§ 12-113.1

Maryland § 12-113.1

• Jurisdiction: Maryland
• Article gtr: Transportation
• Title: 12

Text

§12–113.1. IN EFFECT

(a) (1) In this section the following words have the meanings indicated.

(2) “Agency” means a State police department, the State Highway Administration, a local police department, or another local agency that implements and operates an automated enforcement program.

(3) “Appropriate traffic enforcement purpose” means the detection, investigation, or analysis of, or assessment or adjudication of liability for, a violation.

(4) “Automated enforcement” means the use of cameras, monitoring devices, and other technology by an agency to capture recorded images of a motor vehicle being operated in violation of a traffic law.

(5) “Facial recognition technology” means a biometric software application that identifies or verifies the identity of an individual by comparing and analyzing patterns based on an individual’s facial contours.

(6) “Law enforcement agency” has the meaning stated in § 3–201 of the Public Safety Article.

(7) “Program” means an automated enforcement program implemented and operated by an agency.

(8) “Recorded image or associated data” means any image or data recorded under a program by electronic or digital means, by photographic means, or by way of any other medium that:

(i) Shows a motor vehicle;

(ii) Clearly identifies the entire registration plate number of the motor vehicle; and

(iii) May constitute evidence of a violation.

(9) “Violation” means a traffic violation that a particular automated enforcement system is intended to capture.

(b) This section applies to:

(1) Traffic control signal monitoring systems under § 21–202.1 of this article;

(2) Automated railroad grade crossing enforcement systems under § 21–704.1 of this article;

(3) School bus monitoring cameras under § 21–706.1 of this article;

(4) Stop sign monitoring systems under § 21–707.1 of this article;

(5) Speed monitoring systems under § 21–809 of this article;

(6) Work zone speed control systems under § 21–810 of this article;

(7) Bus lane monitoring systems under § 21–1134 of this article;

(8) Noise abatement monitoring systems under § 22–612 of this article;

(9) Vehicle height monitoring systems under § 24–111.3 of this article; and

(10) Any other automated traffic enforcement system authorized under State law.

(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, an agency may not access or use a recorded image or associated data without a warrant, subpoena, or court order unless the access or use is for an appropriate traffic enforcement purpose.

(2) (i) Subject to subparagraph (ii) of this paragraph, a law enforcement agency may access and use a recorded image or associated data already retained by the law enforcement agency if:

1. The law enforcement agency documents a request to access and use the recorded image or associated data that articulates a specific legitimate law enforcement purpose for accessing and using the recorded image or associated data; and

2. The custodian of the recorded image or associated data maintains a written record of the request and whether or not the request was granted.

(ii) A law enforcement agency that accesses a recorded image or associated data under this paragraph may use the recorded image or associated data only for the legitimate law enforcement purpose described in the request required by subparagraph (i)1 of this paragraph.

(3) An employee or a contractor of an agency may access and use a recorded image and associated data:

(i) To administer and process citations or to audit or evaluate the accuracy of the automated enforcement system; and

(ii) In a manner consistent with subsection (d) of this section.

(4) An agency that knowingly violates this subsection is subject to a fine not exceeding $1,000 for each violation.

(d) (1) An agency shall immediately remove from its records and destroy any recorded image or associated data captured under a program that does not constitute evidence of a violation.

(2) A recorded image or associated data captured under a program that constitutes evidence of a violation may be retained only until the earlier of:

(i) 1 year following the conclusion of any criminal investigation or the exhaustion of all the avenues of adjudication for the violation; or

(ii) 5 years after the day on which the recorded image or associated data was captured.

(3) Before an agency removes and destroys a recorded image or associated data, the agency may disaggregate the data for analysis purposes in a manner that does not identify any individual or vehicle.

(e) (1) An agency that implements and operates a program shall adopt procedures relating to the operation of the program and the use of automated enforcement systems.

