237 | | - | (II) USED ONLY FOR PROVIDI NG YOUTH PROGRAMMING AND 34 |
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238 | | - | SERVICES FOR YOUTH L IVING IN OR ATTENDIN G A SCHOOL LOCATED I N THE 45TH 35 |
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239 | | - | LEGISLATIVE DISTRICT . 36 6 SENATE BILL 600 |
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| 231 | + | Article – Courts and Judicial Proceedings 27 |
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| 232 | + | |
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| 233 | + | 4–401. 28 |
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| 234 | + | |
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| 235 | + | Except as provided in § 4–402 of this subtitle, and subject to the venue provisions of 29 |
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| 236 | + | Title 6 of this article, the District Court has exclusive original civil jurisdiction in: 30 |
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| 237 | + | |
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| 238 | + | (13) A proceeding for a civil infraction under § 21–202.1, § 21–704.1, § 31 |
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| 239 | + | 21–706.1, § 21–707.1, § 21–707.2, § 21–809, § 21–810, § 21–1134, § 22–612, or § 24–111.3 32 |
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| 240 | + | of the Transportation Article or § 10–112 of the Criminal Law Article; 33 |
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| 241 | + | 6 SENATE BILL 600 |
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| 242 | + | |
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| 243 | + | |
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| 244 | + | Article – Transportation 1 |
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| 245 | + | |
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| 246 | + | 21–707. 2 |
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| 247 | + | |
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| 248 | + | (a) Unless otherwise directed by a police officer or traffic control signal, the driver 3 |
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| 249 | + | of a vehicle approaching a stop sign at an intersection shall stop at the near side of the 4 |
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| 250 | + | intersection at a clearly marked stop line. 5 |
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| 251 | + | |
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| 252 | + | (b) Unless otherwise directed by a police officer or traffic control signal, the driver 6 |
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| 253 | + | of a vehicle approaching a stop sign at an intersection shall stop at the near side of the 7 |
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| 254 | + | intersection and, if there is no clearly marked stop line, before entering any crosswalk. 8 |
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| 255 | + | |
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| 256 | + | (c) Unless otherwise directed by a police officer or traffic control signal, the driver 9 |
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| 257 | + | of a vehicle approaching a stop sign at an intersection shall stop at the near side of an 10 |
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| 258 | + | intersection and, if there is no crosswalk, at the nearest point before entering the 11 |
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| 259 | + | intersection that gives the driver a view of traffic approaching on the intersecting roadway. 12 |
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| 260 | + | |
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| 261 | + | (d) The driver of a vehicle approaching a yield sign at an intersection, if required 13 |
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| 262 | + | for safety to stop, shall stop at the near side of the intersection at a clearly marked stop 14 |
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| 263 | + | line. 15 |
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| 264 | + | |
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| 265 | + | (e) The driver of a vehicle approaching a yield sign at an intersection, if required 16 |
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| 266 | + | for safety to stop, shall stop at the near side of the intersection and, if there is no clearly 17 |
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| 267 | + | marked stop line, before entering any crosswalk. 18 |
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| 268 | + | |
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| 269 | + | (f) The driver of a vehicle approaching a yield sign at an intersection, if required 19 |
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| 270 | + | for safety to stop, shall stop at the near side of the intersection and, if there is no crosswalk, 20 |
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| 271 | + | at the nearest point before entering the intersection that gives the driver a view of traffic 21 |
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| 272 | + | approaching on the intersecting roadway. 22 |
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| 273 | + | |
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| 274 | + | 21–707.2. 23 |
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| 275 | + | |
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| 276 | + | (A) THIS SECTION APPLIES ONLY IN BALTIMORE CITY. 24 |
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| 277 | + | |
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| 278 | + | (B) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 25 |
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| 279 | + | INDICATED. 26 |
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| 280 | + | |
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| 281 | + | (2) “AGENCY” MEANS A LAW ENFORCEMENT AGEN CY THAT IS 27 |
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| 282 | + | AUTHORIZED TO ISSUE A CITATION FOR A VIO LATION OF THE MARYLAND VEHICLE 28 |
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| 283 | + | LAW OR OF LOCAL TRAFFIC L AWS OR REGULATIONS . 29 |
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| 284 | + | |
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| 285 | + | (3) (I) “OWNER” MEANS THE REGISTERED OWNER OF A MOTOR 30 |
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| 286 | + | VEHICLE OR LESSEE OF A MOTOR VEHICLE UNDE R A LEASE OF 6 MONTHS OR MORE . 31 |
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| 287 | + | |
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| 288 | + | (II) “OWNER” DOES NOT INCLUDE : 32 |
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| 289 | + | SENATE BILL 600 7 |
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| 290 | + | |
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| 291 | + | |
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| 292 | + | 1. A MOTOR VEHICLE LEASIN G COMPANY; OR 1 |
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| 293 | + | |
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| 294 | + | 2. A HOLDER OF A SPECIAL REGISTRATION PLATE 2 |
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| 295 | + | ISSUED UNDER TITLE 13, SUBTITLE 9, PART III OF THIS ARTICLE. 3 |
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| 296 | + | |
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| 297 | + | (4) “RECORDED IMAGE ” MEANS IMAGES RECORDE D BY A STOP SIGN 4 |
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| 298 | + | MONITORING SYSTEM : 5 |
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| 299 | + | |
