Maryland 2025 Regular Session

Maryland Senate Bill SB338 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5	5		Underlining indicates amendments to bill.
6	6		Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7	7		amendment.
8		-	Italics indicate opposite chamber/conference committee amendments.
9	8		sb0338
10	9
11	10		SENATE BILL 338
12		-	R5 (5lr1360)
13		-	ENROLLED BILL
14		-	— Judicial Proceedings/Environment and Transportation —
15		-	Introduced by Senators West, Hettleman, Salling, Sydnor, and Brooks Baltimore
16		-	County Senators
17		-
18		-	Read and Examined by Proofreaders:
19		-
20		-	_______________________________________________
21		-	Proofreader.
22		-	_______________________________________________
23		-	Proofreader.
24		-
25		-	Sealed with the Great Seal and presented to the Governor, for his approval this
26		-
27		-	_______ day of _______________ at ________________________ o’clock, ________M.
28		-
29		-	______________________________________________
30		-	President.
	11	+	R5 5lr1360
	12	+	SB 1067/24 – JPR CF HB 978
	13	+	By: Senators West, Hettleman, Salling, Sydnor, and Brooks Baltimore County
	14	+	Senators
	15	+	Introduced and read first time: January 16, 2025
	16	+	Assigned to: Judicial Proceedings
	17	+	Committee Report: Favorable with amendments
	18	+	Senate action: Adopted with floor amendments
	19	+	Read second time: February 26, 2025
31	20
32	21		CHAPTER ______
33	22
34	23		AN ACT concerning 1
35	24
36	25		Baltimore County – Speed Monitoring Systems – Interstate 695 and Interstate 83 2
37	26
38	27		FOR the purpose of authorizing the State Highway Administration to place and use a 3
39		-	certain number of speed monitoring systems on Interstate 695 in Baltimore County 4
40		-	and Interstate 83 in Baltimore County subject to certain requirements; requiring 5
41		-	that fines collected in Baltimore County as a result of violations enforced by speed 6
42		-	monitoring systems on Interstate 695 in Baltimore County and Interstate 83 in 7
43		-	Baltimore County be used to recover costs and assist in covering the cost of roadway 8
44		-	and safety improvements on Interstate 695 in Baltimore County and Interstate 83 9
45		-	in Baltimore County; requiring the Department of State Police to mail a warning 10
46		-	notice instead of a citation for a violation recorded by a speed monitoring system on 11
47		-	Interstate 695 or Interstate 83 in Baltimore County during a certain time period; 12
48		-	and generally relating to speed monitoring systems on Interstate 695 in Baltimore 13
49		-	County and Interstate 83 in Baltimore County. 14 2 SENATE BILL 338
	28	+	certain number of speed monitoring systems on Interstate 695 and Interstate 83 in 4
	29	+	Baltimore County subject to certain requirements; requiring that fines collected in 5
	30	+	Baltimore County as a result of violations enforced by speed monitoring systems on 6
	31	+	Interstate 695 and Interstate 83 be used to recover costs and assist in covering the 7
	32	+	cost of roadway and safety improvements on Interstate 695 and Interstate 83 in 8
	33	+	Baltimore County; requiring the Department of State Police to mail a warning notice 9
	34	+	instead of a citation for a violation recorded by a speed monitoring system on 10
	35	+	Interstate 695 or Interstate 83 in Baltimore County during a certain time period; 11
	36	+	and generally relating to speed monitoring systems in Baltimore County. 12
	37	+
	38	+	BY repealing and reenacting, with amendments, 13
	39	+	Article – Courts and Judicial Proceedings 14
	40	+	Section 7–302(e)(3) and 10–311(b) 15
	41	+	Annotated Code of Maryland 16
	42	+	(2020 Replacement Volume and 2024 Supplement) 17
	43	+
	44	+	BY adding to 18
	45	+	Article – Transportation 19
	46	+	Section 21–811 20
	47	+	Annotated Code of Maryland 21
	48	+	(2020 Replacement Volume and 2024 Supplement) 22 2 SENATE BILL 338
50	49
51	50
52	51
53		-	BY repealing and reenacting, with amendments, 1
54		-	Article – Courts and Judicial Proceedings 2
55		-	Section 7–302(e)(3) and 10–311(b) 3
56		-	Annotated Code of Maryland 4
57		-	(2020 Replacement Volume and 2024 Supplement) 5
	52	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
	53	+	That the Laws of Maryland read as follows: 2
58	54
59		-	BY adding to 6
60		-	Article – Transportation 7
61		-	Section 21–811 8
62		-	Annotated Code of Maryland 9
63		-	(2020 Replacement Volume and 2024 Supplement) 10
	55	+	Article – Courts and Judicial Proceedings 3
64	56
65		-	BY repealing and reenacting, with amendments, 11
66		-	Article – Transportation 12
67		-	Section 21–809 13
68		-	Annotated Code of Maryland 14
69		-	(2020 Replacement Volume and 2024 Supplement) 15
	57	+	7–302. 4
70	58
71		-	~~BY repealing and reenacting,~~ ~~with amendments,~~ 16
72		-	~~Article – Transportation 17~~
73		-	~~Section 21–809(c)(2) 18~~
74		-	~~Annotated Code of Maryland 19~~
75		-	~~(2020~~ ~~Replacement Volume and 2024 Supplement)~~ 20
76		-	~~(As enacted~~ by ~~Chapter ___or ___~~ (~~S.B. 118 or H.B. 182~~) of ~~the Acts of the General 21~~
77		-	~~Assembly~~ of ~~2025) 22~~
	59	+	(e) (3) (I) [Civil] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF 5
	60	+	THIS PARAGRAPH , CIVIL penalties resulting from citations issued using a vehicle height 6
	61	+	monitoring system, traffic control signal monitoring system, speed monitoring system, 7
	62	+	work zone speed control system, stop sign monitoring system, school bus monitoring 8
	63	+	camera, bus lane monitoring system, or a noise abatement monitoring system that are 9
	64	+	collected by the District Court shall be collected in accordance with subsection (a) of this 10
	65	+	section and distributed in accordance with § 12–118 of the Transportation Article. 11
78	66
79		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
80		-	That the Laws of Maryland read as follows: 24
	67	+	(II) 1. THE SUBJECT TO SUBSUBPARA GRAPH 3 OF THIS 12
	68	+	SUBPARAGRAPH , THE FINES COLLECTED BY THE DISTRICT COURT AS A RESULT OF 13
	69	+	VIOLATIONS ENFORCED BY SPEED MONITORING SYSTEMS ON INTERSTATE 695 AND 14
	70	+	INTERSTATE 83 IN BALTIMORE COUNTY SHALL BE REMIT TED TO THE 15
	71	+	COMPTROLLER FOR DISTR IBUTION TO THE STATE HIGHWAY ADMINISTRATION TO 16
	72	+	BE USED SOLELY TO ASSIST: 17
81	73
82		-	Article – Courts and Judicial Proceedings 25
	74	+	A. RECOVER THE COST OF I MPLEMENTING AND 18
	75	+	ADMINISTERING THE SP EED MONITORING SYSTE MS ON INTERSTATE 695 AND 19
	76	+	INTERSTATE 83 IN BALTIMORE COUNTY; AND 20
83	77
84		-	7–302. 26
	78	+	B. ASSIST IN COVERING THE COST OF ROADWAY AND 21
	79	+	SAFETY IMPROVEMENTS ON INTERSTATE 695 AND INTERSTATE 83 IN BALTIMORE 22
	80	+	COUNTY. 23
85	81
86		-	(e) (3) (I) [Civil] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF 27
87		-	THIS PARAGRAPH , CIVIL penalties resulting from citations issued using a vehicle height 28
88		-	monitoring system, traffic control signal monitoring system, speed monitoring system, 29
89		-	work zone speed control system, stop sign monitoring system, school bus monitoring 30
90		-	camera, bus lane monitoring system, or a noise abatement monitoring system that are 31
91		-	collected by the District Court shall be collected in accordance with subsection (a) of this 32
92		-	section and distributed in accordance with § 12–118 of the Transportation Article. 33
	82	+	2. FINES REMITTED DISTRIBUTED TO THE STATE 24
	83	+	HIGHWAY ADMINISTRATION UNDER SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH 25
	84	+	ARE SUPPLEMENTAL TO AND ARE NOT INTENDED TO TAKE THE PLACE OF FUNDING 26
	85	+	THAT WOULD OTHERWISE BE APPROPRIATED FOR USES DESCRIBED UNDER 27
	86	+	SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH . 28
93	87
94		-	(II) 1. THE SUBJECT TO SUBSUBPARA GRAPH 3 OF THIS 34
95		-	SUBPARAGRAPH , THE FINES COLLECTED THE FINES COLLECTED B Y THE DISTRICT 35
96		-	COURT BY THE DISTRICT COURT AS A RESULT OF VIOLA TIONS ENFORCED BY SP EED 36
97		-	MONITORING SY STEMS ON INTERSTATE 695 IN BALTIMORE COUNTY AND 37 SENATE BILL 338 3
	88	+	3. NOT MORE THAN 49% OF THE FINES DISTRIB UTED TO 29
	89	+	THE STATE HIGHWAY ADMINISTRATION UNDER SUBSUBPARAGRAP H 1 OF THIS 30
	90	+	SUBPARAGRAPH MAY BE USED TO RECOVER THE COST OF IMPLEMENTING AND 31
	91	+	ADMINISTERING TH E SPEED MONITORING S YSTEMS ON INTERSTATE 695 AND 32
	92	+	INTERSTATE 83 IN BALTIMORE COUNTY. 33
	93	+
	94	+	10–311. 34
	95	+	SENATE BILL 338 3
98	96
99	97
100		-	INTERSTATE 83 IN BALTIMORE COUNTY SHALL BE REMIT TED TO THE 1
101		-	COMPTROLLER FOR DISTR IBUTION TO THE STATE HIGHWAY ADMINISTRATION TO 2
102		-	BE USED SOLELY TO ASSIST: 3
	98	+	(b) A recorded image of a motor vehicle produced by a speed monitoring system 1
	99	+	in accordance with § 21–809 [or], § 21–810, OR § 21–811 of the Transportation Article is 2
	100	+	admissible in a proceeding concerning a civil citation issued under that section for a 3
	101	+	violation of Title 21, Subtitle 8 of the Transportation Article without authentication. 4
103	102
104		-	A. RECOVER THE COST OF I MPLEMENTING AND 4
105		-	ADMINISTERING THE SP EED MONITORING SYSTE MS ON INTERSTATE 695 IN 5
106		-	BALTIMORE COUNTY AND INTERSTATE 83 IN BALTIMORE COUNTY; AND 6
	103	+	Article – Transportation 5
107	104
108		-	B. ASSIST IN COVERING THE COST OF ROADWAY AND 7
109		-	SAFETY IMPROVEMENTS ON INTERSTATE 695 IN BALTIMORE COUNTY AND 8
110		-	INTERSTATE 83 IN BALTIMORE COUNTY. 9
	105	+	21–811. 6
111	106
112		-	2. FINES REMITTED DISTRIBUTED TO THE STATE 10
113		-	HIGHWAY ADMINISTRATION UNDER SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH 11
114		-	ARE SUPPLEMENTAL TO AND ARE NOT INTENDED TO TAKE THE PLACE OF FUNDING 12
115		-	THAT WOULD OTHERWISE BE APPROPRIATED FOR USES DESCRIBED UNDER 13
116		-	SUBSUBPARAGRAPH 1 OF THIS SUBPARAGRAPH . 14
	107	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 7
	108	+	INDICATED. 8
117	109
118		-	3. NOT MORE THAN 49% OF THE FINES DISTRIB UTED TO 15
119		-	THE STATE HIGHWAY ADMINISTRATION UNDER SUBSUBPARAGRAPH 1 OF THIS 16
120		-	SUBPARAGRAPH MAY BE USED TO RECOVER THE COST OF IMPLEMENTING AND 17
121		-	ADMINISTERING THE SP EED MONITORING SYSTE MS ON INTERSTATE 695 AND 18
122		-	INTERSTATE 83 IN BALTIMORE COUNTY. 19
	110	+	(2) (I) “OWNER” MEANS THE REGISTERED OWNER OF A MOTOR 9
	111	+	VEHICLE OR A LESSEE OF A MOTOR VEHICLE U NDER A LEASE OF 6 MONTHS OR 10
	112	+	LONGER. 11
123	113
124		-	~~10–311. 20~~
	114	+	(II) “OWNER” DOES NOT INCLUDE : 12
125	115
126		-	(b) A recorded image of a motor vehicle produced by a speed monitoring system 21
127		-	in accordance with § 21–809 [or], § 21–810, OR § 21–811 of the Transportation Article is 22
128		-	admissible in a proceeding concerning a civil citation issued under that section for a 23
129		-	violation of Title 21, Subtitle 8 of the Transportation Article without authentication. 24
	116	+	1. A MOTOR VEHICLE RENTAL OR LEASING CO MPANY; 13
	117	+	OR 14
130	118
131		-	Article – Transportation 25
	119	+	2. A HOLDER OF A SPECIAL REGISTRATION PLATE 15
	120	+	ISSUED UNDER TITLE 13, SUBTITLE 9, PART III OF THIS ARTICLE. 16
132	121
133		-	21–811. 26
	122	+	(3) “RECORDED IMAGE ” MEANS AN IMAGE RECOR DED BY A SPEED 17
	123	+	MONITORING SYSTEM : 18
134	124
135		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 27
136		-	INDICATED. 28
	125	+	(I) ON: 19
137	126
138		-	(2) (I) “OWNER” MEANS THE REGISTERED OWNER OF A MOTOR 29
139		-	VEHICLE OR A LESSEE OF A MOTOR VEHICLE U NDER A LEASE OF 6 MONTHS OR 30
140		-	LONGER. 31
	127	+	1. A PHOTOGRAPH ; 20
141	128
142		-	(II) “OWNER” DOES NOT INCLUDE : 32
	129	+	2. A MICROPHOTOGRAPH ; 21
	130	+
	131	+	3. AN ELECTRONIC IMAGE ; 22
	132	+
	133	+	4. VIDEOTAPE; OR 23
	134	+
	135	+	5. ANY OTHER MEDIUM ; AND 24
	136	+
	137	+	(II) SHOWING: 25
	138	+
	139	+	1. THE REAR OF A MOTOR V EHICLE; 26
