO SPEED MONITORING SYS TEMS 23
IN EACH DIRECTION MA Y BE OPERATED IN OPERATION AT THE SAME TIME ON A 24
HIGHWAY SPECIFIED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH AT LOCATIONS 25
IDENTIFIED BY THE STATE HIGHWAY ADMINISTRATION , THE MARYLAND STATE 26
POLICE, OR THE BALTIMORE COUNTY POLICE DEPARTMENT AS BEING AT HIGH 27
RISK FOR MOTOR VEHIC LE CRASHES THAT RESU LT IN SERIOUS BODILY INJURY OR 28
DEATH. 29
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 30
STATE HIGHWAY ADMINISTRATION MAY PL ACE NOT MORE THAN TWO SPEED 31
MONITORING SYSTEMS IN EACH DIRECTION THAT MEET THE REQUIR EMENTS OF 32
THIS SECTION TO RECO RD THE IMAGES OF MOT OR VEHICLES TRAVELIN G ON 33
INTERSTATE 83 IN BALTIMORE COUNTY. 34
SENATE BILL 338 5
(II) NOT MORE THAN THREE ONE SPEED MONITORING SYSTEMS 1
SYSTEM IN EACH DIRECTION MA Y BE OPERATED IN OPERATION AT THE SAME TIME 2
ON A HIGHWAY SPECIFI ED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH AT 3
LOCATIONS IDENTIFIED BY THE STATE HIGHWAY ADMINISTRATION , THE 4
MARYLAND STATE POLICE, OR THE BALTIMORE COUNTY POLICE DEPARTMENT AS 5
BEING AT HIGH RISK F OR MOTOR VEH ICLE CRASHES THAT RE SULT IN SERIOUS 6
BODILY INJURY OR DEA TH. 7
(3) (I) A SPEED MONITORING SYS TEM SPECIFIED IN PAR AGRAPH 8
(1) OR (2) OF THIS SUBSECTION M AY BE USED ONLY: 9
(I) WHEN BEING OPERATED B Y A SPEED MONITORING SYSTEM 10
OPERATOR; AND 11
(II) 1. IF ALL SPEED LIMIT SIGN S APPROACHING AND 12
WITHIN THE SEGMENT O F HIGHWAY ON WHICH T HE SPEED MONITORING SYSTEM IS 13
LOCATED INCLUDE SIGN S THAT: 14
A. ARE IN ACCORDANCE WIT H THE MARYLAND MANUAL 15
ON UNIFORM TRAFFIC C ONTROL DEVICES ; AND 16
B. INDICATE THAT A SPEED MONITORING SYSTEM IS IN 17
USE; AND 18
2. IF THE STATE HIGHWAY ADMINISTRATION ENSURE S 19
THAT EACH SIGN THAT INDICATES THAT A SPE ED MONITORING SYSTEM IS IN USE IS 20
PROXIMATE TO A DEVIC E THAT DISPLAYS A RE AL–TIME POSTING OF THE SPEED AT 21
WHICH A DRIVER IS TR AVELING. ONLY IF, IN ACCORDANCE WITH T HE MARYLAND 22
MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, A CONSPICUOUS ROAD S IGN IS 23
PLACED AT A REASONAB LE DISTANCE CONSISTE NT WITH NATIONAL GUI DELINES 24
BEFORE THE SPEED MON ITORING SYSTEM ALERT ING DRIVERS THAT A S PEED 25
MONITORING SYSTEM MAY BE IN OPERATION. 26
(II) A SPEED MONITORING SYS TEM OPERATOR NEED NO T BE 27
PRESENT IN PERSON OR REMOTELY AT THE HIGH WAY CORRIDOR WHERE A SPEED 28
MONITORING SYSTEM IS IN USE. 29
(4) (I) A SPEED MONITORING SYS TEM OPERATED ON INTERSTATE 30
695 IN BALTIMORE COUNTY MAY BE USED ON LY TO RECORD THE IMA GES OF 31
VEHICLES THAT ARE TR AVELING AT SPEEDS AT LEAST 16 12 MILES PER HOUR 32
ABOVE THE POSTED SPE ED LIMIT. 33
(II) A SPEED MONITORING SYS TEM OPERATED ON INTERSTATE 34
83 IN BALTIMORE COUNTY MAY BE USED ON LY TO RECORD THE IMA GES OF 35 6 SENATE BILL 338
VEHICLES THAT ARE TR AVELING AT SPEEDS AT LEAST 12 MILES PER HOUR ABOVE 1
THE POSTED SPEED LIM IT. 2
(5) (I) A SPEED MONITORING SYS TEM OPERATOR SHALL 3
COMPLETE TRAINING BY THE MANUFA CTURER OF THE SPEED MONITORING SYSTEM 4
