EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G 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.
Italics indicate opposite chamber/conference committee amendments.
*sb0338*
SENATE BILL 338
R5 (5lr1360)
ENROLLED BILL
— Judicial Proceedings/Environment and Transportation —
Introduced by Senators West, Hettleman, Salling, Sydnor, and Brooks Baltimore
County Senators
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
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 in Baltimore County 4
and Interstate 83 in Baltimore County subject to certain requirements; requiring 5
that fines collected in Baltimore County as a result of violations enforced by speed 6
monitoring systems on Interstate 695 in Baltimore County and Interstate 83 in 7
Baltimore County be used to recover costs and assist in covering the cost of roadway 8
and safety improvements on Interstate 695 in Baltimore County and Interstate 83 9
in Baltimore County; requiring the Department of State Police to mail a warning 10
notice instead of a citation for a violation recorded by a speed monitoring system on 11
Interstate 695 or Interstate 83 in Baltimore County during a certain time period; 12
and generally relating to speed monitoring systems on Interstate 695 in Baltimore 13
County and Interstate 83 in Baltimore County. 14 2 SENATE BILL 338
BY repealing and reenacting, with amendments, 1
Article – Courts and Judicial Proceedings 2
Section 7–302(e)(3) and 10–311(b) 3
Annotated Code of Maryland 4
(2020 Replacement Volume and 2024 Supplement) 5
BY adding to 6
Article – Transportation 7
Section 21–811 8
Annotated Code of Maryland 9
(2020 Replacement Volume and 2024 Supplement) 10
BY repealing and reenacting, with amendments, 11
Article – Transportation 12
Section 21–809 13
Annotated Code of Maryland 14
(2020 Replacement Volume and 2024 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Transportation 17
Section 21–809(c)(2) 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2024 Supplement) 20
(As enacted by Chapter ___or ___ (S.B. 118 or H.B. 182) of the Acts of the General 21
Assembly of 2025) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Courts and Judicial Proceedings 25
7–302. 26
(e) (3) (I) [Civil] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF 27
THIS PARAGRAPH , CIVIL penalties resulting from citations issued using a vehicle height 28
monitoring system, traffic control signal monitoring system, speed monitoring system, 29
work zone speed control system, stop sign monitoring system, school bus monitoring 30
camera, bus lane monitoring system, or a noise abatement monitoring system that are 31
collected by the District Court shall be collected in accordance with subsection (a) of this 32
section and distributed in accordance with § 12–118 of the Transportation Article. 33
(II) 1. THE SUBJECT TO SUBSUBPARA GRAPH 3 OF THIS 34
SUBPARAGRAPH , THE FINES COLLECTED THE FINES COLLECTED B Y THE DISTRICT 35
COURT BY THE DISTRICT COURT AS A RESULT OF VIOLA TIONS ENFORCED BY SP EED 36
MONITORING SY STEMS ON INTERSTATE 695 IN BALTIMORE COUNTY AND 37 SENATE BILL 338 3
INTERSTATE 83 IN BALTIMORE COUNTY SHALL BE REMIT TED TO THE 1
COMPTROLLER FOR DISTR IBUTION TO THE STATE HIGHWAY ADMINISTRATION TO 2
BE USED SOLELY TO ASSIST: 3
A. RECOVER THE COST OF I MPLEMENTING AND 4
ADMINISTERING THE SP EED MONITORING SYSTE MS ON INTERSTATE 695 IN 5
BALTIMORE COUNTY AND INTERSTATE 83 IN BALTIMORE COUNTY; AND 6
B. ASSIST IN COVERING THE COST OF ROADWAY AND 7
SAFETY IMPROVEMENTS ON INTERSTATE 695 IN BALTIMORE COUNTY AND 8
INTERSTATE 83 IN BALTIMORE COUNTY. 9
2. FINES REMITTED DISTRIBUTED TO THE STATE 10
HIGHWAY ADMINISTRATION UNDER SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH 11
ARE SUPPLEMENTAL TO AND ARE NOT INTENDED TO TAKE THE PLACE OF FUNDING 12
THAT WOULD OTHERWISE BE APPROPRIATED FOR USES DESCRIBED UNDER 13
SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH . 14
3. NOT MORE THAN 49% OF THE FINES DISTRIB UTED TO 15
THE STATE HIGHWAY ADMINISTRATION UNDER SUBSUBPARAGRAPH 1 OF THIS 16
SUBPARAGRAPH MAY BE USED TO RECOVER THE COST OF IMPLEMENTING AND 17
ADMINISTERING THE SP EED MONITORING SYSTE MS ON INTERSTATE 695 AND 18
INTERSTATE 83 IN BALTIMORE COUNTY. 19
10–311. 20
(b) A recorded image of a motor vehicle produced by a speed monitoring system 21
in accordance with § 21–809 [or], § 21–810, OR § 21–811 of the Transportation Article is 22
admissible in a proceeding concerning a civil citation issued under that section for a 23
violation of Title 21, Subtitle 8 of the Transportation Article without authentication. 24
Article – Transportation 25
21–811. 26
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 27
INDICATED. 28
(2) (I) “OWNER” MEANS THE REGISTERED OWNER OF A MOTOR 29
VEHICLE OR A LESSEE OF A MOTOR VEHICLE U NDER A LEASE OF 6 MONTHS OR 30
LONGER. 31
(II) “OWNER” DOES NOT INCLUDE : 32
4 SENATE BILL 338
1. A MOTOR VEHICLE RENTAL OR LEASING CO MPANY; 1
OR 2
2. A HOLDER OF A SPECIAL REGISTRATION PLATE 3
ISSUED UNDER TITLE 13, SUBTITLE 9, PART III OF THIS ARTICLE. 4
(3) “RECORDED IMAGE ” MEANS AN IMAGE RECOR DED BY A SPEED 5
MONITORING SYSTEM : 6
(I) ON: 7
1. A PHOTOGRAPH ; 8
2. A MICROPHOTOGRAPH ; 9
3. AN ELECTRONIC IMAGE ; 10
4. VIDEOTAPE; OR 11
5. ANY OTHER MEDIUM ; AND 12
(II) SHOWING: 13
1. THE REAR OF A MOTOR V EHICLE; 14
2. AT LEAST TWO TIME –STAMPED IMAGES OF TH E 15
MOTOR VEHICLE THAT I NCLUDE THE SAME STAT IONARY OBJECT NEAR THE MOTO R 16
VEHICLE; AND 17
3. ON AT LEAST ONE IMAGE OR PORTION OF TAPE , A 18
CLEAR AND LEGIBLE ID ENTIFICATION OF THE ENTIRE REGISTRATION PLATE 19
NUMBER OF THE MOTOR VEHICLE. 20
(4) “SPEED MONITORING SYST EM” MEANS A DEVICE HAVIN G ONE OR 21
MORE MOTOR V EHICLE SENSORS CONNE CTED TO A CAMERA SYS TEM CAPABLE OF 22
PRODUCING RECORDED I MAGES OF MOTOR VEHIC LES. 23
(5) “SPEED MONITORING SYST EM OPERATOR ” MEANS AN INDIVIDUAL 24
WHO HAS BEEN TRAINED AND CERTIFIED TO OPE RATE A SPEED MONITOR ING 25
SYSTEM AND WHO IS : 26
(I) A POLICE OFFICER OF TH E DEPARTMENT OF STATE 27
POLICE; 28
SENATE BILL 338 5
(II) A REPRESENTATIVE OF TH E DEPARTMENT OF STATE 1
POLICE; OR 2
(III) A STATE HIGHWAY ADMINISTRATION CONTRA CTOR. 3
(B) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 4
STATE HIGHWAY ADMINISTRATION MAY PL ACE NOT MORE THAN THREE SPEED 5
MONITORING SYSTEMS IN EACH DIRECTION THAT MEET THE REQUIR EMENTS OF 6
THIS SECTION TO RECO RD THE IMAGES OF MOT OR VEHICLES TRAVELIN G ON 7
INTERSTATE 695 IN BALTIMORE COUNTY. 8
(II) NOT MORE THAN FOUR TWO SPEED MONITORING SYS TEMS 9
IN EACH DIRECTION MA Y BE OPERATED IN OPERATION AT THE SAME TIME ON A 10
HIGHWAY SPECIFIED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH AT LOCATIONS 11
IDENTIFIED BY THE STATE HIGHWAY ADMINISTRATION , THE MARYLAND STATE 12
POLICE, OR THE BALTIMORE COUNTY POLICE DEPARTMENT AS BEING A T HIGH 13
RISK FOR MOTOR VEHIC LE CRASHES THAT RESU LT IN SERIOUS BODILY INJURY OR 14
DEATH. 15
(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 16
STATE HIGHWAY ADMINISTRATION MAY PL ACE NOT MORE THAN TWO SPEED 17