143	140		4 SENATE BILL 338
144	141
145	142
146		-	1. A MOTOR VEHICLE RENTAL OR LEASING CO MPANY; 1
147		-	OR 2
	143	+	2. AT LEAST TWO TIME –STAMPED IMAGES OF TH E 1
	144	+	MOTOR VEHICLE THAT I NCLUDE THE SAME STAT IONARY OBJECT NEAR THE MOTO R 2
	145	+	VEHICLE; AND 3
148	146
149		-	2. A HOLDER OF A SPECIAL REGISTRATION PLATE 3
150		-	ISSUED UNDER TITLE 13, SUBTITLE 9, PART III OF THIS ARTICLE. 4
	147	+	3. ON AT LEAST ONE IMAGE OR PORTION OF TAPE , A 4
	148	+	CLEAR AND LEGIBLE ID ENTIFICATION OF THE ENTIRE REGISTRATION PLATE 5
	149	+	NUMBER OF THE MOTOR VEHICLE. 6
151	150
152		-	(3) “RECORDED IMAGE ” MEANS AN IMAGE RECOR DED BY A SPEED 5
153		-	MONITORING SYSTEM : 6
	151	+	(4) “SPEED MONITORING SYST EM” MEANS A DEVICE HAVIN G ONE OR 7
	152	+	MORE MOTOR V EHICLE SENSORS CONNE CTED TO A CAMERA SYS TEM CAPABLE OF 8
	153	+	PRODUCING RECORDED I MAGES OF MOTOR VEHIC LES. 9
154	154
155		-	(I) ON: 7
	155	+	(5) “SPEED MONITORING SYST EM OPERATOR ” MEANS AN INDIVIDUAL 10
	156	+	WHO HAS BEEN TRAINED AND CERTIFIED TO OPE RATE A SPEED MONITOR ING 11
	157	+	SYSTEM AND WHO IS : 12
156	158
157		-	1. A PHOTOGRAPH ; 8
	159	+	(I) A POLICE OFFICER OF TH E DEPARTMENT OF STATE 13
	160	+	POLICE; 14
158	161
159		-	2. A MICROPHOTOGRAPH ; 9
	162	+	(II) A REPRESENTATIVE OF TH E DEPARTMENT OF STATE 15
	163	+	POLICE; OR 16
160	164
161		-	3. ~~AN ELECTRONIC IMAGE ; 10~~
	165	+	(III) A STATE HIGHWAY ADMINISTRATION CONTRA CTOR. 17
162	166
163		-	4. VIDEOTAPE; OR 11
	167	+	(B) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 18
	168	+	STATE HIGHWAY ADMINISTRATION MAY PLACE NOT MORE THAN THREE SPEED 19
	169	+	MONITORING SYSTEMS IN EACH DIRECTION THAT MEET THE REQUIR EMENTS OF 20
	170	+	THIS SECTION TO RECO RD THE IMAGES OF MOT OR VEHICLES TRAVELIN G ON 21
	171	+	INTERSTATE 695 IN BALTIMORE COUNTY. 22
164	172
165		-	5. ANY OTHER MEDIUM ; AND 12
	173	+	(II) NOT MORE THAN FOUR TWO SPEED MONITORING SYS TEMS 23
	174	+	IN EACH DIRECTION MA Y BE OPERATED IN OPERATION AT THE SAME TIME ON A 24
	175	+	HIGHWAY SPECIFIED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH AT LOCATIONS 25
	176	+	IDENTIFIED BY THE STATE HIGHWAY ADMINISTRATION , THE MARYLAND STATE 26
	177	+	POLICE, OR THE BALTIMORE COUNTY POLICE DEPARTMENT AS BEING AT HIGH 27
	178	+	RISK FOR MOTOR VEHIC LE CRASHES THAT RESU LT IN SERIOUS BODILY INJURY OR 28
	179	+	DEATH. 29
166	180
167		-	(II) SHOWING: 13
168		-
169		-	1. THE REAR OF A MOTOR V EHICLE; 14
170		-
171		-	2. AT LEAST TWO TIME –STAMPED IMAGES OF TH E 15
172		-	MOTOR VEHICLE THAT I NCLUDE THE SAME STAT IONARY OBJECT NEAR THE MOTO R 16
173		-	VEHICLE; AND 17
174		-
175		-	3. ON AT LEAST ONE IMAGE OR PORTION OF TAPE , A 18
176		-	CLEAR AND LEGIBLE ID ENTIFICATION OF THE ENTIRE REGISTRATION PLATE 19
177		-	NUMBER OF THE MOTOR VEHICLE. 20
178		-
179		-	(4) “SPEED MONITORING SYST EM” MEANS A DEVICE HAVIN G ONE OR 21
180		-	MORE MOTOR V EHICLE SENSORS CONNE CTED TO A CAMERA SYS TEM CAPABLE OF 22
181		-	PRODUCING RECORDED I MAGES OF MOTOR VEHIC LES. 23
182		-
183		-	(5) “SPEED MONITORING SYST EM OPERATOR ” MEANS AN INDIVIDUAL 24
184		-	WHO HAS BEEN TRAINED AND CERTIFIED TO OPE RATE A SPEED MONITOR ING 25
185		-	SYSTEM AND WHO IS : 26
186		-
187		-	(I) A POLICE OFFICER OF TH E DEPARTMENT OF STATE 27
188		-	POLICE; 28
	181	+	(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 30
	182	+	STATE HIGHWAY ADMINISTRATION MAY PL ACE NOT MORE THAN TWO SPEED 31
	183	+	MONITORING SYSTEMS IN EACH DIRECTION THAT MEET THE REQUIR EMENTS OF 32
	184	+	THIS SECTION TO RECO RD THE IMAGES OF MOT OR VEHICLES TRAVELIN G ON 33
	185	+	INTERSTATE 83 IN BALTIMORE COUNTY. 34
189	186		SENATE BILL 338 5
190	187
191	188
192		-	(II) A REPRESENTATIVE OF TH E DEPARTMENT OF STATE 1
193		-	POLICE; OR 2
	189	+	(II) NOT MORE THAN THREE ONE SPEED MONITORING SYSTEMS 1
	190	+	SYSTEM IN EACH DIRECTION MA Y BE OPERATED IN OPERATION AT THE SAME TIME 2
	191	+	ON A HIGHWAY SPECIFI ED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH AT 3
	192	+	LOCATIONS IDENTIFIED BY THE STATE HIGHWAY ADMINISTRATION , THE 4
	193	+	MARYLAND STATE POLICE, OR THE BALTIMORE COUNTY POLICE DEPARTMENT AS 5
	194	+	BEING AT HIGH RISK F OR MOTOR VEH ICLE CRASHES THAT RE SULT IN SERIOUS 6
	195	+	BODILY INJURY OR DEA TH. 7
194	196
195		-	(III) A STATE HIGHWAY ADMINISTRATION CONTRA CTOR. 3
	197	+	(3) (I) A SPEED MONITORING SYS TEM SPECIFIED IN PAR AGRAPH 8
	198	+	(1) OR (2) OF THIS SUBSECTION M AY BE USED ONLY: 9
196	199
197		-	(B) (1) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 4
198		-	STATE HIGHWAY ADMINISTRATION MAY PL ACE NOT MORE THAN THREE SPEED 5
199		-	MONITORING SYSTEMS IN EACH DIRECTION THAT MEET THE REQUIR EMENTS OF 6
200		-	THIS SECTION TO RECO RD THE IMAGES OF MOT OR VEHICLES TRAVELIN G ON 7
201		-	INTERSTATE 695 IN BALTIMORE COUNTY. 8
	200	+	(I) WHEN BEING OPERATED B Y A SPEED MONITORING SYSTEM 10
	201	+	OPERATOR; AND 11
202	202
203		-	(II) NOT MORE THAN FOUR TWO SPEED MONITORING SYS TEMS 9
204		-	IN EACH DIRECTION MA Y BE OPERATED IN OPERATION AT THE SAME TIME ON A 10
205		-	HIGHWAY SPECIFIED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH AT LOCATIONS 11
206		-	IDENTIFIED BY THE STATE HIGHWAY ADMINISTRATION , THE MARYLAND STATE 12
207		-	POLICE, OR THE BALTIMORE COUNTY POLICE DEPARTMENT AS BEING A T HIGH 13
208		-	RISK FOR MOTOR VEHIC LE CRASHES THAT RESU LT IN SERIOUS BODILY INJURY OR 14
209		-	DEATH. 15
	203	+	(II) 1. IF ALL SPEED LIMIT SIGN S APPROACHING AND 12
	204	+	WITHIN THE SEGMENT O F HIGHWAY ON WHICH T HE SPEED MONITORING SYSTEM IS 13
	205	+	LOCATED INCLUDE SIGN S THAT: 14
210	206
211		-	(2) (I) SUBJECT TO SUBPARAGRA PH (II) OF THIS PARAGRAPH , THE 16
212		-	STATE HIGHWAY ADMINISTRATION MAY PL ACE NOT MORE THAN TWO SPEED 17
213		-	MONITORING SYSTEMS IN EACH DIRECTION THAT MEET THE REQUIR EMENTS OF 18
214		-	THIS SECTION TO RECO RD THE IMAGES OF MOT OR VEHICLES TRAVELIN G ON 19
215		-	INTERSTATE 83 IN BALTIMORE COUNTY. 20
	207	+	A. ARE IN ACCORDANCE WIT H THE MARYLAND MANUAL 15
	208	+	ON UNIFORM TRAFFIC C ONTROL DEVICES ; AND 16
216	209
217		-	(II) NOT MORE THAN THREE ONE SPEED MONITORING SYS TEMS 21
218		-	SYSTEM IN EACH DIRECTION MA Y BE OPERATED IN OPERATION AT THE SAME TIME 22
219		-	ON A HIGHWAY SPECIFI ED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH AT 23
220		-	LOCATIONS IDENTIFIED BY THE STATE HIGHWAY ADMINISTRATION , THE 24
221		-	MARYLAND STATE POLICE, OR THE BALTIMORE COUNTY POLICE DEPARTMENT AS 25
222		-	BEING AT HIGH RISK F OR MOTOR VEHICLE CRA SHES THAT RESULT IN SERIOUS 26
223		-	BODILY INJURY OR DEA TH. 27
	210	+	B. INDICATE THAT A SPEED MONITORING SYSTEM IS IN 17
	211	+	USE; AND 18
224	212
225		-	(3) (I) A SPEED MONITORING SYS TEM SPECIFIED IN PAR AGRAPH 28
226		-	(1) OR (2) OF THIS SUBSECTION M AY BE USED ONLY : 29
	213	+	2. IF THE STATE HIGHWAY ADMINISTRATION ENSURE S 19
	214	+	THAT EACH SIGN THAT INDICATES THAT A SPE ED MONITORING SYSTEM IS IN USE IS 20
	215	+	PROXIMATE TO A DEVIC E THAT DISPLAYS A RE AL–TIME POSTING OF THE SPEED AT 21
	216	+	WHICH A DRIVER IS TR AVELING. ONLY IF, IN ACCORDANCE WITH T HE MARYLAND 22
	217	+	MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, A CONSPICUOUS ROAD S IGN IS 23
	218	+	PLACED AT A REASONAB LE DISTANCE CONSISTE NT WITH NATIONAL GUI DELINES 24
	219	+	BEFORE THE SPEED MON ITORING SYSTEM ALERT ING DRIVERS THAT A S PEED 25
	220	+	MONITORING SYSTEM MAY BE IN OPERATION. 26
227	221
228		-	(I) WHEN BEING OPERATED B Y A SPEED MONITORING SYSTEM 30
229		-	OPERATOR; AND 31
	222	+	(II) A SPEED MONITORING SYS TEM OPERATOR NEED NO T BE 27
	223	+	PRESENT IN PERSON OR REMOTELY AT THE HIGH WAY CORRIDOR WHERE A SPEED 28
	224	+	MONITORING SYSTEM IS IN USE. 29
230	225
231		-	(II) 1. IF ALL SPEED LIMIT SI GNS APPROACHING AND 32
232		-	WITHIN THE SEGMENT O F HIGHWAY ON WHICH T HE SPEED MONITORING SYSTEM IS 33
233		-	LOCATED INCLUDE SIGN S THAT: 34
234		-	6 SENATE BILL 338
	226	+	(4) (I) A SPEED MONITORING SYS TEM OPERATED ON INTERSTATE 30
	227	+	695 IN BALTIMORE COUNTY MAY BE USED ON LY TO RECORD THE IMA GES OF 31
	228	+	VEHICLES THAT ARE TR AVELING AT SPEEDS AT LEAST 16 12 MILES PER HOUR 32
	229	+	ABOVE THE POSTED SPE ED LIMIT. 33
	230	+
	231	+	(II) A SPEED MONITORING SYS TEM OPERATED ON INTERSTATE 34
	232	+	83 IN BALTIMORE COUNTY MAY BE USED ON LY TO RECORD THE IMA GES OF 35 6 SENATE BILL 338
235	233
236	234
237		-	A. ARE ~~IN ACCORDANCE WIT H THE MARYLAND MANUAL~~ 1
238		-	~~ON UNIFORM TRAFFIC C ONTROL DEVICES ; AND~~ 2
	235	+	VEHICLES THAT ARE TR AVELING AT SPEEDS AT LEAST 12 MILES PER HOUR ABOVE 1
	236	+	THE POSTED SPEED LIM IT. 2
239	237
240		-	B. INDICATE THAT A SPEED MONITORING SYSTEM IS IN 3
241		-	USE; AND 4
	238	+	(5) (I) A SPEED MONITORING SYS TEM OPERATOR SHALL 3
	239	+	COMPLETE TRAINING BY THE MANUFA CTURER OF THE SPEED MONITORING SYSTEM 4
	240	+	IN THE PROCEDURES FO R SETTING UP , TESTING, AND OPERATING THE SP EED 5
	241	+	MONITORING SYSTEM . 6
242	242
243		-	2. IF THE STATE HIGHWAY ADMINISTRATION ENSURE S 5
244		-	THAT EACH SIGN THAT INDICATES THAT A SPE ED MONITORING SYSTEM IS IN USE IS 6
245		-	PROXIMATE TO A DEVIC E THAT DISPLAYS A RE AL–TIME POSTING OF THE SPEED AT 7
246		-	WHICH A DRIVER IS TR AVELING. ONLY IF, IN ACCORDANCE WITH T HE MARYLAND 8
247		-	MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, A CONSPICUOUS ROAD S IGN IS 9
248		-	PLACED AT A REASONAB LE DISTANCE CONSISTE NT WITH NATIONAL GUI DELINES 10
249		-	BEFORE THE SPEED MON ITORING SYSTEM ALER TING DRIVERS THAT A SPEED 11
250		-	MONITORING SYSTEM MA Y BE IN OPERATION . 12
	243	+	(II) ON COMPLETION OF THE TRAINING, THE MANUFACTURER 7
	244	+	SHALL ISSUE A SIGNED CERTIFICATE TO THE S PEED MONITORING SYST EM 8
	245	+	OPERATOR. 9
251	246
252		-	(II) A SPEED MONITORING SYS TEM OPERATOR NEED NO T BE 13
253		-	PRESENT IN PERSON OR REMOTELY AT THE HIGH WAY CORRIDOR WHERE A SPEED 14
254		-	MONITORING SYSTEM IS IN USE. 15
	247	+	(III) THE CERTIFICATE OF TR AINING SHALL BE ADMI TTED AS 10
	248	+	EVIDENCE IN ANY COUR T PROCEEDING FOR A V IOLATION OF THIS SEC TION. 11
255	249
256		-	(4) (I) A SPEED MONITORING SYS TEM OPERATED ON INTERSTATE 16
257		-	695 IN BALTIMORE COUNTY MAY BE USED ON LY TO RECORD THE IMA GES OF 17
258		-	VEHICLES THAT ARE TR AVELING AT SPEEDS AT LEAST 16 12 MILES PER HOUR 18
259		-	ABOVE THE POSTED SPE ED LIMIT. 19
	250	+	(6) A SPEED MONITORING SYS TEM OPERATOR SHALL F ILL OUT AND 12
	251	+	SIGN A DAILY SET–UP LOG FOR A SPEED M ONITORING SYSTEM THA T: 13
260	252
261		-	(II) A SPEED MONITORING SYS TEM OPERATED ON INTERSTATE 20
262		-	83 IN BALTIMORE COUNTY MAY BE USED ON LY TO RECORD THE IMA GES OF 21
263		-	VEHICLES THAT ARE TR AVELING AT SPEEDS AT LEAST 12 MILES PER HOUR ABOVE 22
264		-	THE POSTED SPEED LIM IT. 23
	253	+	(I) STATES THE DATE AND TIM E WHEN AND THE LOCAT ION 14
	254	+	WHERE THE SYSTEM WAS SET UP; 15
265	255
266		-	(5) ~~(I) A~~ SPEED MONITORING ~~SYS TEM OPERATOR SHALL 24~~
267		-	~~COMPLETE TRAINING BY~~ THE ~~MANUFACTURER OF~~ THE ~~SPEED MONITORING SYSTEM 25~~
268		-	IN THE ~~PROCEDURES FO R SETTING UP , TESTING, AND OPERATING THE SP EED 26~~
269		-	~~MONITORING SYSTEM . 27~~
	256	+	(II) STATES THAT THE SPEED MONITORING SYSTEM OP ERATOR 16
	257	+	SUCCESSFULLY PERFORM ED, AND THE DEVICE PASSE D, THE 17
	258	+	MANUFACTURER –SPECIFIED SELF –TESTS OF THE SPEED M ONITORING SYSTEM 18
	259	+	BEFORE PRODUCING A RECORDED IMAGE; 19
270	260
271		-	(II) ON COMPLETION OF THE TRAINING, THE MANUFACTURER 28
272		-	SHALL ISSUE A SIGNED CERTIFICATE TO THE S PEED MONITORING SYST EM 29
273		-	OPERATOR. 30
	261	+	(III) SHALL BE KEPT ON FILE ; AND 20
274	262
275		-	(~~III~~) ~~THE CERTIFICATE OF TRAINING SHA LL~~ BE ADMITTED AS 31
276		-	~~EVIDENCE IN ANY COUR T~~ PROCEEDING FOR A ~~V IOLATION~~ OF THIS ~~SEC TION~~. 32
	263	+	(IV) SHALL BE ADMITTED AS EVIDENCE IN ANY COUR T 21