IN THE PROCEDURES FO R SETTING UP , TESTING, AND OPERATING THE SP EED 5
MONITORING SYSTEM . 6
(II) ON COMPLETION OF THE TRAINING, THE MANUFACTURER 7
SHALL ISSUE A SIGNED CERTIFICATE TO THE S PEED MONITORING SYST EM 8
OPERATOR. 9
(III) THE CERTIFICATE OF TR AINING SHALL BE ADMI TTED AS 10
EVIDENCE IN ANY COUR T PROCEEDING FOR A V IOLATION OF THIS SEC TION. 11
(6) A SPEED MONITORING SYS TEM OPERATOR SHALL F ILL OUT AND 12
SIGN A DAILY SET–UP LOG FOR A SPEED M ONITORING SYSTEM THA T: 13
(I) STATES THE DATE AND TIM E WHEN AND THE LOCAT ION 14
WHERE THE SYSTEM WAS SET UP; 15
(II) STATES THAT THE SPEED MONITORING SYSTEM OP ERATOR 16
SUCCESSFULLY PERFORM ED, AND THE DEVICE PASSE D, THE 17
MANUFACTURER –SPECIFIED SELF –TESTS OF THE SPEED M ONITORING SYSTEM 18
BEFORE PRODUCING A RECORDED IMAGE; 19
(III) SHALL BE KEPT ON FILE ; AND 20
(IV) SHALL BE ADMITTED AS EVIDENCE IN ANY COUR T 21
PROCEEDING FOR A VIO LATION OF THIS SECTI ON. 22
(7) (I) A SPEED MONITORING SYS TEM SHALL UNDERGO AN 23
ANNUAL CALIBRATION C HECK PERFORMED BY AN INDEPENDENT CALIBRAT ION 24
LABORATORY . 25
(II) THE INDEPENDENT CALIB RATION LABORATORY SH ALL 26
ISSUE A SIGNED CERTI FICATE OF CALIBRATIO N AFTER THE ANNUAL C ALIBRATION 27
CHECK THAT: 28
1. SHALL BE KEPT ON FILE ; AND 29
2. SHALL BE ADMITTED AS EVIDENCE IN ANY COU RT 30
PROCEEDING FOR A VIO LATION OF THIS SECTI ON. 31
SENATE BILL 338 7
(8) THE PROCUREMENT OF A SPEED MONITORING SYS TEM UNDER 1
THIS SECTION SHALL B E CONDUCTED IN ACCOR DANCE WITH TITLE 13, SUBTITLE 1 2
OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 3
(C) (1) UNLESS THE DRIVER OF THE MOTOR VEHICLE RECE IVED A 4
CITATION FROM A POLI CE OFFICER AT THE TI ME OF THE VIOLATION , THE OWNER 5
OR, IN ACCORDANCE WITH S UBSECTION (F)(4) OF THIS SECTION, THE DRIVER OF A 6
MOTOR VEHICLE IS SUB JECT TO A CIVIL PENA LTY IF AN IMAGE OF T HE MOTOR 7
VEHICLE IS RECO RDED BY A SPEED MONI TORING SYSTEM IN ACC ORDANCE WITH 8
SUBSECTION (B) OF THIS SECTION WHIL E BEING OPERATED IN VIOLATION OF THIS 9
SUBTITLE. 10
(2) A CIVIL PENALTY UNDER THIS SUBSECTION MAY NOT EXCEED $40. 11
(3) FOR PURPOSES OF THIS SECTION, THE DISTRICT COURT SHALL: 12
(I) PRESCRIBE A UNIFORM C ITATION FORM CONSIST ENT WITH 13
SUBSECTION (D)(1) OF THIS SECTION AND § 7–302 OF THE COURTS ARTICLE; AND 14
(II) INDICATE ON THE CITAT ION THE AMOUNT OF TH E CIVIL 15
PENALTY TO BE PAID B Y PERSONS WHO CHOOSE TO PREPAY THE CIVI L PENALTY 16
WITHOUT APPEARING IN DISTRICT COURT. 17
(D) (1) SUBJECT TO THE PROVIS IONS OF PARAGRAPHS (2) THROUGH (4) 18
OF THIS SUBSECTION , THE DEPARTMENT OF STATE POLICE OR A CONTRACTO R OF 19
THE DEPARTMENT OF STATE POLICE SHALL MAIL TO THE OWNER LIABLE UND ER 20
SUBSECTION (C) OF THIS SECTION A CI TATION THAT SHALL IN CLUDE: 21
(I) THE NAME AND ADDRESS OF THE REGISTERED OW NER OF 22
THE VEHICLE; 23
(II) THE REGISTRATION NUMB ER OF THE MOTOR VEHI CLE 24
INVOLVED IN THE VIOL ATION; 25
(III) THE VIOLATION CHARGED ; 26