MONITORING SYSTEMS IN EACH DIRECTION THAT MEET THE REQUIR EMENTS OF 18
THIS SECTION TO RECO RD THE IMAGES OF MOT OR VEHICLES TRAVELIN G ON 19
INTERSTATE 83 IN BALTIMORE COUNTY. 20
(II) NOT MORE THAN THREE ONE SPEED MONITORING SYS TEMS 21
SYSTEM IN EACH DIRECTION MA Y BE OPERATED IN OPERATION AT THE SAME TIME 22
ON A HIGHWAY SPECIFI ED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH AT 23
LOCATIONS IDENTIFIED BY THE STATE HIGHWAY ADMINISTRATION , THE 24
MARYLAND STATE POLICE, OR THE BALTIMORE COUNTY POLICE DEPARTMENT AS 25
BEING AT HIGH RISK F OR MOTOR VEHICLE CRA SHES THAT RESULT IN SERIOUS 26
BODILY INJURY OR DEA TH. 27
(3) (I) A SPEED MONITORING SYS TEM SPECIFIED IN PAR AGRAPH 28
(1) OR (2) OF THIS SUBSECTION M AY BE USED ONLY : 29
(I) WHEN BEING OPERATED B Y A SPEED MONITORING SYSTEM 30
OPERATOR; AND 31
(II) 1. IF ALL SPEED LIMIT SI GNS APPROACHING AND 32
WITHIN THE SEGMENT O F HIGHWAY ON WHICH T HE SPEED MONITORING SYSTEM IS 33
LOCATED INCLUDE SIGN S THAT: 34
6 SENATE BILL 338
A. ARE IN ACCORDANCE WIT H THE MARYLAND MANUAL 1
ON UNIFORM TRAFFIC C ONTROL DEVICES ; AND 2
B. INDICATE THAT A SPEED MONITORING SYSTEM IS IN 3
USE; AND 4
2. IF THE STATE HIGHWAY ADMINISTRATION ENSURE S 5
THAT EACH SIGN THAT INDICATES THAT A SPE ED MONITORING SYSTEM IS IN USE IS 6
PROXIMATE TO A DEVIC E THAT DISPLAYS A RE AL–TIME POSTING OF THE SPEED AT 7
WHICH A DRIVER IS TR AVELING. ONLY IF, IN ACCORDANCE WITH T HE MARYLAND 8
MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, A CONSPICUOUS ROAD S IGN IS 9
PLACED AT A REASONAB LE DISTANCE CONSISTE NT WITH NATIONAL GUI DELINES 10
BEFORE THE SPEED MON ITORING SYSTEM ALER TING DRIVERS THAT A SPEED 11
MONITORING SYSTEM MA Y BE IN OPERATION . 12
(II) A SPEED MONITORING SYS TEM OPERATOR NEED NO T BE 13
PRESENT IN PERSON OR REMOTELY AT THE HIGH WAY CORRIDOR WHERE A SPEED 14
MONITORING SYSTEM IS IN USE. 15
(4) (I) A SPEED MONITORING SYS TEM OPERATED ON INTERSTATE 16
695 IN BALTIMORE COUNTY MAY BE USED ON LY TO RECORD THE IMA GES OF 17
VEHICLES THAT ARE TR AVELING AT SPEEDS AT LEAST 16 12 MILES PER HOUR 18
ABOVE THE POSTED SPE ED LIMIT. 19
(II) A SPEED MONITORING SYS TEM OPERATED ON INTERSTATE 20
83 IN BALTIMORE COUNTY MAY BE USED ON LY TO RECORD THE IMA GES OF 21
VEHICLES THAT ARE TR AVELING AT SPEEDS AT LEAST 12 MILES PER HOUR ABOVE 22
THE POSTED SPEED LIM IT. 23
(5) (I) A SPEED MONITORING SYS TEM OPERATOR SHALL 24
COMPLETE TRAINING BY THE MANUFACTURER OF THE SPEED MONITORING SYSTEM 25
IN THE PROCEDURES FO R SETTING UP , TESTING, AND OPERATING THE SP EED 26
MONITORING SYSTEM . 27
(II) ON COMPLETION OF THE TRAINING, THE MANUFACTURER 28
SHALL ISSUE A SIGNED CERTIFICATE TO THE S PEED MONITORING SYST EM 29
OPERATOR. 30
(III) THE CERTIFICATE OF TRAINING SHA LL BE ADMITTED AS 31
EVIDENCE IN ANY COUR T PROCEEDING FOR A V IOLATION OF THIS SEC TION. 32
(6) A SPEED MONITORING SYS TEM OPERATOR SHALL F ILL OUT AND 33
SIGN A DAILY SET–UP LOG FOR A SPEED M ONITORING SYSTEM THA T: 34
SENATE BILL 338 7
(I) STATES THE DATE AND T IME WHEN AND THE LOCAT ION 1
WHERE THE SYSTEM WAS SET UP; 2
(II) STATES THAT THE SPEED MONITORING SYSTEM OP ERATOR 3
SUCCESSFULLY PERFORM ED, AND THE DEVICE PASSE D, THE 4
MANUFACTURER –SPECIFIED SELF –TESTS OF THE SPEED M ONITORING SYSTEM 5
BEFORE PRODUCING A R ECORDED IMAGE; 6
(III) SHALL BE KEPT ON FILE ; AND 7
(IV) SHALL BE ADMITTED AS EVIDENCE IN ANY COUR T 8
PROCEEDING FOR A VIO LATION OF THIS SECTI ON. 9
(7) (I) A SPEED MONITORING SYS TEM SHALL UNDERGO AN 10
ANNUAL CALIBRATION C HECK PERFORMED BY AN INDEPENDENT CALIBRAT ION 11
LABORATORY . 12
(II) THE INDEPENDENT CALIB RATION LABORATORY SH ALL 13
ISSUE A SIGNED CERTI FICATE OF CALIBRATIO N AFTER THE ANNUAL C ALIBRATION 14
CHECK THAT: 15
1. SHALL BE KEPT ON FILE ; AND 16
2. SHALL BE ADMITTED AS EVIDENCE IN ANY COUR T 17
PROCEEDING FOR A V IOLATION OF THIS SEC TION. 18
(8) THE PROCUREMENT OF A SPEED MONITORING SYS TEM UNDER 19
THIS SECTION SHALL B E CONDUCTED IN ACCOR DANCE WITH TITLE 13, SUBTITLE 1 20
OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 21
(C) (1) UNLESS THE DRIVER OF THE MOTOR VEHICLE RECEIVED A 22
CITATION FROM A POLI CE OFFICER AT THE TI ME OF THE VIOLATION , THE OWNER 23
OR, IN ACCORDANCE WITH S UBSECTION (F)(4) OF THIS SECTION, THE DRIVER OF A 24
MOTOR VEHICLE IS SUB JECT TO A CIVIL PENA LTY IF AN IMAGE OF T HE MOTOR 25
VEHICLE IS RECORDED BY A SPEED MONITORING SYSTEM IN ACCORDANCE WITH 26
SUBSECTION (B) OF THIS SECTION WHIL E BEING OPERATED IN VIOLATION OF THIS 27
SUBTITLE. 28
(2) A CIVIL PENALTY UNDER THIS SUBSECTION MAY NOT EXCEED $40. 29
(3) FOR PURPOSES OF THIS SECTION, THE DISTRICT COURT SHALL: 30
(I) PRESCRIBE A UNIFORM C ITATION FORM CONSIST ENT WITH 31
SUBSECTION (D)(1) OF THIS SECTION AND § 7–302 OF THE COURTS ARTICLE; AND 32 8 SENATE BILL 338
(II) INDICATE ON THE CITAT ION THE AMOUNT OF TH E CIVIL 1
PENALTY TO BE PAID B Y PERSONS WHO CHOOSE TO PREPAY THE CIVIL PENALTY 2
WITHOUT APPEARING IN DISTRICT COURT. 3
(D) (1) SUBJECT TO THE PROVIS IONS OF PARAGRAPHS (2) THROUGH (4) 4
OF THIS SUBSECTION , THE DEPARTMENT OF STATE POLICE OR A CONTRACTO R OF 5
THE DEPARTMENT OF STATE POLICE SHALL MAIL TO THE OWNER LIABLE UND ER 6
SUBSECTION (C) OF THIS SECTION A CITAT ION THAT SHALL INCLU DE: 7
(I) THE NAME AND ADDRESS OF THE REGISTERED OW NER OF 8
THE VEHICLE; 9
(II) THE REGISTRATION NUMB ER OF THE MOTOR VEHI CLE 10
INVOLVED IN THE VIOL ATION; 11
(III) THE VIOLATION CHARGED ; 12
(IV) THE LOCATION WHERE T HE VIOLATION OCCURRE D; 13
(V) THE DATE AND TIME OF THE VIOLATION; 14
(VI) AT LEAST ONE RECORDED IMAGE OF THE VEHICLE WITH A 15
DATA BAR IMPRINTED O N EACH IMAGE THAT IN CLUDES THE SPEED OF THE VEHICLE 16
AND THE DATE AND TIM E THE IMAGE WAS RECO RDED; 17
(VII) THE AMOUNT OF THE CIVI L PENALTY IMPOSED AN D THE 18
DATE BY WHICH THE CI VIL PENALTY SHOULD B E PAID; 19
(VIII) A SIGNED STATEMENT BY A POLICE OFFICER EMP LOYED BY 20
THE DEPARTMENT OF STATE POLICE OR A CONTRACTO R OF THE DEPARTMENT OF 21
STATE POLICE THAT, BASED ON INSPECTION OF RECORD ED IMAGES, THE MOTOR 22
VEHICLE WAS BEING OP ERATED IN VIOLATION OF THIS SUBTITLE; 23
(IX) A STATEMENT THAT RECOR DED IMAGES ARE EVIDE NCE OF 24
A VIOLATION OF THIS SUBTITLE; 25
(X) INFORMATION ADVISING THE PERSON ALLEGED T O BE 26
LIABLE UNDER TH IS SECTION OF THE MA NNER AND TIME IN WHI CH LIABILITY AS 27
ALLEGED IN THE CITAT ION MAY BE CONTESTED IN THE DISTRICT COURT; AND 28
(XI) INFORMATION ADVISING THE PERSON ALLEGED T O BE 29
LIABLE UNDER THIS SE CTION THAT FAILURE T O PAY THE CIVIL PENA LTY OR TO 30
CONTEST LIABILITY IN A TIMEL Y MANNER: 31 SENATE BILL 338 9
1. IS AN ADMISSION OF LI ABILITY; 1
2. MAY RESULT IN THE REF USAL TO REGISTER THE 2
MOTOR VEHICLE ; AND 3
3. MAY RESULT IN THE SUS PENSION OF THE MOTOR 4
VEHICLE REGISTRATION . 5
(2) THE DEPARTMENT OF STATE POLICE SHALL MAIL A WARNING 6
NOTICE INSTEAD OF A CITATION TO THE OWNE R LIABLE UNDER SUBSE CTION (C) OF 7
THIS SECTION DURING THE FIRST 90 DAYS THAT THE SPEED MONITORING SYSTEM 8
IS IN OPERATION. 9
(3) EXCEPT AS PROVIDED IN SUBSECTION (F)(4) OF THIS SECTION , 10
