§ 21-1134

Maryland § 21-1134

• Jurisdiction: Maryland
• Article gtr: Transportation
• Title: 21

Text

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

(2) “Agency” means:

(i) A law enforcement agency of the State or a local political subdivision that is authorized to issue a citation for a violation of the Maryland Vehicle Law or of local traffic laws or regulations;

(ii) For a municipal corporation that does not maintain a police force, an agency established or designated by the municipal corporation to use bus lane monitoring systems in accordance with this section; or

(iii) A local, regional, or statewide transit agency or authority, including the Maryland Transit Administration and the Washington Metropolitan Area Transit Authority.

(3) “Bus lane monitoring system” means an enforcement system, including an onboard or fixed monitoring system, that is designed to capture a recorded image of a motor vehicle during the commission of a violation.

(4) “Bus lane monitoring system operator” means a representative of an agency or a contractor that operates a bus lane monitoring system.

(5) (i) “Owner” means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of 6 months or more.

(ii) “Owner” does not include:

1. A motor vehicle leasing company; or

2. A holder of a special registration plate issued under Title 13, Subtitle 9, Part III of this article.

(6) “Recorded image” means an image recorded by a bus lane monitoring system:

(i) On:

1. A photograph;

2. A microphotograph;

3. An electronic image;

4. Videotape; or

5. Any other visual medium; and

(ii) Showing a motor vehicle and, on at least one image or portion of the recording, clearly identifying the registration plate number of the motor vehicle.

(7) “Violation” means a violation of § 21–1133 of this subtitle.

(b) (1) An agency may use a bus lane monitoring system that meets the requirements of this subsection to record the images of motor vehicles during the commission of a violation.

(2) A bus lane monitoring system may be used only:

(i) When being operated by a bus lane monitoring system operator;

(ii) If, in accordance with the Maryland Manual on Uniform Traffic Control Devices:

1. A conspicuous road sign is placed at a reasonable distance consistent with national guidelines alerting drivers that a bus lane monitoring system may be in operation in the bus lane; or

2. A conspicuous sign is affixed to the transit vehicle alerting drivers that the vehicle is equipped with a bus lane monitoring system; and

(iii) If the system produces video for each alleged violation that allows for the differentiation between a vehicle that is driving, standing, or parked in a dedicated bus lane in violation of § 21–1133 of this subtitle and a vehicle that is lawfully stopped or moving in order to execute a right turn at an intersection.

(3) (i) A bus lane monitoring system may retain only the images of vehicles that contain evidence of a violation.

(ii) Recorded images from a bus lane monitoring system:

1. That contain evidence of a violation may be retained for up to 6 months or 60 days after final disposition of the citation, whichever is later;

2. That do not contain evidence of a violation shall be destroyed within 15 days after the recorded images were first captured; and

3. May not be used for any purpose other than as evidence of a violation without a warrant, subpoena, or court order.

(iii) A bus lane monitoring system may not use biometric identification techniques, including facial recognition technology.

(c) (1) (i) A bus lane monitoring system operator shall complete training by the manufacturer of the bus lane monitoring system in the procedures for setting up, testing, and operating the bus lane monitoring system.

(ii) On completion of the training, the manufacturer shall issue a signed certificate to the bus lane monitoring system operator.

(iii) The certificate of training shall be admitted as evidence in any court proceeding for a violation.

(2) A bus lane monitoring system operator shall fill out and sign a daily set–up log for each bus lane monitoring system that:

(i) States the date and time when the system was set up;

(ii) States that the bus lane monitoring system operator successfully performed, and the device passed, the manufacturer–specified self–tests of the bus lane monitoring system before producing a recorded image;

(iii) Shall be kept on file; and

(iv) Shall be admitted as evidence in any court proceeding for a violation.

(d) (1) A bus lane monitoring system shall undergo an annual calibration check performed by an independent calibration laboratory.