(IV) THE LOCATION WHERE THE V IOLATION OCCURRED ; 27
(V) THE DATE AND TIME OF THE VIOLATION; 28
(VI) AT LEAST ONE RECORDED IMAGE OF THE VEHICLE WITH A 29
DATA BAR IMPRINTED O N EACH IMAGE THAT IN CLUDES THE SPEED OF THE VEHICLE 30
AND THE DATE AND TIM E THE IMAGE WAS RECO RDED; 31
8 SENATE BILL 338
(VII) THE AMOUNT OF THE CIV IL PENALTY IMPOSED A ND THE 1
DATE BY WHICH THE CI VIL PENALTY SHOULD B E PAID; 2
(VIII) A SIGNED STATEMENT BY A POLICE OFFICER EMP LOYED BY 3
THE DEPARTMENT OF STATE POLICE OR A CONTRACTO R OF THE DEPARTMENT OF 4
STATE POLICE THAT, BASED ON INSPECTION OF RECORDED IMAGES , THE MOTOR 5
VEHICLE WAS BEING OP ERATED IN VIOLATION OF THIS SUBTITLE; 6
(IX) A STATEMENT THAT RECOR DED IMAGES ARE EVIDE NCE OF 7
A VIOLATION OF THIS SUBTITLE; 8
(X) INFORMATION ADVISING THE PERSON ALLEGED T O BE 9
LIABLE UNDER THIS SECTI ON OF THE MANNER AND TIME IN WHICH LIABIL ITY AS 10
ALLEGED IN THE CITAT ION MAY BE CONTESTED IN THE DISTRICT COURT; AND 11
(XI) INFORMATION ADVISING THE PERSON ALLEGED T O BE 12
LIABLE UNDER THIS SE CTION THAT FAILURE T O PAY THE CIVIL PENA LTY OR TO 13
CONTEST LIABILITY IN A TIMELY MANNER : 14
1. IS AN ADMISSION OF LI ABILITY; 15
2. MAY RESULT IN THE REF USAL TO REGISTER THE 16
MOTOR VEHICLE ; AND 17
3. MAY RESULT IN THE SUS PENSION OF THE MOTOR 18
VEHICLE REGISTRATION . 19
(2) THE DEPARTMENT OF STATE POLICE SHALL MAIL A WAR NING 20
NOTICE INSTEAD OF A CITATION TO THE OWNE R LIABLE UNDER SUBSE CTION (C) OF 21
THIS SECTION DURING THE FIRST 90 DAYS THAT THE SPEED MONITORING SYSTEM 22
IS IN OPERATION. 23
(3) EXCEPT AS PROVIDED IN SUBSECTION (F)(4) OF THIS SECTION , 24
THE DEPARTMENT OF STATE POLICE MAY NOT MAIL A CITATION TO A PERSON WHO 25
IS NOT AN OWNER . 26
(4) EXCEPT AS PROVIDED IN SUBSECTION (F)(4) OF THIS SECTION, A 27
CITATION ISSUED UNDE R THIS SECTION SHALL BE MAILED NOT LATER THAN 2 28
WEEKS AFTER THE ALLE GED VIOLATION IF T HE VEHICLE IS REGIST ERED IN THE 29
STATE, AND NOT LATER THAN 30 DAYS AFTER THE ALLEG ED VIOLATION IF THE 30
VEHICLE IS REGISTERE D IN ANOTHER STATE . 31
(5) A PERSON WHO RECEIVES A CITATION UNDER PAR AGRAPH (1) OF 32
THIS SUBSECTION MAY : 33 SENATE BILL 338 9
(I) PAY THE CIVIL PENALTY IN ACCORDANCE WITH 1
INSTRUCTIONS ON THE CITATION; OR 2
(II) ELECT TO STAND TRIAL IN THE DISTRICT COURT FOR THE 3
ALLEGED VIOLATION . 4
(E) (1) A CERTIFICATE ALLEGING THAT THE VIOLATION O F THIS 5
SUBTITLE OCCURRED AN D THE REQUIREMENTS U NDER SUBSECTION (B) OF THIS 6
SECTION HAVE BEEN SA TISFIED, SWORN TO, OR AFFIRMED BY AN OF FICER OF THE 7
DEPARTMENT OF STATE POLICE, BASED ON INSPECTION OF RECORDED IMAGES 8
PRODUCED BY A SPEED MONITORING SYSTEM , SHALL BE EVIDENCE OF THE FACTS 9
CONTAINED IN THE CER TIFICATE AND SHALL B E ADMISSIBLE IN A PROCEE DING 10
ALLEGING A VIOLATION UNDER THIS SECTION W ITHOUT THE PRESENCE OR 11
TESTIMONY OF THE SPE ED MONITORING SYSTEM OPERATOR WHO PERFORM ED THE 12
REQUIREMENTS UNDER S UBSECTION (B) OF THIS SECTION. 13
(2) IF A PERSON WHO RECEI VED A CITATION UNDER SUBSECTION (D) 14