THE DEPARTMENT O F STATE POLICE MAY NOT MAIL A CITATION TO A PERSON WHO 11
IS NOT AN OWNER . 12
(4) EXCEPT AS PROVIDED IN SUBSECTION (F)(4) OF THIS SECTION, A 13
CITATION ISSUED UNDE R THIS SECTION SHALL BE MAILED NOT LATER THAN 2 14
WEEKS AFTER THE ALLE GED VIOLATION IF THE VEHICLE IS REGISTERED IN THE 15
STATE, AND NOT LATER THAN 30 DAYS AFTER THE ALLEG ED VIOLATION IF THE 16
VEHICLE IS REGISTERE D IN ANOTHER STATE . 17
(5) A PERSON WHO RECEIVES A CITATION UNDER PAR AGRAPH (1) OF 18
THIS SUBSECTION MAY : 19
(I) PAY THE CIVIL PENALTY IN ACCORDANCE WITH 20
INSTRUCTIONS ON THE CITATION; OR 21
(II) ELECT TO STAND TRIAL IN THE DISTRICT COURT FOR THE 22
ALLEGED VIOLATION . 23
(E) (1) A CERTIFICATE ALLEGING THAT THE VIOLATION O F THIS 24
SUBTITLE OCCURRED AN D THE REQUIREMENTS U NDER SUBSECTION (B) OF THIS 25
SECTION HAVE BEEN SATISFIED , SWORN TO, OR AFFIRMED BY AN OF FICER OF THE 26
DEPARTMENT OF STATE POLICE, BASED ON INSPECTION OF RECORDED IMAGES 27
PRODUCED BY A SPEED MONITORING SYSTEM , SHALL BE EVIDENCE OF THE FACTS 28
CONTAINED IN THE CER TIFICATE AND SHALL B E ADMISSIBLE IN A PROCEEDING 29
ALLEGING A VIOLATION UNDER THIS SECTION W ITHOUT THE PRESENCE OR 30
TESTIMONY OF THE SPE ED MONITORING SYSTEM OPERATOR WHO PERFORM ED THE 31
REQUIREMENTS UNDER S UBSECTION (B) OF THIS SECTION. 32
10 SENATE BILL 338
(2) IF A PERSON WHO RECEI VED A CITATION UNDER SUBSECTION (D) 1
OF THIS SECTION DESI RES A SPEED MONITORI NG SYSTEM OPERATOR T O BE 2
PRESENT AND TESTIFY AT TRIAL, THE PERSON SHALL NOT IFY THE COURT AND TH E 3
DEPARTMENT OF STATE POLICE IN WRITING NOT LATER THAN 20 DAYS BEFORE 4
TRIAL. 5
(3) ADJUDICATION OF LIABI LITY SHALL BE BASED ON A 6
PREPONDERANCE OF EVI DENCE. 7
(F) (1) THE DISTRICT COURT MAY CONSIDER IN DEFENSE OF A 8
VIOLATION: 9
(I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THAT 10
THE MOTOR VEHICLE OR THE REGISTRATION PLA TES OF THE MOTOR VEH ICLE WERE 11
STOLEN BEFORE THE VIOLATION OCCURRED A ND WERE NOT UNDER TH E CONTROL 12
OR POSSESSION OF THE VEHICLE OWNER AT THE TIME OF THE VIOLATIO N; 13
(II) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 14
EVIDENCE THAT THE PE RSON NAMED IN THE CI TATION WAS NOT OPERA TING THE 15
VEHICLE AT THE TI ME OF THE VIOLATION ; AND 16
(III) ANY OTHER ISSUES AND EVIDENCE THAT THE DISTRICT 17
COURT DEEMS PERTINENT . 18
(2) TO DEMONSTRATE THAT T HE MOTOR VEHICLE OR THE 19
REGISTRATION PLATES WERE STOLEN BEFORE T HE VIOLATION OCCURRE D AND 20
WERE NOT UNDER THE C ONTROL OR PO SSESSION OF THE OWNE R AT THE TIME OF 21
THE VIOLATION , THE OWNER SHALL SUBM IT PROOF THAT A POLI CE REPORT 22
REGARDING THE STOLEN MOTOR VEHICLE OR REG ISTRATION PLATES WAS FILED IN 23
A TIMELY MANNER . 24
(3) TO SATISFY THE EVIDEN TIARY BURDEN UNDER P ARAGRAPH 25
(1)(II) OF THIS SUBSECTION , THE PERSON NAMED IN THE CITATION SHALL P ROVIDE 26
TO THE DISTRICT COURT A LETTER , SWORN TO OR AFFIRMED BY THE PERSON AND 27
MAILED BY CERTIFIED MAIL, RETURN RECEIPT REQUE STED, THAT: 28
(I) STATES THAT THE PERSO N NAMED IN THE CITAT ION WAS 29
NOT OPERATING THE VEHICL E AT THE TIME OF THE VIOLATION; AND 30
(II) INCLUDES ANY OTHER CO RROBORATING EVIDENCE . 31
(4) (I) IF THE DISTRICT COURT FINDS THAT THE PERSON NAMED 32
IN THE CITATION WAS NOT OPERATING THE VE HICLE AT THE TIME OF THE 33
VIOLATION OR RECEIVE S EVIDENCE UNDER PARAG RAPH (3) OF THIS SUBSECTION 34 SENATE BILL 338 11
IDENTIFYING THE PERS ON DRIVING THE VEHIC LE AT THE TIME OF TH E VIOLATION, 1
THE CLERK OF THE COU RT MAY PROVIDE TO TH E DEPARTMENT OF STATE POLICE 2
A COPY OF ANY EVIDEN CE SUBSTANTIATING WH O WAS OPERATING THE VEHICLE AT 3
THE TIME OF THE VIOL ATION. 4
(II) ON RECEIPT OF SUBSTAN TIATING EVIDENCE FRO M THE 5
DISTRICT COURT UNDER SUBPARAGR APH (I) OF THIS PARAGRAPH , THE 6
DEPARTMENT OF STATE POLICE MAY ISSUE A CI TATION AS PROVIDED I N 7
SUBSECTION (D) OF THIS SECTION TO T HE PERSON WHO THE EVIDENCE IND ICATES 8
WAS OPERATING THE VE HICLE AT THE TIME OF THE VIOLATION. 9
(III) ANY CITATION ISSUED U NDER SUBPARAGRAPH (II) OF THIS 10
PARAGRAPH SHALL BE M AILED NOT LATER THAN 2 WEEKS AFTER RECEIPT OF THE 11
EVIDENCE FROM THE DISTRICT COURT. 12
(G) IF A PERSON LIABLE UN DER THIS SECTION DOE S NOT PAY THE CIVIL 13
PENALTY OR CONTEST T HE VIOLATION, THE ADMINISTRATION MAY : 14
(1) REFUSE TO REGISTER OR REREGISTER THE REGIS TRATION OF 15
THE MOTOR VEHICLE CI TED FOR THE VIOLATIO N; OR 16
(2) SUSPEND THE REGISTRAT ION OF THE MOTOR VEHICLE CITED FOR 17
THE VIOLATION. 18
(H) A VIOLATION FOR WHICH A CIVIL PENALTY IS I MPOSED UNDER THIS 19
SECTION: 20
(1) IS NOT A MOVING VIOLA TION FOR THE PURPOSE OF ASSESSING 21
POINTS UNDER § 16–402 OF THIS ARTICLE; 22
(2) MAY NOT BE RECORDED B Y THE ADMINISTRATION ON THE 23
DRIVING RECORD OF TH E OWNER OR DRIVER OF THE VEHICLE; 24
(3) MAY BE TREATED AS A P ARKING VIOLATION FOR PURPOSES OF § 25
26–305 OF THIS ARTICLE; AND 26
(4) MAY NOT BE CONSIDERED IN THE PROVISION OF MOTOR VEHICLE 27
INSURANCE COVERAGE . 28
(I) IN CONSULTATION WITH THE DEPARTMENT OF STATE POLICE, THE 29
CHIEF JUDGE OF THE DISTRICT COURT SHALL ADOPT PRO CEDURES FOR THE 30
ISSUANCE OF CITATION S, THE TRIAL OF CIVIL V IOLATIONS, AND THE COLLECTION 31
OF CIVIL PENALTIES U NDER THIS SECTION . 32
12 SENATE BILL 338
(J) (1) THE DEPARTMENT OF STATE POLICE OR A CONTRACTO R 1
DESIGNATED BY THE DEPARTMENT OF STATE POLICE SHALL ADMINIST ER AND 2
PROCESS CIVIL CITATI ONS ISSUED UNDER THI S SECTION IN COORDIN ATION WITH 3
THE DISTRICT COURT. 4
(2) IF A CONTRACTOR PROVI DES, DEPLOYS, OR OPERATES A SPEED 5
MONITORING SYSTEM FOR THE DEPARTMENT OF STATE POLICE OR THE STATE 6
HIGHWAY ADMINISTRATION , THE CONTRACTOR ’S FEE MAY NOT BE CON TINGENT ON 7
THE NUMBER OF CITATI ONS ISSUED OR PAID . 8
(K) THE DEPARTMENT OF STATE POLICE AND THE STATE HIGHWAY 9
ADMINISTRATION JOINTL Y SHALL ADOPT REGULATI ONS ESTABLISHING 10
STANDARDS AND PROCED URES FOR SPEED MONIT ORING SYSTEMS AUTHOR IZED 11
UNDER THIS SECTION . 12
21–809. 13
(a) (1) In this section the following words have the meanings indicated. 14
(2) “Agency” means: 15
(i) A law enforcement agency of a local political subdivision that is 16
authorized to issue a citation for a violation of the Maryland Vehicle Law or of local traffic 17
laws or regulations; [or] 18
(ii) For a municipal corporation that does not maintain a police force, 19
an agency established or designated by the municipal corporation to implement this subtitle 20
using speed monitoring systems in accordance with this section; OR 21
(III) FOR SPEED MONITORING SYSTEMS PLACED AND U SED ON 22
INTERSTATE 83 IN BALTIMORE COUNTY OR INTERSTATE 695 IN BALTIMORE 23
COUNTY, THE STATE HIGHWAY ADMINISTRATION . 24
(3) (i) “Erroneous violation” means a potential violation submitted by a 25
speed monitoring system contractor for review by an agency that is apparently inaccurate 26
based on a technical variable that is under the control of the contractor. 27
(ii) “Erroneous violation” includes a potential violation based on: 28
1. A recorded image of a registration plate that does not 29