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| 300 | + | (I) ON: 6 |
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| 301 | + | |
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| 302 | + | 1. TWO OR MORE PHOTOGRAP HS; 7 |
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| 303 | + | |
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| 304 | + | 2. TWO OR MORE MICROPHOTOGRAPHS ; 8 |
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| 305 | + | |
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| 306 | + | 3. TWO OR MORE ELECTRONI C IMAGES; 9 |
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| 307 | + | |
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| 308 | + | 4. VIDEOTAPE; OR 10 |
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| 309 | + | |
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| 310 | + | 5. ANY OTHER MEDIUM ; AND 11 |
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| 311 | + | |
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| 312 | + | (II) SHOWING A MOTOR VEHIC LE AND, ON AT LEAST ONE IMAG E 12 |
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| 313 | + | OR PORTION OF TAPE , CLEARLY IDENTIFYING THE REGISTRATION PLA TE NUMBER 13 |
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| 314 | + | OF THE MOTOR VEHI CLE. 14 |
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| 315 | + | |
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| 316 | + | (5) “STOP SIGN MONITORING SYSTEM ” MEANS A DEVICE DESIG NED 15 |
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| 317 | + | TO CAPTURE A RECORDE D IMAGE OF A VIOLATI ON. 16 |
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| 318 | + | |
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| 319 | + | (6) (I) “VIOLATION” MEANS A FAILURE TO C OME TO A COMPLETE 17 |
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| 320 | + | STOP AT A STOP SIGN IN VIOLATION OF § 21–707 OF THIS SUBTITLE. 18 |
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| 321 | + | |
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| 322 | + | (II) “VIOLATION” DOES NOT INCLUDE ANY ACTION A DRIVER IS 19 |
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| 323 | + | INSTRUCTED TO TAKE B Y A POLICE OFFICER . 20 |
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| 324 | + | |
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| 325 | + | (C) (1) SUBJECT TO PARAGRAPHS (2) THROUGH (4) OF THIS 21 |
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| 326 | + | SUBSECTION, AN AGENCY MAY USE ST OP SIGN MONITORING SYSTEMS : 22 |
---|
| 327 | + | |
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| 328 | + | (I) ON HIGHWAYS LOCATED I N A SCHOOL ZONE IN THE 45TH 23 |
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| 329 | + | LEGISLATIVE DISTRICT AND MAINTAINED BY BALTIMORE CITY, IF AUTHORIZED BY 24 |
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| 330 | + | THE CITY COUNCIL OF BALTIMORE CITY; OR 25 |
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| 331 | + | |
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| 332 | + | (II) ON STATE HIGHWAYS LOCATE D IN A SCHOOL ZONE IN THE 26 |
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| 333 | + | 45TH LEGISLATIVE DISTRICT , IF AUTHORIZED BY THE STATE HIGHWAY 27 |
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| 334 | + | ADMINISTRATION . 28 |
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| 335 | + | 8 SENATE BILL 600 |
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| 336 | + | |
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| 337 | + | |
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| 338 | + | (2) A STOP SIGN MONITORING SYSTEM MA Y NOT BE USED UNDER THIS 1 |
---|
| 339 | + | SECTION UNLESS ITS U SE IS AUTHORIZED BY THE CITY COUNCIL OF BALTIMORE 2 |
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| 340 | + | CITY BY LOCAL LAW ENA CTED AFTER REASONABL E NOTICE AND A PUBLI C HEARING. 3 |
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| 341 | + | |
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| 342 | + | (3) BEFORE BEGINNING USE OF STOP SIGN MONITORING SYSTE MS, 4 |
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| 343 | + | AN AGENCY SHALL PUBL ISH NOTICE THAT THE AGENCY HAS ADOPTED T HE USE OF 5 |
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| 344 | + | STOP SIGN MONITORING SYSTEMS O N ITS WEBSITE AND IN A NEWSPAPER OF 6 |
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| 345 | + | GENERAL CIRCULATION IN BALTIMORE CITY. 7 |
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| 346 | + | |
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| 347 | + | (4) (I) THE CITY SHALL PROMINENTLY PL ACE SIGNS ON 8 |
---|
| 348 | + | HIGHWAYS WITHIN THE CITY PROVIDING NOTICE THA T STOP SIGN MONITORING 9 |
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| 349 | + | SYSTEMS ARE USED IN THE CITY. 10 |
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| 350 | + | |
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| 351 | + | (II) THE STATE HIGHWAY ADMINISTRATION SHALL PLACE 11 |
---|
| 352 | + | SIGNS PROMINENTLY PR OVIDING NOTICE THAT STOP SIGN MONITORING SYSTEMS 12 |
---|
| 353 | + | ARE IN USE ON STATE HIGHWAYS . 13 |
---|
| 354 | + | |
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| 355 | + | (D) A RECORDED IMAGE UNDER THIS SECTION INDICAT ING THAT THE 14 |
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| 356 | + | DRIVER OF A MOTOR VE HICLE HAS COMMITTED A VIOLATION SHALL IN CLUDE: 15 |
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| 357 | + | |
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| 358 | + | (1) THE TIME AND DATE OF THE VIOLATION; AND 16 |
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| 359 | + | |
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| 360 | + | (2) TO THE EXTENT POSSIBL E, THE LOCATION OF THE VIOLATION. 17 |
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| 361 | + | |
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| 362 | + | (E) (1) UNLESS THE DRIVER OF THE MOTOR VEHICLE RECEIVED A 18 |
---|
| 363 | + | CITATION FROM A POLI CE OFFICER AT THE TI ME OF THE VIOLATION , THE OWNER 19 |
---|
| 364 | + | OR, IN ACCORDANCE WITH S UBSECTION (F)(3) OR (H)(4) OR (5) OF THIS SECTION , 20 |
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| 365 | + | THE DRIVER OF A MOTO R VEHICLE IS SUBJECT TO A CIVIL PENALTY I F THE MOTOR 21 |
---|
| 366 | + | VEHICLE IS RECORDE D BY A STOP SIGN MONITORING SYSTEM DU RING THE 22 |
---|
| 367 | + | COMMISSION OF A VIOL ATION. 23 |
---|
| 368 | + | |
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| 369 | + | (2) A CIVIL PENALTY UNDER THIS SUBSECTION MAY NOT EXCEED $40. 24 |
---|
| 370 | + | |
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| 371 | + | (3) FOR PURPOSES OF THIS SECTION, THE DISTRICT COURT SHALL 25 |
---|
| 372 | + | PRESCRIBE: 26 |
---|
| 373 | + | |
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| 374 | + | (I) A UNIFORM CITATION FOR M CONSISTENT WI TH 27 |
---|
| 375 | + | SUBSECTION (F)(1) OF THIS SECTION AND § 7–302 OF THE COURTS ARTICLE; AND 28 |
---|
| 376 | + | |
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| 377 | + | (II) A CIVIL PENALTY , WHICH SHALL BE INDIC ATED ON THE 29 |
---|
| 378 | + | CITATION, TO BE PAID BY PERSON S WHO CHOOSE TO PREP AY THE CIVIL PENALTY 30 |
---|
| 379 | + | WITHOUT APPEARING IN DISTRICT COURT. 31 |
---|
| 380 | + | SENATE BILL 600 9 |
---|
| 381 | + | |
---|
| 382 | + | |
---|
| 383 | + | (F) (1) SUBJECT TO THE PROVIS IONS OF PARAGRAPHS (2) THROUGH (5) 1 |
---|
| 384 | + | OF THIS SUBSECTION , AN AGENCY SHALL MAIL TO THE OWNER LIABLE UNDER 2 |
---|
| 385 | + | SUBSECTION (E) OF THIS SECTION A CI TATION THAT SHALL IN CLUDE: 3 |
---|
| 386 | + | |