(2) The procedures shall:

(i) Identify the employee classifications in the agency that have authorization to access or use recorded images and associated data produced by an automated enforcement system;

(ii) Establish an audit process to ensure that information obtained through the use of an automated enforcement system is used only for appropriate traffic enforcement purposes as authorized in this section;

(iii) Establish procedures and safeguards to ensure that agency personnel with access to recorded images and associated data are adequately screened and trained;

(iv) Establish procedures and safeguards for the secure storage of the recorded images and associated data before the images and data are removed and destroyed; and

(v) Establish procedures for the removal and destruction of recorded images and associated data.

(f) (1) Recorded images and associated data shall be stored using software that is independent from and inaccessible to other systems and networks.

(2) An automated enforcement system shall be situated and focused in a manner that:

(i) Captures recorded images and associated data of violations; and

(ii) To the maximum extent possible, does not capture identifying images of the driver, other drivers or vehicles, or pedestrians.

(3) An automated enforcement system may not use biometric identifying technology, including facial recognition technology.

(4) (i) An agency or a contractor of an agency may not sell or otherwise transfer or share recorded images and associated data with another person other than:

1. A person alleged to be liable for a civil violation recorded by an automated enforcement system;

2. A court of competent jurisdiction when adjudicating liability; or

3. Another law enforcement agency for use only in an ongoing investigation, after the other law enforcement agency has obtained an appropriate warrant, subpoena, or court order.

(ii) A law enforcement agency that receives recorded images or associated data under subparagraph (i)3 of this paragraph is subject to the prohibitions and requirements of this section.

§12–113.1. ** TAKES EFFECT JULY 1, 2026 PER CHAPTERS 463 AND 464 OF 2025 **

// EFFECTIVE UNTIL JULY 1, 2029 PER CHAPTERS 463 AND 464 OF 2025 //

(a) (1) In this section the following words have the meanings indicated.

(2) “Agency” means a State police department, the State Highway Administration, a local police department, or another local agency that implements and operates an automated enforcement program.

(3) “Appropriate traffic enforcement purpose” means the detection, investigation, or analysis of, or assessment or adjudication of liability for, a violation.

(4) “Automated enforcement” means the use of cameras, monitoring devices, and other technology by an agency to capture recorded images of a motor vehicle being operated in violation of a traffic law.

(5) “Facial recognition technology” means a biometric software application that identifies or verifies the identity of an individual by comparing and analyzing patterns based on an individual’s facial contours.

(6) “Law enforcement agency” has the meaning stated in § 3–201 of the Public Safety Article.

(7) “Program” means an automated enforcement program implemented and operated by an agency.

(8) “Recorded image or associated data” means any image or data recorded under a program by electronic or digital means, by photographic means, or by way of any other medium that:

(i) Shows a motor vehicle;

(ii) Clearly identifies the entire registration plate number of the motor vehicle; and

(iii) May constitute evidence of a violation.

(9) “Violation” means a traffic violation that a particular automated enforcement system is intended to capture.

(b) This section applies to:

(1) Traffic control signal monitoring systems under § 21–202.1 of this article;

(2) Automated railroad grade crossing enforcement systems under § 21–704.1 of this article;

(3) School bus monitoring cameras under § 21–706.1 of this article;

(4) Stop sign monitoring systems under § 21–707.1 of this article;

(5) Speed monitoring systems under § 21–809 of this article;

(6) Work zone speed control systems under § 21–810 of this article;

(7) Bus lane monitoring systems under § 21–1134 of this article;

(8) Vehicle height monitoring systems under § 24–111.3 of this article; and

(9) Any other automated traffic enforcement system authorized under State law.

(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, an agency may not access or use a recorded image or associated data without a warrant, subpoena, or court order unless the access or use is for an appropriate traffic enforcement purpose.

(2) (i) Subject to subparagraph (ii) of this paragraph, a law enforcement agency may access and use a recorded image or associated data already retained by the law enforcement agency if:

1. The law enforcement agency documents a request to access and use the recorded image or associated data that articulates a specific legitimate law enforcement purpose for accessing and using the recorded image or associated data; and

2. The custodian of the recorded image or associated data maintains a written record of the request and whether or not the request was granted.