match the registration plate issued for the motor vehicle in the recorded image; 30
2. A recorded image that shows a stopped vehicle or no 31
progression; 32
SENATE BILL 338 13
3. An incorrectly measured speed for a motor vehicle; 1
4. A measured speed of a motor vehicle that is below the 2
threshold speed that would subject the owner to a civil citation under this section; 3
5. A recorded image that was taken outside of the hours and 4
days that speed monitoring systems are authorized for use in school zones; and 5
6. A recorded image that was taken by a speed monitoring 6
system with an expired calibration certificate. 7
(4) (i) “Owner” means the registered owner of a motor vehicle or a lessee 8
of a motor vehicle under a lease of 6 months or more. 9
(ii) “Owner” does not include: 10
1. A motor vehicle rental or leasing company; or 11
2. A holder of a special registration plate issued under Title 12
13, Subtitle 9, Part III of this article. 13
(5) “Program administrator” means an employee or a representative of the 14
local jurisdiction OR THE STATE HIGHWAY ADMINISTRATION designated by the local 15
jurisdiction OR THE STATE HIGHWAY ADMINISTRATION to oversee a contract with a 16
speed monitoring system contractor. 17
(6) “Recorded image” means an image recorded by a speed monitoring 18
system: 19
(i) On: 20
1. A photograph; 21
2. A microphotograph; 22
3. An electronic image; 23
4. Videotape; or 24
5. Any other medium; and 25
(ii) Showing: 26
1. The rear of a motor vehicle; 27
2. At least two time–stamped images of the motor vehicle that 28
include the same stationary object near the motor vehicle; and 29 14 SENATE BILL 338
3. On at least one image or portion of tape, a clear and legible 1
identification of the entire registration plate number of the motor vehicle. 2
(7) “School zone” means a designated roadway segment within up to a 3
half–mile radius of a school for any of grades kindergarten through grade 12 where 4
school–related activity occurs, including: 5
(i) Travel by students to or from school on foot or by bicycle; or 6
(ii) The dropping off or picking up of students by school buses or other 7
vehicles. 8
(8) “Speed monitoring system” means a device with one or more motor 9
vehicle sensors producing recorded images of motor vehicles traveling at speeds at least 12 10
miles per hour above the posted speed limit. 11
(9) “Speed monitoring system operator” means a representative of an agency 12
or contractor that operates a speed monitoring system. 13
(b) (1) (i) 1. A speed monitoring system may not be used [in] BY a local 14
jurisdiction under this section unless its use is authorized by the governing body of the local 15
jurisdiction by local law enacted after reasonable notice and a public hearing. 16
2. THE STATE HIGHWAY ADMINISTRATION MAY US E 17
SPEED MONITORING SYS TEMS ON INTERSTATE 83 IN BALTIMORE COUNTY AND 18
INTERSTATE 695 IN BALTIMORE COUNTY IN ACCORDANCE WITH THIS SECTION . 19
(ii) Before a county may use a speed monitoring system on a State 20
highway at a location within a municipal corporation, the county shall: 21
1. Obtain the approval of the State Highway Administration; 22
2. Notify the municipal corporation of the State Highway 23
Administration’s approval of the use of a speed monitoring system at that location; and 24
3. Grant the municipal corporation 60 days from the date of 25
the county’s notice to the municipal corporation to enact an ordinance authorizing the 26
municipal corporation instead of the county to use a speed monitoring system at that 27
location. 28
(iii) 1. This subparagraph applies only in Prince George’s County. 29
2. In the county, a municipal corporation may implement and 30
use a speed monitoring system consistent with the requirements of this subsection on a 31
county highway at a location within its corporate limits if the municipal corporation: 32 SENATE BILL 338 15
A. Submits to the county a plan describing the boundary of 1
the applicable school zone and the proposed location of the speed monitoring system; and 2
B. Requests and receives permission from the county to use the 3
speed monitoring system at the proposed location. 4
3. If the county fails to respond to the request within 60 days, 5
the municipal corporation may implement and use the speed monitoring system as described 6
in the plan submission. 7
4. The county may not: 8
A. Unreasonably deny a request under this subparagraph; or 9
B. Place exactions, fees, or unreasonable restrictions on the 10
implementation and use of a speed monitoring system under this subparagraph. 11
5. The county shall state in writing the reasons for any denial 12
of a request under this subparagraph. 13
6. A municipal corporation may contest in the circuit court a 14
county denial of a request under this subparagraph. 15
(iv) In Prince George’s County, if a municipal corporation has 16
established a school zone that is within one–quarter mile of a school zone established in 17
another municipal corporation, the municipal corporation may not implement or use a speed 18
monitoring system in that school zone unless it has obtained the approval of the other 19
municipal corporation. 20
(v) An ordinance or resolution adopted by the governing body of a 21
local jurisdiction under this paragraph shall provide that, if the local jurisdiction moves or 22
places a mobile or stationary speed monitoring system to or at a location where a speed 23
monitoring system had not previously been moved or placed, the local jurisdiction may not 24
issue a citation for a violation recorded by that speed monitoring system: 25
1. Until signage is installed in accordance with 26
subparagraph (viii) of this paragraph; and 27
2. For at least the first 15 calendar days after the signage is 28
installed. 29
(vi) This section applies to a violation of this subtitle recorded by a 30
speed monitoring system that meets the requirements of this subsection and has been placed: 31
1. In Anne Arundel County, Montgomery County, or Prince 32
George’s County, on a highway in a residential district, as defined in § 21–101 of this title, 33 16 SENATE BILL 338
with a maximum posted speed limit of 35 miles per hour, which speed limit was established 1
using generally accepted traffic engineering practices; 2
2. In a school zone with a posted speed limit of at least 20 3
miles per hour; 4
3. In Prince George’s County: 5
A. Subject to subparagraph (vii)1 of this paragraph, on 6
Maryland Route 210 (Indian Head Highway); or 7
B. On that part of a highway located within the grounds of an 8
institution of higher education as defined in § 10–101(h) of the Education Article, or within 9
one–half mile of the grounds of a building or property used by the institution of higher 10
education where generally accepted traffic and engineering practices indicate that motor 11
vehicle, pedestrian, or bicycle traffic is substantially generated or influenced by the 12
institution of higher education; 13
4. Subject to subparagraph (vii)2 of this paragraph, on 14
Interstate 83 in Baltimore City; 15