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| 387 | + | (I) THE NAME AND ADDRESS OF THE REGISTERED OW NER OF 4 |
---|
| 388 | + | THE MOTOR VEHIC LE; 5 |
---|
| 389 | + | |
---|
| 390 | + | (II) THE REGISTRATION NUMB ER OF THE MOTOR VEHI CLE 6 |
---|
| 391 | + | INVOLVED IN THE VIOL ATION; 7 |
---|
| 392 | + | |
---|
| 393 | + | (III) THE VIOLATION CHARGED ; 8 |
---|
| 394 | + | |
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| 395 | + | (IV) TO THE EXTENT POSSIBL E, THE LOCATION OF THE 9 |
---|
| 396 | + | VIOLATION; 10 |
---|
| 397 | + | |
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| 398 | + | (V) THE DATE AND TIME OF THE VIOLATION; 11 |
---|
| 399 | + | |
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| 400 | + | (VI) A COPY OF THE RECORDE D IMAGE; 12 |
---|
| 401 | + | |
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| 402 | + | (VII) THE AMOUNT OF THE CIV IL PENALTY IMPOSED A ND THE 13 |
---|
| 403 | + | DATE BY WHICH THE CI VIL PENALTY MUST BE PAID; 14 |
---|
| 404 | + | |
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| 405 | + | (VIII) A SIGNED STATEMENT BY A TECHNICIAN EMPLOYE D BY THE 15 |
---|
| 406 | + | AGENCY THAT , BASED ON THE INSPECT ION OF THE RECORDED IMAGE, THE MOTOR 16 |
---|
| 407 | + | VEHICLE WAS BEING OPERATED DURIN G THE COMMISSION OF A VIOLATION; 17 |
---|
| 408 | + | |
---|
| 409 | + | (IX) A STATEMENT THAT THE R ECORDED IMAGE IS EVI DENCE OF 18 |
---|
| 410 | + | A VIOLATION; AND 19 |
---|
| 411 | + | |
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| 412 | + | (X) INFORMATION ADVISING THE PERSON ALLEGED T O BE 20 |
---|
| 413 | + | LIABLE UNDER THIS SE CTION: 21 |
---|
| 414 | + | |
---|
| 415 | + | 1. OF THE MANNER AND TIM E IN WHICH LIABILITY AS 22 |
---|
| 416 | + | ALLEGED IN THE CITAT ION MAY BE CONTESTED IN THE DISTRICT COURT; AND 23 |
---|
| 417 | + | |
---|
| 418 | + | 2. THAT FAILURE TO PAY T HE CIVIL PENALTY OR TO 24 |
---|
| 419 | + | CONTEST LIABILITY IN A TIMELY MANNER IS A N ADMISSION OF LIABI LITY AND MAY 25 |
---|
| 420 | + | RESULT IN REFUSAL OR SUSPENSION OF THE MO TOR VEHICLE REGISTRATION . 26 |
---|
| 421 | + | |
---|
| 422 | + | (2) THE AGENCY MAY MAIL A WARNING NOTICE IN PL ACE OF A 27 |
---|
| 423 | + | CITATION TO THE OWNE R LIABLE UNDER SUBSE CTION (E) OF THIS SECTION. 28 |
---|
| 424 | + | |
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| 425 | + | (3) (I) BEFORE MAILING A CITA TION TO A MOTOR VEHI CLE 29 |
---|
| 426 | + | RENTAL COMPANY LIABL E UNDER SUBSECTION (E) OF THIS SECTION , AN AGENCY 30 10 SENATE BILL 600 |
---|
| 427 | + | |
---|
| 428 | + | |
---|
| 429 | + | SHALL MAIL A NOTICE TO THE MOTOR VEHICLE RENTAL COMPANY STATI NG THAT A 1 |
---|
| 430 | + | CITATION WILL BE MAI LED TO THE MOTOR VEH ICLE RENTAL COMPANY UNLESS, 2 |
---|
| 431 | + | WITHIN 45 DAYS AFTER RECEIVING THE NOTICE, THE MOTOR VEHICLE RE NTAL 3 |
---|
| 432 | + | COMPANY PROVIDES THE AGENCY WITH: 4 |
---|
| 433 | + | |
---|
| 434 | + | 1. A STATEMENT MADE UNDER OATH THAT STATES THE 5 |
---|
| 435 | + | NAME AND LAST KNOWN MAILING ADDRESS OF T HE INDIVIDUAL DRIVIN G OR 6 |
---|
| 436 | + | RENTING THE MOTOR VE HICLE WHEN THE VIOL ATION OCCURRED ; 7 |
---|
| 437 | + | |
---|
| 438 | + | 2. A. A STATEMENT MADE UNDER OATH THAT 8 |
---|
| 439 | + | STATES THAT THE MOTO R VEHICLE RENTAL COM PANY IS UNABLE TO DE TERMINE 9 |
---|
| 440 | + | WHO WAS DRIVING THE MOTOR VEHICLE AT THE TIME THE VIOLATION O CCURRED 10 |
---|
| 441 | + | BECAUSE THE MOTOR VE HICLE WAS STOLEN AT THE TIME OF THE VIO LATION; AND 11 |
---|
| 442 | + | |
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| 443 | + | B. A COPY OF THE POLICE R EPORT ASSOCIATED WIT H 12 |
---|
| 444 | + | THE MOTOR VEHICLE TH EFT CLAIMED UNDER IT EM A OF THIS ITEM; OR 13 |
---|
| 445 | + | |
---|
| 446 | + | 3. PAYMENT FOR THE PENAL TY ASSOCIATED WITH T HE 14 |
---|
| 447 | + | VIOLATION. 15 |
---|
| 448 | + | |
---|
| 449 | + | (II) AN AGENCY MAY NOT MAI L A CITATION TO A MO TOR 16 |
---|
| 450 | + | VEHICLE RENTA L COMPANY LIABLE UND ER SUBSECTION (E) OF THIS SECTION IF 17 |
---|
| 451 | + | THE MOTOR VEHICLE RE NTAL COMPANY COMPLIE S WITH SUBPARAGRAPH (I) OF 18 |
---|
| 452 | + | THIS PARAGRAPH . 19 |
---|
| 453 | + | |
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| 454 | + | (4) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION 20 |
---|
| 455 | + | AND SUBSECTION (H)(4) AND (5) OF THIS SECTION, A CITATION ISSUED UNDER THI S 21 |
---|
| 456 | + | SECTION SHALL BE MAI LED NOT LATER THAN 2 WEEKS AFTER THE ALLE GED 22 |
---|
| 457 | + | VIOLATION. 23 |
---|
| 458 | + | |
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| 459 | + | (5) A PERSON WHO RECEIVES A CITATION UNDER PAR AGRAPH (1) OF 24 |
---|
| 460 | + | THIS SUBSECTION MAY : 25 |
---|
| 461 | + | |
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| 462 | + | (I) PAY THE CIVIL PENALTY IN ACCORDANCE WITH 26 |
---|
| 463 | + | INSTRUCTIONS ON THE CITATION; OR 27 |
---|
| 464 | + | |
---|
| 465 | + | (II) ELECT TO STAND TRIAL FOR THE ALLEGED VIOL ATION. 28 |
---|
| 466 | + | |
---|
| 467 | + | (G) (1) A CERTIFICATE ALLEGING THAT A VIOLATION OCC URRED, SWORN 29 |
---|
| 468 | + | TO OR AFFIRMED BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER EMPLOYED 30 |
---|
| 469 | + | BY OR UNDER CONTRACT WITH AN AGENCY , BASED ON THE INSPEC TION OF A 31 |
---|
| 470 | + | RECORDED IMAGE , SHALL BE EVIDENCE OF THE FACTS CONTAINED IN THE 32 |
---|
| 471 | + | CERTIFICATE AND SHAL L BE ADMISSIBLE IN A NY PROCEEDING CONCER NING THE 33 |
---|
| 472 | + | ALLEGED VIOLATION . 34 SENATE BILL 600 11 |
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385 | | - | 4. VIDEOTAPE; OR 1 |
---|
386 | | - | |
---|
387 | | - | 5. ANY OTHER MEDIUM ; AND 2 |
---|
388 | | - | |
---|
389 | | - | (II) SHOWING A MOTOR VEHIC LE AND, ON AT LEAST ONE IMAG E 3 |
---|
390 | | - | OR PORTION OF TAPE , CLEARLY IDENTIFYING THE REGISTRATION PLA TE NUMBER 4 |
---|
391 | | - | OF THE MOTOR VEHICLE . 5 |
---|
392 | | - | |
---|
393 | | - | (5) “STOP SIGN MONITORING SYSTEM” MEANS A DEVICE DESIG NED 6 |
---|
394 | | - | TO CAPTURE A RECORDE D IMAGE OF A VIOLATI ON. 7 |
---|
395 | | - | |
---|
396 | | - | (6) (I) “VIOLATION” MEANS A FAILURE TO C OME TO A COMPLETE 8 |
---|
397 | | - | STOP AT A STOP SIGN IN VIOLATION OF § 21–707 OF THIS SUBTITLE. 9 |
---|
398 | | - | |
---|
399 | | - | (II) “VIOLATION” DOES NOT INCLUDE ANY ACTION A DRIVER IS 10 |
---|
400 | | - | INSTRUCTED TO TAKE B Y A POLICE OFFICER . 11 |
---|
401 | | - | |
---|
402 | | - | (C) (1) SUBJECT TO PARAGRAPHS (2) THROUGH (4) OF THIS 12 |
---|
403 | | - | SUBSECTION, AN AGENCY MAY USE ST OP SIGN MONITORING S YSTEMS: 13 |
---|
404 | | - | |
---|
405 | | - | (I) ON HIGHWAYS LOCATED I N A SCHOOL ZONE IN THE 45TH 14 |
---|
406 | | - | LEGISLATIVE DISTRICT AND MAINTAINED BY BALTIMORE CITY, IF AUTHORIZED BY 15 |
---|
407 | | - | THE CITY COUNCIL OF BALTIMORE CITY; OR 16 |
---|
408 | | - | |
---|
409 | | - | (II) ON STATE HIGHWAYS LOCATE D IN A SCHOOL ZONE IN THE 17 |
---|
410 | | - | 45TH LEGISLATIVE DISTR ICT, IF AUTHORI ZED BY THE STATE HIGHWAY 18 |
---|
411 | | - | ADMINISTRATION . 19 |
---|
412 | | - | |
---|
413 | | - | (2) A STOP SIGN MONITORING SYSTEM MAY NOT BE US ED UNDER THIS 20 |
---|
414 | | - | SECTION UNLESS ITS U SE IS AUTHORIZED BY THE CITY COUNCIL OF BALTIMORE 21 |
---|
415 | | - | CITY BY LOCAL LAW ENA CTED AFTER REASONABL E NOTICE AND A PUBLI C HEARING. 22 |
---|
416 | | - | |
---|
417 | | - | (3) BEFORE BEGINNING USE O F STOP SIGN MONITORING SYSTEMS , 23 |
---|
418 | | - | AN AGENCY SHALL PUBL ISH NOTICE THAT THE AGENCY HAS ADOPTED T HE USE OF 24 |
---|
419 | | - | STOP SIGN MONITORING SYSTEMS ON ITS WEBSI TE AND IN A NEWSPAPE R OF 25 |
---|
420 | | - | GENERAL CIRCULATION IN BALTIMORE CITY. 26 |
---|
421 | | - | |
---|
422 | | - | (4) (I) THE CITY SHALL PROMINENTLY PLACE SI GNS ON 27 |