	264	+	PROCEEDING FOR A VIO LATION OF THIS SECTI ON. 22
277	265
278		-	(6) A SPEED MONITORING SYS TEM OPERATOR SHALL F ILL OUT AND 33
279		-	SIGN A DAILY SET–UP LOG FOR A SPEED M ONITORING SYSTEM THA T: 34
	266	+	(7) (I) A SPEED MONITORING SYS TEM SHALL UNDERGO AN 23
	267	+	ANNUAL CALIBRATION C HECK PERFORMED BY AN INDEPENDENT CALIBRAT ION 24
	268	+	LABORATORY . 25
	269	+
	270	+	(II) THE INDEPENDENT CALIB RATION LABORATORY SH ALL 26
	271	+	ISSUE A SIGNED CERTI FICATE OF CALIBRATIO N AFTER THE ANNUAL C ALIBRATION 27
	272	+	CHECK THAT: 28
	273	+
	274	+	1. SHALL BE KEPT ON FILE ; AND 29
	275	+
	276	+	2. SHALL BE ADMITTED AS EVIDENCE IN ANY COU RT 30
	277	+	PROCEEDING FOR A VIO LATION OF THIS SECTI ON. 31
280	278		SENATE BILL 338 7
281	279
282	280
283		-	(I) STATES THE DATE AND T IME WHEN AND THE LOCAT ION 1
284		-	WHERE THE SYSTEM WAS SET UP; 2
	281	+	(8) THE PROCUREMENT OF A SPEED MONITORING SYS TEM UNDER 1
	282	+	THIS SECTION SHALL B E CONDUCTED IN ACCOR DANCE WITH TITLE 13, SUBTITLE 1 2
	283	+	OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 3
285	284
286		-	(II) STATES THAT THE SPEED MONITORING SYSTEM OP ERATOR 3
287		-	SUCCESSFULLY PERFORM ED, AND THE DEVICE PASSE D, THE 4
288		-	MANUFACTURER –SPECIFIED SELF –TESTS OF THE SPEED M ONITORING SYSTEM 5
289		-	BEFORE PRODUCING A R ECORDED IMAGE; 6
	285	+	(C) (1) UNLESS THE DRIVER OF THE MOTOR VEHICLE RECE IVED A 4
	286	+	CITATION FROM A POLI CE OFFICER AT THE TI ME OF THE VIOLATION , THE OWNER 5
	287	+	OR, IN ACCORDANCE WITH S UBSECTION (F)(4) OF THIS SECTION, THE DRIVER OF A 6
	288	+	MOTOR VEHICLE IS SUB JECT TO A CIVIL PENA LTY IF AN IMAGE OF T HE MOTOR 7
	289	+	VEHICLE IS RECO RDED BY A SPEED MONI TORING SYSTEM IN ACC ORDANCE WITH 8
	290	+	SUBSECTION (B) OF THIS SECTION WHIL E BEING OPERATED IN VIOLATION OF THIS 9
	291	+	SUBTITLE. 10
290	292
291		-	(~~III~~) ~~SHALL BE KEPT ON FILE ; AND 7~~
	293	+	(2) A CIVIL PENALTY UNDER THIS SUBSECTION MAY NOT EXCEED $40. 11
292	294
293		-	(IV) SHALL BE ADMITTED AS EVIDENCE IN ANY COUR T 8
294		-	PROCEEDING FOR A VIO LATION OF THIS SECTI ON. 9
	295	+	(3) FOR PURPOSES OF THIS SECTION, THE DISTRICT COURT SHALL: 12
295	296
296		-	(7) (I) A SPEED MONITORING SYS TEM SHALL UNDERGO AN 10
297		-	ANNUAL CALIBRATION C HECK PERFORMED BY AN INDEPENDENT CALIBRAT ION 11
298		-	LABORATORY . 12
	297	+	(I) PRESCRIBE A UNIFORM C ITATION FORM CONSIST ENT WITH 13
	298	+	SUBSECTION (D)(1) OF THIS SECTION AND § 7–302 OF THE COURTS ARTICLE; AND 14
299	299
300		-	(II) THE ~~INDEPENDENT CALIB RATION LABORATORY SH ALL 13~~
301		-	~~ISSUE A SIGNED CERTI FICATE OF CALIBRATIO N AFTER~~ THE ~~ANNUAL C ALIBRATION 14~~
302		-	~~CHECK THAT:~~ 15
	300	+	(II) INDICATE ON THE CITAT ION THE AMOUNT OF TH E CIVIL 15
	301	+	PENALTY TO BE PAID B Y PERSONS WHO CHOOSE TO PREPAY THE CIVI L PENALTY 16
	302	+	WITHOUT APPEARING IN DISTRICT COURT. 17
303	303
304		-	1. SHALL BE KEPT ON FILE ; AND 16
	304	+	(D) (1) SUBJECT TO THE PROVIS IONS OF PARAGRAPHS (2) THROUGH (4) 18
	305	+	OF THIS SUBSECTION , THE DEPARTMENT OF STATE POLICE OR A CONTRACTO R OF 19
	306	+	THE DEPARTMENT OF STATE POLICE SHALL MAIL TO THE OWNER LIABLE UND ER 20
	307	+	SUBSECTION (C) OF THIS SECTION A CI TATION THAT SHALL IN CLUDE: 21
305	308
306		-	~~2. SHALL BE ADMITTED AS EVIDENCE IN ANY COUR T 17~~
307		-	~~PROCEEDING FOR A V IOLATION OF THIS SEC TION. 18~~
	309	+	(I) THE NAME AND ADDRESS OF THE REGISTERED OW NER OF 22
	310	+	THE VEHICLE; 23
308	311
309		-	(8) THE PROCUREMENT OF A SPEED MONITORING SYS TEM UNDER 19
310		-	THIS SECTION SHALL B E CONDUCTED IN ACCOR DANCE WITH TITLE 13, SUBTITLE 1 20
311		-	OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 21
	312	+	(II) THE REGISTRATION NUMB ER OF THE MOTOR VEHI CLE 24
	313	+	INVOLVED IN THE VIOL ATION; 25
312	314
313		-	(C) (1) UNLESS THE DRIVER OF THE MOTOR VEHICLE RECEIVED A 22
314		-	CITATION FROM A POLI CE OFFICER AT THE TI ME OF THE VIOLATION , THE OWNER 23
315		-	OR, IN ACCORDANCE WITH S UBSECTION (F)(4) OF THIS SECTION, THE DRIVER OF A 24
316		-	MOTOR VEHICLE IS SUB JECT TO A CIVIL PENA LTY IF AN IMAGE OF T HE MOTOR 25
317		-	VEHICLE IS RECORDED BY A SPEED MONITORING SYSTEM IN ACCORDANCE WITH 26
318		-	SUBSECTION (B) OF THIS SECTION WHIL E BEING OPERATED IN VIOLATION OF THIS 27
319		-	SUBTITLE. 28
	315	+	(III) THE VIOLATION CHARGED ; 26
320	316
321		-	(2) ~~A CIVIL PENALTY UNDER THIS SUBSECTION MAY NOT EXCEED $40. 29~~
	317	+	(IV) THE LOCATION WHERE THE V IOLATION OCCURRED ; 27
322	318
323		-	(3) ~~FOR PURPOSES~~ OF ~~THIS SECTION,~~ THE ~~DISTRICT COURT SHALL: 30~~
	319	+	(V) THE DATE AND TIME OF THE VIOLATION; 28
324	320
325		-	(I) PRESCRIBE A UNIFORM C ITATION FORM CONSIST ENT WITH 31
326		-	SUBSECTION (D)(1) OF THIS SECTION AND § 7–302 OF THE COURTS ARTICLE; AND 32 8 SENATE BILL 338
	321	+	(VI) AT LEAST ONE RECORDED IMAGE OF THE VEHICLE WITH A 29
	322	+	DATA BAR IMPRINTED O N EACH IMAGE THAT IN CLUDES THE SPEED OF THE VEHICLE 30
	323	+	AND THE DATE AND TIM E THE IMAGE WAS RECO RDED; 31
	324	+	8 SENATE BILL 338
	325	+
	326	+
	327	+	(VII) THE AMOUNT OF THE CIV IL PENALTY IMPOSED A ND THE 1
	328	+	DATE BY WHICH THE CI VIL PENALTY SHOULD B E PAID; 2
	329	+
	330	+	(VIII) A SIGNED STATEMENT BY A POLICE OFFICER EMP LOYED BY 3
	331	+	THE DEPARTMENT OF STATE POLICE OR A CONTRACTO R OF THE DEPARTMENT OF 4
	332	+	STATE POLICE THAT, BASED ON INSPECTION OF RECORDED IMAGES , THE MOTOR 5
	333	+	VEHICLE WAS BEING OP ERATED IN VIOLATION OF THIS SUBTITLE; 6
	334	+
	335	+	(IX) A STATEMENT THAT RECOR DED IMAGES ARE EVIDE NCE OF 7
	336	+	A VIOLATION OF THIS SUBTITLE; 8
	337	+
	338	+	(X) INFORMATION ADVISING THE PERSON ALLEGED T O BE 9
	339	+	LIABLE UNDER THIS SECTI ON OF THE MANNER AND TIME IN WHICH LIABIL ITY AS 10
	340	+	ALLEGED IN THE CITAT ION MAY BE CONTESTED IN THE DISTRICT COURT; AND 11
	341	+
	342	+	(XI) INFORMATION ADVISING THE PERSON ALLEGED T O BE 12
	343	+	LIABLE UNDER THIS SE CTION THAT FAILURE T O PAY THE CIVIL PENA LTY OR TO 13
	344	+	CONTEST LIABILITY IN A TIMELY MANNER : 14
	345	+
	346	+	1. IS AN ADMISSION OF LI ABILITY; 15
	347	+
	348	+	2. MAY RESULT IN THE REF USAL TO REGISTER THE 16
	349	+	MOTOR VEHICLE ; AND 17
	350	+
	351	+	3. MAY RESULT IN THE SUS PENSION OF THE MOTOR 18
	352	+	VEHICLE REGISTRATION . 19
	353	+
	354	+	(2) THE DEPARTMENT OF STATE POLICE SHALL MAIL A WAR NING 20
	355	+	NOTICE INSTEAD OF A CITATION TO THE OWNE R LIABLE UNDER SUBSE CTION (C) OF 21
	356	+	THIS SECTION DURING THE FIRST 90 DAYS THAT THE SPEED MONITORING SYSTEM 22
	357	+	IS IN OPERATION. 23
	358	+
	359	+	(3) EXCEPT AS PROVIDED IN SUBSECTION (F)(4) OF THIS SECTION , 24
	360	+	THE DEPARTMENT OF STATE POLICE MAY NOT MAIL A CITATION TO A PERSON WHO 25
	361	+	IS NOT AN OWNER . 26
	362	+
	363	+	(4) EXCEPT AS PROVIDED IN SUBSECTION (F)(4) OF THIS SECTION, A 27
	364	+	CITATION ISSUED UNDE R THIS SECTION SHALL BE MAILED NOT LATER THAN 2 28
	365	+	WEEKS AFTER THE ALLE GED VIOLATION IF T HE VEHICLE IS REGIST ERED IN THE 29
	366	+	STATE, AND NOT LATER THAN 30 DAYS AFTER THE ALLEG ED VIOLATION IF THE 30
	367	+	VEHICLE IS REGISTERE D IN ANOTHER STATE . 31
	368	+
	369	+	(5) A PERSON WHO RECEIVES A CITATION UNDER PAR AGRAPH (1) OF 32
	370	+	THIS SUBSECTION MAY : 33 SENATE BILL 338 9
327	371
328	372
329	373
330		-	(II) INDICATE ON THE CITAT ION THE AMOUNT OF TH E CIVIL 1
331		-	PENALTY TO BE PAID B Y PERSONS WHO CHOOSE TO PREPAY THE CIVIL PENALTY 2
332		-	WITHOUT APPEARING IN DISTRICT COURT. 3
	374	+	(I) PAY THE CIVIL PENALTY IN ACCORDANCE WITH 1
	375	+	INSTRUCTIONS ON THE CITATION; OR 2
333	376
334		-	(D) (1) SUBJECT TO THE PROVIS IONS OF PARAGRAPHS (2) THROUGH (4) 4
335		-	OF THIS SUBSECTION , THE DEPARTMENT OF STATE POLICE OR A CONTRACTO R OF 5
336		-	THE DEPARTMENT OF STATE POLICE SHALL MAIL TO THE OWNER LIABLE UND ER 6
337		-	SUBSECTION (C) OF THIS SECTION A CITAT ION THAT SHALL INCLU DE: 7
	377	+	(II) ELECT TO STAND TRIAL IN THE DISTRICT COURT FOR THE 3
	378	+	ALLEGED VIOLATION . 4
338	379
339		-	(I) THE NAME AND ADDRESS OF THE REGISTERED OW NER OF 8
340		-	THE VEHICLE; 9
	380	+	(E) (1) A CERTIFICATE ALLEGING THAT THE VIOLATION O F THIS 5
	381	+	SUBTITLE OCCURRED AN D THE REQUIREMENTS U NDER SUBSECTION (B) OF THIS 6
	382	+	SECTION HAVE BEEN SA TISFIED, SWORN TO, OR AFFIRMED BY AN OF FICER OF THE 7
	383	+	DEPARTMENT OF STATE POLICE, BASED ON INSPECTION OF RECORDED IMAGES 8
	384	+	PRODUCED BY A SPEED MONITORING SYSTEM , SHALL BE EVIDENCE OF THE FACTS 9
	385	+	CONTAINED IN THE CER TIFICATE AND SHALL B E ADMISSIBLE IN A PROCEE DING 10
	386	+	ALLEGING A VIOLATION UNDER THIS SECTION W ITHOUT THE PRESENCE OR 11
	387	+	TESTIMONY OF THE SPE ED MONITORING SYSTEM OPERATOR WHO PERFORM ED THE 12
	388	+	REQUIREMENTS UNDER S UBSECTION (B) OF THIS SECTION. 13
341	389
342		-	(II) THE REGISTRATION NUMB ER OF THE MOTOR VEHI CLE 10
343		-	INVOLVED IN THE VIOL ATION; 11
	390	+	(2) IF A PERSON WHO RECEI VED A CITATION UNDER SUBSECTION (D) 14
	391	+	OF THIS SECTION DESI RES A SPEED MONITORI NG SYSTEM OPERATOR T O BE 15
	392	+	PRESENT AND TESTIFY AT TRIAL, THE PERSON SHALL NOT IFY THE COURT AND TH E 16
	393	+	DEPARTMENT OF STATE POLICE IN WRITING NOT LATER THAN 20 DAYS BEFORE 17
	394	+	TRIAL. 18
344	395
345		-	(III) THE VIOLATION CHARGED ; 12
	396	+	(3) ADJUDICATION OF LIABI LITY SHALL BE BASED ON A 19
	397	+	PREPONDERANCE OF EVI DENCE. 20
346	398
347		-	(IV) THE LOCATION WHERE T HE VIOLATION OCCURRE D; 13
	399	+	(F) (1) THE DISTRICT COURT MAY CONSIDER IN DEFENSE OF A 21
	400	+	VIOLATION: 22
348	401
349		-	(V) THE DATE AND TIME OF THE VIOLATION; 14
	402	+	(I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THAT 23
	403	+	THE MOTOR VEHICLE OR THE REGISTRATION PLA TES OF THE MOTOR VEH ICLE WERE 24
	404	+	STOLEN BEFORE THE VIOLATION OCCURRED AND WERE NO T UNDER THE CONTROL 25
	405	+	OR POSSESSION OF THE VEHICLE OWNER AT THE TIME OF THE VIOLATIO N; 26
350	406
351		-	(VI) ~~AT LEAST ONE RECORDED IMAGE~~ OF ~~THE VEHICLE WITH A 15~~
352		-	~~DATA BAR IMPRINTED O N EACH IMAGE~~ THAT IN ~~CLUDES~~ THE ~~SPEED OF~~ THE ~~VEHICLE 16~~
353		-	~~AND~~ THE ~~DATE~~ AND ~~TIM E THE IMAGE WAS RECO RDED; 17~~
	407	+	(II) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 27
	408	+	EVIDENCE THAT THE PE RSON NAMED IN THE CI TATION WAS NOT OPERA TING THE 28
	409	+	VEHICLE AT THE TIME OF THE VIOLATION; AND 29
354	410
355		-	(~~VII~~) THE ~~AMOUNT OF THE CIVI L PENALTY IMPOSED AN D THE 18~~
356		-	~~DATE BY WHICH THE CI VIL PENALTY SHOULD B E PAID; 19~~
	411	+	(III) ANY OTHER ISSUES AND EVIDENCE THAT THE DISTRICT 30
	412	+	COURT DEEMS PERTINENT . 31
357	413
358		-	(VIII) A SIGNED STATEMENT BY A POLICE OFFICER EMP LOYED BY 20
359		-	THE DEPARTMENT OF STATE POLICE OR A CONTRACTO R OF THE DEPARTMENT OF 21
360		-	STATE POLICE THAT, BASED ON INSPECTION OF RECORD ED IMAGES, THE MOTOR 22
361		-	VEHICLE WAS BEING OP ERATED IN VIOLATION OF THIS SUBTITLE; 23
362		-
363		-	(IX) A STATEMENT THAT RECOR DED IMAGES ARE EVIDE NCE OF 24
364		-	A VIOLATION OF THIS SUBTITLE; 25
365		-
366		-	(X) INFORMATION ADVISING THE PERSON ALLEGED T O BE 26
367		-	LIABLE UNDER TH IS SECTION OF THE MA NNER AND TIME IN WHI CH LIABILITY AS 27
368		-	ALLEGED IN THE CITAT ION MAY BE CONTESTED IN THE DISTRICT COURT; AND 28
369		-
370		-	(XI) INFORMATION ADVISING THE PERSON ALLEGED T O BE 29
371		-	LIABLE UNDER THIS SE CTION THAT FAILURE T O PAY THE CIVIL PENA LTY OR TO 30
372		-	CONTEST LIABILITY IN A TIMEL Y MANNER: 31 SENATE BILL 338 9
	414	+	(2) TO DEMONSTRATE THAT T HE MOTOR VEHICLE OR THE 32
	415	+	REGISTRATION PLATES WERE STOLEN BEFORE T HE VIOLATION OCCURRE D AND 33
	416	+	WERE NOT UNDER THE C ONTROL OR POSSESSION OF THE OWNER AT THE TIME OF 34 10 SENATE BILL 338
373	417
374	418
	419	+	THE VIOLATION , THE OWNER SHALL SUBM IT PROOF THAT A POLI CE REPORT 1
	420	+	REGARDING THE STOLEN MOTOR VEHICLE OR REG ISTRATION PLATES WAS FILED IN 2