5. In Anne Arundel County, on Maryland Route 175 (Jessup 16
Road) between the Maryland Route 175/295 interchange and the Anne Arundel 17
County–Howard County line; [or] 18
6. Subject to subparagraph (vii)3 of this paragraph, at the 19
intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County; 20
OR 21
7. SUBJECT TO SUBPARAGRAPH (VII)4 OF THIS 22
PARAGRAPH , BY THE STATE HIGHWAY ADMINISTRATION ON INTERSTATE 83 IN 23
BALTIMORE COUNTY OR ON INTERSTATE 695 IN BALTIMORE COUNTY. 24
(vii) 1. Not more than six mobile or stationary speed monitoring 25
systems may be placed on Maryland Route 210 (Indian Head Highway). 26
2. Not more than two speed monitoring systems may be placed 27
on Interstate 83 in Baltimore City. 28
3. Not more than one speed monitoring system may be placed 29
at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot 30
County. 31
4. THE STATE HIGHWAY ADMINISTRATION : 32
SENATE BILL 338 17
A. MAY PLACE AND USE A S PEED MONITORING SYST EM 1
ON INTERSTATE 83 IN BALTIMORE COUNTY OR INTERSTATE 695 IN BALTIMORE 2
COUNTY UNDER THIS SEC TION ONLY AT A LOCAT ION IT IDENTIFIES AS BEING AT 3
HIGH RISK FOR MOTOR VEHICLE CRASHES THAT RESULT IN DEATH OR S ERIOUS 4
BODILY INJURY; 5
B. I. MAY NOT PLACE OR USE MORE THAN THREE 6
SPEED MONITORING SYS TEMS IN EACH DIRECTI ON ON INTERSTATE 83 IN 7
BALTIMORE COUNTY; AND 8
II. MAY NOT PLACE OR USE MORE TH AN FOUR SPEED 9
MONITORING SYSTEMS I N EACH DIRECTION ON INTERSTATE 695 IN BALTIMORE 10
COUNTY; AND 11
C. MAY NOT PLACE OR USE A SPEED MONITORING 12
SYSTEM AUTHORIZED UN DER THIS SECTION WIT HIN 5 MILES OF ANOTHER SPE ED 13
MONITORING SYSTEM AUTHORIZED UNDER THI S SECTION OPERATING IN THE SAME 14
DIRECTION. 15
(viii) Before activating a speed monitoring system, the local jurisdiction 16
OR THE STATE HIGHWAY ADMINISTRATION , AS APPROPRIATE , shall: 17
1. Publish notice of the location of the speed monitoring 18
system on its website and in a newspaper of general circulation in the jurisdiction; 19
2. Ensure that each sign that designates a school zone is 20
proximate to a sign that: 21
A. Indicates that speed monitoring systems are in use in the 22
school zone; and 23
B. Is in accordance with the manual for and the specifications 24
for a uniform system of traffic control devices adopted by the State Highway Administration 25
under § 25–104 of this article; 26
3. With regard to a speed monitoring system established on 27
Maryland Route 210 (Indian Head Highway) in Prince George’s County, based on proximity 28
to an institution of higher education under subparagraph (vi)3 of this paragraph, on 29
Interstate 83 in Baltimore City, in Anne Arundel County on Maryland Route 175 (Jessup 30
Road) between the Maryland Route 175/295 interchange and the Anne Arundel 31
County–Howard County line, [or] at the intersection of Maryland Route 333 (Oxford Road) 32
and Bonfield Avenue in Talbot County, OR ON INTERSTATE 83 IN BALTIMORE COUNTY 33
OR INTERSTATE 695 IN BALTIMORE COUNTY, ensure that all speed limit signs 34
approaching and within the segment of highway on which the speed monitoring system is 35
located include signs that: 36 18 SENATE BILL 338
A. Are in accordance with the manual and specifications for 1
a uniform system of traffic control devices adopted by the State Highway Administration 2
under § 25–104 of this article; and 3
B. Indicate that a speed monitoring system is in use; and 4
4. With regard to a speed monitoring system placed on 5
Maryland Route 210 (Indian Head Highway) in Prince George’s County, Interstate 83 in 6
Baltimore City, in Anne Arundel County on Maryland Route 175 (Jessup Road) between the 7
Maryland Route 175/295 interchange and the Anne Arundel County–Howard County line, 8
[or] at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot 9
County, OR ON INTERSTATE 83 IN BALTIMORE COUNTY OR INTERSTATE 695 IN 10
BALTIMORE COUNTY, ensure that each sign that indicates that a speed monitoring system 11
is in use is proximate to a device that displays a real–time posting of the speed at which a 12
driver is traveling. 13
(ix) A speed monitoring system in a school zone may operate only 14
Monday through Friday between 6:00 a.m. and 8:00 p.m. 15
(x) 1. A local jurisdiction that authorizes a program of speed 16
monitoring systems OR THE STATE HIGHWAY ADMINISTRATION , AS APPROPRIATE , 17
shall designate an official or employee to investigate and respond to questions or concerns 18
about the local jurisdiction’s OR THE STATE HIGHWAY ADMINISTRATION ’S speed 19
monitoring system program. 20
2. A. The [local] designee shall review a citation 21
generated by a speed monitoring system if the person who received the citation requests 22
review before the deadline for contesting liability under this section. 23
B. If the [local] designee determines that the citation is an 24
erroneous violation, the [local] designee shall void the citation. 25
C. If the [local] designee determines that a person did not 26
receive notice of a citation issued under this section due to an administrative error, the 27
[local] designee may resend the citation in accordance with subsection (d) of this section or 28
void the citation. 29
D. A [local] designee that takes any action described under 30
subsubsubparagraph C of this subsubparagraph shall notify the Administration of the 31
action for the purpose of rescinding any administrative penalties imposed under subsection 32
(g) of this section. 33
E. A [local] designee may not determine that a citation is an 34
erroneous violation based solely on the dismissal of the citation by a court. 35
SENATE BILL 338 19
3. A [local] designee may not be employed by a speed 1
monitoring system contractor or have been involved in any review of a speed monitoring 2
system citation, other than review of a citation under this subparagraph. 3
4. On receipt of a written question or concern from a person, 4
the [local] designee shall provide a written answer or response to the person within a 5
reasonable time. 6
5. A local jurisdiction AND THE STATE HIGHWAY 7
ADMINISTRATION , AS APPROPRIATE , shall make any written questions or concerns 8
received under this subparagraph and any subsequent written answers or responses 9
available for public inspection. 10
(xi) A local jurisdiction may not use a speed monitoring system to 11
enforce speed limits on any portion of a highway for which the speed limit has been decreased 12
without performing an engineering and traffic investigation. 13
(2) (i) A speed monitoring system operator shall complete training by a 14
manufacturer of speed monitoring systems in the procedures for setting up and operating 15
the speed monitoring system. 16
(ii) The manufacturer shall issue a signed certificate to the speed 17
monitoring system operator on completion of the training. 18
(iii) The certificate of training shall be admitted as evidence in any 19
court proceeding for a violation of this section. 20
(3) A speed monitoring system operator shall fill out and sign a daily 21
