| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *sb0390* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 390 | |
| 11 | 8 | R5 5lr1250 | |
| 12 | 9 | CF HB 343 | |
| 13 | 10 | By: Senator Smith | |
| 14 | 11 | Introduced and read first time: January 17, 2025 | |
| 15 | 12 | Assigned to: Judicial Proceedings | |
| 16 | - | Committee Report: Favorable | |
| 17 | - | Senate action: Adopted with floor amendments | |
| 18 | - | Read second time: February 3, 2025 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Motor Vehicles – Speed Monitoring Systems – Statements and Certificates of 2 | |
| 25 | 19 | Violations 3 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of authorizing certain technicians to swear to and affirm, based on 4 | |
| 28 | 22 | inspection of recorded images, the occurrence of violations recorded by speed 5 | |
| 29 | 23 | monitoring systems; requiring law enforcement officers and technicians to complete 6 | |
| 30 | 24 | a reasonable training specific to speed monitoring systems before certifying any 7 | |
| 31 | 25 | certificates of violation; and generally relating to speed monitoring systems. 8 | |
| 32 | 26 | ||
| 33 | - | BY repealing and reenacting, without | |
| 27 | + | BY repealing and reenacting, without amendments, 9 | |
| 34 | 28 | Article – Transportation 10 | |
| 35 | - | Section 21–809(a)(1), (2), and (8), (b)(1)(i), and (c)(1) | |
| 29 | + | Section 21–809(a)(1), (2), and (8), (b)(1)(i), and (c)(1) 11 | |
| 36 | 30 | Annotated Code of Maryland 12 | |
| 37 | 31 | (2020 Replacement Volume and 2024 Supplement) 13 | |
| 38 | 32 | ||
| 39 | - | BY repealing and reenacting, with | |
| 33 | + | BY repealing and reenacting, with amendments, 14 | |
| 40 | 34 | Article – Transportation 15 | |
| 41 | - | Section 21–809(d)(1)(viii) and (e)(1) | |
| 35 | + | Section 21–809(d)(1)(viii) and (e)(1) 16 | |
| 42 | 36 | Annotated Code of Maryland 17 | |
| 43 | 37 | (2020 Replacement Volume and 2024 Supplement) 18 | |
| 44 | 38 | ||
| 45 | 39 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19 | |
| 46 | 40 | That the Laws of Maryland read as follows: 20 | |
| 47 | 41 | ||
| 48 | - | Article – Transportation 21 2 SENATE BILL 390 | |
| 42 | + | Article – Transportation 21 | |
| 43 | + | ||
| 44 | + | 21–809. 22 | |
| 45 | + | ||
| 46 | + | (a) (1) In this section the following words have the meanings indicated. 23 | |
| 47 | + | ||
| 48 | + | (2) “Agency” means: 24 2 SENATE BILL 390 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | 51 | ||
| 52 | - | 21–809. 1 | |
| 52 | + | (i) A law enforcement agency of a local political subdivision that is 1 | |
| 53 | + | authorized to issue a citation for a violation of the Maryland Vehicle Law or of local traffic 2 | |
| 54 | + | laws or regulations; or 3 | |
| 53 | 55 | ||
| 54 | - | (a) (1) In this section the following words have the meanings indicated. 2 | |
| 56 | + | (ii) For a municipal corporation that does not maintain a police force, 4 | |
| 57 | + | an agency established or designated by the municipal corporation to implement this 5 | |
| 58 | + | subtitle using speed monitoring systems in accordance with this section. 6 | |
| 55 | 59 | ||
| 56 | - | (2) “Agency” means: 3 | |
| 60 | + | (8) “Speed monitoring system” means a device with one or more motor 7 | |
| 61 | + | vehicle sensors producing recorded images of motor vehicles traveling at speeds at least 12 8 | |
| 62 | + | miles per hour above the posted speed limit. 9 | |
| 57 | 63 | ||
| 58 | - | (i) A | |
| 59 | - | authorized | |
| 60 | - | ||
| 64 | + | (b) (1) (i) A speed monitoring system may not be used in a local jurisdiction 10 | |
| 65 | + | under this section unless its use is authorized by the governing body of the local jurisdiction 11 | |
| 66 | + | by local law enacted after reasonable notice and a public hearing. 12 | |
| 61 | 67 | ||
| 62 | - | (ii) For a municipal corporation that does not maintain a police force, 7 | |
| 63 | - | an agency established or designated by the municipal corporation to implement this 8 | |
| 64 | - | subtitle using speed monitoring systems in accordance with this section. 9 | |
| 68 | + | (c) (1) Unless the driver of the motor vehicle received a citation from a police 13 | |
| 69 | + | officer at the time of the violation, the owner or, in accordance with subsection (f)(4) of this 14 | |