	421	+	A TIMELY MANNER . 3
375	422
376		-	1. IS AN ADMISSION OF LI ABILITY; 1
	423	+	(3) TO SATISFY THE EVIDEN TIARY BURDEN UNDER PARAGRAPH 4
	424	+	(1)(II) OF THIS SUBSECTION , THE PERSON NAMED IN THE CITATION SHALL P ROVIDE 5
	425	+	TO THE DISTRICT COURT A LETTER , SWORN TO OR AFFIRMED BY THE PERSON AND 6
	426	+	MAILED BY CERTIFIED MAIL, RETURN RECEIPT REQUE STED, THAT: 7
377	427
378		-	~~2. MAY RESULT~~ IN ~~THE REF USAL TO REGISTER THE 2~~
379		-	~~MOTOR VEHICLE~~ ; AND 3
	428	+	(I) STATES THAT THE PERSO N NAMED IN TH E CITATION WAS 8
	429	+	NOT OPERATING THE VE HICLE AT THE TIME OF THE VIOLATION; AND 9
380	430
381		-	3. MAY RESULT IN THE SUS PENSION OF THE MOTOR 4
382		-	VEHICLE REGISTRATION . 5
	431	+	(II) INCLUDES ANY OTHER CO RROBORATING EVIDENCE . 10
383	432
384		-	(2) THE DEPARTMENT OF STATE POLICE SHALL MAIL A WARNING 6
385		-	NOTICE INSTEAD OF A CITATION TO THE OWNE R LIABLE UNDER SUBSE CTION (C) OF 7
386		-	THIS SECTION DURING THE FIRST 90 DAYS THAT THE SPEED MONITORING SYSTEM 8
387		-	IS IN OPERATION. 9
	433	+	(4) (I) IF THE DISTRICT COURT FINDS THAT THE PERSON NAMED 11
	434	+	IN THE CITATION WAS NOT OPERATING THE VE HICLE AT THE TIME OF THE 12
	435	+	VIOLATION OR RECEIVES E VIDENCE UNDER PARAGR APH (3) OF THIS SUBSECTION 13
	436	+	IDENTIFYING THE PERS ON DRIVING THE VEHIC LE AT THE TIME OF TH E VIOLATION, 14
	437	+	THE CLERK OF THE COU RT MAY PROVIDE TO TH E DEPARTMENT OF STATE POLICE 15
	438	+	A COPY OF ANY EVIDEN CE SUBSTANTIATING WH O WAS OPERATING THE VEHICLE AT 16
	439	+	THE TIME OF THE VIOL ATION. 17
388	440
389		-	(3) EXCEPT AS PROVIDED IN SUBSECTION (F)(4) OF THIS SECTION , 10
390		-	THE DEPARTMENT O F STATE POLICE MAY NOT MAIL A CITATION TO A PERSON WHO 11
391		-	IS NOT AN OWNER . 12
	441	+	(II) ON RECEIPT OF SUBSTAN TIATING EVIDENCE FRO M THE 18
	442	+	DISTRICT COURT UNDER SUBPARAGR APH (I) OF THIS PARAGRAPH , THE 19
	443	+	DEPARTMENT OF STATE POLICE MAY ISSUE A CI TATION AS PROVIDED I N 20
	444	+	SUBSECTION (D) OF THIS SECTION TO THE PERSON WHO THE EVIDENCE IND ICATES 21
	445	+	WAS OPERATING THE VE HICLE AT THE TIME OF THE VIOLATION. 22
392	446
393		-	(4) EXCEPT AS PROVIDED IN SUBSECTION (F)(4) OF THIS SECTION, A 13
394		-	CITATION ISSUED UNDE R THIS SECTION SHALL BE MAILED NOT LATER THAN 2 14
395		-	WEEKS AFTER THE ALLE GED VIOLATION IF THE VEHICLE IS REGISTERED IN THE 15
396		-	STATE, AND NOT LATER THAN 30 DAYS AFTER THE ALLEG ED VIOLATION IF THE 16
397		-	VEHICLE IS REGISTERE D IN ANOTHER STATE . 17
	447	+	(III) ANY CITATION ISSUED U NDER SUBPARAGRAPH (II) OF THIS 23
	448	+	PARAGRAPH SHALL BE M AILED NOT LATER THAN 2 WEEKS AFTER RECEIPT OF THE 24
	449	+	EVIDENCE FROM THE DISTRICT COURT. 25
398	450
399		-	(5) A PERSON ~~WHO RECEIVES A CITATION UNDER PAR AGRAPH (1) OF 18~~
400		-	~~THIS SUBSECTION~~ MAY : 19
	451	+	(G) IF A PERSON LIABLE UN DER THIS SECTION DOE S NOT PAY THE CIVIL 26
	452	+	PENALTY OR CONTEST T HE VIOLATION, THE ADMINISTRATION MAY : 27
401	453
402		-	(I) ~~PAY~~ THE ~~CIVIL PENALTY IN ACCORDANCE WITH 20~~
403		-	~~INSTRUCTIONS ON~~ THE ~~CITATION~~; OR 21
	454	+	(1) REFUSE TO REGISTER OR REREGISTER THE REGIS TRATION OF 28
	455	+	THE MOTOR VEHICLE CI TED FOR THE VIOLATIO N; OR 29
404	456
405		-	(II) ~~ELECT TO STAND TRIAL IN~~ THE ~~DISTRICT COURT~~ FOR ~~THE 22~~
406		-	~~ALLEGED~~ VIOLATION . 23
	457	+	(2) SUSPEND THE REGISTRATI ON OF THE MOTOR VEHI CLE CITED FOR 30
	458	+	THE VIOLATION. 31
407	459
408		-	(E) (1) A CERTIFICATE ALLEGING THAT THE VIOLATION O F THIS 24
409		-	SUBTITLE OCCURRED AN D THE REQUIREMENTS U NDER SUBSECTION (B) OF THIS 25
410		-	SECTION HAVE BEEN SATISFIED , SWORN TO, OR AFFIRMED BY AN OF FICER OF THE 26
411		-	DEPARTMENT OF STATE POLICE, BASED ON INSPECTION OF RECORDED IMAGES 27
412		-	PRODUCED BY A SPEED MONITORING SYSTEM , SHALL BE EVIDENCE OF THE FACTS 28
413		-	CONTAINED IN THE CER TIFICATE AND SHALL B E ADMISSIBLE IN A PROCEEDING 29
414		-	ALLEGING A VIOLATION UNDER THIS SECTION W ITHOUT THE PRESENCE OR 30
415		-	TESTIMONY OF THE SPE ED MONITORING SYSTEM OPERATOR WHO PERFORM ED THE 31
416		-	REQUIREMENTS UNDER S UBSECTION (B) OF THIS SECTION. 32
417		-	10 SENATE BILL 338
	460	+	(H) A VIOLATION FOR WHICH A CIVIL PENALTY IS I MPOSED UNDER THIS 32
	461	+	SECTION: 33
	462	+	SENATE BILL 338 11
418	463
419	464
420		-	(2) IF A PERSON WHO RECEI VED A CITATION UNDER SUBSECTION (D) 1
421		-	OF THIS SECTION DESI RES A SPEED MONITORI NG SYSTEM OPERATOR T O BE 2
422		-	PRESENT AND TESTIFY AT TRIAL, THE PERSON SHALL NOT IFY THE COURT AND TH E 3
423		-	DEPARTMENT OF STATE POLICE IN WRITING NOT LATER THAN 20 DAYS BEFORE 4
424		-	TRIAL. 5
	465	+	(1) IS NOT A MOVING VIOLA TION FOR THE PURPOSE OF ASSESSING 1
	466	+	POINTS UNDER § 16–402 OF THIS ARTICLE; 2
425	467
426		-	(3) ~~ADJUDICATION OF LIABI LITY SHALL~~ BE ~~BASED~~ ON ~~A 6~~
427		-	~~PREPONDERANCE~~ OF ~~EVI DENCE.~~ 7
	468	+	(2) MAY NOT BE RECORDED BY T HE ADMINISTRATION ON THE 3
	469	+	DRIVING RECORD OF TH E OWNER OR DRIVER OF THE VEHICLE; 4
428	470
429		-	(F) ~~(1) THE DISTRICT COURT~~ MAY ~~CONSIDER IN DEFENSE~~ OF ~~A 8~~
430		-	~~VIOLATION: 9~~
	471	+	(3) MAY BE TREATED AS A P ARKING VIOLATION FOR PURPOSES OF § 5
	472	+	26–305 OF THIS ARTICLE; AND 6
431	473
432		-	(I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THAT 10
433		-	THE MOTOR VEHICLE OR THE REGISTRATION PLA TES OF THE MOTOR VEH ICLE WERE 11
434		-	STOLEN BEFORE THE VIOLATION OCCURRED A ND WERE NOT UNDER TH E CONTROL 12
435		-	OR POSSESSION OF THE VEHICLE OWNER AT THE TIME OF THE VIOLATIO N; 13
	474	+	(4) MAY NOT BE CONSIDERED IN THE PROVISION OF MOTOR VEHICLE 7
	475	+	INSURANCE COVERAGE . 8
436	476
437		-	(II) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 14
438		-	EVIDENCE THAT THE PE RSON NAMED IN THE CI TATION WAS NOT OPERA TING THE 15
439		-	VEHICLE AT THE TI ME OF THE VIOLATION ; AND 16
	477	+	(I) IN CONSULTATION WITH THE DEPARTMENT OF STATE POLICE, THE 9
	478	+	CHIEF JUDGE OF THE DISTRICT COURT SHALL ADOPT PRO CEDURES FOR THE 10
	479	+	ISSUANCE OF CITATION S, THE TRIAL OF CIVIL V IOLATIONS, AND THE COLLECTION 11
	480	+	OF CIVIL PENALTIES U NDER THIS SECTION . 12
440	481
441		-	(III) ANY OTHER ISSUES AND EVIDENCE THAT THE DISTRICT 17
442		-	COURT DEEMS PERTINENT . 18
	482	+	(J) (1) THE DEPARTMENT OF STATE POLICE OR A CONTRACTO R 13
	483	+	DESIGNATED BY THE DEPARTMENT OF STATE POLICE SHALL ADMINIST ER AND 14
	484	+	PROCESS CIVIL CITATI ONS ISSUED UNDER THI S SECTION IN COORDIN ATION WITH 15
	485	+	THE DISTRICT COURT. 16
443	486
444		-	(2) TO DEMONSTRATE THAT T HE MOTOR VEHICLE OR THE 19
445		-	REGISTRATION PLATES WERE STOLEN BEFORE T HE VIOLATION OCCURRE D AND 20
446		-	WERE NOT UNDER THE C ONTROL OR PO SSESSION OF THE OWNE R AT THE TIME OF 21
447		-	THE VIOLATION , THE OWNER SHALL SUBM IT PROOF THAT A POLI CE REPORT 22
448		-	REGARDING THE STOLEN MOTOR VEHICLE OR REG ISTRATION PLATES WAS FILED IN 23
449		-	A TIMELY MANNER . 24
	487	+	(2) IF A CONTRACTOR PROVI DES, DEPLOYS, OR OPERATES A SPEED 17
	488	+	MONITORING SYSTEM FO R THE DEPARTMENT OF STATE POLICE OR THE STATE 18
	489	+	HIGHWAY ADMINISTRATION , THE CONTRACTOR ’S FEE MAY NOT BE CON TINGENT ON 19
	490	+	THE NUMBER OF CITATI ONS ISSUED OR PAID . 20
450	491
451		-	(3) ~~TO SATISFY~~ THE ~~EVIDEN TIARY BURDEN UNDER P ARAGRAPH 25~~
452		-	~~(1)(II) OF THIS SUBSECTION , THE PERSON NAMED IN THE CITATION~~ SHALL ~~P ROVIDE 26~~
453		-	~~TO THE DISTRICT COURT A LETTER , SWORN TO OR AFFIRMED BY THE PERSON~~ AND 27
454		-	~~MAILED BY CERTIFIED MAIL,~~ ~~RETURN RECEIPT REQUE STED, THAT: 28~~
	492	+	(K) THE DEPARTMENT OF STATE POLICE AND THE STATE HIGHWAY 21
	493	+	ADMINISTRATION JOINTL Y SHALL ADOPT REGULA TIONS ESTABLISHING 22
	494	+	STANDARDS AND PROCED URES FOR SPEED MONIT ORING SYSTEMS AUTHOR IZED 23
	495	+	UNDER THIS SECTION . 24
455	496
456		-	(I) STATES THAT THE PERSO N NAMED IN THE CITAT ION WAS 29
457		-	NOT OPERATING THE VEHICL E AT THE TIME OF THE VIOLATION; AND 30
	497	+	SECTION 2. AND BE IT FURTHER ENACTED, That: 25
458	498
459		-	(II) INCLUDES ANY OTHER CO RROBORATING EVIDENCE . 31
	499	+	(a) On or before June 1, 2030, the State Highway Administration shall submit a 26
	500	+	report to the Governor and, in accordance with § 2–1257 of the State Government Article, 27
	501	+	the General Assembly, on the speed monitoring systems placed on Interstate 695 and 28
	502	+	Interstate 83 in Baltimore County in accordance with § 21–811 of the Transportation 29
	503	+	Article as enacted by Section 1 of this Act. 30
460	504
461		-	(4) (I) IF THE DISTRICT COURT FINDS THAT THE PERSON NAMED 32
462		-	IN THE CITATION WAS NOT OPERATING THE VE HICLE AT THE TIME OF THE 33
463		-	VIOLATION OR RECEIVE S EVIDENCE UNDER PARAG RAPH (3) OF THIS SUBSECTION 34 SENATE BILL 338 11
	505	+	(b) The report required under subsection (a) of this section shall include: 31
464	506
465		-
466		-	IDENTIFYING THE PERS ON DRIVING THE VEHIC LE AT THE TIME OF TH E VIOLATION, 1
467		-	THE CLERK OF THE COU RT MAY PROVIDE TO TH E DEPARTMENT OF STATE POLICE 2
468		-	A COPY OF ANY EVIDEN CE SUBSTANTIATING WH O WAS OPERATING THE VEHICLE AT 3
469		-	THE TIME OF THE VIOL ATION. 4
470		-
471		-	(II) ON RECEIPT OF SUBSTAN TIATING EVIDENCE FRO M THE 5
472		-	DISTRICT COURT UNDER SUBPARAGR APH (I) OF THIS PARAGRAPH , THE 6
473		-	DEPARTMENT OF STATE POLICE MAY ISSUE A CI TATION AS PROVIDED I N 7
474		-	SUBSECTION (D) OF THIS SECTION TO T HE PERSON WHO THE EVIDENCE IND ICATES 8
475		-	WAS OPERATING THE VE HICLE AT THE TIME OF THE VIOLATION. 9
476		-
477		-	(III) ANY CITATION ISSUED U NDER SUBPARAGRAPH (II) OF THIS 10
478		-	PARAGRAPH SHALL BE M AILED NOT LATER THAN 2 WEEKS AFTER RECEIPT OF THE 11
479		-	EVIDENCE FROM THE DISTRICT COURT. 12
480		-
481		-	(G) IF A PERSON LIABLE UN DER THIS SECTION DOE S NOT PAY THE CIVIL 13
482		-	PENALTY OR CONTEST T HE VIOLATION, THE ADMINISTRATION MAY : 14
483		-
484		-	(1) REFUSE TO REGISTER OR REREGISTER THE REGIS TRATION OF 15
485		-	THE MOTOR VEHICLE CI TED FOR THE VIOLATIO N; OR 16
486		-
487		-	(2) SUSPEND THE REGISTRAT ION OF THE MOTOR VEHICLE CITED FOR 17
488		-	THE VIOLATION. 18
489		-
490		-	(H) A VIOLATION FOR WHICH A CIVIL PENALTY IS I MPOSED UNDER THIS 19
491		-	SECTION: 20
492		-
493		-	(1) IS NOT A MOVING VIOLA TION FOR THE PURPOSE OF ASSESSING 21
494		-	POINTS UNDER § 16–402 OF THIS ARTICLE; 22
495		-
496		-	(2) MAY NOT BE RECORDED B Y THE ADMINISTRATION ON THE 23
497		-	DRIVING RECORD OF TH E OWNER OR DRIVER OF THE VEHICLE; 24
498		-
499		-	(3) MAY BE TREATED AS A P ARKING VIOLATION FOR PURPOSES OF § 25
500		-	26–305 OF THIS ARTICLE; AND 26
501		-
502		-	(4) MAY NOT BE CONSIDERED IN THE PROVISION OF MOTOR VEHICLE 27
503		-	INSURANCE COVERAGE . 28
504		-
505		-	(I) IN CONSULTATION WITH THE DEPARTMENT OF STATE POLICE, THE 29
506		-	CHIEF JUDGE OF THE DISTRICT COURT SHALL ADOPT PRO CEDURES FOR THE 30
507		-	ISSUANCE OF CITATION S, THE TRIAL OF CIVIL V IOLATIONS, AND THE COLLECTION 31
508		-	OF CIVIL PENALTIES U NDER THIS SECTION . 32
	507	+	(1) any changes since the implementation of speed monitoring systems 32
	508	+	under Section 1 of this Act in: 33
509	509		12 SENATE BILL 338
510	510
511	511
512		-	(J) (1) THE DEPARTMENT OF STATE POLICE OR A CONTRACTO R 1
513		-	DESIGNATED BY THE DEPARTMENT OF STATE POLICE SHALL ADMINIST ER AND 2
514		-	PROCESS CIVIL CITATI ONS ISSUED UNDER THI S SECTION IN COORDIN ATION WITH 3
515		-	THE DISTRICT COURT. 4
	512	+	(i) accident and fatality rates on Interstate 695 and Interstate 83 in 1
	513	+	Baltimore County; and 2
516	514
517		-	(2) IF A CONTRACTOR PROVI DES, DEPLOYS, OR OPERATES A SPEED 5
518		-	MONITORING SYSTEM FOR THE DEPARTMENT OF STATE POLICE OR THE STATE 6
519		-	HIGHWAY ADMINISTRATION , THE CONTRACTOR ’S FEE MAY NOT BE CON TINGENT ON 7
520		-	THE NUMBER OF CITATI ONS ISSUED OR PAID . 8