set–up log for a speed monitoring system that: 22
(i) States that the speed monitoring system operator successfully 23
performed or reviewed and evaluated the manufacturer–specified daily self–test of the speed 24
monitoring system prior to producing a recorded image; 25
(ii) Shall be kept on file; and 26
(iii) Shall be admitted as evidence in any court proceeding for a 27
violation of this section. 28
(4) (i) A speed monitoring system shall undergo an annual calibration 29
check performed by an independent calibration laboratory that is: 30
1. Selected by the local jurisdiction OR THE STATE 31
HIGHWAY ADMINISTRATION , AS APPROPRIATE ; and 32
20 SENATE BILL 338
2. Unaffiliated with the manufacturer of the speed 1
monitoring system. 2
(ii) The independent calibration laboratory shall issue a signed 3
certificate of calibration after the annual calibration check that: 4
1. Shall be kept on file; and 5
2. Shall be admitted as evidence in any court proceeding for 6
a violation of this section. 7
(5) If a local jurisdiction OR THE STATE HIGHWAY ADMINISTRATION 8
authorizes a program of speed monitoring systems under this section: 9
(i) The local jurisdiction OR THE STATE HIGHWAY 10
ADMINISTRATION shall designate a program administrator who may not be an employee 11
or representative of the speed monitoring system contractor; and 12
(ii) The contract with the speed monitoring system contractor shall 13
include the following provisions: 14
1. For potential violations submitted by a contractor for 15
review by an agency, if more than 5% of the violations in a calendar year are erroneous 16
violations, then the contractor shall be subject to liquidated damages for each erroneous 17
violation equal to at least 50% of the fine amount for the erroneous violation, plus any 18
reimbursements paid by the local jurisdiction OR THE STATE HIGHWAY 19
ADMINISTRATION ; and 20
2. The local jurisdiction OR THE STATE HIGHWAY 21
ADMINISTRATION may cancel a contract with a contractor if the contractor violates the 22
contract by submitting erroneous violations to the agency that exceed a threshold specified 23
in the contract or violates the law in implementing the contract. 24
(6) (i) The Maryland Police Training and Standards Commission, in 25
consultation with the State Highway Administration and other interested stakeholders, 26
shall develop a training program concerning the oversight and administration of a speed 27
monitoring program by a local jurisdiction AND THE STATE HIGHWAY 28
ADMINISTRATION, including a curriculum of best practices in the State. 29
(ii) 1. A program administrator shall participate in the training 30
program established under this paragraph before a local jurisdiction OR THE STATE 31
HIGHWAY ADMINISTRATION initially implements a new speed monitoring program and 32
subsequently at least once every 2 years. 33
SENATE BILL 338 21
2. A program administrator for a program in existence on 1
June 1, 2014, shall initially participate in the training program on or before December 31, 2
2014, and subsequently at least once every 2 years. 3
3. If a local jurisdiction OR THE STATE HIGHWAY 4
ADMINISTRATION designates a new program administrator, the new program 5
administrator shall participate in the next available training program. 6
(c) (1) Unless the driver of the motor vehicle received a citation from a police 7
officer at the time of the violation, the owner or, in accordance with subsection (f)(4) of this 8
section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is 9
recorded by a speed monitoring system while being operated in violation of this subtitle. 10
(2) A civil penalty under this subsection may not exceed $40. 11
(3) For purposes of this section, the District Court shall prescribe: 12
(i) A uniform citation form consistent with subsection (d)(1) of this 13
section and § 7–302 of the Courts Article; and 14
(ii) A civil penalty, which shall be indicated on the citation, to be paid 15
by persons who choose to prepay the civil penalty without appearing in District Court. 16
(d) (1) Subject to the provisions of paragraphs (2) through (4) of this subsection, 17
an agency shall mail to an owner liable under subsection (c) of this section a citation that 18
shall include: 19
(i) The name and address of the registered owner of the vehicle; 20
(ii) The registration number of the motor vehicle involved in the 21
violation; 22
(iii) The violation charged; 23
(iv) The location where the violation occurred; 24
(v) The date and time of the violation; 25
(vi) A copy of the recorded image; 26
(vii) The amount of the civil penalty imposed and the date by which 27
the civil penalty should be paid; 28
(viii) A signed statement by a duly authorized law enforcement officer 29
employed by or under contract with an agency that, based on inspection of recorded images, 30
the motor vehicle was being operated in violation of this subtitle; 31
22 SENATE BILL 338
(ix) A statement that recorded images are evidence of a violation of 1
this subtitle; 2
(x) Information advising the person alleged to be liable under this 3
section of the manner and time in which liability as alleged in the citation may be contested 4
in the District Court; and 5
(xi) Information advising the person alleged to be liable under this 6
section that failure to pay the civil penalty or to contest liability in a timely manner: 7
1. Is an admission of liability; 8
2. May result in the refusal by the Administration to register 9
the motor vehicle; and 10
3. May result in the suspension of the motor vehicle 11
registration. 12
(2) (i) Except as provided in [subparagraph] SUBPARAGRAPHS (ii) 13
AND (III) of this paragraph, an agency may mail a warning notice instead of a citation to 14
the owner liable under subsection (c) of this section. 15
(ii) With regard to a speed monitoring system established on 16
Interstate 83 in Baltimore City, an agency shall mail a warning notice instead of a citation 17
for a violation recorded by the speed monitoring system during the first 90 days that the 18
speed monitoring system is in operation. 19
(III) WITH REGARD TO A SPEE D MONITORING SYSTE M 20
ESTABLISHED ON INTERSTATE 83 IN BALTIMORE COUNTY OR INTERSTATE 695 IN 21
BALTIMORE COUNTY, THE STATE HIGHWAY ADMINISTRATION SHALL MAIL A 22
WARNING NOTICE INSTE AD OF A CITATION FOR A VIOLATION RECORDED BY THE 23
SPEED MONITORING SYS TEM DURING THE FIRST 30 DAYS THAT THE SPEED 24
MONITORING SYSTEM IS IN OPERATION. 25
(3) Except as provided in subsection (f)(4) of this section, an agency may not 26
mail a citation to a person who is not an owner. 27
(4) Except as provided in subsections (b)(1)(x) and (f)(4) of this section, a 28
citation issued under this section shall be mailed no later than 2 weeks after the alleged 29
violation if the vehicle is registered in this State, and 30 days after the alleged violation if 30
the vehicle is registered in another state. 31
(5) A person who receives a citation under paragraph (1) of this subsection 32
may: 33
SENATE BILL 338 23