---|
423 | | - | HIGHWAYS WITHIN THE CITY PROVIDING NOTICE THAT STOP SIGN MONITORING 28 |
---|
424 | | - | SYSTEMS ARE USED IN THE CITY. 29 |
---|
425 | | - | 10 SENATE BILL 600 |
---|
426 | | - | |
---|
427 | | - | |
---|
428 | | - | (II) THE STATE HIGHWAY ADMINISTRATION SHALL PLACE 1 |
---|
429 | | - | SIGNS PROMINENTLY PR OVIDING NOTICE THAT STOP SIGN MONITORING SYSTEMS 2 |
---|
430 | | - | ARE IN USE ON STATE HIGHWAYS . 3 |
---|
431 | | - | |
---|
432 | | - | (D) A RECORDED IMAGE UNDER THIS SECTION INDICAT ING THAT THE 4 |
---|
433 | | - | DRIVER OF A MOTOR VE HICLE HAS COMMITTED A VIOLATION SHALL IN CLUDE: 5 |
---|
434 | | - | |
---|
435 | | - | (1) THE TIME AND DATE OF THE VIOLATION; AND 6 |
---|
436 | | - | |
---|
437 | | - | (2) TO THE EXTENT POSSIBL E, THE LOCATION OF THE VIOLATION. 7 |
---|
438 | | - | |
---|
439 | | - | (E) (1) UNLESS THE DRIVER OF THE MOTOR VEHICLE RE CEIVED A 8 |
---|
440 | | - | CITATION FROM A POLI CE OFFICER AT THE TI ME OF THE VIOLATION , THE OWNER 9 |
---|
441 | | - | OR, IN ACCORDANCE WITH S UBSECTION (F)(3) OR (H)(4) OR (5) OF THIS SECTION , 10 |
---|
442 | | - | THE DRIVER OF A MOTO R VEHICLE IS SUBJECT TO A CIVIL P ENALTY IF THE MOTOR 11 |
---|
443 | | - | VEHICLE IS RECORDED BY A STOP SIGN MONIT ORING SYSTEM DURING THE 12 |
---|
444 | | - | COMMISSION OF A VIOL ATION. 13 |
---|
445 | | - | |
---|
446 | | - | (2) A CIVIL PENALTY UNDER THIS SUBSECTION MAY NOT EXCEED $40. 14 |
---|
447 | | - | |
---|
448 | | - | (3) FOR PURPOSES OF THIS SECTION, THE DISTRICT COURT SHAL L 15 |
---|
449 | | - | PRESCRIBE: 16 |
---|
450 | | - | |
---|
451 | | - | (I) A UNIFORM CITATION FOR M CONSISTENT WITH 17 |
---|
452 | | - | SUBSECTION (F)(1) OF THIS SECTION AND § 7–302 OF THE COURTS ARTICLE; AND 18 |
---|
453 | | - | |
---|
454 | | - | (II) A CIVIL PENALTY , WHICH SHALL BE INDIC ATED ON THE 19 |
---|
455 | | - | CITATION, TO BE PAID BY PERSON S WHO CHOOSE TO PREP AY THE CIVIL PENALTY 20 |
---|
456 | | - | WITHOUT APPEARING IN DISTRICT COURT. 21 |
---|
457 | | - | |
---|
458 | | - | (F) (1) SUBJECT TO THE PROVIS IONS OF PARAGRAPHS (2) THROUGH (5) 22 |
---|
459 | | - | OF THIS SUBSECTION , AN AGENCY SHALL MAIL TO THE OWNER LIABLE UNDER 23 |
---|
460 | | - | SUBSECTION (E) OF THIS SECTION A CI TATION THAT SHALL IN CLUDE: 24 |
---|
461 | | - | |
---|
462 | | - | (I) THE NAME AND ADDRESS OF THE R EGISTERED OWNER OF 25 |
---|
463 | | - | THE MOTOR VEHICLE ; 26 |
---|
464 | | - | |
---|
465 | | - | (II) THE REGISTRATION NUMB ER OF THE MOTOR VEHI CLE 27 |
---|
466 | | - | INVOLVED IN THE VIOL ATION; 28 |
---|
467 | | - | |
---|
468 | | - | (III) THE VIOLATION CHARGED ; 29 |
---|
469 | | - | |
---|
470 | | - | (IV) TO THE EXTENT POSSIBL E, THE LOCATION OF THE 30 |
---|
471 | | - | VIOLATION; 31 SENATE BILL 600 11 |
---|
472 | | - | |
---|
473 | | - | |
---|
474 | | - | |
---|
475 | | - | (V) THE DATE AND TIME OF THE VIOLATIO N; 1 |
---|
476 | | - | |
---|
477 | | - | (VI) A COPY OF THE RECORDED IMAGE; 2 |
---|
478 | | - | |
---|
479 | | - | (VII) THE AMOUNT OF THE CIV IL PENALTY IMPOSED A ND THE 3 |
---|
480 | | - | DATE BY WHICH THE CI VIL PENALTY MUST BE PAID; 4 |
---|
481 | | - | |
---|
482 | | - | (VIII) A SIGNED STATEMENT BY A TECHNICIAN EMPLOYE D BY THE 5 |
---|
483 | | - | AGENCY THAT , BASED ON THE INSPECTION OF THE RE CORDED IMAGE , THE MOTOR 6 |
---|
484 | | - | VEHICLE WAS BEING OP ERATED DURING THE CO MMISSION OF A VIOLAT ION; 7 |
---|
485 | | - | |
---|
486 | | - | (IX) A STATEMENT THAT THE R ECORDED IMAGE IS EVI DENCE OF 8 |
---|
487 | | - | A VIOLATION; AND 9 |
---|
488 | | - | |
---|
489 | | - | (X) INFORMATION ADVISING THE PERSON ALLEGED T O BE 10 |
---|
490 | | - | LIABLE UNDER THI S SECTION: 11 |
---|
491 | | - | |
---|
492 | | - | 1. OF THE MANNER AND TIM E IN WHICH LIABILITY AS 12 |
---|
493 | | - | ALLEGED IN THE CITAT ION MAY BE CONTESTED IN THE DISTRICT COURT; AND 13 |
---|
494 | | - | |
---|
495 | | - | 2. THAT FAILURE TO PAY T HE CIVIL PENALTY OR TO 14 |
---|
496 | | - | CONTEST LIABILITY IN A TIMELY MANNER IS A N ADMISSION OF LIABI LITY AND MAY 15 |
---|
497 | | - | RESULT IN REFUSAL OR SUSPENSION OF THE MO TOR VEHICLE REGISTRA TION. 16 |
---|
498 | | - | |
---|
499 | | - | (2) THE AGENCY MAY MAIL A WARNING NOTICE IN PL ACE OF A 17 |
---|
500 | | - | CITATION TO THE OWNE R LIABLE UNDER SUBSE CTION (E) OF THIS SECTION. 18 |
---|
501 | | - | |
---|
502 | | - | (3) (I) BEFORE MAILING A CITA TION TO A MOTOR VEHI CLE 19 |
---|
503 | | - | RENTAL COMPANY LIABLE UN DER SUBSECTION (E) OF THIS SECTION , AN AGENCY 20 |
---|
504 | | - | SHALL MAIL A NOTICE TO THE MOTOR VEHICLE RENTAL COMPANY STATI NG THAT A 21 |
---|
505 | | - | CITATION WILL BE MAI LED TO THE MOTOR VEH ICLE RENTAL COMPANY UNLESS, 22 |
---|
506 | | - | WITHIN 45 DAYS AFTER RECEIVING THE NOTICE, THE MOTO R VEHICLE RENTAL 23 |
---|
507 | | - | COMPANY PROVIDES THE AGENCY WITH: 24 |
---|
508 | | - | |
---|
509 | | - | 1. A STATEMENT MADE UNDER OATH THAT STATES THE 25 |
---|
510 | | - | NAME AND LAST KNOWN MAILING ADDRESS OF T HE INDIVIDUAL DRIVIN G OR 26 |
---|
511 | | - | RENTING THE MOTOR VE HICLE WHEN THE VIOLA TION OCCURRED ; 27 |
---|
512 | | - | |
---|
513 | | - | 2. A. A STATEMENT MADE UNDER OATH THAT 28 |
---|
514 | | - | STATES THAT THE MOTO R VEHICLE RENTAL COM PANY IS UNABLE TO DE TERMINE 29 |
---|
515 | | - | WHO WAS DRIVING THE MOTOR VEHICLE AT THE TIME THE VIOLATION O CCURRED 30 |
---|
516 | | - | BECAUSE THE MOTOR VE HICLE WAS STOLEN AT THE TIME OF THE VIOL ATION; AND 31 |
---|
517 | | - | 12 SENATE BILL 600 |
---|
518 | | - | |
---|
519 | | - | |
---|
520 | | - | B. A COPY OF THE POLICE R EPORT ASSOCIATED WITH 1 |
---|
521 | | - | THE MOTOR VEHICLE TH EFT CLAIMED UNDER IT EM A OF THIS ITEM; OR 2 |
---|
522 | | - | |
---|
523 | | - | 3. PAYMENT FOR THE PENAL TY ASSOCIATED WITH T HE 3 |
---|
524 | | - | VIOLATION. 4 |
---|
525 | | - | |
---|
526 | | - | (II) AN AGENCY MAY NOT MAI L A CITATION TO A MO TOR 5 |
---|
527 | | - | VEHICLE RENTAL COMPA NY LIABLE UNDER SUBS ECTION (E) OF THIS SECTION IF 6 |
---|
528 | | - | THE MOTOR VEHICLE RE NTAL COMPANY COMPLIE S WITH SUBPARAGRAPH (I) OF 7 |
---|
529 | | - | THIS PARAGRAPH . 8 |
---|
530 | | - | |
---|
531 | | - | (4) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION 9 |
---|
532 | | - | AND SUBSECTION (H)(4) AND (5) OF THIS SECTION, A CITATION ISSUED UN DER THIS 10 |
---|
533 | | - | SECTION SHALL BE MAI LED NOT LATER THAN 2 WEEKS AFTER THE ALLE GED 11 |
---|
534 | | - | VIOLATION. 12 |
---|
535 | | - | |
---|
536 | | - | (5) A PERSON WHO RECEIVES A CITATION UNDER PAR AGRAPH (1) OF 13 |
---|
537 | | - | THIS SUBSECTION MAY : 14 |
---|
538 | | - | |
---|
539 | | - | (I) PAY THE CIVIL PENALTY IN ACCORDANCE WITH 15 |
---|
540 | | - | INSTRUCTIONS ON THE CITATION; OR 16 |
---|
541 | | - | |
---|
542 | | - | (II) ELECT TO STAND TRIAL FOR THE ALLEGED VIOLATION . 17 |
---|
543 | | - | |
---|
544 | | - | (G) (1) A CERTIFICATE ALLEGING THAT A VIOLATION OCC URRED, SWORN 18 |
---|
545 | | - | TO OR AFFIRMED BY A DULY AUTHORIZED LAW ENFORCEMENT OFFICER EMPLOYED 19 |
---|
546 | | - | BY OR UNDER CONTRACT WITH AN AGENCY , BASED ON THE INSPECT ION OF A 20 |
---|
547 | | - | RECORDED IMAGE , SHALL BE EVIDENCE OF THE FACTS CONTAINED IN THE 21 |
---|
548 | | - | CERTIFICATE AND SHAL L BE ADMISSIBLE IN A NY PROCEEDING CONCER NING THE 22 |
---|
549 | | - | ALLEGED VIOLATION . 23 |
---|
550 | | - | |
---|
551 | | - | (2) ADJUDICATION OF LIABI LITY SHALL BE BASED ON 24 |
---|
552 | | - | PREPONDERANCE OF THE EVIDENCE. 25 |
---|
553 | | - | |
---|
554 | | - | (H) (1) THE DISTRICT COURT MAY CONSIDER IN DEFENSE OF A 26 |
---|
555 | | - | VIOLATION: 27 |
---|
556 | | - | |
---|
557 | | - | (I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THAT 28 |
---|
558 | | - | THE MOTOR VEHICLE OR REGISTRATION PLATES OF THE MOTOR VEHICLE WERE 29 |