(ii) A law enforcement agency that accesses a recorded image or associated data under this paragraph may use the recorded image or associated data only for the legitimate law enforcement purpose described in the request required by subparagraph (i)1 of this paragraph.

(3) An employee or a contractor of an agency may access and use a recorded image and associated data:

(i) To administer and process citations or to audit or evaluate the accuracy of the automated enforcement system; and

(ii) In a manner consistent with subsection (d) of this section.

(4) An agency that knowingly violates this subsection is subject to a fine not exceeding $1,000 for each violation.

(d) (1) An agency shall immediately remove from its records and destroy any recorded image or associated data captured under a program that does not constitute evidence of a violation.

(2) A recorded image or associated data captured under a program that constitutes evidence of a violation may be retained only until the earlier of:

(i) 1 year following the conclusion of any criminal investigation or the exhaustion of all the avenues of adjudication for the violation; or

(ii) 5 years after the day on which the recorded image or associated data was captured.

(3) Before an agency removes and destroys a recorded image or associated data, the agency may disaggregate the data for analysis purposes in a manner that does not identify any individual or vehicle.

(e) (1) An agency that implements and operates a program shall adopt procedures relating to the operation of the program and the use of automated enforcement systems.

(2) The procedures shall:

(i) Identify the employee classifications in the agency that have authorization to access or use recorded images and associated data produced by an automated enforcement system;

(ii) Establish an audit process to ensure that information obtained through the use of an automated enforcement system is used only for appropriate traffic enforcement purposes as authorized in this section;

(iii) Establish procedures and safeguards to ensure that agency personnel with access to recorded images and associated data are adequately screened and trained;

(iv) Establish procedures and safeguards for the secure storage of the recorded images and associated data before the images and data are removed and destroyed; and

(v) Establish procedures for the removal and destruction of recorded images and associated data.

(f) (1) Recorded images and associated data shall be stored using software that is independent from and inaccessible to other systems and networks.

(2) An automated enforcement system shall be situated and focused in a manner that:

(i) Captures recorded images and associated data of violations; and

(ii) To the maximum extent possible, does not capture identifying images of the driver, other drivers or vehicles, or pedestrians.

(3) An automated enforcement system may not use biometric identifying technology, including facial recognition technology.

(4) (i) An agency or a contractor of an agency may not sell or otherwise transfer or share recorded images and associated data with another person other than:

1. A person alleged to be liable for a civil violation recorded by an automated enforcement system;

2. A court of competent jurisdiction when adjudicating liability; or

3. Another law enforcement agency for use only in an ongoing investigation, after the other law enforcement agency has obtained an appropriate warrant, subpoena, or court order.

(ii) A law enforcement agency that receives recorded images or associated data under subparagraph (i)3 of this paragraph is subject to the prohibitions and requirements of this section.

§12–113.1. ** TAKES EFFECT JULY 1, 2029 PER CHAPTERS 463 AND 464 OF 2025 **

(a) (1) In this section the following words have the meanings indicated.

(2) “Agency” means a State police department, the State Highway Administration, a local police department, or another local agency that implements and operates an automated enforcement program.

(3) “Appropriate traffic enforcement purpose” means the detection, investigation, or analysis of, or assessment or adjudication of liability for, a violation.

(4) “Automated enforcement” means the use of cameras, monitoring devices, and other technology by an agency to capture recorded images of a motor vehicle being operated in violation of a traffic law.

(5) “Facial recognition technology” means a biometric software application that identifies or verifies the identity of an individual by comparing and analyzing patterns based on an individual’s facial contours.

(6) “Law enforcement agency” has the meaning stated in § 3–201 of the Public Safety Article.

(7) “Program” means an automated enforcement program implemented and operated by an agency.

(8) “Recorded image or associated data” means any image or data recorded under a program by electronic or digital means, by photographic means, or by way of any other medium that:

(i) Shows a motor vehicle;

(ii) Clearly identifies the entire registration plate number of the motor vehicle; and

(iii) May constitute evidence of a violation.

(9) “Violation” means a traffic violation that a particular automated enforcement system is intended to capture.