(i) Pay the civil penalty, in accordance with instructions on the 1
citation, directly to the political subdivision OR THE DISTRICT COURT, AS APPROPRIATE ; 2
or 3
(ii) Elect to stand trial in the District Court for the alleged violation. 4
(6) To mail the citation or warning notice, an agency shall use: 5
(i) The current mailing address on file with the Administration; or 6
(ii) If a mailing address is unavailable, the current residential 7
address on file with the Administration. 8
(e) (1) A certificate alleging that the violation of this subtitle occurred and the 9
requirements under subsection (b) of this section have been satisfied, sworn to, or affirmed 10
by a duly authorized law enforcement officer employed by or under contract with an agency, 11
based on inspection of recorded images produced by a speed monitoring system, shall be 12
evidence of the facts contained in the certificate and shall be admissible in a proceeding 13
alleging a violation under this section without the presence or testimony of the speed 14
monitoring system operator who performed the requirements under subsection (b) of this 15
section. 16
(2) If a person who received a citation under subsection (d) of this section 17
desires the speed monitoring system operator to be present and testify at trial, the person 18
shall notify the court and the State in writing no later than 20 days before trial. 19
(3) Adjudication of liability shall be based on a preponderance of evidence. 20
(f) (1) The District Court may consider in defense of a violation: 21
(i) Subject to paragraph (2) of this subsection, that the motor vehicle 22
or the registration plates of the motor vehicle were stolen before the violation occurred and 23
were not under the control or possession of the owner at the time of the violation; 24
(ii) Subject to paragraph (3) of this subsection, evidence that the 25
person named in the citation was not operating the vehicle at the time of the violation; and 26
(iii) Any other issues and evidence that the District Court deems 27
pertinent. 28
(2) To demonstrate that the motor vehicle or the registration plates were 29
stolen before the violation occurred and were not under the control or possession of the owner 30
at the time of the violation, the owner shall submit proof that a police report regarding the 31
stolen motor vehicle or registration plates was filed in a timely manner. 32
24 SENATE BILL 338
(3) To satisfy the evidentiary burden under paragraph (1)(ii) of this 1
subsection, the person named in the citation shall provide to the District Court a letter, sworn 2
to or affirmed by the person and mailed by certified mail, return receipt requested, that: 3
(i) States that the person named in the citation was not operating the 4
vehicle at the time of the violation; and 5
(ii) Includes any other corroborating evidence. 6
(4) (i) If the District Court finds that the person named in the citation 7
was not operating the vehicle at the time of the violation or receives evidence under 8
paragraph (3) of this subsection identifying the person driving the vehicle at the time of the 9
violation, the clerk of the court shall provide to the agency issuing the citation a copy of any 10
evidence substantiating who was operating the vehicle at the time of the violation. 11
(ii) On receipt of substantiating evidence from the District Court 12
under subparagraph (i) of this paragraph, an agency may issue a citation as provided in 13
subsection (d) of this section to the person who the evidence indicates was operating the 14
vehicle at the time of the violation. 15
(iii) A citation issued under subparagraph (ii) of this paragraph shall 16
be mailed no later than 2 weeks after receipt of the evidence from the District Court. 17
(g) If a person liable under this section does not pay the civil penalty or contest the 18
violation, the Administration may refuse to register or reregister the motor vehicle cited for 19
the violation. 20
(h) A violation for which a civil penalty is imposed under this section: 21
(1) Is not a moving violation for the purpose of assessing points under § 22
16–402 of this article; 23
(2) May not be recorded by the Administration on the driving record of the 24
owner or driver of the vehicle; 25
(3) May be treated as a parking violation for purposes of § 26–305 of this 26
article; and 27
(4) May not be considered in the provision of motor vehicle insurance 28
coverage. 29
(i) In consultation with the appropriate local government agencies AND THE 30
STATE HIGHWAY ADMINISTRATION , the Chief Judge of the District Court shall adopt 31
procedures for the issuance of citations, the trial of civil violations, and the collection of civil 32
penalties under this section. 33
SENATE BILL 338 25
(j) (1) An agency or an agent or contractor designated by the agency shall 1
administer and process civil citations issued under this section in coordination with the 2
District Court. 3
(2) If a contractor in any manner operates a speed monitoring system or 4
administers or processes citations generated by a speed monitoring system on behalf of a 5
local jurisdiction OR THE STATE HIGHWAY ADMINISTRATION , the contractor’s fee may 6
not be contingent on a per–ticket basis on the number of citations issued or paid. 7
(k) (1) On or before December 31 of each year, the Maryland Police Training 8
and Standards Commission shall: 9
(i) Compile and make publicly available a report for the previous 10
fiscal year on each speed monitoring system program operated by a local jurisdiction AND 11
THE STATE HIGHWAY ADMINISTRATION under this section; and 12
(ii) Submit the report to the Governor and, in accordance with § 13
2–1257 of the State Government Article, the General Assembly. 14
(2) The report shall include: 15
(i) The total number of citations issued; 16
(ii) The number of citations issued and the number voided as 17
erroneous violations for each camera; 18
(iii) The gross revenue generated by the program; 19
(iv) The expenditures incurred by the program; 20
(v) The net revenue generated by the program; 21
(vi) The total amount of any payments made to a contractor under the 22
program; 23
(vii) A description of how the net revenue generated by the program 24
was used; 25
(viii) The number of employees of the local jurisdiction OR THE STATE 26
HIGHWAY ADMINISTRATION , AS APPROPRIATE , involved in the program; 27
(ix) The type of speed monitoring system used by the local jurisdiction 28
OR THE STATE HIGHWAY ADMINISTRATION ; 29
26 SENATE BILL 338
(x) The locations at which each speed monitoring system was used in 1
the local jurisdiction OR ON INTERSTATE 83 IN BALTIMORE COUNTY OR INTERSTATE 2
695 IN BALTIMORE COUNTY; 3
(xi) The activation start and stop dates of each speed monitoring 4
system for each location at which it was used; and 5
(xii) The number of citations issued by each speed monitoring system 6
at each location. 7
(3) Each local jurisdiction with a speed monitoring system program AND 8