OF THIS SECTION DESI RES A SPEED MONITORI NG SYSTEM OPERATOR T O BE 15
PRESENT AND TESTIFY AT TRIAL, THE PERSON SHALL NOT IFY THE COURT AND TH E 16
DEPARTMENT OF STATE POLICE IN WRITING NOT LATER THAN 20 DAYS BEFORE 17
TRIAL. 18
(3) ADJUDICATION OF LIABI LITY SHALL BE BASED ON A 19
PREPONDERANCE OF EVI DENCE. 20
(F) (1) THE DISTRICT COURT MAY CONSIDER IN DEFENSE OF A 21
VIOLATION: 22
(I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THAT 23
THE MOTOR VEHICLE OR THE REGISTRATION PLA TES OF THE MOTOR VEH ICLE WERE 24
STOLEN BEFORE THE VIOLATION OCCURRED AND WERE NO T UNDER THE CONTROL 25
OR POSSESSION OF THE VEHICLE OWNER AT THE TIME OF THE VIOLATIO N; 26
(II) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 27
EVIDENCE THAT THE PE RSON NAMED IN THE CI TATION WAS NOT OPERA TING THE 28
VEHICLE AT THE TIME OF THE VIOLATION; AND 29
(III) ANY OTHER ISSUES AND EVIDENCE THAT THE DISTRICT 30
COURT DEEMS PERTINENT . 31
(2) TO DEMONSTRATE THAT T HE MOTOR VEHICLE OR THE 32
REGISTRATION PLATES WERE STOLEN BEFORE T HE VIOLATION OCCURRE D AND 33
WERE NOT UNDER THE C ONTROL OR POSSESSION OF THE OWNER AT THE TIME OF 34 10 SENATE BILL 338
THE VIOLATION , THE OWNER SHALL SUBM IT PROOF THAT A POLI CE REPORT 1
REGARDING THE STOLEN MOTOR VEHICLE OR REG ISTRATION PLATES WAS FILED IN 2
A TIMELY MANNER . 3
(3) TO SATISFY THE EVIDEN TIARY BURDEN UNDER PARAGRAPH 4
(1)(II) OF THIS SUBSECTION , THE PERSON NAMED IN THE CITATION SHALL P ROVIDE 5
TO THE DISTRICT COURT A LETTER , SWORN TO OR AFFIRMED BY THE PERSON AND 6
MAILED BY CERTIFIED MAIL, RETURN RECEIPT REQUE STED, THAT: 7
(I) STATES THAT THE PERSO N NAMED IN TH E CITATION WAS 8
NOT OPERATING THE VE HICLE AT THE TIME OF THE VIOLATION; AND 9
(II) INCLUDES ANY OTHER CO RROBORATING EVIDENCE . 10
(4) (I) IF THE DISTRICT COURT FINDS THAT THE PERSON NAMED 11
IN THE CITATION WAS NOT OPERATING THE VE HICLE AT THE TIME OF THE 12
VIOLATION OR RECEIVES E VIDENCE UNDER PARAGR APH (3) OF THIS SUBSECTION 13
IDENTIFYING THE PERS ON DRIVING THE VEHIC LE AT THE TIME OF TH E VIOLATION, 14
THE CLERK OF THE COU RT MAY PROVIDE TO TH E DEPARTMENT OF STATE POLICE 15
A COPY OF ANY EVIDEN CE SUBSTANTIATING WH O WAS OPERATING THE VEHICLE AT 16
THE TIME OF THE VIOL ATION. 17
(II) ON RECEIPT OF SUBSTAN TIATING EVIDENCE FRO M THE 18
DISTRICT COURT UNDER SUBPARAGR APH (I) OF THIS PARAGRAPH , THE 19
DEPARTMENT OF STATE POLICE MAY ISSUE A CI TATION AS PROVIDED I N 20
SUBSECTION (D) OF THIS SECTION TO THE PERSON WHO THE EVIDENCE IND ICATES 21
WAS OPERATING THE VE HICLE AT THE TIME OF THE VIOLATION. 22
(III) ANY CITATION ISSUED U NDER SUBPARAGRAPH (II) OF THIS 23
PARAGRAPH SHALL BE M AILED NOT LATER THAN 2 WEEKS AFTER RECEIPT OF THE 24
EVIDENCE FROM THE DISTRICT COURT. 25
(G) IF A PERSON LIABLE UN DER THIS SECTION DOE S NOT PAY THE CIVIL 26
PENALTY OR CONTEST T HE VIOLATION, THE ADMINISTRATION MAY : 27
(1) REFUSE TO REGISTER OR REREGISTER THE REGIS TRATION OF 28
THE MOTOR VEHICLE CI TED FOR THE VIOLATIO N; OR 29