(2) The independent calibration laboratory shall issue a signed certificate of calibration after the annual calibration check that:

(i) Shall be kept on file; and

(ii) Shall be admitted as evidence in any court proceeding for a violation of § 21–1133 of this subtitle.

(e) (1) Unless the driver of the motor vehicle received a citation from a police officer at the time of the violation, the owner or, in accordance with subsection (h)(5) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a bus lane monitoring system during the commission of a violation.

(2) A civil penalty under this section may not exceed $75.

(3) For purposes of this section, the District Court shall prescribe:

(i) A uniform citation form consistent with subsection (f)(1) of this section and § 7–302 of the Courts Article; and

(ii) A civil penalty, which shall be indicated on the citation, to be paid by persons who choose to prepay the civil penalty without appearing in District Court.

(f) (1) Subject to the provisions of paragraphs (2) through (5) of this subsection, an agency or a contractor of the agency shall mail to the owner liable under subsection (e) of this section a citation that shall include:

(i) The name and address of the registered owner of the vehicle;

(ii) The registration number of the motor vehicle involved in the violation;

(iii) The violation charged;

(iv) To the extent possible, the location of the violation;

(v) The date and time of the violation;

(vi) A copy of the recorded image;

(vii) The amount of the civil penalty imposed and the date by which the civil penalty must be paid;

(viii) A signed statement by a police officer employed by the local law enforcement agency that, based on inspection of the recorded images, the motor vehicle was being operated during the commission of a violation;

(ix) A statement that the recorded image is evidence of a violation; and

(x) Information advising the person alleged to be liable under this section:

1. Of the manner and time in which liability as alleged in the citation may be contested in the District Court; and

2. That failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability and may result in refusal or suspension of the motor vehicle registration.

(2) (i) Subject to subparagraph (ii) of this paragraph, an agency may mail a warning notice in place of a citation to the owner liable under subsection (e) of this section.

(ii) An agency shall mail a warning notice in place of a citation to an owner liable under subsection (e) of this section for a violation recorded by a bus lane monitoring system during the first 45 days that the bus lane monitoring system is in operation.

(3) (i) Before mailing a citation to a motor vehicle rental company liable under subsection (e) of this section, an agency shall mail a notice to the motor vehicle rental company stating that a citation will be mailed to the motor vehicle rental company unless, within 45 days after receiving the notice, the motor vehicle rental company provides the agency with:

1. A statement made under oath that states the name and last known mailing address of the individual driving or renting the motor vehicle when the violation occurred;

2. A. A statement made under oath that states that the motor vehicle rental company is unable to determine who was driving or renting the vehicle at the time the violation occurred because the motor vehicle was stolen at the time of the violation; and

B. A copy of the police report associated with the motor vehicle theft claimed under item A of this item; or

3. Payment for the penalty associated with the violation.

(ii) An agency may not mail a citation to a motor vehicle rental company liable under subsection (e) of this section if the motor vehicle rental company complies with subparagraph (i) of this paragraph.

(4) Except as provided in paragraph (3) of this subsection and subsection (h)(5) of this section, a citation issued under this section shall be mailed not later than 2 weeks after the alleged violation.

(5) A person who receives a citation under paragraph (1) of this subsection may:

(i) Pay the civil penalty, in accordance with instructions on the citation, directly to the local jurisdiction; or

(ii) Elect to stand trial in the District Court for the alleged violation.

(6) To mail the citation or warning notice, the Baltimore City Police Department or a contractor of the police department shall use:

(i) The current mailing address on file with the Administration; or

(ii) If a mailing address is unavailable, the current residential address on file with the Administration.

(g) (1) (i) A certificate alleging that a violation occurred, sworn to or affirmed by a duly authorized law enforcement officer employed or under contract with an agency, based on inspection of a recorded image produced by a bus lane monitoring system, shall be evidence of the facts contained in the certificate and shall be admissible in any proceeding concerning the alleged violation without the presence or testimony of the bus lane monitoring system operator who performed the requirements under subsection (c) of this section.