	515	+	(ii) the number of repeat violations recorded by speed monitoring 3
	516	+	systems; 4
521	517
522		-	(K) THE DEPARTMENT OF STATE POLICE AND THE STATE HIGHWAY 9
523		-	ADMINISTRATION JOINTL Y SHALL ADOPT REGULATI ONS ESTABLISHING 10
524		-	STANDARDS AND PROCED URES FOR SPEED MONIT ORING SYSTEMS AUTHOR IZED 11
525		-	UNDER THIS SECTION . 12
	518	+	(2) any measurable improvements in driver awareness and compliance 5
	519	+	with posted speed limits at areas on Interstate 695 and Interstate 83 in Baltimore County 6
	520	+	where speed monitoring systems are operated; 7
526	521
527		-	21–809. 13
	522	+	(3) any unintended consequences including traffic congestion or an 8
	523	+	increase in the use of alternative routes; 9
528	524
529		-	(a) (1) In this section the following words have the meanings indicated. 14
	525	+	(4) the gross revenue collected as a result of violations enforced by the 10
	526	+	speed monitoring systems; 11
530	527
531		-	(2) ~~“Agency” means~~: 15
	528	+	(5) the percentage of the gross revenue collected that has been used: 12
532	529
533		-	(i) A law enforcement agency of a local political subdivision that is 16
534		-	authorized to issue a citation for a violation of the Maryland Vehicle Law or of local traffic 17
535		-	laws or regulations; [or] 18
	530	+	(i) to recover the cost of implementing and administering the speed 13
	531	+	monitoring systems; and 14
536	532
537		-	(ii) For a municipal corporation that does not maintain a police force, 19
538		-	an agency established or designated by the municipal corporation to implement this subtitle 20
539		-	using speed monitoring systems in accordance with this section; OR 21
	533	+	(ii) for public safety purposes, including pedestrian or highway 15
	534	+	safety programs; 16
540	535
541		-	(~~III~~) ~~FOR~~ SPEED ~~MONITORING SYSTEMS PLACED AND U SED ON 22~~
542		-	~~INTERSTATE 83 IN BALTIMORE COUNTY OR INTERSTATE 695 IN BALTIMORE 23~~
543		-	~~COUNTY, THE STATE HIGHWAY ADMINISTRATION . 24~~
	536	+	(6) whether revenue collected as a result of violations enforced by the speed 17
	537	+	monitoring systems has been sufficient to cover the costs specified under paragraph (5)(i) 18
	538	+	and (ii) of this subsection; 19
544	539
545		-	(3) (i) “Erroneous violation” means a potential violation submitted by a 25
546		-	speed monitoring system contractor for review by an agency that is apparently inaccurate 26
547		-	based on a technical variable that is under the control of the contractor. 27
	540	+	(7) how funds have been used for public safety purposes on Interstate 695 20
	541	+	and Interstate 83 in Baltimore County; 21
548	542
549		-	(ii) “Erroneous violation” includes a potential violation based on: 28
	543	+	(8) whether revenue collected has been supplemental to, and has not 22
	544	+	supplanted, existing State and local funds allocated for transportation; 23
550	545
551		-	1. A recorded image of a registration plate that does not 29
552		-	match the registration plate issued for the motor vehicle in the recorded image; 30
	546	+	(9) the percentage of issued citations that have been contested; 24
553	547
554		-	2. A recorded image that shows a stopped vehicle or no 31
555		-	progression; 32
	548	+	(10) the percentage of contested citations that were overturned or reduced; 25
	549	+
	550	+	(11) whether citations have consistently been issued within the time frames 26
	551	+	required under § 21–811(d)(4) of the Transportation Article, as enacted by Section 1 of this 27
	552	+	Act, and any required maintenance, calibration, and certification checks have been 28
	553	+	documented and performed as scheduled; 29
	554	+
	555	+	(12) whether there has been any pattern of citation errors or disputes 30
	556	+	regarding vehicle identification; 31
556	557		SENATE BILL 338 13
557	558
558	559
559		-	3. An incorrectly measured speed for a motor vehicle; 1
	560	+	(13) whether speed monitoring systems have been consistently maintained 1
	561	+	and calibrated in accordance with § 21–811(b)(7) of the Transportation Article, as enacted 2
	562	+	by Section 1 of this Act; 3
560	563
561		-	4. A measured speed of a motor vehicle that is below the 2
562		-	threshold speed that would subject the owner to a civil citation under this section; 3
	564	+	(14) whether the locations that have been identified as being at high risk for 4
	565	+	motor vehicle crashes that result in serious bodily injury or death have changed since the 5
	566	+	implementation of the speed monitoring systems; 6
563	567
564		-	5. A ~~recorded image that was taken outside~~ of ~~the hours and 4~~
565		-	~~days that speed monitoring systems are authorized for use~~ in ~~school zones~~; ~~and 5~~
	568	+	(15) whether speed monitoring systems have been relocated as a result of 7
	569	+	any changes under item (14) of this subsection, or any changes in traffic patterns; 8
566	570
567		-	6. A recorded image that was taken by a speed monitoring 6
568		-	system with an expired calibration certificate. 7
	571	+	(16) whether the speed limit thresholds under § 21–811(b)(4) of the 9
	572	+	Transportation Article, as enacted by Section 1 of this Act have effectively influenced driver 10
	573	+	behavior; 11
569	574
570		-	(4) ~~(i) “Owner” means the registered owner of a motor vehicle~~ or ~~a lessee 8~~
571		-	~~of a motor vehicle under a lease of 6 months or more. 9~~
	575	+	(17) any issues with speed monitoring system visibility, signage, or 12
	576	+	technical malfunctions; 13
572	577
573		-	(ii) “Owner” does not include: 10
	578	+	(18) whether there have been any formal complaints or legal challenges to 14
	579	+	the implementation of speed monitoring systems under Section 1 of this Act; 15
574	580
575		-	1. A motor vehicle rental or leasing company; or 11
	581	+	(19) any privacy or data security concerns that have arisen from the 16
	582	+	handling of recorded images or citation data; 17
576	583
577		-	2. A holder of a special registration plate issued under Title 12
578		-	13, Subtitle 9, Part III of this article. 13
	584	+	(20) any significant delays in processing citations or appeals; 18
579	585
580		-	(5) “Program administrator” means an employee or a representative of the 14
581		-	local jurisdiction OR THE STATE HIGHWAY ADMINISTRATION designated by the local 15
582		-	jurisdiction OR THE STATE HIGHWAY ADMINISTRATION to oversee a contract with a 16
583		-	speed monitoring system contractor. 17
	586	+	(21) whether any public safety improvements intended to be funded as a 19
	587	+	result of violations enforced by the speed monitoring systems have been completed on 20
	588	+	schedule and within budget; and 21
584	589
585		-	(6) “Recorded image” means an image recorded by a speed monitoring 18
586		-	system: 19
	590	+	(22) any disparities in the number of citations issued as a result of violations 22
	591	+	enforced by the speed monitoring systems on different communities or demographic groups 23
	592	+	in the State. 24
587	593
588		-	(i) On: 20
	594	+	SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
	595	+	June 1, 2025. It shall remain effective for a period of 5 years and 1 month and, at the end 26
	596	+	of June 30, 2030, this Act, with no further action required by the General Assembly, shall 27
	597	+	be abrogated and of no further force and effect. 28
589	598
590		-	1. A photograph; 21
591		-
592		-	2. A microphotograph; 22
593		-
594		-	3. An electronic image; 23
595		-
596		-	4. Videotape; or 24
597		-
598		-	5. Any other medium; and 25
599		-
600		-	(ii) Showing: 26
601		-
602		-	1. The rear of a motor vehicle; 27
603		-
604		-	2. At least two time–stamped images of the motor vehicle that 28
605		-	include the same stationary object near the motor vehicle; and 29 14 SENATE BILL 338
606		-
607		-
608		-
609		-	3. On at least one image or portion of tape, a clear and legible 1
610		-	identification of the entire registration plate number of the motor vehicle. 2
611		-
612		-	(7) “School zone” means a designated roadway segment within up to a 3
613		-	half–mile radius of a school for any of grades kindergarten through grade 12 where 4
614		-	school–related activity occurs, including: 5
615		-
616		-	(i) Travel by students to or from school on foot or by bicycle; or 6
617		-
618		-	(ii) The dropping off or picking up of students by school buses or other 7
619		-	vehicles. 8
620		-
621		-	(8) “Speed monitoring system” means a device with one or more motor 9
622		-	vehicle sensors producing recorded images of motor vehicles traveling at speeds at least 12 10
623		-	miles per hour above the posted speed limit. 11
624		-
625		-	(9) “Speed monitoring system operator” means a representative of an agency 12
626		-	or contractor that operates a speed monitoring system. 13
627		-
628		-	(b) (1) (i) 1. A speed monitoring system may not be used [in] BY a local 14
629		-	jurisdiction under this section unless its use is authorized by the governing body of the local 15
630		-	jurisdiction by local law enacted after reasonable notice and a public hearing. 16
631		-
632		-	2. THE STATE HIGHWAY ADMINISTRATION MAY US E 17
633		-	SPEED MONITORING SYS TEMS ON INTERSTATE 83 IN BALTIMORE COUNTY AND 18
634		-	INTERSTATE 695 IN BALTIMORE COUNTY IN ACCORDANCE WITH THIS SECTION . 19
635		-
636		-	(ii) Before a county may use a speed monitoring system on a State 20
637		-	highway at a location within a municipal corporation, the county shall: 21
638		-
639		-	1. Obtain the approval of the State Highway Administration; 22
640		-
641		-	2. Notify the municipal corporation of the State Highway 23
642		-	Administration’s approval of the use of a speed monitoring system at that location; and 24
643		-
644		-	3. Grant the municipal corporation 60 days from the date of 25
645		-	the county’s notice to the municipal corporation to enact an ordinance authorizing the 26
646		-	municipal corporation instead of the county to use a speed monitoring system at that 27
647		-	location. 28
648		-
649		-	(iii) 1. This subparagraph applies only in Prince George’s County. 29
650		-
651		-	2. In the county, a municipal corporation may implement and 30
652		-	use a speed monitoring system consistent with the requirements of this subsection on a 31
653		-	county highway at a location within its corporate limits if the municipal corporation: 32 SENATE BILL 338 15
654		-
655		-
656		-
657		-	A. Submits to the county a plan describing the boundary of 1
658		-	the applicable school zone and the proposed location of the speed monitoring system; and 2
659		-
660		-	B. Requests and receives permission from the county to use the 3
661		-	speed monitoring system at the proposed location. 4
662		-
663		-	3. If the county fails to respond to the request within 60 days, 5
664		-	the municipal corporation may implement and use the speed monitoring system as described 6
665		-	in the plan submission. 7
666		-
667		-	4. The county may not: 8
668		-
669		-	A. Unreasonably deny a request under this subparagraph; or 9
670		-
671		-	B. Place exactions, fees, or unreasonable restrictions on the 10
672		-	implementation and use of a speed monitoring system under this subparagraph. 11
673		-
674		-	5. The county shall state in writing the reasons for any denial 12
675		-	of a request under this subparagraph. 13
676		-
677		-	6. A municipal corporation may contest in the circuit court a 14
678		-	county denial of a request under this subparagraph. 15
679		-
680		-	(iv) In Prince George’s County, if a municipal corporation has 16
681		-	established a school zone that is within one–quarter mile of a school zone established in 17
682		-	another municipal corporation, the municipal corporation may not implement or use a speed 18