---|
559 | | - | STOLEN BEFORE THE VI OLATION OCCURRED AND WERE NOT UNDER THE C ONTROL 30 |
---|
560 | | - | OR POSSESSION OF THE OWNER AT THE TIME OF THE VIOLATION; 31 |
---|
561 | | - | SENATE BILL 600 13 |
---|
562 | | - | |
---|
563 | | - | |
---|
564 | | - | (II) SUBJECT TO PARAGRAPH (3) OF THIS SUBSECTION , 1 |
---|
565 | | - | EVIDENCE THAT THE PE RSON NAMED IN THE CI TATION WAS NOT OPERA TING THE 2 |
---|
566 | | - | MOTOR VEHICLE AT THE TIME OF THE VIOLATIO N; AND 3 |
---|
567 | | - | |
---|
568 | | - | (III) ANY OTHER ISSUES AND EVIDENCE THAT THE DISTRICT 4 |
---|
569 | | - | COURT CONSIDERS PERTI NENT. 5 |
---|
570 | | - | |
---|
571 | | - | (2) TO DEMONSTRATE THAT T HE MOTOR VEHICLE OR THE 6 |
---|
572 | | - | REGISTRATION PLATES WERE STOLEN BEFORE T HE VIOLATION OCCURRE D AND 7 |
---|
573 | | - | WERE NOT UNDER THE C ONTROL OR POSSESSION OF THE OWNER AT THE TIME OF 8 |
---|
574 | | - | THE VIOLATION , THE OWNER MUST SUBMI T PROOF THAT A POLIC E REPORT ABOUT 9 |
---|
575 | | - | THE STOLEN MOTOR VEH ICLE OR REGISTRATION PLATES WAS FILED IN A TIMELY 10 |
---|
576 | | - | MANNER. 11 |
---|
577 | | - | |
---|
578 | | - | (3) TO SATISFY THE EVIDEN TIARY BURDEN UNDER P ARAGRAPH 12 |
---|
579 | | - | (1)(II) OF THIS SUBSECTION , THE PERSON NAMED IN THE CITATION SHALL P ROVIDE 13 |
---|
580 | | - | TO THE DISTRICT COURT EVIDENCE TO THE SATISFACTION OF THE DISTRICT 14 |
---|
581 | | - | COURT OF WHO WAS OPER ATING THE MOTOR VEHI CLE AT THE TIME OF T HE 15 |
---|
582 | | - | VIOLATION, INCLUDING, AT A MINIMUM , THE OPERATOR ’S NAME AND CURRENT 16 |
---|
583 | | - | ADDRESS. 17 |
---|
584 | | - | |
---|
585 | | - | (4) (I) THE PROVISIONS OF THI S PARAGRAPH APPLY ON LY TO A 18 |
---|
586 | | - | CITATION THAT INVOLV ES A CLASS E (TRUCK) VEHICLE WITH A REGIS TERED GROSS 19 |
---|
587 | | - | WEIGHT OF 26,001 POUNDS OR MORE , CLASS F (TRACTOR) VEHICLE, CLASS G 20 |
---|
588 | | - | (TRAILER) VEHICLE OPERATED IN COMBINATION WITH A CLASS F (TRACTOR) 21 |
---|
589 | | - | VEHICLE, OR CLASS P (PASSENGER BUS ) VEHICLE. 22 |
---|
590 | | - | |
---|
591 | | - | (II) TO SATISFY THE EVIDE NTIARY BURDEN UNDER 23 |
---|
592 | | - | PARAGRAPH (1)(II) OF THIS SUBSECTION , THE PERSON NAMED IN A CITATION 24 |
---|
593 | | - | DESCRIBED UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH MA Y PROVIDE TO THE 25 |
---|
594 | | - | DISTRICT COURT A LETTER , SWORN TO OR AFFIRMED BY THE PERSON AND MA ILED 26 |
---|
595 | | - | BY CERTIFIED MAIL , RETURN RECEIPT REQUESTED , THAT: 27 |
---|
596 | | - | |
---|
597 | | - | 1. STATES THAT THE PERSO N NAMED IN THE CITAT ION 28 |
---|
598 | | - | WAS NOT OPERATING TH E MOTOR VEHICLE AT T HE TIME OF THE VIOLA TION; AND 29 |
---|
599 | | - | |
---|
600 | | - | 2. PROVIDES THE NAME , ADDRESS, AND DRIVER ’S 30 |
---|
601 | | - | LICENSE IDENTIFICATI ON NUMBER OF THE PER SON WHO WAS OPERATING THE 31 |
---|
602 | | - | MOTOR VEHICLE AT THE TIME OF THE VIOLATIO N. 32 |
---|
603 | | - | |
---|
604 | | - | (5) (I) IF THE DISTRICT COURT FINDS THAT THE PERSON NAMED 33 |
---|
605 | | - | IN THE CITATION WAS NOT OPERATING THE MO TOR VEHICLE AT THE T IME OF THE 34 |
---|
606 | | - | VIOLATION OR RECEIVE S EVIDENCE UNDER PAR AGRAPH (4)(II)2 OF THIS 35 |
---|
607 | | - | SUBSECTION IDENTIFYING THE PERSON DRIVING T HE MOTOR VEHICLE AT THE TIME 36 14 SENATE BILL 600 |
---|
608 | | - | |
---|
609 | | - | |
---|
610 | | - | OF THE VIOLATION, THE CLERK OF COURT S HALL PROVIDE TO THE AGENCY ISSUING 1 |
---|
611 | | - | THE CITATION A COPY OF ANY EVIDENCE SUBS TANTIATING WHO WAS O PERATING 2 |
---|
612 | | - | THE MOTOR VEHICLE AT THE TIME OF THE VIOL ATION. 3 |
---|
613 | | - | |
---|
614 | | - | (II) ON RECEIPT OF SUBSTAN TIATING EVIDENCE FRO M THE 4 |
---|
615 | | - | DISTRICT COURT UNDER SUBPARAGR APH (I) OF THIS PARAGRAPH , THE AGENCY 5 |
---|
616 | | - | MAY ISSUE A CITATION AS PROVIDED IN SUBSE CTION (F) OF THIS SECTION TO T HE 6 |
---|
617 | | - | PERSON WHO THE EVIDE NCE INDICATES WAS OP ERATING THE MO TOR VEHICLE AT 7 |
---|
618 | | - | THE TIME OF THE VIOL ATION. 8 |
---|
619 | | - | |
---|
620 | | - | (III) A CITATION ISSUED UNDE R SUBPARAGRAPH (II) OF THIS 9 |
---|
621 | | - | PARAGRAPH SHALL BE M AILED NOT LATER THAN 2 WEEKS AFTER RECEIPT OF THE 10 |
---|
622 | | - | EVIDENCE FROM THE DISTRICT COURT. 11 |
---|
623 | | - | |
---|
624 | | - | (I) IF THE CIVIL PENALTY IS NOT PAID AND THE VIOLATION IS NOT 12 |
---|
625 | | - | CONTESTED, THE ADMINISTRATION MAY RE FUSE TO REGISTER OR REREGISTER OR 13 |
---|
626 | | - | MAY SUSPEND THE REGI STRATION OF THE MOTO R VEHICLE. 14 |
---|
627 | | - | |
---|
628 | | - | (J) A VIOLATION FOR WHICH A CIVIL PENALTY IS I MPOSED UNDER THIS 15 |
---|
629 | | - | SECTION: 16 |
---|
630 | | - | |
---|
631 | | - | (1) IS NOT A MOVING VIOLA TION FOR THE PU RPOSE OF ASSESSING 17 |
---|
632 | | - | POINTS UNDER § 16–402 OF THIS ARTICLE AND MAY NOT BE RECORDED BY THE 18 |
---|
633 | | - | ADMINISTRATION ON THE DRIVING RECORD OF TH E OWNER OR DRIVER OF THE 19 |
---|
634 | | - | MOTOR VEHICLE ; AND 20 |
---|
635 | | - | |
---|
636 | | - | (2) MAY NOT BE CONSIDERED IN THE PROVISION OF MOTOR VEHICLE 21 |
---|
637 | | - | INSURANCE COVERAGE . 22 |
---|
638 | | - | |
---|
639 | | - | (K) IN CONSULTATION WITH LAW ENFORCEMENT AGEN CIES, THE CHIEF 23 |
---|
640 | | - | JUDGE OF THE DISTRICT COURT SHALL ADOPT PRO CEDURES FOR THE ISSU ANCE 24 |
---|
641 | | - | OF CITATIONS, TRIALS FOR VIOLATION S, AND THE COLLECTION O F CIVIL PENALTIES 25 |
---|
642 | | - | IMPOSED UNDER THIS S ECTION. 26 |
---|
643 | | - | |
---|
644 | | - | (L) (1) AN AGENCY OR AN AGENT OR A CON TRACTOR DESIGNATED B Y THE 27 |
---|
645 | | - | AGENCY SHALL ADMINIS TER AND PROCESS CIVI L CITATIONS ISSUED U NDER THIS 28 |
---|
646 | | - | SECTION IN COORDINAT ION WITH THE DISTRICT COURT. 29 |
---|
647 | | - | |
---|
648 | | - | (2) IF A CONTRACTOR IN AN Y MANNER OPERATES A STOP SIGN 30 |
---|
649 | | - | MONITORING SYSTEM OR ADMINISTERS OR PROCESSES CITATIO NS GENERATED BY 31 |
---|
650 | | - | A STOP SIGN MONITORI NG SYSTEM ON BEHALF OF BALTIMORE CITY, THE 32 |
---|
651 | | - | CONTRACTOR ’S FEE MAY NOT BE CON TINGENT ON A PER –TICKET BASIS ON THE 33 |
---|
652 | | - | NUMBER OF CITATIONS ISSUED OR PAID. 34 |
---|
653 | | - | SENATE BILL 600 15 |
---|
654 | | - | |
---|
655 | | - | |
---|
656 | | - | 21–707.1. 1 |
---|
657 | | - | |
---|
658 | | - | (a) This section applies only in Prince George’s County, THE 45TH AND 46TH 2 |
---|
659 | | - | LEGISLATIVE DISTRICTS IN BALTIMORE CITY, AND THE CITY OF TAKOMA PARK. 3 |
---|
660 | | - | |
---|
661 | | - | (b) (1) In this section the following words have the meanings indicated. 4 |
---|
662 | | - | |
---|
663 | | - | (2) “Agency” means a law enforcement agency that is authorized to issue a 5 |
---|
664 | | - | citation for a violation of the Maryland Vehicle Law or of local traffic laws or regulations. 6 |
---|
665 | | - | |
---|
666 | | - | (3) (i) “Owner” means the registered owner of a motor vehicle or lessee of 7 |
---|
667 | | - | a motor vehicle under a lease of 6 months or more. 8 |
---|
668 | | - | |
---|
669 | | - | (ii) “Owner” does not include: 9 |
---|
670 | | - | |
---|
671 | | - | 1. A motor vehicle leasing company; or 10 |
---|
672 | | - | |
---|
673 | | - | 2. A holder of a special registration plate issued under Title 11 |
---|
674 | | - | 13, Subtitle 9, Part III of this article. 12 |
---|
675 | | - | |
---|
676 | | - | (4) “Recorded image” means images recorded by a stop sign monitoring 13 |
---|
677 | | - | system: 14 |
---|
678 | | - | |
---|
679 | | - | (i) On: 15 |
---|
680 | | - | |
---|
681 | | - | 1. Two or more photographs; 16 |
---|
682 | | - | |
---|
683 | | - | 2. Two or more microphotographs; 17 |
---|
684 | | - | |
---|
685 | | - | 3. Two or more electronic images; 18 |
---|
686 | | - | |
---|
687 | | - | 4. Videotape; or 19 |