| 70 | + | section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is 15 | |
| 71 | + | recorded by a speed monitoring system while being operated in violation of this subtitle. 16 | |
| 65 | 72 | ||
| 66 | - | ( | |
| 67 | - | ||
| 68 | - | ||
| 73 | + | (d) (1) Subject to the provisions of paragraphs (2) through (4) of this 17 | |
| 74 | + | subsection, an agency shall mail to an owner liable under subsection (c) of this section a 18 | |
| 75 | + | citation that shall include: 19 | |
| 69 | 76 | ||
| 70 | - | (ii) “Erroneous violation” includes a potential violation based on: 13 | |
| 77 | + | (viii) A signed statement by a duly authorized law enforcement officer 20 | |
| 78 | + | OR A TECHNICIAN employed by or under contract with an agency that, based on inspection 21 | |
| 79 | + | of recorded images, the motor vehicle was being operated in violation of this subtitle; 22 | |
| 71 | 80 | ||
| 72 | - | 1. A recorded image of a registration plate that does not 14 | |
| 73 | - | match the registration plate issued for the motor vehicle in the recorded image; 15 | |
| 81 | + | (e) (1) (I) A certificate alleging that the violation of this subtitle occurred 23 | |
| 82 | + | and the requirements under subsection (b) of this section have been satisfied, sworn to, or 24 | |
| 83 | + | affirmed by a duly authorized law enforcement officer OR A TECHNICIAN employed by or 25 | |
| 84 | + | under contract with an agency, based on inspection of recorded images produced by a speed 26 | |
| 85 | + | monitoring system, shall be evidence of the facts contained in the certificate and shall be 27 | |
| 86 | + | admissible in a proceeding alleging a violation under this section without the presence or 28 | |
| 87 | + | testimony of the speed monitoring system operator who performed the requirements under 29 | |
| 88 | + | subsection (b) of this section. 30 | |
| 74 | 89 | ||
| 75 | - | 2. A recorded image that shows a stopped vehicle or no 16 | |
| 76 | - | progression; 17 | |
| 90 | + | (II) A DULY AUTHORIZED LAW ENFORCEMENT OFFICER OR A 31 | |
| 91 | + | TECHNICIAN EMPLOYED BY OR UN DER CONTRACT WITH AN AGENCY SHALL 32 | |
| 92 | + | COMPLETE REASONABLE TRAINING SPECIFIC TO THE SPEED MONITORING SYSTEM 33 | |
| 93 | + | BEFORE CERTIFYING AN Y CERTIFICATES OF VI OLATION. 34 | |
| 77 | 94 | ||
| 78 | - | 3. An incorrectly measured speed for a motor vehicle; 18 | |
| 95 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 35 | |
| 96 | + | October 1, 2025. 36 SENATE BILL 390 3 | |
| 79 | 97 | ||
| 80 | - | 4. A measured speed of a motor vehicle that is below the 19 | |
| 81 | - | threshold speed that would subject the owner to a civil citation under this section; 20 | |
| 82 | - | ||
| 83 | - | 5. A recorded image that was taken outside of the hours and 21 | |
| 84 | - | days that speed monitoring systems are authorized for use in school zones; and 22 | |
| 85 | - | ||
| 86 | - | 6. A recorded image that was taken by a speed monitoring 23 | |
| 87 | - | system with an expired calibration certificate. 24 | |
| 88 | - | ||
| 89 | - | (4) (i) “Owner” means the registered owner of a motor vehicle or a 25 | |
| 90 | - | lessee of a motor vehicle under a lease of 6 months or more. 26 | |
| 91 | - | ||
| 92 | - | (ii) “Owner” does not include: 27 | |
| 93 | - | ||
| 94 | - | 1. A motor vehicle rental or leasing company; or 28 | |
| 95 | - | ||
| 96 | - | 2. A holder of a special registration plate issued under Title 29 | |
| 97 | - | 13, Subtitle 9, Part III of this article. 30 SENATE BILL 390 3 | |
| 98 | - | ||
| 99 | - | ||
| 100 | - | ||
| 101 | - | (5) “Program administrator” means an employee or a representative of the 1 | |
| 102 | - | local jurisdiction designated by the local jurisdiction to oversee a contract with a speed 2 | |
| 103 | - | monitoring system contractor. 3 | |
| 104 | - | ||
| 105 | - | (6) “REASONABLE TRAINING” MEANS A LEVEL OF EDU CATION, 4 | |
| 106 | - | INSTRUCTION, AND PRACTICAL EXPERI ENCE SUFFICIENT TO E NSURE COMPETENCY 5 | |
| 107 | - | IN THE INSPECTION AN D INTERPRETATION OF THE RECORDED IMAGES GENERATED 6 | |
| 108 | - | BY THE SPEED MONITOR ING SYSTEM. 7 | |
| 109 | - | ||
| 110 | - | [(6)] (7) “Recorded image” means an image recorded by a speed 8 | |
| 111 | - | monitoring system: 9 | |
| 112 | - | ||
| 113 | - | (i) On: 10 | |
| 114 | - | ||