683		-	monitoring system in that school zone unless it has obtained the approval of the other 19
684		-	municipal corporation. 20
685		-
686		-	(v) An ordinance or resolution adopted by the governing body of a 21
687		-	local jurisdiction under this paragraph shall provide that, if the local jurisdiction moves or 22
688		-	places a mobile or stationary speed monitoring system to or at a location where a speed 23
689		-	monitoring system had not previously been moved or placed, the local jurisdiction may not 24
690		-	issue a citation for a violation recorded by that speed monitoring system: 25
691		-
692		-	1. Until signage is installed in accordance with 26
693		-	subparagraph (viii) of this paragraph; and 27
694		-
695		-	2. For at least the first 15 calendar days after the signage is 28
696		-	installed. 29
697		-
698		-	(vi) This section applies to a violation of this subtitle recorded by a 30
699		-	speed monitoring system that meets the requirements of this subsection and has been placed: 31
700		-
701		-	1. In Anne Arundel County, Montgomery County, or Prince 32
702		-	George’s County, on a highway in a residential district, as defined in § 21–101 of this title, 33 16 SENATE BILL 338
703		-
704		-
705		-	with a maximum posted speed limit of 35 miles per hour, which speed limit was established 1
706		-	using generally accepted traffic engineering practices; 2
707		-
708		-	2. In a school zone with a posted speed limit of at least 20 3
709		-	miles per hour; 4
710		-
711		-	3. In Prince George’s County: 5
712		-
713		-	A. Subject to subparagraph (vii)1 of this paragraph, on 6
714		-	Maryland Route 210 (Indian Head Highway); or 7
715		-
716		-	B. On that part of a highway located within the grounds of an 8
717		-	institution of higher education as defined in § 10–101(h) of the Education Article, or within 9
718		-	one–half mile of the grounds of a building or property used by the institution of higher 10
719		-	education where generally accepted traffic and engineering practices indicate that motor 11
720		-	vehicle, pedestrian, or bicycle traffic is substantially generated or influenced by the 12
721		-	institution of higher education; 13
722		-
723		-	4. Subject to subparagraph (vii)2 of this paragraph, on 14
724		-	Interstate 83 in Baltimore City; 15
725		-
726		-	5. In Anne Arundel County, on Maryland Route 175 (Jessup 16
727		-	Road) between the Maryland Route 175/295 interchange and the Anne Arundel 17
728		-	County–Howard County line; [or] 18
729		-
730		-	6. Subject to subparagraph (vii)3 of this paragraph, at the 19
731		-	intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot County; 20
732		-	OR 21
733		-
734		-	7. SUBJECT TO SUBPARAGRAPH (VII)4 OF THIS 22
735		-	PARAGRAPH , BY THE STATE HIGHWAY ADMINISTRATION ON INTERSTATE 83 IN 23
736		-	BALTIMORE COUNTY OR ON INTERSTATE 695 IN BALTIMORE COUNTY. 24
737		-
738		-	(vii) 1. Not more than six mobile or stationary speed monitoring 25
739		-	systems may be placed on Maryland Route 210 (Indian Head Highway). 26
740		-
741		-	2. Not more than two speed monitoring systems may be placed 27
742		-	on Interstate 83 in Baltimore City. 28
743		-
744		-	3. Not more than one speed monitoring system may be placed 29
745		-	at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot 30
746		-	County. 31
747		-
748		-	4. THE STATE HIGHWAY ADMINISTRATION : 32
749		-	SENATE BILL 338 17
750		-
751		-
752		-	A. MAY PLACE AND USE A S PEED MONITORING SYST EM 1
753		-	ON INTERSTATE 83 IN BALTIMORE COUNTY OR INTERSTATE 695 IN BALTIMORE 2
754		-	COUNTY UNDER THIS SEC TION ONLY AT A LOCAT ION IT IDENTIFIES AS BEING AT 3
755		-	HIGH RISK FOR MOTOR VEHICLE CRASHES THAT RESULT IN DEATH OR S ERIOUS 4
756		-	BODILY INJURY; 5
757		-
758		-	B. I. MAY NOT PLACE OR USE MORE THAN THREE 6
759		-	SPEED MONITORING SYS TEMS IN EACH DIRECTI ON ON INTERSTATE 83 IN 7
760		-	BALTIMORE COUNTY; AND 8
761		-
762		-	II. MAY NOT PLACE OR USE MORE TH AN FOUR SPEED 9
763		-	MONITORING SYSTEMS I N EACH DIRECTION ON INTERSTATE 695 IN BALTIMORE 10
764		-	COUNTY; AND 11
765		-
766		-	C. MAY NOT PLACE OR USE A SPEED MONITORING 12
767		-	SYSTEM AUTHORIZED UN DER THIS SECTION WIT HIN 5 MILES OF ANOTHER SPE ED 13
768		-	MONITORING SYSTEM AUTHORIZED UNDER THI S SECTION OPERATING IN THE SAME 14
769		-	DIRECTION. 15
770		-
771		-	(viii) Before activating a speed monitoring system, the local jurisdiction 16
772		-	OR THE STATE HIGHWAY ADMINISTRATION , AS APPROPRIATE , shall: 17
773		-
774		-	1. Publish notice of the location of the speed monitoring 18
775		-	system on its website and in a newspaper of general circulation in the jurisdiction; 19
776		-
777		-	2. Ensure that each sign that designates a school zone is 20
778		-	proximate to a sign that: 21
779		-
780		-	A. Indicates that speed monitoring systems are in use in the 22
781		-	school zone; and 23
782		-
783		-	B. Is in accordance with the manual for and the specifications 24
784		-	for a uniform system of traffic control devices adopted by the State Highway Administration 25
785		-	under § 25–104 of this article; 26
786		-
787		-	3. With regard to a speed monitoring system established on 27
788		-	Maryland Route 210 (Indian Head Highway) in Prince George’s County, based on proximity 28
789		-	to an institution of higher education under subparagraph (vi)3 of this paragraph, on 29
790		-	Interstate 83 in Baltimore City, in Anne Arundel County on Maryland Route 175 (Jessup 30
791		-	Road) between the Maryland Route 175/295 interchange and the Anne Arundel 31
792		-	County–Howard County line, [or] at the intersection of Maryland Route 333 (Oxford Road) 32
793		-	and Bonfield Avenue in Talbot County, OR ON INTERSTATE 83 IN BALTIMORE COUNTY 33
794		-	OR INTERSTATE 695 IN BALTIMORE COUNTY, ensure that all speed limit signs 34
795		-	approaching and within the segment of highway on which the speed monitoring system is 35
796		-	located include signs that: 36 18 SENATE BILL 338
797		-
798		-
799		-
800		-	A. Are in accordance with the manual and specifications for 1
801		-	a uniform system of traffic control devices adopted by the State Highway Administration 2
802		-	under § 25–104 of this article; and 3
803		-
804		-	B. Indicate that a speed monitoring system is in use; and 4
805		-
806		-	4. With regard to a speed monitoring system placed on 5
807		-	Maryland Route 210 (Indian Head Highway) in Prince George’s County, Interstate 83 in 6
808		-	Baltimore City, in Anne Arundel County on Maryland Route 175 (Jessup Road) between the 7
809		-	Maryland Route 175/295 interchange and the Anne Arundel County–Howard County line, 8
810		-	[or] at the intersection of Maryland Route 333 (Oxford Road) and Bonfield Avenue in Talbot 9
811		-	County, OR ON INTERSTATE 83 IN BALTIMORE COUNTY OR INTERSTATE 695 IN 10
812		-	BALTIMORE COUNTY, ensure that each sign that indicates that a speed monitoring system 11
813		-	is in use is proximate to a device that displays a real–time posting of the speed at which a 12
814		-	driver is traveling. 13
815		-
816		-	(ix) A speed monitoring system in a school zone may operate only 14
817		-	Monday through Friday between 6:00 a.m. and 8:00 p.m. 15
818		-
819		-	(x) 1. A local jurisdiction that authorizes a program of speed 16
820		-	monitoring systems OR THE STATE HIGHWAY ADMINISTRATION , AS APPROPRIATE , 17
821		-	shall designate an official or employee to investigate and respond to questions or concerns 18
822		-	about the local jurisdiction’s OR THE STATE HIGHWAY ADMINISTRATION ’S speed 19
823		-	monitoring system program. 20
824		-
825		-	2. A. The [local] designee shall review a citation 21
826		-	generated by a speed monitoring system if the person who received the citation requests 22
827		-	review before the deadline for contesting liability under this section. 23
828		-
829		-	B. If the [local] designee determines that the citation is an 24
830		-	erroneous violation, the [local] designee shall void the citation. 25
831		-
832		-	C. If the [local] designee determines that a person did not 26
833		-	receive notice of a citation issued under this section due to an administrative error, the 27
834		-	[local] designee may resend the citation in accordance with subsection (d) of this section or 28
835		-	void the citation. 29
836		-
837		-	D. A [local] designee that takes any action described under 30
838		-	subsubsubparagraph C of this subsubparagraph shall notify the Administration of the 31
839		-	action for the purpose of rescinding any administrative penalties imposed under subsection 32
840		-	(g) of this section. 33
841		-
842		-	E. A [local] designee may not determine that a citation is an 34
843		-	erroneous violation based solely on the dismissal of the citation by a court. 35
844		-	SENATE BILL 338 19
845		-
846		-
847		-	3. A [local] designee may not be employed by a speed 1
848		-	monitoring system contractor or have been involved in any review of a speed monitoring 2
849		-	system citation, other than review of a citation under this subparagraph. 3
850		-
851		-	4. On receipt of a written question or concern from a person, 4
852		-	the [local] designee shall provide a written answer or response to the person within a 5
853		-	reasonable time. 6
854		-
855		-	5. A local jurisdiction AND THE STATE HIGHWAY 7
856		-	ADMINISTRATION , AS APPROPRIATE , shall make any written questions or concerns 8
857		-	received under this subparagraph and any subsequent written answers or responses 9
858		-	available for public inspection. 10
859		-
860		-	(xi) A local jurisdiction may not use a speed monitoring system to 11
861		-	enforce speed limits on any portion of a highway for which the speed limit has been decreased 12
862		-	without performing an engineering and traffic investigation. 13
863		-
864		-	(2) (i) A speed monitoring system operator shall complete training by a 14
865		-	manufacturer of speed monitoring systems in the procedures for setting up and operating 15
866		-	the speed monitoring system. 16
867		-
868		-	(ii) The manufacturer shall issue a signed certificate to the speed 17
869		-	monitoring system operator on completion of the training. 18
870		-
871		-	(iii) The certificate of training shall be admitted as evidence in any 19
872		-	court proceeding for a violation of this section. 20
873		-
874		-	(3) A speed monitoring system operator shall fill out and sign a daily 21
875		-	set–up log for a speed monitoring system that: 22
876		-
877		-	(i) States that the speed monitoring system operator successfully 23
878		-	performed or reviewed and evaluated the manufacturer–specified daily self–test of the speed 24
879		-	monitoring system prior to producing a recorded image; 25
880		-
881		-	(ii) Shall be kept on file; and 26
882		-
883		-	(iii) Shall be admitted as evidence in any court proceeding for a 27
884		-	violation of this section. 28
885		-
886		-	(4) (i) A speed monitoring system shall undergo an annual calibration 29
887		-	check performed by an independent calibration laboratory that is: 30
888		-
889		-	1. Selected by the local jurisdiction OR THE STATE 31
890		-	HIGHWAY ADMINISTRATION , AS APPROPRIATE ; and 32
891		-	20 SENATE BILL 338
892		-
893		-
894		-	2. Unaffiliated with the manufacturer of the speed 1
895		-	monitoring system. 2
896		-
897		-	(ii) The independent calibration laboratory shall issue a signed 3
898		-	certificate of calibration after the annual calibration check that: 4
899		-
900		-	1. Shall be kept on file; and 5
901		-
902		-	2. Shall be admitted as evidence in any court proceeding for 6
903		-	a violation of this section. 7
904		-
905		-	(5) If a local jurisdiction OR THE STATE HIGHWAY ADMINISTRATION 8
906		-	authorizes a program of speed monitoring systems under this section: 9