(b) This section applies to:

(1) Traffic control signal monitoring systems under § 21–202.1 of this article;

(2) Automated railroad grade crossing enforcement systems under § 21–704.1 of this article;

(3) School bus monitoring cameras under § 21–706.1 of this article;

(4) Speed monitoring systems under § 21–809 of this article;

(5) Work zone speed control systems under § 21–810 of this article;

(6) Bus lane monitoring systems under § 21–1134 of this article;

(7) Noise abatement monitoring systems under § 22–612 of this article;

(8) Vehicle height monitoring systems under § 24–111.3 of this article; and

(9) Any other automated traffic enforcement system authorized under State law.

(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, an agency may not access or use a recorded image or associated data without a warrant, subpoena, or court order unless the access or use is for an appropriate traffic enforcement purpose.

(2) (i) Subject to subparagraph (ii) of this paragraph, a law enforcement agency may access and use a recorded image or associated data already retained by the law enforcement agency if:

1. The law enforcement agency documents a request to access and use the recorded image or associated data that articulates a specific legitimate law enforcement purpose for accessing and using the recorded image or associated data; and

2. The custodian of the recorded image or associated data maintains a written record of the request and whether or not the request was granted.

(ii) A law enforcement agency that accesses a recorded image or associated data under this paragraph may use the recorded image or associated data only for the legitimate law enforcement purpose described in the request required by subparagraph (i)1 of this paragraph.

(3) An employee or a contractor of an agency may access and use a recorded image and associated data:

(i) To administer and process citations or to audit or evaluate the accuracy of the automated enforcement system; and

(ii) In a manner consistent with subsection (d) of this section.

(4) An agency that knowingly violates this subsection is subject to a fine not exceeding $1,000 for each violation.

(d) (1) An agency shall immediately remove from its records and destroy any recorded image or associated data captured under a program that does not constitute evidence of a violation.

(2) A recorded image or associated data captured under a program that constitutes evidence of a violation may be retained only until the earlier of:

(i) 1 year following the conclusion of any criminal investigation or the exhaustion of all the avenues of adjudication for the violation; or

(ii) 5 years after the day on which the recorded image or associated data was captured.

(3) Before an agency removes and destroys a recorded image or associated data, the agency may disaggregate the data for analysis purposes in a manner that does not identify any individual or vehicle.

(e) (1) An agency that implements and operates a program shall adopt procedures relating to the operation of the program and the use of automated enforcement systems.

(2) The procedures shall:

(i) Identify the employee classifications in the agency that have authorization to access or use recorded images and associated data produced by an automated enforcement system;

(ii) Establish an audit process to ensure that information obtained through the use of an automated enforcement system is used only for appropriate traffic enforcement purposes as authorized in this section;

(iii) Establish procedures and safeguards to ensure that agency personnel with access to recorded images and associated data are adequately screened and trained;

(iv) Establish procedures and safeguards for the secure storage of the recorded images and associated data before the images and data are removed and destroyed; and

(v) Establish procedures for the removal and destruction of recorded images and associated data.

(f) (1) Recorded images and associated data shall be stored using software that is independent from and inaccessible to other systems and networks.

(2) An automated enforcement system shall be situated and focused in a manner that:

(i) Captures recorded images and associated data of violations; and

(ii) To the maximum extent possible, does not capture identifying images of the driver, other drivers or vehicles, or pedestrians.

(3) An automated enforcement system may not use biometric identifying technology, including facial recognition technology.

(4) (i) An agency or a contractor of an agency may not sell or otherwise transfer or share recorded images and associated data with another person other than:

1. A person alleged to be liable for a civil violation recorded by an automated enforcement system;

2. A court of competent jurisdiction when adjudicating liability; or

3. Another law enforcement agency for use only in an ongoing investigation, after the other law enforcement agency has obtained an appropriate warrant, subpoena, or court order.

(ii) A law enforcement agency that receives recorded images or associated data under subparagraph (i)3 of this paragraph is subject to the prohibitions and requirements of this section.