---|
688 | | - | |
---|
689 | | - | 5. Any other medium; and 20 |
---|
690 | | - | |
---|
691 | | - | (ii) Showing a motor vehicle and, on at least one image or portion of 21 |
---|
692 | | - | tape, clearly identifying the registration plate number of the motor vehicle. 22 |
---|
693 | | - | |
---|
694 | | - | (5) “Stop sign monitoring system” means a device designed to capture a 23 |
---|
695 | | - | recorded image of a violation. 24 |
---|
696 | | - | |
---|
697 | | - | (6) (i) “Violation” means a failure to come to a complete stop at a stop 25 |
---|
698 | | - | sign in violation of § 21–707 of this subtitle. 26 |
---|
699 | | - | |
---|
700 | | - | (ii) “Violation” does not include any action a driver is instructed to 27 |
---|
701 | | - | take by a police officer. 28 |
---|
702 | | - | 16 SENATE BILL 600 |
---|
703 | | - | |
---|
704 | | - | |
---|
705 | | - | (c) (1) Subject to paragraphs (2) through (5) of this subsection, an agency may 1 |
---|
706 | | - | use stop sign monitoring systems: 2 |
---|
707 | | - | |
---|
708 | | - | (i) On highways located in a school zone maintained by a local 3 |
---|
709 | | - | jurisdiction, if authorized by the governing body of the local jurisdiction; or 4 |
---|
710 | | - | |
---|
711 | | - | (ii) On State highways located in a school zone, if authorized by the 5 |
---|
712 | | - | State Highway Administration. 6 |
---|
713 | | - | |
---|
714 | | - | (2) A stop sign monitoring system: 7 |
---|
715 | | - | |
---|
716 | | - | (i) May not be used in a local jurisdiction under this section unless 8 |
---|
717 | | - | its use is authorized by the governing body of the local jurisdiction by local law enacted after 9 |
---|
718 | | - | reasonable notice and a public hearing; and 10 |
---|
719 | | - | |
---|
720 | | - | (ii) [May] IN PRINCE GEORGE’S COUNTY, MAY only be used at a 11 |
---|
721 | | - | location approved by the Prince George’s County Council. 12 |
---|
722 | | - | |
---|
723 | | - | (3) [The county] PRINCE GEORGE’S COUNTY shall prioritize the 13 |
---|
724 | | - | placement of stop sign monitoring systems within municipalities that have high violation 14 |
---|
725 | | - | rates. 15 |
---|
726 | | - | |
---|
727 | | - | (4) Before beginning use of stop sign monitoring systems, an agency shall 16 |
---|
728 | | - | publish notice that the agency has adopted the use of stop sign monitoring systems on its 17 |
---|
729 | | - | website and, IN BALTIMORE CITY AND PRINCE GEORGE’S COUNTY ONLY , in a 18 |
---|
730 | | - | newspaper of general circulation in the jurisdiction in which the stop sign monitoring system 19 |
---|
731 | | - | will be used. 20 |
---|
732 | | - | |
---|
733 | | - | (5) (i) [The county] A LOCAL JURISDICTION T HAT IMPLEMENTS A 21 |
---|
734 | | - | STOP SIGN MONITORING SYSTEM shall prominently place signs on highways within the 22 |
---|
735 | | - | [county] LOCAL JURISDICTION providing notice that stop sign monitoring systems are 23 |
---|
736 | | - | used in the [county] LOCAL JURISDICTION . 24 |
---|
737 | | - | |
---|
738 | | - | (ii) The State Highway Administration shall place signs prominently 25 |
---|
739 | | - | providing notice that stop sign monitoring systems are in use on State highways. 26 |
---|
740 | | - | |
---|
741 | | - | (d) A recorded image under this section indicating that the driver of a motor 27 |
---|
742 | | - | vehicle has committed a violation shall include: 28 |
---|
743 | | - | |
---|
744 | | - | (1) The time and date of the violation; and 29 |
---|
745 | | - | |
---|
746 | | - | (2) To the extent possible, the location of the violation. 30 |
---|
747 | | - | |
---|
748 | | - | (e) (1) Unless the driver of the motor vehicle received a citation from a police 31 |
---|
749 | | - | officer at the time of the violation, the owner or, in accordance with subsection (f)(3) or (h)(4) 32 SENATE BILL 600 17 |
---|
750 | | - | |
---|
751 | | - | |
---|
752 | | - | or (5) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor 1 |
---|
753 | | - | vehicle is recorded by a stop sign monitoring system during the commission of a violation. 2 |
---|
754 | | - | |
---|
755 | | - | (2) A civil penalty under this subsection may not exceed $40. 3 |
---|
756 | | - | |
---|
757 | | - | (3) For purposes of this section, the District Court shall prescribe: 4 |
---|
758 | | - | |
---|
759 | | - | (i) A uniform citation form consistent with subsection (f)(1) of this 5 |
---|
760 | | - | section and § 7–302 of the Courts Article; and 6 |
---|
761 | | - | |
---|
762 | | - | (ii) A civil penalty, which shall be indicated on the citation, to be paid 7 |
---|
763 | | - | by persons who choose to prepay the civil penalty without appearing in District Court. 8 |
---|
764 | | - | |
---|
765 | | - | (f) (1) Subject to the provisions of paragraphs (2) through (5) of this subsection, 9 |
---|
766 | | - | an agency shall mail to the owner liable under subsection (e) of this section a citation that 10 |
---|
767 | | - | shall include: 11 |
---|
768 | | - | |
---|
769 | | - | (i) The name and address of the registered owner of the vehicle; 12 |
---|
770 | | - | |
---|
771 | | - | (ii) The registration PLATE number of the motor vehicle involved in 13 |
---|
772 | | - | the violation; 14 |
---|
773 | | - | |
---|
774 | | - | (iii) The violation charged; 15 |
---|
775 | | - | |
---|
776 | | - | (iv) To the extent possible, the location of the violation; 16 |
---|
777 | | - | |
---|
778 | | - | (v) The date and time of the violation; 17 |
---|
779 | | - | |
---|
780 | | - | (vi) A copy of the recorded image; 18 |
---|
781 | | - | |
---|
782 | | - | (vii) The amount of the civil penalty imposed and the date by which 19 |
---|
783 | | - | the civil penalty must be paid; 20 |
---|
784 | | - | |
---|
785 | | - | (viii) A signed statement by a technician employed by the agency that, 21 |
---|
786 | | - | based on the inspection of the recorded image, the motor vehicle was being operated during 22 |
---|
787 | | - | the commission of a violation; 23 |
---|
788 | | - | |
---|
789 | | - | (ix) A statement that the recorded image is evidence of a violation; and 24 |
---|
790 | | - | |
---|
791 | | - | (x) Information advising the person alleged to be liable under this 25 |
---|
792 | | - | section: 26 |
---|
793 | | - | |
---|
794 | | - | 1. Of the manner and time in which liability as alleged in the 27 |
---|
795 | | - | citation may be contested in the District Court; and 28 |
---|
796 | | - | 18 SENATE BILL 600 |
---|
797 | | - | |
---|
798 | | - | |
---|
799 | | - | 2. That failure to pay the civil penalty or to contest liability 1 |
---|
800 | | - | in a timely manner is an admission of liability and may result in refusal or suspension of 2 |
---|
801 | | - | the motor vehicle registration. 3 |
---|
802 | | - | |
---|
803 | | - | (2) The agency may mail a warning notice in place of a citation to the owner 4 |
---|
804 | | - | liable under subsection (e) of this section. 5 |
---|
805 | | - | |
---|
806 | | - | (3) (i) Before mailing a citation to a motor vehicle rental company liable 6 |
---|
807 | | - | under subsection (e) of this section, an agency shall mail a notice to the motor vehicle rental 7 |
---|
808 | | - | company stating that a citation will be mailed to the motor vehicle rental company unless, 8 |
---|
809 | | - | within 45 days after receiving the notice, the motor vehicle rental company provides the 9 |
---|
810 | | - | agency with: 10 |
---|
811 | | - | |
---|
812 | | - | 1. A statement made under oath that states the name and last 11 |
---|
813 | | - | known mailing address of the individual driving or renting the motor vehicle when the 12 |
---|
814 | | - | violation occurred; 13 |
---|
815 | | - | |
---|
816 | | - | 2. A. A statement made under oath that states that the 14 |
---|