907		-
908		-	(i) The local jurisdiction OR THE STATE HIGHWAY 10
909		-	ADMINISTRATION shall designate a program administrator who may not be an employee 11
910		-	or representative of the speed monitoring system contractor; and 12
911		-
912		-	(ii) The contract with the speed monitoring system contractor shall 13
913		-	include the following provisions: 14
914		-
915		-	1. For potential violations submitted by a contractor for 15
916		-	review by an agency, if more than 5% of the violations in a calendar year are erroneous 16
917		-	violations, then the contractor shall be subject to liquidated damages for each erroneous 17
918		-	violation equal to at least 50% of the fine amount for the erroneous violation, plus any 18
919		-	reimbursements paid by the local jurisdiction OR THE STATE HIGHWAY 19
920		-	ADMINISTRATION ; and 20
921		-
922		-	2. The local jurisdiction OR THE STATE HIGHWAY 21
923		-	ADMINISTRATION may cancel a contract with a contractor if the contractor violates the 22
924		-	contract by submitting erroneous violations to the agency that exceed a threshold specified 23
925		-	in the contract or violates the law in implementing the contract. 24
926		-
927		-	(6) (i) The Maryland Police Training and Standards Commission, in 25
928		-	consultation with the State Highway Administration and other interested stakeholders, 26
929		-	shall develop a training program concerning the oversight and administration of a speed 27
930		-	monitoring program by a local jurisdiction AND THE STATE HIGHWAY 28
931		-	ADMINISTRATION, including a curriculum of best practices in the State. 29
932		-
933		-	(ii) 1. A program administrator shall participate in the training 30
934		-	program established under this paragraph before a local jurisdiction OR THE STATE 31
935		-	HIGHWAY ADMINISTRATION initially implements a new speed monitoring program and 32
936		-	subsequently at least once every 2 years. 33
937		-	SENATE BILL 338 21
938		-
939		-
940		-	2. A program administrator for a program in existence on 1
941		-	June 1, 2014, shall initially participate in the training program on or before December 31, 2
942		-	2014, and subsequently at least once every 2 years. 3
943		-
944		-	3. If a local jurisdiction OR THE STATE HIGHWAY 4
945		-	ADMINISTRATION designates a new program administrator, the new program 5
946		-	administrator shall participate in the next available training program. 6
947		-
948		-	(c) (1) Unless the driver of the motor vehicle received a citation from a police 7
949		-	officer at the time of the violation, the owner or, in accordance with subsection (f)(4) of this 8
950		-	section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is 9
951		-	recorded by a speed monitoring system while being operated in violation of this subtitle. 10
952		-
953		-	(2) A civil penalty under this subsection may not exceed $40. 11
954		-
955		-	(3) For purposes of this section, the District Court shall prescribe: 12
956		-
957		-	(i) A uniform citation form consistent with subsection (d)(1) of this 13
958		-	section and § 7–302 of the Courts Article; and 14
959		-
960		-	(ii) A civil penalty, which shall be indicated on the citation, to be paid 15
961		-	by persons who choose to prepay the civil penalty without appearing in District Court. 16
962		-
963		-	(d) (1) Subject to the provisions of paragraphs (2) through (4) of this subsection, 17
964		-	an agency shall mail to an owner liable under subsection (c) of this section a citation that 18
965		-	shall include: 19
966		-
967		-	(i) The name and address of the registered owner of the vehicle; 20
968		-
969		-	(ii) The registration number of the motor vehicle involved in the 21
970		-	violation; 22
971		-
972		-	(iii) The violation charged; 23
973		-
974		-	(iv) The location where the violation occurred; 24
975		-
976		-	(v) The date and time of the violation; 25
977		-
978		-	(vi) A copy of the recorded image; 26
979		-
980		-	(vii) The amount of the civil penalty imposed and the date by which 27
981		-	the civil penalty should be paid; 28
982		-
983		-	(viii) A signed statement by a duly authorized law enforcement officer 29
984		-	employed by or under contract with an agency that, based on inspection of recorded images, 30
985		-	the motor vehicle was being operated in violation of this subtitle; 31
986		-	22 SENATE BILL 338
987		-
988		-
989		-	(ix) A statement that recorded images are evidence of a violation of 1
990		-	this subtitle; 2
991		-
992		-	(x) Information advising the person alleged to be liable under this 3
993		-	section of the manner and time in which liability as alleged in the citation may be contested 4
994		-	in the District Court; and 5
995		-
996		-	(xi) Information advising the person alleged to be liable under this 6
997		-	section that failure to pay the civil penalty or to contest liability in a timely manner: 7
998		-
999		-	1. Is an admission of liability; 8
1000		-
1001		-	2. May result in the refusal by the Administration to register 9
1002		-	the motor vehicle; and 10
1003		-
1004		-	3. May result in the suspension of the motor vehicle 11
1005		-	registration. 12
1006		-
1007		-	(2) (i) Except as provided in [subparagraph] SUBPARAGRAPHS (ii) 13
1008		-	AND (III) of this paragraph, an agency may mail a warning notice instead of a citation to 14
1009		-	the owner liable under subsection (c) of this section. 15
1010		-
1011		-	(ii) With regard to a speed monitoring system established on 16
1012		-	Interstate 83 in Baltimore City, an agency shall mail a warning notice instead of a citation 17
1013		-	for a violation recorded by the speed monitoring system during the first 90 days that the 18
1014		-	speed monitoring system is in operation. 19
1015		-
1016		-	(III) WITH REGARD TO A SPEE D MONITORING SYSTE M 20
1017		-	ESTABLISHED ON INTERSTATE 83 IN BALTIMORE COUNTY OR INTERSTATE 695 IN 21
1018		-	BALTIMORE COUNTY, THE STATE HIGHWAY ADMINISTRATION SHALL MAIL A 22
1019		-	WARNING NOTICE INSTE AD OF A CITATION FOR A VIOLATION RECORDED BY THE 23
1020		-	SPEED MONITORING SYS TEM DURING THE FIRST 30 DAYS THAT THE SPEED 24
1021		-	MONITORING SYSTEM IS IN OPERATION. 25
1022		-
1023		-	(3) Except as provided in subsection (f)(4) of this section, an agency may not 26
1024		-	mail a citation to a person who is not an owner. 27
1025		-
1026		-	(4) Except as provided in subsections (b)(1)(x) and (f)(4) of this section, a 28
1027		-	citation issued under this section shall be mailed no later than 2 weeks after the alleged 29
1028		-	violation if the vehicle is registered in this State, and 30 days after the alleged violation if 30
1029		-	the vehicle is registered in another state. 31
1030		-
1031		-	(5) A person who receives a citation under paragraph (1) of this subsection 32
1032		-	may: 33
1033		-	SENATE BILL 338 23
1034		-
1035		-
1036		-	(i) Pay the civil penalty, in accordance with instructions on the 1
1037		-	citation, directly to the political subdivision OR THE DISTRICT COURT, AS APPROPRIATE ; 2
1038		-	or 3
1039		-
1040		-	(ii) Elect to stand trial in the District Court for the alleged violation. 4
1041		-
1042		-	(6) To mail the citation or warning notice, an agency shall use: 5
1043		-
1044		-	(i) The current mailing address on file with the Administration; or 6
1045		-
1046		-	(ii) If a mailing address is unavailable, the current residential 7
1047		-	address on file with the Administration. 8
1048		-
1049		-	(e) (1) A certificate alleging that the violation of this subtitle occurred and the 9
1050		-	requirements under subsection (b) of this section have been satisfied, sworn to, or affirmed 10
1051		-	by a duly authorized law enforcement officer employed by or under contract with an agency, 11
1052		-	based on inspection of recorded images produced by a speed monitoring system, shall be 12
1053		-	evidence of the facts contained in the certificate and shall be admissible in a proceeding 13
1054		-	alleging a violation under this section without the presence or testimony of the speed 14
1055		-	monitoring system operator who performed the requirements under subsection (b) of this 15
1056		-	section. 16
1057		-
1058		-	(2) If a person who received a citation under subsection (d) of this section 17
1059		-	desires the speed monitoring system operator to be present and testify at trial, the person 18
1060		-	shall notify the court and the State in writing no later than 20 days before trial. 19
1061		-
1062		-	(3) Adjudication of liability shall be based on a preponderance of evidence. 20
1063		-
1064		-	(f) (1) The District Court may consider in defense of a violation: 21
1065		-
1066		-	(i) Subject to paragraph (2) of this subsection, that the motor vehicle 22
1067		-	or the registration plates of the motor vehicle were stolen before the violation occurred and 23
1068		-	were not under the control or possession of the owner at the time of the violation; 24
1069		-
1070		-	(ii) Subject to paragraph (3) of this subsection, evidence that the 25
1071		-	person named in the citation was not operating the vehicle at the time of the violation; and 26
1072		-
1073		-	(iii) Any other issues and evidence that the District Court deems 27
1074		-	pertinent. 28
1075		-
1076		-	(2) To demonstrate that the motor vehicle or the registration plates were 29
1077		-	stolen before the violation occurred and were not under the control or possession of the owner 30
1078		-	at the time of the violation, the owner shall submit proof that a police report regarding the 31
1079		-	stolen motor vehicle or registration plates was filed in a timely manner. 32
1080		-	24 SENATE BILL 338
1081		-
1082		-
1083		-	(3) To satisfy the evidentiary burden under paragraph (1)(ii) of this 1
1084		-	subsection, the person named in the citation shall provide to the District Court a letter, sworn 2
1085		-	to or affirmed by the person and mailed by certified mail, return receipt requested, that: 3
1086		-
1087		-	(i) States that the person named in the citation was not operating the 4
1088		-	vehicle at the time of the violation; and 5
1089		-
1090		-	(ii) Includes any other corroborating evidence. 6
1091		-
1092		-	(4) (i) If the District Court finds that the person named in the citation 7
1093		-	was not operating the vehicle at the time of the violation or receives evidence under 8
1094		-	paragraph (3) of this subsection identifying the person driving the vehicle at the time of the 9
1095		-	violation, the clerk of the court shall provide to the agency issuing the citation a copy of any 10
1096		-	evidence substantiating who was operating the vehicle at the time of the violation. 11
1097		-
1098		-	(ii) On receipt of substantiating evidence from the District Court 12
1099		-	under subparagraph (i) of this paragraph, an agency may issue a citation as provided in 13
1100		-	subsection (d) of this section to the person who the evidence indicates was operating the 14
1101		-	vehicle at the time of the violation. 15
1102		-
1103		-	(iii) A citation issued under subparagraph (ii) of this paragraph shall 16
1104		-	be mailed no later than 2 weeks after receipt of the evidence from the District Court. 17
1105		-
1106		-	(g) If a person liable under this section does not pay the civil penalty or contest the 18
1107		-	violation, the Administration may refuse to register or reregister the motor vehicle cited for 19
1108		-	the violation. 20
1109		-
1110		-	(h) A violation for which a civil penalty is imposed under this section: 21
1111		-
1112		-	(1) Is not a moving violation for the purpose of assessing points under § 22
1113		-	16–402 of this article; 23
1114		-
1115		-	(2) May not be recorded by the Administration on the driving record of the 24