(ii) If a person who received a citation under this section desires a bus lane monitoring system operator to be present and testify at trial, the person shall notify the court and the agency in writing not later than 20 days before trial.

(iii) 1. On request of a person who received a citation under this section, video of the alleged violation shall be made available to the person.

2. Video evidence made available under subsubparagraph 1 of this subparagraph shall be admitted as evidence in any court proceeding for a violation of § 21–1133 of this subtitle.

(2) Adjudication of liability shall be based on a preponderance of evidence.

(h) (1) The District Court may consider in defense of an alleged violation:

(i) Subject to paragraph (2) of this subsection, that the motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or in the possession of the owner at the time of the violation;

(ii) Subject to paragraph (3) of this subsection, evidence that the person named in the citation was not operating the vehicle at the time of the violation; and

(iii) Any other issues and evidence that the District Court deems relevant.

(2) To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or in the possession of the owner at the time of the violation, the owner shall submit proof that a police report about the stolen motor vehicle or registration plates was filed in a timely manner.

(3) To satisfy the evidentiary burden under paragraph (1)(ii) of this subsection, the person named in the citation shall provide to the District Court evidence to the satisfaction of the District Court of who was operating the vehicle at the time of the violation, including, at a minimum, the operator’s name and current address.

(4) (i) This paragraph applies only to a citation that involves a Class E (truck) vehicle with a registered gross weight of 26,001 pounds or more, a Class F (tractor) vehicle, a Class G (trailer) vehicle operated in combination with a Class F (tractor) vehicle, and a Class P (passenger bus) vehicle.

(ii) To satisfy the evidentiary burden under paragraph (1)(ii) of this subsection, the person named in a citation described under subparagraph (i) of this paragraph may provide to the District Court a letter, sworn to or affirmed by the person and mailed by certified mail, return receipt requested, that:

1. States that the person named in the citation was not operating the vehicle at the time of the violation; and

2. Provides the name, address, and driver’s license identification number of the person who was operating the vehicle at the time of the violation.

(5) (i) If the District Court finds that the person named in the citation was not operating the vehicle at the time of the violation or receives evidence under paragraph (4)(ii)2 of this subsection identifying the person driving the vehicle at the time of the violation, the clerk of the court shall provide to the agency a copy of any evidence substantiating who was operating the vehicle at the time of the violation.

(ii) On the receipt of substantiating evidence from the District Court under subparagraph (i) of this paragraph, an agency may issue a new citation as provided in subsection (f) of this section to the person that the evidence indicates was operating the vehicle at the time of the violation.

(iii) A citation issued under subparagraph (ii) of this paragraph shall be mailed not later than 2 weeks after receipt of the evidence from the District Court.

(i) If the civil penalty is not paid and the violation is not contested, the Administration may refuse to register or reregister the motor vehicle.

(j) A violation for which a civil penalty is imposed under this section:

(1) Is not a moving violation for the purpose of assessing points under § 16–402 of this article and may not be recorded by the Administration on the driving record of the owner or driver of the vehicle;

(2) May be treated as a parking violation for purposes of § 26–305 of this article; and

(3) May not be considered in the provision of motor vehicle insurance coverage.

(k) (1) In consultation with the appropriate local government agencies, the Chief Judge of the District Court shall adopt procedures for the issuance of citations, trials for violations, and the collection of civil penalties imposed under this section.

(2) The standards and requirements for the use, processing, and disposal of recorded images and associated data established under § 12–113.1 of this article apply to citations issued under this section.

(l) (1) An agency or a contractor designated by the agency shall administer and process civil citations issued under this section in coordination with the District Court.

(2) If a contractor provides, deploys, or operates a bus lane monitoring system for an agency, the contractor’s fee may not be contingent on the number of citations issued or paid.