817 | | - | motor vehicle rental company is unable to determine who was driving the vehicle at the time 15 |
---|
818 | | - | the violation occurred because the motor vehicle was stolen at the time of the violation; and 16 |
---|
819 | | - | |
---|
820 | | - | B. A copy of the police report associated with the motor vehicle 17 |
---|
821 | | - | theft claimed under item A of this item; or 18 |
---|
822 | | - | |
---|
823 | | - | 3. Payment for the penalty associated with the violation. 19 |
---|
824 | | - | |
---|
825 | | - | (ii) An agency may not mail a citation to a motor vehicle rental 20 |
---|
826 | | - | company liable under subsection (e) of this section if the motor vehicle rental company 21 |
---|
827 | | - | complies with subparagraph (i) of this paragraph. 22 |
---|
828 | | - | |
---|
829 | | - | (4) Except as provided in paragraph (3) of this subsection and subsection 23 |
---|
830 | | - | (h)(4) and (5) of this section, a citation issued under this section shall be mailed not later 24 |
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831 | | - | than 2 weeks after the alleged violation. 25 |
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832 | | - | |
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833 | | - | (5) A person who receives a citation under paragraph (1) of this subsection 26 |
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834 | | - | may: 27 |
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835 | | - | |
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836 | | - | (i) Pay the civil penalty in accordance with instructions on the 28 |
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837 | | - | citation; or 29 |
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838 | | - | |
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839 | | - | (ii) Elect to stand trial for the alleged violation. 30 |
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840 | | - | |
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841 | | - | (g) (1) A certificate alleging that a violation occurred, sworn to or affirmed by 31 |
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842 | | - | a duly authorized law enforcement officer employed by or under contract with an agency, 32 |
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843 | | - | based on the inspection of a recorded image, shall be evidence of the facts contained in the 33 |
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844 | | - | certificate and shall be admissible in any proceeding concerning the alleged violation. 34 |
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845 | | - | SENATE BILL 600 19 |
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846 | | - | |
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847 | | - | |
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848 | | - | (2) Adjudication of liability shall be based on preponderance of the evidence. 1 |
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849 | | - | |
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850 | | - | (h) (1) The District Court may consider in defense of a violation: 2 |
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851 | | - | |
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852 | | - | (i) Subject to paragraph (2) of this subsection, that the motor vehicle 3 |
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853 | | - | or registration plates of the motor vehicle were stolen before the violation occurred and were 4 |
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854 | | - | not under the control or possession of the owner at the time of the violation; 5 |
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855 | | - | |
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856 | | - | (ii) Subject to paragraph (3) of this subsection, evidence that the 6 |
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857 | | - | person named in the citation was not operating the vehicle at the time of the violation; and 7 |
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858 | | - | |
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859 | | - | (iii) Any other issues and evidence that the District Court considers 8 |
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860 | | - | pertinent. 9 |
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861 | | - | |
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862 | | - | (2) To demonstrate that the motor vehicle or the registration plates were 10 |
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863 | | - | stolen before the violation occurred and were not under the control or possession of the owner 11 |
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864 | | - | at the time of the violation, the owner must submit proof that a police report about the stolen 12 |
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865 | | - | motor vehicle or registration plates was filed in a timely manner. 13 |
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866 | | - | |
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867 | | - | (3) To satisfy the evidentiary burden under paragraph (1)(ii) of this 14 |
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868 | | - | subsection, the person named in the citation shall provide to the District Court evidence to 15 |
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869 | | - | the satisfaction of the District Court of who was operating the vehicle at the time of the 16 |
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870 | | - | violation, including, at a minimum, the operator’s name and current address. 17 |
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871 | | - | |
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872 | | - | (4) (i) The provisions of this paragraph apply only to a citation that 18 |
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873 | | - | involves a Class E (truck) vehicle with a registered gross weight of 26,001 pounds or more, 19 |
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874 | | - | Class F (tractor) vehicle, Class G (trailer) vehicle operated in combination with a Class F 20 |
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875 | | - | (tractor) vehicle, or Class P (passenger bus) vehicle. 21 |
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876 | | - | |
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877 | | - | (ii) To satisfy the evidentiary burden under paragraph (1)(ii) of this 22 |
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878 | | - | subsection, the person named in a citation described under subparagraph (i) of this 23 |
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879 | | - | paragraph may provide to the District Court a letter, sworn to or affirmed by the person and 24 |
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880 | | - | mailed by certified mail, return receipt requested, that: 25 |
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881 | | - | |
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882 | | - | 1. States that the person named in the citation was not 26 |
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883 | | - | operating the vehicle at the time of the violation; and 27 |
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884 | | - | |
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885 | | - | 2. Provides the name, address, and driver’s license 28 |
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886 | | - | identification number of the person who was operating the vehicle at the time of the violation. 29 |
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887 | | - | |
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888 | | - | (5) (i) If the District Court finds that the person named in the citation 30 |