(2) SUSPEND THE REGISTRATI ON OF THE MOTOR VEHI CLE CITED FOR 30
THE VIOLATION. 31
(H) A VIOLATION FOR WHICH A CIVIL PENALTY IS I MPOSED UNDER THIS 32
SECTION: 33
SENATE BILL 338 11
(1) IS NOT A MOVING VIOLA TION FOR THE PURPOSE OF ASSESSING 1
POINTS UNDER § 16–402 OF THIS ARTICLE; 2
(2) MAY NOT BE RECORDED BY T HE ADMINISTRATION ON THE 3
DRIVING RECORD OF TH E OWNER OR DRIVER OF THE VEHICLE; 4
(3) MAY BE TREATED AS A P ARKING VIOLATION FOR PURPOSES OF § 5
26–305 OF THIS ARTICLE; AND 6
(4) MAY NOT BE CONSIDERED IN THE PROVISION OF MOTOR VEHICLE 7
INSURANCE COVERAGE . 8
(I) IN CONSULTATION WITH THE DEPARTMENT OF STATE POLICE, THE 9
CHIEF JUDGE OF THE DISTRICT COURT SHALL ADOPT PRO CEDURES FOR THE 10
ISSUANCE OF CITATION S, THE TRIAL OF CIVIL V IOLATIONS, AND THE COLLECTION 11
OF CIVIL PENALTIES U NDER THIS SECTION . 12
(J) (1) THE DEPARTMENT OF STATE POLICE OR A CONTRACTO R 13
DESIGNATED BY THE DEPARTMENT OF STATE POLICE SHALL ADMINIST ER AND 14
PROCESS CIVIL CITATI ONS ISSUED UNDER THI S SECTION IN COORDIN ATION WITH 15
THE DISTRICT COURT. 16
(2) IF A CONTRACTOR PROVI DES, DEPLOYS, OR OPERATES A SPEED 17
MONITORING SYSTEM FO R THE DEPARTMENT OF STATE POLICE OR THE STATE 18
HIGHWAY ADMINISTRATION , THE CONTRACTOR ’S FEE MAY NOT BE CON TINGENT ON 19
THE NUMBER OF CITATI ONS ISSUED OR PAID . 20
(K) THE DEPARTMENT OF STATE POLICE AND THE STATE HIGHWAY 21
ADMINISTRATION JOINTL Y SHALL ADOPT REGULA TIONS ESTABLISHING 22
STANDARDS AND PROCED URES FOR SPEED MONIT ORING SYSTEMS AUTHOR IZED 23
UNDER THIS SECTION . 24
SECTION 2. AND BE IT FURTHER ENACTED, That: 25
(a) On or before June 1, 2030, the State Highway Administration shall submit a 26
report to the Governor and, in accordance with § 2–1257 of the State Government Article, 27
the General Assembly, on the speed monitoring systems placed on Interstate 695 and 28
Interstate 83 in Baltimore County in accordance with § 21–811 of the Transportation 29
Article as enacted by Section 1 of this Act. 30
(b) The report required under subsection (a) of this section shall include: 31
(1) any changes since the implementation of speed monitoring systems 32
under Section 1 of this Act in: 33
12 SENATE BILL 338
(i) accident and fatality rates on Interstate 695 and Interstate 83 in 1
Baltimore County; and 2
(ii) the number of repeat violations recorded by speed monitoring 3
systems; 4
(2) any measurable improvements in driver awareness and compliance 5
with posted speed limits at areas on Interstate 695 and Interstate 83 in Baltimore County 6
where speed monitoring systems are operated; 7
(3) any unintended consequences including traffic congestion or an 8
increase in the use of alternative routes; 9
(4) the gross revenue collected as a result of violations enforced by the 10
speed monitoring systems; 11
(5) the percentage of the gross revenue collected that has been used: 12
(i) to recover the cost of implementing and administering the speed 13
monitoring systems; and 14
(ii) for public safety purposes, including pedestrian or highway 15