| 115 | - | 1. A photograph; 11 | |
| 116 | - | ||
| 117 | - | 2. A microphotograph; 12 | |
| 118 | - | ||
| 119 | - | 3. An electronic image; 13 | |
| 120 | - | ||
| 121 | - | 4. Videotape; or 14 | |
| 122 | - | ||
| 123 | - | 5. Any other medium; and 15 | |
| 124 | - | ||
| 125 | - | (ii) Showing: 16 | |
| 126 | - | ||
| 127 | - | 1. The rear of a motor vehicle; 17 | |
| 128 | - | ||
| 129 | - | 2. At least two time–stamped images of the motor vehicle 18 | |
| 130 | - | that include the same stationary object near the motor vehicle; and 19 | |
| 131 | - | ||
| 132 | - | 3. On at least one image or portion of tape, a clear and legible 20 | |
| 133 | - | identification of the entire registration plate number of the motor vehicle. 21 | |
| 134 | - | ||
| 135 | - | [(7)] (8) “School zone” means a designated roadway segment within up to 22 | |
| 136 | - | a half–mile radius of a school for any of grades kindergarten through grade 12 where 23 | |
| 137 | - | school–related activity occurs, including: 24 | |
| 138 | - | ||
| 139 | - | (i) Travel by students to or from school on foot or by bicycle; or 25 | |
| 140 | - | ||
| 141 | - | (ii) The dropping off or picking up of students by school buses or 26 | |
| 142 | - | other vehicles. 27 | |
| 143 | - | 4 SENATE BILL 390 | |
| 144 | - | ||
| 145 | - | ||
| 146 | - | (8) (9) “Speed monitoring system” means a device with one or more 1 | |
| 147 | - | motor vehicle sensors producing recorded images of motor vehicles traveling at speeds at 2 | |
| 148 | - | least 12 miles per hour above the posted speed limit. 3 | |
| 149 | - | ||
| 150 | - | [(9)] (10) “Speed monitoring system operator” means a representative of 4 | |
| 151 | - | an agency or contractor that operates a speed monitoring system. 5 | |
| 152 | - | ||
| 153 | - | (b) (1) (i) A speed monitoring system may not be used in a local jurisdiction 6 | |
| 154 | - | under this section unless its use is authorized by the governing body of the local jurisdiction 7 | |
| 155 | - | by local law enacted after reasonable notice and a public hearing. 8 | |
| 156 | - | ||
| 157 | - | (c) (1) Unless the driver of the motor vehicle received a citation from a police 9 | |
| 158 | - | officer at the time of the violation, the owner or, in accordance with subsection (f)(4) of this 10 | |
| 159 | - | section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is 11 | |
| 160 | - | recorded by a speed monitoring system while being operated in violation of this subtitle. 12 | |
| 161 | - | ||
| 162 | - | (d) (1) Subject to the provisions of paragraphs (2) through (4) of this 13 | |
| 163 | - | subsection, an agency shall mail to an owner liable under subsection (c) of this section a 14 | |
| 164 | - | citation that shall include: 15 | |
| 165 | - | ||
| 166 | - | (viii) A signed statement by a duly authorized law enforcement officer 16 | |
| 167 | - | OR A TECHNICIAN employed by or under contract with an agency that, based on inspection 17 | |
| 168 | - | of recorded images, the motor vehicle was being operated in violation of this subtitle; 18 | |
| 169 | - | ||
| 170 | - | (e) (1) (I) A certificate alleging that the violation of this subtitle occurred 19 | |
| 171 | - | and the requirements under subsection (b) of this section have been satisfied, sworn to, or 20 | |
| 172 | - | affirmed by a duly authorized law enforcement officer OR A TECHNICIAN employed by or 21 | |
| 173 | - | under contract with an agency, based on inspection of recorded images produced by a speed 22 | |
| 174 | - | monitoring system, shall be evidence of the facts contained in the certificate and shall be 23 | |
| 175 | - | admissible in a proceeding alleging a violation under this section without the presence or 24 | |
| 176 | - | testimony of the speed monitoring system operator who performed the requirements under 25 | |
| 177 | - | subsection (b) of this section. 26 | |
| 178 | - | ||
| 179 | - | (II) A DULY AUTHORIZED LAW ENFORCEMENT OFFICER OR A 27 | |
| 180 | - | TECHNICIAN EMPLOYED BY OR UNDER CONTRACT WITH AN AGENCY SHALL 28 | |
| 181 | - | COMPLETE REASONA BLE TRAINING SPECIFI C TO THE SPEED MONIT ORING SYSTEM 29 | |
| 182 | - | BEFORE CERTIFYING AN Y CERTIFICATES OF VI OLATION. 30 | |
| 183 | - | ||
| 184 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31 | |
| 185 | - | October 1, 2025. 32 | |
| 186 | 98 | ||
| 187 | 99 |