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889 | | - | was not operating the vehicle at the time of the violation or receives evidence under 31 |
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890 | | - | paragraph (4)(ii)2 of this subsection identifying the person driving the vehicle at the time of 32 |
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891 | | - | the violation, the clerk of court shall provide to the agency issuing the citation a copy of any 33 |
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892 | | - | evidence substantiating who was operating the vehicle at the time of the violation. 34 |
---|
893 | | - | 20 SENATE BILL 600 |
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894 | | - | |
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895 | | - | |
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896 | | - | (ii) On receipt of substantiating evidence from the District Court 1 |
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897 | | - | under subparagraph (i) of this paragraph, the agency may issue a citation as provided in 2 |
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898 | | - | subsection (f) of this section to the person who the evidence indicates was operating the 3 |
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899 | | - | vehicle at the time of the violation. 4 |
---|
900 | | - | |
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901 | | - | (iii) A citation issued under subparagraph (ii) of this paragraph shall 5 |
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902 | | - | be mailed not later than 2 weeks after receipt of the evidence from the District Court. 6 |
---|
903 | | - | |
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904 | | - | (i) If the civil penalty is not paid and the violation is not contested, the 7 |
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905 | | - | Administration may refuse to register or reregister or may suspend the registration of the 8 |
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906 | | - | motor vehicle. 9 |
---|
907 | | - | |
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908 | | - | (j) A violation for which a civil penalty is imposed under this section: 10 |
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909 | | - | |
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910 | | - | (1) Is not a moving violation for the purpose of assessing points under § 11 |
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911 | | - | 16–402 of this article and may not be recorded by the Administration on the driving record 12 |
---|
912 | | - | of the owner or driver of the vehicle; and 13 |
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913 | | - | |
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914 | | - | (2) May not be considered in the provision of motor vehicle insurance 14 |
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915 | | - | coverage. 15 |
---|
916 | | - | |
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917 | | - | (k) In consultation with law enforcement agencies, the Chief Judge of the District 16 |
---|
918 | | - | Court shall adopt procedures for the issuance of citations, trials for violations, and the 17 |
---|
919 | | - | collection of civil penalties imposed under this section. 18 |
---|
920 | | - | |
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921 | | - | (l) (1) An agency or an agent or a contractor designated by the agency shall 19 |
---|
922 | | - | administer and process civil citations issued under this section in coordination with the 20 |
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923 | | - | District Court. 21 |
---|
924 | | - | |
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925 | | - | (2) If a contractor in any manner operates a stop sign monitoring system or 22 |
---|
926 | | - | administers or processes citations generated by a STOP SIGN monitoring system on behalf 23 |
---|
927 | | - | of a local jurisdiction, the contractor’s fee may not be contingent on a per–ticket basis on the 24 |
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928 | | - | number of citations issued or paid. 25 |
---|
929 | | - | |
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930 | | - | SECTION 4. 2. AND BE IT FURTHER ENACTED, That, on or before December 1, 26 |
---|
931 | | - | 2026 2027, the Baltimore City Department of Transportation shall and the City of Takoma 27 |
---|
932 | | - | Park, respectively, shall each report to the Governor and, in accordance with § 2–1257 of 28 |
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933 | | - | the State Government Article, the General Assembly on: 29 |
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934 | | - | |
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935 | | - | (1) through October 1, 2026 2027: 30 |
---|
936 | | - | |
---|
937 | | - | (i) the time period during which stop sign monitoring systems were 31 |
---|
938 | | - | in use in the City local jurisdiction; and 32 |
---|
939 | | - | |
---|
940 | | - | (ii) the number of warnings and citations issued as a result of 33 |
---|
941 | | - | violations recorded by a stop sign monitoring system in the City local jurisdiction over the 34 |
---|
942 | | - | reported time period, by location and date; 35 SENATE BILL 600 21 |
---|
943 | | - | |
---|
944 | | - | |
---|
945 | | - | |
---|
946 | | - | (2) (i) the costs associated with implementing and operating stop sign 1 |
---|
947 | | - | monitoring systems; and 2 |
---|
948 | | - | |
---|
949 | | - | (ii) the revenue collected on a monthly basis as a result of violations 3 |
---|
950 | | - | recorded by stop sign monitoring systems; 4 |
---|
951 | | - | |
---|
952 | | - | (3) appropriate locations for the deployment of stop sign monitoring 5 |
---|
953 | | - | systems; 6 |
---|
954 | | - | |
---|
955 | | - | (4) the performance and reliability of stop sign monitoring systems used by 7 |
---|
956 | | - | the City local jurisdiction; and 8 |
---|
957 | | - | |
---|
958 | | - | (5) the effectiveness of stop sign monitoring systems in reducing violations, 9 |
---|
959 | | - | crashes, and pedestrian injuries in the City local jurisdiction and in areas where the stop 10 |
---|
960 | | - | sign monitoring systems were implemented and used. 11 |
---|
961 | | - | |
---|
962 | | - | SECTION 5. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 12 |
---|
963 | | - | effect on the taking effect of the termination provision specified in Section 3 of Chapter 678 13 |
---|
964 | | - | of the Acts of the General Assembly of 2024. If that termination provision takes effect, 14 |
---|
965 | | - | Section 1 of this Act, with no further action required by the General Assembly, shall be 15 |
---|
966 | | - | abrogated and of no further force and effect. This Act may not be interpreted to have any 16 |
---|
967 | | - | effect on that termination provision. 17 |
---|
968 | | - | |
---|
969 | | - | SECTION 6. 3. AND BE IT FURTHER ENACTED, That , subject to the provisions 18 |
---|
970 | | - | of Section 5 of this Act, this Act shall take effect July 1, 2025. It shall remain effective for 19 |
---|
971 | | - | a period of 5 4 years and, at the end of June 30, 2030 2029, this Act, with no further action 20 |
---|
972 | | - | required by the General Assembly, shall be abrogated and of no further force and effect. 21 |
---|
| 617 | + | SECTION 6. AND BE IT FURTHER ENACTED, That, subject to the provisions of 3 |
---|
| 618 | + | Section 5 of this Act, this Act shall take effect July 1, 2025. It shall remain effective for a 4 |
---|
| 619 | + | period of 5 years and, at the end of June 30, 2030, this Act, with no further action required 5 |
---|
| 620 | + | by the General Assembly, shall be abrogated and of no further force and effect. 6 |
---|