1116		-	owner or driver of the vehicle; 25
1117		-
1118		-	(3) May be treated as a parking violation for purposes of § 26–305 of this 26
1119		-	article; and 27
1120		-
1121		-	(4) May not be considered in the provision of motor vehicle insurance 28
1122		-	coverage. 29
1123		-
1124		-	(i) In consultation with the appropriate local government agencies AND THE 30
1125		-	STATE HIGHWAY ADMINISTRATION , the Chief Judge of the District Court shall adopt 31
1126		-	procedures for the issuance of citations, the trial of civil violations, and the collection of civil 32
1127		-	penalties under this section. 33
1128		-	SENATE BILL 338 25
1129		-
1130		-
1131		-	(j) (1) An agency or an agent or contractor designated by the agency shall 1
1132		-	administer and process civil citations issued under this section in coordination with the 2
1133		-	District Court. 3
1134		-
1135		-	(2) If a contractor in any manner operates a speed monitoring system or 4
1136		-	administers or processes citations generated by a speed monitoring system on behalf of a 5
1137		-	local jurisdiction OR THE STATE HIGHWAY ADMINISTRATION , the contractor’s fee may 6
1138		-	not be contingent on a per–ticket basis on the number of citations issued or paid. 7
1139		-
1140		-	(k) (1) On or before December 31 of each year, the Maryland Police Training 8
1141		-	and Standards Commission shall: 9
1142		-
1143		-	(i) Compile and make publicly available a report for the previous 10
1144		-	fiscal year on each speed monitoring system program operated by a local jurisdiction AND 11
1145		-	THE STATE HIGHWAY ADMINISTRATION under this section; and 12
1146		-
1147		-	(ii) Submit the report to the Governor and, in accordance with § 13
1148		-	2–1257 of the State Government Article, the General Assembly. 14
1149		-
1150		-	(2) The report shall include: 15
1151		-
1152		-	(i) The total number of citations issued; 16
1153		-
1154		-	(ii) The number of citations issued and the number voided as 17
1155		-	erroneous violations for each camera; 18
1156		-
1157		-	(iii) The gross revenue generated by the program; 19
1158		-
1159		-	(iv) The expenditures incurred by the program; 20
1160		-
1161		-	(v) The net revenue generated by the program; 21
1162		-
1163		-	(vi) The total amount of any payments made to a contractor under the 22
1164		-	program; 23
1165		-
1166		-	(vii) A description of how the net revenue generated by the program 24
1167		-	was used; 25
1168		-
1169		-	(viii) The number of employees of the local jurisdiction OR THE STATE 26
1170		-	HIGHWAY ADMINISTRATION , AS APPROPRIATE , involved in the program; 27
1171		-
1172		-	(ix) The type of speed monitoring system used by the local jurisdiction 28
1173		-	OR THE STATE HIGHWAY ADMINISTRATION ; 29
1174		-	26 SENATE BILL 338
1175		-
1176		-
1177		-	(x) The locations at which each speed monitoring system was used in 1
1178		-	the local jurisdiction OR ON INTERSTATE 83 IN BALTIMORE COUNTY OR INTERSTATE 2
1179		-	695 IN BALTIMORE COUNTY; 3
1180		-
1181		-	(xi) The activation start and stop dates of each speed monitoring 4
1182		-	system for each location at which it was used; and 5
1183		-
1184		-	(xii) The number of citations issued by each speed monitoring system 6
1185		-	at each location. 7
1186		-
1187		-	(3) Each local jurisdiction with a speed monitoring system program AND 8
1188		-	THE STATE HIGHWAY ADMINISTRATION shall submit the information required under 9
1189		-	paragraph (2) of this subsection to the Commission by October 31 of each year and assist the 10
1190		-	Commission in the preparation of the annual report. 11
1191		-
1192		-	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws o f Maryland read 12
1193		-	as follows: 13
1194		-
1195		-	Article – Transportation 14
1196		-
1197		-	21–809. 15
1198		-
1199		-	(c) (2) (I) [A] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 16
1200		-	PARAGRAPH , A civil penalty under this subsection may not exceed: 17
1201		-
1202		-	[(i)] 1. If the citation alleges that the driver of the motor vehicle 18
1203		-	exceeded the speed limit by between 12 and 15, inclusive, miles per hour, $40; 19
1204		-
1205		-	[(ii)] 2. If the citation alleges that the driver of the motor vehicle 20
1206		-	exceeded the speed limit by between 16 and 19, inclusive, miles per hour, $70; 21
1207		-
1208		-	[(iii)] 3. If the citation alleges that the driver of the motor vehicle 22
1209		-	exceeded the speed limit by between 20 and 29, inclusive, miles per hour, $120; 23
1210		-
1211		-	[(iv)] 4. If the citation alleges that the driver of the motor vehicle 24
1212		-	exceeded the speed limit by between 30 and 39, inclusive, miles per hour, $230; and 25
1213		-
1214		-	[(v)] 5. If the citation alleges that the driver of the motor vehicle 26
1215		-	exceeded the speed limit by 40 miles per hour or more, $425. 27
1216		-
1217		-	(II) A CIVIL PENAL TY UNDER THIS SUBSEC TION FOR A 28
1218		-	VIOLATION RECORDED O N INTERSTATE 83 IN BALTIMORE COUNTY OR INTERSTATE 29
1219		-	695 IN BALTIMORE COUNTY MAY NOT EXCEED $40. 30
1220		-
1221		-	SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 31
1222		-	effect October 1, 2025, contingent on the taking effect of Chapter ____ or ____ (S.B. 118 or 32 SENATE BILL 338 27
1223		-
1224		-
1225		-	H.B. 182) of the Acts of the General Assembly of 2025, and if Chapter ____ or _____ (S.B. 1
1226		-	118 or H.B. 182) does not take effect, Section 2 of this Act, with no further action required 2
1227		-	by the General Assembly, shall be null and void. 3
1228		-
1229		-	SECTION 2. 4. AND BE IT FURTHER ENACTED, That: 4
1230		-
1231		-	(a) On or before June 1, 2030 2029, the State Highway Administration shall 5
1232		-	submit a report to the Governor and, in accordance with § 2–1257 of the State Government 6
1233		-	Article, the General Assembly, on the speed monitoring systems placed on Interstate 695 7
1234		-	in Baltimore County and Interstate 83 in Baltimore County in accordance with § 21–811 8
1235		-	21–809 of the Transportation Article as, as enacted by Section 1 of this Act. 9
1236		-
1237		-	(b) The report required under subsection (a) of this section shall include: 10
1238		-
1239		-	(1) any changes since the implementation of speed monitoring systems 11
1240		-	under Section 1 of this Act in: 12
1241		-
1242		-	(i) accident crash and fatality rates on Interstate 695 and Interstate 13
1243		-	83 in Baltimore County; and 14
1244		-
1245		-	(ii) the number of repeat violations recorded by these speed 15
1246		-	monitoring systems; 16
1247		-
1248		-	(2) any measurable improvements in driver awareness and compliance 17
1249		-	with posted speed limits at areas on Interstate 695 in Baltimore County and Interstate 83 18
1250		-	in Baltimore County where speed monitoring systems are operated; 19
1251		-
1252		-	(3) any unintended consequences including traffic congestion or an 20
1253		-	increase in the use of alternative routes; 21
1254		-
1255		-	(4) the gross revenue collected as a result of violations enforced by the 22
1256		-	speed monitoring systems; 23
1257		-
1258		-	(5) the percentage of the gross revenue collected that has been used to: 24
1259		-
1260		-	(i) to recover the cost of implementing and administering the speed 25
1261		-	monitoring systems; and 26
1262		-
1263		-	(ii) for public safety purposes, including pedestrian or highway 27
1264		-	safety programs assist in covering the cost of roadway and safety improvements on Interstate 28
1265		-	695 in Baltimore County and Interstate 83 in Baltimore County; 29
1266		-
1267		-	(6) whether revenue collected as a result of violations enforced by the speed 30
1268		-	monitoring systems has been sufficient to cover the costs specified under paragraph (5)(i) 31
1269		-	and (ii) of this subsection; 32
1270		-	28 SENATE BILL 338
1271		-
1272		-
1273		-	(7) how funds have been used for public safety purposes on Interstate 695 1
1274		-	in Baltimore County and Interstate 83 in Baltimore County; 2
1275		-
1276		-	(8) whether revenue collected has been supplemental to, and has not 3
1277		-	supplanted, existing State and local funds allocated for transportation; 4
1278		-
1279		-	(9) the percentage of issued citations that have been contested; 5
1280		-
1281		-	(10) the percentage of contested citations that were overturned or reduced; 6
1282		-
1283		-	(11) whether citations have consistently been issued within the time frames 7
1284		-	required under § 21–811(d)(4) 21–809(d)(4) of the Transportation Article, as enacted by 8
1285		-	Section 1 of this Act, and any required maintenance, calibration, and certification checks 9
1286		-	have been documented and performed as scheduled; 10
1287		-
1288		-	(12) whether there has been any pattern of citation errors or disputes 11
1289		-	regarding vehicle identification; 12
1290		-
1291		-	(13) whether speed monitoring systems have been consistently maintained 13
1292		-	and calibrated in accordance with § 21–811(b)(7) 21–809(b)(4) of the Transportation Article, 14
1293		-	as enacted by Section 1 of this Act; 15
1294		-
1295		-	(14) whether the locations that have been identified as being at high risk for 16
1296		-	motor vehicle crashes that result in serious bodily injury or death have changed since the 17
1297		-	implementation of the speed monitoring systems; 18
1298		-
1299		-	(15) whether speed monitoring systems have been relocated as a result of 19
1300		-	any changes under item (14) of this subsection, or any changes in traffic patterns; 20
1301		-
1302		-	(16) whether the speed limit thresholds under § 21–811(b)(4) tolerance of 12 21
1303		-	miles per hour under § 21–809 of the Transportation Article, as enacted by Section 1 of this 22
1304		-	Act have has effectively influenced driver behavior on Interstate 695 in Baltimore County 23
1305		-	and Interstate 83 in Baltimore County; 24
1306		-
1307		-	(17) any issues with speed monitoring system visibility, signage, or 25
1308		-	technical malfunctions; 26
1309		-
1310		-	(18) whether there have been any formal complaints or legal challenges to 27
1311		-	the implementation of speed monitoring systems under Section 1 of this Act; 28
1312		-
1313		-	(19) any privacy or data security concerns that have arisen from the 29
1314		-	handling of recorded images or citation data; 30
1315		-
1316		-	(20) any significant delays in processing citations or appeals; and 31
1317		-	SENATE BILL 338 29
1318		-
1319		-
1320		-	(21) whether any public safety improvements intended to be funded by 1
1321		-	revenue derived as a result of violations enforced by the speed monitoring systems have 2
1322		-	been completed on schedule and within budget; and 3
1323		-
1324		-	(22) any disparities in the number of citations issued as a result of violations 4
1325		-	enforced by the speed monitoring systems on different communities or demographic groups 5
1326		-	in the State. 6
1327		-
1328		-	SECTION 2. 3. 5. AND BE IT FURTHER ENACTED, That , except as provided in 7
1329		-	Section 3 of this Act, this Act shall take effect June October 1, 2025. It shall remain effective 8
1330		-	for a period of 5 years and 1 month 4 years and 9 months and, at the end of June 30, 2030, 9
1331		-	this Act, with no further action required by the General Assembly, shall be abrogated and 10
1332		-	of no further force and effect. 11
1333		-
1334		-
1335		-
1336		-
1337		-	Approved:
1338		-	________________________________________________________________________________
1339		-	Governor.
1340		-	________________________________________________________________________________
1341		-	President of the Senate.
1342		-	________________________________________________________________________________
1343		-	Speaker of the House of Delegates.