safety programs; 16
(6) whether revenue collected as a result of violations enforced by the speed 17
monitoring systems has been sufficient to cover the costs specified under paragraph (5)(i) 18
and (ii) of this subsection; 19
(7) how funds have been used for public safety purposes on Interstate 695 20
and Interstate 83 in Baltimore County; 21
(8) whether revenue collected has been supplemental to, and has not 22
supplanted, existing State and local funds allocated for transportation; 23
(9) the percentage of issued citations that have been contested; 24
(10) the percentage of contested citations that were overturned or reduced; 25
(11) whether citations have consistently been issued within the time frames 26
required under § 21–811(d)(4) of the Transportation Article, as enacted by Section 1 of this 27
Act, and any required maintenance, calibration, and certification checks have been 28
documented and performed as scheduled; 29
(12) whether there has been any pattern of citation errors or disputes 30
regarding vehicle identification; 31
SENATE BILL 338 13
(13) whether speed monitoring systems have been consistently maintained 1
and calibrated in accordance with § 21–811(b)(7) of the Transportation Article, as enacted 2
by Section 1 of this Act; 3
(14) whether the locations that have been identified as being at high risk for 4
motor vehicle crashes that result in serious bodily injury or death have changed since the 5
implementation of the speed monitoring systems; 6
(15) whether speed monitoring systems have been relocated as a result of 7
any changes under item (14) of this subsection, or any changes in traffic patterns; 8
(16) whether the speed limit thresholds under § 21–811(b)(4) of the 9
Transportation Article, as enacted by Section 1 of this Act have effectively influenced driver 10
behavior; 11
(17) any issues with speed monitoring system visibility, signage, or 12
technical malfunctions; 13
(18) whether there have been any formal complaints or legal challenges to 14
the implementation of speed monitoring systems under Section 1 of this Act; 15
(19) any privacy or data security concerns that have arisen from the 16
handling of recorded images or citation data; 17
(20) any significant delays in processing citations or appeals; 18
(21) whether any public safety improvements intended to be funded as a 19
result of violations enforced by the speed monitoring systems have been completed on 20
schedule and within budget; and 21
(22) any disparities in the number of citations issued as a result of violations 22
enforced by the speed monitoring systems on different communities or demographic groups 23
in the State. 24
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
June 1, 2025. It shall remain effective for a period of 5 years and 1 month and, at the end 26
of June 30, 2030, this Act, with no further action required by the General Assembly, shall 27
be abrogated and of no further force and effect. 28