THE STATE HIGHWAY ADMINISTRATION shall submit the information required under 9
paragraph (2) of this subsection to the Commission by October 31 of each year and assist the 10
Commission in the preparation of the annual report. 11
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws o f Maryland read 12
as follows: 13
Article – Transportation 14
21–809. 15
(c) (2) (I) [A] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 16
PARAGRAPH , A civil penalty under this subsection may not exceed: 17
[(i)] 1. If the citation alleges that the driver of the motor vehicle 18
exceeded the speed limit by between 12 and 15, inclusive, miles per hour, $40; 19
[(ii)] 2. If the citation alleges that the driver of the motor vehicle 20
exceeded the speed limit by between 16 and 19, inclusive, miles per hour, $70; 21
[(iii)] 3. If the citation alleges that the driver of the motor vehicle 22
exceeded the speed limit by between 20 and 29, inclusive, miles per hour, $120; 23
[(iv)] 4. If the citation alleges that the driver of the motor vehicle 24
exceeded the speed limit by between 30 and 39, inclusive, miles per hour, $230; and 25
[(v)] 5. If the citation alleges that the driver of the motor vehicle 26
exceeded the speed limit by 40 miles per hour or more, $425. 27
(II) A CIVIL PENAL TY UNDER THIS SUBSEC TION FOR A 28
VIOLATION RECORDED O N INTERSTATE 83 IN BALTIMORE COUNTY OR INTERSTATE 29
695 IN BALTIMORE COUNTY MAY NOT EXCEED $40. 30
SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 31
effect October 1, 2025, contingent on the taking effect of Chapter ____ or ____ (S.B. 118 or 32 SENATE BILL 338 27
H.B. 182) of the Acts of the General Assembly of 2025, and if Chapter ____ or _____ (S.B. 1
118 or H.B. 182) does not take effect, Section 2 of this Act, with no further action required 2
by the General Assembly, shall be null and void. 3
SECTION 2. 4. AND BE IT FURTHER ENACTED, That: 4
(a) On or before June 1, 2030 2029, the State Highway Administration shall 5
submit a report to the Governor and, in accordance with § 2–1257 of the State Government 6
Article, the General Assembly, on the speed monitoring systems placed on Interstate 695 7
in Baltimore County and Interstate 83 in Baltimore County in accordance with § 21–811 8
21–809 of the Transportation Article as, as enacted by Section 1 of this Act. 9
(b) The report required under subsection (a) of this section shall include: 10
(1) any changes since the implementation of speed monitoring systems 11
under Section 1 of this Act in: 12
(i) accident crash and fatality rates on Interstate 695 and Interstate 13
83 in Baltimore County; and 14
(ii) the number of repeat violations recorded by these speed 15
monitoring systems; 16
(2) any measurable improvements in driver awareness and compliance 17
with posted speed limits at areas on Interstate 695 in Baltimore County and Interstate 83 18
in Baltimore County where speed monitoring systems are operated; 19
(3) any unintended consequences including traffic congestion or an 20
increase in the use of alternative routes; 21
(4) the gross revenue collected as a result of violations enforced by the 22
speed monitoring systems; 23
(5) the percentage of the gross revenue collected that has been used to: 24
(i) to recover the cost of implementing and administering the speed 25
monitoring systems; and 26
(ii) for public safety purposes, including pedestrian or highway 27
safety programs assist in covering the cost of roadway and safety improvements on Interstate 28
695 in Baltimore County and Interstate 83 in Baltimore County; 29
(6) whether revenue collected as a result of violations enforced by the speed 30
monitoring systems has been sufficient to cover the costs specified under paragraph (5)(i) 31
and (ii) of this subsection; 32
28 SENATE BILL 338
(7) how funds have been used for public safety purposes on Interstate 695 1
in Baltimore County and Interstate 83 in Baltimore County; 2
(8) whether revenue collected has been supplemental to, and has not 3
supplanted, existing State and local funds allocated for transportation; 4
(9) the percentage of issued citations that have been contested; 5
(10) the percentage of contested citations that were overturned or reduced; 6
(11) whether citations have consistently been issued within the time frames 7
required under § 21–811(d)(4) 21–809(d)(4) of the Transportation Article, as enacted by 8
Section 1 of this Act, and any required maintenance, calibration, and certification checks 9
have been documented and performed as scheduled; 10
(12) whether there has been any pattern of citation errors or disputes 11
regarding vehicle identification; 12
(13) whether speed monitoring systems have been consistently maintained 13
and calibrated in accordance with § 21–811(b)(7) 21–809(b)(4) of the Transportation Article, 14
as enacted by Section 1 of this Act; 15
(14) whether the locations that have been identified as being at high risk for 16
motor vehicle crashes that result in serious bodily injury or death have changed since the 17
implementation of the speed monitoring systems; 18
(15) whether speed monitoring systems have been relocated as a result of 19
any changes under item (14) of this subsection, or any changes in traffic patterns; 20
(16) whether the speed limit thresholds under § 21–811(b)(4) tolerance of 12 21
miles per hour under § 21–809 of the Transportation Article, as enacted by Section 1 of this 22
Act have has effectively influenced driver behavior on Interstate 695 in Baltimore County 23
and Interstate 83 in Baltimore County; 24
(17) any issues with speed monitoring system visibility, signage, or 25
technical malfunctions; 26
(18) whether there have been any formal complaints or legal challenges to 27
the implementation of speed monitoring systems under Section 1 of this Act; 28
(19) any privacy or data security concerns that have arisen from the 29
handling of recorded images or citation data; 30
(20) any significant delays in processing citations or appeals; and 31
SENATE BILL 338 29
(21) whether any public safety improvements intended to be funded by 1
revenue derived as a result of violations enforced by the speed monitoring systems have 2
been completed on schedule and within budget; and 3
(22) any disparities in the number of citations issued as a result of violations 4
enforced by the speed monitoring systems on different communities or demographic groups 5
in the State. 6
SECTION 2. 3. 5. AND BE IT FURTHER ENACTED, That , except as provided in 7
Section 3 of this Act, this Act shall take effect June October 1, 2025. It shall remain effective 8
for a period of 5 years and 1 month 4 years and 9 months and, at the end of June 30, 2030, 9
this Act, with no further action required by the General Assembly, shall be abrogated and 10
of no further force and effect. 11
Approved:
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Governor.
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President of the Senate.
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Speaker of the House of Delegates.